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HomeMy WebLinkAboutBy-law 1125/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1125/80 Being a By-Law to authorize the execution of a Subdivision Agreement between the Corporation of the Town of Pickering and Heldor Development Corporation Limited respecting Part Lot 22, Concession 2, Pickering (Part of Draft Plan 18T-79049) WHEREAS Heldor Development Corporation Limited proposes to subdivide and register part of a plan of subdivision of Part Lot 22, Concession 2, 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 Heldor Development Corporation 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 Heldor Development Corporation Limited respec- ting the subdivision of Part Lot 22, Conces- sion 2, Pickering (Part of Draft Plan 18T-79049). BY-LAW read a first, second and third time and finally passed this 16th day of June , 1980. Mayor r e- e ASTJR I11 L C:''L tr?Pll. SCHEDULE "A" to By-law 1125/80 THIS AGREEMENT made this day of , 1980. BETWEEN: HELDO_R _DEVELOPMENT CORPORATION 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 proposes to subdivide certain parts of Lot 22, Concession 2, 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, b:,ing part of a draft nIan of subdivision prep=,d by Marsha li, Macklin, .Monaghan Limited, O.L.S., dated May, 1979, anCi rc•ii.sed August 9th, 1:79, designated as Draft Plan Number 18T-79049; and WHEREAS, the Encumbrancers have certain rights or interests in the nature of encumbrances 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 I - PROPERTY DESCRIPTION 1. LAND AFFECTED The lands affected by this Agreement are: ALL AND SINGULAR that certain parcel or tract o£ 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, (Legal Description to be provided and to des- cribe only those lands in Phases 1 and 2, i.e. excluding holdings of Mid-Sheppard and those holdings of Heldor that are dependant upon development by Mid-Sheppard.) - 3 - PART 2 - SERVICES 2. OWNER'S GENERAL UNDERTAKING The Owner agrees to complete at its own ex- pense and in a good workmanlike manner, for the Town, all the municipal services as here- inafter 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 pro- vided for herein. 3. CONSULTING ENGINEERS The Owner agrees to retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engin- eering and generally supervise the work re- quired to be done for the development of the subdivision. 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 com- plete storm system including storm connections to the street line and catch basin leads to service all the lands on the said plan of subdivision and adjacent road allowances and to provide capacity for lands upstream of the 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 block- ages or debris from whatever cause until they are formally accepted by the Town. Such sewers shall be con- structcd to an outlet or outlets according to designs approved by the Director ci Public Works and shall be of sufficient size and depth and at locations either within or out- side the subdivision to service the subdivision and the aforementioned lands outside the subdivision, which in the opinion of the Director of Public Works, will require their use as trunk outlets. Should, in the - 4 - PART 2 - SFRV_i:CES (Cont'd) 4. STORM SEWERS (Cont'd) opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the subdi- vision, the owner may be required to carry out such works as are necessary tc provide adequate outlets. (2) The Town may connect or authorize con- nection into any part of the system but such connection shall not constitute final acceptance of the sewer system by the Town. (3) No connection under subsection 2 shall be undertaken or authorized prior to preliminary acceptance of the sewer system by the Town except in an emer- gency. 5. ROADS - ROUGH GRADE 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 allowance shown on the plan of subdivision. The Owner further agrees to keep all boulevards clear and free of mater- ials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. 6. ROADS - PA17ED The Owner agrees to construct the road 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 roa,?s as may be neces- sary to provide an a6equat:e access. The specifications for boule?ard cFrad.ing, side- walks and sodding shall apply to existing roads adjacent to the said plan of subdivi- sion. Tl;e Owner covenants and agrees that until assumption by the Town, it will main- tain and repair streets both witn.i_n and out- side the subdivision where construction has taken place or that are used by construction - r, PART 2 - SERVICLS (Cont'd) 6. ROADS - PAVED (Cone' d) traffic entering the subdivision and keep them clear of dust, refuse, rubbish, or other litter of all types. The Owner will erect and maintain adequate signs to warn all persons using the subdivision road that the maintenance of it has not been assumed by the Town from the time that it is opened until formal assumption by the Town. 7. CURBS & GUTTERS 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. 