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HomeMy WebLinkAboutBy-law 1285/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1285/81 Being a By-Law to authorize the execution of a Subdivision Agreement between The Hurlstone Development Corporation and the Corporation of the Town of Pickering respecting the devel- opment of Draft Plan 18T-78092 in Part Lot 28, Concession 1, Pickering. WHEREAS, The Hurlstone Development Corporation proposes to subdivide and register a plan of subdivision of Part of Lot 28, Concession 1, Pickering (Draft Plan 18T-78092); 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 The Hurlstone Development Corporation and the Corpor- ation 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 The Hurlstone Development Corporation respecting the subdivision of Part of Lot 28, Concession 1, Pickering (Draft Plan 18T-78092). BY-LAW read a first, second and third time and finally passed this 4th day of May , 1981. r rMayor Clerk 1?;;tw't4 d t0 iv iU; 16 SCHEDULE "A" to By-law 1285/81 THIS AGREEMENT made in triplicate this 4th day of May, 1981. B E T W E E N THE HURLSTONE DEVELOPMENT CORPORATION hereinafter called the "Owner" OF THE FIRST PART, - and - CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - n OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide certain parts of Lot 28, Concession 1, in the Town of Pickering in the Regional Municipality of Durham, and with the consent of the Encumbrancers, to register a plan of subdivision of those lands, as shown on a draft plan of subdivision prepared by Marshall, Macklin, Monaghan, Ontario Land Surveyors, dated July, 1979, as revised, designated as Draft Plan Number 18T-78092; and WHEREAS, the Encumbrancers have certain rights or interests in the nature of encumbrancers relating to the lands affected hereby; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the said proposed plan of subdivision, and the covenants 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 - 3 - PART 2 - SERVICES 2. OWNER'S GENERAL UNDERTAKING The Owner agrees to complete at its own expense and in a good work- manlike manner, for the Town, all the municipal services as herein- after 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 neces- sary 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 accord- ing 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 accep- ted 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 loca- tions 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 of the system acceptance of (5) No connection or authorized system by the connect or authorize connection into any part but such connection shall not constitute the sewer system by the Town. under subsection 4, above, shall be undertaken prior to preliminary acceptance of the sewer Town except in an emergency. - 4 - PART 2 - SERVICES (Cont'd) 5. ROADS - ROUGH GRADE (1) Prier 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 allowances shown on the plan of subdivi- sion. (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 utilities. 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 Town 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 outside 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 specifications of the Town in effect at the date hereof and to maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a driveway, the Owner shall construct a curb depression in the correct location and fill in the orig- inal curb depression according to the said specifications. PART 2 - SERVICES (Cont'd) 8. SIDEWALKS The Owner agrees to construct a sidewalk, (a) on the south side of New Street; (b) on the south side of Woodruff Crescent; (c) on the west side of the north-south portion and the north side of the east-west portion of Stonepath Circle; (d) on both sides of Aspen Road; (e) on both sides of Una Road; and (f) on the east side of White's Road adjacent to the plan of subdivision; according to the specifications of the Town in effect at the date hereof and to maintain them until they are formally accepted by the Town. 11 - 6 - PART 2 - SERVICES (Cont' d; 9. 10 11 UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING (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 inszection of Pickering Hydro-Electric Commission and Pickering Cable TV Limited, as the case may be. INSPECTION OF 117ORK (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 to in subsection (1), above, may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. LIABILITY INSURANCE (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 Town, 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) rays of the account therefor being rendered by the iown. (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 pro- vided by the Liability Insurance Policy shall not lapse. - 7 - PART 2 - SERVICES (Cont'd) 12. PERFORMANCE & 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 Works 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 and "maintenance security may, at the option of the Owner, be made up of cash or irrevocable letter of credit. (3) The Owner may, from time to time, apply for a reduction in the cash or letter of credit and such application shall be made to the Town Treasurer. (4) Upon written verification from the Director of Public Works that the services for which reduction is being sought have 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 the balance of the security shall be returned to the Owner subject to any deductions for maintenance purposes. (S) Upon the approval, if any, of a reduction in the amount of a security required to be provided in subsection 1, the 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 commence- ment of the development of the plan of subdivision, with a Grading Control Plan prepared by the Owner's Consultina Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdiv- ision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement and is subject to the approval of the Director of Public Works. (3) The grading of all lands shall be carried out by the Owner in accordance with the Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (4) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner agrees to cor- rect them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. - a - PART 2 - STIRVICES (Cunt' d) 13. DRAINAGE - SODDING (Cont'd) (5) The Owner agrees to sod the front, side and rear yards of each of the lots except for paved, planted or treed areas, upon the completion of the construction of buildings there- on. 