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HomeMy WebLinkAboutBy-law 3480/90 THE CORPORATION OF THE TOWN OF PICKERING I~Y-LAW NO, 3480 Being a by-law to authorize the execution of a Subdivision Agreement between Brarnalea Limited and the Town providing for the development of Block 113, Plan 40M-1473, Picketing and part Lot 30, Concession 1, Pickering (Draft Plan 18T-88015) WHEREAS the proposal to subdivide and register a ]?lan of subdivision of Block ! 13, Plan 40M-1473, and part of Lot 30, Concession 1, Pickenng (Draft Plan 18T-88015) has been recommended for approval by The Council of the Corporation of the Town of Picketing and has been approved by the Commissioner of Plannin~ of the Regional Municipality of Durham, subject to conditions including a condition reqmring the entering into of a Subdivision Agreement between the owner of the lands and the Town pursuant to the provisions of the Planning Act 1983, S.O. 1983, Chapter 1, section 50(6); 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 Agreement in the form attached hereto as Schedule A between Bramalea Limited and The Corporation of the Town of Picketing respecting the development of part of Lot 30, Concession 1, Pickering and of Block 113, Plan 40M-1473, Picketing. (Draft Plan 18T-88015) BY-LAW read a first, second and third time and finally passed this 18th day of June, 1990. Wayne~Art~s~ MaWr r~ Bruce Taylor. Clerk THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO,3480 /90 Being a by-law to authorize the execution of a Subdivision Agreement between Bramalea Limited and the Town providing for the development of Block 113, Plan 40M-1473, Pickering and part Lot 30, Concession I, Pickering (Draft Plan 18T-88015) WHEREAS the proposal to subdivide and register a plan of subdivision of Block 113, Plan 40M-1473, and part of Lot 30, Concession 1, Picketing (Draft Plan 18T-88015) has been recommended for approval by The Council of the Corporation of the Town of Picketing and has been approved by the Commissioner of Planning of the Regional Municipality of Durham, subject to conditions including a condition requiring the entering into of a Subdivision Agreement between the owner of the lands and the Town pursuant to the provisions of the Planning Act 1983, S.O. 1983, Chapter 1, section 50(6); NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement in the form attached hereto as Schedule A between Bramalea Limited and The Corporation of the Town of Picketing respecting the development of part of Lot 30, Concession 1, Picketing and of Block 113, Plan 40M-1473, Picketing. (Draft Plan 18T-88015) BY-LAW read a first, second and third time and finally passed this 18th day of June, 1990. Wayne~Art~s~ MaWr .-, Bruce Taylo~le~ I TOWN CF [ PICKE,RING ,,, J _ --~ -- .~.___~,.. ~ , I ~ ~ l,~ff, ~ ~ ~ , - ~ ~ ~ ~ &~ i' '~ , , ,i Ill , ~ :~:..Iii""', ,l[lJl::lllii:i :,'i,~[ ': ' Th To f ke g ::, :Il: "'ii ~: ~: ~1 e wno Pic Fin " :,i ~ ':'" : ~ '~ LEGAL DEPARTMENT :; il I i ~J J[~ Bramalea Limited ~ ': ~J J~ ' - Block 113, Plan 40M-1473/Part Lo -. Lot 30, Con. 1 ~ - 18T-88015 CNT. ' i Town of Pickering PLANNING DEPARTMENT ----7- 1 .ro~,./ o.~l.t~o~ PT. LOT 30, CON. ow.,,~ BRAMALEA LTD. I o.(* APRIL 15 /88 o,.~. ny IDB The Town of LEGAL DEPARTMENT Bramalea Limited - Block 113, Plan 40M-1473/Part Lot 30, Con. 1 - 18T-88015 sCHEDULE A THIS SUBDMSION AGREEMENT made June 18th, 1990. BETWEEN: BRAMALEA 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 th.e Owner proposes to sub. divide Blo. ck 113, Plan 40M-1473, and part of Lot 30, Concession 1, 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-88015; 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. ~ The lands affected by this A[.reement (the "Lands") are Lots 1 to 26, both inclusive, and Block 27, Plan 40M- , rlckering. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 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. 3. NOTICE Any notice required to be given hereunde.r 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 shall be read a. nd construed as "Owner or Owners", "Encumbrancer or Encumbrancers".and "h~s', "her" or "them', re.spectively, and the number of the verb agreeing therevnth shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. 5. TIMl~ Time shall be of the essence of this Agreement. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their 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 vnththe provisions of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall co.m. plete at its own expense and in a good workmanlike manner, for the Town, all the mumctpal services as hereinafter set forth to the satisfaction of the Town, 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 Eng. ineer as the Consulting. Engineer of the Owner to .carry out all the necessary engineering and to supervise generally the work reqmred to be done for the development of the plan of subdivision. (2) Such Consulting Engineer, or an)' successor thereto, shall continue to be retained until the work provided for in thts Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (1) The Owner shall construct a co. mplete storm water drainage and management system, including storm connections to the.street line and.catch basin leads, to service all the lands in thepl.an, of subdi~s~on and .to provade capacity for lands upstream of the plan of subdivision, accordLn~g 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 acceptedby the Town. (2) Such system shall be construct.ed to an outlet or outlets according to designs approved by the Director.of.Pubhc Works and shall be of sufficient size and depth and at locations either w~thm 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 !nadequate stream or structure exist in the outlet system outside the plan of subdivasion, the Owner may be required to carry out such works as are necessary 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 authorized 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 hereto, the Owner shall rough grade to the Town's spe .d?yations to the full width, the proposed road allowances shown on the plan of subd~vtsion. