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HomeMy WebLinkAboutBy-law 3576/90 THE CORPORATION OF THE TOWN OF PICKERING . 3576 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 26, Concession 2, Picketing (John Boddy Developments Ltd.; 18T-8707l) WHEREAS the proposal to subdivide and register a plan of subdivision of part of Lot 26, Concession 21 Pickering, has .been approved by the Council of The Corporation of the.Town of Picketing and the Regional Munictpality of Durham subject to several condittons, one of which requ~re.s the entering into of a satisfactory Condominium Agreement with The Corporation of the Town of Picketing, pursuant to thc provisions of the Planning Act 1983, S.O. 1983, chapter 1, section 50(6); NOW THEREFORE, the Council of The Coq~oration 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 Coqaoration of the Town of Picketing and 1ohn Boddy Developments Ltd. respecting the development of part of Lot 26, Concession 2, Picketing (Draft Plan 18T-87071). BY-LAW read a fa-st, second and third time and finally passed thisl~t&lay of November, 1990. TOWN C:¢ ~_PICKERIN(~ APPROVED LEGAL OEP~ THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.3576 /90 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 26, Concession 2, Pickering (John Boddy Developments Ltd.; 18T-87071 ) WHEREAS the proposal to subdivide and register a plan of subdivision of part of Lot 26, Concession 2, Picketing, has been approved by the Council of The Corporation of the Town of Picketing and the Regional Municipality of Durhan~ 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 authotized to execute a Subdivision Agmemem, in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing and John Boddy Developments Ltd. respecting the development of part of Lot 26, Concession 2, Pickering (Draft Plan 18T-87071). BY-LAW read a first, second and third time and finally passed thislg~hday of November, 1990. Wayne Arthil~, Mayor /Bmce Taylor, CIerk t TOWN c':~ PICKERING APPROVED iLlEGAL OEP~ SCHEDULE A THIS SUBDMSION AGREEMENT made November 5, 1990. BETWEEN: $OHN BODDY DEVELOPMENTS LTD. hereinafter called the "Owner" OF ~ FIRST PART, THE CORPORATION OF THE TOWN OF PICKER[NG hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Ova~ proposes to subdivide part of Lot 26, Concessio. n. 2, in the Town of Picketing, in the Regional Municip?i.'ty of .Durham, and to register a plan of subdivmon of those lands, as shown on a draft plan of subdtvtsion designated as Drsft Plan Number 18T-87071; 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") are Lots I to 97, both inclusive, Plan 4OM- , 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 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. (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, B and C anached hereto shall form part of this Agreement. 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. _ The Owner shall retain a licence from any subsec~uent 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 shah complete at its own expense and in a good workmanlike manner, for the Town, ah 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 he provided for herein. 9. CONSULTING ENGINEERS (1) The Owner shah 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, shah continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. (3) Thisprovision shaH not be construed so ns 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 ah 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 ah the lands in the plan of subdivision ~,.he extension of Lynn Heights Drive westerly to Fairpon Road(herein called the Lynn Heights Drive extension"), and to provide capacity for lands upstream of the plan o.f. subdivisinn, 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 he constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall he of sufficient size and depth and at locations either wifl~n or outside the lands affected hereby to service the plan of subdivision and the 'ands outside the plan of subdivision, which in the opinion of the Director of Public ~rks, 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, shah he 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 pro,~ided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdivision and the Lynn Heights Drive extension. (2) The O~. ncr shah keep aH boulevards clear .a~d free of materials and o~..u~.ctions which might interfere with the instaHatton of electric, telephone, gas or other utilittes. -2- (1) The Owner shall construct the roads shown on the plan of subdivision and the Lynn Heights Drive extension 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 shah maintain and repair roads both within and outside the plan of subdivision where construction has taken place or thnt are used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of ah types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan and the Lynn Heights Drive extension thnt the mnintenance 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 npprovnl of the Town's Director of Public Works. 