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By-law 1620/83
THE CORPORATION OF THE TOWN OF PICKERING BY-LAW N0.1620 /83 Being a by-law to authorize the execution of a Subdivision Agreement between Avocan Investments Limited, Bangor Construction Limited and Pinocchio Holdings Inc. and the Corporation of the Town of Pickering respecting the development of Part Lot 28, Concession 1, Pickering (Draft Plan 18T-81022) WHEREAS Avocan Investments Limited, Bangor Construction Limited and Pinocchio Hold- ings Inc. propose to subdivide and register a plan of subdivision of Part Lot 28, Concession 1, Pickering; and WHEREAS that proposal has been approved by the Council of the Corporation of the Town of Pickering and the Regional Municipality of Durham, subject to several condi- tions, one of which requires the entering into of a satisfactory Subdivision Agree- ment between Avocan Investments Limited, Bangor Construction Limited and Pinocchio Holdings Inc. and 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 a Subdivision Agreement, in the form attached hereto as Schedule "A", between Avocan Investments Limited, Bangor Construction Limited and Pinocchio Holdings Inc. and the Corporation of the Town of Pickering respecting the subdivision of Part Lot 28, Concession 1, Pickering (Draft Plan 18T-81022). BY-LAW read a first, second and third time and finally passed this ?th day of February , 1983. Schedule "A" to B~;-law Number 1620/83 THIS AGREEMENT made in quadruplicate this 7th day of February, 1983. BETWEEN: AVOCAN INVESTMENTS LIMITED B/LNGOR CONSTRUCTION LIMITED PINOCCHIO HOLDINGS INC. hereinafter collectively called the "Owner" OF THE FIRST PART, - and- THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS, the Owner proposes to subdivide part of Lot 28, Concession 1, 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 prepared by Fred Schaeffer and Associates, Ltd., Ontario Land Surveyors, dated May 19th, 1981, designated as Draft Plan Number 18T-81022, as reuised; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the said proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: - 2 PART 1 - PROPERTY DESCRIPTION LAND AFFECTED The lands affected by this Agreement are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of that part of Lot 28, Concession 1, Pickering, designated as Parts 2 and 3 on a plan of survey of reference deposited in the Land Titles office for the Registry Division of Durham (No. 40) as Plan 40R-6344. PART 2 - SERVICES 2. OWNER'S GENERAL UNDERTAKING The Owner agrees to complete at its own expense and in a good workmanlike manner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Director of Public Works for the Town of Pickering, and to complete, perform or make payment for such other matters as may be provided for herein. 3. CONSULTING ENGINEERS (1) The Owner agrees to retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the neces- sary engineering and to supervise generally the work required to be done for the development of the 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. 4. STORM SEWERS (1) The Owner agrees to construct a complete storm system includ- ing storm connections to the street line and catch basin leads to service all the lands in the plan of subdivision and adjacent road allowances 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 to maintain them, including clearing any blockages or debris from whatever cause, until they are formally accepted by the Town. (2) Such sewers shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of sufficient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the aforementioned lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require their use as trunk outlets. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivision, the Owner may be required carry out such works as are necessary to provide adequate outlets. to (4) The Town may connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the sewer system by the Town. (5) Except in an emergency, no connection under subsection 4 shall be undertaken or authorized prior to preliminary accept- ance of the sewer system by the Town. ROADS ROUGH GRADE (1) Prior to the installation or construction of the relevant municipal services provided for herein, the Owner agrees to rough grade to the Town's specifications to their full width, PART 2 - SERVICES (Cont'd) 5. ROADS - ROUGH GRADE (2) (Cont'd) the proposed road allowances shown on the plan of subdivision. The Owner further agrees to keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other util- ities. 