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HomeMy WebLinkAboutBy-law 2791/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2791/88 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 30, Concession 1, Picketing (Draft Plan 18T-87051; Cougs Investments Ltd.) WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 30, Concession 1, Picketing, has been approved by the Council of The Corporation of the Town of Picketing and the Regional Municipality of Durham, subject to several con- ditions, one of which requires the entering into of a satisfactory Subdivision Agree- ment with The Corporation of the Town of Picketing; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree- ment, in the form attached hereto as Schedule A, respecting the development of that part of Lot 30, Concession 1, Pickerlng, included in Draft Plan 18T-87051 (Cougs Investments Ltd.). BY-LAW read a first, second and third time and finally passed this 6th day of June, 1988. John E. Anderson, Mayor /'~ruce Taylor,/~1~ / TOWN OF PlCKERING APPROVED LEGAL D£P~, THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2791/88 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 30, Concession 1, Pickering (Draft Plan 18T-87051; Cougs Investments Ltd.) WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 30, Concession l, Pickering, has been approved by the Council of The Corporation of the Town of Picketing and the Regional Municipality of Durham, subject to several con- ditions, one of which requires the entering into of a satisfactory Subdivision Agree- ment with The Corporation of the Town of Pickering; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree- ment, in the form attached hereto as Schedule A, respecting the development of that part of Lot 30, Concession 1, Picketing, included in Draft Plan 18T-87051 (Cougs Investments Ltd.). BY-LAW read a first, second and third time and finally passed this 6th day of June, 1988. John E. Anderson, Mayor Bruce Taylor,/Uler~r/ ? TOWN OF PlCKERING APPROVED LEGAL 0£~ TltlS AGREEMENT made this day of , 1988. BETWEEN: COUGS INVESTMENTS LTD. hereinafter called the "Owner" OF TIlE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WlfEREAS the Owner proposes to subdivide part of Lot 30, Concession 1, in the Town of Pickering, in the Regional Municipality of Durham, and to register a plan of subdi- vision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-87051; NOW THEREFORE, TtlIS AGREEMENT WITNESSETII, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots 1 to 27, both inclusive, and Blocks 28, 29 and 30, Plan 40M- , Pickering. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 1988, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. 3. 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 ~he date of the deposit thereof in the Post Office. 4. iNTERPRETATION (1) Whenever in this Agreement the word "Owner", and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. 5. TIME Time shall be of the essence of this Agreement. 6. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. ?. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the [,ands in order to comply with the provisions of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and shall complete, perform or'make payment for such other matters as may be provided for herein. 9. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the plan of subdivision. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (1) The Owner shall construct a complete storm water drainage and manage- ment system, including storm connections to the street line and catch basin leads to service all the lands in the phm of subdivision and to provide capacity for lands upstream of the plan of 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 shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the aforementioned lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- sion, the Owner may be required to carry out such works as are neces- sary to provide an adequate outlet. (4) 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) No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdi- vision. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 12. ROADS - PAVED (1) The Owner shall construct the roads shown on the plan of subdivision and reconstruct Rosebank Road adjacent to the plan, according to the Town's specifications for paved roads of the Town in effect at the date hereof. (2) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan that the maintenance of them has not been assumed bY the Town from the time that they are opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the roads to be con- structed or reconstructed pursuant to section 12, according to the speci- fications of the Town in effect at the date hereof and shall maintain them unti! they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fil! in the original curb depression according to the specifications. 14. SIDEWALKS (1) The Owner shall construct the following segments of sidewalk, in each case within the six months immediately following the occupancy of the first dwelling unit to be occupied on any lot adjacent to that segment, despite any longer time limit otherwise applicable pursuant to section 1 of Schedule A: (a) adjacent to Lots 1, 2 and 3, on the east side of Saugeen Drive and the south side of Driftwood Court; (b) adjacent to Lot 14 on the east side of Saugeen Drive; and (c) adjacent to Lots 22 to 27 and Block 28 on the east side of Rosebank Road. (2) Despite the provisions of subsection (1), where the occupancy of the first dwelling unit occurs in November or December of any year, the time limit for construction of the adjacent sidewalk shall be extended to June 30 in the following year. (3) The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accor- dance with the standards and specifications of Pickering lIydro-Electric Commis- sion, Pickering Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGIITING (1) The Owner shall install street lights on each proposed street in the plan, and shall upgrade street lighting on Rosebank Road adjacent to the plan, including in each case poles and other necessary appurtenances where necessary. (2) Electrical service for street lighting shall be provided underground and not aboveground. (3) Street lighting and its related electrical service shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. (4) The installation of street lighting and its related services shall be under the supervision and inspection of Pickering Ilydro-Electric Commission. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $945 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16 shah be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 18. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Po]icy in form satisfactory to the Town, naming the Town as an insured and indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner in the plan of subdivision and elsewhere. (2) The amount of the Policy shall be $5,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Po]icy, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewal or renewals within 30 days of the account therefor being rendered by the Town. (4) It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 19. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the 4 Town and in an amount establisbed by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Town. (2) The Owner may, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (359o) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained By the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; and (c) seventeen per cent (17%) of the original value where, (i) a certificate of final completion has been made by the Owner's Consulting Engineer; : (ii) 45 days following the making of such certificate have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into cou.rt; which seventeen per cent (17%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the security shall be returned to the Owner subjedt to any deductions for rectification of deficiencies. (4) Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 20. DRAINAGE - SODDING (1) The Owner shall provide the Town, before commencing 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 grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage and Storm Water Management Specifications in effect at the date of this Agreement, and shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suitable swales and catch basins to manage adequately, in the opinion of the Town's Director of Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation and the Metropolitan Toronto and Region Conservation Authority. (4) The grading of all lands shall be carried out by the Owner in accordance with the approved Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. (6) Despite any time limit otherwise applicable pursuant to section I of Sched- ule A, the Owner shall ~od the front, side and rear yards of each of the residential lots and blocks except for paved, planted or treed areas, within the six months immediately following the occupancy of the dwelling unit erected thereon, unless such occupancy occurs in November or December of any year, in which case the time limit for such sodding shall be extended to June 30 in the following year. 21. INCOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the 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 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 notifica- tion be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. (2) In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Driftwood Court and Saugeen Drive as public high- ways upon the registration of the plan. 23. TRANSFERS - CONVEYANCES (1) The Owner shall convey Block 31 (Saugeen Drive reserve) to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration thereof. (2) Notwithstanding the provisions of subsection (1), above, the transfer required therein shall not be deemed to be subject to an encumbrance ii' that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. 24. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm sewer services both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (2) Such easements shall be subject to the approval of the Director of Puhlic Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1) 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. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and the lot line. (b) Continuation of Existing Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill front any public lands, other than in the actual construction of roads in the plan of subdivision without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (i). (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Construction Traffic Wherever possible, to ensure that construction traffic serving the devel- opment of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) Qualitative or Quantitative Tests The Director 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 30 days of the account being rendered by the Town. (f) Relocation of Services (i) To pay the cost of relocating any existing services and utilities caused by the subdivision work within 30 days of the account for same being rendered by the Town. (ii) Si[nilarly to 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, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (i) Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (j) Engineering Drawings Prior to the final acceptance of the ~ubdivision, to supply the Town with the original drawings of the engin,:':ring works for the plan of subdivi- sion, with amendments, if any, noted thereon. (k) Snow Plowing & Sanding of Roads (i) If, in tbe opinion of the Director of Public Works, the condition of the road surface is not acceptable for winter control, to snow plow and sand such roads from such occupied buildings to exist- ing Town roads or to subdivision roads that receive the Town's winter control service, including alternate means of access where available. (ii) Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. (1) Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found or re-established 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. 26. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (2) No building or part of a building in the subdivision shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric service is completed and in operation; (iii) An asphalt base has been laid on the road 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 con- structed on the said road and extend to an existing maintained public road. (4) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 27. DWELLING UNITS In the event that more or less than 27 dwelling units are to be constructed in the plan, an amendment to this Agreement shall be required. 28. DESIGN PLANNING (1) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architec- tural design objectives for the subdivision, which approval shall not be unreasonably withheld. (2) The report referred to in subsection (1) may be required, at the Direc- tor's option, to provide the following information: (a) house massing; (b) streetscape; (c) exterior materials and colours; (d) architectural style; (e) visual variety; (f) energy conservation measures; and (g) any other data or information required. (3) The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. (4) The plans and drawings referred to in subsection (3) 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 pre- served; (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. (5) Despite the generality of subsections (1), (2), (3) and (4), above, the report referred to in subsection (1) and the plans and drawings referred to in subsection (3) shall include details of driveway design (including location) and garage sizes for all residential lots and blocks in the plan. 29. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $2,500 per unit if paid before August 1, 1988, or $2,750 per unit if paid on or after August 1, 1988, for each dwelling unit to be erected in the plan, each payment to be made when the building permit for the unit is issued. (2) No building permit shall be issued for any dwelling unit unless payment of the unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. (3) Payments of such levies shall be made to the Town from time to time as building permits are required. (4) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than 18 months from the date of registration of the plan. (5) A letter from the Clerk of the Town advising that the unit levy has been paid shall be deemed to be a release of this section for the lands referred to in the said letter. 30. FINANCIAL SECURITY The Owner shall, immediately prior to the registration of the plan, deposit with the Town, a security payable to the Town, in a form satisfactory to the Town, for the sum of $74,250 as security for the payments referred to in section 29 hereof. 31. 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 plan of subdivi- sion, 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 in the plan of subdivision. (c) Interest To pay interest at the rate of eighteen 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. 10 (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 documen- tation, including 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 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 subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 32. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to' take effect upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 33. PROVISION OF PARKLAND Prior to the registration of the plan, the Owner shall pay to the Town the sum of $33,0?5, in full satisfaction of the Owner's obligation to provide parkland for Lots l to 27. 34. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 2? tr~es of a size and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. (3) The trees approved by the Town shall be planted by the Owner when the boulevard into which they are to be planted is sodded. (4) If the density is too great to enable 27 trees to be planted, the Owner shall pay to the Town $100 for every tree which cannot be planted for tree planting in a public land area within the community in which the plan is located. 35. TREE PRESERVATION (1) The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved. (2) The Program shall be submitted to the Director of Planning for review and approval, and, once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Program, the Director shall be governed by the Town Tree Preservation Po]icy in effect at the date hereof. ll (4) Until such time as the Program is approved, the Owner shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. (5) In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the opinion of the Town's Director of Parks and Recreation, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall replace that tree with a tree of a height, diameter and spe- cies determined by the Director; such replacement shall be at no cost to the Town. (6) The Owner's liability under subsection (5) shah continue until, (a) where the lands upon which the tree is located comprise a res- idential building lot, twelve months after the completion of the sodding on the lot, or (b) where the lands upon which the tree is located comprise lands other than a residential building lot, the expiry of the guarantee period referred to in section 1 of Scbedule A of this Agreement. IN WITNESS WflEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED COUGS INVESTMENTS LIMITED Jeremiah F. Coughlan, President TIlE CORPORATION OF TIlE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk 12 SCHEDULE A 1, TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHfP & MATERIALS (1) In this section, "preservicing" means the undertaking, prior to the registration of this plan of subdivision, of any works or services required to be undertaken by the provisions of this Agreement, on the Lands or on any lands adjacent thereto, and "preservice" has a corresponding meaning. (2) The Owner may preservice this project only with the prior written ap- proval of the Town which may be issued by the Town's Legal Services Department only after the Owner has, (a) executed this Agreement; (b) supplied a satisfactory performance and maintenance security pursuant to section 19; (c) supplied a satisfactory liability insurance policy pursuant to section 18; (d) provided a Grading Control Plan pursuant to section 20 which has been approved by the authorities referred to in subsection (3) of that section; (e) obtained the necessary permissions t'equired by