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. -2- (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 m. aintain 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. 13. CURBS & GU-TIeRS (1) The Owner shall construct curbs and gutters on the roads to be constructed or reconstructed 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 driveway, 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 const, ruct t.he following segments of sidewalk in accordance with the time limits set out in section 1 of Schedule A: (a) on Rosebank Road adjacent to Lot 13; and (b) on Rosebank Road adjacent to Lot 14. (2) The Owner shall construct the following segments of sidewalk, in each case within six months immediately following 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) on Amberlea Road adjacent to Lots 1 to 7; (b) on Amberlea Road adjacent to Lots 8 to 13; (c) on Amberlea Road adjacent to Lots 14 to 18; and (d) on Saugeen Drive and Amberlea Road adjacent to Lot 26 and Lots 19 to 25. (3) Despite the provisions of subsection (2), where the occul~ancy 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. (4) The Owner shall maintain each sidewalk segment until it is formally accepted 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~d, ance with the standards and specifications of Pickenng Hydro-Electric Commission, Picketing Cable T.V. Limited or Bell Canada, as the case may be. -3- (1) The Owner shall install street lights, i.ncluding poles and other necessary appurtenances, on each proposed street m the plan and shall upgrade street lighting on Rosebank Road adjacent to 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 accord, an. ce with stan,dards established by the Town. and in conformity with the Assoc~ation 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 Hydro-Electric Commission. 17. (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 referred 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 administration fees. 18. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Certificate of Insurance verifying that a Liability Insurance Policy is in place in a form satisfactory to the Town, naming the Town as an insured and inderm~.ifying the To.wn 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 th.e Ow.ncr 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 OUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the O.wner shall supply the Town with a 60% performance and .maintenance security in a fo..tm satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or performance of the works; (b) guaranteeing the payment of any amounts payable to the Town under 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 -4- (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are complet.e.d and such completion acknowledged, in writing, by the Director of Pubhc Works. (2) The Owner .may, at any t/me after the first 50%, in value, of works .have. been const..ructed, installed.or performed, and paid for, apply for a reductton tn the security and such apphcation shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that t.he construction, installation or performance of the works for which reduction is being sought have been satisfactdrily c. ompleted 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 l!ens that may be claimed against any holdback required.to be retained by the Town have expired or have been saUsfied, discharged or provided for by payment 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 agaim, t any holdback required to be retained by the Town have exptred or have been satisfied, discharged or provided for by payment into court; which seventeen per cent (17%) portion sh.all secure the guarantee of works, workmanship and materials, until the obligation to guarantee has e.xpired, 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 - SQDDINQ (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 pro. posed grading of the lands to provide for the proper drainage thereof and the dratnage 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 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 thc installation by the Owner, at no cost to the Town, of suita.ble swales and catch basins to manage adequately, in the opinion of the Town's Dtrector of Community Services and Facilities, that surface run-off water. -5- (3) The .Grading Control Plan is .subject to the approv~ .of the Town's Directors of Public Works a~.d Community Services and Facilities and the Metropolitan Toronto and Region Conservation Authority. (4) The grading of all lands shall be carried out by th.e .Owner in accordance with the ?pr. oved Grading Control Plan, under the supervmon of the Owner's Consulting l~ngmeer. (5) If, in the opinion of the Director of .Public Works, drain.age.problems occur prior to formal acceptance of the works m the plan of subdivislo.n 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 necessary to correct such problems. (6) Despite any time limit otherwise applicable pursuant to section 1 of Schedule 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 occul?ancy 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 Wor. ks, the Owner is not prosecuting or caus!