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HomeMy WebLinkAboutBy-law 969/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 969 /79 Being a by-law to authorize the execution of a Subdivision Agreement between the Corporation of the Town of Pickering and Hollinger Construction Limited respecting Lot 31, Plan 350 (Draft Plan 18T-77006). WHEREAS, Hollinger Construction Limited proposes to sub- divide and register a Plan of Subdivision of Lot 31, Plan 350; AND WHEREAS, that proposal has been approved by the Council of the Corporation of the Town of Pickering and the Ministry of Housing, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement between Hollinger Construction Limited and the Cor- poration 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 Hollinger Construction Limited, respecting the subdivision of Lot 31, Plan 350 (Draft Plan 18T-77006). BY-LAW read a first, second and third time and finally passed this 19th day of March , 1979. TOYdN OF P1CKFIIZ: 'G APPr Z.;';i'.) AS;O Fv': )'- ) ,,,, ;I It L-M 4t) SCHEDULE "A" TO By-law 969/79 t Ti11S AGREEMENT made this day of I I?• BETWEEN: i 11OLLINGER CONS"'RUCTION LIMITED .. hereinafter called the "Owner" • i OF THE FIRST PART, I - and -- THE CORPORATION OF THE TOl•TN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, ,. and - ' i t i hereinafter called the "Encumbrancer s" OF THE THIRD PART. t f 1 WHEREAS the Owner proposes to register a plan of subdivi- sion of Lot 31, Plan 350, Pickering, as shown on a draft plan of subdivision prepared by Bryan T. Davies, O.L.S., dated j January 11th, 1977, as revised in red, and given draft approval by the Minister of Housing on October 3rd, 1977, as Draft Plan Number 18T-77006; AND WHEREAS the Encumbrancers have certain rights or interests in the nature of encumbrances relating to the lands I affected hereby; • 1 NOW THEREFORE THIS AGREEMENT WITNESSETH that in conside_- ation of the Town approving the said proposed plan of subdivi- sion and the covenants hereinafter expressed, the parties hereto covenant and agree one with the other as'follows:" ?t LIVI - 2 - r (' !) 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., Lot 31, according to a plan registered in the Registry Of ice for the Registry Division of Durham as Plan 350. t 0A - 3 PART TI - SERVICES 2. OWNER'S GE,NEPAI, UNDERTAKING The Owner agrees to complete at his own ezpcnse and in a good o:orkman]ike ;Wanner, for the Town, all the muni - cipal services as hereinafter set forth to the satis- faction of the Director of Public }forks 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 he 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 form- ally accepted by the Town. ?_. STORM SEWERS The Otimer agrees to construct a complete storm sewer system including stone corncctions to the street line and catch basin Seags,to service all the lands on the said plan of subdivision and adjacent road allowances and to provide capacity for lands upstream of the sub- division, according to designs approved by the Direc- tor of Public Works and according to the specifica- tions 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 construc- ted 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 sub- division and the aforementioned lands outside the sub- division 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 inadequate 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, or, in the discretion of the Director of Public Works, contribute to the cost of the provision of adequate outlets. If con- tribution is required, the amount of such contribu- tion shall be determined by the Director of Public Works on a pro-rated lots - serviced basis, and shall be paid by the Owner within 30 days of receiving the Town's invoice therefor. The Town may connect or authorize connection into any part of the system but such connection shall not con- stitute acceptance of the sewer system by the Town. i, - 4 - PART II - SFRVIC}:S (Cont'd) 5. ROADS - ROUGH GRADE Prior to the installation or construction of the rele- vant 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 as Block "B" on the plan of subdivision. The Owner fur- ther agrees to keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. 