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 original curb depression ac- cording to the said specifications. $. SIDEWALKS The Owner agrees to construct a sidewalk to the spec- ifications of the Town in effect at the date hereof, on: (a) each side of Bridle Path Circle, Linwood Street, Parkdale Street and Redwood Lane; (b) the westerly side of Grovedale Court from Parkdale Street to a point adjacent to the easterly end of the northerly lot line of Lot 47; and (c) the north side of Finch Avenue adjacent to the plan of subdivision, and to maintain them until they are formally accepted by the Town. - G - PART 2 - SF.RVICIIS (Cont'd) 9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHT N G Underground electric distribution and cable television services shall be provided for all residential lots and blocks within the subdivision according to the standards and specifications of the appropriate authority. The Owner shall make such financial arrange- ments as may be required to ensure the con- struction of those services. 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. The light- ing shall be designed and installed in accor- dance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. The instal- lation of all works provided for in this clause shall be constructed under the super- vision and inspection of the appropriate authority. 10. INSPECTION OF WORK All works required to be constructed by the Owner shall be installed under the oLsei_va- tion of inspectors employed by the i'cwn and the Owner agrees to pay the costs incu red (Salaries and Expense) therefor within thir- ty (30) days of invoices being rendered. 11. LIABILITY INSURANCE 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, indeDini.fying 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 on the subdivision. The amount of -7- PART 2 - SERVICES (Cont'd) 11. LIABILITY INSURANCE (Cont'd) the said policy shall be $1,000,000. 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) days of the account there- for being rendered by the Town. 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. 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 form and amount satisfactorv to the Town 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. Such performance and maintenance security may, at the option of the Owner, be made up of cash or irrevocable letter of credit. The Ownei may, from time to time, apply for a reduction in the amount of the security and such application shall be made to the Town Manager. Upon written verification of the Director of Public Works that the services for which reduction is being sought have been satisfactorily completed, the Town Manager may reduce the amount of the security to any amount not less than ter, per cent (10%) of the original value, which ton 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 main- tenance purposes. (2) Upon the approval., if any, of a reduction in the amount of the security rec?s.ired to be provided in subsection 1, the Town Manager shall provide to the Owner any necessary assurances to effect the reduction. - 8 - PART 2 - SERVTCES (Cont'd) 13. DRAINAGE - SODDING (1) The Owner agrees to provide the Town, before commencing any of the work pro- vided for herein and prior to the com- mencement of the development of the subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage of all adjacent lands which drain through the said subdivi- sion. The said Grading Control Plan is to 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 Metropolitan Toronto and Region Conser- vation Authority. (2) The grading of all lands shall be car- ried out by the Owner in accordanc with such Grading Control, Plan under the supervision of the Clymer' s Con:;ul- ting Engineer. If, in the opinion cf the Director of Public Works, drainage problems occur prior to formal accept- ance of the subdivision by the Town, the Owner agrees to correct them by re-grading or by the construction of catch basins, swales or other struc- tures as may be necessary to correct such problems. (3) The owner agrees to sod the front, side and rear yards of each of the lots except for paved or planted areas, upon the completion of the construction of buildings thereon. 14. INCOMPLETED OR FAULTY WORK If, in the opinion of the Director of Public Works, the owner is not prosecuting or caus- ing to be prosecuted the work iu connection with this Agreement within the specified time, or in order that it may be completed witni.n the specified time, or is improperly porfoLm-- ing the work, or shall the Owner neglect or abandon it before the completion, or unreas- onably delay the same so that the conditions of this Agreement are being violated or care- lessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again per- form such work as may be rejected by the Direc- tor of Public Works as defective or unsuitable, or shall the owner in any other manner, in the - J PART 2 - SERVICES (COnt'd) 14 INCOMPLETED OR FAULTY WOU, (Cent'd) opinion of the Director of Public Works, make default in performance of the terms of this Agree- ment, 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 work=men as in his opinion shall be requi-ed for the proper completion of the said work at the cost and expense oil the Owner or his surety, or both. In cases of emergency, in the opinion of the Director of Public Works, s,,ich work may be done without prier notice but the Owner shall be forthwith notified. The cost of such work shall be calculated by the Director of Public Works whose de- cision shall be final. It. is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and further, a fee of thirty per cent (300) 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 licreby declared and agreed that the assuming by the Owner of the oblig- ations imposed by this paragraph is one of the con- siderations, without which the Town would not have executed this Agreement. 