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HomeMy WebLinkAboutBy-law 940/97THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 940/79 Being a by-law to authorize the execution of a Subdivision Agreement between Jack Jacobsen Construction Limited and the Corporation of the Town of Pickering with respect to Part Lot 1, Bostwick's Plan, Pickering (Draft Plan 18T-77051) WHEREAS Jack Jacobsen Construction Limited proposes to subdivide certain lands within Lot 1, Bostwick's Plan, Pick- ering, which proposal has received the approval of the Council of the Corporation of the Town of Pickering and the Ministry of Housing, subject to certain conditions, including the entering into of a Subdivision Agreement; 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 Jack Jacobsen Construction Limited and the Corporation of the Town of Pickering with respect to the subdivision of certain lands within Lot 1, Bostwick's Plan, Pickering (Draft Plan 18T-77051). BY-LAW read a first, second and third time and finally passed this 22nd day of January , 1979. yor (Afti g) er iIl','J?': i? THIS AGREEMENT made this day of , 197°_. B E T W E E N: JACK JACOBSEN CONSTRUCTION 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 - LEONARDO CALVELLI and FRANK CALVELLI and MARIA HANAK and WILLIAM JOHN HARMON and THE BANK OF MONTREAL hereinafter called the "Encumbrancers" OF THE THIRD PART. WHEREAS the Owner proposes to subdivide and register a plan of subdivision of Part of Lot 1, Bostwick's Plan, Pickering, as shown on a draft plan of subdivision prepared by C. F. Fleisch- mann, Ontario Land Surveyor, dated May 12th, 1977, revised April 27th, 1978 and given draft approval by the Minister of Housing on August 9th, 1978, as Draft Plan Number 18T-77051, revised; AND WHEREAS the Encumbrancers have certain rights or inter- ests in the nature of encumbrances relating to the lands affected hereby; NOW THEREFORE THIS AGREEMENT WITNESSETH that in considera- tion of the Town approving the said proposed plan of subdivision, and the covenants hereinafter expressed, the parties hereto cov- enant and agree one with the other as follows: PART I - 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, Part of Lot 1, according to a plan known as G. & A. Bostwick's Subdivision Plan, registered in the Registry Office for the Registry Division of Durham as Instrument No. 26951. -2- PART II - SERVICES 2. OWNER'S GENERAL UNDERTAKING The Owner agrees to complete at his own expense and in a good workmanlike manner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Director of Public Works for the Town of Pickering, and to complete, perform or make payment for such other matters as may be provided for herein. 3. CONSULTING ENGINEERS The Owner agrees to retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and generally supervise the work required to be done for the development of the subdivision. Such Consulting Engineer or a 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 The Owner agrees to construct a complete storm sewer 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 up- stream of the 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 accepted by the Town. Such sewers shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of sufficient size and depth and at locations either within or outside the 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 opinion of the Director of Public Works, an inade- quate stream or structure exist in the outlet system outside the subdivision, the Owner may be required to carry out such works as are necessary to provide adequate outlets. The Town may connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the sewer system by the Town. 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 materials and obstructions which might interfere with the installation of electric, telephone, qas or other utilities. - 3 - PART II - SERVICES (Cont'd) 6. ROADS - PAVED The Owner agrees to construct all the roads as shown on the said 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. The specifications for boulevard grading, sidewalks and sodding shall apply to existing roads adjacent to the said plan of subdivision. The Owner covenants and agrees that until assumption by the Town, it will maintain and repair streets both within and outside the subdivision where construction has taken place or is used by traffic entering the sub- division and keep them clear of dust, refuse, rub- bish, or other litter of all types. The Owner will erect and maintain adequate signs to warn all per- sons using such roads that they have not been assumed by the Town from the time that they are opened until formal assumption by the Town. 7. CHANGE OF ROAD GRADE When, in the written opinion of the Director of Pub- lic Works, it is necessary to change the grade of existing Town roads adjacent to or abutting the said plan of subdivision, the owner agrees to grade the roads to subgrade and provide sufficient gran- ular base for a standard two-lane roadway in the manner and at the time stipulated by the Director of Public Works and in accordance with the specifica- tions of the Town. 8. CURBS AND GUTTERS The Owner agrees to construct curbs and gutters on all the roads shown on the said 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 according to the said specifications. 9. SIDEWALKS The Owner agrees to construct sidewalks on both sides of all roads as shown on the said plan of subdivision including such sidewalks as are con- sidered necessary on all roads adjacent to the said 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. 