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HomeMy WebLinkAboutBy-law 1256/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1256/81 Being a By-Law to authorize the execution of a Subdivision Agreement between the Corporation of the Town of Pickering and Bramalea Limited respecting Block V, Plan M-1058 (Draft Plan 18T-78123(R) WHEREAS, Bramalea Limited proposes to register a plan of subdivision of Block V, Plan M-1058, Pickering; and WHEREAS, that proposal has been approved by the Council of the Corporation of the Town of Pickering and the Minister of Housing, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement between Bramalea Limited and the Corporation of the Town of Pickering; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form attached hereto as Schedule "A", between the Corporation of the Town of Pickering and Bramalea Limited respecting Block V, Plan M-1058, Pickering (Draft Plan 18T-78123(R). BY-LAW read a first, second and third time and finally passed this 2nd day of March , 1981. er SCHEDULE "A" to BY-LAW NO. 1256 THIS AGREEMENT made in triplicate this day of , 1981. B E T W E E N: BRAMALEA LIMITED hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - hereinafter called the "Encumbrancers" OF THE THIRD PART. WHEREAS, the Owner has subdivided certain parts of Lot 28, Conces- sion 1, in the Town of Pickering in the Regional Municipality of Durham, and registered plans of such subdivision as Plans M-1057, M-1058 and M-1059; and WHEREAS, the Owner now proposes to further subdivide that part of Plan M-1058 designated Block V on that Plan; and WHEREAS, the Encumbrancers have certain rights or interests in the nature of encumbrances relating to the lands affected hereby; and WHEREAS, therefore, the Owner, with the consent of the Encumbran- cers, proposes to register a plan of subdivision of the lands affected hereby, as shown on a draft plan of subdivision prepared by Walter Carbis, O.L.S., dated December 15th, 1978, having Draft Plan Number 18T-78123, as revised; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the said proposed plan of subdivision, and the coven- ants hereinafter expressed, the parties hereto covenant and agree one with the other as follows: - 2 - PART 1 - PROPERTY DESCRIPTION 1. LAND AFFECTED The lands affected by this Agreement are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of, All of Block V, according to a plan registered in the Land Titles Office for the Registry Division of Durham as Plan M-1058. - 3 - PART 2 - SERVICES 2. OWNER'S GENERAL UNDERTAKING The owner agrees to complete at its own expense and in a good workmanlike manner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Director of Public Works for the Town of Pickering, and to complete, perform or make payment for such other matters as may be provided for herein. 3. CONSULTING ENGINEERS (1) The Owner agrees to retain a Professional Engineer as the Consulting Engineer of the owner to carry out all the nec- essary engineering and supervise generally the work required to be done for the development of the subdivision. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 4. STORM SEWERS (1) The Owner agrees to construct a complete storm system includ- ing storm connections to the street line and catch basin leads to service all the lands in the plan of subdivision and adjacent road allowances and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public works and according to the specifications of the Town in effect at the date hereof and to maintain them, including clearing any blockages or debris from whatever cause, until they are formally accepted by the Town. (2) Such sewers shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of sufficient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the aforementioned lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require their use as trunk outlets. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivision, the Owner may be required to carry out such works as are necessary to provide adequate outlets. (4) The Town may connect or authorize connection into any part of the system but such connection shall not constitute accept- ance of the sewer system by the Town. (5) No connection under subsection 4, above, shall be undertaken or authorized prior to preliminary acceptance of the sewer system by the Town except in an emergency. 5. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the relevant municipal services provided for herein, the Owner agrees to rough grade to the Town's specifications to the full width, the proposed road allo?.ances shown on the plan of subdivi- sion. - 4 - PART 2 - SFRVICIS (Cone' d) 5. ROADS - ROUGH GRADE (Cont.'d) (2) The Owner further agrees to keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utili- ties. 6. ROADS - PAVED (1) The Owner agrees to construct the roads shown on the plan of subdivision according to the specifications for paved roads of the Tom in effect at the date hereof including such boundary or approach roads as may be necessary to provide an adequate access. (2) The specifications for boulevard grading, sidewalks and sod- ding shall apply to existing roads adjacent to the plan of subdivision. (3) The Owner covenants and agrees that, until assumption by the Town, it will maintain and repair roads both within and out- side the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of dust, refuse, rubbish or other litter of all types. (4) The Owner will erect and maintain adequate signs to warn all persons using the roads in the plan of subdivision that the maintenance of them has not been assumed by the Town from the time that they are opened until formal assumption by the Town. (5) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 7. CURBS & GUTTERS (1) The Owner agrees to construct curbs and gutters on the roads shown on the plan of subdivision according to the specifica- tions of the Town in effect at the date hereof and to main- tain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with re- spect to a driveway, the owner shall construct a curb depres- sion in the correct location and fill in the original curb depression according to the said specifications. 8. SIDEWALKS The owner agrees to construct a sidewalk, (a) on the south side of the east-west portion and the west side of the north-south portion of B Street (Stonepath Circle); (b) on each side of A Street (Aspen Road); (c) adjacent to the plan of subdivision, on the north side of Stroud's Lane, the east side of White's Road, and the west side of Cricket Lane; according to the specifications of the Tom in effect at the date - J - PART J_ - 51r'RVICP,S (Cone' d) 2. SIDEWALKS (Cont'd) hereof and to maintain them until they are formally accepted by the Town. 9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING 10. (1) Underground electric distribution and cable television ser- vices shall be provided for all residential lots and blocks within the plan of subdivision according to the standards and specifications of the appropriate authority. (2) The Owner agrees to pay all costs of installation of street lighting, including poles and other necessary appurtenances for the lighting of all streets including boundary roads and pedestrian walkways on the plan. (3) The lighting shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. (4) The installation of all works provided for in this clause shall be constructed under the supervision and inspection of Pickering Hydro-Electric Commission and Pickering Cable TV Limited, as the case may be. INSPECTION OF WORK, (1) All works required to be constructed by the owner., except those referred to in section 9, above, shall be installed under the observation of Inspectors employed by the Town and the owner agrees to pay the costs incurred therefor within thirty (30) days of invoices being rendered. (2) The costs referred but not necessarily Inspectors, testing to in subsection (1), above, may include, be limited to, salaries and wa_op of fees and administration fees. 11. LIABILITY I`?SURANCI: (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the owner in the plan of subdivision. (2) The amount of the said Policy shall be $1,000,000. (3) In the event any renewal premium is not paid, the Te"i, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or Premiums and the Owner agrees to pay the cost of such renewal or renewals within thirty (30) days of the account therefor being rendered by the 'T'own. (4) It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. - 6 -- PART 2 -- SERVICES (Cunt' d) 12. PERrORhtANCE & MAINTENANCE GUARANTEE (1) Before commencing any of the work provided for herein, the owner shall supply the Town with a 100% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Woirkw to guarantee the satisfactory completion of the work and to guarantee the workmanship and materials for a period of two (2) years from the date that the said works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) Such performance of the owner, be credit. (3) The Owner may, f the security and 't'reasurer. and maintenance security may, at the option made up of cash or irrevocable letter of rom time to time, apply for a reduction in such application shall be made to tha Town (4) Upon written verification from the Director of Public Works that the services for which reduction is being sought hove been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than ten per cent (10%) of the original value, which ten per cent portion shall apply as the security for maintenance until the obligation to maintain has expired, when thy: bal- ance of the security shall be