6. ROADS - PAVED (1) The Owner agrees to construct the roads shown on the plan of subdivision according to the specifications for paved roads of the Town in effect at the date hereof. (2) The specifications for boulevard grading, sidewalks and sod- ding shall apply to existing roads adjacent to the plan of subdivision. (3) The Owner covenants and agrees that, until assumption by the Town, it will maintain and repair roads both within and out- side the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of dust, refuse, rubbish or other litter of all types. (4) The Owner will erect and maintain adequate signs to warn all persons using the roads in the plan of subdivision 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. (5) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 7. CURBS & GUTTERS (1) The Owner agrees to construct curbs and gutters, (2) (a) on the roads shown on the plan of subdivision, and (b) on the north side of New Street adjacent to the plan of subdivision, according to the specifications of the Town in effect at date hereof and to maintain them until they are formally accepted by the Town. the If any curb depressions are not located correctly with respect to a driveway, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the said specifications. 8. SIDEWALKS The Owner agrees to construct a sidewalk, (a) on both sides of Aspen Road; (b) on both sides of Pebble Court north of Aspen Road, and on the south-east side of Pebble Court, adjacent to Lots 13, 14 and 15, south of Aspen Road; - 5 PART 2 - SERVICES (Cont'd) SIDEWALKS (Cont'd) (c) (d) (e) on both sides of Millbank Road; on the north side of New Street; and on the east side of ~hite's Road adjacent to the plan of subdivision, all according to the specifications of the Town in effect at the date hereof and to maintain them until they are formally accepted by the Town. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING (1) (2 (3 (4 (5) Underground electric distribution shall be provided for all residential lots and blocks within the plan of subdivision, and for Block 55, according to the standards and specifica- tions of Pickering Hydro-Electric Commission. Cable television services shall be provided for all residen- tial lots and blocks within the plan of subdivision according to the standards of Pickering Cable T.V. Limited. The Owner agrees to pay all costs of installation of street lighting, including poles and other necessary appurtenances for the lighting of all streets including boundary roads and pedestrian walkways on the plan. The lighting 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. The installation of all works provided for in this section shall be constructed under the supervision and inspection of Pickering Hydro-Electric Commission and Pickering Cable T.V. Limited, as the case may be. 10. INSPECTION OF WORK (1) Except where otherwise provided in this Agreement, all works required to be constructed by the Owner shall be installed under the observation of Inspectors employed by the Town and the Owner agrees to pay the costs incurred therefor within thirty (30) days of invoices being rendered. (2) The costs referred to in subsection (1) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. 11. 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, 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. PART 2 - SERVICES (Cont'd) 11. LIABILITY INSURANCE (Cont'd) (2) The amount of the said Policy shall be $1,000,000. (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 agrees to pay the cost of such renewal or renewals within thirty (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. 12. PERFOP~ANCE & MAINTENANCE GUARANTEE (i) Before commencing any of the work provided for herein, the Owner shall supply the Town with a 100% performance and main- tenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works to guaran- tee the satisfactory completion of the works and to guarantee the workmanship and materials for a period of two (2) years from the date ghat the works are completed and such comple- tion acknowledged, in writing, by the Director of Public Works. (2) Such performance and maintenance security may, of the Owner, be made up of cash, irrevocable credit, bond, or a combination thereof. at the option letter of (3) The Owner may, from time to time, apply for a reduction in the security and such application shall be made to the Town Treasurer. (4) Upon written verification from the Director of Public Works that the services 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 ten per cent (10%) of the original value, which ten per cent portion shall apply as the security for maintenance until the obligation to maintain has expired, when the balance of the security shall be returned to the Owner subject to any deductions for maintenance purposes. (5) 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. 