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 speci- fied time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the com- pletion, or unreasonably delay the same so that the condi- tions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be re- jected by the Director of Public Works as defective or un- suitable, 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, then 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 cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the owner shall be forthwith notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) it is understood and agreed that such costs shall include a management fee of twenty per cent (200) of the labour and material value, and further, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 15. DEDICATIONS The Owner 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 registra- tion of the final plan, the lands indicated in Column I of the following Table to the respective authority named in Column II of the Table: 1 - 9 - PART 2 - SERVICES (Cont'd) 15. DEDICATIONS (Cont'd) Column I Column II Stonepath Circle Aspen Road New Street Una Road Woodruff Crescent The Corporation of the Town of Pickering The Corporation of the Town of Pickering The Corporation of the Town of Pickering The Corporation of the Town of Pickering The Corporation of the Town of Pickering 16. TRANSFERS - CONVEYANCES 1. The Owner shall convey free and clean of all encumbrances, at no cost to the Grantee, upon the registration of the plan or within thirty (30) days immediately following the registration of the final plan, the lands indicated in Column I of the following Table to the respective authority named in Column IT of the Table: Column I Block 62 (Road Widening - White's Road) Block 61 (Reserve - White's Road) Block 63 (Reserve - Woodruff Crescent) Block 64 (Reserve - Aspen Road) Block 65 (Reserve - Stonepath Circle) Block 66 (Reserve - New Street-) rl ,,m» TT The Regional Municipality of Durham The Regional Municipality of Durham The Corporation of the Town of Pickering The Corporation of the Town of Pickering The Corporation of the Town of Pickering The Corporation of the Town of Pickering - 10 - PART 2 - SERVICES (Cont'd) 16. TRANSFFAZS - CONVEYANCE'S (Cont'd) (2) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in place prior to the date of this Agreement. 17. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director 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 outside its boundaries. (2) Such easement shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or ease- ments shall not commence until the easement has been acquired, unless permisr;ion to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. 18. STREET NAMING The Owner shall name, on the final plan, the streets indicated in Column I of the following Table, with the respective names set out in Column II of the Table: Column I Column IT Street forming north boundary of subdivision New Street Street running north from Block 64 to New Street Street running north and east from Block 65 to Aspen Road Street running west from Block U-1, Plan M-1058 to Aspen Road Street running west from Block 63 to Aspen Road Aspen Road Stonepath Circle Una Road Woodruff Crescent 19. SERVICE CAPACITY This Agreement shall. be subject to satisfactory arrangements with the Municipality of Durham with respect sewage treatment plait capacity and development. the Owner entering into Town and the Regional to the allocation of water capacity for the - i_ .1. .. PART 2 - SERVICES (Cont'd) 20. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and side- walk, or, where no sidewalk is to be provided, between 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, includ- ing adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, other than the actual construction of roads in the plan of subdivi- sion without the written consent of the authority responsible for such lands. (ii) On request., to supply the Token with an acknowledge- ment from such authority of the Owner's compliance with the 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 traffic serv- ing the development of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) Qualitative or Quantitative Tests The Director bf Public Works may have qualitative or quan- titative tests made of any materials which have been or are proposed to be used in the construction of any services re- quired by this Agreement, and the cost of such tests shall be 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 services and utilities caused by the subdivision work within thirty (30) days of the account for same being ren- dered by the Town. (ii) Similarly to nay the cost of moving any services or utilities installed under this Agreement in drive- ways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (g) Specifications Unless otherwise provided, to perform any `.cork regnired to be done under this Agreement