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HomeMy WebLinkAboutBy-law 3570/90 THE CORPORATION OF THE TOWN OF PICKERING . 3570 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 30, Concession 2, Pickering (Forbes; 18T-87059) WHEREAS the proposal to subdivide and register a plan of subdivision of part of Lot 30, Concession 2, Picketing, has been approved by the Council of The Corporation of the Town of Picketing and the Regional Municipality of Durham subject to several conditions, one of which requires the entering into of a satisfactory Condominium Agreemem with The Corporation of the Town of Picketing, 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: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing and Laurene Gertrude Forbes and William Percy Forbes respecting the development of part of Lot 30, Concession 2, Picketing (Draft Plan 18T-87059). BY-LAW read a tint, second and third time and finally passed this 15th day of October, 1990. TOWN CF piCKERING PPROVE AS TO LEGAL DE~T. THE COI~ORATION~ TOWN OF PICKER. lNG BY-LAW NO. 3570/90 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 30, Concession 2, Picketing (Forbes; 18T-87059) WHEREAS the proposal to subdivide and register a plan of subdivision of part of Lot 30, Concession 2, Picketing, has been approved by the Council of The Corporation of the Town of Picketing and the Regional Municipality of Durham subject to several conditions, one of which requires the entering into of a satisfactory Condominium Agreement with The Corporation of the Town of Picketing, 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: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing and Laurene Gertrude Forbes and William Percy Forbes respecting the development of part of Lot 30, Concession 2, Picketing (Draft Plan 18T-87059). BY-LAW read a first, second and third time and f'mally passed this 15th day of October, 1990. Wayne Arthurs~l(,Iayor '--~OW N C.F AP?ROVED, TO LEGAL DEPI. THIS SUBDMSION AGREEMENT made October 15th, 1990. BETWEEN: LAURENE GERTRUDE FORBES and WIL~ hereinafter collectively called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to subdivide pma of Lot 30, Concession 2, in the Town of Pickering, 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-87059; 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: The lands affected by this Agreement (the "Lands") am Lots 1 to 8, both inclusive, Plan 40M- , Picketing. 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. Any notice required to be given hereunder may be given by registered mail addressed to the otber 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. (1) Whenever in this Agreement the word "Owner" or the pronoun "it" is used, it shall be read and construed as "Owner or Owners" or "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. Tinge 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. 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 manner, for the Town, all the municipal 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 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 umil the work provided for in this Agreement is completed and formally accepted by the Town. (3) Thisprovision shall not be construed so as to prevent the Owner from changing from one Consulting Engineer to another at any time or times during the development and construction of the project, so long as the Owner has a Consulting Engineer retained at all times. (1) The Owner shall construct a complete storm water drainage and management 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 sufficient 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 subdivision, 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, shill be undetaaken 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 herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowance shown on the plan of subdivision. -2- (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. (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 assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. (1) The Owner shall construct curbs and gutters on the road to be constructed 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. (1) The Owner shall construct the following segment of sidewalk in accordance with the time limits set out in section 1 of Schedule A: (a) along the north side of Finch Avenue between Block 125, Plan 40M-1312 and the west limit of Block 13 in this plan. (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 I of Schedule A: (a) on the north side of Amaretto Avenue adjacent to Lots 1 to 5 and Block 10; (b) on the south side of Amaretto Avenue adjacent to Block 9, Lots 6 to 8 and Block 16. (3) Despite the provisions of subsection (2), 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 Sune 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 he provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Commission, Pickering Cable T.V. Limited or Bell Canada, as the case may be. -3- (1) The Owner shall install street lights, including poles and other necessary appurtenances, on the street in the plan and on Finch Avenue adjacent to the plan. (2) Electrical se~,ice 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 he under the supervision and inspection of Picketing Hydro-Electric Commission. (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $315 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 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, (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 he 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 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 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 against any holdback rextuired to be retained by the Town have expired or have been satisfied, discharged or provided for by payment 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 retumed 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 Orading 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 thc plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at thc 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 Community Services and Facilities, that surface nm-off water. -5- (3) The Grading Control Plan is subject to the approval of the Town's Directors of Public Works and Community Services and Facilities 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 stmctnres 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 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 thai 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 ff such 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 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) Such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and