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HomeMy WebLinkAboutBy-law 2444/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2444/87 Being a by-law to authorize the execution of seven Subdivision Agreements respecting the development of Lot 20, Concession 2, Picketing (Draft Plan 18T-79088); Grand Oak Homes. WHEREAS the proposal to subdivide and register s Plan of Subdivision of Part of Lot 20, Concession 2, Picketing, has been approved by the Council of the Corporation of the Town of Pickering and the Ministry of Municipal Affairs and Housing, subject to several conditions, one of which requires the entering into of satisfactory Subdivision Agreements with The Corporation of the Town of Pickering; 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 seven Subdivision Agreements, in the form attached hereto as Schedules A, B, C, D, E, F and G, respecting the development of that part of Lot 20, Concession 2, Pickering, included in Draft Plan 18T-79088 (Grand Oak Homes). BY-LAW read a first, second and third time and finally passed this 21st day of April, 1987. : /~hn'E. Ar~der~'l~f, Mayor/// Bruce Taylor/ TOWN OF PICK ER:['4O SCHEDULE A TIIIS AGREEMENT made this BETWEEN: day of , 1987. GRAND OAK ItOMES (EASTERN DIVISION) INC. hereinafter called the "Owner" OF THE FIRST PART, - and - TllE CORPORATION OF TflE TOWN OF PICKERING hereinafter called the "Town" OF TIlE SI,~CON1) PART, TItE BANK OF NOVA SCOTIA and NORTHLAND BANK in LIQUIDATION hereinafter collectively called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part of Lot 20, Concession 2, 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-79088, as revised (Phase 1); NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideratioo 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: LAND AFFECTED The lands affected by this Agreement (the "Lands") are inclusive, and Blocks 58 to 61, both inclusive, Plan 40M- Lots ] to 56, both , Pickering. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 1987, 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 tnay be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the secoud day immediately following the date of tbe deposit thereof in the Post Office. 4. INTEB. PP, ETAT1ON (l) the pronoun "it" is used, it shall he read and construed as u(Iwnev or respectively, and tile number of the verb agreeing 'therewith shall be construed accordingly. Schedules A arid 13 attached hereto shall form part of this Agreemcnl. TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein and be binding upon the Parties hereto, contained shall enure to thc their successors and assigns. I~ p.l',e fi t of '?. IACI£NCE TO ENTER The Owner M~all retain a licence from any subsequent pnrchaser of tile I.ands, or any part thereof, to enter upon the I,ands in order to comply with the provisions of this Agreement. 8. OWNER'S GENERAL UNI)EIUFAKING 'File Owner shall complete at its own e×pense and in a good ,.vorkmaulike. man- ncr, for the Town, all the municipal services as hereinafter set forth Io the satisfaction of the Town of Picketing, and shall complete, pt!florin or make payment for such otber nDatters als may be provided for herein. CONSULTING ENGINEERS The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and lo supervise generally the work reqoired to be done for the development of Iht: plan subdivision. Such Consulting Engineer, or any successor thereto, shall continue lo lie retained until tide work provided for in this Agremnent is completed and formally accepted by the ']'own. 10. STORM DRAINAGE The Owner shall construct a complete storm water drainage and manage- ment system, including storm connections to tile street line and catch basin leads to service all tile lands in the plan of subdivision and to provide capacity for lands upstream of the plan of subdivision, accordillg to designs approved by the D½rector of Public Works anti acct~rdil~g t(~ Ihe specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, imtil it is formally accepted liy the Town. Such system shall he constructed to an outlet or outlets according to designs approved by tide Director of Public Works and shall be of ~uffi cient size and depth and at locations either within or outside the lands affected hereby to service tile plan of subdivision and the aforenlcntitmt:d lands outside the plan of suhdivision, which in lhe opinion of lhe l)ireclor of Public Works, will require its use as a trunk outlet. (~) (4) Should, in the opinion of the Director of Public Works~ an inadeqnate stream or structure exist in the outlet system outside the plan of subdivi-- skin, the O~ner may be required to carry out such works as art: ~mc~s ~at'y to previde an adequate outlet. The Towu [nay connect or author(ge connection into' any part of lh~ system but such conneclion shall not constitute acceptance of thc scwdr system by the Town. No connection under subsection 4, above, shah be undertaken or all- thurized prior to preliminary acceptance of the sewer system by Tuwn, except in an emergency. 11. ROADS - ROUGtl GB. ADE Prior to the installation or construction of the municipal set'vices providc, d for herein, tile Owner shall rough grade to the Town's specifications the full width, the propesed road allowances shuwn on the plan of subdi- visioo, The Owner shall keep ali boulevards clear and free of materials and ohstructions which might interfere with the installation of electric, tele-. phone, gas or otimr utilities. 12, ROAI)S - PAVED (l) The Owner' shall construct the roads shown on the plan of suhdivi:don according to the 'Fown~s specifications for paved roads of lhe Towo in effect at the (late hereof. (2) tin(il assumption by the Town, tile Owner shall maintain and repair roads heth within and ootside the plan of subdivision where consh'uction has taken place or that are used 'by constroction traffic entering the plait sultrily(sion and keep such roads clear of mud, dust, refuse, rublAsh other litter of all types. (3) The Owner shall erect arid maintain adequate signs to warn all persons ((sing the roads itl the plan that the maintenance of them has not I~eett assnmed by tile Town from tile time that they are opened nntil formal assumption hy the Town. ,~;uch signs and tim location tile(eof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTEI1. S (]) The Owner siiall construct curbs and gutters on the roads to be con- sirs(ted pursuant to section 1Z, according to the specifications of lhe Town iu effect at the (late hereof and shall maintain them unlil they avl: formally accepted by the Town. If any curb depressions are riot located correctly with respect to a drive- way, the Owner' shall ((instruct a curb depression in the correct location and fill iu the original curb depression according to the specifications. i4, SIDEWALKS The Owner siiall construct the following segment of sidewalk in accordance with the time limits set out in se(lion I of Schedule A: (al adjacent to Block 60 on the south side of Major Oaks l)rive and on the east side of l,'orsyth Lane. 3 (2) The Owner shall construct the following segments of sidewalk, in each case prior to the occupancy of any dwelling unit on any lot adjacent to that segment, despite the provisions of section 1 of Schedule A: (a) adjacent to Block 59, Lots 51 to 56 and Lots 1 to 7 on the north-east side of Major Oaks Road; adjacent to Lots 22 to 29 and Block 62, on the north-east side of Major Oaks Road and on the north side of Hollyhedge Drive; (c) adjacent to Lots 30 to 46 on the south-west side of Major Oaks Road and on the west side of Alpine Lane; (d) adjacent to Lots 47 to 50 on the south side of Major Oaks Road; adjacent to Block 57 and Lots 15 to 21 on the north-east side of Itollyhedge Drive. (3) The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and ill accor- dance with the standards and specifications of Picketing ltydro-Electric sion, Pickering Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (1) The Owner shall install street lights, including poles and other necessary appurtenances, on each proposed street in the plan. (2) Electrical service for street lighting shall be provided undergronnd arid not aboveground. (3) Street lighting and its related electrical service shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. (4) The installation of street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay lo the Town the sum of $2,450 as an engineering drawing inspection fee. (z) All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay thc 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 (l) Before commencing any of the work provided for herein, the Owner shall supply the Town with a IAabi]ity 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. 4 (2) (3) (4) 'rim amount of the Policy shall be $5,000,000. ltl the event any renewal premium is not paid, tile Town, in order lo prevent the lapse of such I,iability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of such r~newal or renewals within 30 (lays of the account therefor being rendered I)y Ihe Town. It shall be tile responsibility of tile Owner to notify thc Town of Iht dates for tim renewal of the premium uf the said policy and I- supply [)roof that the premium of tile said policy has been paid i. order thai tile protectioo l)rovided by Ibc Liability lnsnrance Policy shall not Iai)se. 19. PFA/FOItMANCE & MAINTENANCE GUARANTEE ti) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply lhe Town wHh a 60~ performance and maintenance security in a form sali:~l'aclory to the Town and in an amount established by the Director of Pul)Itc Works (Ihe "original value") for the purl)use of, (~) guaranteeing thc satisfactory construction, installalion or perl:or- mance of tile works; guaranteeiug the payment of any amounts payable Io the Town under section 17 of this Agreement; Cc) guaranteeing tile payment of any amount that the Town may lm required to pay under the provisions of tbe Construction l,ien Act, 1983, aud Cd) guaranteeing all works, workmanship anti materials for a period of 2 years from the (late that the works are completed ant[ such completion acknowledged, in writing, I)y the Director o1 Public Works. (2) The Owner may, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction iix tim security and such application shall be madc~ to the '['owit Treasurer. (3) Upon written verification from tile Director of Public Works Ihat the construction, installation or performance of the works for which reductio~l is being sought have been satisfactorily completed and paid for, the Town Manager may, reduce the amount of tile security to an al~lOtllll il()[ lc:ss Lhau, Ca) sixty per cent (60%) of tile original value where no certificate or cleclaration of substantial performance }las been made; Cb) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 clays following such publication have expired; and (iii) all liens that may be claimed against any boldback required to be retained by the Town have expired ov have been satisfied, discharged or provided for by pay- ment into court; Cc) seveuteen per cent (17%) of the original value where, ti) a certificate of final completion has been made by Owner's Consulting Engineer; (ii) 45 clays following tim making of such certificate have expired; sod (iii) all liens that may be claimed against any holdback recluired to he retained by the '['own have expired or have been satisfied, discharged or provided lot by pay- meat tole court; which seventeen per cent (]7%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the b;.danee of the security shall he retnrned t- tltt: ()~t/er subjecl to any deductions for rectification of deficiencies. Upoo the approval, if any, rt:(lnired to be provided Treasurer shall provide to thc redoction. of a reduction in the amount of the security subsection 1, the Town Managcr or the 'Pow. tize Owller any necessary asStll'allce Io t:ffecl DRAINAGE - SODDING The Owner shall provide the Town, before commencing any of lhe work provided for herein and prior lo tile commencement of the devclopmenl of the plan of sul:,division, with a Grading C. ontrnl Plan prepal'ed by Ihe Owner's Consulting Engineer, establis}fing the proposed gradi.g I,mds Io provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of snhdivision. (~) The Grading Control Plau shall he prepared itl accordance with the '['owo~s Lot Drainage Specifications in effect at the date of this Agcet:- meet, and shall not provide for tile drainage of surface run-off waiev onto Towo-owned parkland, epee space or walkways unit. ss provision is made for tile installatioe by the Owner, itt no cost to the Town, of suit- able swales and catch basins to manage adequately, in the opiate, of the 'l'own~s Director of Parlcs and Recreatioo, that surface rtln--off wale~'. (3) The Grading control Plan is subject to the approval of tile Town's I)irec-- tots of Public Works and Parks and Recreation and the Melrolmlita. Toronto and Region Conservation Authority. (4) The grading of all lands shall he carried out by the Owner in accordance with the apl)roved Grading Conlrol Plan, under the supervision el tl~t: Owner's Consulting Engineer. If, in the opinion of the l)irector of Public Worlcs. drainage l*vohlcms occur prior to formal acceptance of the works in the plan of sul~di¥i~iion h¥ the Town. the Owner shall correct them by re-grading or I~¥ lite COllStl'l. lCtiOIl Of catch basill$, swales or other structures az Iltily be ileces-- sary to correct such problems. (6) Tim Owner shall sod the front, side and rear yards of eaci~ of thc res- idential lots and blocks except for paved, planted or treed ill'ei~ti, .po. the completioo of the construction of buildings titereon. 21. INCOMPI,I,2TEI) OR FAULTY WOP, K (it 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 coral>icier{ within the specified time, or is improperly performing the work. or shall tim Owner neglect or abandon it before the completion, or tlnreat;otlal)ly delay the same so that the condilions of this Agreement ara being violated or carelessly executed, or in bad faith, or shall the Owner neglect m' refuse to renew or again perform such work as may be rejected hy the Director of Pnblic iVorks as defective or unsuitable, or shall the Owllt:l' ill aoy other manner, in the opinion of the Director of Public Works, malco default in performance of the lerms of this Agreement, then i. any such (2) case, the sltid Director of Public Works shall promptly notify tile Owuer and his surety in writing of such default or neglect and if ~uch notifica- tion be wi)bout effect within 10 clear days after ~uch notice, ~hcn hx that case, lhe Director of Public Works shall thereupon hav~ full anHmrily Io purchase such malerials, tools and maclfinery and to employ soch workmen as iii bis opinion shall be required for )tie proper completion of thc said work at the cost and expense of the Owner or his surety, or Imth. In cases of emergency, iu tire opinion of the Director of Public such work may be clone without prior notice but tire Owner sllall fortbwitla notified. The cost of such work shall lie calculated by tile Director of Public Works whose decision shall be final. IL is understood and agreed that such costs shall include a nia~lagel.ent fee of twenty per cent (20~) of the labour and material value, slid fur-- ther, a fee of thirt~ per cent (30~) of the value for the dislocation and of the Owner, it being hereby declared and agreed that thc assuming the Owner of the obligalions imposed by this paragraph is one of the considerations, without wtiicb the '['own wonld not have executed this 22. DEI)ICATIONS '['he Owner shall dedicate Alpine Lane, Forsyth Lane, Hollyl~edge Drive Major Oitks Road as public highways upon tile registration of the plan. 23. TRANSFIgI{S - CONVEYANCES (1) The Owner shall convey to Lite Town, free and clear of all encundn'ances and at a~o cost to the Town, upon the registration of tile l)lan or wilbi~ the 30 days immediately following the registration thereof, al/ (a) (b) (c) (d) Blocks 65 and 6'7 (Major Oaks P, oad reserves); Block 63 (Alpine l.ane reserve); Block 64 (Forsyth l,ane reserve.); Block 66 (llollybedge Drive reserve). Notwithstanding the provisions of subsection (1), above, a tranafer required therein shall not be deemed to be subject to an uncund~vancu if that enctllBbrance relates in ally way to the existence or tllai~tenil~lce of a public utility in operation as of the date of this Agreement. 