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HomeMy WebLinkAboutBy-law 3774/91THE CORPORATION OF THE TOWN OF PICKERING 3774/91 BY-LAW_NO. Being a by-law to authorize the execution of a Subdivision Agreement and related documentation respecting the development of Part Lot 21, Concession 2, Picketing (946037 Ontario Limited; 18T-89036). WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 21, Concession 2, Picketing, has been recommended for approval by the Council of The Corporation of the Town of Pickering and approved by the Commisstoner of Planning of the Regional Municipality of Durham as Draft Plan 18T-89036, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision 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); and WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter 302, section 193(1), the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring any land or interest therein for the purposes of the corporation; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form attached hereto as Schedule A, between 946037 Ontario Limited and The Corporation of the Town of Pickering, respecting the development of Part Lot 21, Concession 2, Picketing (Draft Plan 18T-89036). The Corporation of the Town of Pickering shall acquire those lands described in section 23 of the Subdivision Agreement attached hereto as Schedule A, subject to the terms and conditions and for the purposes set out therein. 3. (1) The Corporation of the Town of Picketing shall acquire interests in the nature of easements over those lands described in section 24 of the Subdivision Agreement attached hereto as Schedule A, subject to the terms and conditions set out therein, for storm drainage purposes. (2) The Mayor and Clerk are hereby authorized to execute Transfers of Easement, in the form attached hereto as Schedule B, effecting the acquisition by The Corporation of the Town of Picketing of the interests referred to in subsection (1). BY-LAW read a first, second and third time and finally passed this/?tCh day of August, 1991. rs, Mayor SCHEDULE A THIS AGREEMENT made this 7th day of August, 1991. BETWEEN: 946037 ONTARIO LIMITED hereinafter called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to subdivide part of Lot 21, Concession 2, in the Town of Picketing, in the Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-89036; 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 1 to 31 and Blocks 32 to 41, Plan 40M- , Picketing. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 1991, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. INTERPRETATION (1) Whenever in this Agreement the word "Owner", or "Encumbrancer" and the pronoun "iC ~a u~cd, it shall be read and construed as "Owner or Owners", "Encumbrancer or Encumbrancers" and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. TI/VIE 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 subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. OWNER'S GENERAL UNDERTAKING The Owner shall 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 be provided for herein. 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, shah continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. (l) 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 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 shaH be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of sufficient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivision, the Owner may be required to carry out such works as ate 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. ts) No connection under subsection 4, above, shall be undertaken or authorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS - ROUGH GRADE (1) Prior to the insz,i~lz,;~on 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 subdivision. (2) The Owner shall kee~ all boulevards clear ,and free of materials and obstructions which might interfere with me installation of electric, telephone, gas or other utilities. 2 12. ~ (l) 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. (1) The Owner shall construct curbs and gutters on the roads to be constructed pursuant to section 12, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a driveway, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 14. (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 north side of Finch Avenue adjacent to Block 45. (2) The Owner shall construct the following segments of sidewalk, in each case within six months immediately following the occupancy of the first dwelling unit to be occupied on any lot or block adjacent to that segment, despite the provisions of section I of Schedule A: (a) adjacent to Block 41 and Lots 12 to 18 on the north side of Parkdale Street and the west side of Linwood Street; (b) adjacent to Block 38, Lots 27 to 31, Blocks 32 to 37 and Lot 19 on the north and east sides of Linwood Street and the north side of Parkdale Street; and (c) adjacent to Lots 20 to 26 on the south and west sides of Linwood Street. (3) Despite the provisions of subsection (2), where the occupancy of the first dwelling unit occurs in November or December of any year, the time limit for construction of the adjacent sidewalk segment shall be extended to June 30 in the following year. (4) The Owner shall maintain each sidewalk segment until it is formally accepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television a,,,, ~'~ Jr 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 specifications of Picketing Hydro-Electric Commission, Picketing Cable T.V. Limited or Bell Canada, as the case may be. (I) The Owner shall install street lights, including poles and other necessary appurtenances, on each proposed street in the plan and on Finch Avenue 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 Pickering Hydro-Electric Commission. (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $1,225 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those referred to in sections 15 and 16 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. 18. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a 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 prtmium of the said policy and ,o 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 O~ner shall supply the Town with a 60% performance and maintenance security in a fo,'m satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or performance of the works; (b) guaranteeing the payment of any amounts payable to the Town under this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (2) (3) (4) (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. 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. 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, 6) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by payment into court; and (c) seventeen per cent (17%) of the original value where, (i) a certificate of f'mal 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 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. Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 20. DRAINAGE - SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this A~,~cment, and shall not provide for the drainage of surface mn-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suitable swales and catch basins to manage adequately, in the opinion of the Town's Director of Community Services and Facilities, that surface 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. 5 (4) (~) (6) The grading of all lands shall be carried out by the Owner in accordance with the approved Grading Control Plan, under the supervision of the Owner's Consulting Engineer. If, in the opinion of the DLrector of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. 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 fixst 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 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 sl~cified time, or in order that it may be completed within the sp~cif'led 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 Agreemem, then in any such case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and ff such notification be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. (2) In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and further, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would ~ot have executed this Agreement. 22. The Owner shall dedicate Linwood Stret~ and Parkdale Street as public highways under the jurisdiction of The Corporation of the Town of Picketing upon the registration of the plan. 23. TRANSFERS - CONVEYANCES (1) The Owner shall convey Block 46 (Parkdale Street reserve) to the Town, free and clear of all encumbrances and at no cost to the Town, upon the regi~Uation of the plan or within the 30 days irmnediately following the registration thereof. (2) Notwithstanding the provisions of subsection (1), above, 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. 6 24. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm water drainage and management facilities both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (2) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (I) 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 Existing Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any f'fll from any public lands, other than in the actual construction of roads in the plan of subdivision without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub-clause (i). (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Construction Traffic Wherever possible, to ensure that construction traffic serving the development of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) Oualitative or Quantitative Te~_ 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. (f) ' 'c (i) To pay the cost of relocating any existing services and utilities c__.;2 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. (g) 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. 7 (h) (i) O) (k) (l) To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designated by the Director of Public Works. To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designated by the Director of Public Works. Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivision, with amendments, if any, noted thereon. 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 warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. Survey Monuments ~ Markers Prior to the acceptance of the subdivision by the Town, to supply a st~ ement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found or re-established all standard iron bars as shown on the registered plan, and survey monuments at all block comers, the ends of all curves, other than comer roundings and all points of change in direction of streets on the registered plan. 26. CONSTRUCTION & OCCUpANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until, (a) sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service; and (b) an asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing maintained road. (2) No building or part of a building in the subdivision shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric service is completed and in operation: and (iii) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been constructed on the said road and extend to an existing maintained public road. (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. 8 27. 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) (b) (c) (d) (e) (f) (g) house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and any other data or information reasonably required. (3) The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not he 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) (b) (c) (d) (e) (0 the location of all buildings and structures to he erected and the location of all facilities and works associated therewith; the location of landscaping featnres, incinding races to he preserved; streetscape for front and rear elevation at a scale acceptable to the Director; streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information reasonably required. 