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HomeMy WebLinkAboutBy-law 2281/86THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.2281/86 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-84019; Cougs/Coughlan) WHEREAS a proposal to subdivide and register a plan of subdivision of part of Lot 33, Range 3, B.F.C., Picketing 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 Pickering; 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-84019/Cougs (Coughlan)). BY-LAW read a first, second and third time and finally passed this 30th day of June, 1986. TOWN OF PICKERING APPROVED LEGAL D E"~.. THIS AGREEMENT made this 30th day of June, 1986, BETWEEN: COUGS INVESTMENTS LTD. hereinafter called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, hereinafter called the "Encumbrancer" OF TIlE THIRD PART. WHEREAS, the Owner proposes to subdivide part of Lot 30, Range 3, Broken Front Concession, in the Town of Picketing in the Regional Municipality 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 designated as Draft Plan Number 18T-84019, as revised; and WHEREAS, the Encumbrancer has certain rights or interests in the nature of encum- brances 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 1. 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 Picketing in the County of Ontario) and Province of Ontario and being composed of all of Lots 1 to 44, both inclusive, and Blocks 45 to XX, both {nclusive, Plan 40M- PART 2 - GENERAL PROVISIONS 2. CANCELI,ATION 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, declare this Agreement to be null and void. 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 thareof in the Post Office. 4. INTERPRETATION Whenever in this Agreement the word ~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~, respectivcly, and the number of the verb agreeing therewith shall be construed accordingly. Schedules A, B, C and D attached hereto shall form part of this Agree- ment. 5. ENCUMBRANCER This Agreement shall 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 he of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding npon 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. 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 shah complete, perform or make payment for such other matters as may be provided for herein. 10. CONSULTING ENGINEERS 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. 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. 11. STORM SEWERS 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. 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 conBection shall not constitute acceptance of the sewer system by the Town. (~) 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. 12. ROADS - ROUGH GRADE (~) 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 subdl- 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. 4 PART 3 - SERVICES (Cont'd) 13. ROADS - PAVED (1) The Owner shall construct the roads shown on the plan of subdivision, reconstruct Sheppard Avenue adjacent to the p]an, restore Barry Drive north of the plan, and add 7.6 cm of asphalt to Barry Drive north of the plan, according to the Town's specifications for paved roads of the Town in effect at the date hereof. (2) Until assumption by the Town, the Owner shah maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear 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 roads in the plan of subdivision, Barry Drive and Sheppard Avenue adjacent to 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. 14. CURBS & GUTTERS (D The Owner shall construct curbs and gutters on the roads to be con- structed, reconstructed or restored 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. (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 said specifica- tions. 15. SIDEWALKS The Owner shall construct a sidewalk, (a) on the east side of Barry Drive outside the plan of subdivision, (b) on the north side of Barry Drive within the plan of subdivision, (c) on the south side of Sheppard Avenue adjacent to Lots 42, 43 and 44, (d) on Sundown Crescent adjacent to Block 48, Lots 1 to 9, and Block and (e) on the west side of Edmund Drive, according to the specifications of the Town in effect at the date hereof shah maintain them until they are formally accepted by the Town. 49, and 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 Picketing Hydro-Electric Commission. (2) Gable television services shall be provided for each residential lot and block within the plan of subdivision according to the standards of Picker- lng Gable T.V. Limited. PART 3 - SERVICES (Cont'd) (3) (4) (5) The Owner shall pay all costs of installation of street lighting, including poles and other necessary appurtenances, for the lighting of each street and walkway on the plan, and of the upgrading of street lighting on Sheppard Avenue adjacent to the plan. 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 $1,575 as an engineering drawing inspection fee. (z) All works required to be constructed by the Owner, except those re- ferred to in section 16 shall be installed under the observation of Inspec- tors 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; PART 3 - SERVICES (Cont'd) (3) (4) (b) guaranteeing the payment of any amounts payable to tee 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 I,ien 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. 