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HomeMy WebLinkAboutBy-law 3290/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3290789 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of parts of Lots 12 and 13, Plan 228, Picketing (Draft Plan 18T-88036; 557351 Ontario Limited). WHEREAS, a proposal to subdivide and register a plan of subdivision of parts of Lots 12 and 13, Plan 228, Picketing, has been approved by the Council of The Corporation of the Town of Pickering and by the Commissioner of Planning of the Regional Municipality of Durham, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement with The Corporation of the Town of Pickering, pursuant to section 50(6) of the Planning Act, 1983, S.O. 1983, chapter 1; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 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 those parts of Lots 12 and 13, Plan 228, Picketing, included in Draft Plan 18T-88036 (557351 Ontario Limited). BY-LAW read a first, second and third time and finally passed this 6th day of No- vember, 1989, Wa yne- A r tz~fir s, '~a~f(~r ~- /'BrAe Tayl~, C1)~rk TOWN OF THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3290/89 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of parts of Lots 12 and 13, Plan 228, Picketing (Dra£t Plan 18T-88030; 557351 Ontario Limited). WHEREAS, a proposal to subdivide and register a plan of subdivision of parts of Lots 12 and 13, Plan 228, Picketing, has been approved by the Council of The Corporation of the Town of Picketing and by the Commissioner of Planning of the Regional Municipality of Durham, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement with The Corporation of the Town of Pickering, pursuant to section 50(6) of the Planning Act, 1983, S.O. 1983, chapter 1; 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 those parts of Lots 12 and 13, Plan 228, Picketing, included in Draft Plan 18T-88036 (557351 Ontario Limited). BY-LAW read a first, second and third time and finally passed this 6th day of No- vember, 1989. Wayne-~Ar t~fir s, ~I~a~ SCHEDULE THIS AGREEMENT made this 16th day of October, 1989. BETWEEN: 557351 ONTARIO 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. WHEREAS, the Owner proposes to subdivide parts of Lots 1Z and 13, Plan 228, in the Town of Picketing in the Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-88036; NOW THEREFORE, THIS AGREEMENT WITNESSETH, 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 10, both inclusive, and Blocks 11 to 14, both inclusive, Plan 40M- , Picketing. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before June 30, 1990, 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. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office, 4. INTERPRETATION (1) Whenever in this Agreement the word "Owner", or "Encumbrancer" and the pronoun "it" is used, it shah be read and construed as "Owner or Owners", "Encumbrancer or Encumbrancers" and "his", "her" or "them" respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedule A attached hereto shall form part of this Agreement. 5, TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their heirs, executors, administrators, successors and assigns. 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands 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 Pickering, 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 plan 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 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 allowance shown on the plan of subdivi- sion. (2) The Owner shah keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. ROADS - PAVED (1) The Owner shall construct the road shown on the plan of subdivision 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 road in the plan that the maintenance of it has not been assumed by the Town from the time that it is opened until formal assump- tion by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the road to be con- structed pursuant to section 12, according to the specifications of the Town in effect at the date hereof and shall maintain them until 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 fill in the original curb depression according to the specifications. 14. SIDEWALKS (1) The Owner shall construct the fo]lowing segments of sidewalk, in each case within six months immediately foHowin§ the occupancy of the first dwelling unit to be occupied on any lot or block adjacent to that segment, despite the provisions of section 1 of Schedule A: (a) adjacent to Lots 1 to 5, Block 16 and Lot 6 on the north side of Fiddlers Court~ (b) adjacent to Part 6, Plan 40R-11813 and Lots 7 to 10 and Block 11 on the south and west sides of Fiddlers Court. (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 segment 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 in the plan, it shall be provided underground and in accordance with the standards and specifications of Pickering tlydro-Electric Commission, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (1) The Owner shall install street lights, including poles and other necessary appurtenances, on the street in the plan. (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 Picketing Hydro-Electric Commission. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $350 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 shall 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 Policy 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 Policy, 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 Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, 4 (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 Director of Public Works. (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 (35%) 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 court; 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 subject 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 Specifications in effect at the date of this Agree- ment, 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 suit- able swales and catch basins to manage adequately, in the opinion of the Town's Director of Community Services and Facilities, 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 Community Services and Facilities. (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. Despite any time limit otherwise applicable pursuant to section ! of Sched- ule A, the Owner shall sod 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 first 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 further, 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 assum- ing by the Owner of the obligations imposed by this paragraph is one o£ the considerations, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Fiddlers Court as public highway upon the registra- tion of the plan. 23. TRANSFERS - CONVEYANCES (1), The Owner shall convey 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, all of, (a) Block 16 (walkway); (b) Blocks 17, 18 and 20 (Fiddlers Court reserves); and (c) Block 15 (future road). (7,) Notwithstanding the provisions of subsection (1), a transfer required therein shah not be deemed to be subject to an encumbrance if 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 - EASEYENTS (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 water drainage and management facilities both within the boundaries of the plan of subdivision and across ]ands adjacent thereto but outside its boundaries. (2) Such easements sha~l be subject to the approval of the Director of Public 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. (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 from 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) Qua. litative 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. (e) Relocation of Services (i) To pay the cost of relocatin/~ any existing services and utilities caused by the subdivision work within 30 days of the account for same being rendered by the Town. (ii) Similarly 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. (£) 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 hereo£. (g) Temporary Si[~ns 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. (h) Permanent Si[~ns 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. (i) Engineering Drawin[~s Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivi- sion, with amendments, if any~ noted thereon. (j) Snow Plowin[~ & Sandin~ of Roads (i) If, in the 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 TownSs 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. (k) Surve), 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. 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 road is formally assumed by the Town. 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. 28. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of, (a) $2,875 per unit if paid in 1989; (b) $3,050 per unit if paid in 1990; (c) $3,250 per unit if paid in 1991, for each dwelling unit to be erected in the Plan. (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) In any event, the Owner shall pay all levies payable under the provisions of this section in full no later than 18 months from the date of registra- tion of the plan. (4) 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. 29. 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 $32,500 as security for the payments referred to in section 28 hereof. 30. 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) 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. (c) 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. (d) 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. 31. EXPIRY OF SECURITIES (i) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner shall i0 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. 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. 32. PROVISION OF PARKLAND Prior to the registration of the plan, the Owner shall pay to the Town the sum of $18,375 as a parkland contribution respecting the development of Lots 1 to 10. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 10 trees 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 10 trees to be planted, the Owner shall pay to the Town $150 for every tree which cannot be planted for tree planting in a public land area within the community in which the plan is located. 34. 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 the approval of the Director of Community Services and Facilities, 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 Policy in effect at the date hereof. (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 Community Services and Facilities, 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 species determined by the DirectorI such replacement shall be at no cost to the Town. (6) The Owner's liability under subsection (5) shall continue until, (a) where the lands upon which the tree is located comprise a res- idential building lot or block, twelve months after the completion of the sodding on the lot or block, 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 Schedule A of this Agreement. 