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HomeMy WebLinkAboutBy-law 1654/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1654/83 Being a by-law to authorize the execution of a Subdivision Agreement between Runny- mede Development Corporation Limited and the Corporation of the Town of Pickering respecting Part Lot 25, Concession 1; Lots 1 and 2, Plan 489; Block A, Plan M-1037, Picketing (Draft Plan 18T-80034) WHEREAS Runnymede Development Corporation Limited proposes register a plan of subdivision of Part Lot 25, Concession 1; Lots and Block A, Plan M-1037, Picketing; and to subdivide and 1 and 2, Plan 489; WHEREAS that proposal has been approved by the Council of the Corporation of the Town of Picketing and the Minister of Municipal Affairs and Housing, subject to several conditions, one of which requires the entering into of a satisfactory Subdivi- sion Agreement between Runnymede Development Corporation Limited and the Corpor- ation of the Town of Picketing; NOW THEREFORE, the Council of the Corporation of the Town of Piekering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Subdivision Agree- ment, in the form attached hereto as Schedule "A", between Runnymede Devel- opment Corporation Limited and the Corporation of the Town of Pickering respecting the subdivision of Part Lot 25, Concession 1; Lots 1 and 2, Plan 489; and Block A, Plan M-1037, Pickering (Draft Plan 18T-80034). BY-LAW read a first, second and third time and finally passed this 18~ch day of April, 1983. tyor · SCHEDULE A to ~-law 1654/83 THIS AGREEMENT made in triplicate this day of , 1983. BETWEEN: RUNNYMEDE DEVELOPMENT CORPORATION LIMITED 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 GREAT-WEST LIFE ASSURANCE COMPANY hereinafter called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part of Lot 25, Concession l, Lots 1 and 2, Plan 489 and Block A, Plan M-1037~ in the Town of Pickering in the Regional Munici- pality of Durham, and with the consent of the Encumbrancer, to register a plan of subdivision of those lands, as shown on a draft plan of subdivision prepared by John Douglas Carter Ltd., Ontario Land Surveyors, and designated as Draft Plan Number 18T-80034; and WHEREAS, the Encumbrancer has certain rights or interests in the nature of encum- brances relating to the lands affected hereby; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approv- ing the 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 ofp FIRSTLY., that part of Lot 25, Concession l, designated as Part 1 on a plan of survey deposited in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Plan 40R-5687, SECONDLY, all of Lots 1 and 2, according to Plan 489 registered in the Land Registry Office for the Registry Division of Durham and designated as Part 1 on a plan of survey 'deposited in the Land Registry Office for the Land Titles Division of Durham at Whitb~ as Plan 40R-6021, THIRDLY, all of Block "A" as shown on a plan of subdivision, registered in the [~n~--~e-gistry Office for the Land Titles Division of Durham (No. 40) as Plan M-1037, FOURTHLY, all of Block "F" (l' reserve) as shown on a plan of subdivision, reg- istered in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Plan M-1037. - 3- 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 necessary engineering and 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 including 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 subdi- vision, the Owner may be required to carry out such works as are necessary to provide adequate outlets. (4) The Town may connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the sewer system by the Town. (5) No connection under subsection 4, above, shall be undertaken or authorized prior to preliminary acceptance of the sewer system by the Town except in an emergency. 5. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the relevant municipal ser- vices provided for herein, the Owner agrees to rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdivision. (2) The Owner further agrees to keep all boulevards clear and free of mater- ials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. -4- PART 2 - SERVICES (Cont'd) 6. ROADS- PAVED 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 and to reconstruct to the same specifications all of, (a) Dixie Road, between the easterly extension of the northerly boundary of Block 3-4 and the new alignment of Dixie Road adjacent to Block 77-1; and (b) existing Dunbarton Road between the south-east angle of Lot 38-1 and the south-west angle of the plan, and to construct a permanent turning circle adjacent to Lots 38-1, 39-1 and 40-1. (2) The Owner further agrees to reconstruct Dixie Road, between Finch Avenue and the easterly extension of the northerly boundary of Block 3-4, accord- ing to the specifications for surface-treated subdivision-abutting roads of the Town in