13. DRAINAGE - SODDING (1) The Owner agrees to 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. - 7 - PART 2 - SERVICES (Cont'd) 13. DRAINAGE - SODDING (Cont'd) (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement and is subject to the approval of the Director of Public Works and the Metropolitan Toronto and Region Conservation Authority. (3) The grading of all lands shall be carried out by the Owner in accordance with th.e Grading Control Plan, under the super- vision of the Owner's Consulting Engineer. (4) 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 agrees to correct them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. (5) The Owner agrees to sod the front, side and rear yards of each of the lots except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 14. 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 notification be without effect within ten (10) clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. (2) In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and further, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. PART 2 - SERVICES (Cont'd) 15. DEDICATIONS The Owner shall dedicate as public highway, upon the registration of the final plan, or convey, free and clear of all encumbrances, within the thirty (30) days immediately following the registration of the final plan, the lands indicated in Column I of the follow- ing Table to the respective authority named in Column II of the Table: Table Column I Column II Pebble Court The Corporation of the Town of Pickering Aspen Road The Corporation of the Town of Pickering Millbank Road The Corporation of the Town of Pickering 16. TRANSFERS - CONVEYANCES (i) The Owner shall convey free and clear of all encumbrances, at no cost to the Grantee, upon the registration of the plan or within the thirty (30) days immediately following the reg- istration of the plan, the lands indicated in Column I of the following Table to the respective authority named in Column II of the Table: Table Column I Column II Block 55 (Walkway) The Corporation of the Town of Pickering Block 56 (Reserve; Pebble Court) The Corporation of the Town of Pickering Block 57 The Corporation of the Town (Reserve; Aspen Road) of Pickering Block 58 (Reserve; White's Road) The Corporation of the Town of Picketing Block 59 (Widening; White's Road) The Regional Municipality of Durham (2) Notwithstanding the provisions of subsection (1), a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. 17. 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. - 9 PART 2 - SERVICES [Cont'd) 17. TRANSFERS - EASEMENTS (Cont'd) (2) Such easements shall be subject to the approval of the Direc- tor of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or ease- ments 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. 18. STREET NAMING The Owner shall name, on the final plan, the streets indicated in Column I of the following Table, with the respective names set out in Column II of the Table: Column I Aspen Road (Draft Plan) Pebble Court (Draft Plan) Court No. 1 (Draft Plan) Millbank Road (Draft Plan) Table Column II Aspen Road Pebble Court Pebble Court Millbank Road 19. SERVICE CAPACITY This Agreement shall be subject to the Owner entering into satis- factory arrangements with the Town and the Regional Municipality of Durham with respect to the allocation of sewage treatment plant capacity and water capacity for the development. 20. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave the driveway approaches between the curb and or, where no sidewalk is to be provided, between the the lot line. sidewalk, curb and (b) Continuation of Existing Services Where the construction of services herein involves a contin- uation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workman- like 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, othe~ than the actual construction of roads in the plan of subdivision with- out the written consent of the authority responsible for such lands. 10 - PART 2 - SERVICES (Cont'd) 20. GENERAL PROVISIONS - SERVICES (Cont'd) (c) Public Lands - Fill & Debris (Cont'd) (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of subclause (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 serv- ing the development 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 quanti- tative 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 thirty (30) days of the account being rendered by the Town. Relocation of Services (i) To pay the cost of relocating any existing services and utilities caused by the'subdivision work within thirty (30) days of the account for same being ren- dered 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 designated 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 designated 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 subdivision, with amendments, if any, noted thereon. - 11 PART 2- SERVICES (Cont'd) 20. GENERAL PROVISIONS - SERVICES (Cont'd) (k) Snow Plowing & Sanding of Roads (i) If, in the opinion of the Director of Public Works, the condition of the road surface is not acceptable for winter control, to snow plow and sand such roads from such occupied buildings to existing Town roads or to subdivision roads that receive the Town's winter control service, including alternate means of access where