15. DEDICATIONS The Owner shall deducate- as public highway, upon the registration of the final plan, or convey, free and clear of all encumbrances, within the thirty (3O) days immediately following the registration of the final plan, the lands indicated in Colurm I of the following Table to the respective authority named in Column II of the Table: Column I Block 113 (Finch Avenue) Street "B" (Linwood Street) Street "C" (Parkdale Street and Redwood Lane) Street "D" (Bridle Path Circle) Court "E" (Grovedale Court) Column II 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 Pickerinc - 10 - PART 2 - SFRVIC'.°S (Cont'd) 16. 17 TRANSFERS - CONVEYANCES The Owner shall convey to the Town free and clear of all encumbrances, at no cost to the Town, upon the registration of the plan or within the thirty (30) days immediately following such registration, all reserves required by the Town at the ends of streets and along the open sides of road allow- ances. TRANSFERS - EASEMENTS The Owner shall arrange at no cost to the Town for granting to the Tom 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 development and across lands adjacent to the development but outside its boundaries. Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. The construc- tion of any services in such easement or ease- ments shall not commence until the easement has been acquired, unless permission 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 street indicated (by Draft Plan designation) in Column I of the following Table, with the name set out in Column II of the Table: Column I Street "B" Street "C" (East-west portion) Street "C" (North-south portion) Street "D" Court "E" Column II Linwood Street Parkdale Street Redwood Lane Bridle Path Circle Grovedale Court - 11 - PART 2 - SERVICES (Cont'd) 19. SERVICE CAPACITY This Agreement shali be subject to the Owner entering into satisfactor;l arrangements with the Town and the Regional Municipality of Durham with respect to the allocation of sew- age treatment plant capacity and water capa- city for the development. 20. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave the driveway approaches be- tween the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and the street line. (b) Ontario H d.ro Rights-of-'Nay In the event that a right-of-way of Ontario Hydro passes through or is immediately adjacent to the lands herein, to fence such right--of-way on both sides, or the adjacent side thereof, as the case may be, prior to developing the adjacent lands. The fence is to be of construction and design as may be approved by the Town. (c) Continuation of Existinq Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good workman- like manner. (d) Public Lands - Fill & Debris '.Co neither dump nor permit to be dumped, any fi;.1 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 subdivision without the written consent of the author- ity responsible for such lands. The Owner shall, on request, supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of this clause. The owner further agrees PART 2 - SERVICES (Cont'd) 20. GENERAL PROVISIONS - SERVICES (Cont'd) (d) Public Lands - Fill & Debris (Cont'd) that there shall be no burning of refuse or debris upon his lands or any public lands. (e) Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement and the cost of such tests shall be paid by the owner within thi-t.y (30) days of the account being rendered by the Town. (f) Relocation of Services 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 rendered by the Town. The Owner further agrees to similarly pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the dri vov,ay. (g) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (h) Temporary Signs To provide and erect at its own cost, temporary street signs at locations designated by the Director of Public Works to the specifications of the Town. (i) Permanent Signs To provide and erect at its own cost, permanent street signs at locaticn: des:Lg- nated by the Director of Public Works to the specifications of the Town. - 13 - PART 2 - SERVICES (Cont'd) 20. GENERAL PROVISIONS - SERVICES (Cont'd) (j) Engineering Drawings Prior to the subdivision, the original eering works with amendme thereon. final acceptance of the to supply the Town with drawings of the Engin- £or the subdivision, its, if any, noted (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 to him 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 de-3ms 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 sub- division by the Town, to supply a statement by an Ontario Land Sur- veyor that, after the completion of the subdivision work, he has found all standard iron bars as shown on the registered plan, and survey mon- uments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the regis- tered plan. - 14 - PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS 21. CONSTRUCTION & 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 ade- quate