effect at the date hereof. (3) The specifications for boulevard grading and sodding shall apply to all existing roads adjacent to the plan of subdivision. (4) The Owner covenants and agrees that, until assumption by the Town, it will maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of dust, refuse, rubbish or other litter of all types. (5) 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. (6) 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 on the roads to be construc- ted or reconstructed pursuant to section 6, above, according to the speci- fications of the Town in effect at the date hereof and to maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the said specifica- tions. SIDEWALKS The Owner agrees to construct a sidewalk, (a) on the south side of Finch Avenue; (b) on both sides of Dixie Road between Kingston Road and Glenanna Road; (c) on the west side of Dixie Road, PART 2 - SERVICES (Cont'd) 8. SIDEWALKS (Cont'd) (i) between Glenanna Road and the north-east corner of Block 3-4, and (ii) between the north-east corner of Block 3-4 and Finch Avenue; (d) on the north side of the northerly east-west portion, the east side of the easterly north-south portion, the west side of the westerly north-south portion, and the south side of the southerly east-west portion of Silver- thorn Square; (e) on the south side of the northerly east-west portion, the east side of the north-south portion and the north side of the southerly east-west portion of Honeywood Crescent; (f) on the east side of Deerbrook Drive; (g) on both sides of Glenanna Road and of Rambleberry Avenue; (h) on the east side of the north-south portions and the north side of the east-west portion of Rawlings Drive; (i) on the north side of the northerly east-west portion, the west side of the north-south portion and the south side of the southerly east-west portion of Rowntree Crescent; (J) on the south side of the northerly east-west portion, the east side of the north-south portion and the north side of the southerly east-west portion of Rathmore Crescent; (k) on the east side of Falconcrest Drive; (1) on the south side of the northerly east-west portion, the west side of the north-south portion and the north side of the southerly east-west portion of Meadowridge Crescent; (m) on that side of new Dunbarton Road adjacent to Lots 31-1 to 37-1, inclusive and Lot 44-1; and (n) on the north side of Cloudberry Court (existing Dunbarton Road) adjacent to Lots 38-1 to 44-1, inclusive and Lot 45-1; as illustrated on the sketch attached hereto as Schedule "E", 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. 9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING (1) (2) (3) (4) Underground electric distribution shall be provided for all residential, parkland and commercial lots and blocks within the plan of subdivision according to the standards and specifications of Pickering Hydro-Electric Cmmission. Cable television services shall be provided for all residential, parkland and commercial 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 and pedestrian walkways on the plan, and all boundary roads. The lighting shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Munici- pal Electrical Utilities Guide to Municipal Standard Construction. PART 2 - SERVICES (Cont'd) 9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE & STREET LIGHTING (Cont'd) (5) The installation of all works provided for in this section shall be con- structed under the supervision and inspection of Pickering Hydro-Electric Co~nission and Pickering Cable T.V. Limited, as the case may be. 10. INSPECTION OF WORK (1) All works required to be constructed by the Owner, except those referred to in section 9, above, shall be installed under the observation of Inspec- tors 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), above, may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. ll. 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. (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. PERFORMANCE & MAINTENANCE GUARANTEE Before conmencing any of the work provided for herein, the Owner shall supply the Town with a 100% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works to guarantee the workmanship and materials for a period of two (2) years from the date that the said works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, from time to time, 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 services for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the mnount 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 mainten- ance 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. (4) Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection l, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. PART 2 - SERVICES (Cont'd) 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. (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 