returned to the owner subject to any deductions for maintenance purposes. (5) Upon the approval, if any, of a reduction in the amount of a security required to be provided in subsection 1, tho Town Manager_ or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 13. DRAINAGE - SODDING (1) The owner agrees to provide the Town, before commencing any of the work provided for herein and prior to the comroncement of the development: of the plan of .subdivision, with a. Grading Control Plan prepared by the Owner' Consul-tinq Dnginc- , establishing the proposed grading of the lands to prcvi6e for the proper drainage thereof: and the drainago of all a0aceni, lands which drain through the plan of subdivision. (2) The Grading Control Plan shall be prepared in aacord-: ,_, with the To:,n1's Lot Drainage SpecificationE in offe"L at the date of this Agreement and is subject to the approval of i:he Director of Public Works and the I4etropoli-tan Toronto and Region Conservation Authority. (3) The grading of all lards shall be carried cut by the Owner in accordance with the Grading Control Plan, under the supervi- sion of the Owner's Consulting Engineer. (4) If, in the opinion of the Director of Public works, 1rainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner agrees to correct them by re-grading or by the construction of catch bacin?, swales or other structures as may be necessary to correct such problems. - % - PAPT 2 - SERVICES (Cont'd) 13. DRAINAGE - SODDING (Cont'd) (5) The Owner agrees to sod the front., side and rear yards of each of the lots and blocks except_ for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 14. INCOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work., or shall the O,anor neglect or abandon it before the completion, or unrcas,onably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faits',, or shall the owner neglect or refuse to renew or again pcrf.orm such work as may be rejected by the Director of Public, Work_:; as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, them in any such case, the said Director of Public Works shall promptly notify the owner and his surety in writing of such default or neglect and if such notification be without effect within ten (10) clear days after such notice, then in that case, the Director of Public Works shall thereupon have full. authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper: completion of the said work at the cost and expense of the Owner or his surety, or both. (2) In c.:ses of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice huC. the Owner shall be forthwith notified. (3) The cost of such work. .shall be calculated by the Di.rwaLor of Public Works whose decision shall be final. ( ) It is understood and agreed that such costs shall include management fee of twenty per cent: (20v) of the labour and material value, and further, a fee of thirty per cent (301) of the value for the dislocation and inconvenience canted to the Town as a result of such default on the part of tM Owner, it being hereby declared and agreed that the assumi.n<< by the owner of the obligations imposed by this pa.rc:grn4 A one of the considerat:icos, without which the Town wou: a no,,: have executed this Agreement. 15. DEMICATIC,TaS The O%oier shall dedicate as public highway, upon the registration of the final plan, or convey, free and clear of all encumbrances, within the thirty (30) days immediately following the registration of the final plan, the lands indicated in Column I of the follow- ing Table to the respective authority named in Column 17 of the Table: - a - PART 2 - SRRVTCFS (font' d) 15. DEDICATIONS (Cont'd) Table 16. Column I A Street (Aspen Road) B Street (Stonepath Circle) TRANSFERS - CONVE` ANCFS Column TI The Corporation of the To%m of Pickering The Corporation of the, Town of Pickering Tha Owner shall convey free and clear of all encumbrances, at no cost to the Grantee, upon the registration of the plan or w`thin t.},e thirty (30) days imr,:ediately following the registration of the final plan, the l:.r,ds indicated in Column I of the following Table to the respective authority named in Column I! of the 't'able: T aJ J e Column I Block 28 (Walkway) Block 29 (Reserve - Stonep:at.h Circle) Block 30 (Reserve - Aspen Road) Blocks 31, 32 and 33 (Roserves -- Stroud's Lane) Column IT The Corporation of the Town of Pickering The Corporation of the Town of Pickering The Corporation of the Torn of Pickering Mo Corporation of the '?'cta of Pi ckeri.ng 17. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Direcior of Public Works or his designate shall deem necessary for the provision of storm sewer services both within the boundaries of the plan of subdivision and across lands adjacent thereto but nutside its boundaries. (2) Such easements shall be subject to the approval of the Direc- tor of Public Works or his dasignate as to their l.oc.oti_un and width. (3) The construc°_ion of any services in such easem-nt ore e:awn- ments shall not commence until the eascmcnt has }seen acquired, unless permission to do so has been obtained by the Cwner, in writing, from the Town and from the registered owner o the lands across which the easement shall lie. - 9 - PART 2 - S'RVTCSS (Cont'd) 18. STREET NAMING The owner shall name, on the final plan, the streets indicated in Column I of the following Table, with the name set out in Column 11 of the Table: Table Column I Column II (Draft Plan Designation) A Street P Street 19. SERVICE CAPACITY 20. Aspen Road Stonepath Circle This Agreement shall be subject to the Owner entering into satis- factory arrangements with the Town and the Regional Municipality of Durham with respect to the allocation of sewage treatment: plaAt c<pacit-y and water capacity for the development. U_,'N!SRAL PROVISIONS •- SERVICES° The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches betwn_en the curb and side- walk, or, where no sidewalk is to be provided, betwocA the curb and the lot line. (b) Continuation of Existing Services Where the construction of services herein involves a contin- uation to existing services, to join into the same, including adjustment of grades where necessary, in a good and worK- manlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump :nor to permit to be dumped, any f.ilI or debris on, nor to remove or permit to be rowovcj, any fill from any public lands, other than the actual construction of roads in the plan of subdivision, without the written consent of the authority respon- sible for such lands. (ii.) On request, to supply the '.:'Dean with an a.ckn(, -led<t from such authority of the O-.,mer' s co;_:,:)liance ?, i th t terms of subclause (i), above. (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Construction Traffic Wherever possible, to ensure that construction trafiic serv- ing the development of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. - 10 - PART 2 - Si'RVICT;S (Cunt' d) 20. GENERAL PROVISIONS - SERVICES (Cont'd) (e) Qualitative or Quantita=tive Tests The Director of Public Works may have qualitative or quan- titali.pe tests made of any materials which have wecn P7 care proposed to used in the construction of nny scr% -.- qui-red by this Agreement, and the cost of such tests shall }.:, paid by the Owner within thirty (30) days of the account being rendered by the Town. (f) Relocation of Services (i) To pay the cost of relocating any existing ?Pxvices and utilities caused by the subdivision work wAhin thirty (30) days of the account fur same bei"c, ren- dered by the Town. (ii.) Similarly to pay the cost of moving any services or utilities installed under- this Agroe.mant in uriveway! or so close thereto, in the opinion of tho 1;: rnc' or c,` Public Works, as to interfere with the use of th,_? drivv"iy. (g) Specification. Unless otherwise provided, to perform any work required to hr done under this Agreement to the specifications o2 tho Town in effect at the date hereof. (h) Temporary Si ns To provide and erect at its own cost, to the speci`:i.cati-ons of t]r Town, temporary signs of such nature and at suc?l locations an may be designated by the Director of 1'u._l i_c Works. (i) Pormmnent nice, To provide and erect at its own cost, to the speciiicni:i.ons of the Town, permanent signs of such nature and at such locations as .:gay be designated by the Director of Public Works. (j) Engineerinc Drawings Prior to the final acceptance of the subdivision, try supply the Town with the original drawings of the eugineerinc wjrhs for the plan of subdivision, with am: ndmnnt.S, if any, noted thereon. (k) Snow Plo-.,,,inc{ F Sanding of Roads (i) If, in the opinion of the Director of Public Vorks, the condition of the road surface is not acceptable for winter control-, to snow plow and sand such r-ov2s from such occupied buildings to existing Town roads or to subdivision roads that receive the Town's .:inter control service, including alternate means of ..wceas there available. (ii) Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems con- ditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. - 11 - PART 2 - SERVICES (font' u) 20. GENERAL PROVISIONS - SERVICES (Cont'd) (1) Survey Monuments & Markers Prior to the acceptance of the subdivision by the 'J".)n, to supply a statement by an Ontario Lund Surveyor that, atter the completion of the subdivision work, he has fo-. J all standard iron bars as shown on the registered plan, :ndl survey monuments at all block corners, the ends of PIT curves, other than corner roundings and all points of chancre in direction of streets on the registered plan. - 1.2 - PART 3 - CON S'T'i'.UC'PTi> 7 & 0?'C('P '?CY (i' RU1:LIi7 ;'r?l 21. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) The Owner agrees that no build rg permit shall be issued to:- any building or part of a building in the subdivision until sewer and v:atcr facilities are available, and in the opini_l of the Director of Public Woyhs, capable of nrovi.d:iAg quaic service. (2) The Owner further agrees that no building or part: of a builci-- ing in the subdivision shall be occupied except upon the issuance of a municipal occupancy permit. (3) It is agreed that no application for a municipal occupancy permit for a building or part or a building shall be maw except upon the following conditions: W Sewer and cater facilities are instalJoP and in oper- ation to adequ5tely serve such building or part thereof; (ii) Flectric service is co_pl.et.cd and in opc:.rat:ion; (iii) An asphalt base has boon laid on the road imm2l-- iately in front of the building or part thornof and extended to an existing maintnined public: road; and Vv) Such curbs, as in the rpi.nion of the Director of Public V;orks, are required to be completed prior to occupancy, have been constructed on the said roW and extend to an existing maintained public road. (4) (a) The owner agrees with the Town that :should any buildings or part thereof in the plan of suldivision be ocoupic_d without the prior issuanu- of a ran.icipal occu.pa.vrc t per;nit, then ii' that ovcnt, tlic Or711cr shell ;7ri`i' to ;1-_'. Town, the sum of 01,5GC ion noch bu:•Jdinq or - thereof so occupied as liquidated Umvgcs thn i or. (b) The issuance by the Toam of municipal occupancy ponmi.ts for each and every building on any lot or block in the plan of subdivision shall be deemed to be a release iron the provision: of this subsection with respect to that lot or block. (J) The Owner further covenants and acrd to mainnin vohiculc access to all occupied buildings in the plan of _ubV ivi.sion, until the roads are forrally assured by the Town, LAd fur'.hc_;: agrees to obtain similar covenants f; rim ;?y suhroquwA m :or of any of the lands in the said plan. 22. TIME LIMIT FOR The owner agrees to construct or cause to to constructed, forty- seven (47) housing units, all of which shall be completed within two (2) years of the date of registration of the plan. 23. DESIGN PLANN\II&, (1) (a) The Owner agrees that, prior to the issuance of any building permit for the construction of any residential unit on the lands, it shall submit to the Town's Direc- tor of Planning, for approval, a report outlining siting and architectural design objectives for the subdivision. - 13 - PART 3 - CONSTRUCTION & OCCUPANCY OF PPTI,DINSS (Cunt' d) 23. DESIGN PLATINING (font' d) (b) This report may be required, at the Dir.ector's c,.i:ion, to provide the following information: (i) house massing; (ii) streetscapo; (iii) exterior materials and colours; (iv) architectural style; (v) visual variety; WA energy conservation mna.sures; and (vii) any other data or information required. (2) (a) The. Ownor further agyoca that, prior to the is^qr^ce or any building permit for the, construction of a rci .iden- tial unit to be orectcd on the landq, it shall su'..gA to the Director, for approval, site plans and arcla.ectvr.?l drawings for that unit. (b) These plans and dynwings nay be required, at the Dir_ec.- tor's option, to provide the following information: (i) the location of all buildings and structures ,to be erected and the location of all facili- ties and works associated therewith; the location of landscaping features, includ- ing trees to be pr_cservei; (1]3) >tY'Ct.'.t.SCDj?a r l.Ol' £rUil ell i% 2'C',`I r elevation at P scale acceptaLle to the Director; (iv) streetscape to shorn all street furniture ;nd vegetation; , (v) the relationship of hu.ildincs by bl.ochs; ;4d NO any other data or information requ.i_rcd. - 14 - PAIN ', - PINANCTIL M TTEW; 24. FINANCIAL PAYMENTS (1) The Owner agrees to pay to the Town a unit levy in tho an aunt of $1,000 per "nit, for each dwell!nU unit for which a Ki_ld- ing permit is runpived. (2) No building paymit wha11 be issued .foi any dP03ing un it. unless payment of the unit levy Va ll have bccn made i n advance of the issuance of such permit with respect to : ucli dwelling unit. (3) Payments of such levies shall be m,.-:de to the Town fro;.l time to time as building permits are requirV. (4) In any event, the owner shall pay all levies: due under ihr provisions of this section in full, on later than eJ , . .il (IS) months from the date of registinW on of the ploi?. (5) A letter from the Clark of the Town a0visi.ng that the r Ac levy his boon pmA d shall W deenct rl to bn a ,_nl_e se of MA, section for the lands referred to in khe: su a letter. 