service. (2) The Owner further agrees that no build- ing or part of a building in the subdi- vision 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 build- ing 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; and (iii) Curbs have been constructed and an asphalt base laid on the road immediately in front of the building or part thereof and both extended to an exist- ing maintained public road. (4) The owner agrees with the Town that should any building or part thereof in the subdivision be occupied without the prior issuance of a municipal occ_q)F_ncy permit, then in that event, the Owner shall pay to the Town, the sum o $1,500 for each building or part thereof so occupied as liquidated damages therefor: The issuance by the Town of ;municipal occupancy permits for each and every building on any lot or block in the subdivision shall be deemed to be a. release from the provisionc 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 on the subdivision, until. the roads al'e forniall.y assumed by the Town, and further agrees to ob- tain similar covenants from any sub- sequent Owner of any of: the lands in the said subdivision., - 15 - 22. 23. PART 3 - CONS'TRUCT'ION & OCCUPANCY 01' BUILDINGS (Cont'd) TIME LIMIT FOR CONSTRUCTION The Owner agrees to construct or cause to be con- structed, one hundred and seven (107) housing units, all of which shall be completed within two (2) years of the date of rcgistrati_on of the plan. DESIGN PLANNING (1) 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 Director of Planning, for approval, a report outlining siting an.d architectural design objectives for the subdivision. This report may be required, at the Director's option., to provide the following information: (a) house massing; (b) st-reetsccpc; (c) exterior materials and colours; (d) architectural style: (e) visual variety; (f) energy conservation measures; and (g) any other data or information required. (2) The Owner further agrees that, prior to the issuance of any building permit for the construction of a residential unit to be erected on the lands, it shall submit to the Director, for approval, site plans and architectural drawings for that unit. These plans and drawings may be required, at the Director's option, to provide the, Poll-owin: in- formation: (a) the location of all buildings and structures to be erected and the location of all facil- ities and works associated therewith; (b) the location of landscaping features, including trees to be preserved; (c) streetscape for front and rear elevation at a scale acceptable to the Director; (d) streetscape to show all street furniture and vegetation; (e) the relationship of buildings by blocks; and (f) any other data or information required. - 16 - PART 4 - FINANCIAL MATTERS 24 25 26 FINANCIAL PAYMENTS The Owner agrees to pay to the Town, the sum of $1,500 for each dwelling unit for which a build- ing permit is received. No building permit shall be issued for any dwelling unit unless payment of the $1,500 per unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. Payments of such levies shall be made to the Town from time to time as building permits are required. In any event, the Owner shall pay all levies due under the provisions of this paragraph in full, no later than eighteen (18) months from the date of registration of the plan. A letter from the Clerk of the Town advising i-hat 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. LETTER OF CREDIT Tnc Owner shall, immediately prior to the reg- istration 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 $160,500 as security for: (a) the payments referred to in section 24 hereof, and (b) the payment of liquidated damages ref- erred to in subsection (4) of section 21 hereof. GENERAL PROVISIONS PINANCIAL MATTLRS The Owner igrces with the Town: (a) Taxes To pay the t:xr in full on all the lands included in the said plan of subdivision, as required by law from time to time. (b) I,ocal Improvements Prior to the release of the plan for registration, to prepay any outstand- ing local improvement charges which are levied again:,t any of the lands on the said plan of subdivision. - i7 _. PART 4 - FINANCIAL MATTERS (Cont'd) 26. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd) (c) Interest To pay interest at the rate of eight- een 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 due dates. (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 in- cluding transfers, in the Land Titles Office. (e) Lien or Other Claims upon applying for financial acceptances of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee hold- backs, 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 The Owner further agrees that should any letter of credit or bond required to be given under the terms of this Agreement expire during the currency of the Agreement, the Owner shall pro- vide to the Town at least thirty (30) days in advance of the expiry date of that letter of credit or bond, a further lette- of credit or bond, as the case may be, to take effect upon the expiry. Such further letter of credit or bond shall be to the satisfaction of the Town. Should no such further letter of credit or bond be provided as required, then the Town shall have the right to convert the expiring letter of credit or bon:: into cash and hold the