Metropol- itan Toronto and Region Conservation Authority. (3) The grading of all lands shall be carried out by the Owner in accordance with the Grading Control Plan, under the supervision of the Owner's Consul- ting 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 neces- sary to correct such problems. (5) The Owner agrees to sod the front, side and rear yards of each of the residential and conlnercial lots and blocks except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 14. INCOMPLETED OR FAULTY WORK (l) 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 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 forth- with notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) It ~s 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 inconven- ience 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 indi- cated in Column I of the following Table to the respective authority named in Column II of the Table: Table Column I Column II Draft Plan Designation Street A (Silverthorn Square - Part) The Corporation of the Town of Pickering Street B (Silverthorn Square - Part) The Corporation of the Town of Pickering Street C (Deerbrook Drive) The Corporation of the Town of Pickering Street D (Honeywood Crescent) The Corporation of the Town of Pickering Street E (Rawlings Drive) The Corporation of the Town of Pickering Street F (Rowntree Crescent) The Corporation of the Town of Pickering Street G (Rathmore Crescent) The Corporation of the Town of Pickering Street H (Rambleberry Avenue) The Corporation of the Town of Pickering Street I (Falconcrest Drive) The Corporation of the Town of Pickerlng Street J (Meadowridge Crescent) The Corporation of the Town of Pickering Street K (Dunbarton Road) The Corporation of the Town of Pickering Street adjacent to Block 77-1 (New Dixie Road) The Corporation of the Town of Pickerlng Street between Block 134-~ and Dixie Road (Glenanna Road) The Corporation of the Town of Picker~ng 16. TRANSFERS - CONVEYANCES (1) 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 registration of the final 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 Bloc ks 2-4 and 133-2 The Corporation of the Town (Open Space & Walkway) of Pickering PART 2 - SERVICES (Cont'd) 16. TRANSFERS - CONVEYANCES (Cont'd) Table (Cont'd) Column I Column II Blocks 79-1 and 85-1 (Reserves - Rambleberry Avenue) The Corporation of the Town of Pickering Blocks 134-2 and 137-2 (Reserves - Glenanna Road) The Corporation of the Town of Pickering Block 138-2 (Reserve - Rawlings Drive) The Corporation of the Town of Pickering Blocks 118-3 and 119o3 (Reserve - Silverthorn Square; Deerbrook Drive) The Corporatibn of the Town of Pickering Blocks 83-1 and 84-1 (Reserves - Kingston Road) Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation & Communications Blocks 80-1, 81-1, 82-1, 135-2, 136-2, 116-3 & 117-3 (Reserves - Dixie Road) The Corporation of the Town of Pickering Block 4-4 (Reserve - Finch Avenue) The Regional Municipality of Durham (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. 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 bound- aries 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 shall not con~ence 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 Streets A & B Table Column II Silverthorn Square PART 2 - SERVICES (Cont'd) 18. STREET NAMING (Cont'd) Column I Street C Street D Street E Street F Street G Street H Street I Street J Street K Street between Block 134-2 & Dixie Road Street adjacent to Block 77-1 Table (Cont'd) Column II Deerbrook Drive Honeywood Crescent Rawlings Drive Rowntree Crescent Rathmore Crescent Rambleberry Avenue Falconcrest Drive Meadowridge Crescent Dunbarton Road Glenanna Road Dixie Road 19. SERVICE CAPACITY This Agreement shall be subject to the Owner entering into satisfactory arrange- ments with the Town and the Regional Municipality of Durham with respect to the allocation of sewage treatment plant capacity and water capacity for the develop- ment. 20. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: 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 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 the actual construction of roads in the plan of subdivision without the written consent of the authority respon- sible 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 subclause (i), above. - ll- PART 2 - SERVICES (Cont'd) 20. GENERAL PROVISIONS - SERVICES (Cont'd) (c) Public Lands - Fill & Debris (Cont'd) (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 develop- ment 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 thirty (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 thirty (30) days of the account for same being rendered by the Town. (ii) Similarly to pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (g) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (h) Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designated