13. ~,AiUX:I~i (I) The Owner shah construct curbs and gutters on the road to he constructed pursuant to section 12, according to the specifications of the Town in effect at the date hereof and shah 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 shah construct a curb depression in the correct location and f'dl in the original curb depression according to the specifications. (1) The Owner shah construct the following segment of sidewnllr in accordance with the time limits set out in section 1 of Schedule A: (a) along the north side of the Lynn Heights Drive ex~nsion hetween Block 100 and Fai~ort Road; (b) along the south side of the Lynn Heights Drive extension between Block 100 and Fahport Road. (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 he occupied on any lot or block adjacent to that segment, despite the provisions of section I of Schedule A: (a) adjacent to Lots I to 8 on the north side of Lynn Heights Drive; (b) adjacent to Lots 15 to 17 on the north side of Lynn Heights Drive; (c) adjacent to Lots 18 to 29 on the south side of Lynn Heights Drive; (d) adjacent to Lots 63 to 69 on the west side of Blairwood Court; (e) adjacent to Lots 70 to 79 on the south side of Alanbury Crescent; (f) adjacent to Lots 80 to 85 and Block 98 on the south and east sides of Alanbury Crescent; (g) adjacent to Lots 86 to 95 on the east side of Alanbtu'y Crescent; and (h) adjacent to Lots 96 and 97 on the east side of Alanbuty Crescent and the ~uth side of Lynn Heights Drive. (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 shah be extended to June 30 in the following year. (4) The Owner shah maintain each sidewalk segment until it is formally accepted by the Town. -3- 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 accordance with the standards and ~eancifications of Picketing Hydro-Electric Commission, Picketing Cable T.V. Limited or Bell ada, ns the case may be. (1) The Owner shall install street lights, including poles and other necessary appurtenances, on each proposed street in the plan and on the Lynn Heights Drive extension. (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. ~ (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $3,395 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 InS.l~.ctors 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 wnges of Inspectors, testing fees and administration fees. 18. LIABILITY INSURANCE (l) Before commencing any of the work prov! .d?d for herein, thc 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 u 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 pwtection 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; -4- (b) guaranteeing the payment of any amounts payable to the Town under ~ Agreement; (c) guaranteeing the paymem of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all woflts, workmanship and materials for a jpe~ind 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 in"st .~0%, 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 wril~en 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 perfom~ance 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 (1'/%) 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 payment into court; which seventeen per cent (17%) portion shah secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the balanc~ 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. DI~AGE - SODDING (1) The Owner shah provide the Town, before commencing any of the work provided for herein and prior to the conunencement of the devel~nt o.f the pi.an of subdivision, with a Grading Control Plan prepaid by the Owner's Consulting Engineer, establishing the proposed grading of the Lands (and of the Lynn Heights Drive extension) to provide for the proper drainage thereof and the drainage of aH adjacent lands which drain through the plan of subdivision. -5- (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of tiffs Agreement, and shall not provide for the drainage of surface nm-off water onto Town-owned parkland, open space or walk-ways 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 mn-off water. (3) The Grading Control Plan is subject to the approval of the Town's Directors of Public Works and Community Services and Facilities. (4) The grading of all lands shall be carried out by thc Owner in accordance with the approved Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (S) 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 m-grading or by the consmaction of catch basins, swales or other sUuctures 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 he prosecuted the work in connection with this Agreemem within the .specified time, or in order tha~ it may be completed within the specified time, or is unproperiy 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 thc Owner neglect or refuse to ~new 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 defauh in performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the Ovn~r and his surety in writing of such default or neglect and if such notification be without effect within 10 clear days after such notice, then in that case, the .Disc. tur of Public Works shall thereupon have full authority.to purchase such materials, tools and machinery and to employ such workmen as m 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 thin'y 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 para.graph is one of the considerations, without which the Town would not have executed this Agreement. 22. ~ The Owner shah dedicate Alanbury Crescent, Blah'wood Court and Lynn Heights Drive as public highways under the jurisdiction of the Town upon the registration of the plan. -6- 23. TRANSFERS - CONVEYANCES (1) The Owner shah 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, ia) Block 98 (psddand); (b) Block 99 (open space); (c) Block 100 (Lynn Heights Drive reserve); and (d) Block 101 (Alanbuo, Crescent reserve). (2) The Owner shall arrange for a conveyance to the Town, free and clear of all encumbrances nmi at no cost to the Town, prior to the registration of the plan, of a 20 metre wide road allowance between Block 100 and Fairpon Road for the Lynn Heights Drive extension. (3) Notwithstanding the provisions of subsections (1) or (2), above, 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 - EASEMENTS (1) The Owner shah arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shah 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 shah 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) shah not co~umence unti/ 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 shah lie. (4) The Owner shall arrange at no cost to the Town for granting to the Town, or to the Picketing Hydro-Electric Commission, as the Town may direct, a 3.0 metre wide easement on Lot ,from Lynn Heights Drive to the rear lot line, for the provision of under/aboveground electrical power distribution facilities. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk or, where no sidewalk is to be constructed, between the curb and the lot line. (b) Continuation of Existing Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to duml~ nor to permit to be dumped, any f'dl or debris on, nor to remove or perrmt to be removed: any fdl from any public lands, other than in the actual construction of roads m 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. -7- (d) Wherever possible, to ensure that construction tr~tffic se~in$ the development of this plan ~ 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, 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, aa to interfere with the use of the driveway. 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 thc Town, terapora~ signs of such nature and at such locations aa 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 Wo&s. 0) Prior. to the final acceptance of the subdivision, to s.upp~ly 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 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 w~_rrunt and until such time as the roads are acceptable to the Director of Public Works for winter control. (1) Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he hes found or re-established all standard iron bars ~ 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 re$istered plan. -8- 26. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or ps_,m 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 followmg conditions: (i) Storm sewer, sanita~ 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; und (iii) Such curbs, as in the opinion of the Direcxor of Public Works, ~ required to be completed prior to occupancy have been constructed on the said road and extend to an existing maintained public road. (4) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 27. D.~.~t0H~i.~:~ (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 unreasonably 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) ex.riot 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 he 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 he required, at the Director's option, to provide the following information: (a) the location Of all buildings and structures to he erected and the location of all facilities and works associated therewith; (b) the location of landscaping features, including trees to be preserved; (c) streetseapc 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 (0 any other data or information reasonably required. -9- 28. FINANCIAL PAYMENTS (1) The Owner shah 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 dwaHing 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 shah 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 refen'ed to in the said letter, 29. FINANCIAL SECURITY The Owner shaH, 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 $315,250 as security for the payments refeured to m section 28 hereof. 30. GF_~ PROVISIONS - FINANCIAL MATFERS The Owner agrees with the Town: (a) Taxes Topay the taxes in ~11 on all the lands included in the plan of subdivision, as required by law from time to tune. (b) To pay interest at the rate of eighteen per cent (18%) per annum to the Town on nH sums of money payable herein which are not paid on the due dates calculated from such due dates. (c) Topny all registration .costs incurred by the Town relating.in any way to the registration of the plan of subdivision or any other related documentat,on, including transfers, in the Land Titles Office. (d) ' ' Upon applying for Final acceptance of the subdivision, to supply the To .w~. with a Statutory Declaration that nH accounts for work and materials have been prod, exce~ normal guarantee holdbacks, and there are no claims for liens or otherwise m cormection with such work done or material supplied for or on behalf of the Owner in connection with the subdivision, or if such claims do exist, the Owner shall indenmify the Town against aH.claims, actions or demands for liens or otherwise and aH costs in connection therewith. 3 I. EXPIRY OF SECURITIES (1) Should any securily required to be given under the terms of this Agreement expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shah be to the satisfaction of the Town. (3) S. hould no such fu~her se. curity be provided as required, then the Town shah have the right to convert the ex~pir.ing secur!ty into cash andhold the cash in lieu of and for the same purposes as any turmer security. -10- 32. PROVISION OF PARKLAND (1) Prior ~o the registration of the plan, the O}v..n~.r shall pay to the Town the sum of $90,103.$0 in cash or by certified cheque, which sum the Town shall accept in partial satisfaction of the Owner's obligation to provide parkland. (2) Upon the payment of that sum and the registration of the transfer to the To.w?. of .Block 98 required by section 23(I)(a), the Owner shall have fully satisfied its obhgutlon to provide p~rklmd. 