11 IN WITNESS WHEREOF, the Owner has hereunto affixed his hand and seal and the Town has hereunto affixed its corporate seal attested to by the hands of its au- thorized officers. SIGNED, SEALED & DELIVERED 557351 ONTARIO LIMITED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk ENCUMBRANCER DORA KLYM AND ROSE KLYM This Agreement shall have priority over and take precedence over all of the rights or interest of Dora Klym and Rose Klym or either of them whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right of 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. Dated at , this day of , 1989. SIGNED, SEALED & DELIVERED In the presence of Dora Klym Rose Klym 12 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & 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 undertake preservicing limited to earthworks (including preliminary grading, soil movement and storage) only with the prior written approval o£ 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 liability insurance policy pursuant to section 18; (c) provided a Grading Control Plan submission pursuant to section 20 which has been approved, subject only to the provision of corrected drawings, by the authorities referred to in section 20(3); and (d) submitted a Tree Preservation Program pursuant to section 34 which has been approved by the authority referred to in section 34(2). (3) 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 liability insurance policy pursuant to section 18; (c) supplied a satisfactory performance and maintenance security pursuant to section 19; (d) provided a Grading Control Plan submission pursuant to section 20 which has been approved, subject only to the provision of corrected drawings, by the authorities referred to in section 20(3); and (e) submitted a Tree Preservation Program pursuant to section 34 which has been approved by the authority referred to in sub- section 34(2). (4) Despite the provisions of subsections (2) and (3), 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, A-1 (5) 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 subsections (2) or (4), or both) has occurred with or without the Town's approval, or (b) within two years of that date if no preservicing (except pre-servicing limited to that described in subsections (2) or (4), or both) has occurred. (6) 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. TEMPORARY TURNING CIRCLES (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, (a) Fiddlers Court immediately north of Block 14. (2) As the temporary turning circle referred to in subsection (1) will be required only if the sequence of construction in this plan and adiacent plans warrants it, the Director of Public Works may waive the con- struction of the turning circle, at his sole discretion, if that sequence does not warrant it. The Owner shall remove, at its sole expense and to the Town's specifica- tions, any temporary turning circle located immediately ad}scent 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. 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. 4. RESERVED FUTURE DEVELOPMENT BLOCKS - BLOCKS 11 to 14 (1) Blocks 11 to 14 shall be reserved for future residential development in conjunction with abutting lands; such development shall not commence without the prior written approval of the Town which may be subject to conditions, including, but not necessarily limited to conditions respecting the development of lands to the south thereof. (2) Until such time as Blocks 11 to 14 are developed, the Owner shall main- tain them in a clean and orderly condition to the satisfaction of the Town. A-2 5. DWELLING UNIT COUNT (1) In the event that more than 10 units (1 each on Lots 1 to 10) are to be constructed in this plan pursuant to this Agreement, an amendment to this Agreement shall be required. (2) In the event that less than 10 units (as described in subsection (1)) are to be constructed in this plan pursuant to this Agreement, (a) the amounts payable to the Town pursuant to sections 17(1) and 32, and (b) the amount of the security to be provided to the Town pursuant to section 29, shall be pro-rated accordingly by the Town without an amendment to this Agreement. 6. FENCING AND WALKWAY (1) Prior to the commencement of development of the plan, the Owner shall erect a temporary fence along the north boundary of the plan adjacent to Lots 1 to 6 and Block 16 and shall maintain that fence in place until the fence required under subsection (2) is erected. (2) Despite any time limit otherwise applicable pursuant to section 1 of Sched- ule A, prior to the occupancy of the first dwelling unit to be occupied on any of Lots 1 to 6, the Owner shall erect a permanent galvanized chain link fence 1.8 metres high, having 0.05 metre 9 gauge mesh, along the boundary of the plan adjacent to Lots 1 to 6, (3) Desptte any time limit otherwise applicable pursuant to section 1 of Sched- ule A, prior to the occupancy of the first dwelling unit to he occupied on Lot 5 or 6, the Owner shall erect a chain link fence, to the same speci- fications as that described in subsection (2), along