by the Director of Public Works. (i) 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 designated by the Director of Public Works. (j) ~ineering 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 Plpwing~&SandinQ 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 avail- able. (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. -12- PART 2 - SERVICES (Cont'd) 20. GENERAL PROVISIONS - SERVICES (Cont'd) (1) Surve~Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a state- ment by an Ontario Land Surveyor that, after the completion of the subdi- vision work, he has found all standard iron bars as shown on the regis- tered 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. PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS 21. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) 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 available, and in the opinion of the Director of Public Works, capable of providing adequate service. The Owner further agrees that no building or part of a building 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 operation to ade-. quately 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 further covenants and agrees to maintain vehicular access to all occupied buildings in the plan of subdivision, until the roads are formally assumed by the Town, and further agrees to obtain similar covenants from any subsequent owner of any of the lands in the said plan. 22. TIME LIMIT FOR CONSTRUCTION (1) The Owner agrees to construct or cause to be constructed, in the plan, four hundred and thirty-two (432) housing units, all of which shall be completed within two (2) years of the date of registration of the plan. (2) In the event that more or less than four hundred and thirty-two (432) housing units are to be constructed in the plan, an amendment to this Agreement shall be required. 23. DESIGN PLANNING (1) (a) 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 subdivi- sion, which approval shall not be unreasonably withheld. PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) 23. DESIGN PLANNING (Cont'd) (b) This report may be required, at the Director's option, to provide the following information: (i) house massing; (ii) streetscape; (iii) exterior materials and colours; (iv) architectural style; (v) visual variety; (vi) energy conservation measures; and (vii) any other data or information required. (2) (a) 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, which approval shall not be unreasonably withheld. (b) These plans and drawings may be required, at the Director's option, to provide the following information: (i) (ii) (iii} (iv) (v) (vi) 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 preserved; streetscape for front and rear elevation at a scale acceptable to the Director; streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information required. 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 per unit, 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. 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 $648,000 as security for: 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 outstand- ing 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) 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 documenta- tion, including transfers, in the Land Titles Office. PART 4 - FINANCIAL 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 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 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 Agree- ment, 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 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. 28. TERMINATION OF LEVY/OCCUPANCY SECURITY (1) The security required to be deposited with the Town pursuant to the provi- sions of section 25, above, may only be terminated or cancelled by the Owner after the Municipal Occupancy Permit for the last residential build- ing or part thereof to be constructed in the plan has been issued by the Town. (2) Notwithstanding the provisions of subsection l, the Owner may, from time to time, apply to the Town Treasurer for a reduction in the amount of the security referred to in subsection 1, as Municipal Occupancy Permits are issued. 