28. FINANCIAL PAYMENTS (t) On or before the date of issue of the building permit for each dwelling unit to be erected on the Lands, the Owner shall pay to the Town a unit levy or development charge for that dwelling unit. (2) The amount of the unit levy or development charge payable under subsection (1), above, for each dwelling unit shall be, (a) $3,250, ff the ~F,,wn has not, before the date of payment, enacted a Development Charge By-law pursuant to section 3(I) of the Development Charges Act 1989, S.O. 1989, chapter 58, or (b) the applicable amount of such developmem charge according to the Town's Development Charge By-law, if, before the date of payment, the Town has enacted such a by-law. 29. 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 $113,750 as security for the payments referred to in section 28 hereof. 30. GENERAL PROVISIONS - FINANCIAL MAWFERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the plan of subdivision, as required by law from time to time. (b) l~¢AL,TalzizLo~mlal~ 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. 9 (c) (d) (e) 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. 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 documentation, including transfers, in the Land Titles Office. Upon applying for fmal 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 axe no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivision, or ff such claims do exist, the Owner shall indemnify the Town against 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 Agreement expixe 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 fight 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 $6~,313 in cash or by certified cheque, which sum the Town shall accept in full satisfaction of the Owner's obligation to provide parkland for Lots I to 31 and Blocks 38 to 41. 33. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 35 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 planti,~g of any trees. (3) The trees approved by the Town shall be planted by the Owner when the boulevard into which they axe to be planted is ::odded. (4) If the density is too great to enable 35 trees to be planted, the Owner shall pay to the Town $175 for every tree which cannot be planted for tree planting in a public land area within the community in which the plan is located· 34. (I) The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved. (2) The Program shall be submitted to the Director of Planning for review and approval by the Director of Community Services and Facilities, and, once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Program, the Director shall be governed by the Town Tree Preservation Policy in effect at the date hereof. 10 (4) (6) Until such time as the Program is approved, the Owner shall not commence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any tree. In the event that any tree required to be preserved b,y the approved Tree Preservation Program is removed or is, in the opinion of the Town s Director of Community Services and Facilities, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall replace that tree with a tree of a height, diameter and species determined by the Director; such replacement shall be at no cost to the Town. The Owner's liability under subsection (5) shall continue until, (a) where the lands upon which the tree is located comprise a residential building lot or block, twelve months after the completion of the sodding on the lot or block, or (b) where the lands upon which the tree is located comprise lands other than a residential building lot, the expix3t of the guarantee period referred to in section I of Schedule A of this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals, attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED 946037 ONTARIO LIMITED Martin Gaffney, Director THE CORPORATION OF THE TOWN OF PICKERING Wayne Anhurs, Mayor Brace Taylor, Clerk ENCLqMBRANCER - THE HONG KONG BANK OF CANADA This Agreement shall have priority over and take precedence over all of the rights or interests of The Hung Kong Bank of Canada whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by vkrtue 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 ,1991. SIGNED, SEALED & DFJJVERED THE HONG KONG BANK OF CANADA 11 ~CHEDULE A 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 Towv'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 proj, ect 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) 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) macring soil quality and compaction tests, (b) surve.-ing the bo~ndxries of the Lands and of proposed ~ots, blocl,; and roads thereof, (c) marking existing and proposed grade elevations, (d) tests and examinations of the Lands necessary for the preparation of required pre-development studies, (e) compliance with an approved Tree Preservation Program; (f) lawful erection of permitted signs, or (g) any combination thereof, shall not require the prior written approval of the Town. The Owner shall complete all works, services and requirements under this Agreement, (5) 12 (6) (a) within one year of the date of registration of the plan of subdivision ff preservicing (except preservicing limited to that described 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 preservicing limited to that described in subsections (2) or (4), or both) has occurred. The Owner shall guarantee all works, workmanship and materials employed or used in the construction, installation or completion of all works, services and requirements under this Agreement for a