25. LRTTER OF CREDIT The Owner shall, immediately prior to the registry ion of th , plan, deposit with the Town, an irrevocable bank letter of credit payable to the Town, in a form sati.sfactouy to the Town, for tVi sum of $70,500 an security for: (a) the payments refer ed to in sectio;I 24 hereof; and (b) the payment of liquidated damages referred to in suh:-nn& or; (4) of section 7l hereof. 20. GENERAL PROVISIONS - PAPANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included i_._ th said plan of suhCi.vi_sion, as requi..recl Ly law fro.n ti).C tri time. (b) Local Improves:??nl Prior to the release of the plan for registrat lon, to any outstanding local improv ement cha rnos Won arc lov _:?u against any of th_ lands in the said Man uj subdiv sio- . (c) Interc: t To pay interest at the rate of eighteen per cent (180) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such duo drLes. (d) F2e istr<ti_rni Pies To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documentation, including transfers, in the Land Titles Office. -- 1.5 - PART 4 - PINLACTA MATTFPF (CoW d) 26. G: Ns :PiAL PROVISIONS - FTNANCIAL MATTERS (CoW d) (e) Tien or Other. Claims Upon applying for final accoptr_nce of the subdiv_i_sion, to supply the _..,.n with a Statutory i._c.Lura_tv:, ±._., . all orcn:,.:Ls for work and materials have been pniO, enc-cpt. ,.,,_,-,_,l cr -_ of eca holdbacks, and there are no claims for l_icnc or other it K connection with such work done or material supplied for cr on behalf of the Owner in connection with the subdivision, or if such claims do exist, the Owner agrc,os to indemnify the Tnw--) against any claims, actions or demaDds for mechanics' limn, or otherwise and all costs in connection therewith. 27. F-XPTRY OF SECURTTIE:' (1) Thee Owner further agrees that should Eny security require; to be giver, under the terms of this Agre,_..:nLL expire durdno t1• currency of the Agreement, the owner s.hall provide to t Town at least thirty (30) days in adva."ce of the expiry d;a: c of that security, a further security_ io We effect upon the expiry. (2) Such further security shall be to the satisfaction of QL, Town. (3) Should no such further security be provided as required., than the Town shall have the right to convsrt the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 28. TF. ,?1NATIOW GI S,EVY/00(-U)',TNCY SECU70 "? (1) The letter of credit required to be dcpc::.it.nd with ti ii pursuant to the provisions of section 15, above, may only b terminated or cancelled by the owner after the Municipal Occupancy Permit for the last residcni ;i al building or part thereof to be constructed on these ] Lvn : has been issood V, the Town. (2) Notwithstanding the provisions of su1_,. cti_on ], the 01mc may, from time to time, apc>_ly to tho '!', .1n Trear rarer fc,r reduction in the amount of the letter o[ credit refor-ed Co in subsection 1, as Municipal occupancy Pci-miis; Ar Anion. - 1.6 - PART - PARRS t. TYPES 29. PROVISION OF PARM7771) (1) The Parties acl_nowled o that, in iD2 dedicaLhon of wyL laml for the owner's subdivisions rcUi..tered as Plans M-3057, M- 1058 and M-1059, the Owner dedicated a surplus of 2.90 acres. (2) The Parties further achnowledge that. 0.5E [ores and 0.472 acres of that 2.995 acre surplus co; stituted the park.l n"?! dedications required for the owner's subdiv 0 ons regir tared as Plans M-1165 and 11-1206, respectively. (3) It is hereby agreed by the Parties that a further 0.576 acres of that 2.995 acre surplus shall constitute the part l; nd deil-- icati.on required for the devel.opr:nt of the nubdivisla, of the lards aff acted by this Agreement. (4) It is hereby acVnowle0ged by the Parties t.n"L, as of the dale"' of this Agrewv %nL, the not surplus of parK a nd ccciic,_ Pa by the Owner to the Town for the owner's subdl vi s.i.onq rcq i_; i ere0 as Plans I-1057, M-105; and M-1059 is 1.351 acres. 30. FENCING (1) The Owner chal.1 erect., upon the completion of final lot grad- ing and seeding or s'GoAdiSi j the .kinds in the su>aivisl un, (a) a. permanent fence of nine (5) gauge, gplvanized sip"]. link fencing, having 0.05 metre mesh, (i) 1.8 metres high, alone; the boundary of the sub- division adjacent to Blocks 70, 21 and 31; (ii) 1.8 rntrc; high, along tho eauturl.y and v s'.-M, bound&ri.es of Block 22; (iii) 1,2 metres high, along the bou"ODry of tie suh - divi.sion adjacent to Blocks 32 and 33; on(! (b) a permanent fence of nine and threc equortor (9-3/4) gauge, mile (9) strand, galvanized sLwal farm Q ._'.9, 1.22 metres high, having Pao;: mnm 0.10 r 0.40 mcl -u Pies'; along the northerly boundary of the suMvision & jacc:: to, 1. Blocks 20, 26, 27, 29 and 30; 2. Lot S. (2) The fencing required to be constructed purru,ait to cl.