section 24 where storm sewer easements are required; (f) submitted a Tree Preservation Program pursuant to section 36 which has been approved by the authority referred to in sub- section (2) of that section; and (g) submitted compl~ete engineering drawings for the project whict~ drawings have been approved by all relevant authorities. (3) Despite the provisions of subsection (2), preservicing limited to, (a) making soil quality and compaction tests, (b) surveying the boundaries of the Lands and of proposed lots, blocks and roads thereon, (c) marking existing and proposed grade elevations, (d) tests and examinations of the Lands necessary for the preparation of required pre-development studies, (e) compliance with an approved Tree Preservation Program, (f) lawful erection of permitted signs, or (g) any combination thereof, shall not require the prior written approval of the Town. (4) The Owner shall complete all works, services and requirements under this Agreement, (a) within one year of the date of registration of the plan of subdivi- sion if preservicing (except pre-servicing limited to that de- scribed in subsection (3), or site grading, soil movement and storage, or both) has occurred with or without the Town's ap- proval, or (b) within two years of that date if no preservicing (except pre-servicing limited to that described in subsection (3), or site grading, soil movement and storage, or both) has occurred. (5) The Owner shall guarantee all works, workmanship and materials employed or used in the construction, installation or completion of all works, ser- vices and requirements under this Agreement for a period of two years from the date that the works, services and requirements are approved in writing by the Town. 2. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 3. TEMPORARY TURNING CIRCLE (1) Notwithstanding the provisions of sections 11, 12 and 13 of this Agree- ment, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on Saugeen Drive, immediately south of Block 31. (2) The Owner shall remove, at its sole expense and to the Town's specifica- tions, any temporary turning circle located immediately adjacent to the plan on a public highway to be extended by the Owner into the plan, and shall replace any such circle with permanent services as if the highway were a road in the plan. (3) As the temporary turning circle referred to in subsection (1) will be required only if the sequence of construction in this plan and adjacent plans warrants it, the Director of Public Works may waive the con- struetion of the turning circle, at his sole discretion, if that sequence does not warrant it. 4. FUTURE DEVELOPMENT BLOCKS - BLOCKS 28 to 30 (1) The Owner shall reserve Blocks 28 to 30 for future residential develop- ment in conjunction with lands abutting them, and shall maintain those Blocks to the Town's satisfaction until developed. (2) No residential development of any of Blocks 28 to 30 shall occur without a prior amendment to this Agreement. A-2 SCHEDULE B 1. SPECIAL PROVISIONS REQUIRED BY THE COMMISSIONER OF PLANNING OF TIlE REGIONAL MUNICIPALITY OF DURHAM The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval, dated February 5, 1988, of Draft Plan 18T-87051 by the Commissioner of Planning of the Regional Municipality of Durham (the "Commissioner") and these sections are not intended to hind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any. way to any of the other provisions of this Agreement. 2. DURHAM BOARD OF EDUCATION The Owner shall insert the following clause in the sale and purchase agreement for each lot: "School children from this development may have to be accommodated at existing schools. Although a site in the area has been reserved for a school building, a new school may not be built for several years, if at all, and only then if it can be justified to the satisfaction of the Ministry of Education." 10. APPLICATION FOR RESONING AND DRAFT PLAN OF SUBDIVISION BY ~ COUGS INVESTMENTS LIMITED ON THE EAST SIDE OF ROSEBANK ROAD, SOUTH OF FINCH AVENUE FILE NUMBER - B 2310 - A 42/87 FILE NUMBER - B 4100 - 18T-87051 That Town Council recommend to Regional Council that Draft Plan of Subdivision 18T-87051, submitted by Cougs Investments Limited on lands being Part of Lot 30, Concession l, Town of Pickering be APPROVED, subject to the following conditions: 1. That this recommendation apply to the plan prepared by Design Plan Services Inc., dated June 17, lg87, drawing number C-8707-3, bearing the Town's recommendation stamp. 2. That the owner make satisfactory arrangements with the Town regarding the required parkland dedication. 3. That the owner enter into a subdivision agreement with and to the satisfaction of the Town. 4. That the owner make satisfactory arrangements regarding the provision of all services required by the Town. 5. That the owner agree to dedicate all road allowances with proper corner roundings and sight triangles to the Town. 6. That the owner agree to convey to the Town: a) a 3.048 metre road widening shown as Block 32 on the Council recommended plan for the widening of Rosebank Road; b) a 0.3 metre reserve along the north limit of Street "A", shown as Block 31 on the Council recommended plan; c) any other easements as required. 7. That Blocks 28, 29 and 30 be developed for residential purposes in conjunction with abutting lands and that these Blocks be maintained to the satisfaction of the Town until such time as they are developed. COUNCIL JAN 11 ~ 10. 8. That the owner make satisfactory' arrangements with the appropriate authorities regarding the provision of underground wiring, street lighting, cable television and other similar services. 9. That the streets within the draft plan be named to the satisfaction of the Town. 10. That the owner submit for approval by the Town, site plans and streetscape elevations showing the location and relationship of all buildings prior to the issuance of any building permits. 