29. PROVISION OF PARKLAND (1) The Parties acknowledge that, in the conveyance of parkland for the Owner's Glendale Subdivision, registered as Plans M-1037, M-1038 and M-1039, the ~,~ner provided 0.6515 hectares (1.61 acres) in excess of that required, which excess stood to the Owner's credit For Future parkland requirements. (2) The Parties further acknowledge that 0.1983 hectares (0.49 acres) of that 0.6515 hectare credit constituted the parkland requirement for the Owner's Bronte Square Subdivision, registered as Plan M-1153. (3) The Parties further acknowledge that 0.1578 hectares (0.39 acres) of that 0.6515 hectare credit constituted the parkland requirement for the Owner's Pine Creek Subdivision, registered as Plan M-1176. (4) The remaining 0:2954 hectares (0.73 acres) of that 0.6515 hectare credit standing to the Owner's credit shall constitute a portion of the parkland requirement For I;he plan affected by this Agreement, and the Town agrees to ac~,,pt same in partial satisfaction of the Owner's obligation to convey parkl~i~d [o tile Town. (5) The Owner shall convey to the Town, within thirty (30) days following the registration of this plan, all of Block 3-4, comprising 2.21 hectares, Free and clear of all encumbrances, and the Town agrees to accept same in partial satisfaction of the Owner's obligation to convey parkland to the To~). (6) Upon the registration of the conveyance of the block referred to in subsection (5), above, the Owner shall haw~ f, lly satisfied its obligation to convey parkland to the Town. (7) The Torch acknowledges that in making the conveyance referred to in subsec- tion (5), above, the Owner is providing 0.3639 hectares in excess of the parkland required, and the Parties agree that such excess shall stand to the Oyster's credit for future parkland requirements. 30. FENCING (l) The Ov~er shall erect, upon the completion of final lot grading and seed- ing or sodding the lands in the subdivision, a peri, anent fence of nine (9) gauge, galvanized steel link fencing, having 0.05 metre mesh, 1.8 metres high, (a) along the westerly boundary of Dixie Road, (ii between the south-east corner of Block 3-4 and a point in that boundary adjacent to the south-east corner of the nearest dwelling unit to be erected on Lot 19-3; (ii) bei:ween a i)o'in~ in that boundary adjacent to the north-east coiner ~,f the near~:l '~vnlling unit to be erected on lot 20-.3 and a poi~t in that :., ~n,lary adjacent to !he south-east corner of the nearest dwellinj unit to be erected on Lot 4-2; (iii) between a point in that boundary adjacent to the north-east corner of the nearest dwelling unit to be erected on Lot 5-2 and a point in that boundary adjacent to the south-east corner of the nearest dwelling unit to be erected on Lot 6-1; (iv) between a point in that boundary adjacent to the north-east co~'ner nf the nearest dwelling unit to be erected on Lot 7-1 md a ~;oin~ 'n that boundary adjacent to the south-east corner of ~be m>n ~ ~ dwelli~g unit to be erected on Lot 30-1; PART 5 - PARKS & TREES (Cont'd) 30. FENCING (3) (Cont'd) (v) between a point in that boundary adjacent to the north-east corner of the nearest dwelling unit to be erected on Lot 31-1 and the southerly boundary of the plan; (b) along the northerly and southerly boundaries of Block 133-2; and (c) along the boundary of Block 3-4 adjacent to Block 2-4 and adjacent to Lot 97-3 and Lots 1-3 to 8-3, inclusive; as illustrated on the sketch attached hereto as Schedule "F". The fencing required to be constructed pursuant to subsection (1), above, shall be constructed so as to meet or exceed the requirements for swimming pool enclosures as set out in Part II of the Town's By-Law 425/76, as amended from time to time, or any successor thereto. The Owner shall further erect, at the time the fencing referred to in subsection (1) is erected, vehicle barriers on Block 133-2 and at the easterly end of Block 3-4, to be constructed in accordance with specifica- tions therefor and to the satisfaction of the Director of Public Works. 31. DRAINAGE ONTO OPEN SPACE/PARKLAND (1) The Owner shall ensure that the lands within the subdivision do not drain surface run-off water onto Town owned parkland, open space or walkways. (2) Where this is not possible, the Owner shall install wi thin 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 walk- ways from the lands within the subdivision. 32. LANDSCAPE PLANNING (1) The Owner agrees that prior to the issuance of building permits 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 33. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, trees of a size, number 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) A list of acceptable tree species and sizes will be provided. (4) 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 one (1) tree per residential unit in the subdivision. PART 5 - PARKS & TREES (Cont'd) 33. TREE PLANTING (Cont'd) (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 sha)l 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 Preservation Program, the Director shall be governed by the Tom Tree Preservation Guidelines in effect as at the date hereof. - 20- PART 6 - GENERAL PROVISIONS 35. LICENCE TO ENTER The Owner agrees with the Town to retain a licence from any subsequent 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 complete plan of subdivision is not registered on or before December 31st, lO89, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void with respect to any unregis- tered portion of the plan. 37. 