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 tBe security and such application shall be made to the Town Treasurer. Upon written verification from the Director of Public Works that tBe 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 th an, (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, discBarged or provided for by pay- merit 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 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 PART 3 - SERVICES (Cont'd) (2) (3) (4) (s) (6) 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. The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in e'ffect 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 suitable swales and catch basins to manage adequately, in the opinion of the Town's Director of Parks and Recreation, that surface run-off water. The Grading Control Plan is subject to the approval of the Town's Direc- tors 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 blocks except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 21. INCOMPLETED OR FAULTY WORK (i) 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 PART 3 - SERVICES (Cont'd) considerations, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Barry Drive, Edmund Drive and Sundown Crescent as public highways upon the registration of the plan. 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 thereof, all of, (a) (b) Block XX (Edmund Drive reserve), and Block 50 (Sundown Crescent reserve). (2) Notwithstanding the provisions of subsection (]), 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. The Owner shall convey to the Town, {tee 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, an irrevocable option to purchase within twenty years of the date of the registration of the plan, at a price fixed at $2.00 each, 3.048 metre wide strips of land across the front of each of Lots 42, 43 and 44, for road purposes. (4) In order to effect the conveyance referred to in subsection (3), the Owner shall obtain and register, at its expense, a reference plan ap- proved by the Town and showing each strip as a separate part. 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. (z) 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) shal! 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 sha]! lie. 25. STREET NAMES The Owner shall name, on the plan, (a) (b) (c) the street adjacent to Lots 26 to 37, "Barry Drive", the street adjacent to Lots 25, 26, 41 and 42, "Edmund Drive", and the street adjacent to Lots l0 to 25, "Sundown Crescent". 9 PART 3 - SERVICES (Cont'd) 26. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches to residential lots or blocks in the plan and to existing driveways on Barry Drive north of the plan 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 fill from any public lands, including Ontario Hydro 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 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 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) 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. ( 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. 10 PART 3 - SERVICES (Cont'd) 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 blz the Director of Public Works. 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. (k) Snow Plowing & Sanding of Roads (1) (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 available. (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 al1 block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. 11 PART 4 - CONSTRUCTION & OCCUPANCY OF BUILDINGS CONSTRUCTION & OCCUPANCY OF BUILDINGS 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. 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 thc 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, 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) (a) Should any building or part thereof in the plan of subdivision be occupj?d without the prior issuance of a municipal occupancy permit, then in that event, the Owner shall pay to the Town the sum of $2,000 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. (5) 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 I,IMIT FOR CONSTRUCTION (~) The Owner shall construct or cause to be constructed, in the plan, 45 housing units, all of which shall be completed within two years of the date of registration of the plan. (2) In the event that more or less than 45 housing units are to be construct- ed 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 lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architectural design obiectives for the subdivision, which approval shall not be unreasonably withheld. 