~g to. be prosecuted the work in connection with this Agreem?.nt 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 aban.don it before the completion, o.r unreasonably delay the same so that the co.nditions 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 ~efformance of the terms of this Agreement, then in any such case, the s.aid irector of Public Works shallpromptly notify the Owner and his surety in writing of such default or neglect and ffsuch notification 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 put.chase s.uch materials, tool.s and machinery and to employ such wo.rkmen 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 (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 s. hall include a management fee of twenty per cent (20%) of the labour a.n.d mate?al 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 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..O~n..er shall dedicate Amberlea Road and Saugeen Drive as public highways under the jurisdiction of the Town upon the registration 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 Block 28 (Rosebank Road widening). -6- (2) Notw~.'thstanding the provisions of s.ubsection (1), above, a tran,fer required thereto shall 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 - 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 pro,sion of storm water dralna, ge and management fa.c. ilities both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (2) S.uch e.asements shall be subject to the approval of the Director of Public Works or h~s 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) pgving of Driveway Approaches To pave .all driveway approaches between the curb and sidewalk or where no sidewalk ~s to be provided, between the curb and the lot line. (b) C0rltinuation Of Existing Services Where the construction of services herein involves a continuation to existin, g services, to join into the same, including adjustment of grades where necessary, m a good and workmanlike manner. (c) Public Lands. Fill & Debris (i) Neither to dump. nor to permit to be dumped, any fill .o.r debris on, nor to remove or perrmt to be removed, any fill from any pubhc lands, other than in the actual construction of roads tn 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 th.at construction traffic serving the development of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) Oualitative or Ouantitative 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, an.d 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. -7- (ii) Si.milarly to pay the cost of moving any services or utilities installed under ~t~s 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) 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) ~ 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 designated by the Director of Public Works. (i) ~ 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 designated by the Director of Public Works. Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivision, with amendments, if any, noted thereon. (k) Snow Plowing & Salting 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 salt such roads' from such occupied buildings to existing Town. to.ads or to subdivision roads that receive the Town's winter control sennce, including alternate means of access where available. (ii) Such snow plowing and salting 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 th.e 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, (a) sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service; and (b) an asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing maintained road. (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; and -8- (iii) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occup.ancy have been constructed on the said road and extend to an existing mmntained public road. (4) The .O~'..ner sh .~1. maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 27. DESIGN PLANNING (1) The Owne. r sba. fl, 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 approv, a!, a report outlining siting and architectural.design objectives for the subdiwsion, which approval shall not be unreasonably w~thheld. (2) The rep. oft referred to in subsection (1) may be required, at the Director's option, to provide the following information: h°use massing; streetscape; exterior materials and colours; /ed/ architectural style; visual variety; gO) energy conservation measures; and ( any other data or information reasonably required. (3) The Owe. er sh. all, prior to the issuance of any building per.mit for the construction of a res~denuai umt to be erected on the lands, subrmt 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.refurred to in subsectio.n (3) may be required, at the Director's option, to provide the following informauon: (a) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; cb/ the location of landscaping features, including trees to be preserved; streetscape for front and rear elevation at a scale acceptable to the Director; streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information reasonably required. 28. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of, $3,050 per unit if paid in 1990; or $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 an)' dwelling unit unless payment of the unit levy shall have been made in advance otthe 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 12 months from the date of registration of the plan. (4) A letter from the Clerk of the Town .advising that the unit Ievy h.as been paid shall be deemed to be a release of this secuon for the lands referred to m 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 satl'sfactory to the Town, for the sum of $87,750 as security for the payments referred to in section 28hereoL -9- 30. GENERAL PROVISIONS - FIN~CIAL MA'ITERS The Owner agrees with the Town: (a) T es To p. ay the taxes in full on ail the lands included in the plan of subdivision, as requtred by law from time to time. (b) ~ Prior to the release of the plan for .registration, to prepay any outstanding local improv, e.ment charges which are lewedagainst any of the lands in the plan of subdiws]on. (c) Interest To pay interest at the rate of eishteen per cent (18%) per annum to the Town on all sums of money payable hereto which are not paid on the due dates calculated from such due dates. (d) ~ To .pay .all registration costs incurred, by the Town relating in any way to the registration of the plan of subdivismn or any other related documentation, 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.mater~a.l supplied for or on behaif of the Owner in connection with the subdivismn, 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 m connection therewith. 