period of two years from the date that the works, services and requirements are approved in writing by the Town. TEMPORARY TURNING CIRCLES The Owner shall remove, at its sole expense and to the Town's specifications, any temporary turning circle located immediately adjacent to the plan on a public highway to be extended by the Owner into the plan, and shall replace any such circle with permanent services as if the highway were a road in the plan. DEMOLITION OF EXISTI]qG 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. RESERVED FUTURE DEVELOPMENT BLOCKS - BLOCKS 32 TO 37 (1) Blocks 32 to 37 shall be reserved for future residential development in conjunction with abutting lands; such development shall not commence without the prior written approval of the Town which may be subject to conditions including, but not necessarily limited to conditions respecting the development of the abutting lands. (2) Until such time as Blocks 32 to 37 are developed, the Owner shall maintain them in a clean and orderly condition to the satisfaction of the Town. RELEASED FUTURE DEVELOPMENT BLOCKS - BLOCKS 38 TO 41 (i) The lands described in Column I of the following Table shall be developed by the Owner only in conjunction with the lands described in Column li thereto to provide the number of units set out in Column III thereof: Table Itqm Column I Col~mm!I Column_ !II 1. Block 38 Block 26, Plan 40M-1609 1 2. Block 39 Block 27, Plan 40M-1609 1 3. Block 40 Block 28, Plan 40M-1609 1 4. Block 41 Block 29, Plan 40M-1609 I (2) The development of the lands described in Items I to 4 of the above Table shall be govemed by the provisions of this Agreement. DWELLING UNIT COUNT (1) In thc: event that more than 35 units (1 each on Lots I to 31 and I eacl on the lands described in Items 1 to 4 of the Table in section 5 of this Schedule) are to be constructed in this plan pursuant to this Agreement, an amendment to this Agreement shall be required. (2) In the event that less than 35 units (as described in subsection 1) are to be constructed in this plan pursuant to this Agreement, 13 (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. CONTRIBUTION TO OVERSIZED SERVICE COSTS The Owner shall, immediately prior to the registration of the plan, pay to Heldor Development Corporation, the sum of $6,674.87, being the costs incurred by Heldor Development Corporation in the construction and installation of an oversized storm drainage system in conjunction with the development of Plans M-1210 and 40M-1267, which serves, at least in part, the lands in the plan of subdivision. NOISE (1) (2) (3) (4) (5) (6) (7) ATFENUATION MEASURES In the development of this plan, the Owner shall implement the noise attenuation measures recommended in the engineering report dated May 24, 1991, prepared by I. E Coulter Associates Engineering. Upon the completion of the implementation of those measures, the Owner shall provide to the Town's Director of Planning, a Certificate of Compliance from a Professional Engineer stating that those noise attenuation measures have been implemented in accordance with that report. Prior to the registration of the plan, the Owner shall provide to the Town an irrevocable letter of credit issued by a chartered bank in Canada in a form satisfactory to the Town in the amount of $ , pursuant to which the Town may draw any amount up to the full amount thereof in the event that the Owner fails to provide the Certificate of Compliance requixed under subsection (2) within three years of the registration of the plan. The Owner shall keep the letter of credit in good standing at all times and, should the Town draw upon it at any time, the Owner shall forthwith increase the face value thereof by the amount of the draw. Any draw upon the letter of credit made by the Town pursuant to subsection (3) shall be deemed to be a penalty for the breach by the Owner of its obligations hereunder and shall not absolve the Owner from complying with the provisions of this section. Upon receipt of written verification from the Commissioner that the Certificate of Compliance required under subsection (2), has been provided, the Town shall return the letter of credit to the Owner, but under no circumstances shall any amount drawn upon it by the Town be returned or refunded to the Owner or to any other person. The Owner shall indemnify and save harmless the Town, (a) from any loss, inconvenience or damage which may result from the Owner failing to comply with any p[ovision of this section; and (b) against any action or clainq made against the Town by any person arising out of the implementation or non-implementation of the noise attenuation measures or out of the execution of this Agreement with this section in it. FENCING (1) Despite any time i;,a~t otherwise applicable pursuant to section I of Schedule A, prior to the occupancy of the fucst dwelling unit to be occupied on any of Lots I to 1 I, the Owner shall erect a permanent privacy wood fence, 1.Smetres high, along the southern boundary of Lots I to I 1, unless the noise attenuation measures recommended in the engineering report referred to in section 8(1) of Schedule A hereto require the construction of a noise barrier or other fence in that location. 14 (2~ (3) (4) Despite any time limit otherwise applicable pursuant to section I of Schedule A, prior to the occupancy of the first dwelling unit to be occupied on any of Block 38 or Lots 27 to 30, the Owner shall erect a permanent galvanized chain link fence 1.8 metres high, having 0.05 metre 9 gauge mesh, adjacent to Block 42. Despite the provisions of subsections (1) and (2), where the occupancy of the fixst dwelling unit occurs in November or December of any year, the time limit for the erection of the fence shall be extended to June 30th of the following year. The fencing required to be constructed pursuant to subsections (I) and (2) shall be constructed so as to meet or exceed the requirements for swimming pool enclosures as set out in Part 2 of the Town's By-Law 425/76, as amended from time to time, or any Successor thereto. 