10. UNDERGROUND ELECTRIC DISTRIBUTION & STREET LIGHTING Underground electric distribution services shall be provided for all lots and blocks within the subdi- vision according to the standards and specifications of the appropriate authority. The Owner shall make such financial arrangements as may be required to - 4 - PART II - SERVICES (Cont'd) 10. UNDERGROUND FLECTRIC DISTRIBUTION & STREET LIGHTING (Cont'd) ensure the construction of those services. The owner agrees to pay all costs of installation of street lighting, including poles and other nec- essary appurtenances for the lighting of all streets including boundary roads and pedestrian walkways on the plan. The lighting shall be designed and installed in accordance with stand- ards established by the Town and in conformity with the Association of Municipal Electrical Util- ities Guide to Municipal Standard Construction. The installation of all works provided for in this clause shall be constructed under the supervision and inspection of the aforesaid authority. 11. INSPECTION OF WORK All works required to be constructed by the Owner shall be installed under the observation of Inspec- tors employed by the Town and the owner agrees to pay the costs incurred (Salaries and Expense) there- for within ten days of their being rendered. 12. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Town Clerk with a Liability Insurance Policy in form satis- factory 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 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 Lia- bility Insurance Policy, may pay the renewal prem- ium or premiums and the Owner agrees to pay the cost of such renewal or renewals within ten (10) days of the account therefor 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 has been paid in order that the guarantee provided by the Liabil- ity Insurance Policy shall not lapse. 13. PERFORMANCE & MAINTENANCE GUARANTEE Before cormencing any of the work provided for herein, the Owner shall supply the Town with a 100% Ferformance and Maintenance Security in form satisfactory to the Town and in the amount of $110,000, to guarantee the satisfactory com- pletion of the work and to guarantee the workman- ship 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. Such Performance and Maintenance Security may, at the option of the Owner, be made up of part bond and part cash, or all cash, or letter of credit. The Owner may, from time to time, apply for a reduction in the bond, cash or letter of credit and such application shall be made to the Town Manager and such reduction may be granted by - 5 - PART II - SERVICES (Cont'd) 13. PERFORMANCE & MAINTENANCE GUARANTEE (Cont'd) him upon written verification of the Director of Public Works that the services for which reduc- tion is being sought have been satisfactorily com- pleted, provided such reduction shall not reduce the amount of the security to any amount 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 ded- uctions for maintenance purposes. 14. DRAINAGE - SODDING The Owner agrees to provide the Town, prior to the commencement of the development of the sub- division, with a Grading Control Plan prepared by the Onwer's Consulting 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 said subdivision. 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. The grading of the lands shall be carried out in accordance with such Grad- ing Control Plan under the supervision of the Owner's Consulting Engineer. If, in the opinion of the Director of Public Works, drainage prob- lems occur prior to formal acceptance 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 structures as may be necessary to correct such problems. The Owner agrees to sod the front, side and rear yards of each of the lots or blocks except for paved or planted areas, upon the completion of the construction of buildings thereon. 15. INCOMPLETED OR FAULTY WORK If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be pros- ecuted 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 im- properly performing the work, or shall be 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 neg- lect 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 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 writ- ing of such defaulr or neglect and if such noti- fication 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 and power immediately to purchase - 6 - PART II - SERVICES (Cont'd) 15 16. INCOMPLETED OR FAULTY WORK (Cont'd) 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 opinion 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 manage- ment fee of twenty per cent (200) 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 hereby declared and agreed that the assum- ing 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. 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 regis- tration 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: Column I Block A Column II The Regional Municipality of Durham Block B Street 'A' The Regional Municipality of Durham The Corporation of the Town of Pickering 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 regis- tration of the final plan, the lands indicated in Column I of the following Table to the respec- tive authority named in Column II of the Table: Column I Column II Block C The Regional Municipality of Durham Block D The Regional Municipality of Durham Block E The Corporation of the Town of Pickerinc Block F The Corporation of the Town of Pickering - 7 - PART II - SERVICES (Cont'd) 18 19 20 21. TRANSFERS - EASEMENTS The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Direc- tor ofPublic 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 out- side its boundaries. Such easements shall be sub- ject to the approval of the Director of Public Works or his designate as to their location and width. The construction 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 writ- ing, from the Town and from the registered owner of the lands across which the easement shall lie. STREET NAMING The Owner shall name both Street 'A' and Street 'B' "Gloucester Square" on the final plan prior to registration thereof. SERVICE CAPACITY This Agreement shall be subject to the Owner enter- ing into satisfactory arrangements with the Town and the Regional Municipality of Durham with re- spect to the allocation of sewage treatment plant capacity and water capacity for the development. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave the driveway approaches between the curb and sidewalk, it being under- stood that the sidewalks are normally located three feet from the property line. (b) Ontario Hydro Rights-o£ 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 construc- tion 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 ser- vices, to join into the same, including adjustment of grades where necessary, in a good workmanlike manner. - 2 - PART II - SERVICES (Cont'd) 21. GENERAL PROVISIONS-- SERVICES (Cont'd) (d) Public Lands - Fill & Debris To neither 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 con- struction of roads in the subdivision without the written consent of the Authority 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 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 construc- tion of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within ten (10) days of the account being rendered by the Town. (f) Relocation of Services To pay the cost of relocating any exist- ing services and utilities caused by the subdivision work within ten (10) 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) Pedestrian Walkways Where the Town requires a pedestrian walkway, to construct it according to plans and specifications approved by the Director of Public Works. (h) 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. (i) Temporary Signs To provide and erect at its own cost temporary street signs at locations designated by the Director of Public Works and to erect signs denoting the future use of kinds within the subdivision not scheduled for immed- iate dovolopnicnt and r;uch signs shall be ?arconlinq to the :.pi-cificalions of 1 Le Ti N n . - 9 - PART II - SERVICES (Cont'd) 21. GENERAL PROVISIONS - SERVICES (Cont'd) (j) Permanent Signs To provide and erect at his own cost, permanent signs at locations designa- ted by the Director of Public Works to the specifications of the Town. (k) Engineering Drawings Prior to the final acceptance of the subdivision to supply the Town with the original drawings of the Engineer- ing Works for the subdivision, with amendments, if any, noted thereon. (1) 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, includ- ing 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. (m) Survey Monuments & Markers Prior to the acceptance of the subdivi- sion 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 sur- vey 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. - 10 - PART III - CONSTRUCTION & OCCUPANCY OF BUILDINGS 22. CONSTRUCTION & OCCUPANCY OF BUILDINGS (a) 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. (b) The owner further agrees that no build- ing or part of a building in the subdivi- sion shall be occupied except on the following conditions: (i) Sewer and water facilities are installed and in opera- tion to adequately serve such building or part thereof; (ii) A municipal occupancy per- mit has been issued; (iii) Electric service is com- pleted and in operation; and (iv) 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 existing maintained public road. (c) The Owner agrees with the Town that should any building or part thereof in the subdi- vision be occupied in contravention of any or all of the provisions contained in sub- section (b), above, then in that event the Owner shall pay to the Town the sum of $1,500.00 for each building or part thereof so occupied as liquidated damages for such contravention. 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. (d) The owner further covenants and agrees to maintain vehicular access to all occupied buildinas in the subdivision until the roads are formally assumed by the Town, and further agrees to obtain similar cov- enants from any subsequent Owner of any of the lands in the said subdivision. 23. TIME LIMIT FOR CONSTRUCTION The Owner agrees to construct or cause to be construc- ted on the lands in the plan forty-four (44) housing units which shall be completed within two (2) years of the date of registration of the plan. - 11 - PART III - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) 24. SITE PLANNING (a) The owner agrees that prior to the issu- ance of building permits for any of the residential units to be erected on the lands, it shall submit architectural and siting plans for all of the residential units to the Town for approval. The Owner agrees to engage the services of only one architectural or engineering firm at one time to co-ordinate the design for all residential units and that firm is to be the co-ordinator throughout the design approval process. (b) The siting plans may be required, at the Town's option, to provide the following information: (i) street scape for front and rear elevation at a scale acceptable to the Director of Planning; (ii) street scape to show all street furniture and vege- tation; (iii) the relationship of build- ings by blocks; and (iv) any other data or informa- tion required by the Town. 25. 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 land- scaping 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 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". 