<rz" (a) of subsection (1), above, shall ba constructed no a5 M mac, or exceed the requires-:=nts for swimming pc! enc1_orp ca set out in Part 11 of the Tcrvm' s hy-'Jaw 425/7 E, as from time to time, or any successor thereto. (3) If so required by the Town's Director of Public Works, the owner shall further erect, at the time the fencing referred to in subsection (1) is erecipl, vehicle barriers on or now, Block n 29 and 30; such barriers to be constructed in accoyd_ ,_a W Q specifications therefor and to the sat:isfacCion of rhl Director of Public ?corks. (4) Notwithstanding the provisions of subclause (iii) of clause (a) of subsection (1), above, no fence shall be required to be erected on those portions of Blocks 32 and 33 that are immediately adjacent to the actual front yards of any of Lots 7, 15 and 19. - 17 - PART 5 - PARKS PREFS (Coot' ii) 30 31 32 33 Fi,;MCING (Cone' d) (5) Notwithstanding the provisions of clause (b) of suL::_cAon (1), above, no fence shall be required to be orectud a! tb-? locations indicated therein if the lands i.mmedialcliv Po th c.. those locations are lr"Ier active df.;'91op]:i nt or hav L: developed the time 'cite fence would ot.lil:t_wiLv to be eroct,j. DRAINAGE ONTO OPEN' SPACE/PAR U AND (1) The owner shall ensure that the lands wit.h.in the q. 11 vi5i 3: do not drain surface run-off ;cater onto Town oc.nc:d pD-_klz _A, open space or walk?•r<.i'::. (2) V'? ore this is not possible, the Owner :hill insLAT b.-:.IV the parkland, open space or walkways, as the coop toy in, = a distance no greater than six (6) metros from the pronor:-" line, suitah2e swales and catch bas.'._D! to sdequatn3y in thn opinion of the Director of Paris and Recleat?_n, t.tJ'_ surface run-off water, draining onto the prrkln.- . upcn or walkways from the lands within the subdivisic.. LANDSCAPE PLANNING (1) The Owner agrees that prior to the issuance of buil.d:ng yon- mits for any of the units to be erected on the lands, it shall submit a landscaping plan for all of the lots and blocks on the plan to the Town for approval. (2) The owner further agrees that upon appynval by the To%. o: a landscaping p.+-an, the lanucc_?pi_nn wosAn ahcn n cn th- ar shall b< eonstructcd, instal-1 d or plcn cu, as the - . . .- be, in conformance with the landscaping plan acvDYu- ing to 0, time limits set out in Schedule "A". TR7 1 PL: %1TTN(7 (1) The Owner shall plant on the lands, trees; of a ping, hupA:I and type acceptable to the Town. (2) A schedule of the 0vier' s troo planting cchwmo ?h: ! ! A^ approved by the Director of Pla n: ing prior to the P:.-[-'i L:i-ny any trees. (3) A list of acceptable tree species and Lz.zc_ will 42 p_oviCs i. (4) The trees approved by the Town ;,hall be ; l r r.tc '_)y 'the Ga:: er no more than six (G) months after final grn,_ii_ng is dona in the specified area. (5) (i) The Owner shall provide at least one (1) trna per residential unit: in the subdivision. (ii) Where the density is too great to enable this quota to be met, the Owner shall- provide .50 per unit- ni t-rap planting in a public land area within the ccmnunity in which the plan is located. - 18 - PART `i - PRP.KS k TP?;W (WhW d) 34. THEli PRES,!MV7ITIO;I (1) The Owner agrees to retain, expert in order to determine shall be preserved. at As own emponvo, a gon!Afia'l which of the existing Ocos (2) The afocmentioned qualified cnprrt shall pIr]?are r Preservation Program, which vrugrom :;hall to nuh^,il_ aK to W-' Director of Planning and shall not be put into cficuL until it has received the approval oi_' the Director of PIThaing. (3) In determining whether or not to approve the 'Free Pic,serva-- tion Program; the Director shall be gov;v ned by the 'i' n,n Trce Preservation Guidelines in effect as a! tie date he- - 19 - PART G - GIMT;RAT, P'20VISIl ?i`1 35. hICP;N'"i'r0 hNTI;l2 The Owner agre s with the Town to retain a licence frn;n ray n">- snquent purchaser of the aforesaid lands to enter upon such land; in order to comply with the provisions of this AgreemOnt. 3G. C;NCfTOATION OF AGREEMENT In the event. the plan of subdivision is not registered on or hpfvrc, Febru?try 26th, 1982, the Town may, at its option on one month's notice to the Owner, declare this Agreement to he null r.nd voice. 37. NO 1 Y t, Any 7.otice required to be given hereunder m'y bp o,.ivcn by rep; istel ad mail Lodressed to the oiler Party at its principal plan- of. busil!:'- q and shall be efFeckive an Cif the cocond day 1 TIC"a":ii.ini&y foll.c.,inq the dace of the deposit thereof in Me Pont MEicu. 38. I-,NC[7i'i]RI.1V% R?> The Lncumbrancerc agree with the Town that this Agreement shall havr, priority ovor and tr,ke preccdonce over any right, affected hercl,y, whether: or not any such right or interest was established or arose prior to the date hereof and whether or not such right or intayest is set out in or arises by virtue of any instrument or doci. ent registered on title to the lands affected here'.;, or any part: cif them, prior to the registration of this Agrnuwen! . 