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HomeMy WebLinkAboutBy-law 3309/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3309/89 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 29, Concession 1, Pickering (Draft Plan 18T-88075; Landlord Erin Developments Ltd,/Fisico) WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 29, Concession 1, Pickering, has been approved by the Council of The Corporation of the Town of Picketing and the Regional Municipality of Durham subject to several con- ditions, one of which requires the entering into of a satisfactory Subdivision Agree- ment with The Corporation of the Town of Pickering, pursuant to the Planning Act 1983, S.O. 1983, chapter 1, section 50(6); NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree- ment, in the form attached hereto as Schedule A, respecting the development of Part Lot 29, Concession 1, Picketing, included in Draft Plan 18T-88075 (Land/oral Erin Developments Ltd./Fisico). BY-LAW read a first, second and third time and finally passed this 20th day of November, 1989. Wayne Ar.~furs, Bruce Taylor, Clerk: TC?¢ ~J 0'r:' P;C,,!: · '; c '" THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3309/89 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 29, Concession 1, Picketing (Draft Plan 18T-88075; Landlord Erin Developments Ltd./Fisico) WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 29, Concession 1, Picketing, has been approved by the Council of The Corporation of the Town of Picketing and the Regional Municipality of Durham subject to several con- ditions, one of which requires the entering into of a satisfactory Subdivision Agree- ment with The Corporation of the Town of Picketing, pursuant to 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 Agree- ment, in the form attached hereto as Schedule A, respecting the development of Part Lot 29, Concession 1, Picketing, included in Draft Plan 18T-88075 (Landlord Erin Developments Ltd./Fisico). BY-LAW read a first, second and third time and finally passed this 20th day of November, 1989. Wayne Ar/t~ur s, - Mayor Brrfce Taylor, Cler/k' Schedule A TtlIS AGREEMENT made this 20th day of November, 1989. BETWEEN: FRANK FISICO and LANDFORD ERIN DEVELOPMENTS LTD. herein collectively called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE SECOND PART. WHEREAS, the Owner proposes to subdivide part of Lot 29, Concession 1, 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-88075; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots 1 to 17, both inclusive, and Blocks 18 to 33, both inclusive, Plan 40M- , Picketing. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before June 30, 1990, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. 3. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. 4. INTERPRETATION (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, TIME Time shall be of the essence of this Agreement. 6. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their heirs, executors, administrators, successors and assigns. 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. 9. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the plan of subdivision. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (1) The Owner shall construct a complete storm water drainage and manage- ment system, including storm connections to the street line and catch basin leads, to service all the lands in the plan of subdivision, and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. 2 (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- sion, the Owner may be required to carry out such works as are neces- sary to provide an adequate outlet. (4) The Town may connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the sewer system by the Town. (5) No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdi- vision. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 12. ROADS - PAVED (1) The Owner shall construct the roads shown on the plan of subdivision according to the Town's specifications for paved roads of the Town in effect at the date hereof. (2) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan that the maintenance of them has not been assumed by the Town from the time that they are opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the roads to be con- structed pursuant to section 12, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 14. SIDEWALKS (1) The Owner shall construct the following segment of sidewalk in accordance with the time limits set out in section i of Schedule A: (a) along the west side of Whites Road adjacent to Block 38. (2) The Owner shall construct the fo]lowing segments of sidewalk, in each case within six months immediately following the occupancy of the first dwelling unit to be occupied after the date of this Agreement on any lot 3 or block adjacent to that segment, despite the provisions of section 1 of Schedule A: (a) adjacent to Block 33 and Lots 1 and 2 on the north side of Lamour Road; (b) adjacent to Block 32 and Lots 6 to 8 on the east side of Napanee Road and the north side of Graceland Court; (c) adjacent to Lots 9 to 11 on the south side o£ Graceland Court and the east side of Napanee Road; (d) adjacent to Lots 12 to 17 and Blocks 18 and 19 on the south side of Graceland Court; (e) adjacent to Blocks 20 to 23 on the south side of Graceland Court; (f) adjacent to Blocks 24 to 27 on the north side of Graceland Court; (g) adjacent to Blocks 28 to 31 on the north side of Graceland Court. (3) Despite the provisions of subsection (2), where the occupancy of the first dwelling unit adjacent to any sidewalk segment occurs in November or December of any year, the time limit for construction of that sidewalk segment shall be extended to June 30 in the following year. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided in the plan, it shall be provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Commission, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (1) The Owner shall install street lights, including poles and other necessary appurtenances, on the street in the plan and on Dixie Road adjacent to the plan. (2) Electrical service for street lighting shall be provided underground and not aboveground. (3) Street lighting and its related electrical service shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. (4) The installation of street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $3,220 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 18. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, naming the Town as an insured and indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner in the plan of subdivision and elsewhere. (2) The amount of the Policy shall be $5,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewal or renewals within 30 days of the account therefor being rendered by the Town. (4) It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 19. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and 5 (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; and (c) seventeen per cent (17%) of the original value where, (i) a certificate of final completion has been made by the Owner's Consulting Engineer; (ii) 45 days following the making of such certificate have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; which seventeen per cent (1796) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. (4) Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. Z0. DRAINAGE - SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agree- ment, and shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suit- able swales and catch basins to manage adequately, in the opinion of the Town's Director of Community Services and Facilities, that surface run-off (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Community Services and Facilities. (4) The grading of all lands shall be carried out by the Owner in accordance with the approved .Grading Contro] Plan, under the supervision of the Owner's Consu]ting 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 sary to correct such problems. (6) Despite any time limit otherwise applicable pursuant to section 1 of Sched- ule A, the Owner shall sod the front, side and rear yards of each of the residential lots and blocks except for paved, planted or treed areas, within the six months immediately following the occupancy of the first dwelling unit erected thereon, unless such occupancy occurs in November or December of any year, in which case the time limit for such sodding shall be extended to June 30 in the following year. 21. INCOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notifica- tion be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. (2) In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Graceland Court, Lamour Road and Napanee Road as public highways under the jurisdiction of the Town upon the registration of the plan. 23. TRANSFERS - CONVEYANCES (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration thereof, all of, (a) Blocks 34, 35, 36 and 37 (Graceland Court walkways); (b) Block 39 (Napanee Road reserve); (c) Block 40 (Lamour Road reserve). (2) Notwithstanding the provisions of subsection (1), a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. 24. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the 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. 7 (2) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. The construction of any services in such easement or easements referred to in subsection (1) shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk or where no sidewalk is to be provided, between the curb and the lot line. (b) Continuation of Existin.[~ 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 o£ subdivision without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (i). (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. (e) Relocation of Services (i) To pay the cost of relocating any existing services and utilities caused by the subdivision work within 30 days of the account for same being rendered by the Town. (ii) 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. (f) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (g) Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. 8 (h) Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (i) Engineering Drawings Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivi- sion, with amendments, if any, noted thereon. (j) Snow Plowing & Sandin~ of Roads (i) If, in the opinion of the Director of Public Works, the condition of the Wildrose Crescent road surface is not acceptable for winter control, to snow plow and sand that road from occupied buildings to existing Town roads that receive the Town's winter control (ii) Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. (k) Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found or re-established all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. 26. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (2) No building or part of a building in the subdivision shall be occupied except uporl the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric service is completed and in operation; (iii) An asphalt base has been laid on the road immediately in front of the building o~ part thereof and extended to an existing main- tained public road; and (iv) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road and extend to an existing maintained public road. (4) The Owner shall maintain vehicular access to ali occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 27. DESIGN PLANNING (1) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and 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 Direc- tor's option, to provide the following information: (a) house massing; (b) streetscape; (c) exterior materials and colours; (d) architectural style; (e) visual variety; (f) energy conservation measures; and (g) any other data or information required. (3) The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. (4) The plans and drawings referred to in subsection (3) may be required, at the Director's option, to provide the following information: (a) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; (b) the location of landscaping features, including trees to be pre- served; (c) streetscape for front and rear elevation at a scale acceptable to the Director; (d) streetscape to show all street furniture and vegetation; (e) the relationship of buildings by blocks; and (f) any other data or information required. 28. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of, (a) $2,875 per unit if paid in 1989; (b) $3,050 per unit if paid in 1990; (c) $3,250 per unit if paid in 1991, for each dwelling unit to be erected in the Plan. (2) No building permit shah be issued for any dwelling unit unless payment of the unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. (3) In any event, the Owner shall pay all levies payable under the provisions of this section in full no later than 18 months from the date of registra- tion of the plan. (4) A letter from the Clerk of the Town advising that the unit levy has been paid shall be deemed to be a release of this section for the lands referred to in the said letter. 29. FINANCIAL SECURITY The Owner shall, immediately prior to the registration of the plan, deposit with the Town, a security payable to the Town, in a form satisfactory to the Town, for the sum of $29%000 as security for the payments referred to in section 28 hereof. 10 30. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the plan of subdivi- sion, as required by law from time to time. (b) Local Imi~rovements Prior to the release of the plan for registration, to prepay any outstanding local improvement charges which are levied against any of the lands in the plan of subdivision. (c) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (d) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the Land Titles Office. (e) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 31. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 32. PROVISION OF PARKLAND Prior to the registration of the plan, the Owner shall pay to the Town the sum of $169,050 in cash or by certified cheque, which sum the Town shall accept in satisfaction of the Owner's obligation to provide parkland. 33. TREE PLANTING (1) The Owner shall plant on streets within or adjacent to the plan, 92 trees of a size and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. 11 (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 92 trees to be planted, the Owner shall pay to the Town $150 for every tree which cannot be planted for tree planting in a public land area within the community in which the plan is located. 34. TREE PRESERVATION (1) The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Assessment Program as described in Section 5.0 of the Tree Assessment Study prepared by R.D.C. Group dated April, 1980. (2) The Program shall be submitted to the Director of Planning for review and approval, and, once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Program, the Director shall be governed by the Town Tree Preservation Policy in effect at the date hereof. (4) Until such time as the Program is approved, the Owner shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. (5) In the event that any tree required to be preserved by the approved Tree Assessment 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 res- idential building lot or block, twelve months after the completion of the sodding on the lot or block, or (b) where the lands upon which the tree is located comprise~ lands other than a residential building lot, the expiry of the guarantee period referred to in section 1 of Schedule A of this Agreement. IN WITNESS WHEREOF, Frank Fisico has hereunto affixed his hand and seal and 12 Landlord Erin Developments Ltd. have hereunto affixed their respective corporate seal attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED In the presence of Frank Fis'ico LANDFORD ERiN DEVELOPMENTS LTD. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk ENCUMBRANCER - CANADIAN IMPERIAL BANK OF COMMERCE ("C.I.B.C.') This Agreement shall have priority over and take precedence over all of the rights or interests of the Canadian Imperial Bank of Commerce whether or not any such rights or interests were established or arose prior to the date hereof and whether or not such right of interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at , this day of , 1989. SIGNED, SEALED & DELIVERED CANADIAN IMPERIAL BANK OF COMMERCE CONSENT OF SPOUSE OF FRANK FISICO I, spouse of Frank Fisico, the Owner herein, hereby consent to the execution and entering into of this Agreement by Frank Fisico and to the registration of the Agreement upon the title tO the lands affected hereby and agree to be bound by the terms of the said Agreement. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 1989. SIGNED, SEALED AND DELIVERED. In the presence of witness lB SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (1) In this section, "preservicing" means the undertaking, prior to the registration of this plan of subdivision, of any works or services required to be undertaken by the provisions of this Agreement, on the Lands or on any lands adjacent thereto, and "preservice' has a corresponding meaning. (2) The Owner may undertake preservicing limited to earthworks (including preliminary grading, soil movement and storage) only with the prior written approval 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 34(2). (3) The Owner may preservice this project only with the prior written ap- proval of the Town which may be issued by the Town's Legal Services Department only after the Owner has, (a) executed this Agreement; (b) supplied a satisfactory liability insurance policy pursuant to section 18; (c) supplied a satisfactory performance and maintenance security pursuant to section 19; (d) provided a Grading Control Plan submission pursuant to section 20 which has been approved, subiect 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 94 which has been approved by the authority referred to in sub- section 34(2). (4) Despite the provisions of subsections (2) and (3), preservicing limited to, (a) making soil quality and compaction tests, (b) surveying the boundaries of the Lands and of proposed lots, blocks and roads thereon, (c) marking existing and proposed grade elevations, (d) tests and examinations of the Lands necessary for the preparation of required pre-development studies, (e) compliance with an approved Tree Preservation Program; (f) lawful erection of permitted signs, or (g) any combination thereof, shall not require the prior written approval of the Town. A-1 (5) The Owner shall complete all works, services and requirements under this Agreement, (a) within one year of the date o£ registration of the plan of subdivi- sion if preservicing (except pre-servicing limited to that de- scribed in subsections (2) or (4), or both) has occurred with or without the Town's approval, or (b) within two years of that date if no preservicing (except pre-servicing limited to that described in subsections (2) or (4), or both) has occurred. (6) The Owner shall guarantee all works, workmanship and materials employed or used in the construction, installation or completion of all works, ser- vices and requirements under this Agreement for a period of two years from the date that the works, services and requirements are approved in writing by the Town. 2. TEMPORARY TURNING CIRCLE (1) Notwithstanding the provisions of sections 11, 12 and 13 of this Agree- ment, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on Napanee Road immediately south of Block 39. (2) The Owner shall remove, at its sole expense and to the Town's specifica- tions, any temporary turning circle located immediately adjacent to the plan on the public highway to be extended by the Owner into the plan, and shall replace any such circle with permanent services as if the high- way were a road in the plan. (3) As the temporary turning circle referred to in subsection (1) will be required only if the sequence of construction in this plan and adjacent plans warrants it, the Director of Public Works may waive its con- struction, at his sole discretion, if that sequence does not warrant it. 3. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 4. DWELLING UNIT COUNT (1) In the event that more than 92 dwelling units (1 each on Lots 1 to 17 and 75 in total on Blocks 18 to 31) are to be constructed in this plan pursu- ant to this Agreement, an amendment to this Agreement shall be required. (2) In the event that less than 92 dwelling 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. A-2 5. FENCING (1) Prior to the commencement of any construction, the Owner shall erect a temporary fence to the satisfaction of the Director of Community Services and Facilities along the south boundary of Blocks 18 to 23 and 34, and shall maintain that fence until the fence required in subsection (2)(d) is erected. (2) The Owner shall erect the following segments 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 1 of this Schedule: (a) along the east boundary of Block 23; (b) along the east boundary of Block 24; (c) along the south boundary of Lots 11 to 17; (d) along the south boundary of Blocks 18 to 23. {3) Despite the provisions of subsection (1), where the occupancy of the first dwelling unit to be occupied adjacent to any fencing segment occurs in November or December of any year, the time limit for construction of that fencing segment shall be extended to June 30 in the following year. (4) The fencing segments required to be constructed pursuant to subsections (2)(a), (2)(b) and (2)(c) shall be 1.8 metres high wood privacy fencing. (5) The fencing segments required to be constructed pursuant to subsection (2)(d) shall be 1.8 metre high galvanized steel chain link having 0.05 (6) All fencing required to be constructed 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. 