33. ~I~PA,A~:iR~ (1) The Owner shall plant on road allowances within or adjacent to the plan, 97 trees of a size and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall he approved by the Director of Planning prior to the planting of any trees. (3) The trees approved by the Town shall he planted by the Owner when the boulevard into which they ate to be planted is sodded. (,$) If the density is too great to enable 97 trees to be planted, the Owner shall pay to the Town $175 for every tree which cannot he planted for tree planting in a public land ~'ea 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, and providing for, (a) a 6.0 metre preservation zone at the rear of Lots 61 to 69; and (b) a 9.0 metre preservation zone at the rear of Lots 70 to 8 I. (2) The Program shall he submitted to .the Director of PI. arming 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 he commenced, any aspect of the developmem of the lands in the plan, including the removal of any tree. (5) In the ev.ent that any tree required to be preserved by the approved Tree Preservation Program ~s 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 he decreased, then the Owner shall replace that tree with a tree of a height, diameter and species determined by the Director; such replacement shall he 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) wh.ere the la,.ds upon which t.he tree is located coml~nse lands other than a residential building lot, the expuy of the guarantee period referred to in section 1 of Schedule A of this Agreemem. -I1- IN W1TNES5 WHEREOF, the Parties hereto have hereunto affixed their respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SE,~LKD & DELIVERED JOHN BODDY DEVELOPMENTS LTD. John A. Boddy, President THE CORPORATION OF THE TOWN OF PICKERING Wayne Acchurs, Mayor Brace Taylor, Clerk -12- 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 b~ undertakon by ~he ~,prOVisinns ,,of this Agreement, on the Lands or on any landz adjacent thereto, and reservice has a corresponding meaning. (2) The Owner may undertake preservicing limited to earthworkz (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 2.0 which has been ,approved, subject only to the provision of corrected drawings, by the authontzes 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 approval of the Town which may be msoed by thc Town's Legal Services D~a~h~ent 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 subsection 34(2). (4) Despite the provisions of subsections (2) and (3), preservicing limited to, (a) m~klng soil quality and compaction tests, (b) surveying the boundaries of the Lands and of proposed lots, blocks and roads thereof, (c) ma~king existing and proposed grade elevations, (d) tests and examinations of the Lands necessary for the preparation bf requi~d pre-development studies, (e) compliance with an approved Tree Preservation Program; (19 lawful erection of permitted signs, or (g) any combination thereof, shah not require the prior written approval of the Town. (5) The Owner shah complete all works, services and requirements unde~ this Agreement, (a) within one year of the date of registration of the plan of subdivision if preset-vicing (except preservicing limited to that described in subsections (2) or (4), or both) has occurred with or without the Town's approval, or - 13- (b) within tw.o. ye.ars of that date if no preservicing (except preservicing limited to that described m subsections (2) or (4), or both) has occurred. (6) The Owner s.haH guarantee all works, wo.rkmanship and materials employed or. used in the construction, installation or completion of nH works, services and requuements under this Agreement for a period of two ye~trs from the date that the works, services and requirements are approved in writing by the Town. 2. TEMPORARY TURN~G CIRCLF_~ (1) Notwithstanding the provisions of sections 11, 12 and 13 of this Agreement, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary tumin$ circle on Alanbury Crescent immediately east of Block 101. (2) As the temporary turning circle referred to in subsection (1) will be required only if the sequ.ence of construction in this plan and nd).acent plans wnn'ants 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 shaH remove, at its sole expense and to the Town's specifications, the temporary turning circle located immediately east of Block 149, Plan 40M-1375, on Lynn Heigh~ Drive and shah replace such circle with pemmnem services as if the highway were a road in the plan. (4) The Town shah not be obliged to dedicate Block 149, Plan 40M-1375, as public highway until the works requL,~d in subsection (3) have been completed. 3. DEMOLITION OF EXISTING BUILDINGS AH buildings and structures on the Lands shah be demolished by the Owner, at its sole expeme, prior to the issuance of any building permit. 4. DW~J JJNO UNIT COUNT (I) In the event that more than 97 units (one each on Lots I to 97) are to be constructed in this plan pursuant to this Agreement, an amendment to this Agreement shah be required. (2) In the event that less than 97 units (as described in subsection I)) 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, shah be pro-rated accordingly by the Town without an amendment to this Agreement. (1) The Owner shall erect the following segments of fencing in each cas~ within the six months immediately following the occupancy of the f'u'st dwelling unit to be occupied on any lot in this plan adjacent to that segment, despite the provisions of section I of this Schedule: (a) along the boundary of the plan adjacent to Lot~ 1 to 7, 10 to 14 and Lot 17; and (b) along the boundaries of Blocks 98 and 99 adjacent to Lots 70 to 82, and Lot 119, Plan 40M- 1375. (2) Despite the provisions of subsection (1), where the occupancy of the first dwelling unit to be occupied adjncont to any fencing segment nccu~ in November or December of any year, the time limit for construction of that adjacent fencing segment shah be extended to lure 30 in the following year. - 14- (3) The fencing segments ~quh-ed to be erected pursuant to subsection (1) shall be I.