available. (i±) Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems condi- tions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. (1) Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. - 12- PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) 21. The Owner agrees that no building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are availabler and in the opinion of the Director of Public Works, capable of providing adequate service. (2) The Owner further agrees that no building or part of a build- ing in the subdivision shall be occupied except upon the issuance of a municipal occupancy permit. (3) It is agreed that no application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) Sewer and water facilities are installed and in opera- tion 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 maintained 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 constructed on the said road and extend to an existing maintained public road. (4) (a) The Owner Agrees with the Town that should any building or part thereof in the plan of subdivision be occupied without the prior issuance of a municipal occupancy permit, then in that event, the Owner shall pay to the Town, the sum of $1,500 for each building or part thereof so occupied as liquidated damages therefor. (b) The issuance by the Town of municipal occupancy permits for each and every building on any lot or block in the plan of subdivision shall be deemed to be a release from the provisions of this subsection with respect to that lot or block. (5) The Owner access to until the agrees to of any of further covenants and agrees to maintain vehicular all occupied buildings in the plan of subdivision, roads are formally assumed by the Town, and further obtain similar covenants from any subsequent owner the laDds in the said plan. 22. TIME LIMIT FOR CONSTRUCTION The Owner agrees to construct or cause to be constructed, in the plan, fifty-two (52) housing units, all of which shall be com- pleted within two (2) years of the date of registration of the plan. 23. DESIGN PLANNING (1) The Owner agrees that, prior to the issuance of any building permit for the construction of any residential unit on the lands, it shall submit to the Town's Director of Planning, for approval, a report outlining siting and architectural design objectives for the subdivision. - 13- PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) (2) 23. DESIGN PLANNING (Cont'd) The report may be required, at the Director's option, provide the following information: (a) house massing; (b) streetscape; (3) (4) to (c) exterior materials and colours; (d) architectural style; (e) visual variety; (f) energy conservation measures; and (g) any other data or information required. The Owner further agrees that, prior to the issuance of any building permit for the construction of a residential unit to be erected on the lands, it shall submit to the Director, for approval, site plans and architectural drawings for that unit. The plans and drawings may be required, at the Director's option, to provide the following information: (a) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; (b) the location of landscaping features, including trees to be preserved; (c) streetscape for front and rear elevation at a scale acceptable to the Director; (d) streetscape to show all street furniture and vegetation; (e) the relationship of buildings by blocks; and (f) any other data or information required. - 14 PART 4 - FINANCIAL MATTERS 24. FINANCIAL PAYMENTS (1) The Owner agrees to pay to the Town a unit levy in the amount of $1,500 for each dwelling unit for which a building permit is received. (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 eighteen (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. 25. LETTER OF CREDIT 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 $78,000 as security for: (a) the payments referred to in section 24 hereof; and (b) the payment of liquidated damages referred to in subsection (4) of section 21 hereof. 26. 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 said plan of subdivision, as required by law from time to time. (b) Local Improvements Prior to the release of the plan for registration, to prepay any outstanding local improvement charges which are levied against any of the lands in the said plan of subdivision. (c) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (d) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documentation, including transfers, in the Land Titles Office. - 15- PART 4 - FIMANCIAL MATTERS (Cont'd) 26. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd) (e) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guaran- tee 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 subdivision, or if such claims do exist, the Owner agrees to indemnify the Town against all claims, actions or demands for mechanics' liens or otherwise and all costs in connection therewith. 