6. ,RESERVED FUTURE DEVELOPMENT BLOCKS - BLOCKS 32 and 33 (1) The Owner shall reserve Blocks 32 and 33 for future residential develop- ment in conjunction with abutting lands outside the plan, which develop- ment shall not occur without a prior amendment to this Agreement. (2) The Owner shall maintain Blocks 32 and 33 to the Town's satisfaction until they are developed. 7. RESTRICTED DEVELOPMENT BLOCK - BLOCK 24 (1) Block 24 shall be developed only in conjunction with abutting lands, being Part 2, Plan 40R-12467. (2) The Owner shall not apply for or cause any person to apply for a build- ing permit for the construction of any building on Block 24 unless the registered owner of Block 24 is also the registered owner of Part 2, Plan 40R-12467. (3) The Owner shall not apply for or cause any person to apply for any approval or consent by which Block 24 may be divided into separate ownerships unless each such ownership will include a portion of Part 2, Plan 40R-12467. (4) The Owner shall not divide Block 24 into separate ownerships unless each such ownership includes a portion of Part 2, Plan 40R-12467. A-3 8. WALKWAY AND WALKWAY FENCING - BLOCKS 34 TO 37 (1) Despite any time limit otherwise applicable pursuant to section 1 of Sched- ule A, prior to the occupancy of the first dwelling unit to be occupied on either of Block 19 or 20, the Owner shall erect a permanent galvanized chain link fence 1.8 metres high, having 0.05 metre 9 gauge mesh, along the east and west boundaries of Block 34 and shall construct a concrete walkway, including vehicle barriers, to the Town's specifications therefor, along the entire length of Block 34, such walkway extending to the street sidewalk to be constructed adjacent to the Block on Graceland Court. (2) Despite any time limit otherwise applicable pursuant to section 1 of Sched- ule A prior to the occupancy of the first dwelling unit to be occupied on Block 27 or 28, the Owner shall erect a chain link fence, to the same specifications as that described in subsection (1), along the east and west boundaries of Block 35 and shall construct a concrete walkway, including vehicle barriers, to the Town's specifications therefor, along the entire length of Block 35, such walkway extending to the street sidewalk to be constructed adjacent to the block on Graceland Court. (3) The Owner shall construct a concrete or similarly surfaced walkway, including vehicle harriers, to the Town's specifications therefor and install landscaping features to designs approved by the Town, at the east end of Graceland Court between the street sidewalks to be constructed on Graceland Court and Whites Road and upon and across Blocks 36 and 37. (4) The permanent fencing required to be constructed pursuant to sub- sections (1) and (2) 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. 9. CONTRIBUTION TO ADJACENT SERVICE COSTS (STREET LIGHTING) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $2,064 as its contribution to the cost to the Town of the upgrading of street lighting on Whites Road adjacent to the plan. 10. CONSTRUCTION TRAFFIC ACCESS (1) Construction traffic serving the development of this plan, including the construction of buildings therein, shall not use Napanee Road in Plan 40M-147B except where such use is restricted to the actual construction, reconstruction, installation or connection of works and services in or on Napanee Crescent, Plan 40M-1473. (2) Construction traffic shall access the Lands directly from Whites Road, or across the lands to the north of the plan or any combination thereof. (3) Vehicle barriers presently existing on Napanee Road in Plan 40M-1473 shall remain in place until removal is authorized by the Town. 11. CONTRIBUTION TO OVERSIZED SERVICE COSTS Prior to the registration of the plan, the Owner shall provide to the Town a certified cheque payable to "Brassies Limited" in the amount of $ * as the Owner's contribution to that company's costs of oversizing services in Plan 40M-1473 and other plans, which oversizing serves in part the Lands herein. [* to be advised] A-4 SCHEDULE B 1. SPECIAL PROVISIONS REQUIRED 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 July 31, 1989, of Draft Plan 18T-88075 by the Commissioner of Planning of the Regional Municipality of Durham (herein referred to as the "Commissioner"). METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") M.T.R.C.A. requires that the Owner carry-out (sic) or cause to be carried-out (sic), to the satisfaction of MoT.R.C.A., the recommendations referred to in the report as required in Condition 13 of the Approval. B-1