5. ROADS - PAVP,D The Owner agrees to construct all the roads shown on the sai.d plan of subdivision, including Block, "B", according to the specifications for paved roads of the Town in effect at the date hereof includinq -.uch boundary or approach roads as may be necessary to pro- vide an adequate access. The specifications for boulevard grading, sidewalks and sodding sha21 apply to existing ro;:8s adjacent to the said plan of subdi- vision. The O-.aner covenants and agrees that until assumption by the Town, it will maintain and repair streets both within and outride the subdivision where construction has taken place or is used by traffic enteri: g th^ subdi aisio i an Z keep th m ?l r, • of dusi . refuse, rubbish, or other litter of all types. The owner will erect aria maintain adequate signs to warn all persons 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 Public 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 granular 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 specifications of the Town. 8. CURBS & GUTTERS The Owner agrees to construct curbs and gutters on all the roads, including Block "B", shown on the said plan of subdivision, including such curbs and gutters as are considered necessary on all roads adjacent to the said plan of subdivision, according to the specifica- tions 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 correc- tly with respect to a driveway, the Owner shall con- struct a curb depression in the correct location and fill in the original. curb depression according to the said specifications. i PART II - SKRVIC}.S (Cont'd) 9. SIDEWALKS The Owner agrees to construct sidewalks on both sides of all roads, including Block "B", shown on the said plan of subdivision including such sidewalks as are considered 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. UNDE'ZCROUND ELRCTRTC DISTRTBUTTON & STREET LIGHTING Underground electric distribution services shall be provided for all lots and blocks within the subdivision according to the standards and specifications of the appropriate authority. The Owner shall make such fin- anciai arrangements as may be required to ensure the construction of those services. The Owner agrees to pay all costs of installation of street lighting, in- eluding poles and other necessary 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 standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. The'instal- lation of a3l works provided for in this clause shall be constructed wider i.he supervision and i1 open Live vi the aforesaid authority. 11. INSPECTION OF WORK All works required to be constructed by the Owner shall be installed under the observation of Inspectors em- ployed by the Town and the Owner agrees to pay the costs incurred (Salaries and Expense) therefor 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 Liabil- ity 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 the said policy shall be as set out in Schedule "B" hereto. In the event any renewal premium is not paid, the Town, in order to pre- vent 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 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 Liability Insurarce Policy shall not lapse. l; PART II - SERVICES (Cont'd) 13.. P} RFORiaJ•.NCE & MAINTENIANCE GUARANTEE Before coranencing any of the work provided for herein, the owner shall supply the Town with a 100% Perform- ance and Maintenance Bond in form satisfactory to the Town and in an amount determined by the Town of Pick- ering, sufficient to guarantee the satisfactory com- pletion of the work and to guarantee the workmanship and materials for a period of two (2) years from the date that Lhe said works are approved in writing, by the Director of Public Works. Such Performance and Maintenance Guarantee 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, cast, or letter of credit and such application shall be made to the Man- ager and such reduction may he granted upon written verification of the Director of Public Works that the services for which reduction is being sought have been satisfactorily co)-opleted, provided such reduction shull not re,..uce the amount of the security to any iii:?punt. less than ten pe;- cent (10%) of the original value, which ten per cent portion sha]_l. apply as tho 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. 14. DPJTINAGE - SODDING The Croner agrees to provide the Town, prior to the commencement of the development of the subdivision, faith a Grading Control Plan prepared by the Owner's Consulting Engineer establishing the proposed grading of the lands to provide for the proper drainage there- of and the drainage of all adjacent lands which drain through the said subdivision. The said Grading Con- trol 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 Grading Control Plan under the supervision of the Owner's Consulting Engineer. If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the subdivision by the 5bwn, 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. INCOBIPLETED 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 i.s improp- erly performing the ,r-rk, or shall the Owner neglect ;i 11LM 3 - 7 - PART II - SERVICES (Cont'd) 15. INCO!