the east lot line of Lot 5 and the west lot line of Lot 6 and shall construct a concrete walk- way, including vehicle barriers, to the Town's specifications therefor, along the entire length of Block 16, such walkway extending to the street sidewalk to be constructed adjacent to the Block on Fiddlers Court. (4) Despite the provisions of subsections (2) and (3), where the occupancy of the first dwelling unit occurs in November or December of any year the time limit for the erection of the fence, walkway, or both, shall be extended to June 30th of the following year. (5) The permanent fencing required to be constructed pursuant to sub- sections (2) and (3) shall be constructed so as to meet or exceed the requirements for swimming pool enclosures as set out in Part II of the Town's By-Law 425/76, as amended from time to time, or any successor thereto. 7. CONTRIBUTION TO DOWNSTREAM SERVICE COSTS The Owner shall immediately prior to the registration of the plan, pay to, (a) Alastalr Mackay Realty Inc., the sum of $2,570; (b) Meadowcliffe Homes, the sum of $3,876, being the portions of the costs to those companies of the acquisition of the Altona Road Detention Pond (Mackay Realty) and the construction of the Altona Road Detention Pond (Meadowcliffe) which benefit the lands in this plan. 8, CONTRIBUTION TO ALTONA ROAD SERVICES Prior to the registration of the plan, the Owner shall pay to the Town the sum of $4,347 and $2,155, being the Owner's contribution to the Town's future cost of providing a sidewalk and street light upgrading on Altona Road (east side) adjacent to the plan and to Part 6, Plan 40R-11813. A-4 SCHEDULE B 1. FUTURE CONTRIBUTIONS TO SHARED SERVICE COSTS (1) Within 60 days of the acknowledgement, by the Town's Director of Public Works, of the completion of, (a) the storm sewer on Fiddlers Court, as provided for in section 10 of this Agreement; (b) the road on Fiddlers Court, as provided for in sections ll and 12 of this Agreement; (c) the curbs and gutters on Fiddlers Court, as provided for in section 13 of this Agreement; (d) the street lighting on Fiddlers Court as provided for in section 16 of this Agreement, the Owner's consulting engineer shall provide to the Town, in a form satisfactory to the Town, a detailed summary of the actual cost, to the Owner, of the storm sewer, road, curbs and gutters and street lighting. (2) Within 30 days of the receipt by the Town of the summary referred to in subsection (1), in a form satisfactory to the Town, the Town Manager shall determine and notify the Owner, in writing, of the following: (a) the area of the lands, if any, outside the plan of subdivision that the works shall be deemed to benefit (the "benefitting lands") for the purposes of this section and the conditions, if any, under which such lands shall continue to be benefitting lands; (b) the portion of the Owner's actual cost, referred to in subsection (1), that the Town shall deem to be applicable to the benefitting lands (the "shared cost") for the purposes of this section; and (c) the method ar methods that shall be employed to pro-rate the shared cost to the benefitting lands, and that determination shall be final. (3). In the event that the benefitting lands, or any part thereof, are to be developed by plan of subdivision, plan of condominium or any other method requiring a development agreement, then the Town shall endea- your to ensure that the owner thereof pays to the Owner herein, prior to the development of those lands, all or an appropriate portion of the shared cost, (a) calculated according to the method or methods referred to in subsection (2), and (b) adjusted annually, for a maximum of five years from the date of notification ' referred to in subsection (2), according to the Southam Construction Cost Index for Ontario, composite portion. (4) In consideration of the Town approving the plan of subdivision and entering into this Agreement with this section included, the Owner here- .by, (a) remises, releases and forever discharges, and (b) al~rees to indemnify and save harmless, B-1 the Town, its officers and employees and their respective heirs, execu- tors, administrators, successors and assigns, of and from ail all actions causes of action, accounts, claims, debts, damages, demands, and costs associated therewith, arising, to arise or which may hereafter be brought against them, or any of them, by or on behalf of the Owner, or any other person, because of the provisions of this section or any error, omission, failure or negligence in the application thereof. 2. PRELIMINARY ESTIMATES (1) Notwithstanding the provisions of subsection 1(2) of this Schedule, the summary referred to therein may be provided to the Town in the form of preliminary estimates prior to the completion of the works in question, but, if such preliminary estimates are provided, a detailed summary of actual cost must be provided in accordance with subsection 1(2) or the Town's obligations under this Schedule shall cease. (2) The provisions of subsections 1(3), 1(4) and 1(5) shall apply to all preliminary estimates provided, mutatis mutandis, but all determinations resulting therefrom shall be subject to confirmation or adjustment, at the Town Manager's sole discretion, upon the Owner's consulting engineer providing to the Town the detailed summary of actual cost in accordance with section 1(2). B-2