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HomeMy WebLinkAboutBy-law 1177/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1177/80 Being a By-Law to authorize the execution of .a Subdivision Agreement between the Corporation of the Town of Pickering and Eagle Brook Investments Limited respecting parts of Lot 28, Range 3, Broken Front Concession, Pickering (Draft Plan 18T-77091(R)) WHEREAS, Eagle Brook Investments Limited proposes to subdivide and register a plan of subdivision of part of Lot 28, Range 3, Broken Front Concession, 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 Eagle Brook Investments 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 Eagle Brook Investments Limited respecting the subdivision of part of Lot 28, Range 3, Broken Front Concession, Pickering (Draft Plan 18T-77091(R)). BY-LAW read a first, second and third time and finally passed this 6th day of October , 1980. Off I PICCI( R N AB APPROVI AS 70 FO t E.GAi. scHEDULE "A" to By-law 1177/80 THIS AGREEMENT made this 15th day of September , 1979. BETWEEN, EAGLE BROOK INVESTMENTS 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 - WILLIAM ANTHONY OLIVER hereinafter called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide certain parts of Lot 28, Range 3, Broken Front Concession, 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 Otto Ertl, O.L.S., dated August 29th, 1978, as revised, designated as Draft Plan Number 18T-77091(R); and WHEREAS, the Encumbrancer has 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 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 Pro-jince of Ontario and being composed of, that part of Lot 28, Range 3, Broken Front Concession, designated as Part 1 on Reference Plan 40R-4934, Pickering, AS DESCRIBED in Instrument No. LT 110590. - 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- structed 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 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 - SERVICES (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 - PAVED 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 roads as may be neces- sary to provide an adequate access. The specifications for boulevard grading, side- walks and sodding shall apply to existing roads adjacent to the said plan of subdivi- sion. The Owner covenants and agrees that until assumption by the Town, it will main- tain and repair streets both within and out- side the subdivision where construction has taken place or that are used by construction - 5 - PART 2 - SERVICES (Cont'd) 6 7. 8 ROADS - PAVED (Cont'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. Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. CURBS & GUTTERS The Owner agrees to construct curbs and gut- ters on the road shown on the plan of subdi- vision according to the specifications of the Town in effect at the date hereof and to maintain it until it is formally accep- ted by the Town. If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depres- sion in the correct location and fill in the original curb depression according to the said specifications. SIDEWALKS (1) The Owner agrees to construct a sidewalk to the specifications of the Town in effect at the date hereof, on: (a) each side of Abingdon Court, (b) the east side of White's Road, adjacent to the plan of subdi- vision, (c) the south side of Oklahoma Drive adjacent to the plan of subdivision, and (d) the west side of Eyer Drive, adjacent to the plan of subdi- vision, and to maintain them until they are for- mally accepted by the Town. (2) The Owner further agrees to construct a sidewalk to the walkway sidewalk speci- fications of the Town in effect at the date hereof, on Block 13, and adjacent lands, between the sidewalk to be con- - 6 - PART 2 _ SERVICES (Cont'd) 8. SIDEWALKS (Cont'd) structed on Abingdon Court and the side- walk to be constructed on White's Road. 9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING 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, Pickering Hydro Electric Commission or Pickering Cable TV Limited, as the case may be. 10. INSPECTION OF WORK All works required to be constructed by the Owner shall be installed under the observa- tion of inspectors employed by the Town and the Owner agrees to pay the costs incurred (Salaries and Expense) therefor within thir- ty (30) days of invoices being rendered. The costs referred to above may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. 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, 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 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 re- newal 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 pre- mium 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 Liabilitv 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 a form satisfactory to the Town and in an amount established by the Director of Public Works to guarantee 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 ir- revocable letter of credit, cash or a combination thereof. The Owner may, from time to time, apply for a reduction in the security and such appli- cation 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 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. (2) Upon the approval, if any, of a reduc- tion in the amount of the security re- quired to be provided in subsection 1, the Town Manager shall provide to the Owner any necessary assurances to effect the reduction. - 8 - PART 2 - SERVICES (Cont'd) 13. GRADING, DRAINAGE & SODDING (1) The Owner agrees to provide the Town, before