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. 38. ENCUMBRANCER The Encumbrancer agrees with the Town that this Agreement shall have priority over and take precedence over any of its rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. 39. INTERPRETATION (1) Whenever in this Agreement reference is made to any specific lot or block by number, and such reference contains a hyphen (e.g. Block 277-2), the number preceding the hyphen shall refer to the lot or block designation and the number following the hyphen shall refer to the phase number. (2) Whenever in this Agreement the word "Owner" and the pronoun "it" is used, it 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", "D", "E", "F", "G" and "H" attached hereto shall form part of this Agreement. 40. TIME Time shall be of the essence of this Agreement. 41. 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. - 21 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 in that behalf fully authorized. SIGNED, SEALED & DELIVERED RUNNYMEDE DEVELOPMENT CORPORATION LIMITED Per: Per: THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk THE GREAT-WEST LIFE ASSURANCE COMPANY Per: Per: SCHEDULE "A" 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (2) Save as herein otherwise provided, the Owner agrees to complete the works required under this Agreement within the time limits specified in the Table set out below and to guarantee the workmanship and materials for a period of two (2) years from the date that the said works are approved in writing by the Director of Public Works, the Director of Parks and Recrea- tion, or the Director of Planning, as the case may be. Any works other than that specifically provided for in the Table shall completed within the time limit provided for therein for aboveground services. be Table Works Time Limit For Completion (a) Underground Services Two years from the date of the registration of the final plan of subdivision (b) Aboveground Services Two years from the date of the registration of the final plan of subdivision 2. TEMPORARY TURNING CIRCLES (1) Notwithstanding the provisions of sections 6, 7 and 8 of this Agreement, the Owner shall construct, at its sole expense and to the Town's specifica- tions, a temporary turning circle, (a) on Glenanna Road immediately east of Block 134~2; (b) on Rambleberry Avenue immediately east of Block 79-1; (c) on Rawlings Drive immediately north of Block 138-2; and (d) on Deerbrook Drive immediately north of Block 119-3. (2) Further, the Owner shall remove, at its sole expense and to the Town's specifications, any temporary turning circle located immediately adjacent to the plan on a public highway to be extended by the Owner into the plan, and shall replace any such circle with permanent services as if the high- way were a road in the plan. (3) As the temporary turning circles referred to in clauses (c) and (d) of subsection (1), above, will be required only if the development of the phases herein proceeds other than in numerical order, the Director of Public Works may waive the construction of either or both of them, at his discretion. 3. DEMOLITION OF EXISTING BUILDINGS All structures on the lands comprising the plan of subdivision shall be dem- olished by the Owner, at its sole expense, prior to the issuance of any build- ing permit. WALKWAY TREATMENT The Owner agrees to construct a walkway along Block 133-2 and extending from the sidewalk on Rowntree Crescent to the westerly boundary of the plan, accord- SCHEDULE "A" (Cont'd) WALKWAY TREATMENT (Cont'd) ing to the specifications of the Town and to maintain such walkway until formally accepted by the Town. it is 5. FUTURE DEVELOPMENT BLOCKS (1) The Owner hereby agrees that Blocks 77-1 and 78-1 shall be held for future residential development and that 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 said blocks are developed by the Owner, it shall keep and maintain same in a clean and orderly fashion, and to the satisfac- tion of the Town ..... ~ 6. NOISE ATTENUATION MEASURES Prior to the final acceptance by the Town of the works in the subdivision, the Owner's consulting engineer shall provide to the Town, and to the Ministry of the Environment, his engineering certificate certifying that all intended noise attenuation measures required to be carried out pursuant to the provisions of the report prepared by M.M. Dillon Ltd., dated February, 1982, as amended by letter dated April 6th, 1982, being the report referred to in section 3 of Schedule "C" to this Agreement, have been carried out in accordance with those provisions. 