24. TP, ANSFI£RS - EASFMEN'FS (~) The Owner shall arrange tit rio cost to the Town for granting to the Town such easements as the Director' of Public Works or his designate ~ball (lee~n necessary for the provision of storm sewer services both within thc boundaries of the plan of subdivision and scross lands adjacent tl,ercto but outside its boundaries. Such easements shall be subject to tile approval of the Director ol PulAic Works or his designate its to their location and width. The construction of any services in such easemmxt or easements referred to in subsection (1) shall not commence until the easement has becu acquired, tmless permission to cio scl has been obtained by the Owner, in writing, from the Town and from the registered owner of tilt: lauds ;acl'c)kis which the easement shall lie. 7 25. GENI,;I~AI, PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Drivew_~ Ap~o_aches To pave all driveway approaches between the curb and sidewall<, or, where no sidewalk ix to he provided, between the curb and lite lo! line. (bt Continuation of Existing Services Where the construction of services herein invo]ves a continuation existing services, lo join into the same, including adjustment of grades where necessary, irt a good and workmanlike manner. (ct Public Lands - Fill $ Debris (it Neither to dump nor to pernfit to be dumped, any till or d=bris on, nor to remove or permit to be removed, any fill from any public lands, other than in the actual construction of roads in plan of subdivision withonl the written consent ot the authority responsible for such lands. (ii) On request, to supply tile Town with an acknowledgement from such authority of the Owner's compliance with the terms t~f ~ub- clanse (i). (iii) That there shall be no I)urning of refnse or debris upon its lands or any pnblic laods. (d) Construction Traffic Wherever possible, to ensure that construction traffic serving thc devel- opment of this plan does not use roads, in this plan or adjacent plans, having occult!ed residential nnits fronting thereon. (et Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative tesls made of an,/ materials which have been or are proposed to Itt; used in tim coustruction of any services required by this Agreement. and the corm of snch tests shall be paid by the Owner within 30 days of lite ,iccotlll| being rendered by the Town. (t) Relocation of,Services (it To pay the cost of relocating any existing services and utilities caused by the subdivision work within 30 days of Ihe account for same being rendered by the Town. (ii) Similarly to pay the cost of moving any services or utilities installed under lhis Agreement in driveways or so close timreto, in the opinion of the It!rector of Public Works, as to interfere witt~ the use of the driveway. (g) S.~peci fication s Unless otherwise provided, to perform any work required to he done under this Agreement to the specifications of the Town in effect at the date hereof, th) Temporary Sil~ns To provide and erect at its own cost, to the specifications of tile 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 atad at such locations as may he (leMgna- ted hy the l)irector of Public Werks. (j) I;.~ [g,i nee ri n ~, 1') ra wing~_ Prior to tile final acceptance of the subdivision, to supply the Town with tim original drawings of the engineering works for the plan of snhdivi-- sion, with amendmc, nts, if any, noted thereon. (k) Snow Plowintl & Sanding of Roads (~) (i) If, ia the opinion of the Director of PuBlic g/orks, thc condition of the road surface ix tho[ acceptable for winter control, lo snow plow and sand such roads from such occupied huildi~gs Io exist-- lng Town roads er to subdivision roads that receive the winter control service, including alternate means of access where available. (ii) Such snow l)lowing and sanding shall be done from time to lime when the Director of Public Works deems conditions warrant and until such time its the roads ;ire acceptable [o the Director of Public Works for winter control. 2Survey Monuments & Markers Prior to the acceptance of the suhdivision by the Town, to supply a statement by an Ontario I~and Surveyor that, after the completion ol the snl)division work, he has foulld or re--established all standard iron hers as shown on the registered plan, and survey monuments at all I~lock corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. 26. CONSTRUCTION & OCCUPANCY OF BUll. DINGS (i) No building perlnit shall be issued for any hnilding or part of a Imihting in the subdivision until sewer and water facilities are avaihd~te, alld ill Ihe opinion of the Director of Public Works, capable of previding admluate (2) No Building or part of a Building in the subdivision shall he ~mcupied except upon the issuance of a mnnicipal occupancy permit. (3) No application for a municipal occupancy permit for a buihling or part of a boilding 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 Bas been laid on the road immediately in fro,,t of the hnilding or part therenf and extended to an existing tained public road; and (iv) Such curbs, ax in the opinion of the Director of PuBlic Works, are required to be completed prior to occupancy have been con- strutted on the said road and extend 1o an existing maid,tail,ed public road. (4) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assnmed by the Town. 27. DWELLING UNITS In the event that more or less than 70 dwelling units are to be constructed in tbe plan, an amendment to this Agreement shall be required. 28. DESIGN PLANNING (1) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architec- tural design objectives for the subdivision, which approval shall not be unreasonably withheld. The report referred to in subsection (1) may be required, at the Direc- tor'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 required. (3) The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. (~) 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) (f) the location of all buildings and structures to be erected and the location of all facilities and works associated therewitb; the location of landscaping features, including trees to be pre- served; 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 required. 29. FINANCIAL PAYMENTS The Owner shall pay to the Town a unit levy in the amount of $2,000 per unit if paid in 1987, or $2,250 per unit if paid after ]987, for eacb 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 tbne 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 bas been paid shall be deemed to be a release of this section for tbe lands referred to in the said letter. 10 30. 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, Ior the sum of $157,500 as security for the payments referred to io section 20 hereof. 31. 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 sul)divi- sion, as required by law from time to time. (b) 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. (c) Re~[istration Fees To pay all registration costs incurred by the Toxvn 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. (d) 1,ien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 32. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- merit 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 sa~ne purposes as any further security. 33. PROVISION OF PARKLAND (B The Owner shall convey to the Town, free and clear of all encumhrances 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 Blocks 57 and 62, comprising together 3.296 hectares, 0.347 hectares of which is required to satisfy the Owner's obligation to provide parkland for Ibis plan. (2) Upon the conveyance of Blocks 57 and 62 to the Town pursuant to subsection (1), the Owner shall have satisfied fully its obligation to provide parkland for this plan, and shall have conveyed 2.949 hectares of land in excess of that obligation and the Owner shall therefore bare a credit in that amount for use in satisfaction of any future obligation to convey parkland to the Town. 11 3'1. Prior to tim commencement of development of the plan, tile Owner sitall erect a temporary fence along the southerly side lot line of l.ot IS, the rear lot lines of l,ots 15 to 18 and the })oundary of Block 62 adjacenl Io I.ots 18 to 21, 23 to 29 and Block 67. Prior to the occupancy of any dwelling unit on any of l,ots 15 and ltl to 29, the Owner shall erect a permanent galvanized chain liuk fence 1.8 metres high, having 0.05 metre 9 gauge mesh, along tile })oundaries referred to in subsection (Ii, except, (al (b) where such a fence may already exist; and the northerly bout~dar¥ of [llock 62 adjacent to I'd~ck 67. (~) The permanent fencing required to be constructed pursuant to subsection (2), shall be constructed so as to meet or exceed tile requirements fat' swimming pool enclosures as set eot in Part 11 of the Town's By-l~aw 425/76, as amended from time to time, or any successor thereto. 35. TIIEE PI,ANTING (ti 'File Owner shall plant on road allowances within or adjacent to lite pla,l, ?0 trees of a size and type acceptable to the Town. A schedule of the Owimr's tree planting scheme shall be approved I~y the Director of Planning prior to the planting of any trees. (3) The trees approved by tile Tewo shall be planted by the Owner whe,, the boulevard into which they are to be planted is sodded. (,ii If tile density is too great to enable 70 trees to be planted, tile Owoer shall pay to the Town $100 for every tree which cannot be phmted fei' tree planting in a pul)Itc land area within the commonity in which tile plan is located. 36. TREI" PIII£SERVA'FION (l) The Owner shall retain, at its own expense, a qualified expert to prepare ii Tree Preservation Program in(ti(sting which existing trees shall t,e preserved. (~) The Program shall be submitted to the Director of Planning for review and approval, and, once approved, shall be implementc~d as approved only. (3) In determiniug whether or not to approve the Program, be governed By the Town Tree Preservation Policy in hereof, the Director shall effect at the date (4) Until ~uch time as the Program is approved, the Owner shall eot com- mence, nor allow to be commenced, any aspect of the development (if the lands in the plan, including the removal of any trees. (g) In the event that any tree reqoired to be preserved by the apt)roved Tree Preservation Program is removed or is, in the opinion of the Town's I)irector of Parlcs and Recreation, damaged to such an extenl that its valne or longevity is decreased (ir is likely to he de(feast:d, Ihen tim Owuer si~all replact; that tree with a tree of a height, diameter and spe-- ties determined b¥ the l)irector; soch replacement shall lie at no (esl lo the Town. (6) The Owner's liability under sobsection (5) shall continue until, (al where the lands upon which the tree is located comprise a res- idential betiding lot, twelve months after the completion el tilt; sodding on tile lot, or 12 (b) where tile lands tzpoll which tim tree is located comprise lands other than a residential building lot, the expiry of the guarantee period referred to in section l of Schedule A of this Agret!ment. IN WITNESS WIIEREOF, tile Parties hereto have hereunto affixed their Corporate aHcsied to by the hands of their authorized officers. ,'51GNI~:I), 5EAI,h:D & DEIAVEP, EI) GRAND ()AK IIOMES (EASTERN DIVISION) IN(:. TIlE COP~POItATION OF TIlE TOWN Ol,' PlCI~.I'.'I(ING John E. Anderson, Mayor Bruce Taylor, Cleric ENCLIMBP, ANCER - NOR'I'IILAND BANK in I,[QUIDATION This Agreement shall have priority over anti take precedence over all of tile rights or intet'ests of Northland Bank in Liquidation, whether or not any such right or iutevest was established or arose prior to the date hereof and whether or not such right or interest is set otlt in or arises by virttle of any instrt.~ment or document registered on title to the lands affected hereby, or any part of them, prior to tilt: rcgislralion of thi~ Agreement. I)ATED at SIGNEI), SEALF. D & DEI,1VERED , 1987, NORTtlI.AND BANK in LIQUIDATION ENCUMBI~ANCER - THE BANK OF NOVA SCOTIA This Agreement shall have priority over and take precedence over all of the rights m' inter=sts of The Bank of Nova Scotia whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrtunent or document registered on titlt: to the lands atfected hereby, or any part of them, prior to the registration of this Agreement. i)ATEI) at 1987. SIGNE'I), SEAl,liD & DEI,iVERED TIlE BANK OF NOVA SCOTIA 13 SCIIEDULE A 1. TIME I,IMIT FOR WORK & GIJARANTEE FOR WORKMANSIIIP & MATEI(IALS Subject to the provisions of sections 14 and 34 of this Agreement, 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 thc workmanship aud materials for a period of two years from the date that the works are approved in writing by the Director of Public Works, tht~ Director Parks and Recreation, or the Director of Planning, ss the case may TEMI)OI{ARY TURNING CIlI. CLES (~) Notwithstanding tile provisions of sections ll, 12 and 13 of this Agree- merit, the Owner shall construct, at its sole expense and to tbt: Town's specificatim~s, a temporat'y turning circle on, la) ltollyhedge l)rive, immediately south-west of Block 66; and (b) Major Oaks Road, immediately south-west of Block 6!5 and immedi-- ately east of Block 67. (z) The Owner shall remove, at its ~ole expense and to the Town's specifica- tions, any temporary turning circle located immediately adjacent to the plan on a pulMic highway to be extended by the Owner into the plan, and shall replace any such circle with permanent services as il' the highway were a road il/ the plan. As tile temporary turning circles referred to in subsection (l) will be required only if tile sequence of construction in this plan and adjacent plans warrants it, the Director of Public Works may waive the con- struction of any lurning circle, at his sole discretion, if that sequence does not warrant it. DEMOI,ITION OF EXISTING BUll,DINGS All buildings and structures on tile lands comprising tile plan of subdivisio~ shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. FUTURE DEVELOPMENT BLOCKS - BLOCKS 58 to 61 Blocks 58 to, 6I shall be held for future residential development in con- junction with adjacent lands and such development shall not commence wilhout the prior written approval of the Town which approval may be granted sub}ecl to conditions, one of which may require certain amend- ments to be made to Ihis Agreement. (z) Until such time as Blocks 58 to 61 are developed in accordance herewith, the Owner shall maintain them in a clean and orderly condition to tim satisfaction of the Town. STORM WATER MANAGEMENT & WELI,S The Owner shall submit to the Town, before the commencement of conslvuclion, a report of its consulting engineer indicating what effect, if any, storm water management, site grading and services installation on site will have on existing vegetation and wells on ahutting lands and shall undertake and guarantee any works determined to be necessary in that report. SCIIEDULE B SPECIAL PROVISIONS REQUIRED BY TIlE MINISTER OF MUNICIPAl. AFFAIRS AND HOUSING The sections set out in this Schedule represent provisions not affecting the To~vn but required to he inserted in this Agreement By the conditions of draft approval, dated June 15, 1982, of Draft Plan 18T-79088 (Revised) by the Minister of Municipal Affairs and Housing and 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 he 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."