11. That prior to final registration of this plan, the owner: a) submit a Draft 40M-Plan to be approved by the Town Planning Department; b) submit a detailed tree inventory and preservation programme to the satisfaction of the Town and agree that no trees be removed until such time as this programme has been approved by the Town except as authorized by the Director of Parks and Recreation. c) satisfy the Director of Public Works regarding Simcoe Engineering's comments respecting stormwater management facilities including the necessary contribution to downstream Bramalea stormwater management facilities. 12. In accordance with Town policy, the owner provide for the upgrading of the Rosebank Road frontage across the subject property to full urban standards to the satisfaction of the Director of Public Works. 13. That the owner construct a temporary turning circle at the northern terminus of Street "A" (within their lands) to the satisfaction of the Director of Public Works. February 5, 1988 RECEIVED__ DURHAM FEB l ~ ~ur,... Planning Director SOLICITOR Pranni.g Town of Pickering IOWN OF oep.~m*,~ 1305 Picketing Pkwy. mo, 62~ Pi ckeri rig, Ontario 105 Consumers Dr. L1V 3P2 (416) 6~8-7731 Dear Si r: Comm~ss[o~e~o~,mamnimg Re: Proposed Plan of Subdivision Region of Durham File: 18T-87051/Also Quote Ref. No.: 4236 Owner: Cougs Investments Ltd. Municipality: Town of Pickerin9 The above draft plan of subdivision was approved today subject to the conditions attached herewith. A copy of the draft approved plan bearing the approval signature is also attached for your record. Please inform us when the applicant has met those conditions pertaining to the requirements of your municipality. It should be noted that we require a brief but complete statement indicating how each of the conditions, with which your municipality is concerned, has been satisfied. Your letter of clearance should be addressed to the undersigned with copy sent to the Clerk of the Regional Municipality of Durham at 605 Rossland Road East, P.O. Box 623, Whitby, Ontario, L1N 6~. Yours very truly, Franklin Wu, Manager Current Operations Branch. :SEE2/jad Encls. Conditions of Approval Draft Approved Plan chment to letter d~ February 5, 1988 : Dr.:M. Michael, Con~nissioner of Planning Cougs Investments Limited Plan of Subdivision 18T-87051 CONDITIONS OF ~PROVAL OF FINAL PLAN FOR REGISTRATION FOR THIS PL.~N OF SUBDIVISION ARE AS FOLLOWS: )That this approval applies to draft plan of subdivision 18T-87051, prepared by Design Plan Services Inc., identified as number C-8707-3 revised and dated June 17, 1987 which is revised in red as per attached plan showin~ 27 lots, 3 blocks to be developed with abutting lands, block for road widening and one 0.3 m reserve block.  That the road allowance included in this draft plan shall be dedicated as public highway.  That the road allowance this plan named to included in draft shall be the satisfaction of the Region of Durham and the Town of Pickering. ) That Block 32 shall be dedicated as public highway purpose for the of widening Rosebank Road. That a 0.3 metre reserve as shown as Block 31 shall be conveyed to the Town of Picketing. That the owner shall convey land to the Town of Picketing for park or other public recreational purposes in accordance with the Planning Act. Alternatively, the municipality may accept cash-in-lieu of such conveyance. That such easements as may be required for utilities, drainage and servicing purposes shall be granted to the appropriate authority. That the uses shown on the approved draft plan shall be zoned in an appropriate zoning by-law passed by the Council of the Town of Pickering in effect in accordance with the Planning Act. 9. That the owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within the limits of the plan which are required to service such plan. In addition, the owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to his subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed as per the standards and require~nts of the Region of Durham; all arrangements, financial and otherwise, for said extensions are to be to the satisfaction of the Region of Durham and are to be completed prior to final approval. -lO. That prior to entering into a subdivision agreement t~e'Region of Durham shall be satisfied that adequate water pollution control plant and water s~l~ly plant capacity are available to the proposed subdivision. That prior to final approval of the plan, the owner shall satisfy all requirements, financial and otherwise, of the Town of Picketing. This shall include, among other matters, execution of a subdivision agreement between the owner and the Town of Picketing, concerning the provision and installation of roads, services and drainage, and other local services. 12. That prior to final approval of the plan, the owner shall satisfy all requirements, financial and otherwise, of the Region of Durham. This shall include, among other matters, execution of a subdivision agreement between the owner and the Region of Durham concerning the provision and installation of sanitary sewer, water supply, roads and other regional services. That the subdivision agreement between the owner and the Town of '~.~/ Pickering shall contain, among other matters, the following provisions: a) The owner agrees to insert the following clause in the sale and purchase agreement for each lot: "School children from this development may have to be accommodated at existing schools. Although a site in the area has been reserved · for a school building, a new school may not be ~uilt for several years, if at'all, and only then if it can be justified to the satisfaction of the Ministry of Education." b) The owner agrees not to develop Blocks 28, 29 and BO for residential purposes except in conjunction with abutting lots and further agrees to maintain these blocks to the satisfaction of the Town until they are developed. 14. That prior to final approval, the Commissioner of Planning for the Region of Durham, shall be advised in writing by: a) Town of Picketing, how conditions 1, 2, 3, 4, 5, 6, 7, 8, 11 and 13 have been satisfied; b) Durham Board of Education, how condition 13 a) has been satisfied. TO DRAFT APPROVAL 1. As owner of the proposed subdivision, it is in your interest as well as your responsibility to satisfy all conditions of approval in an expeditious manner. 2. All plans of subdivision must be registered in the land titles system within the Durham Region. PROPERTY