commenc- ing any of the work provided for herein and prior to the commencement of the development of the plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed final grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of sub- division. The Grading Control Plan is to be prepared in accordance with the Town's Lot Drainage specifica- tions in effect at the date of this Agreement and is subject to the approval of the Director of Public ?corks and the Metropolitan Toronto and Region Conser- vation Authority. (2) Final 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 Consult- ing Engineer. If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance by the Town of the works in the plan of subdivision, the Owner shall correct such problems by re-grading or by the construction of catch basins, swales or other structures as may be necessary in the opinion of the Director. (3) If, in the opinion of the Director, drainage or other problems occur during the development of the plan of subdivision, the Owner shall conduct at its sole expense such interim grading of the lands as the Director shall require. (4) 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 construc- tion 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 in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly perform- ing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions 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 rejected by the Director of Public Works as defective or unsuitable, or shall the owner in any other manner, in the - 9 - PART 2 - SERVICES (Cont'd) 14 INCOMPLETED OR FAULTY WORK (Cont'd) 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 not- ify the owner and his surety in writing of such default or neglect and if such notifi- cation 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. In cases of emergency, in the opin- ion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. The cost of such work shall be calculated by the Director of Public works whose decision 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 (30%) of the value for the dislocation and inconven- ience 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 fol- lowing the registration of the final plan, the lands indicated in Column I of the follow- ing Table to the respective authority named in Column II of the Table: Column I Street 'A' (Abingdon Court) Block 10 Block 9 Column II The Corporation of the Town of Pickering The Corporation of the Town of Pickering The Regional Municipality of Durham - 10 - PART 2 - SERVICES (Cont'd) 16. 17 TRANSFERS - CONVEYANCES The owner shall convey free and clear of all encumbrances, at no cost to the Grantee, upon the registration of the plan or within the thirty (30) days immediately following the registration of the final plan, the lands in- dicated in Column I of the following Table to the respective authority named in Column II of the Table: Column I Block 11 Column II The Regional Municipality of Durham Block 12 Block 13 TRANSFERS - EASEMENTS The Corporation of the Town of Pickering The Corporation of the Town of Pickering 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 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 desig- nate as to their location and width. The con- struction of any services in such easement or easements 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 Column II Street A Abingdon Court - 11 - PART 2 - SERVICES (Cont'd) 19. SERVICE CAPACITY This Agreement shall be subject to the owner entering into satisfactory 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 Hydro Rights-of-Wa 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 Existing 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 Neither to dump nor 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 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 - 12 - 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 thirty (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 driveway. (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 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 signs at locations desig- 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- for the subdivision, nts, 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 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 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. (m) Construction Traffic Wherever possible, to ensure that con- struction traffic serving the development of this plan does not use roads, in this plan or adjacent o_lans, having occupied residential units fronting thereon. - 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 adequate ser- vice. (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 oper- ation; (iii) An asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing main- tained 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) 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 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. 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 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 on the 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 subdivision. 22., TIME LIMIT FOR CONSTRUCTION The Owner agrees to construct or cause to be constructed, forty-four (44) housing units, all of which shall be completed within two (2) years of the date of registration of the plan. - 15 - PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) 23. 