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HomeMy WebLinkAboutBy-law 2194/86THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 219486 Being a By-law to authorize the execution of a subdivision agreement respecting part Lot 33, Range 3, B.F.C., Pickerin g (Draft Plan 18T-83005) WHEREAS a proposal to subdivide and register a plan of subdivision of part of Lot 33, Range 3, B.F.G., Pickering has been approved by the Council of the Corporation of the Town of Pickerlng and the Regional Municipality of Durham, subject to several conditions, one of which requires the entering into of a satisfactory subdivision agreement with the Corporation of the Town of Picketing; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a subdivision agreement, in the form attached hereto as Schedule A respecting part Lot 33, Range 3, B.F.G., Picketing (Draft Plan 18T-83005). BY-LAW read a first, second and third tim.e and finally passed this 21st day of April, 1986. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 219486 Being a By-law to authorize the execution of a subdivision agreement respecting part Lot 33, Range 3, B.F.C., Pickerin g (Draft Plan 18T-83005) WHEREAS a proposal to subdivide and register a plan of subdivision of part of Lot 33, Range 3, B.F.C., Pickering has been approved by the Council of the Corporation of the Town of Pickering and the Regional Municipality of Durham, subject to several conditions, one of which requires the entering into of a satisfactory subdivision agreement with the Corporation of the Town of Pickeringl NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a subdivision agreement, in the form attached hereto as Schedule A respecting part Lot 33, Range 3, B.F.C., Picketing (Draft Plan 18T-83005). BY-LAW read a first, second and third tim.e and finally passed this 21st day of April, 1986. ~n E. An~l~on,-M oa~c$ing) SCHEDULE A TO BY-LAW NO. 2194/86 THIS AGREEMENT made this day of , 1986. BETWEEN: ALASTAIR MACKAY REALTY INC. hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - hereinafter called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part of Lot 33, Range 3, Broken Front Concession, in the Town of Picketing in the Regional Munlcipality of Durham, and with the consent of the Encumbrancer, to register a plan of subdivision of those lands, as shown on a draft plan of subdivision prepared by John Bousfield Associates Limited and designated as Draft Plan Number 18T-83005; and WHEREAS, the Encumbrancer has certain rights or interests in the nature of encumbrances relating to the lands affected hereby; 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: PART 1 - PROPERTY DESCRIPTION LAND AFFECTED The lands affected by this Agreement are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham (formerly in the Township of Pickering in the County of Ontario) and Province of Ontario and being composed of all of Lots 1 to 7, both inclusive, and Block 8, Plan 40M- 2 PART 2 - GENERAL PROVISIONS CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before June 30, 1987, the Town may, at its option on one month's notice to the Owner, dec]are this Agreement to be null and void. 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 ~vord "Owner", or "Encumbrancer" and the pronoun "it" is used, 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 shah be construed accordingly. (2) Schedules A, B, and C attached hereto shall form part of this Agreement. ENCUMBRANCER This Agreement shah have priority over and take precedence over all of the Encumbrancer's rights or interests, 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 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. TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the afore- said lands, or any part thereof, to enter upon such lands in order to comply with the provisions of this Agreement. 3 PART 3 - SERVICES 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. 10. 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 subdi- vision. (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. ll. STORM SEWERS (1) The Owner shall construct a complete storm sewer 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 up- stream 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 aforementioned 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 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, shah be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 12. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowance shown on the plan of subdivi- sion. (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. 4 PART 3 - SERVICES (Cont'd) 13. ROADS- PAVED (1) The Owner shall construct the road shown on the plan of subdivision according to the Town's specifications for paved roads of the Town in effect at the date hereof. (z) Until assumption by the Town, the Owner shah maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads dear of dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the road in the plan of subdivision that the maintenance of it has not been assumed by the Town from the time that it is opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 14. CURBS & GUTTERS (i) The Owner shall construct curbs and gutters on the road to be con- structed pursuant to section 13, above, 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. (z) 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 said specifica- tions. 15. SIDEWALKS The Owner shall construct a sidewalk on the east side of Rouge Valley Drive, according to the specifications of the Town in effect at the date hereof and shall maintain it until it is formally accepted by the Town. 16. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING (i) Underground electric distribution shall be provided for each residential lot and block within the plan of subdivision according to the standards and specifications of Pickering Hydro-Electric Commission. (z) Cable television services shall be provided for each residential lot and block within the plan of subdivision according to the standards of Picketing Cable T,V. Limited. (3) The Owner shall pay all costs of installation of street lighting, including poles and other necessary appurtenances, for the lighting of each street on the plan. 5 PART 3 - SERVICES (Cont'd (4) (5) The lighting shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Munici- pal Electrical Utilities Guide to Municipal Standard Construction. The installation of all works provided for in this section shall be con- structed under the supervision and inspection of Picketing Hydro-Electric Commission and Picketing Cable T.V. Limited, as the case may be. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $2B0 as an engineering drawing inspection fee. (z) All works required to be constructed by the Owner, except those re- ferred to in section 16, above, 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 necessarily be limited to, salaries and and administration fees. (2), above, may include, but not wages of Inspectors, testing 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 shah 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 PART 3 - SERVICES (Cont'd) (z) (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, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by 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 (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 I, 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. (z) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this PART 3 - SERVICES (Cont'd) (3) (4) (5) (6) Agreement, and shall not provide for the drainage of surface run-off water onto Town owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suitable swales and catch basins to manage adequately, in the opinion of the Town's Director of Public Works and Recreation that surface run-off water. The Grading Control Plan is subject to the approval of the Directors of Public Works and Parks and Recreation and of the Metropolitan Toronto and Region Conservation Authority. 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 Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. The Owner shall sod the front, side and rear yards of each of the res- idential lots and block except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 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. In eases 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. 8 PART 3 - SERVICES (Cont'd) 22. DEDICATIONS The Owner shall dedicate registration of the plan. Rouge Valley Drive as public highway upon the 23. TRANSFERS - CONVEYANCES (~) 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 of the final plan, all of Block 9, (Rouge Valley Drive reserve). (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. 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 sewer services both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1), above, 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. STREET NAMES The Owner shall name the street on the plan "Rouge Valley Drive". 26. 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 go~d 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, including Ontario Hydro lands, other than in the 9 PART 3 - SERVICES (Cont'd) actual construction of roads in the plan of subdivision without the written consent of the authority responsible for such ]ands. (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), above. (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 devel- opment of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) Qualitative or Quantitative Tests (f) 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. Relocation of Services (i) (ii) 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. 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. (h) 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. (i) 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. (j) Engineering Drawinl~ s 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. (k) Snow Plowing & Sandin~ 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 sand such roads from such occupied buildings to exist- ing Town roads or to subdivision roads that receive the Town's winter control service, including alternate means of access where avai]able. 10 PART 3 - SERVICES (Cont'd) (1) (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. 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 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 ail points of change in direction of streets on the registered plan. 11 PART 4 - CONSTRUCTION & OCCUPANCY OF BUILDINGS CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) 27. 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 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: (iii) An asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing main- tained public road; and (iv) Such curbs, are required structed on public road. as in the opinion of the Director of Public Works, to be completed prior to occupancy have been con- the said road and extend to an existing maintained (4) (a) Should any building or part thereof in the plan of subdivision be occupied without the prior issuance of a municipal occupancy permit, then in that event, the Owner shall pay to the Town the sum of $1,750 for each building or part thereof so occupied, as liquidated damages therefor. (b) The issuance by the Town of municipal occupancy permits for each and every building on any lot or block in the plan of subdi- vision shall be deemed to be a release from the provisions of this subsection with respect to that lot or block. The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 28. TIME LIMIT FOR CONSTRUCTION (1) The Owner shall construct or cause housing units, all of which shall be date of registration of the plan. to be constructed, in the plan. 8 completed within two years of the (z) In the event that more or less than 8 housing units are to be constructed in the plan, an amendment to this Agreement shall be required. 29. DESIGN PLANNING (1) (a) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the ]ands, 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. (b) This report may be required, at the Director's option, to provide the following information: (i) house massing; (ii) streetscape; 12 PART 4 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) (2) (a) (b) (iii) (iv) (v) (vi) (vii) exterior materials and co]ours; architectural style; visual variety; energy conservation measures; and any other data or information required. 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 unreason,~bly withheld. These plans and drawings may be required, at the Director's option, to provide the following information: (i) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; (ii) the location of landscaping features, including trees to be preserved; (iii) streetscape for front and rear elevation at a scale accept- able to the Director; (iv) streetscape to show all street furniture and vegetation; (v) the relationship of buildings by blocks; and (vi) any other data or information required. 13 PART 5 - FINANCIAL MATTERS 30. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $1,750 per unit for each dwelling unit to be erected in the Plan, each payment to be made when the building permit for the unit is issued. (2) No building permit shall be issued for any dwelling unit unless payment of the unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. (3) Payments of such levies shall be made to the Town from time to time as building permits are required. (4) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than 18 months from the date of registration of the plan. (5) 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. 