27. EXPIRY OF SECURITIES (1) The Owner further agrees that should any security required to be given under the terms of this Agreement expire during the currency of the Agreement, the Owner shall provide to the Town at least thirty (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 Tow]lo (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring secur- ity into cash and hold the cash in lieu of and for the same purposes as any further security. 28. TERMINATION OF LEVY/OCCUPANCY SECURITY (1) The security required to be deposited with the Town pursuant to the provisions of section 25, above, may only be termin- ated or cancelled by the Owner after the Municipal Occupancy Permit for the last residential building or part thereof to be constructed on these lands has been issued by the Town. (2) Notwithstanding the provisions of subsection 1, the may, from time to time, apply to the Town Treasurer reduction in the amount of the security referred to tion 1, as Municipal Occupancy Permits are issued. Owner for a in subsec- - 16- PART 5 - PARKS & TREES 29. PROVISION OF PARKLAND (1) The Owner shall convey to the Town, free and clear of all encumbrances, at no cost to the Town, and within thirty (30) days immediately following the registration of the plan, 0.2578 hectares of parkland, comprising all of Block 53, being 0.1554 hectares, and a second parcel of land, being 0.1024 hectares, adjacent to an existing Town park; and the Town agrees to accept such conveyanceS in full satisfaction of the Owner's obligation to provide parkland. (2) The location, dimensions and nature of the second parcel referred to in subsection (1) shall be subject to the approval of the Town's Director of Parks and Recreation. 30. FENCING (1) The Owner shall erect, upon the completion of final lot grading and seeding or sodding the lands in the subdivision, (a) a permanent fence of nine (9) gauge, galvanized steel link fencing, having 0.05 metre mesh, 1.8 metres high, (i) along the easterly boundary of Block 58 from its northerly limit to a point adjacent to the south- west corner of the dwelling to be erected on Lot 1; and (±±) along the northerly and southerly boundaries~of Block 53 and along the westerly boundary of Block 53 adjacent to Lots 36, 37, 38 and 39; and (iii) along the northerly and southerly boundaries of Block 55; (b) a permanent fence of nine and three quarter (9-3/4) gauge, nine (9) strand, galvanized steel farm fence, 1.22 metres high, having maximum 0.10 x 0.40 metre mesh, along the northerly boundary of the subdivision adjacent to Lots 29 and 30 and Blocks 54, 56 and 57. (2) The fencing required to be constructed pursuant to clause (a) of 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. (3) The Owner shall further erect, at the time the fencing referred to in subsection (1) is erected, vehicle barriers on Block 55; such barriers to be constructed in accordance with specifications therefor and to the satisfaction of the Direc- tor of Public Works. 31. DRAINAGE ONTO OPEN SPACE/PARKLAND (1) The Owner shall ensure that the lands within do not drain surface run-off water onto Town open space or walkways. the subdivision owned parkland, - 17- PART 5 PARKS & TREES (Cont'd) 31. DRAINAGE ONTO OPEN SPACE/PARKLAND (Cont'd) (2) Where this is not possible, the Owner shall install within the parkland, open space or walkways, as the case may be, at a distance no greater than six (6) metres from the property line, suitable swales and catch basins to adequately manage, in the opinion of the Director of Parks and Recreation, all surface run-off water, draining onto the parkland open space or walkways from the lands within the subdivision. 32. LANDSCAPE PLANNING (1) The Owner agrees that prior to the issuance of building per- mits for any of the units to be erected on the lands, it shall submit a landscaping plan for all of the lots and blocks on the plan to the Town for approval. (2) The Owner further agrees that upon approval by the Town of a landscaping plan, the landscaping works shown on the plan shall be constructed, installed or planted, as the case may be, in conformance with the landscaping plan according to the time limits set out in Schedule "A". 33. TREE PLANTING (1) The Owner shall plant on the lands, trees of a size, ~umber 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. list of acceptable tree species and sizes will be provided. The trees approved by the Town shall be planted by the Owner no more than six (6) months after final grading is done in the specified area. (5) (i) The Owner shall plant at least one (1) tree per resi- dential unit in the subdivision. (ii) Where the density is too great to enable this quota to be met, the Owner shall provide $70 for every unit for which a tree cannot be planted, for tree planting in a public land area within the community in which the plan is located. 