26. FENCING upon completion of final lot grading and sodding thelandsin the plan, except Block G, the Owner shall erect a permanent fence along, (a) the southerly boundiary of Block C, adja- cent to Lot 11 only; (b) the southerly boundary of Block D; (c) the westerly boundary of Lot 17, from Block D to a point in the westerly boundary even with t_he main front wall of the dwelling to be constructed on Lot 17; - 12 - PART III - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) 26. FENCING (COnt'd) (d) the westerly boundary of Lot 18, between a point in the westerly boundary even with the main front wall of the dwelling to be con- structed on Lot 18 and the north- erly boundary of Lot 27; (e) the northerly boundary of Lot 27; (f) the westerly boundary of Lot 27 from the north-west angle of the lot to a point in the westerly boundary even with the main front wall of the dwelling to be con- structed on Lot 27; and (g) the westerly boundary of Lot 28 from the south-west angle of the lot to a point in the westerly boundary even with the main front wall of the dwelling to be constructed on Lot 28. Such fence shall be four feet high and con- structed of nine gauge, galvanized steel link fencing with maximum two inch mesh, unless substitution is authorized in writing by the Director of Public Works. - 13 - PART IV - FINANCIAL MATTERS 27. 28. 29. FINANCIAL PAYMENTS The Owner agrees to pay to the Town the sum of $1,500 for each dwelling unit, except one of the dwelling units to be constructed on Lot 15, for which a building permit is received. No building permit shall be issued for any dwell- ing 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 build- ing permits are required. In any event, the owner shall pay all levies due under the provi- sions of this paragraph in full, no later than eighteen (18) months from the date of registra- tion 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. FINANCIAL PAYMENTS/OCCUPANCY DAMAGES SECURITY 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, for the sum of $66,000 as security for: (a) the payments referred to in Section 27 hereof, and, (b) the payment of liquidated damages re- ferred to in subsection (c) of Section 22 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 outstanding local improvement charges which are levied against any of the lands in the said plan of subdivision. (c) Interest To pay interest at the rate of fourteen per cent (14€) 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. - 14 - PART IV - FINANCIAL MATTERS (Cont'd) 29. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd) (d) Registration Fees To pay all registration costs in- curred by the Town relating in any way to the registration of the plan of subdivision or any other related documentation, including transfers. (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 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. 30. EXPIRY OF SECURITIES The Owner further agrees that should any security required to be given under the terms of this Agreement expire during the currency of the Agree- ment, 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. Such further security shall be to the satisfaction of the Town. Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 31. MAINTENANCE OF SECURITIES If the Town draws against any security provided by the Owner pursuant to the provisions of sec- tion 13 or item 1 of Schedule "B" hereof, there- by reducing the amount of the security, then in that event, the Town may, at its option, require the Owner to increase the amount of the security to any amount equal to or less than the original amount, and the Owner shall so increase the amount within 10 days of its receipt of the Town's notice requiring same. - 15 - PART V - PARKS & TREES 31. 32. PARK DEDICATION The Owner agrees that, prior to the registration of the plan herein, it shall pay to the Town the sum of Twenty-Six Thousand, Three Hundred and Forty Dollars ($26,340) in cash in lieu of the dedication of parkland, and the Town hereby agrees to accept such sum for that purpose. TREE PLANTING (a) 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 Parks and Recreation prior to the planting of any trees. A list of acceptable tree species and sizes will be provided. (b) The trees approved by the Town shall be planted by the Owner no more than 3 months after final grading is done in the specific area. (c) (i) The Owner shall provide at least one tree per residen- tial unit in the subdivi- sion. (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 in the Municipal- ity. 33. TREE PRESERVATION (a) The Owner further agrees that it shall permit the Town to enter the property prior to the commencement of any con- struction thereon for the purpose of identifying the trees existing thereon, which in the opinion of the Town, shall be preserved by the Owner. (b) During construction, all trees to be preserved on the property shall be fully protected against damage. Pro- tection shall be applied in the follow- ing manner prior to commencement of any construction: (i) The area within the drip line of all existing trees (groups or individ- ual) shall be protected with temporary fencing which shall have posts equivalent to 4" x 4" set 3 feet into tho ground and extending 5 feet above the ground subject to the law in this regard, set at - 16 - PART V - PARKS & TREES (Cont'd) 33. TREE PRESERVATION (Cont'd) intervals riot to exceed 8 feet. Two cross members of 2" x 6" shall be sec- ured to these cross mem- bers to completely enclose this are,; (ii) The area within the pro- tective fencing shall remain undisturbed and shall not be used for the storage of building mat- erial or equipment; (iii) Tree protection shall re- main in place until the planting phase of the pro- ject is started, and then it shall be removed forth- with. (c) If the nature of the development requires a change of ground elevation (lowering or raising of grades), cutting of roots, or other action which may, in the opinion of the Town, be detrimental to the tree or trees to be preserved, the owner shall advise the Town prior to changing such ele- vation, cutting roots, or taking other action, and obtain the consent of the Town thereto. In