further, a fee of th'my 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. D_P, I2ICATI_QI~ The Owner shall dedicate Amaretto Avenue as public highway under the jurisdiction of the Town upon the registration of the plan. 23. TRANSFERS - CONVEYANCES (I) 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 10 (Parkland); and (b) Blocks 15 and 16 (Amaretto Avenue reserves). -6- (2) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance ff 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 water drainage and management facilities 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 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 cormnence until the easement has been acquired, unless p~rmission 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 A.up. roaches 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 buming of refuse or debris upon its lands or any public lands. (d) Construction Traffic Wherever possible, to ensure that 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 Quantitative Tests The Director of Public Works may have qualitative or quantitative tests made of any materials which have ~en or areproposed 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. (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) 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. -7- (g) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town ~n effect at the date hereof. (h) ~ To provide and erect at its own cost, to the Sl~Cifications 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 Roadz (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 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 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 & Marker~ 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 comers, the ends of all curves, other than comer 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 pan thereof; (ii) Electric service is completed and in operation; and (iii) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been constructed on the said road and extend to an existing maintained public road. -8- (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. Igg~L0J~ELA~ (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 architectural design objectives for the subdivision, which approval shall not be unreasunably withheld. (2) The report referred to in subsection (1) may be required, at the Director'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 reasonably 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 preserved; (c) streetscape for front and rear elevation at a scale acceptable to the Director; (d) streetscape to show all street fumlture and vegetation; (e) the relationship of buildings by blocks; and (f) 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, (a) $3,050 per unit if paid in 1990; or (b) $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 12 months from the date of registration 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 $29,250 as security for the payments referred to in section 28 hereof. -9- 30. GENERAL PROVISIONS - FINANCIAL MATI'ERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the plan of subdivision, 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) ~ To pay ail registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documentation, including transfers, in the Land Titles Office. (d) ' ' Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accoums for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivision, or ff such claims do exist, the Owner shall indemnify the Town against ail 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 Agreement expire during the cm'rency 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. 32. PROVISION OF PARKLAND (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $5,1 lg in cash or by certified cheque, which sum the Town shall accept in partial satisfaction of the Owner's obligation to provide parkland. (2) Upon the payment of that sum and the registration of the transfer to the Town of Block 10 required by section 23(1)(a), the Owner shall have fully satisfied its obligation to provide parkland. 33. ~ (1) The Owner shall plant on road allowances within or adjacent to the plan, nine trees of a size and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall he 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 nine trees to be planted, the Owner shall pay to the Town $175 for every tree which cannot be planted for tree planting in a public land area within the community in which the plan is located. -10- 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 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 in the plan, including the removal of any tree. (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 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 persons comprising the Owner have hereunto affixed their respective hands and seals and the Town has hereunto affixed its Cmporate Seal attested to by the hands of its authorized officers. SIGNED, SEALED & DELIVERED In the presence of Laurene Gertrude Forbes William Percy Forbes THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Brace Taylor, Clerk -11- 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSI-II~ & 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 reservice' 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 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) 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 3,~(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; (b) supplied a satisfactory liabilhy insurance policy pursuant to section 18; (c) supplied a satisfactory performance and maintenance security pursuant to section 19; (d) provided a Omding 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 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; (f) 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 all works, services and requirements under this Agreement, (a) within one year of the date of registration of the plan of subdivision if preservicing (except preservicing limited to that described in subsections (2) or (,~), or both) has occurred with or without the Town's approval, or (b) within two years of that date if no preservicing (except preservicing 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, services 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 sectinns 11, 12 and 13 of this Agreement, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on Amaretto Avenue immediately east of Block 15. (2) 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 its construction, at his sole discretion, if that sequence does not warrant it. (3) Following the issuance of the occupancy permits for all dwellings in the plan, the Owner shall remove, at its sole expense and to the Town's specifications, the temporary turning circle located immediately east of Block 122, Plan 40M-1312, on Amaretto Avenue and shall replace any such circle with permanent services as if the highway were a road in the plan. (4) The Town shall not be obliged to dedicate Block 122, Plan 40-1312, as public highway until the works required in subsection (3) have been completed. 