34. TREE PRESERVATION (1) The Owner agrees to retain, at its own expense, a qualified expert in order to determine which of the existing trees shall be preserved. (2) The aforementioned qualified expert shall prepare a Tree Preservation Program, which program shall be submitted to the Director of Planning and shall not be put into effect until it has received the approval of the Director of Planning. (3) In determining whether or not to approve the Tree Preserva- tion Program, the Director shall be governed by the Town Tree Preservation Guidelines in effect as at the date hereof. - 18- PART 6 - GENERAL PROVISIONS 35. LICENCE TO ENTER The Owner agrees with the Town to retain a licence from any sub- sequent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. 36. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31st, 1983, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null void. and 37. NOTICE Any notice required to be given hereunder may be given by regis- tered 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. 38. INTERPRETATION (1) Whenever in this Agreement the word "Owner" and the pronoun "it" is used, they shall be read and construed as "Owner or Owners" and "his", "her" or "their", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) The provisions in Schedules "A", "B", "C" and "D" attached hereto shall form part of this Agreement. 39. TIME Time shall be of the essence of this Agreement. 40. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their succes- sors and assigns. 19- PART 6 - GENERAL PROVISIONS (Cont'd) IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate Seals attested to by the hands of their proper officers that behalf fully authorized. in SIGNED, SEALED & DELIVERED AVOCAN INVESTMENTS LIMITED Per: Per: BANGOR CONSTRUCTION LIMITED Per: Per: PINOCCHIO HOLDINGS INC. Per: Per: THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk 'i'IME LIMIT FOR WORK & GUARANTEE FOR WOR}CMANSHIP · (1) (2) Save as herein otherwise provided, the Owner ag~e~s to cow.- ple[e the works required under this Agreement within the limits specified in the Table set out below and to guaran~,~e Ibc workmanship and materials for a period of two (2) ~ 'n the date that the said works are approved in writing ~ e Director of Public Work., t_be Director of Parks and ~ ~eation, or the Directoc ,.~ D~ann~ng, as the case may be. ~'n( works other than tl~l ~, . :if',c~ ]l,l provided for in the :~le shall be completed wil]~n ihe ~ :me limit provided for tl ~r:ein for abovegrouma Work s (a) Underground Two ye: ." from the ~ate of the Services regist~. , ion -,f~' th,~ f~ qal plan of subd]visir n (b) Aboveground Services Two years from the date of the registration of the final plan of subdivision PHASING Neith~,~ khe ~e~isl., .' ion of fh]~ [ 1. an n i developed,mt o£ i1);.: ;,]bdLv~s[-,n ':.ba]] .m , ' amendm~,,t ko t-11~ ' "9rc:~.neu~. e ~ ;astruction and ~ed w Lthout a prior ' 3. TEMPORARY TURNING CIRCL,,;S (i) Notwithstand~ag l}:~e r'rov~sions o, ., ;,ons 6, 7 and 8 of this Agreement, I' , c.~-:~r shall cons ~ ~t its sole expense and to the Town' . ifications, a 'er o~ary turning circle on Aspen Road, ~diately south of Block 57, and on Pebble Court, imm~ ~ly south of Block 56, at the time the roads Further, tho ,~mer shall remove, at its sole expense and to the Town's si ~'ifications, any temporary turning circle loca- ted immedi4~.' adjacent to the plan on a public highway to be extend~;d : khe Owner into the plan, and shall replace such circle w~Lh permanent services as if the highway we~_ a kl] ~;I ,,:~.:,,r, ~ .... I '~iTds ¢'c.-.prising the plan of subdJ~,i.~ ... ~b ~1 : .:- ,: m,,: : .h, .:,,=r, at its sole expense, +he issus~. ", ,' .f ouilai.~: j.arm~t. 5 . WALKWAY TREATMENT The Owner agrees to construct a concrct, extending from the curb on Pebble Court . ' ~esterly b~undary of Blo(. ',2, accordi~ .long Block 55 i.re east of the .i~ecifications of SCHEDULE "A" (Cont'd) WALKWAY TREATMENT (Cont'd) the Town and to maintain such walkway until by the Town. it is formally accepted 6. WHITE'S ROAD CORNER ROUNDING (1) Prior to the registration of the plan, the Owner shall, at its sole expense, provide to the Town for the Town's review and approval, a survey and draft reference plan of that part of Lot 28, Concession 1, Pickering, presently designated as Part 1, Plan 40R-6344. (2) The survey and draft reference plan shall divide Part 1, Plan 40R-6344 into two parts such that the Town may convey one of the parts to the Regional Municipality of Durham for a corner rounding at the intersection of White's Road and New Street. (3) Within thirty (30) days of the Town's approval of the survey and draft reference plan, or within thirty (30) days of the registration of this plan of subdivision, whichever last occurs, the Owner shall, at its sole expense, file the approved reference plan in the Land Registry Office and provide six (6) copies thereof, as registered, to the Town. 7. CONTRIBUTIONS TO OVERSIZING COSTS - STORM SEWERS - PLAN M-1058 (1) (2) The Owner shall comply with all of its obligations, respect- ing the lands comprising this plan, concerning contributions to the costs of oversizing storm sewers in Plan M-1058, which obligations are contained in an Agreement dated March 15th, 1982 between Bramalea Limited and Avocan Investments Limited, Bangor Construction Limited and Pinocchio Holdings Inc. Any failure to comply with the obligations referred to in subsection (1), above, shall be deemed to be a failure to comply with the requirements of this Agreement. 