granting its consent, the Town may impose further controls or condi- tions to its satisfaction. (d) Prior to the commencement of any construc- tion, the Owner shall submit to the Town for its approval, a proposed watering and fertilizing program to assist the trees to be preserved to adapt to the new conditions resulting from the development of these lands. The Owner further agrees that upon approval by the Town of such a program, the program shall be implemented and continue as approved. (e) Trees to be preserved that die or are dam- aged beyond repair during construction shall be replaced by the Owner at its own expense with trees of a size and species approved by the Town. - 17 - PART VI - GENERAL REQUIREMENTS 34 The Owner agrees with the Town: (a) Licence to Enter To ret=ain a licence from any subse- quent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. (b) Cancellation of Agreement In the event the plan of subdivision is not registered on or before Feb- ruary 9th, 1980, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void. (c) 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 date of the deposit thereof in the Post office. 35. The Encumbrancers agree with the Town that this Agree- ment shall have priority over and take precedence over any rights or interests they may have in the lands 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 registra- tion of this Agreement. 36. 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. 37. The provisions in Schedules "A" and "B" attached hereto shall form part of this Agreement. 38. Time shall be of the essence of this Agreement. 39. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the par- ties hereto, their successors and assigns. - 18 - 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 and DELIVERED JACK JACOBSEN CONSTRUCTION LIMITED THE CORPORATION OF THE TOWN OF PICKERING or er 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 specified in the Table set out below and to guarantee the workmanship and mat- erials for a period of two (2) years from the date that the said works are approved in writing by the Director of Public Works. Any work other than that specifically provided for in the Table shall be com- pleted within the time limit provided for therein for aboveground services. TABLE 2 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 of Services the registration of the final plan of subdivision 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 programme. SCHEDULE "B" 1. INDUSTRIAL/COMMERCIAL COMPONENT (a) The owner shall construct within the Town of Pickering, industrial buildings having a total floor area of not less than 43,000 square feet, and based on the Town's 40 (industrial) - 60 (residential) ratio, shall be entitled thereby to 43 credits upon which the same number of residential building unit permits may be issued. (b) The required industrial buildings shall be completed on or before the 31st day of December, 1980. (c) If, on the 1st day of January, 1981, the required industrial buildings have not been constructed, then commencing in 1981, the Owner shall pay annually to the Town on the 15th day of January in each year the sum of $14,500 as liquidated damages until the required industrial buildings have been constructed. (d) The owner shall leave deposited with the Town a Performance Guarantee security in the amount of $58,000 to guarantee the satisfactory completion of the required commercial and industrial buildings on or before the 31st day of December, 1980, and to secure the payment of any liqui- dated damages that may become payable under (c) above. 2. TEMPORARY TURNING CIRCLES Notwithstanding the provisions of section 6 of this Agreement, the Owner shall construct temporary turn- ing circles (a) at the westerly end of Street 'A', and (b) at the westerly end of the street loca- ted between Lots 26-27 and Lots 28-29, to the specifications of the Town and to the satis- faction of the Director of Public Works. 3. FUTURE DEVELOPMENT Block G shall be retained by the Owner for future development in conjunction with the lands abutting the westerly limit of the Block and for no other purpose. Such development shall not be permitted until a subsequent Agreement between the Owner and the Town has been entered into respecting such development. 4. ADJACENT RESERVES (a) Upon registration of the plan of subdi- vision herein and this Agreement, the Town shall permit the Owner, its acents, servants, contractors and employees, to cross the Town's reserves designated as, (i) Blacks B and C, Plan M-1141; and (ii) Rlt,ck S, P1.+n P;-1038, SCHEDULE "B" (Cont'd) 4 ADJACENT RESERVES (Cont'd) in order to provide access to the lands in the within plan for construction pur- poses. (b) Upon the issuance of the first occupancy permit for a dwelling upon the lands in the within plan, except Lots 26, 27, 28 and 29, the Town shall dedicate, as pub- lic highway, the reserves designated as, (i) Block C, Plan M-1141; and (ii) Block S, Plan M-1038. (c) Upon the issuance of the first occupancy permit for a dwelling upon Lots 26, 27, 28 and 29, the Town shall dedicate, as public highway, the reserve designated as Block B, Plan M-1141. 5. DEMOLITION OF EXISTING BUILDINGS (a) Prior to making application for a building permit for either of Lots 15 or 16, the owner shall demolish all buildings and structures located on either or both of those lots. (b) The completion of the demolition of the existing one-storey brick house located on Lots 15 and 16 shall entitle the owner to one industrial credit upon which one residential building permit may be issued. r r C ro H r 0 ? N£ xo? (D nx0 r' N' rn w°ro N N. O O X tj tj m rt n w z ? noQ r• w w O Q r n N e? z H 4 n n x ti n n 0 m t? z r H z H H tj 0 n 0 z H C C) H H z w a H x e? n 0 x ro 00 ro? roH H H xz ti ?a 0 H ?+] z G7 H x H O E z 0 H d