to the specifications of the Town in effect at the date hereof. - 12 -- PART 2 - SERVICES (Cont'd) 20. GENERAL PROVISIONS - SERVICES (Cont'd) (h) Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designated by the Director of Public Works. (i) Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such loca- tions as may be designated by the Director of Public Works. (j) Engineering Drawi.n s Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivision, with amendments, if any, noted thereon. (k) Snow Plowing & Sanding of Roads if, in the opinion of the Director of Public Works, the condition of the road surface is not acceptable for winter control, to snow plow and sand such roads from such occupied buildings to existing Town roads or to subdivision roads that receive the Town's winter control service, including alternate means of access where available. Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. (1) Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. - 13 - ART 3 - CONSTRUCT:ON & OCCUPANCY 01h' BUILDINGS 2' TRUCTION & OCCUPANCY" OF BUILDINGS (1) The Owner agrees that no building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (2) The Owner further agrees that no building or part of a building 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 of a building shall be made except upon the following conditions: (i) Sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric service is completed and in operation; (iii) An asphalt base has been laid on the road immed- iately in front of the building or part thereof and extended to an existing maintained public road; and (iv) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been constructed on the.said road and extend to an existing maintained public road. (4) (a) The Owner agrees with the Town that should any building or part thereof in the plan of subdivision be occupied without the prior issuance of a municipal occupancy permit., then in that event, the Owner shall pay to the Town, the sum of $1,500 for each building or part thereof so occupied as liquidated damages therefor. (b) The issuance by the Town of municipal occupancy permits for each and every building on any lot or block in the plan of subdivision shall be deemed to be a release from the provisions of this subsection with respect to that lot or block. (5) The Owner further covenants and agrees to maintain vehicular access to all occupied buildings in the plan of subdivision, until the roads are formally assumed by the Town, and further agrees to obtain similar covenants from any subsequent owner of any of the lands in the said plan. 22. TIME LIMIT FOR CONSTRUCTION The Owner agrees to construct or cause to be constructed, fifty-seven (57) housing units, forty-nine (49) of which shall be completed within two (2) years of the date of registration of the plan, and eight (8) of which shall be completed within two (2) years of the commencement of Phase 2 of the plan. - 14 - PART 3 - CONSTRUCTION & OCCUPANCY OF RUILDINGS (Cont'd) 23. DESIGN PLANNING (1) (a) The owner agrees that, prior to the issuance of, any building permit for the construction of any residen- tial unit on the lands, it shall submit to the T'own's Director of Planning, for approval, a report outlin- ing siting and architectural design objectives for the subdivision. (b) This report may be required, at the Director's option, to provide the following information: (i) house massing; (ii) streetscape; (iii) exterior materials and colours; (iv) architectural style;' (v) visual variety; (vi) energy conservation measures; and (vii) any other data or information required. (2) (a) The owner further agrees that, prior to the issuance n of any building permit for the construction of a res- idential unit to be erected on the lands, it shall submit to the Director, for approval, site plans and architectural drawings for that unit. (b) These plans and drawings may be required, at the Director's option, to provide the following informa- tion: (i) the location of all buildings and structures to be erected and the location of all facil- ities and works associated therewith; (ii) the location of landscaping features, includ- ing trees to be preserved; (iii) streetscape for front and rear elevation at a scale acceptable to the Director; (iv) streetscape to show all street furniture and vegetation; (v) the relationship of buildings by blocks; and (vi) any other data or information required. - 13 - PART 4 - FINANCIAL t9ATTER.7 24. FINANCIAL PAYMENTS (1) The owner agrees to pay to amount- of $1,500 per unit, which a building permit is (2) No building permit shall b unless payment of the unit advance of the issuance of such dwelling unit. the Town a unit levy in the for each dwelling unit for received, issued for any dwelling unit levy shall have been made in such permit with respect to (3) Payments of such levies shall be made to the Town from time to time as building permits are required. (4) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than eighteen (18) months from the date of registration of the plan. (5) A letter from the Clerk of the Town advising that the unit levy has been paid shall be deemed to be a release of this section for the lands referred to in the said letter. 25. LETTER OF CREDIT The owner shall, immediately prior to the registration of the plan, deposit with the Town, an irrevocable bank letter of credit payable to the Town, in a form satisfactory to the Town., for the sum of $ 85,500 as security for: (a) the payments referred to in section 24 hereof; and (b) the payment of liquidated damages referred to in subsec- tion (4) of section 21 hereof. 