•7137.rTF,D OR FAUL'PY 11ORH (Cont'd) or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agree- ment 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 rejec- ted 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 writing of such default or neglect and if such notification be wi.1_hout effect within ten (10) clear days after such notice, then in.that case the Direc- tor of Public Works shall thereupon have full author- ity and power immediately to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper comple- tion 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 management fee Of twcntS p"r :t a l.'b u and 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 assuming by the owner of the obligations imposed by this paragraph is one of the considerations, with- out which the Town would not have executed this Agree- ment. 16. GENERAL PROVISIONS - SERVICES The owner agrees with the Town: (a) Paving of Driveway Approaches To pav4_ the driveway approaches between the curb and sidewalk, it being understood that the sidewalks are normally located three feet from the property line. (b) Ontario Hydro Rights-of-Way In the event that a right-of-way of Ontario Hydro passes through or is immediately adja- cent 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. I Li vi • i- o - e - PART II - SERVICES (Cont'cl) lf,. GENERAL PROVISION'S - SERVICES (Cont'd) I (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. (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 Auth- ority respon:;ible for such lands. The Owner shall, on request, supply the Town with an acknowledge.oent from such Author- ity of the Owner's corripliancc with the terms of this clause. The O\,mcr further agrees that there shall he no burning of refuse or debris upon his lands or any public lands. (e) Qualitative or Quantitative Tests (f) The I)i.rect.or of rubl.ic Works may have qualitative or qua: titati-vc tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agree- ment, and the cost of such tests shal.l be paid by the Owner within ten (10) days of the account being rendered by the Town. Relocation of Services To pay the cost of relocating any existing services and utilities caused by the sub- division work within ten (10) days of the account for same being rendered by the Town. The Owner further agrees to pay similarly the cost of moving any services or utilities installed under this Agree- ment 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 walk- way, to construct it according to plans and specifications approved by the Direc- tor of Public Works. (h) Specifications Unless otherwise provided to perform any work required to be done under this A,Iree- ment to the si- tfications of the Town in effect at the date hereof. 9 I I? ITEM 9 - S173NVIC)"S (Cont'd) 16. GENERAL PROVISIONS - SERVTCES (Cont'd) (i) Temporary Signs To provide and erect at its own cost, temp- orary street signs at locations designated by the Director of Public works and to erect signs denoting the future use of lands wi.th- i.n the subdivision not scheduled for immed- iate development and such signs shall be according to the specifications of the Town. (j) Permanent Simians To provide and erect at his own cost, perm- anent signs at locations designated by the Director of Public Works to the specifica- tions of the Town. (Y,) Enai:veering Drawings Prior to the final acceptance of the subdi- vision, to supply the Town with the original dral,inys of the Engineering Works for the subdivision, with amendments, if any, noted thereon. (1) ?n^.q b?,-.,ai nrt f Cnnrl i na Of Roads If, in the opinion of the Director of Public Wor}:s, the condition of the road surface is not acceptable to him for winter control, to snow plow and sand such roads from such occu- pied 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. (m) Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the com- pletion of the subdivision work, he has found all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points- of change in direction of streets on the, registered plan. I ++ .? - ]0 - PART IIS - CONSTRUCTION & OCCUPANCY OF 13131TA) dCS 17. CONSTRUCTION 4 OCCU?A?dCY OF BUILDINGS (a) The O•::ner agrees that no building permit shall. be issued for any building in a Stage of the subdivision until sewer and water facilities are available for that Stage, and in the opinion of the Director of Pub- lic Works, capable of providing adequate service to that Stage. (b) The Owner further agrees that, prior to the issuance of any building permit for any building to be constructed upon any lot in the plan, it shall remove, 'at its own . expense, all existing structures presently located on that lot. (c) The Ocener further agrees that no building in the