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) (a) (b) (iii) (iv) (v) (vi) (vii) exterior materials and colours; 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 unreasonably withheld. These plans and drawings may be required, at the Director's option, to provide the following information: 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 ail 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 $2,000 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. A letter from the Clerk of the Town advising that thc: 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 $90,000 as security for: (a) the payments ~eferred 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 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) I,ocal Improvements Prior to the release of the plan for registration, to prepay any outstand- ing 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 ali registration casts 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 ail 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 supphed for or on behalf of the Owner in connection with the subdivi- sion, or if such claims do exist, the Owner shah indemnify the Town against ali claims, actions or demands for liens or otherwise and ail costs in connection therewith. 33. 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. 34. TERMINATION OF LEVY/OCCUPANCY SECURITY (1) 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 pa.rt thereof to be constructed in the plan has been issued by the Town. (2) 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. 15 PART 6 - PARKS & TREES 35. PROVISION OF PARKLAND Prior to the registration of the plan, the Owner shall pay to the Town the sum of $46,856.25 in satisfaction of the Owner's obligation to provide parkland for Lots 1 to 44 and Block 48. 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, 47 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 47 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. 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. (2) 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} 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 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 WIIEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SE^I,ED ~ DELIVERED COUGS INVESTMENTS LTD. 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 Subject to the provisions of section 8 of this Schedule, the Owner shall com- plete the works required under this Agreement within two years from the date of the registration of the plan of subdivision, and shall guarantee the workman- ship 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, 13, and 14 of this Agree- ment, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on Sundown Crescent, immediately north of Block 50. 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 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 the con- struction 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. TIMING OF REGISTRATION OF PLAN This plan shall not be registered until a Regional Municipality of Durham ser- vicing agreement for Draft Plan 18T-85022 has been executed. CONTRIBUTIONS TO COSTS OF DOWNSTREAM SERVICES (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $ , being the Owner's share of the costs to the Town of the acquisition, construction and installation of downstream storm water detention facilities and related services, which serve, in part, the lands in this plan of subdivision. (z) Prior to the registration of the plan, the Owner shall pay to Sandbury Building Corporation the sum of $ being a portion of the costs to that company of the acquisition, construction and installation of facilities which serve, in part, the lands in this plan o£ subdivision. FUTURE DEVELOPMENT BLOCKS - BLOCKS 45, 46, 47, 48 and 49 (I) (z) Blocks 45, 46, 47, 48 and 49 shall be reserved by the Owner for future residential development in conjunction with the lands abutting them and shall be maintained to the Town's satisfaction by the Owner until devel- oped. Development of Blocks 45, 46, 47 and 49 shall not occur until after an amendment to this Agreement specifically permitting it. A-1 SCHEDULE A (Cont'd) 7e CO-ORDINATED DEVELOPMENT - BLOCK 48 (1) Block 48 shall be developed only in conjunction with Block lb0, Draft Plan 18T-85022, to provide one dwelling unit. (2) The development of the lands described in subsection (1) shall be governed by the provisions of this Agreement. CONSTRUCTION STAGES (1) The Owner shall develop the plan in two construction stages, as shown on Schedule E hereto. Despite any other provisions of this Agreement, time limits affecting the development of, or the erection of dwelling units in, Construction Stage 2 shall be computed from the date of registration of the M-Plan for Draft Plan 18T-85022, and not from any other date. BUILDING SETBACKS - LOTS 42, 43 AND 44 For so long as the Town holds the option described in section 23 of this Agree- ment to purchase 3.048 metre wide strips of land across the front of each of Lots 42, 43 and 44, the Owner shall set back all buildings or parts thereof on those lots 3.048 metres further from Sheppard Avenue than would otherwise be required by Zoning By-law 3036, as amended by By-law 2189/86. 