39. IN'I,':I litl".7 'i 1:0;.7 (1) whenever in this Agreement the word "Owner" and the pyonoun "it" is a-od, it shall be read air^. construed as "Caner oi [lwnQ]'.S and "his", her or tl]Cit_ rC°m•c Ct I_V olr, n and M,, nnmber oi' C.ho verb agreeing i?-rc:wjth PhOl_ be ccnb&ueci acccrd:i.ngly. (2) she provisions in Schedules "A" and "D° attached hov..,_o rhal,l form port of this Agrecmunt. do. Tit. UPI! be ON the e5r, roe of this Agreer... -nt. 41. BINDING PARTIES This Agreement and everything herein contained shall enure to the bone fit of and Ion hi.ndir.9 upon the Parties he:retc7, their succe:..-?,?. anc.i aa;;:i.gns;. IN WITNESS WnEREOF, the said Parties have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in - 20 - PART F - C;F,NEP'.1, PT?OVUT0N-, ((?'?:nli,' d) that behalf fully authorized. SIGi:F:D, SEALED i DELIVPPI.:D BRPYIALEA LIMITED President - ----- _^.-._- ..._._ ..-_._.- .._ - .-_..-- ___-. ViceYie-s?_der.c THB CORPO7'7,,TION OF 1T1'3'; TO?TN OF P]:Ci: '1!G N,ayor - Cler;; Vice i'J e-, derrL ViccrYiesid?nt i'`1'. 1 i1I; - n 1. TIME LIMIT FOR NORK & GUAP 71T: T FOR '( 'iCM1' SN I P & "V nP r (1) Save as herein otberwisc provided, the Owner agree..=, i_ " co.r- plete the works required under this Agreement within the time limits specifie d in Qw Table set out LVIO U a nd to - _. _.^-.nt02 the workmanship and mate rials for a period of two (2) -oars from the date t hat the .; -yid wor%s ere approve d in w?i n`__,g by the Director of Public U orks, the D.irecl or of Parks r ec- reatior., or the Director of Pla "inq, as W c : ,e k % „_.. (2) Any works other than that sneci.fi.celly provi6nd for iii One Table shall be completed within she time limit prov.':a0 pox: therein for aboveground :services. Table Works T_i.rO 730011; for C'unn7 r (a) Under y0nC', one ynor from ihQ Oat- services rcy i.strat.ion of the _., plan of subctivjsii_GEl (b) P.hoveground Two years from tbn d-n" - "T h-. swrviccs ro lis.trntio , of i',.._ 51 plan of su1n000. 11 2. TEMPORARY TURNIN C7 ZirU:53 Notwithstanding the provisions of sections 6, 7 and 8 of U ; Agreement, the Owner shall construct, if required by the loran's Director of Public Works, at the Owner's sole expense anti to the Town's specifications, a temporary turning circle at the northarlp ends of Stonepath Circle and Aspen Road, which shall be removed and replaced with permanent services at the Owner's erponsc,, when the roads are extended. 3. DEMOLITION 07 EUS INO BUTLDTNQ5 All structures on the lanes comprising the plan of subdivi-:.ion shall be demolAhod 1)v the Ore:per, at its sole czyc"se, pr-or to the issuance of any building permit. 4. V7ALYWAY TREATMENT The Owner agrees to con_:truc; waJRwnv b?-`wc Pn il;e curb c ucn, path Circle adjacent to U1ock 28 and the 9idown1k on stro Ia.r:, along the fall length of the ?\:a)kway desi.gnrtod es !Q.oc): across the full wi6ih thereof, according to the specific:c,c??ovn o` the Town and to maintain such walkway untl_) it is formally _.;:CQp d by the Town. 5. TOWNHOUSE BLOCKS (1) The Omer hereby agrees to develop Blocks 20, 21, 22, 23, 24 and 25 for single attac;,ect townihouse units only. (2) Block 20 shall. ),p develoucd only in conjunction with thnno kinds designated as Block E on Draft Plan of ;ubdivisica 18T-- 76036(R). 6. ITTURB DVIV1:LOP11FNT 13T,pC.GS }31or.};s 26 quid 27 shaI1. he Cleve.loped on.1y _in con juncL-z_on *,•.ii-!: t,ic:? lands desic.--ated as Blocks 1' and G on ].,raft Plan of SulAlivie;j.on 18T--70036 (R) . SC111:DIILE, ?1i" J, ITii.ITS' P?-11L/cal :;1.'n?? 1i, co'"i'r?i :P (1) The O.rmcr shall construct within the Town ustr_ial or comaarcial buil.dingn having not less than 4, 366 square metres, and 1,. (industrial) - 60 (residential) ratio, sh thereLy to 47 credits upon which the samo tial building unit peymiis may La issued. of Pickering, ind KOM Acor ..,rep 0-' Cd on tll_' T010, s C 11 Le on H Und numbor of resider - (2) The rewired industrial or commorc_ial W30i_ng3 shall W completed before December 31st, 1984. (3) If, on the 1st day of January in any year from, after and including 1935, the required indnKtrial or commercIA buijo- ings have not been constructed, then com"anctng in 19135, tl.^ Owner shall pay annually to tlla Town on the 15th d.r ` Jar.. uary in each year, liquidated Qnngcs in L'ho .-count o $350 for every 92.9 square metres on part thoreof of the require : industrial or cai?ai.'erclp .l buil&i. ; not r. Gi'.CL1 :]Ct- C; Oil azcl, January ?:>t. (4) The Owner shall leave deposito ? with the Town, its p?r?'or?-: "- guarC_ntoe in the amount of $82,250 to goarnntee t.ho cads! tory ce :q3 et_i_on of the required i_ndu .Lri. vJ_ or co rci nl buildings on or befoxe the date set out A suba'.eW io;. (2), above, and to secure the payment of any lic:uidate'l <1.a nag, that may become payable u.der su a cti.on (3), above.