} 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 reports required in Con- ditions 18(a) and (h) of the approval dated June 15, 1982, of this plan by the Minister of Municipal Affairs arid Itousing. 3. MINISTRY OF EDUCATION The purchasers of homes within the development shall be advised on the agree- ment of purchase and sale that although there is a proposed school site within the development, the students from the development may have to he transported to existing schools and that a school is not likely to be built for several years and only then if it can be justified to the satisfaction of the Minister of Educa- tion. SCHEDULE B THIS AGREEMENT made this BETWEEN: day of , 1987. GRAND OAK HOMES (EASTERN DIVISION) 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 - THE BANK OF NOVA SCOTIA and NORTHLAND BANK in LIQUIDATION hereinafter collectively called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part of Lot 20, Concession 2, 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-7q088, as revised (Phase ZA); NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the I~arties hereto covenant and agree one with the other as follows: LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots 1 to 59, both inclusive, Blocks 60 to ?0, both inclusive and Blocks ?2 and 73, Plan 40M- , Picketing. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 1987, 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, 4. INTERPRETATION (1) 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" respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. TIME Time shall be of the essence of this Agreement. 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. 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. 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. CONSULTING ENGINEERS (i) 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 sub division. (z) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (i) The Owner shall construct a complete storm water drainage and manage- ment system, including storm connections to the street line and catch basin leads to service all the lands in the plan of subdivision and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the a{orementioned lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. 2 (3) (4) (5) Should, in the opifiion 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. The Town may connect or authorize system but such connection shall not system by the Town. connection into any part of the constitute acceptance of the sewer No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdi- vision. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 12. ROADS - PAVED (1) The Owner shall construct the roads shown on the plan of subdivision according to the Town's specifications for paved roads of the Town in effect at the date hereof. (2) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan that the maintenance of them has not been assumed by the Town from the time that they are opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS ~ GUTTERS (1) The Owner shall construct curbs and gutters on the roads to be con- structed pursuant to section 12, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 14. SIDEWALKS (1) The Owner shall construct the following segments of sidewalk, in each case prior to the occupancy of any dwelling unit on any lot adjacent to that segment, despite the provisions of section 1 of Schedule A: (a) adjacent to Lots 1 to 5 on the east side of Major Oaks Road; (b) adjacent to Lots 41 to 45 on the east side of Maior Oaks Road; (c) adjacent to' Lots 46 to 53 on the south side of Pepperwood Gate and the east side of Major Oaks Road; (d) adjacent to Lots 54, 2.7 to 40 and Block 68 on the west side of Major Oaks Road and the south side of Somergrove Crescent (northerly portion) i (e) adjacent to Block 70 and Lots 9 to 12 on the south side of Dellbrook Avenue and the west side of Major Oaks Road; (f) adjacent to Block 73 and Lots 6, 7 and 8 on the west side of Major Oaks Road, the south side of Harrowsmith Court and the north side of Dellbrook Avenue; and (g) adjacent to Lots 15 to 27 on the east side of Annan Woods Drive and the north side of Somergrove Crescent (south portion). The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town, 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accor- dance with the standards and specifications of Pickering Hydro-Electric Commis- sion, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (i) The Owner shall install street lights, including poles and other necessary appurtenances, on each proposed street in the plan. (2) Electrical service for street lighting shall be provided underground and not aboveground. Street lighting and its related electrical service shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. (4) The installation of street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 17. INSPECTIONS (i) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $2,415 as an engineering drawing inspection fee. (z) All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 18. LIABILITY INSURANCE (i) 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. 4 (4) The amount of the Policy shall be $5,000,000. 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 It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 19. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (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; 5 (4) (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 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 effect at the date of this Agree- ment, and shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suit- able swales and catch basins to manage adequately, in the opinion of the Town's Director of Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation and the Metropolitan Toronto and Region Conservation Authority. (4) 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. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. (6) 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 (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 (~) (3) (4) 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 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. The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Annan Woods Drive, Dellbrook Avenue. Harrowsmith Court, Major Oaks Road and Somergrove Crescent as public highways upon the registration of the plan. 23. TRANSFERS - CONVEYANCES (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration thereof, all of, (a) (b) (c) (d) (e) (f) Blocks 74 and 82 (Somergrove Crescent reserves); Blocks 75, 77, 78 and 79 (Major Oaks Road reserves); Block 76 (Pepperwood Gate reserve); Block 80 (Harrowsmith Court reserve); Block 81 (Dellbrook Avenue reserve); and Block 83 (Annan Woods 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 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) 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) Pavinl~ 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 Existinl~ Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, other than in the actual construction of roads in the plan 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 90 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 Si~ns 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) (j) 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 ma}, be designa- ted by 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 Plowin{~ & Sanding of Roads (1) (i) If, in the opinion of the Director o{ 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 or re-established all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan, 26. ~ONSTRUCTION & OCCUPANCY OF BUILDINGS (~) 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 o{ 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, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road and extend to an existing maintained public road. (4) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 27. DWELLING UNITS In the event that more or less than 69 dwelling units are to be constructed in the plan, an amendment to this Agreement shall be required. 28. DESIGN PLANNING 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 architec- tural design objectives for the subdivision, which approval shall not be unreasonably withheld. (z) The report referred to in subsection (1) may be required, at the Direc- tor'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 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. (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) (f) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; the location of landscaping features, including trees to be pre- served; 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 required. 29. FINANCIAL PAYMENTS (i) The Owner shall pay to the Town a unit levy in the amount of $2.000 per unit if paid in 1987, or $2,250 per unit if paid after 1987, 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. 10 30. 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 $155,250 as security for the payments referred to in section 29 hereof. 31. 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) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on aH sums of money payable herein which are not paid on the due dates calculated from such due dates. (c) 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. (d) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for Hens 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. 32. 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 lleu of and for the same purposes as any further security. 33. PROVISION OF PARKLAND (I) Pursuant to the provisions of section 33 of the Subdivision Agreement dated , 1987, between the Owner and the Town respectin~ Phase i (Plan 40M- ) of Draft Plan 18T-79088, the Owner obtained a credit in the amount of 2.949 hectares of land for use in satisfaction of any future obligation to convey parkland to the Town. (2) Upon the later of, (a) the registration of this plan, and (b) the conveyance to the Town of Blocks 57 and 62, Plan 40M- , pursuant to the Agreement referred to in subsection (1), 11 0.342 hectares of the Owner's 2.949 hectare parkland credit shall be used to satisfy the Owner's obligation to provide parkland for this plan and the Owner's parkland credit shall be reduced to 2.607 hectares, 34. FENCING (1) Prior to the occupancy of any dwelling unit on any of Lots 46 to 53, the Owner shall erect a permanent galvanized chain link fence 1.8 metres high, having 0.05 metre 9 gauge mesh, along the rear lot lines of those lots, (z) The permanent fencing required to be constructed pursuant to subsection (1), 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. 35. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 69 trees of a size and type acceptable to the Town. (z) 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 69 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. 36. 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. (z) 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. 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. (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 12 (h) 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 ! 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 GRAND OAK HOMES (EASTERN DIVISION) INC. THE CORPORATION OF THE TOWN OF PICKERING 3ohn E. Anderson, Mayor Bruce Taylor, Clerk ENCUMBRANCER - NORTHLAND BANK in LIQUIDATION This Agreement shall have priority over and take precedence over all of the rights or interests of Northland Bank in Liquidation, 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. DATED at , 1987. SIGNED, SEALED & DELIVERED NORTHLAND BANK in LIQUIDATION 13 ENCUMBRANCER - THE BANK'OF NOVA SCOTIA This Agreement shall have priority over and take precedence over all of the rights or interests of The Bank of Nova Scotia whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. DATED at , , 1987. SIGNED, SEALED & DELIVERED THE BANK OF NOVA SCOTIA 14 SCHEDULE A TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of sections 14 and 34 of this Agreement, 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. 2. TEMPORARY TURNING CIRCLES (1) Notwithstanding the provisions of sections 11, 12 and 13 of this Agree- ment, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on, (a) Annan Woods Drive, immediately west of Lots 23 and 24; (b) Dellbrook Avenue, immediately east of Block 81; (c) Major Oaks Road, immediately south of Block 79 and immediately north of Block 75; and (d) Somergrove Crescent, immediately east of Block 82. The Owner shall remove, at its sole expense and to the Town's specifica- tions, any temporary turning circle located immediately adjacent to the plan on s 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 circles 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 any 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 be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 4. STORM WATER MANAGEMENT & WELLS The Owner shall submit to the Town, before the commencement of construction, a report of its consulting engineer indicating what effect, ii any, storm water management, site grading and services installation on site will have on existing vegetation and wells on abutting lands and shall undertake and guarantee any works determined to be necessary in that report. CO-ORDINATED FUTURE DEVELOPMENT (1) Blocks 60 to 70 and 72 and 73 shall be held for future residential devel- opment in conjunction with adjacent lands and such development shall not commence without the prior written approval of the Town which approval may be granted subject to conditions, one of which may require certain amendments to be made to this Agreement. (2) Until such time as the Blocks referred to in subsection (1) are developed in accordance therewith, the Owner shall maintain them in a clean and orderly condition to the satisfaction of the Town. A-1 (3) (4) (5) The blocks set out in Column I of the following Table shall be developed only in coniunction with the lands described in Column II thereof, to provide the number o£ units set out in Column III thereof: Table Item Column I Column II Column III 1. Block 60 Block 109, 18T-79004(R)-N* 1 2. Block 61 Block 108, 18T-79004(R)-N* 1 3. Block 62 Block 107, 18T-79004(R)-N* 1 4. Block 63 Block 106, 18T-79004(R)-N* 1 5. Block 64 Block 105, 18T-79004(R)-N* 1 6. Block 65 Block 104, 18T-79004(R)-N* 1 7. Block 66 Block 103, 18T-79004(R)-N* 1 8. Block 67 Block 102, 1BT-79004(R)-N* 1 9. Block 68 Block 101, 18T-?9004(R)-N* 1 10. Block 69 Block 100, 18T-?9004(R)-N* 1 11. Block ?0 Block 99, 18T-?9004(R)-N* 1 12. Block ?2 Block 98, 18T-?9004(R)-N* 1 13. Block 73 Block 94, 18T-?9004(R)-N* 1 N* - North M-Plan The development of the lands described in Items 1, 7, 8, 9 and 13 of the Table shall be governed by the provisions of this Agreement. The development of the lands described in Items 2, 3, 4, 5, 6, 10, 11 and 12 of the Table shall be governed by the provisions of the Subdivi- sion Agreement dated , 1987, respecting Draft Plan 18T-79004(R), north M-plan. BUILDING PERMITS - DELAYED APPLICATION Despite any other provisions of this Agreement, the Owner shall not apply for a building permit for the construction of any building, (a) on any of Blocks 60 to 70 and 72 and 73 until the provisions of section 5(1) of this Schedule have been complied with; and (b) on any of Lots 15 to 22 and Blocks 60 to 70 and 72 and 73 until the north M-plan of Draft Plan 18T-79004(R) has been registered. A-2 SCHEDULE B SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING 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, dated June 15, 1982, of Draft Plan 18T-79088 (Revised) by the Minister of Municipal Affairs and Housing and 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.") 