15 $CHFDULE ~ 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 (hereinafter referred to as the "Approval"), dated December 19, 1989, of Draft Plan 18T-89036 by the Commissioner of Planning of the Regional Municipality of Durham. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") M.T.R.C.A. requires that the Owner agree to, (a) carry out, or cause to be carried out, to the satisfaction of M.T.R.C.A., the recommendations required in Condition 15 of the Approval; (b) install a permanent boundary fence to the satisfaction of M.T.R.C.A. after construction is completed. MINISTRY OF NATURAL RESOURCES ("M.N.R.") M.N.R. requires that the Owner agree to, (a) carry out, or cause to be carried out, to the satisfaction of M.N.R., the recommendations referred to in the reports requLred in Conditions 16 and 17 of the Approval; (b) maintain all storm water management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to M.N.R. MINISTRY OF THE ENVIRONMENT CM.O.E.") M.O.E. requires that the Owner insert the following clause in the sale and purchase agreement for each lot: "Purchasers are advised that due to the proximity of the Brock West Landftll Site, odours may be of concern from time to time." Ontario Hydro requires that the Owner agree t, install a permanent boundary fence to the satisfaction of Ontario Hydro after construction is completed. 16 New Property identifiers Additional: See Schedule Executlona SC3~DL~.~ B Transfer/Deed of Land Form 1 -- Land Registration Refom~ Act. 1~4 A (1) Reg'-try [] Land Tlflee [] 1(2) Page 1 of pages (3) Pr~erty Block Property tdef~tlfler(a) Addmonal: (4) Consideration Dollars $ (5) Dasodpflon Th~s is a: Property Property Division [] Consolidation [] (6) This (a) Redescription (b) Schedule for: (7) Inta~elt/Eatlta Document New Easement Add[t~o~l Fee Simple Contalna Plan/Sketch [] Description [] Par~ies [] Other [] > (8) Transferon[s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that Date of Signature Name(s) Signature(s) Name(s) Signature(s) I (10) Transferor(s) Address for Set,lee ~>(11) Transferee(s) Date of ~rth Y M D THE CORPORATIC~ OF THE ...~2,.~. ~'. ~!O~9!An ........................... ~7~ ...~-~..~s,..m~ ..................... (12) Tr~sferee{s) Address i forServk:e Picketing Civic Centre, One The Esplanade, Pickering, Ontario L1V 6K7 (13) Transferor(i) Tl~e transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene sec~ P~anning Act. 1983 Date of Signature Dateof S,nnat.r~O S~gnature Sigr,ature ......................... ! ..... !... ! . . . i Signature ........................... i ...... !, , . J.. · z<l and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing· Date of Signature _O] Name and ! Y I M ; D ~. ~ Address of ~. . , , o ] ~ I (14) Soaollm' for Trenlfeme(e) ~ have investigated the title to this land and to abutting land where relevant and ~ am satisfied that the title records < {~ .>J reveal no contravention as set out in subcJause 49 21a) (c) (ii) of the Planning Act, 1983 and that to the best of my knowledge and belief this ~ E~ transfer does not contravene section 49 of the Planning Act 1983 I act independently of the solicitor for the transferor(s) andl am an Ontario 'F/ce~ $1 solicitor in good standing· ~- J~ ~-_ { Name and Date of Signaturo I-~l ^~dre~ ot v . u I?'ls° c't°r , , ; ; , : ~ Signature .......................... , ....... . . . ,'..~ (15) Asaellment Roll Number of Property ~(16) Municipal Addre~ of Proparty ' · Cry :Muni Map ' Sub Par 17) DoCument Prepared by:. C.N. ?:LTnoth~ She£~ield Town Solicitor Town of Pickering One The Esplanade Pickering, Ontario Feed and Tax Registration Fee o,"°v'- Schedule .. Ontario Land Regletmt~ml Refoflfl Act~ lg~4 INTEREST/ESTATE TRANSFERRED The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such storm drainage works, together with any appurtenances thereto as may be required from time to time in, under and across the lands herein described, together with a right of the Transferee, its successors and assigns and its and their servants, agents and workmen, with all necessary equipment, machinery and vehicles to enter upon the lands at all times and to pass and repass thereon for replacing (including replacement with storm drainage works of larger size and capacity) and maintaining the storm drainage works or any part thereof or appurtenances thereto to be constructed, reconstructed, examined, repaired, renewed, replaced or maintained situate on the lands. The Transferor covenants that it shall not erect any building or structure nor place or remove any fill on or from any part of the lands without the express written consent of the Transferee. The Transferor hereby releases the Transferee from any claim which may arise out of the exercise by the Transferee of the right and easement granted here- by, or which may arise out of the existence or operation of the storm drainage works, provided the Transferee fills in all excavations and as far as is practi- cable restores the surface to the condition existing prior to any entry thereon to exercise the right hereby granted. The Transferor covenants that it shall execute such further assurances of the right and easement granted hereby as may be required by the Transferee. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. This Transfer shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. LAND BENEFITED (DOMINANT TENEMENT) The benefit of this Transfer and all of the covenants contained herein shall run with all other lands and interests in land owned, occupied or used by the Transferee, its successors and assigns for the purpose of operating and main- taining storm drainage works.