26. GENERAL PROVISIONS - FINANCIAL MATTERS The owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the said plan of subdivision, as required by law from time to time. (b) Local Improvements Prior to the release of the plan for registration, to pre- pay any outstanding local improvement charges which are levied against any of the lands in the said plan of subdi- vision. (c) Interest To pay interest at the rate of eighteen per cent (183) per annum to the Taman on all sums of money payable herein which are not paid on the due dates calculated from such due dates. - lu - PART 4 - FINANCIAL MATTERS (rcn'4-'d) 26. GENERAL PROVISIONS - FINANCIAL 1,IATTERS (Cont'd) (d) Registration Fees 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. (e) Lien or Other Claims upon applying for financial acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except nor- mal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the owner in connection with the subdivision, or if such claims do exist, the Owner agrees to indemnify the Town against any claims, actions or demands for mechanics' liens or otherwise and all costs in connection therewith. 27. EXPIRY OF SECURITIES (1) The Owner further agrees that should any security required to be,given under the terms of this Agreement expire during the currency of the Agreement, the Owner shall provide to the Town at least thirty (30) days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring secur- ity into cash and hold the cash in lieu of and for the same purposes as any further security. 28. TERMINATION OF LPVY/OCCUPANCY SECURITY (1) The letter of credit required to be deposited with the Town pursuant to the provisions of section 25, above, may only be terminated or cancelled by the Owner after the Municipal Occupancy Permit- for the last residential build- ing or part thereof to be constructed on these lands has been issued by the Town. (2) Notwithstanding the provisions of subsection 1, the Oom er may, from time to time, apply to the Town Treasurer for a reduction in the amount of the letter of credit referred to in subsection 1, as municipal Occupancy Permits are issued. -- 17 - PART 5 - PARKS & TREES 29. PROVISION OF PARKLAND (1) The Parties acknowledge that, in the dedication of parkland for the subdivision designated as Draft Plan 18T-79068, the Owner or related companies dedicated a surplus of 0.9864 hectares. (2) It is hereby agreed by the Parties that 0.2826 hectares of that 0.9864 hectare surplus shall constitute the parkland dedication required for the development of the subdivision of the lands affected by this Agreement. 30. FENCING (1) The Owner shall erect, upon the completion of final lot grading and seeding or sodding the lands in the subdivision, (a) a permanent fence of nine (9) guage, galvanized steel link fencing, having 0.05 metre mesh, 1.8 metres high, along the westerly boundary of the subdivision adjacent to Lot 1 and Lots 18 - 28, inclusive; and (b) a permanent fence of nine and three quarter (9-3/4) guage, nine (9) strand, galvanized steel farm fence, 1.22 metres high, having maximum 0.10 x 0.40 metre mesh along the northerly boundary of the subdivision adjacent to Block 66. (2) The fencing required to be constructed pursuant to clause (a) of subsection (1), above, shall be constructed so as to meet or exceed the requirements for swimming pool enclosures as set out in Part II of the Town's By-law 425/76, as amended from time to time, or any successor thereto. (3) Notwithstanding the provisions of clause (b) of subsection (1), above, no fence shall be required to be erected at the location indicated therein if the lands immediately north of that location is under active development or has been developed at the time the fence would otherwise be required to be erected. 31. DRAINAGE ONTO OPEN SPACE/PARKLAND (1) The Owner shall ensure that the lands within the subdivision do not drain surface run-off water onto Town owned parkland, open space or walkways. (2) where this is not possible, the Owner shall install within the parkland, open space or walkways, as the case may be, at a distance no greater than six (6) metres from the property line, suitable swales and catch basins to adequately manage, in the opinion of the Director of Parks and Recre- ation, all surface run-off water, draining onto the parkland open space or walkways from the lands within the subdivision. PART -5 - PARES & TREES (Cont'd) 32. LANDSCAPE PLANNINr (1) The Owner agrees that prior to the.issuance of building permits 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 approval by the Town of a landscaping plan, the landscaping works shown on the plan shall be constructed, installed or planted, as the case may be, in conformance with the landscaping plan according to the time limits set out in Schedule "A" 33. TREE PLANTING (1) The Owner shall plant on the lands, trees of a size, number and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. (3) A list of acceptable tree species and sizes will be provided. (4) The trees approved by the Town shall be planted by the Owner no more than six (6) months after final grading is done in the specified area. (5) (i) The Owner shall provide at least one (1) tree 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 for tree planting in a public land area within the community in which the plan is located. 34. TREE PRESERVATION (1) The owner agrees to retain, at its own expense, a qualified expert in order to determine which of the existing trees shall be preserved. (2) The aforementioned qualified expert shall prepare a Tree Preservation Program, which program shall be submitted to the Directorof Planning and shall not be put into effect until it has received the approval of the Di-rector of Planning. (3) In determining whether or not to approve the Tree Preser- vation Program, the Director shall be governed by the Town Tree Preservation Guidelines in effect as at the date hereof. - 19 - PART 6 - GENERAL PP,OVISIONS 35. LICENCE-TO ENTER The Owner agrees with the Town to retain a licence from any subsequent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. 36. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not reqistered on or before December 31st, 1982, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void. 37. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. 38. ENCUMBRANCERS The Encumbrancers agree with the Town that this Agreement shall have priority over and take precedence over any rights or interests of the Encumbrancers affected hereby, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. 39. INTERPRETATION (1) Whenever in this Agreement the word "Owner" and the pronoun "it" is used, it shall be -read and construed as "Owner or owners" and "his", "her" or "their", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) The provisions in Schedules "A" and "B" attached hereto shall form part of this Agreement. 40. TIME Time shall be of the essence of this Agreement. L O - PART 6 GENERAL PROVISIONS (Cont'd) 41. BINDING PAP.TIF.S This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED THE HURLSTONE DEVELOPMENT CORPORATION President Vice-President THE CORPORATION OF THE TOWN OF PICKERING SCHEDULE "A" 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATT (1) Save as herein otherwise prcvided, the Owner agrt• o complete the works required under this Agreement iin the time limits specified in the Table set out bf. and to guarantee the workmanship and materials f( period of two (2) years from the date that the s?. works are approved in writing by the Director of :.iblic Works, the Director of Parks and Recreation, or t!-_e Director of Planning, as the case may be. (2) Any works other than that specifically provided for in the Table shall be completed within the time limit provided for therein for aboveground services. TABLE Works (a) Underground Services - Phase 1 (b) Aboveground Services - Phase 1 (c) Underground Services - Phase 2 (d) Aboveground Services - Phase 2 2. 3. TEMPORARY TURNING CIRCLES Time Limit for Completion One year from the date of the registration of the final plan of subdivision Two years from the date of the registration of the final plan of subdivision one year from the date that Block 66 is dedicated as public highway Two years from the date that Block 66 is dedicated as public highway Notwithstanding the provisions of sections 6, 7 and 8 of this Agreement, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle at the northerly end of Aspen Road and at the southerly end of Stonepath Circle, which shall be removed and replaced with permanent services at the Owner's expense, when the roads are extended. DEMOLITION OF EXISTING BUILDINGS All structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 4. FUTURE DEVELOPMENT BLOCKS Blocks 58, 59 and 60 shall be developed only in conjunction with Blocks 24 (A), 20 (B) and 21 (C) respectively on Draft Plan of Subdivision 18T-76036 as approved by the Council of the Town and the Minister of Housing, and after amendment to this Agreement. SCHEDULE "C" 1. PHASING (1) It is acknowledged and agreed that, subject to the approval of the Regional Municipality of Durham, the Owner may develop the plan of suhdivision in two phases, as follows: Phase 1 - Aspen Road, Stonepath Circle, Una Road, Woodruff Crescent and all lots fronting thereon; Phase 2 - New Street and all lots fronting thereon (2) The phasing of the development shall not include the phas- ing of the registration of the plan but be limited to the phasing of the construction of services and buildings. (3) (a) The First Phase of the plan shall be commenced on or before December 31st, 1982. (b) The Second Phase of the plan shall be commenced within one year of the Town directing such commencement. (4) The provisions of the sections set out in the following Table shall be applicable to both Phases but shall only take effect with respect to Phase 2 upon the commencement of that Phase. Table Sections 4, 5, 6, 7, 8, 9, 12, 13, 20, 23, 24, 30, 31, 32 and 33. (5) The provisions of section 25 shall be applicable to both Phases but shall take effect so as to require the security to be provided as set out below: (a) $73,500 prior to the registration of the plan; and (b) a further $12,000 prior to the commencement of Phase Two. (6) The provisions of the sections set out in the following Table shall be applicable to both Phases and shall take effect upon the registration of this Agreement, subject to the provisions of section (5) of this section. Table Sections 1, 2, 3, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 25, 26, 27, 28, 29, 34, 35, 36, 37, 38, 39, 40 and 41 Schedule "A" - Sections 1, 2, 3 and 4 Schedule "B" - Section 1 Schedule "C" - Sections 1, 2 and 3 2. RESERVES REQUIRED AT PHASE LIMITS Notwithstanding the Pr-,-visions of section 16 of this Agreement, the Owner shall convey to the Town such temporary reserves as the Town's Director of Public Works deems necessary in order to protect dead ends and open sides of road allowances created as a result of the phased development of this plan. SCFIEDUl,F, "B" 1. INDUSTRIAL/COMM RCIAL COMPONF,NT The Town acknowledges that the Owner has constructed, within the Town of Pickering, industrial. or commercial buildings having a total floor area of not less than 5,295 square metres, and based onthe Town's 40 (industrial) - 60 (residential) ratio, is entitled thereby to 57 credits upon which the same number of residential building unit permits may be issued for con- struction in this plan. A