31. 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 $14,000 as security for: (a) the payments referred to in section 30 hereof; and (b) the payment of liquidated damages referred to in subsection (4) of section 27 hereof. 32. GENERAL PROVISIONS - FINANCIAL ~IATTERS 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 Improvements Prior to the release of the plan for registration, lng local improvement charges which are levied in the plan of subdivision. to prepay any outstand- against any of the lands (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 14 PART 5 - FINANCIAL MATTERS (Cont'd) 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. EXPIRY OF SECURITIES (i) 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 shah 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. 34. TERMINATION OF LEVY/OCCUPANCY SECURITY (i) The security required to be deposited with the Town pursuant to the provisions of section 31, above, may only be terminated or cancelled by the Owner after the Municipal Occupancy Permit for the last residential building or part thereof to be constructed in the plan has been issued by the Town. Notwithstanding the provisions of subsection 1, the Owner may, from time to time, apply to the Town Treasurer for a reduction in the amount of the security referred to in subsection 1, as Municipal OccupaNcy Permits are issued. ]5 PART 6 - PARKS & TREES 35. PROVISION OF PARKLAND The Owner shall pay to the Town, prior to the registration of the plan, the sum of $8,330 cash in lleu of the provision of park]and and the Town agrees to accept that sum for that purpose. 36. LANDSCAPE PLANNING (1) The Owner shall, prior to the issuance of building permits for any of the units to be erected on the lands, submit a landscaping plan for all of the lots on the plan to the Town for approval. (2) Upon approval by the Town of a landscaping plan, the Owner shall con- struct, install or plant the landscaping works, as the case may be, in conformance with the landscaping plan according to the time limits set out in Schedule A. 37. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 8 trees of a size and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. (3) The trees 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 8 trees to be planted, the Owner shall pay to the Town $100 for every tree which cannot be planted for tree planting in a public land area within the community in which the plan is located. 38. TREE PRESERVATION (1) The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved. (2) The Program shall be submitted to the Director of Planning for review and approval, 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 Preservation Program is removed or is, in the opinion of the Town's Director of Parks and Recreation, 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 spe- cies determined by the Director; such replacement shall be at no cost to the Town. 16 PART 6 - PARKS & TREES (6) The Owner's liability under subsection (5), above, shall continue until, (a) where the lands upon which the tree is located comprise a res- idential building lot, twelve months after the completion of the sodding on the lot, or (b) where the lands upon which the tree is located comprise lands other than a residential building lot, the expiry of the guarantee period referred to in section 1 of Schedule A of this Agreement. IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their Corpo- rate Seals attested to by the hands of their proper officers in that behalf fully au- thorized. SIGNED, SEALED & DELIVERED ALASTAIR MACKAY REALTY INC. THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk 17 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Save as herein otherwise provided, the Owner shall complete the works required under this Agreement within two years from the date of the registration of the plan of subdivision, and shall guarantee the workmanship and materials for a period of two years from the date that the said works are approved in writing by the Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. TEMPORARY TURNING CIRCLES (1) Notwithstanding the provisions of sections 12, mont. the Owner shall construct, at its sole specifications, a temporary turning circle immediately south of Block 9. 13, and 14 of this Agree- expense and to the Town's on Rouge Valley Drive (2) Further, 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. (3) As the temporary turning circle on Rouge Valley Drive will be required only if the sequence of construction in this plan and adjacent plans warrants it, the Director of Public Works may wai've the construction of the turning circle, at his sole discretion, if that sequence does not warrant it. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall he demolished by the Owner, at its sole expense, prior to the issuance of any building permit. PARK FENCING (1) The Owner shall erect, prior to the commencement of the development of the lands in the subdivision, a permanent fence of nine (9) gauge, galvanized steel link fencing, having 0.05 metre mesh, 1.8 metres high~ along the rear lot lines of Lots 1, 2 and 3 and Block 8. The fencing required to be constructed pursuant to subsection (1) above. 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. FUTURE DEVELOPMENT BLOCK - BLOCK 8 Block 8 shall be reserved by the Owner for future residential conjunction with the lands abutting it and shall be maintained satisfaction by the Owner until developed. development in to the Town's CO-ORDINATED DEVELOPMENT - BLOCK 8 (1) Block 8 shall be developed in conjunction with Block 10, Draft Plan lgT-83012, so that one dwelling unit shall he erected on the pair of abutting blocks. (2) The development of Block 8 on this plan and Block 10, Draft Plan 18T-83012, shall be governed by the provisions of this Agreement. A-1 SCHEDULE B SPECIAL PROVISIONS REQUIRED BY OTHER AGENC1ES The sections set out in this Schedule represent provisions not af[ectlng the Town but required to be inserted in this Agreement by other agencies: these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any way to any of the other provisions of this Agreement. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") and MINISTRY OF NATURAL RESOURCES ("M.N.R.) The Owner shall carry out. or cause to be carried out, to the satisfaction of M.T.R.C.A. and M.N.R.. the recommendations referred to in the report required in Gondition 9 of the approval dated December 22, 1983 of this plan by the Commissioner of Planning of The Regional Municipality of Durham. B-1 BLOCK 8 PA R T /,VST P,~R T BLOCK c:jJ i,I r'~ I. LJ 0 ct" 2 FRO,? F 4 SECF,'ON P/CKER/,VG 6 ,o,~RCE£ $FC0,¥ .~-ZJ-.'~. SECT,'O,¥ P.'C.¥E.?/,¥G ,O~RT :) 4~.9- ,°AR T /.'¢,9 T ,V-~