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 out- lining siting and architectural design objectives for the subdivision. This report may be required, at the Director's option, to provide the following information: (a) housing massing; (b) streetscape; (c) exterior materials and colours; (d) architectural style; (e) visual variety; (£) 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 following information: (a) the location of all buildings and structures to be erected and the location of all facilities 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 eichteen (18) months from the date of registration of the plan. 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. LETTER OF CREDIT The 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 $66,000 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 - 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 prepay any outstand- ing local improvement charges which are levied against any of the lands on the said plan of subdivision. - 17 - 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 (18%) 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 final acceptance 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 letter 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 bond into cash and hold the cash in lieu of and for the same purposes as any further letter of credit or bond. - 18 - PART 4 - FINANCIAL MATTERS (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 $16,500, i.e. respecting less than 11 buildings, or parts thereof, for which Municipal Occu- pancy Permits have been issued. - 19 - PART 5 - PARKS & TREES 29. PROVISION OF PARKLAND Upon the registration of the final plan herein, the Owner shall pay to the Town the sum of $26,950 cash in lieu of the provision of park- land and the Town hereby agrees to accept such sum for such purpose. 30. FENCING (1) The owner shall erect, upon the comple- tion of final lot grading and seeding or sodding the lands in the subdivision, a permanent fence of nine (9) gauge, galvanized steel link fencing, having 0.05 metre mesh, (a) 1.25 metres high along the White's Road boundaries of Blocks 4 and 5, (b) 1.25 metres high along the Okla- homa Drive boundaries of Blocks 1, 2, 3 and 4, (c) 1.8 metres high along the south- erly boundary of Block 4; and (d) 1.8 metres high along the north- erly boundary of Block 5. (2) The Owner shall further erect, at the time the fencing referred to in sub- section (1) is erected, vehicle bar- riers at the east and west ends of Block 13; such barriers to be con- structed in accordance with specifi- cations therefor and to the satisfac- tion of the Director of Parks and Recreation. 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. 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 - 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 Preservation 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 plan of subdivision is not registered on or before June 28th, 1981, 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. ENCUMBRANCER The Encumbrancer agrees 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 docuwnent 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" - 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 - 24 - their proper officers in that behalf fully authorized. SIGNED, SEALED and DELIVERED EAGLE BROOK INVESTMENTS LIMITED Per: Per: THE CORPORATION OF THE TOWN OF PICKERING Clerk WILLIAM ANTHONY OLIVER Per: Per: SCHEDULE "A" 1. 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 spec- ified 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 provided for therein for above- ground services. Table Works Time Limit for Completion (a) Underground One year from the date of Services the registration of the final plan of subdivision (b) Aboveground Two years from the date Services of the registration of the final plan of subdi- vision 2. PHASING OF DEVELOPMENT The Owner agrees that should it wish to develop the lands contained in this plan of subdivision in phases, the Owner shall first obtain the written approval of the Town and the Regional Municipality of Durham to the phasing program. SC17 EDULE "B" 1. INDUSTRIAL/COMMERCIAL COMPONENT (1) The Owner shall construct within the Town of Pickering, industrial or com- mercial buildings having a total floor area of not less than 4,088 square metres, and based on the Town's 40 (industrial) - 60 (residential) ratio, shall be entitled thereby to 44 credits upon which the same number of residen- tial building unit permits may be issued. (2) The required industrial or commercial buildings shall be completed on or before the 31st day of December 1983. (3) If, on the 1st day of January, 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 indus- trial or commercial buildings not constructer on each January lst. (4) The Owner shall leave deposited with the Town, its performance guarantee in the amount of $80,000 to guarantee the satisfactory completion of the required industrial or commercial buildings on or before the 31st day of December, 1983 and to secure the payment of any liquidated damages that may become payable under (3) above. 2. CONSTRUCTION TRAFFIC Construction traffic shall be Permitted to enter and leave the subdivision only by means of southbound Eyer Drive and northbound Fyer Drive, respectively; the Owner shall aooly to those Portions of Ever Drive such dust, mud and debris control measures as the Town may from time to time direct to be carried out. r 'd H H H r.?j 0 C X C. ? Hr m nnxo J N' F'- I-1, w? ro rt oox d J m rt n a 0 r-- non 11-2) L-0 0 aof o . G) Ci] z H t?7 r m w z O O x r H H H t1i 0 H z c t? O H lTl z H 0 hl I ro a H n a. x H z 0 H x N n O O H H O z 0 nl H x H 0 0 H 0