10. BARRY DRIVE IMPROVEMENTS Upon the completion, to the satisfaction of the Director of Public Works, of the following works on Barry Drive north of the plan: (a) addition of 7.6 cm of asphalt (section 13) including provision of any base necessary to permit the addition of asphalt; (b) construction of curbs and gutters (section 14); and (c) paving of driveway approaches (section 26 (a)), the Town shall pay to the Owner an amount equal to the lesser of, (d) the actual cost to the Owner of those works, including the design thereof; or (e) $20,000.00. A-2 SCHEDULE B SPECIAL PROVISIONS REQUIRED BY OTHER AGENCIES The sections set out in this Schedule represent provisions not affecting 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.") (1) The Owner shall carry out, or cause to be carried out, to the satisfaction of M.T.R.C.A., the recommendations referred to in the report required in Condition 9 of the approval of this plan dated February 12, 1985 by the Commissioner of Planning of The Regional Municipality of Durham. (2) The Owner shall obtain a permit from M.T.R.C.A. for the works de- scribed (sic) in Condition 9(b) of that approval. CANADIAN NATIONAL RAILWAY The Owner shall insert the following clause in the sale and purchase agreement for each lot: Due to the proximity to the Canadian National Railroad, train traffic noise may interfere with some activities of the dwelling occupants. B-1 SCHEDULE C FUTURE CONTRIBUTIONS TO OVERSIZING COSTS In the event that the storm drainage system required by the Town to be constructed by the Owner pursuant to the provisions of section 12 of this Agreement is to be of a larger capacity, in whole or in part, than neces- sary to service all the lands in the plan of subdivision, then the pro- visions of this section shall apply. V~ithin 60 days of the acknowledgement, by the Townts Director of Public Works, of the completion of the storm drainage system, or any part thereof, as the case may be, as provided for in section 20 of this Agree- ment, the Owner's Consulting Engineer shall provide to the Town, in a form satisfactory to the Town, a detailed summary of the Owner's actual cost of the design and construction of the required storm drainage system, excluding lateral connections; and a detailed estimate of the Owner's probable cost of the design and construction of the said system, excluding lateral connections, had the system been required by the Town to service the lands in the subdivision only. (3) Within 30 days of the receipt by the Town of the summary and estimate referred to in subsection (2), in a form satisfactory to the Town, the Town Manager shall determine and notify the Owner in writing of the following: (a) the ar.ca of the lands outside the plan of subdivision, if any, that the storm drainage system shall be deemed to service for the pur- poses of this section (the "external lands"); (b) the portion of the Owner's actual cost, referred to in subsection (2), that the Town shall deem to be applicable to the external ]ands for the purposes of this section (the "oversizing cost"); and (c) the amount of the oversizing cost that the Town shall deem to be applicable to each hectare of the external lands (the "per hectare oversizing cost"), and that determination shall be final. (4) In the event that the external lands, or any part thereof, are to be developed by plan of subdivision, plan of condominium or any other method requiring a development agreement, then the Town shall endear- our to ensure that the owner thereof pays to the Owner herein, prior to the development of those lauds, all or an appropriate portion of the oversizing cost, (a) calculated according to the gross area immediately prior to devel- opment of the external lands to be developed and the per hectare oversizing cost, and (b) adjusted annually, for a maximum of five years from the date of the notification referred to in subsection (3), above, according to the Southam Construction Cost Index for Ontario, composite portion. (5) In consideration of the Town apl)roving the plan of subdivision and entering into this Agreement with this section included, the Owner here- by, (a) remises, releases and forever discharges, and (b) agrees to indenmify and save harmless, C-1 SCHEDULE C (Cont'd) the Town, its officers and employees and their r~*spective heirs, execu- tors, admir~istrators, successors and assigns, of and from all actions, causes of action, accounts, claims, debts, damages, demands, and costs associated therewith, arising, to arise or which may hereafter be brought against them, or any of them, by or on beha~,f of the Owner, or any other person, because of the provision.q of this section or any error, omission, failure or negBgence in the applicatiol~ Ibereof. PRELIMINARY ESTIMATES (1) Notwithstanding the provisions of subsection 1(2) of this Schedule, the summary referred to therein may be provided to the Town in the form of preliminary estimates prior to the completion of the works in question, but, if such preliminary estimates are provided, a detailed summary of actual cost must be provided in accordance with subsection 1(7.) or the Town's obligations under this Schedule shall cease. (2) The previsions of subsections 1(3), 1(4) and 1(5) shall apply to all preliminary estimates provided, mutatis mutandis, but all determinations resulting therefrom shall be subject to confirmation or adjustment, at the Town Manager's sole discretion, upon the Owner's Consulting Engineer providing to the Town '~he detailed summary of ~c~ual cost in accordance with section l(*"). C-7. SCHEDULE D CONSTRUCTION STAGES SHEPPARO AVENUE LOT L,';T 5 LOT L.~;T 8 I.C~T 9 ALL DIMENSIONS SHOWN ARE IN METRES D-i