$ metres high 9 gauge galvanized steel chain link fencing having maximum 0.02 metre mesh. (4) All fencing required to be erected by the Owner pursuant to this section shall be cons~acted 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/"/6, as amended from time to time, or any successor thereto. 6. CONTRIBUTION TO DOWNSTREAM SERVICE COSTS Prior to the registration of the plan, the Owner shall pay to the Town the sum of $9,915, as its contribution to the cost of the construction and maintenance of the Pine Creek Storm Water Management Project located between Highways 2 and 401. -15- I. 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 (herein referred to as the "Approval") dated August 15, 1988, of Draft Plan 18T-87071 by the Commissioner of Planning of the Reg/onal Municipality of Durham, 2. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY f"M.T.R.C.A.") The M.T.R.C.A. requires that the Owner shall, (a) carry out, or cause to be carried out to the satisfaction of M.T.R.C.A., the recommendations referred to in the report required in Condition 11 of the Approval and obtain all necessary permits; (b) not place fill, grade, construct any buildings or structures, or interfere with the channel watercourse within Block 99 without written approval being given by M.T.R.C.A.; (c) prior to the initiation of any grading or construction, erect a temporary snow fence or other suitable barrier along the rear boundary of Lots 70 to 81 and 61 to 69 inclusive; and (d) submit individual lot, site and grading plans to M.T.R.C.A. for their (sic) review and approval for Lots 70 to 81 inclusive. These plans shall be submitted prior to the issuance of building permits by the Town. 3. MINISTRY OF NATURAL RESOURCES ("M.N.R.") M.N.R. requires that the Owner shall, (a) carry out or cause to be carried out, to the satisfaction of M.N.R., the recommendations referred to in the report required in Conditions 12 and 14 of the Approval and obtain all (b) prior to the initiation of any grading or construction, erect a temporary snow fence fronted by straw bales or, where appropriate, geotextile fabric at the rear of Lots 70 to 81 (as revised in Condition 13). No disruption of vegetation or disposal of material shall occur beyond this point (sic). Ontario Hydro requires that the Owner shall, (a) prior to the initiation of any grading or construction, erect a temporary fence along the rear boundary of those lands abutting the Ontario Hydro corridor; (b) after construction, install a permanent boundary fence to the satisfaction of Ontario Hydro on those lands abutting the Hydro Corridor; and (c) not encroach on Ontario Hydro's property or obstruct Ontario Hydro access to the right-of-way (sic) and be responsible for restoration of any damage resulting from construction of the subdivision. -16- 1. FUTURE CONTRIBUTIONS TO SHARED SERVICE COSTS (1) Within 60 days of the acknowledgement, by the Town's Director of Public Works, of the satisfactory completion of, (a) the storm sewer on the Lyrm Heights Drive extension; (b) the road on the Lynn Heights Drive extension; (c) the curbs and gntters on the Lynn Heights Drive extension; (d) the street lighting on the Lynn Heights Drive extension; and (e) the sidewalks on the Lynn Heights Drive extension, the Owner's Consulting Engineer shall provide to the Town, in a form satisfactory to the Town, a detailed summary of the Owner's actual cost of the design and construction of the storm sewer, road, curbs and gntters, street lighting ~ sidewnlk.~. (2) Within 30 days of the receipt by the Town of the summtLV7 referred to in subsection (1), in a form satisfactory to the Town, the Town Manager shall deternfine and notify the Owner in writing of the following: (a) the area of the lands, if any~ outside the plan ,of subdivision that the wodcs shall be deemed to .b?nefit (the 'benefitting l.a~d, s ) for the purposes of t. his section and the conditions, if any, under which such lands shall contmne to he 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 or methods that shall be employed to pro-rate the shared cost to the benefitting lands, and that determination shall be trmal. (3) In the event that the benefitting lands, or any part thereof, ate to he developed by plan of subdivision, plan of condominium or any other method requiring a development agreement, then the Town shall endeavour 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 the 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 hereby, (a) remises, releases and forever discharges, and (b) agrees to indemnify and save harmless, the Town, its officers and.employees and their respective heirs, executors, administra- tors, successors and assigns, of and from 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 en~or, omission, failure or negligence in the application thereof, and reco~ni~?g that the provisions of the Development Charges Act, 1959 may render this sectton of this A~'eement null and void and of no effect and may preclude the Town from endeavouring to ensure or from attempting to endeavour to ensure that the payments referred to in subsection (3) are made. - 17-