8. FUTURE DEVELOPMENT BLOCK - BLOCK 54 Block 54 shall be developed only in conjunction with abutting lands to the north and after an amendment to this Agreement is entered into, if required in the sole discretion of the Town. 9. DEDICATION OF RESERVES - BLOCKS S-1 & T-i, PLAN M-1058 (1) (2) The Parties acknowledge and agree that Block T-i, Plan M- 1058, has been dedicated by the Town as public highway (New Street) pursuant to By-Law 1437/82, enacted February 15th, 1982 and registered April 1st, 1982 as Instrument No. LT144153. The Town agrees to dedicate Block S-i, Plan M-1058, as public highway (Millbank Road) immediately following the issuance of the occupancy permit for the 52nd dwelling in the plan to have such a permit issued. SCHEDULE "A" (Cont'd) 10. SECURITY FOR CONVEYANCE OF PARKLAND (1) Notwithstanding the provisions of section 29 of this Agree- ment, the Owner may provide to the Town an irrevocable secur- ity, in a form satisfactory to the Town, in the amount of $15,312.55 prior to the registration of the plan, and thereby defer the conveyance of the second parcel of parkland for a period of up to two (2) years from the date of registration of this plan. (2) If within two (2) years of the date of registration of this plan, the Owner obtains a conveyance for, or conveys to the Town, free and clear of all encumbrances and at no cost to the Town, the second parcel of parkland, the Town shall, upon the registration of the conveyance, surrender the security to the Owner and the Owner shall be deemed to have complied with the provisions of section 29 of this Agreement respecting that parcel. (3) If the Owner fails to obtain a conveyance for, or convey to the Town, the second parcel of parkland within two (2) years of the date of registration of this plan, or if such a convey- ance is not in accordance with this Agreement or cannot be registered, the Town shall draw on the security, in full, and the Owner shall be deemed to have complied with the provisions of section 29 of this Agreement respecting that parcel. SCHEDULE "B" 1. INDUSTRIAL/COMMERCIAL COMPONENT (1) The Owner shall construct within the Town of Pickering, (a) industrial buildings having a total floor area of not less than 4,830.8 square metres, (b) con~ercial buildings having a total floor area of not less than 3,099.2 square metres, or (c) a combination of industrial buildings and commercial buildings having a total floor area such that, for each of the residential units to be constructed pursuant to the provisions of section 22(1) of this Agreement, there shall be 92.9 square metres of industrial building or 59.6 square metres of commercial building constructed, the Owner shall be entitled thereby to sufficient credits upon which the residential building unit permits may be issued. (2) The required industrial or commercial buildings shall be com- pleted on or before December 31st, 1986. (3) If, on the 1st day of January in any year from, after and including 1987, the required industrial or commercial build- ings have not been constructed, then commencing in 1987, the Owner shall pay annually to the Town on the 15th day of January in each year, liquidated damages in the amount of $350 for every existing residential unit, or part thereof, for which a residential building unit credit has not been earned. (4) For the purpose of determining the number of residential building unit credits earned as the result of the construc- tion of industrial buildings, commercial buildings, or a combination thereof, the per unit requirements set out in clause (c) of subsection (1) shall be used. (5) The Owner shall leave deposited with the Town, its perform- ance guarantee in the amount of $91,000 to guarantee the satisfactory completion of the required industrial or commer- cial buildings on or before the date set out in subsection (2) and to secure the payment of any liquidated damages that may become payable under subsection (3). (6) The Parties hereby acknowledge that the requirements set out in subsection (1) relate only to the credits necessary to effect the residential development of Lots 1-52, inclusive; should the ultimate development of other blocks be residen- tial, further credits may, at the Town's option, be required. SCHEDULE "C" 1. SPECIAL PROVISIONS REQUIRED BY THE REGION OF DURHAM The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval, dated March 20th, 1980, of Draft Plan 18T-79051 by the Minister of 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 Agree- ment. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") ENGINEERING & DRAINAGE REPORT (1) The Owner shall, (2) (a) prior to the initiation of grading and prior to the final registration of the plan of subdivision, submit for the review and approval of the Metropolitan Toronto and Region Conservation Authority, a detailed engineer- ing and drainage report describing, (i) the storm water management techniques which may be required to minimize the amount of storm water draining from the site; and (ii) the proposed methods for controlling or minimiz- ing siltation and erosion on the site and in downstream areas during and after the construc- tion period; and (b) carry out, the recommendations referred to in the report to the satisfaction of M.T.R.C.A. The Town shall not be liable for any costs whatsoever of the preparation or evaluation of the report referred to in (1), nor of the carrying out of works resulting therefrom, and the Owner hereby indemnifies the Town in this respect. 3. PERFORMANCE & MAINTENANCE GUARANTEE For the purposes of sections 12 and 14 of this Agreement, and without otherwise limiting the generality thereof, the term "work provided for herein" shall be deemed to exclude works required to be carried out pursuant to section 2 of this Schedule unless such works are also required under a section in the Agreement other than section 2 of this Schedule. SCHEDULE "D" 1. FUTURE CONTRIBUTIONS TO OVERSIZING COSTS In the event that the storm drainage system required by the Town to be constructed by the Owner pursuant to the provi- sions of section 4 of this Agreement is to be of a larger capacity, in whole or in part, than necessary to service all the lands in the plan of subdivision, then the provisions of this section shall apply. (2) within sixty (60) days of the acknowledgement, by the Town's Director of Public Works, of the completion of the storm drainage system, or any part thereof, as the case may be, as provided for in section 12 of this Agreement, the Owner's consulting engineer shall provide to the Town, in a form sat- isfactory to the Town, a detailed summary of the Owner's actual cost of the design and construction of the required storm drainage system, excluding lateral connections; and (b) a detailed estimate of the Owner's probable cost of the design and construction of the said system, excluding lateral connections, had the system been required by the Town to service the lands in the subdivision only. (3) Within thirty (30) days of the receipt by the Town of the sugary and estimate referred to in subsection (2), in a form satisfactory to the Town, the Town Manager shall determine and notify the owner in writing of the following: (a) the area of the lands outside the plan of subdivision that the storm drainage system shall be deemed to service for the purposes of this section (the "external lands"); (b) the portion of the Owner's actual cost, referred to in subsection (2), that the Town shall deem to be appli- cable to the external lands for the purposes of this section (the "oversizing cost"); and (c) the amount of the oversizing cost that the Town shall deem to be applicable to each hectare of the external lands (the "per hectare oversizing cost"), and that determination shall be final. (4) In the event that the external lands, or any part thereof, are to be developed by plan of subdivision, plan of condomin- ium or any other method requiring a development agreement, then the Town shall endeavour to ensure that the owner thereof pays to the Owner herein, prior to the development of those lands, all or an appropriate portion of the oversizing cost, (a) calculated according to the gross area immediately prior to development of the external lands to be developed and the per hectare oversizing cost, and (b) adjusted annually, for a maximum of five (5) years from the date of the notification referred to in subsection (3), above, according to the Southam Construction Cost Index for Ontario, composite por'tion. (5) In consideration of the Town approving the plan of subdivi- sion and entering into this Agreement with this section included, the Owner hereby, SCHEDULE "D" (Cont'd) 1. FUTURE CONTRIBUTIONS TO OVERSIZING COSTS (Cont'd) (a) remises, releases and forever discharges, and (b) agrees to indemnify and save harmless, the Town, its officers and employees and their respective heirs, executors, administrators, successors and assigns, of and from all actions, causes of action, accounts, claims, debts, damages, demands, and costs associated therewith, arising, to arise or which may hereafter be brought against them, or any of them, by or on behalf of the Owner, or any other person, because of the provisions of this section or any error, omission, failure or negligence in the application thereof. 0 ~0 © U