subdi_vi::ion shall be occupied except on the foli.oeirg conditions: (i) Sewer and water facilities are installed and in operation to adequatc;ly serve such building; (ii) A municipal occupancy permit has bc-,:?n issued; (iii.) F..lect.ric service is completed and in operation; and (iv) Curbs have been constructed and an asphalt base laid on the road immediately in front of the building and both ex- tended to an existing main- tained public road. (d) The Owner agrees with the Town that should any building in the subdivision be occupied in contravention of any or all of the pro- visions contained in subsection (c), above, then in that event the Owner shall pay to the Town the sum of $1,500 for each build- ing 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 re- lease from the provisions of this subsection with respect to that lot or block. (e) 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. PART III - CONST30UCT1ON & OCCUPANCY OF BUILDINGS (Cont'd) 1 18. TI1ME LIMIT FOR CONISTRUCTION OF HOMES The Owner agrees to construct or cause to be construc- ted twelve (12) housing units which shall be completed as follows: Stage I - four (4) housing units, which shall be completed within two (2) years of the date of registration of the final plan. Stage II - eight (8) housing units, which shall be completed within two (2) years of storm sewer facilities becoming available for Lots 1 to 8 inclusive. 1 till - '1,:3 12 - PART IV - FINANCIAL MATTERS 19. 20 FINANCIAL PhYJ*NTS. The Owner agrees to pay to the Town the sum of $1,500 for each dwelling unit for which a building permit is received. No building permit shall be issued for any dwelling units 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 five (S) years from the date of registration of the plan. A letter from the Clerk of the Town advising that tlv^ unit levy has been paid shall he deemed to be a release of this section for the lands referred to in the said letter. LETTER OF' CRBDI:P (1) The Owner shall, immediately prior to the regi.stri_tion of the plan, deposit with the Tox,,n an irrevocable bank letter of credi.t payable to the Town, in a form satislac- tory to the Town, for the snm of $6,000 a- security for: (a) the payments referred to in Sec- tion 19 hereof, and, (b) the payment of liquidated damages referred to in subsection (d) of Section 17 hereof, insofar as such payments and damages relate to* those lots in Stage I in the plan. (2) The Owner shall, prior to the first build- ing permit for any lot in Stage IT in 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 $12,000 as security for: (a). the payments referred to in Sec- tion 19 hereof, and, (b) the payment of liquidated damages referred to in subsection (d) of Section 17 hereof, insofar as such payments and damages relate to those lots in Stage IT in the plan. 21. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes . 1.1 fill 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. li IILIVI ??? - 13 - PART IV - FINANCIAL MATTERS (Cont'd) 21. GENEW0, PROVISIONS - FINANCIAL PLATTERS (Cont'd) (b) Local Improvements Prior to the release of the plan for regis- tration to prepay any outstanding local improvement charges which are levied against any of the lands on the said plan of subdi- vision. (c) Interest ;interest at the rate (14€.) per annum shall Owner to the Town on able herein which are dates calculated from (d) Registration Fees of fourteen per cent be payable by the all sums of money pay- not paid on the due such due dates. The Owner agrees to pay all registration cost incurred by the Town relating in any way to the registration of the plan of sub- division 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 Ueclaraiiun L11"L all account- ror work. and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connec- tion with such work done or material sup- Dlied for or on behalf of the owner in con- nection with the subdivision or if such claims do exist, the Owner agrees to indem- nify the Town against any claims, actions, or demands for mechanics' liens or otherwise and all costs in connection therewith. 22. 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 r Agreement, the Owner shall provide 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 tc 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. 