3. DEMOLITION OF EXISTING BUILDINOS All buildings and structures on the Lands shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 4. CO-ORDINATED DEVELOPMENT - BLOCKS 9. Il AND 12 (I) The blocks set out in Column I of the following Table shall be developed by the Owner only in conjunction with the lands described in Column II thereof to provide the number of units set out in Column HI thereof: Table Item .C3ZIIImIL[ Column II Column III 1. Block 9 Block 13, 18T-87065 1 2. Block I1 Lot Il, 18T-87065 (2) The development of the lands described in Item 1 of the above Table shall be goveroed by the provisions of this Agreement. (3) The development of the lands described in Item 2 of the above Table shall be governed by the provisions of the Subdivision Agreement respecting Draft Plan 18T-87065. (4) Block 12 shall be conveyed by the Owner to the owner of Lot 82, Plan 40M-1312 or developed as part of Lot I in this plan; in either case, the provisions of this Agreement shall apply to its development. -13- (5) The Owner shall maintain Blocks 9, 11 and 12 to the Town's satisfaction until they are developed or, in the case of Block 12, conveyed if not developed. 5. I>WELLING UNIT COUNT (1) In the event that more than 9 units (one each on Lots 1 to 8 and one on the lot formed by the consolidation of the lands described in Item I of the Table in section 4 of this Schedule) 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 9 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. (1) The Owner shall erect the following segment of fencing within the six months immediately following the occupancy of the first dwelling unit to be occupied on any lot in this plan adjacent to that segment, despite the provisions of section I of Schedule A: (a) along the north boundary of Block 14. (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 fencing segment shall be extended to June 30 in the following year. (3) The fencing segment required to be erected pursuant to subsection (1) shall be 1.8 metres high wood privacy fencing. (4) The fencing required to be erected by the Owner pursuant to this section 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. NOISE ATI~NUATION MEASUR]~S (1) In the development of this plan, the Owner shall implement the noise attenuation measures recommended in the engineering report dated ,1990, prepared by , Professional Engineers. (2) Upon the completion of the implementation of those measures, the Owner shall provide to the Town's Director of Planning a Certificate of Compliance from a Professional Engineer stating that those noise attenuation measures have been implemented in accordance with that report. (3) Prior to the registration of the plan, the Owner shall provide to the Town an irrevocable letter of credit issued by a chartered bank in Canada in a form satisfactory to the Town in the amount of $ , pursuant to which the Town may draw any amount up to the full amount thereof in the event that the Owner fails to provide the Certificate of Compliance required under subsection (2) within three years of the registration of the plan. (4) The Owner shall keep the letter of credit in good standing at all times and, should the Town draw upon it at any time, the Owner shall forthwith increase the face value thereof by the amount of the draw. 14- (5) Any draw upon the letter of credit made by the Town pursuant to subsection (3) shall be deemed to be a penalty for the breach by the Owner of its obligations hereunder and shall not absolve the Owner from complying with the provisions of this section. (6) Upon receipt of the Certificate of Compliance required under subsection (2), the Town shall return the letter of credit to the Owner, but under no circumstances shall any amount drawn upon it by the Town be returned or refunded to the Owner or to any other person. (7) The Owner shall indemnify and save harmless the Town, (a) from any loss, inconvenience or damage which may result from the Owner failing to comply with any provision of this section; and (b) against any action or claim made against the Town by any person arising out of the implementation or non-implementation of the noise attenuation measures or out of the execution of this Agreement with this section in it. 8. CONTRIBUTION TO DOWNSTREAM SERVICE COSTS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $10,500, which sum shall be utilized by the Town for the purpose of acquiring, connecting and constructing a permanent detention pond, in the vicinity of the north-east comer of White's Road and Finch Avenue, for the purpose of providing storm water management for storm water draining in part from the storm water drainage system referred to in section 10 of this Agreement. (2) In the event that either, (a) the Town determines that such a permanent detention pond is not required, or (b) the Owner's share of the cost of acquiring, connecting and constructing a permanent detention pond is less than $10,500, then the Town shall return to the Owner the sum of $10,500 or the difference between $10,500 and the Owner's share, as the case may be, without interest, penalty, costs or damages, subject to, in the case of alternative (a), adjustment should an alternative system have been constructed. - 15- SCHEDULE B 1. SPECIAL pROVISIONS REOUIRED BY THE 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 July 28, 1988, of Draft Plan 18T-87059 by the Commissioner of Planning of the Regional Municipality of Durham. Ontario Hydro requires that, (a) the Owner, prior to the initiation of any grading or construction, erect a temporary fence or other statable barrier along the rear boundary of those lands abutting the Ontario Hydro corridor; (b) the Owner install a permanent boundary fence to the satisfaction of Omario Hydro on those lands abutting the Hydro Corridor after all construction is completed; (c) the Owner not encroach on Omario Hydro's property or obstruct Omario Hydro access to the right-of-way (sic). 3. DURHAM BOARD OF EDUCATION ("BOARD") The Board requires that the Owner insert the following clause in the sale and purchase agreement for each lot: "That the purchasers of homes within the development be advised within the agreement of purchase and sale 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." - 16-