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 reports required in Con- ditions 18(a) and (b) of the approval dated June 15, 1982, of this plan by the Minister of Municipal Affairs and Housing. MINISTRY OF EDUCATION The purchasers of homes within the development shall be advised on the agree- ment of purchase and sale that although there is a proposed school site within the development, the students from the development may have to be transported to existing schools and that a school is not likely to be built for several years and only then if it can be justified to the satisfaction of the Minister of Educa- tion. DURHAM BOARD OF EDUCATION ("BOARD") (1) An agreement shall be undertaken for the joint use of the school and park sites with the Board and the Town. (2) An option agreement between the Owner and the Board for the required school site will be negotiated and included within a Subdivision Agreement and the Board will notify the Minister of Municipal Affairs and Housing that satisfactory arrangements for the school site have been completed. (3) The Owner shall supply the Board with a report of soil tests to confirm the suitability of the school site, for a two storey school in respect to soil bearing strength. (4) The Owner shall supply the Board with an engineering drawing indicating the existing and proposed grades of the properties and streets adjacent to the school site for Board approval. The Owner shall supply and install a six foot chain link fence (standard school fencing) on the sides of the school site, along the property lines of the adjacent residential lots. (6) All service costs will be prepaid and therefore will be included from any part of the negotiations for the school site. B-1 SCHEDULE C THIS AGREEMENT made this BETWEEN: day of , 1987. GRAND OAK HOMES (EASTERN DIVISION) 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 - THE BANK OF NOVA SCOTIA and NORTHLAND BANK in LIQUIDATION hereinafter collectively called the 'Encumbrancer' OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part of Lot 20, Concession 2, in the Town of Pickering 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-79088, as revised (Phase 2B); 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: LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots inclusive, and Blocks 40 to 51, both inclusive, Plan 40M- 1 to 39. both , Pickering. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 1987, 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. 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", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. TIME Time shall be of the essence of this Agreement. 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. 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. 9. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the plan of subdivision, (z) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (i) The Owner shall construct a complete storm water drainage and manage- ment system, including storm connections to the street line and catch basin leads to service all the lands in the plan of subdivision and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. 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) (4) (5) 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. 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. No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdi- vision. (z) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 12. ROADS - PAVED (1) The Owner shall construct the roads shown on the plan of subdivision according to the Town's specifications for paved roads of the Town in effect at the date hereof. (z) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan that the maintenance of them has not been assumed by the Town from the time that they are opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS The Owner shall construct curbs and gutters on the roads to be con- structed pursuant to section 12, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (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 specifications. 14. SIDEWALKS (1) The Owner shall construct the following segments of sidewalk, in each case prior to the occupancy of an,/ dwelling unit on any lot adjacent to that segment, despite the provisions of section 1 of Schedule A: (a) adjacent to Block 52 and Lots 10 to 16 on the north-east side of Major Oaks Road; (z) (b) adjacent to Block 51 and Lots 1 to 9 on the north side of Greenmount Street and on the south-west side of Major Oaks Road; (c) adjacent to Lots 17 to 25 on the south-west side of Major Oaks Road and on the south side of Greenmount Street; (d) adjacent to Lots 25 to 32 and Block 45 on the east side of Denvale Drive; (e) adjacent to Lots 33 to 39 and Blocks 40 and 41 on the east side of Denvale Drive. The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accor- dance with the standards and specifications of Picketing Hydro-Electric Commis- sion, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (1) The Owner shall install street lights, including poles and other necessary appurtenances, on each proposed street in the plan. (z) Electrical service for street lighting shall be provided underground and not aboveground. (3) Street lighting and its related electrical service shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. (4) The installation of street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 17. IN SPECTION S (i) 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 sections 15 and 16 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 18. LIABILITY INSURANCE (i) 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) (4) 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. 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 hy the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (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 5 (4) (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 courtl 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. Z0. DRAINAGE- SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer. establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (z) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agree- ment, and shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suit- able swales and catch basins to manage adequately, in the opinion of the Town's Director of Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation and the Metropolitan Toronto and Region Conservation Authority. (4) The grading of ail 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. (5) If, in the opinion of the Director of Public Works. drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. (6) 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 (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 6 (2) (4) 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 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. The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Denvale Drive, Greenmount Street Road as public highways upon the registration of the plan. and Major Oaks 23. TRANSFERS - CONVEYANCES (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the B0 days immediately following the registration thereof, all of, (a) (b) (c) Blocks 52 and 53 (Major Oaks Road reserves); Block 54 (Greenmount Street reserve); Blocks 55, 56 and 57 (Denvale 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. (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 (1) shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shaI1 lie. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Pavin$ of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and the lot line. (b) Continuation of Existin~ Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, other than in the actual construction of roads in the plan 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 (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 (3) (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 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 & San'ding of Roads (l) (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 shah 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 or re-established all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. 26. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (2) No building or part of a building in the subdivision shall be occupied except 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 buildlng 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) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 27. DWELLING UNITS In the event that more or less than 45 dwelling units are to be constructed in the plan, an amendment to this Agreement shall be required. 28. DESIGN PLANNING (1) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architec- tural design objectives for the subdivision, which approval shall not be unreasonably withheld. 9 (3) (4) The report referred to in subsection (1) may be required, at the Direc- tor'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 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. 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) (f) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; the location of landscaping features, including trees to be pre- served; 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 required. 29. FINANCIAL PAYMENTS (i) The Owner shall pay to the Town a unit levy in the amount of $2,000 per unit if paid in 1987, or $2,250 per unit if paid after 1987, for each dwelling unit to be erected in the Plan, each payment to be made when the building permit for the unit is issued. 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 he 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. 30. 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 $101,250 as security for the payments referred to in section 29 hereof. 31. 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. 10 (b) 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, (c) 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. (d) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 32. 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 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. 33. PROVISION OF PARKLAND (i) Pursuant to the provisions of section 33 of the Subdivision Agreement dated , 1987, between the Owner and the Town respecting Phase 1 (Plan 40M- ) of Draft Plan 18T-79088, the Owner obtained a credit in the amount of 2.949 hectares of land for use in satisfaction of any future obligation to convey parkland to the Town. (2) The Owner used 0.342 hectares of that credit in satisfaction of its obligation to convey parkland to the Town respecting Phase 2A (Plan 40M- ) of Draft Plan 18T-79088, reducing that parkland credit to 2.607 hectares. (3) Upon the later of, (a) the registration of this plan, and (b) the conveyance to the Town of Blocks 57 and 62, Plan 40M- pursuant to the Agreement referred to in subsection (1), 0.223 hectares of the Owner's 2.607 hectare parkland credit shall be used to satisfy the Owner's obligation to provide parkland for this plan and the Owner's parkland credit shall be reduced to 2.384 hectares. 34. FENCING (1) Prior to the commencement of development of the plan, the Owner shall erect a temporary fence along the rear lot lines of Lots 10 to 16, the southerly side lot line of Lot 16 and the north-east boundary of Block 52. 11 (~) (3) Prior to the occupancy of any dwelling unit on any of Lots 10 to 16, the Owner shall erect a permanent galvanized chain link fence 1.8 metres high, having 0.05 metre 9 gauge mesh, along the rear lot lines of Lots 10 to 16 and the southerly side lot line of Lot 16. The permanent fencing required to be constructed pursuant to subsection (2), shall be constructed so as to meet or exceed the requirements for swimming pool enclosures as set out in Part II of the Town's By-Law 425/76, as amended from time to time, or any successor thereto. 35, TREE PLANTING (I) The Owner shall plant on road allowances within or adiacent to the plan, 45 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 45 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. 36. 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. (s) 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. (6) The Owner's liability under subsection (5) shall continue until, (a) (b) 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 WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals 12 attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED GRAND OAK HOMES (EASTERN DIVISION) INC. THE CORPORATION OF THE TOWN OF PICKERING Yohn E. A~derson, Mayor Bruce Taylor, Clerk ENCUMBRANCER - NORTHLAND BANK in LIQUIDATION This Agreement shall have priority over and take precedence over all of the rights or interests of Northland Bank in Liquidation, 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. DATED at , , 1987. SIGNED, SEALED & DELIVERED NORTHLAND BANK in LIQUIDATION ENCUMBRANCER - THE BANK OF NOVA SCOTIA This Agreement shall have priority over and take precedence over all of the rights or interests of The Bank of Nova Scotia whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. DATED at , , 1987. SIGNED, SEALED & DELIVERED THE BANK OF NOVA SCOTIA 13 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of sections 14 and 34 of this Agreement, 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. e TEMPORARY TURNING CIRCLES (1) Notwithstanding the provisions of sections 11, 12 and 13 of this Agree- ment, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on, (a) Denvale Drive, adjacent to Lots 29 to 30~ and (h) Major Oaks Road, immediately north-west of Block 52 and immedi- ately south-east of Block 53. (~) The Owner shall remove, at its sole expense and to the Town's specifica- tions, any temporary turning circle located immediately adjacent to the plan on 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 circles 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 any turning circle, at his sole discretion, if that sequence does not warrant it. 3. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 4. STORM WATER MANAGEMENT & WELLS The Owner shall submit to the Town, before the commencement of construction, a report of its consulting engineer indicating what effect, if any, storm water management, site grading and services installation on site will have on existing vegetation and wells on abutting lands and shall undertake and guarantee any works determined to be necessary in that report. 5. CO-ORDINATED FUTURE DEVELOPMENT (D Blocks 40 to 51 shall be held for future residential development in con- iunction with adjacent lands and such development shall not commence without the prior written approval of the Town which approval may be granted subiect to conditions, one of which may require certain amendments to be made to this agreement. (2) Until such time as the Blocks referred to in subsection (1) are developed in accordance therewith, the Owner shall maintain them in a clean and orderly condition to the satisfaction of the Town. (3) The blocks set out in Column I of the following Table shall be developed only in conjunction with the lands described in Column II thereof, to provide the number of units set out in Column III thereof: A-1 (4) Item Column I Column II Column III 1. Block 41 Block 86. 18T-79004(R)-S* 1 2. Block 42 Block 85, 18T-79004(R)-S* 1 3. Block 43 Block 84, 18T-79004(R)-S* 1 4. Block 44 Block 83, 18T-79004(R)-S* 1 5, Block 45 Block 75, 18T-79004(R)-S* 1 6. Block 46 Block 82, 18T-79004(R)-S* 1 7. Block 47 Block 81, 18T-79004(R)-S* 1 8. Block 48 Block 80, 18T-79004(R)-S* 1 9. Block 49 Block 79, 18T-79004(R)-S* 1 10. Block 50 Block 78, 18T-79004(R)-S* 1 11. Block 51 Block 77, 18T-79004(R)-S* 1 S* - South M-Plan The development of the lands described in Items 1, 2, 3, 4, 5 and 11 of the Table shall be governed by the provisions of this agreement. The development of the lands described in Items 6, 7, $, 9 and 10 of the Table shall be governed by the provisions of the Subdivision Agreement dated , 1987, respecting Draft Plan 18T-79004(R), south M-plan. BUILDING PERMITS - DELAYED APPLICATION Despite any other provisions of this agreement, the Owner shall not apply for a building permit for the construction of any building, (a) on any of Blocks 40 to 51 until the provisions of section 5(1) of this Schedule have been complied with; and on any of Lots 33 to 39 and Blocks 41 to 51 until the south M-plan of Draft Plan 18T-79004(R) has been registered. A-2 SCHEDULE B SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING 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, dated June 15, 1982, of Draft Plan 18T-79088 (Revised) by the Minister of Municipal Affairs and Housing and 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.") 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 reports required in Con- ditions 18(a) and (b) of the approval dated June 15, 1982, of this plan by the Minister of Municipal Affairs and Housing. 3. MINISTRY OF EDUCATION The purchasers of homes within the development shall be advised on the agree- ment of purchase and sale that although there is a proposed school site within the development, the students from the development may have to be transported to existing schools and that a school is not likely to be built for several years and only then if it can be justified to the satisfaction of the Minister of Educa- tion. B-1 SCttEOULE P THIS AGREEMENT made this BETWEEN: day of , 1987. GRAND OAK HOMES (EASTERN DIVISION) 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 - THE BANK OF NOVA SCOTIA and NORTHLAND BANK in LIQUIDATION hereinafter collectively called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part of Lot 20, Concession 2, 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-7~088, as revised (Phase 3); 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: LAND AFFECTED The lands affected by this Agreement inclusive, and Block 69, Plan 40M- (the "Lands") are Lots 1 to 68, both Pickering. 2. CANCELLATION OF AGREEblENT In the event the plan of subdivision is not registered on or before December 31, 1987, 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. 4. INTERPRETATION (i) 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", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shall enure to the and be binding upon the Parties hereto, their successors and assigns. benefit of 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. C~)NSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the plan of subdivision. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (I) The Owner shall construct a complete storm water drainage and manage- ment system, including storm connections to the street line and catch basin leads to service all the lands in the plan of subdivision and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (z) 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. 2 (3) (4) 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. 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. No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS - ROUGH GRADE Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdi- vision. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 12.- ROADS - PAVED (i) 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. (z) 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 bv construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan that the maintenance of them has not been assumed by the Town from the time that they are opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the roads to be con- structed pursuant to section 12, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 14. SIDEWALKS (i) The Owner shall construct the following segments of sidewalk, in each case prior to the occupancy of any dwelling unit on any lot adjacent to that segment, despite the provisions of section 1 of Schedule A: (a) adjacent to Lot 7 on the east side of Wildwood Crescent; (b) adjacent to Lot 8 to 15 on the north side of Alpine Lane and the east side of Wildwood Grescent; 3 (2) (c) adjacent to Lots 21 to 25 on the north side of Reesor Court and the east side of Wildwood Crescent; (d) adjacent to Lots 32 to 41 on the north side of Terracotta Court, the east side of Wildwood Crescent and the west side of Major Oaks Road; (e) adjacent to Lot 42 on the west side of Major Oaks Road. The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accor- dance with the standards and specifications of Picketing Hydro-Electric Commis- sion, Picketing Cable T.V. Limited or Bell Canada, as the case ma3' be. 16. STREET LIGHTING (i) The Owner shall install street lights, including poles and other necessary appurtenances, on each proposed street in the plan. (2) Electrical service for street lighting shall be provided underground and not aboveground. (3) Street lighting and its related electrical service shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. (4) The installation of street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $3,675 as an engineering drawing inspection fee. (z) All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 18. LIABILITY INSURANCE (i) 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 (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 (i) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (3) The Owner may, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published ~ (ii) 45 days following such publication have expired; and ( 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~ (4) 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 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 P/an 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 Agree- ment, and shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suit- able swales and catch basins to manage adequately, in the opinion of the Town's Director of 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 the Metropolitan Toronto and Region Conservation Authority. (4) 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. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. (6) 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 (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 de]ay 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 i0 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) (3) (4) In cases of emergehcy, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. It is understood and agreed that such costs shall include a management fee ol twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Alpine Lane, Reesor Court, Terracotta Court Wildwood Crescent as public highways upon the registration of the plan. and 23. TRANSFERS - CONVEYANCES (i) 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) Blocks 70 and 71 (Wildwood Crescent reserves) Block 72 (Alpine Lane 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 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. (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 (1) shall not commence until the easement has been acquired,' unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. 25, GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Pavin[[ 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 fill 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 (e) (f) 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. 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. 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 Si[~n s 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 Drawings Prior to the final acceptance of the subdivision, the original drawings of the engineering works sion, with amendments, if any, noted thereon. to supply the Town with for the plan of subdivi- 8 (k) Snow Plowin~ & Sandin[/ 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- lng 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 or re-established all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. 26. CONSTRUCTION & OCCUPANCY OF BUILDINGS (I) 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, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road and extend to an existing maintained public road. (4) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town, 27. DWELLING UNITS In the event that more or less than 105 dwelling units are to be constructed in the plan, an amendment to this Agreement shall be required. 28. DESIGN PLANNING The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, subrait to the Town's Director of Planning, for approval, a report outlining siting and architec- tural design objectives for the subdivision, which approval shall not be unreasonably withheld. 9 (3) ~4) The report referre'd to in subsection (1) may be required, at the Direc- tor's option, to provide the following information: (a) (b) (c) (d) (e) (f) (g) house massing; streetscape i 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 he erected on the lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. 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) (f) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; the location of landscaping features, including trees to be pre- served; 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 blocksl and any other data or information required. zg. FINANCIAL PAYMENTS (~) The Owner shall pay to the Town a unit levy in the amount of $2,000 per unit if paid in 1987, or $2,250 per unit if paid after 1987, 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 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. 30. 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 $236,250 as security for the payments referred to in section 29 hereof. 31. 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. 10 (b) 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. (c) Resistration 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. (d) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 32. 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. 33. PROVISION OF PARKLAND Pursuant to the provisions of section 33 of the Subdivision Agreement dated , 1987, between the Owner and the Town respecting Phase 1 (Plan 40M- ) of Draft Plan 18T-79088, the Owner obtained a credit in the amount of 2.949 hectares of land for use in satisfaction of any future obligation to convey parkland to the Town. (2) The Owner used 0.565 hectares of that credit in satisfaction of its obligation to convey parkland to the Town respecting Phases 2A and 2B (Plans 40M- and 40M- ) of Draft Plan 18T-79088, reducing that parkland credit to 2.384 hectares. (3) Upon the-later of, (a) the registration of this plan, and (b) the conveyance to the Town of Blocks 57 and 62. Plan 40M- pursuant to the Agreement referred to in subsection (1), 0.5205 hectares of the Owner's 2.384 hectare parkland credit shall be used to satisfy the Owner's obligation to provide parkland for this plan and the Owner's parkland credit shall be reduced to 1.8635 hectares. 34. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 105 trees of a size and type acceptable to the Town. (z) A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of an}, trees. 11 The trees approved' By the Town shall he planted by the Owner when the boulevard into which they are to be planted is sodded. If the density is too great to enable 105 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. 35. TREE PRESERVATION 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. (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 (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 Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED GRAND OAK HOMES (EASTERN DIVISION) INC. THE CORPORATION OF THE TOWN OF PICKERING $ohn EJ Anderson, Mayor Bru'ce Taylor, Clerk 12 ENCUMBRANCER - NORTHLAND BANK in LIQUIDATION This Agreement shall have priority over and take precedence over all of the rights or interests of Northland Bank in Liquidation, 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. DATED at , , 1987. SIGNED, SEALED & DELIVERED NORTHLAND BANK in LIQUIDATION ENCUMBRANCER - THE BANK OF NOVA SCOTIA This Agreement shall have priority over and take precedence over all of the rights or interests of The Bank of Nova Scotia whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. DATED at , , 1987. SIGNED, SEALED & DELIVERED THE BANK OF NOVA SCOTIA 13 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of section 14 of this Agreement, tb~ Owner shah 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 Notwithstanding the provisions of sections I1, 12 and 13 of this Agree- ment, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on, (a) Alpine Lane, immediately west of Block 72; and (b) Wildwood Crescent, immediately north of Block 70. (z) The Owner shall remove, at its sole expense and to the Town's specifica- tions, any temporary turning circle located immediately adjacent to the plan on 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 circles 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 any turning circle, at his sole discretion, if that sequence does not warrant it. 3. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 4. FUTURE DEVELOPMENT BLOCK - BLOCK 69 (1) Block 69 shall be held for future residential development in conjunction with adjacent lands and such development shall not commence without the prior written approval of the Town which approval may be granted sub- ject to conditions, one of which may require certain amendments to be made to this Agreement. (z) Until such time as Block 69 is developed in accordance herewith, the Owner shall maintain it in a clean and orderly condition to the satisfaction of the Town. 5. STORM WATER MANAGEMENT & WELLS The Owner shall submit to the Town, before the commencement of construction, a report of its consulting engineer indicating what effect, if any, storm water management, site grading and services installation on site will have on existing vegetation and wells on abutting lands and shah undertake and guarantee any works determined to be necessary in that report. A-1 SCHEDULE B SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING 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, dated June 15, 1982, of Draft Plan 18T-79088 (Revised) by the Minister of Municipal Affairs and Housing and 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.") The Owner shall carry out, or cause to he carried out to the satisfaction of M.T.R.C.A., the recommendations referred to in the reports required in Con- ditions 18(a) and (h) of the approval dated June 15, 1982, of this plan by the Minister of Municipal Affairs and Housing. MINISTRY OF EDUCATION The purchasers of homes within the development shall be advised on the agree- ment of purchase and sale that although there is a proposed school site within the development, the students from the development may have to be transported to existing schools and that a school is not likely to be built for several years and only then if it can be justified to the satisfaction of the Minister of Educa- tion. MINISTRY OF THE ENVIRONMENT ("M.O.E.") Satisfactory arrangements shall be undertaken with M.O.E. to prohibit develop- ment on Lots 5, 6, ?, 12, 65, 66, 67 and 68 until the neighbouring agricultural operation is phased out or ceases to exist, or alternately, to require that any building proposed for any lot is located in accordance with the separation distances required by the Agricultural Code of Practice for Ontario, B-1 SCHEDULE E THIS AGREEMENT made this BETWEEN: day of , 1987. GRAND OAK HOMES (EASTERN DIVISION) 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 - THE BANK OF NOVA SCOTIA and NORTHLAND BANK in LIQUIDATION hereinafter collectively called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part of Lot 20, Concession 2, 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-79088, as revised (Phase 4); 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: LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots inclusive, and Blocks 6? and 68, both inclusive, Plan 40M- 1 to 66, both , Picketing. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 1987, 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. 4. INTERPRETATION (1) 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", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. TIME Time shall be of the essence of this Agreement. 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. 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. 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 Pickering, and shall complete, perform or make payment for such other matters as may be provided for herein. 9. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the plan of subdivision. (z) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (1) The Owner shall construct a complete storm water drainage and manage- ment system, including storm connections to the street line and catch basin leads to service all the lands in the plan of subdivision and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (z) 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 ]ands 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) (4) 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. 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. No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS- ROUGH GRADE (1) Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town*s specifications to the full width, the proposed road allowances shown on the plan of subdi- vision. The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 12. ROADS - PAVED (1) The Owner shall construct the roads shown on the plan of subdivision according to the Town's specifications for paved roads of the Town in effect at the date hereof. (z) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types, (3) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan that the maintenance of them has not been assumed by the Town from the time that they are opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the roads to be con- structed pursuant to section 12, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town, (2) If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 14. SIDEWALKS The Owner shall construct the following segment of sidewalk in accordance with the time limits set out in section 1 of Schedule A: (a) adjacent to Block 71 on the south side of Pepperwood Gate. (2) The Owner shall construct the following segments of sidewalk, in each case prior to the occupancy of any dwelling unit on any lot adjacent to that segment, despite the provisions of section i of Schedule A: (a) (h) (c) (d) (e) (f) adjacent to Lots 13 to 18 on the south side of Pepperwood Gate; adjacent to Block 70 and Lots 19 to 21 on the south and west side of Pepperwood Gate; adjacent to Lots 34 to 40 on the west and south side of Middleton Street; adjacent to Lots 41 to 48 on the west and south side of Middleton Street; adjacent to Lot 55 and Block 72 on the south side of Middleton Street; adjacent to Lot 56 on the east side of Major Oaks Road. (3) The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town. i5. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accor- dance with the standards and specifications of Picketing Hydro-Electric Commis- sion, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (1) The Owner shall install street lights, including poles and other necessary appurtenances, on each proposed street in the plan. (z) 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 o£ street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 17. INSPECTIONS (i) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $3,255 as an engineering drawing inspection fee. (z) All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 18. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, naming the Town as an insured and indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner in the plan of subdivision and elsewhere. 4 (2) (3) (4) The amount of the Policy shall be $5,000,000. 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. It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 19. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (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; (4) (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. DRAINAGE- SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agree- ment, and shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or walkways un]ess provision is made for the installation by the Owner, at no cost to the Town, of suit- able swales and catch basins to manage adequately, in the opinion of the Town's Director of Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation and the Metropolitan Toronto and Region Conservation Authority. (4) 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. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. (6) 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 (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 6 (2) (3) (4) 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 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. The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Beare Court, Middleton Street and as public highways upon the registration of the plan. Pepperwood Gate 23. TRANSFERS - CONVEYANCES (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration thereof, all of, (a) (b) Blocks 69 to 71 (Pepperwood Gate reserves); Block 72 (Middleton Street reserve). (2) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subiect 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 (i) 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. (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 (1) shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Pavin~ of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and the lot line. (b) Continuation of Existin[~ Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, other than in the actual construction of roads in the plan 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 SO 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. Permanent Si~ns 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° 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 Plowin~ & 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 or re-established all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. 26. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (z) 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 shah 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, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road and extend to an existing maintained public road. (4) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 9 27. DWELLING UNITS In the event that more or less than 93 dwelling units are to be constructed in the plan, an amendment to this Agreement shall be required. 28. DESIGN PLANNING (1) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architec- tural design objectives for the subdivision, which approval shall not be unreasonably withheld. (2) The report referred to in subsection (1) may be required, at the Direc- tor's option, to provide the following information: (a) (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 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. (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) (f) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; the location of landscaping features, including trees to be pre- served; 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 required. 29. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $2,000 per unit if paid in 1987, or $2,250 per unit if paid after 1987, 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. 10 30. 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 $209,250 as security for the payments referred to in section 29 hereof. 31. 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) 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. (c) 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. (d) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 32. 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. 33. PROVISION OF PARKLAND (1) Pursuant to the provisions of section 33 of the Subdivision Agreement dated , 1987, between the Owner and the Town respecting Phase 1 (Plan 40M- ) of Draft Plan 18T-79088, the Owner obtained a credit in the amount of 2.949 hectares of land for use in satisfaction of any future obligation to convey parkland to the Town. (z) The Owner used 1.0855 hectares of that credit in satisfaction of its obligation to convey parkland to the Town respecting Phases 2A, 2B and 3, (Plans 40M- , 40M- and 40M- ) of Draft Plan 18T-79088, reducing that parkland credit to 1.8635 hectares. 11 (3) [}pon the later of, (a) the registration of this plan, and (b) the conveyance to the Town of Blocks 57 and 62, Plan 40M- pursuant to the Agreement referred to in subsection (1), 0.461 hectares of the Owner's 1.8635 hectare parkland credit shall be used to satisfy the Owner's obligation to provide parkland for this plan, and the Owner's parkland credit shall be reduced to 1.4075 hectares. 34. FENC1NG (1) Prior to the commencement of development of the plan, the Owner shall erect a temporary fence along the rear lot lines of Lots 13 to 21; the south side lot line of Let 19; and the west side lot line of Lot 18. (2) Prior to the occupancy of any dwelling unit on any of Lots 13 to 21, the Owner shall erect a permanent galvanized chain link fence 1.8 metres high, having 0.05 metre 9 gauge mesh, along the lot lines referred to in subsection 1. The permanent fencing required to be constructed pursuant to subseclion (2), shall be constructed so as to meet or exceed the requirements for swimming pool enclosures as set out in Part II of the Town's By-Law 425/76, as amended from time to time, or any successor thereto. 35. TRICE PLANTING The Owner shall plant on road allowances within or adjacent to the plan, 93 trees of a size and type acceptable to the Town. (2) A schedule of the Owner's tree planting schem~ shall be approved by the Director of Planning prior to the planting of any trees. (3) The trees approved by the 1'own 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 93 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. 36. TRICE PP, ESERVATION (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. 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. 12 (5) (6) 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. 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 (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 Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED GRAND OAK HOMES (EASTERN DIVISION) INC. THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk ENCUMBRANCER - NORTHLAND BANK in LIQUIDATION This Agreement shall have priority over and take precedence over all of the rights or interests of Northland Bank in Liquidation, 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. DATED at , , 1987. SIGNED, SEALED & DELIVERED NORTHLAND BANK in LIQUIDATION 13 ENCUMBRANCER - THE BANK OF NOVA SCOTIA This Agreement shall have priority over and take precedence over all of the rights or interests of The Bank of Nova Scotia whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. DATED at , , 1987. SIGNED, SEALED & DELIVERED THE BANK OF NOVA SCOTIA 14 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of sections 14 and 34 of this Agreement, 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 rqay be. TEMPORARY TURNING CIRCLES (1) Notwithstanding the provisions of sections 11, 12 and lB of this Agree- ment, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on, (a) Middleton Street immediately east of Block 72; and (b) Pepperwood Gate, immediately west of Block 69 and immediately east of that part of Block 71 adjacent to Lot 22. The Owner shall remove, at its sole expense and to the Town's specifica- tions, any temporary turning circle located immediately adjacent to the plan on 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 circles referred to in subsection (1) will be required only if the sequence of construction in this plan and adiacent plans warrants it, the Director of Public Works may waive the con- struction of any turning circle, at his sole discretion, if that sequence does not warrant it. 3. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 4. FUTURE DEVELOPMENT BLOCKS - BLOCKS 67 and 68 Blocks 67 and 68 shall be held for future residential development in con- junction with adjacent lands and such development shall not commence without the prior written approval of the Town which approval may be granted subject to conditions, one of which may require certain amend- ments to be made to this Agreement. (z) Until suoh time as Blocks 67 and 68 are developed in accordance herewith, the Owner shall maintain them in a clean and orderly condition to the satisfaction of the Town. 5. STORM WATER MANAGEMENT & WELLS The Owner shall submit to the Town, before the commencement of construction, a report of its consulting engineer indicating what effect, if any, storm water management, site grading and services installation on site will have on existing vegetation and wells on abutting lands and shall undertake and guarantee any works determined to be necessary in that report. A-1 SCHEDULE B SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING 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, dated June 15, 1982, of Draft Plan 18T-79088 (Revised) by the Minister of Municipal Affairs and Housing and 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.") 