31. [~XPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agreement expire dunng the currency of the Agreement, the Owner shall ~provide to the Town at least 30 days in advanc.e 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) Shou.ld no such further security be provided as required, then the Town shall have the right to convert the expiring security i.nto cash and hold the cash in lieu of and for the same purposes as any further security. ' 32. PROVISION OF PARKLAND Upon the registration of this plan, the Town shall apply 0.134 hectares of the Owner's accumulated parkland credit as the Owners's parkland contribution for the development of the Lands and of Block 29, Plan 40M-1567, Picketing. 33. (1) The Owner shall plant on road allowances within or adjacent to the plan, 27 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 approv, ed by the Town shall be planted by the Owner when the boulevard into which they are to be planted is sodded. - 10- (4) If the density is too great to enable 27 trees to be planted, the Owner s.hall pay to the Town $175 for every tree which cannot be planted for tree planting m a public land area within the community in which the plan is located. 34. TREE I~I~ESERVATION (1) The Owner shall reta'.m, at its own.expe.nse, a qualified expert to prepare a Tree Preservation Program indicating whtch ex~sting trees shall be preserved. (2) The Program shall be submitted to the Director of Planning for review and approval by 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 commence, nor allow to be commenced, any aspect of the development of the lands m the plan, including the removal of any tree. (5) In the event that any. tree required t.o be prese, rvcd by the approved Tree Preservation Program ts remo..ved or is, tn the opimon 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 Director; 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 residential 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. IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their respective corporate seals, attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED BRAMALEA LIMITED Greg Spearn, Managing Senior Vice-President Cynthia Green, Senior Vice-President THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk -11- 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (1) In this section, 'pre.servicing' means the undertaking, prior to the registration of this pi.an of subdivision, of ally works or services required to be undertaken by the ~prOVaslons of this Agreement, on the Lands or on any lands adjacent thereto, and reservice' has a corresponding meaning. (2) The Owner re.a), undertake preservicing limited to earthworks .(including preliminary grading, soil movement and storage) only with the prior written approval of the Town which may be issued by the Town's Legal Services Deparlment 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 tbeprovismn of corrected drawings, by the authormes referred to in section 20(3); and (d) submitted a Tree Preservati.on 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 approval of the Town which may be issued by the Town's Legal Services Department only after the Owner has, (a) executed this Agreement; (15) supplied a satisfactory liability insurance policy pursuant to sect/on 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 theprovis~on of corrected drawings, by the authont{es 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 subsection 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 thereof, (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; (O lawful erection of permitted signs, or (g) any combination thereof, shall not require the prior written approval of the Town. - 12- (5) The Owner shall complete nil works, ~ervices and requirements under th~s Agreemem, (a) within 9n.e year of the date of registration of the plan of subdivision if preservicmg (except preservicing ![mired .to that described in subsections (2) or (4), or both) has occurred wtth or vothout the Town's approval, or (b) w~thin two years o.f that date if no preservicing (except preservicing limited to that described m 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 com. pletion of all works, services and requirements under this Agreement for a period of tw,o.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 co.mptising t.he plan of subdivis!on shall, be demolished by the Owner, at its sole expense, prior to the issuance of any building pernut. 3. CO-ORDINATED DEVELOPMENT - BLOCK 27 (1) Block 27 sh.a. ll be.developed by the Owner. only !n conjunction with Block 29, Plan 40M-1567, Ptckermg, to provide one dwelling umt. (2) The .development of the lands described in subsection (1) shall be governed by the provisions of this Agreement. 0) The Owner shall maintain Block 27 to the Town's satisfaction until it is developed. 5. DWELLING UNIT COUNT (1) In the event that more than 27 units (one each on Lots 1 to 26 and one on the lot created by the consolidation of Block 27 with Block 29, Plan 40M-1567, Picketing) 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 27 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 section 17(1), (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. - 13 - I. SPECIAL .PROVISIONS REOUIRED BY THE REGIONAL MUNICIPALITY OF The section set out in th!s Sc.hedule represents a provision not affecting the Town but required to be inserted m this Agreement by the conditions of draft appro, val dated September 9, 1988, of Draft Plan 18T-88015 by the Commissioner of PIanmng of the Regional Municipality of Durham. 2. DURHAM BOARD OF EDUCATION ("BOARD"~ The Board requires that the Owner insert the following clause in the sale and purchase agreement for each lot: "I'hat the purchasers of homes within the development be advised that their children may have to be accommodated at existing schools although a site in the area has been reserved for a school building: A 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." - 14-