23. TERMINATION OF LEVY/OCCUPANCY SECURITY The letter of credit required to be deposited with the Town pursuant to the provisions of section <0, abovPr 1. ITEM ;i - 14 - PART IV - FltIANCIAT, h:A'I" EPS (Cont'd) 23. TF.RMINh'PION'OF LEVY/OCCUP7cNCY SECURITY" may, notwithstandi.no the provisions of section 22, above, be terminated or cancelled by the G„ner at any time after the Municipal Occupancy Permit for the last dwelling to be constructed on these lands has been issued by the Tom. 0, 7 , ,..I ITEM PART V - PARY.S 24 5 PARK DEDICATION - CASH IN LIEU THFRFOF The Owner agrees that, prior to the plan herein, it shall nay to Seven Thousand Three Hundred and ($7,350) in cash, in lieu of the land, and the Town hereby agrees for that purpose. FENCING - OPEN SPACE the registration of the Town the sum of Fifty Dollars dedication of park- to accept such sum The Owner shall be required to place and maintain a temporary fence along all boundaries of existing or proposed parkland, open space or walkways, within the subdivision or adjacent to it, prior to the coJmnence- rent of any construction, including rough grading in the subdivision. Upon completion of final lot grad- ing and seeding or sodding the lands in the subdivi- sion, the Owner shall erect a permanent fence along all boundaries of parkland, open space or walkways within or adjacent to the lands in the subdi.vi.sien. Such fence shall be six feet high and constructed of nine gauge galvanized, steel link fencing with maxi- mum two inch mesh, unless substitution is authorized in writing by the Director of Parks and Recreation. a? a `S ? 3 - 16 - PART VI GYNF,R7?L RROUIRF.;•SF:NTS 26•:•• LICENCE TO.ENTF._R 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. 27. CANCELLATION OF AGREETIFNT In the event the plan of subdivision is not regis- tered on or before April 3rd, 1_979, the Town may, at its option on one month's notice to the Owner, decl<.re this Agreement to be null and void. 26. INIOTICE IIYny notice required to be given hereunder may he given by registered mail addressed to the other Party at its principal place of business.anc? shall be ef.fcc- ti.ve as of the date of the deposit thereof in the Post Office. n n.r?nirr?r<nr.>>.ir?rr?c 'The Encumljrancers agree with the Town that this k•,rce- nent shall have priority over and talc precedence over any righ-'s or interests they may have in the lands affected hereby, whether or not any 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. 30. , INTERPRETATION (a) 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. (b) The provisions attached hereto Agreement. in Schedules "A" and "B" shall form part of this (c) Time shall be of the essence of this Agree- ment. (d) This Agreement and everything herein con- tained shall enure to the benefit of and be binding upon the parties hereto, their successors and assigns. ITEM '13 - 17 - IN WITNESS WHERFOF the said Parities have hereunto affixed their corporate Scat.; attested to by the hands of their pzoh r officer in that behalf fully authorized. SIGNED, SEALED and DELIVERED HOLLINGFR CONSTRUCTION LIMITED Per: Per: 'YiIE CORPORATION OF THE TOWN O1' 1=]:CP.Eit?1'C yor Per: Per: fl ENI III SCHEDUIX "A" 1. T IJ;E L11,IT YOR WORY. & GUANJ?NTEE FOR WORST; I NS)3IP & 1 MPFRIALS Save as herein otherwise provided, the Owner agrees to complete the works required under this T,nrcc_n,ent within the time limits specified in the Table set_ o,lt below . and to guarantee the workmanship and materials for a period of two (2) years from the date that the said works are apnrovcd in writing by the Director of Public Works. Any work other than that specific.ally provided for in the Table shall be completed within the time limit provided for herein for aboveground services. TABLE Works Time Limit for Completion (sue) Underground One year from the date of Services the regi-stra9-i-on of the final plan of subdivi.sioi, (b) Aboveground Two years from the date Services of the registration ol the final plan of subcli- vision 2. S kC.Ti2G OT' DEVELOPM'J.'NT (a) 'The Toti:vl agrees to permit the O?:°ncr to dev- mlop the sub i.vision in two (2) Stages, Stage I being the development of Lots 9-12, rt- 1YIeJ.uSi\%v, F_n ..c^C• t i l?n-0.1'? L1IL U:]vL?•.• Yrient of Lots 1--8, inclusive. W 'The development of Lots 9-12 (Stage 1) shall include the development of the adjacent goad allowances as provided for in this Agreement .and shall be subject to the Time Lir,2its for Completion set out in the Table in section 1 of this Schedule. (c) The development of Lots 1-8 (Stage II) shall include the development of the adjacent road allowances, including the proposed read shown on the draft plan, as provided for in this Agreement, and shall be subject to the provi- sions of section 1 of this Schedule except that the Time Limits for Completion shall he as set out in the following Table: TABLE Works Time Limit for Completion (a) Underground One year from the date Services that storm sewer facili- ties become available for Stage 11 (b) Aboveground Two years from the date Services that storm sewer facil- ities become available for Stage 11