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 reports required in Con- ditions 18(a) and (b) of the approval dated June 15, 1982, of this plan by the Minister of Municipal Affairs and Housing. MINISTRY OF EDUCATION The purchasers of homes within the development shall be advised on the agree- ment of purchase and sale that although there is a proposed school site within the development, the students from the development may have to be transported to existing schools and that a school is not likely to be built for several years and only then if it can be justified to the satisfaction of the Minister of Educa- tion. B-1 SCHEDULE F THIS AGREEMENT made this BETWEEN: day of , 1987. GRAND OAK HOMES (EASTERN DIVISION) 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 - THE BANK OF NOVA SCOTIA and NORTHLAND BANK in LIQUIDATION hereinafter collectively called the "Encumbrancer~' OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part of Lot 20, Concession 2, 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-79088, as revised (Phase 5); NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the I~arties hereto covenant and agree one with the other as follows: LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots inclusive, and Blocks 71 to 84, both inclusive, Plan 40M- 1 to 70, both , Pickering. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before June 30, 1988, 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. 4. INTERPRETATION (1) 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", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. TIME Time shall be of the essence of this Agreement. 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. 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Pickering, and shall complete, perform or make payment for such other matters as may be provided for herein. 9. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the plan of subdivision. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (i) The Owner shall construct a complete storm water drainage and manage- ment system, including storm connections to the street line and catch basin leads to service all the lands in the plan of subdivision and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (z) 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) (4) (5) 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. The Town may connect or system but such connection system by the Town. authorize connection into any part of the shall not constitute acceptance of the sewer No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdi- vision. (z) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the instal]ation of electric, tele- phone, gas or other utilities. 12/ ROADS - PAVED 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. (z) 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 : 'e used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan that the maintenance of them has not been assumed by the Town from the time that they are opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the roads to be con- structed pursuant to section 12, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town, (2) If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 14. SIDEWALKS The Owner shall construct the following segments of sidewalk, in each case prior to the occupancy of any dwelling unit on any lot adjacent to that segment, despite the provisions of section 1 of Schedule A: (a) adjacent to Blocks 73 to 79 on the west side of Major Oaks Road; (~) (b) adjacent to Lots 50 to 54 on the east side of Major Oaks Road; (c) adjacent to Lots 1 to 12 on the east side of Major Oaks Road and the south side of Dellbrook Avenue; (d) adjacent to Block 89, Lots 55 to 61 and Block 83 on the south side of Dellbrook Avenue; (e) adjacent to Block 82 and Lots 62 to 65 on the north side of Dellbrook Avenue; (f> adjacent to Lots 13 to 25 on the west side of Blue Ridge Crescent (east portion), the north side of Dellbrook Avenue and the east side of Blue Ridge Crescent (west portion); (g) adjacent to Lot 42 and Block 86 on the north side of Dellbrook Avenue; (h) adjacent to Lots 26 and 27 on the east side of Blue Ridge Crescent (west portion); (i) adjacent to Lots 33 and 34 on the west side of Blue Ridge Crescent (east portion); (j) adjacent to Block 91 and Lot 35 on the north side of Bentley Lane; (k) adjacent to Lots 39 to 41 and Block 7Z on the north side of Bently Lane and the east side of Blue Ridge Crescent (west portion). The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accor- dance with the standards and specifications of Picketing Hydro-Electric Commis- sion, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (1) The Owner shall install street lights, including poles and other necessary appurtenances, on each proposed street in 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. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $4,165 as an engineering drawing inspection fee. All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. 4 (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 (D 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 (D 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, fa) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. The Owner may, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; 5 (4) (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 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 Agree- ment, and shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suit- able swales and catch basins to manage adequately, in the opinion of the Town*s Director of Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation and the Metropolitan Toronto and Region Conservation Authority, (4) The grading of all lands shall be carried out by the Owner in accordance with the approved Grading Gontrol Plan, under the supervision of the Owner's Consulting Engineer. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. (6) 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 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 o~her manner, in the opinion of the Director of Public Works, make default in performance of ~he terms of %h~s Agreement, %hen ~n any such case, the said D~rector of Public Works shal~ promptly notify the O~ner ~nd his sure~y ~n w~ing of such defaul~ or neg]ec~ and if such no~fica- tlom be withou~ effec~ ~Jth~n 10 clear days after such no,ice, ~hen in tha~ case, ~he Director of Publ~c Works shall thereupon have full au~ho~y %o purchase such materials, too]s and machinery and ~o employ such workmen as ~n his op~n~on shal] be requlred for the proper comple~on of ~he said ~ork at the cos~ and expense of ~he O~ner or his sure~y, or both. (2) In cases of emergency, in the opinion such work may be done without prior forthwith notified. of the Director of Public Works, notice but the Owner shall be (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Bentley Lane, Blue Ridge Crescent, Dellbrook Avenue, Major Oaks Road and Underhill Court as public highways upon the registration of the plan. 23. TRANSFERS - CONVEYANCES (1) The Owner shall convey to the Town, free and clear of all encfmbrances 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) (c) Blocks 87 and 88 (Major Oaks Road reserves); Blocks 85 and 91 (Blue Ridge Crescent reserves); Blocks 86, 89 and 90 (De]Ibrook Avenue reserves). (z) 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, (2) (3) · Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. The construction of any services in such easement or easements referred to in subsection (1) shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and the lot llne. (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, 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 (i) 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 designs- ted by the Director of Public Works. Permanent Si[~ns 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. 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 Plowin~ & Sandin~ 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 or re-established all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. Z6. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate (z) 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, 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. 9 (4) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 27. DWELLING UNITS In the event that more or less than, (a) 119 dwelling units are to be constructed in the plan, or (b) 8 dwelling units are to be constructed on each of Blocks 71 72, an amendment to this Agreement shall be required. and 28. DESIGN PLANNING (1) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architec- tural design objectives for the subdivision, which approval shall not be unreasonably withheld. (2) The report referred to in subsection (1) may be required, at the Direc- tor's option, to provide the following information: (a) (b) (c) (d) (e) (f) (g) house massing; street scape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and any other data or information required. (3) The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. (4) The plans and drawings referred to in subsection (3) may be required, at the Director's option, to provide the following information: (a) (b) (c) (d) (e) (f) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; the location of landscaping features, including trees to be pre- served; 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 required. 29. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $2,000 per unit if paid in 1987, or $2,250 per unit if paid after 1987, 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. 10 (4) (5) 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 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. 30. 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 $267,750 as security for the payments referred to in section 29 hereof. 31. 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) 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. (c) Re[~istration 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. (d) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 32. 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. 11 33. PROVISION OF PARKLAND (1) Pursuant to the provisions of section 33 of the Subdivision Agreement dated , 1987, between the Owner and the Town respecting Phase 1 (Plan 40M- ) of Draft Plan 18T-79088, the Owner obtained a credit in the amount of 2.949 hectares of land for use in satisfaction of any future obligation to convey parkland to the Town. (z) The Owner used 1.5465 hectares of that credit in satisfaction of its obligation to convey parkland to the Town respecting Phases 2A, 2B, 3 and 4 (Plans 40M- , 40M- , 40M- and 40M- ) of Draft Plan 18T-79088 reducing that parkland credit to 1.4025 hectares. (3) Upon the later of, (a) the registration of this plan, and (b) the conveyance to the Town of Blocks 57 and 62, Plan 40M- , pursuant to the Agreement referred to in subsection (1), 0.590 hectares of the Owner's 1.4025 hectare parkland credit shall be used to satisfy the Owner's obligation to provide parkland for this plan, and the Owner's parkland credit shall be reduced to 0.8125 hectares. 34. FENCING (1) Prior to the commencement of development of the plan, the Owner shall erect a temporary fence along the southerly boundary of Block 89 and shall maintain it in that location until top course asphalt is applied to Dellbrook Avenue adjacent to Block 89. (2) Prior to the application of top course asphalt to Dellbrook Avenue adja- cent to Block 89, the Owner shall erect a permanent post and cable barrier, to the Town's specifications, along the south boulevard of Dellbrook Avenue adjacent to Block 89. 35. TREE PLANTING (1) The Owner shall plant on road allowances within or adiacent to the plan, 119 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 119 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. 36. 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. (z) 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. 12 (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. 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 o{ 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. (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 WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED GRAND OAK HOMES (E~STERN DIVISION) INC. THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk 13 ENCUMBRANCER - NORTHLAND BANK in LIQUIDATION This Agreement shah have priority over and take precedence over all of the rights or interests of Northland Bank in Liquidation, 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. DATED at , , 1987. SIGNED, SEALED & DELIVERED NORTHLAND BANK in LIQUIDATION ENCUMBRANCER - THE BANK OF NOVA SCOTIA Thii Agreement shall have priority over and take precedence over all of the rights or interests of The Bank of Nova Scotia whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to. the registration of this Agreement. DATED at , , 1987. SIGNED, SEALED & DELIVERED THE BANK OF NOVA SCOTIA 14 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of sections 14 and 34 of this Agreement, 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. 2. TEMPORARY TURNING CIRCLES (1) Notwithstanding the provisions of sections 11, 12 and 13 of this Agree- ment, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on, (a) Major Oaks Road, immediately south of Block 88; (b) Blue Ridge Crescent, immediately south of Block 85; and (c) Dellbrook Avenue immediately west of Block 90 and immediately east of Block 86. (2) The Owner shall remove, at its sole expense and to the Town's specifica- tions, any temporary turning circle located immediately adjacent to the plan on 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 circles referred to in subsection (1) will be required only if the sequence of construction in this plan and adiacent plans warrants it, the Director of Public Works may waive the con- struction of any turning circle, at his sole discretion, if that sequence does not warrant it. 3. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 4. ' STORM WATER MANAGEMENT & WELLS The Owner shall submit to the Town, before the commencement of construction, a report of its consulting engineer indicating what effect, if any, storm water management, site grading and services installation on site will have on existing vegetation and wells on abutting lands and shall undertake and guarantee any works determined to be necessary in that report. 5. CO-ORDINATED FUTURE DEVELOPMENT Blocks 73 to 84 shall be held for future residential development in con- junction with adjacent lands and such development shall not commence without the prior written approval of the Town which approval may be granted subject to conditions, one of which may require certain amend- ments to be made to this Agreement. (2) Until such time as Blocks 73 to 84 are developed in accordance herewith, the Owner shall maintain them in a clean and orderly condition to the satisfaction of the Town. A-1 BUILDING PERMITS - DELAYED APPLICATION Despite any other provisions of this Agreement, the Owner shall not apply for a building permit for the construction of any building, (a) on any of Blocks 73 to 84 until the provisions of section 5(1) of this Schedule have been complied with; (b) on any of Lots 50 to 54 and Blocks 73 to 84 until the M-plan for Phase 2A of Draft Plan 18T-79088 has been registered. A-2 SCHEDULE B SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING 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, dated June 15, 1982, of Draft Plan 18T-79088 (Revised) by the Minister of Municipal Affairs and Housing and 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 ('IM.T.R.C.A.") 