cash in lieu of and for the same purposes as any further letter of credit or bond. - is .. PART 4 - FINANCInL D`A TERS (Cont'd) 28. TERMINATION OF LEVY/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 build- ing or part thereto to be construc- ted on these lands has been issued by the Town. (2) Notwithstanding the provisions of subsection 1, the Owner may, from time to time, apply to the Town Manager for a reduction in the amount of the letter of credit referred to in subsection 1, as Municipal Occupancy Permits are issued. (3) No application under subsection 2 shall be made for a reduction of less than $7,500, i.e. respecting less than 5 buildings, or parts thereof, for which Municipal Occu- pancy Permits have been issued. _. .15 _. PART 5 - PAitYS & TREES 29 30 PROVISION OF PAP.KI:AND Upon the registration of the final plan herein, (a) the caner shall pay to the Town the sum of $47.,940 and (b) the Owner shall convey, free and clear of all encumbrances, at no cost to the Town, Block 102, and the Town agrees to accept such payment and con- veyance for park purposes. 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) gauge, galvanized steel link fencing, hav- ing 0.05 metre mesh, W 1.8 metres high along the boundary of the subdivi- sion adjacent to Lots 10-15, inclusive and Block 102; (ii) 1.8 metres high along the easterly and southerly boundaries of Block 102 and the rear lot lines of Lots 15-21, inclusive, adjacent to Block 103; and (iii) 1.5 metres high along the northerly boundary of Block 108, and (b) a permanent fence of nine and three quarter (9-3/4) gauge, nine (9) strand, galvanized steel farm fence, 1.25 metres high, having maximum 0.10 x 0.40 metre mesh along the entire balance of the boundary of that part of Lho- plan of subdivision affected hereby. (2) The Owner shall further erect, at the time the fencing referred to in subsection (1), is erected, vehicle barriers, on all dead end reserves; such barriers to be constructed in accordance with specifications therefor and to the satisfaction of the Director of Public Wor7:s. (3) Prior to the sale of Lot 56 as an improved lot., the C,mer shall fence the said lot on the westerly, northerly and easterly sides, to the Town's satis- faction. 31. DRAINAGE ONTO OPEN SPACE/PARKLAND 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. [There this is not possible, the O:aner shall install within the park- land, open space or walkways, as the case may be, at a distance no grcri` .r than six (6) metres from the pro- perty line, suitable swales and catch basins to ade- quately manage, in the opinion - 20 - PART 5 - PARKS & TREES (Cont'd) 31. DRAINAGE ONTO OPEN SPACE/PARKLAND (Cont'd) of the Director of Parks and Recreation, all surface run-off water, draining onto the parkland, open space or walkways from the lands within the subdivision. 32. LANDSCAPE PLANNING 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. The Owner further agrees that upon approval by the Town of a landscaping plan, the land- scaping works shown on the plan shall be constructed, installed or planted, as the case may be, in conformance with the land- scaping 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. A schedule of the owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. A list of acceptable tree species and sizes will be provided. (2) 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. (3) (i) The Owner shall provide at least one (1) tree per res- idential unit in the subdi- vision. (ii) Where the density is too great to enable this quota to be met, the Owner shall provide $35 per unit for tree planting in a public land area within the com- munity in which the plan is located. - 21 - PART 5 - PARKS & TREES (Cont'd) 34. TREE PRESERVATION The Owner agrees to retain, at its own ex- pense, a qualified expert in order to deter- mine which of the existing trees shall be preserved. The aforementioned qualified expert shall prepare a Tree Preservation Program, which program. shall be submitted to the Director of Planning and shall not be put into effect until it has received the approval of the Director of Planning. In determining whether or not to approve the Tree Freservation Program, the Director shall be governed by the Town Tree Preser- vation guidelines in effect as at the date hereof. - 22 - PART 6 - GENERAL PROVISIONS 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 complete plan of subdivision is not registered on or before July 31, 1982 the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void with respect to any unregistered portion of the plan. 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. ENCU14BRANCERS The Encu'mbrancers agree with the Town that this Agreement shall have priority over and take precedence over any rights 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 stall be read and construed as "Owner. or. Owners" and "his", "her" - 23 - PART 6 - GENERAL PROVISIONS (Cont'd) 39. INTERPRETATION (Cont'd) or "their", respectively, and the number of the verb agreeing there- with 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 Agree- ment. 41. BINDING PARTIES This Agreement and everything herein con- tained 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 - 2 4 -- their proper officers in that behalf fully authorized. SIGNED, SEALED and DELIVERED HELDOR DEVELOPMENT CORPORATION LIMITED Per: Per: THE CORPORATION OF THE TOWN OF PICKERING r r Per: Per: SCUEDULE "A" 1 2 3. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Save as herein otherwise provided, the Owner agrees to complete the works required under this Agreement within the time limits specified in the Table set out below and to guarantee the workmanship and materials for a period of two (2) years from the date that the said works are approved in writing by the Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. Any work other than that specifically provided for in the Table shall be completed within the time limit pro- vided for therein for above-ground services. Table Works Time Limited for Completion (a) Underground One year from the date of the services registration of the final plan of subidivision (b) Aboveground Two years from the date of services the registration of the final plan of subdivision TEMPORARY TURNING CIRCLES 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 tem- porary turning circle at, (a) the westerly end of Linwood Street; and (b) the easterly end of Parkdale Street, each of which shall be removed and replaced with per- manent services at the Owner's expense, when the roads are extended. DEMOLITION OF EXISTING BUILDINGS All structureson 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. 1 SCIIEDULT", "A" (cont'd) 4. SEMI-DETACHED DWELLINGS If the Owner constructs any semi-detached dwellings that are attached below grade but not above grade, then in that event the Owner shall include in any offer to sell or agreement of purchase and sale respecting such dwellings the following: The Town of Pickering requires that the Purchaser be advised that the dwelling herein is a semi- detached dwelling in that it is attached, below ground level, to the dwelling immediately to the (North, south, east, west, as the case may be). and further that a copy of an executed version of any such document be filed with the Town Clerk within ten days of the date thereof. 1. INDUSTPIh7??COi•83?,iiCli?L CG?§PGNENT (1) The Owner shall construct within the Town of Pickering, industrial or commercial buildings having a total floor area of not less than 9,940 square metres, and based on the Town's 40 (industrial) - 60 (residential) ratio,, shall be entitled thereby to 107 credits upon which the same number of residential building unit permits may be issued. (2) The required industrial or commercial buildings shall be completed as follows: (a) the first 4,645 square metres on or before December 31st, 1983; and (b) the next: 5,295 square metres on or before December 31st, 1984. (3) If, on the 1st day of January in any year from, after and including 1984, the required industrial or commercial buildings have not been constructed, then commencing in 1984, the Owner shall pay annually to the Town on the 15th day of January in each year, liquidated damages in the amount of $350 for every 92.9 square metres or part thereof of the required industrial or commercial buildings not constructed on each January 1st. (4) The Owner shall leave deposited. with the Town, its performance guarantee in the amount of $190,000 to guarantee the satisfactory completion of the required industrial or commercial buildings on or before the dates set out in subsection (2), above, and to secure the payment of any liquid- ated damages that may become payable under sub- section (3), above. SCnrauLt;; "C', 1. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") (1) Neither the Owner, nor any of its agents, con- tractors or servants, shall place fill, grade or interfere with the channel of the water course within Block 103 without the prior approval in writing of M.T.R.C.A. (2) Any site plan required by section 23 and any grading control plan required by section 13 shall be subject to the review and approval of M.`P.R.C.A., insofar as any such plan relates to Lots 14 to 21, inclusive and to any proposed cutting at the top of the slope to accommodate dwellings on those lots. (3) The Owner shall set aside Block 103 for future acquisition by M.T.R.C.A. 2. MINISTRY OF NATURAL RESOURCES ("M.N.R.") (1) Prior to the registration of the plan, the Owner shall, (a) Prepare a detailed engineering report, to the satisfaction of M.T.R.C.A. and the Maple Dis- trict Office of M.N.R., describing, (i) the storm water management techniques which will be employed to minimize the amount of storm water directed into the Duffin Creek, and (ii) the development and construction tech- niques and safeguards which will be used to control- and minimize the effects of erosion and siltation on the site prior to, during and after the construction period, and (b) carry out, or ca°,se to be carried out, any works or recommendations contained within the report referred to in (a) and approved by M.T.R.C.A., M.N.R. and the Town. (2) The To-,an shall not be liable for any costs what- soever of the preparation or evaluation of the report referred to in (1), nor of the carrying out of works resulting therefrom, and the owner hereby indemnifies the Town in this respect. , 3. PERFORMANCE & MAINTENANCE GUARANTEE. For the purposes of sections 12 and 1.4 of this Agree- ment, and without otherwise limiting the generality thereof, the term "work provided for herein" shall be deemed to