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 reports required in Con- ditions 18(a) and (b) of the approval dated June 15, 1982, of this plan by the Minister of Municipal Affairs and Housing. 3. MINISTRY OF EDUCATION The purchasers of homes within the development shall be advised on the agree- ment of purchase and sale that although there is a proposed school site within the development, the students from the development may have to be transported to existing schools and that a school is not likely to be built for several years and only then if it can be justified to the satisfaction of the Minister of Educa- tion. B-1 SCHEDULE THIS AGREEMENT made this BETWEEN: day of , 1987. GRAND OAK HOMES (EASTERN DIVISION) 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 - THE BANK OF NOVA SCOTIA and NORTHLAND BANK in LIQUIDATION hereinafter collectively called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part of Lot 20, Concession 2, 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 15T-79058, as revised (Phase 6); 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: LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots inclusive, and Blocks 27 to 38, both inclusive, Plan 40M- 1 to 26, both · Pickering. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before June 30, 1988, 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 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", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. TIME Time shall be of the essence of this Agreement. 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. 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. 9. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the plan of subdivision. Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (1) The Owner shall construct a complete storm water drainage and manage- ment system, including storm connections to the street line and catch basin leads to service all the lands in the plan of subdivision and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (z) 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) (4) 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. The Town may connect or system but such connection system by the Town. authorize connection into any part of the shall not constitute acceptance of the sewer No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdi- vision. (2) The Owner shall keep all boulevards obstructions which might interfere with phone, gas or other utilities, clear and free of materials and the installation of electric, tele- 12. ROADS - PAVED (1) The Owner shall construct the roads according to the Town's specifications effect at the date hereof. shown on the plan of subdivision for paved roads of the Town in (2) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan that the maintenance of them has not been assumed by the Town from the time that they are opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the roads to be eon- structed pursuant to section 12, according to the speeiflcations 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 specifications. 14. SIDEWALKS (1) The Owner shall construct the following segment of sidewalk in accordance with the time limits set out in section 1 of Schedule A: (a) adjacent to Block 40 on the east side of Valley Farm Road. (2) (3) The Owner shall construct the following segments of sidewalk, in each case prior to the occupancy of any dwelling unit on any lot adjacent to that segment, despite the provisions of section 1 of Schedule A: (a) adjacent to Lot 20 and Block 28 on the south side of Blue Ridge Crescent; (b) adjacent to Block 27 and Lots 18 and 19 on the south side of Blue Ridge Crescent; (c) adjacent to Lots 12 to 17 on the south and west side of Blue Ridge Crescent; (d) adjacent to Block 32 and Lots 25 and 26 on the south side of Major Oaks Road and the east side of Peachwood Lane; adjacent to Lot 24 and Block 33 on the south side of Major Oaks Road; (f) adjacent to Block 34 on the south side of Major Oaks Road; (g) adjacent to Block 35 on the north side of Major Oaks Road; (h) adjacent to Blocks 36 and 37 on the north side of Major Oaks Road. The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accor- dance with the standards and specifications of Picketing Hydro-Electric Commis- sion, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (i) The Owner shall install street lights, including poles and other necessary appurtenances, on each proposed street in the plan. (2i Electrical service for street lighting shall be provided underground and not aboveground. (3) Street lighting and its related electrical service shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. (4) The installation of street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $4,060 as an engineering drawing inspection fee. (z) All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 4 18. LIABILITY INSURANCE (i) 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 (i) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. The Owner may, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made~ (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (4) (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 courtl 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 The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agree- ment, and shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suit- able swales and catch basins to manage adequately, in the opinion of the Town's Director of Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation and the Metropolitan Toronto and Region Conservation Authority. (4) 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. (5) If, in the opinion of .the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. (6) 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 (1) If, in th~ 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 cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Blue Ridge Crescent, Peachwood Lane, Oaks Road as public highways upon the registration of the plan. and Major 23. TRANSFERS - CONVEYANCES (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration thereof, all of, (a) (b) (c) (d) Blocks 41 and 42 (Major Oaks Road reserves); Blocks 43 and 44 (Blue Ridge Crescent reserves); Block 39 (Valley Farm Road future road widening); Block 40 (Valley Farm Road 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 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. 7 (2) (3) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. The construction of any services in such easement or easements referred to in subsection (1) shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and the lot line. (b) Continuation of 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, 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 under this Agreement to the specifications of the date hereof. required to be done Town in effect at the (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 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 Plowin~ & Sandin{/ of Roads (i) (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 or re-established all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. 26. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (z) 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, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road and extend to an existing maintained public road. (4) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 27. DWELLING UNITS In the event that more or less than, (a) 116 dwelling units are to be constructed in the plan, or (b) 8 dwelling units are to be constructed on each of Blocks 27 to 30 and 33 to 36, an amendment to this Agreement shall be required. 28. DESIGN PLANNING 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 architec- tural design objectives for the subdivision, which approval shall not be unreasonably withheld. (2) The report referred to in subsection (1) may be required, at the Direc- tor's option, to provide the following information: (a) (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 required. (3) The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. (4) The plans and drawings referred to in subsection (3) may be required, at the Director's option, to provide the following information: (a) (b) (c) (d) (e) (f) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; the location of landscaping features, including trees to be pre- served; 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 required. 29. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $2,000 per unit if paid in 1987, or $2,350 per unit if paid after 1987, 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. 10 (4) (5) 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 the unit levy has been paid shah be deemed to be a release of this section for the lands referred to in the said letter. 30. 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 $261,000 as security for the payments referred to in section 29 hereof. 31. 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) 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. (c) Re[~istration 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. (d) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 32. 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. 33. PROVISION OF PARKLAND (1) Pursuant to the provisions of section 33 of the Subdivision Agreement dated , 1987, between the Owner and the Town respecting Phase 1 (Plan 40M- ) of Draft Plan 18T-79088, the Owner 11 (2) (3) obtair~ed a credit in the ~mount of 2.949 hectares of land for use in satisfaction of any future obligation to convey parkland to the Town. The Owner used 2.1365 hectares of that credit in satisfaction of its obligation to convey parkland to the Town respecting Phases 2A, 2B, 3, 4 and 5 (Plans 40M- , 40M- , 40M- , 40M- and 40M- ) of Draft Plan 18T-79088, reducing that parkland credit to 0.8125 hectares. Upon the later of, (a) the registration of this plan, and (b) the conveyance to the Town of Blocks 57 and 62, Plan 40M- , pursuant to the Agreement referred to in subsection (1), 0.575 hectares of the Owner's 0.8125 hectare parkland credit shall be used to satisfy the Owner's obligation to provide parkland for this plan, and the Owner's parkland credit shall be reduced to 0.2375 hectares. 34. FENCING (1) Prior to the occupancy of any dwelling unit on either of Blocks 35 and 36, the Owner shall erect, (a) a permanent galvanized chain link fence 1.8 metres high, having 0.05 metre 9 gauge mesh, along the boundary of the plan adiacent to those blocks, and (b) a permanent wood privacy fence 1.8 metres high, along the easterly boundary of Block 40. (z) The permanent fencing required to be constructed pursuant to subsection (1), 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. 35. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 116 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 116 trees to be planted, the Owner shall pa!r'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. 36. TREE (1) (Z) (3) PRESERVATION 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. 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 hereo£. 12 (4) (~) (6) Unit 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. In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or ia, 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 shah 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. The Owner's liability under subsection (5) shall continue until, (a) where the lands upon which the tree is located comprise a res- identia] 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 Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED GRAND OAK HOMES (EASTERN DIVISION) INC. THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk 13 ENCUMBRANCER - NORTHLAND BANK in LIQUIDATION This Agreement shall have priority over and take precedence over all of the rights or interests of Northland Bank in Liquidation, 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. DATED at , , 1987. SIGNED, SEALED & DELIVERED NORTHLAND BANK in LIQUIDATION ENCUMBRANCER - THE BANK OF NOVA SCOTIA This Agreement shall have priority over and take precedence over all of the rights or interests of The Bank of Nova Scotia whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. DATED at , , 1987. SIGNED, SEALED & DELIVERED THE BANK OF NOVA SCOTIA 14 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of sections 14 and 34 of this Agreement, 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. 2. TEMPORARY TURNING CIRCLES The Owner shall remove, at its sole expense and to the Town's specifications, an), 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. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 4. CO-ORDINATED FUTURE DEVELOPMENT - BLOCKS 31, 32, 37 AND 38 (i) (z) (3) Blocks 31, 32, 37 and 38 shall be held for future residential development in conjunction with adjacent lands and such development shall not commence without the prior written approval of the Town which approval may be granted subject to conditions, one of which may require certain amendments to be made to this Agreement. Until such time as Blocks 31, 32, 37 and 38 are developed in accordance herewith, the Owner shall maintain them in a clean and orderly condition to the satisfaction of the Town. Despite any other provisions of this Agreement, the Owner shall not apply for a building permit for the construction of any building on any of Blocks 31, 32, 37 and 38 until the provisions of subsection (1) have been complied with. 5. STORM WATER MANAGEMENT & WELLS The Owner shall submit to the Town, before the commencement of construction, a report of its consulting engineer indicating what effect, if any, storm water management, site grading and services installation on site will have on existing vegetation and .wells on abutting lands and shall undertake and guarantee any works determined to be necessary in that report. A-1 SCHEDULE B SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING 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, dated June 15, 1982, of Draft Plan 18T-79088 (Revised) by the Minister of Municipal Affairs and Housing and 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. ") 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 reports required in Con- ditions 18(a) and (b) of the approval dated June 15, 1982, of this plan hy the Minister of Municipal Affairs and Housing. MINISTRY OF EDUCATION The purchasers of homes within the development shall be advised on the agree- ment of purchase and sale that although there is a proposed school site within the development, the students from the development may have to be transported to existing schools and that a school is not likely to be built for several years and only then if it can be justified to the satisfaction of the Minister of Educa- tion. B-1