exclude works required to be carried out pursuant to sections 1 or. 2 of this Schedule unless such works are also required under a section in the Agreement ot1-,er than sections 1 or 2 of this Schedule. SCM,'DULI: "D" 1. PHASING (1) It is acknowledged and agreed that the Owner shall develop that part of the plan of sub- division affected hereby in two phases, as shown on Maps 1 and 2, attached hereto. (2) The phasing of the development shall include the phasing of the registration of the plan and the phasing of the construction of ser- vices. (3) This Agreement shall be registered on title to all the lands in that part of the plan affected hereby prior to the registration of the first phase of the plan. (4) (a) The first phase of the plan shall be registered on or before August 31st, 1980. (b) The second phase of the plan shall be registered on or before January 1st, 1982. (5) The provisions of the sections set out in the following Table shall be applicable to all phases but shall only take effect with respect to any phase upon the registration of the plan for that phase. Table: Section 4, section 5, Section 6, Section 7, section 8, Section 9, Section 12, Section 13, Section 15, Section 16, Section 18, Section 20, Section 23, Section 24, Section 30, Section 31, Section 32, Section 33, Schedule "A" - Section 1, Schedule "A" - Section 2, Schedule "A" - Section 3, and Schedule "A" - Section 4 (6) The provisions of section 25 shall be applicable to all phases but shall take effect so as to require the housing units to be completed as follows: (a) forty-eight (48) units within 2 years of the date of registration of phase one; (b) a further fifty-seven (57) units within 2 years of the date of registration of phase two; and (c) a further two (2) units within 2 years of the date of closing of th roadway to be provided over Lot 92. SC1[F;!)ULL; "p" (Cont'd) 1. PHASING (Cont'd) (7) The provisions of section 25 shall be appli- cable to all phases but shall take effect so as to require the security to be provided as set out below: (a) $75,000 prior to the registration of phase one; and (b) a further $85,500 prior to the regis- tration of phase two. (8) The provisions of section 29 shall be appli- cable to all phases but shall take effect so as to require: (a) the payment of $7,025 prior to the registration of phase one and the conveyance of Block 102 upon the registration of phase one; and (b) a further payment of $34,915 prior to the registration of phase two. (9) The provisions of Schedule "B" - section 1 shall be applicable to all phases but shall take effect so as to require the security referred to in subsection 4, thereof, to be provided as set out below: (a) $88,750 prior to the registration of phase one; and (b) a further $101,250 prior to the reg- istration of phase two. (10) The provisions of the sections set out in the following Table shall be applicable to all phases and shall take effect up on the regis- tration of this Agree ment, subj ect to the provisions of su bsections (6), (7), (8) and (9) of this sect ion. Table: Section 1, Section 2, Section 3, Section 10, Section 11, Section 14, section 17, Section 19, Section 21, Section 22, Section 25, Section 26, Section 27, Section 28, Section 29, Section 34, Section 35, Section 36, Section 37, Section 38, Section 39, Section 40, Section 41, Schedule "A" - Section 5, Schedule "B" - Section 1, Schedule "C" - Section 1, SCIILI)uI,t; "D" (Cont'd) 1. 2 3. PHASING (Cont'd) (10) Table: Schod;.le "C" - Section 2 Schedule "C" - Section 3, Schedule "D" - Section 1, Schedule "D" - Section 2, Schedule "D" - Section 3, and Schedule "D" - Maps 1 and 2 CONSTRUCTION 'T'RAFFIC (1) Phase two construction traffic shall enter the subdivision only by means of a temporary entrance, constructed and maintained by the Owner, across Lot 84. (2) The provisions of subsection (1) are sub- ject to the approval of the Regional Municipal- ity of Durham. (3) "Maintained" in subsection (1), above, shall include such dust control measures as the Town may from time to time direct to be carried out. TEMPORARY PUBLIC ROAD ACCESS (1) Subject to the approval of the Regional Munici- pality of Durham, the Owner at its expense, shall construct, across Lot 92, a public road access to the Town's satisfaction, and as if it were a road shown on the plan of subdivi- sion, to provide permanent vehicular and pedestrian access from Finch Avenue. (2) The Owner shall convey to the Town, at no cost to the Town, all lands required by the Town to implement such access, and upon such conveyance the Town may dedicate such lands as public high- way. (3) In the event that an alternate public highway access is constructed over that part of Draft Plan 18T-79049 immediately west of the lands affected h^reby, the Town shall close as pub- lic highway any lands dedicated by it pursuant to subsection (2), and, pursuant to the provi- sions of The Municipal Act, R.S.O. 1910, c.284, as amended from time to time, or any successor thereto, and all other relevant legislation, offer same for sale, at a nomd_nal coat, to the Owner, should it be the owner of the abutting lots. ,o c LIN v c?? PAtiY_DALt 'JT ? i,-d iv coo S1 _ A `S1 Gz W -- /OJ i- ?E? ?? f?a 7a 7G > 9T `4s P,4=KDA,LF I 93 1,14 FINCH ?K //-3J AVENUE= M,P> 2 - 6ECO.x? p?-sc TE,?r?eaev /hccs $' MAP