7. ROAD CLOSINGS - DIXIE ROAD & DUNBARTON ROAD (1) (2) (3) In~nediately following registration of the plan, the Owner shall prepare, at its expense, and, following the approval thereof by the Director of Public Works, shall register, at its expense, reference plans of, (a) the southerly 200 metres more or less of Dixie Road; and (b) the easterly 200 metres more or less of existing Dunbarton Road, so that the Town may effect such road dedications, road closings and transfers as it deems appropriate, or the Ministry of Transportation and Communications may require. The Town agrees that any conveyance of a closed portion of Dixie Road, made to any abutting owner, shall be at no cost to the recipient, save and except legal, survey and registration fees. Upon the closing of any of the portions of Dixie Road or Dunbarton Road referred to in subsection (1), the Owner shall, at its sole expense, install at the boundary of such closings, such curbs, boulevards, side- walks, vehicle barriers and fences as the Town's Director of Public Works shall deem appropriate in the circumstances; such installations shall be to the Town's specifications in effect at the date hereof. CASH-IN-LIEU OF SERVICES - EXEMPTION (1) In the event that the Owner is of the opinion that compliance with, (a) section 6(2) (reconstruction of northerly portion of Dixie Road), (b) section 8(a) (construction of Finch Avenue sidewalk), and (c) section 8(c)(ii) (construction of northerly portion of sidewalk on west side of Dixie Road), SCHEDULE "A" (Cont'd) 8. CASH-IN-LIEU OF SERVICES - EXEMPTION (Cont'd) of this Agreement, is not possible or practical in the circumstances, then the Owner may apply, in writing, to the Town's Director of Public Works for an exemption from the provisions of those sections. (2) An application for an exemption under subsection (1) must be made prior to the issuance of any building permit for any lot in the plan. (3) Upon receipt of an application for an exemption under subsection (1), the Town's Director of Public Works shall review the possibility of any prac- ticality of compliance as required, and may exempt the Owner as requested; the Director's decision shall be communicated to the Owner in writing and shall be final. (4) No exemption under subsection (3) shall be valid unless the Owner pays to the Town within fifteen (15) days of the da'te of the exemption, the sum of - $ 73,800 , being the estimated cost of the installation or construction of the services from which the Owner is exempted. (5) No building permit shall be issued by the Town after an application for exemption has been received by it, unless (a) the sum required to be paid under subsection (4) is paid; (b) the application is withdrawn; or (c) the application is refused. 9. DEEMED COMPLIANCE ON EXEMPTION Upon the payment of the sum required to be paid under section 8(4), following the granting of an exemption under section 8(3), the Owner shall, (a) be relieved of compliance with the provisions of the sections referred to in section 8(1) of this Schedule and any other provisions relating thereto; and have the right to apply to the Town Treasurer under section ll of this Agreement for a reduction in the security held by the Town as a perform- ance and maintenance guarantee, as if the Owner had satisfactorily com- pleted the installation or construction of the services from which the Owner is exempted. 10. CHURCH LOTS (1) The Owner hereby agrees that Lots 45-1 to 51-1 shall be held for future church development and that 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 a Development Agreement to be entered into. (2) In the event that those lots are to be developed as residential lots, an amendment to this Agreement shall be required. (3) Until such time as the said lots are developed by the owner, it shall keep and maintain same in a clean and orderly fashion, and to the satis- faction of the Town. 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 40,132.8 square metres,or (b) commercial buildings having a total floor area of not less than 25,747.2 square metres, or (c) a combination of industrial buildings and corrlnercial buildings having a total floor area such that, for each of the 432 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, and the Owner shall be entitled thereby t'o 432 credits upon which the same number of residential building unit permits may be issued. (2) The required industrial or commercial buildings shall be completed accord- ing to the following time limits: (a) on or before December 31st, 1987, sufficient industrial buildings, con~ercial buildings, or a combination thereof, to provide 132 residen- tial building unit credits; (b) on or before December 31st, 1989, sufficient industrial buildings, commercial buildings, or a combination thereof, to provide a fdrther 185 residential building unit credits; and (c) on or before December 31st, 1991, sufficient industrial buildings, commercial buildings, or a combination thereof, to provide the balance of the 432 residential building unit credits referred to in subsection (1), above. (3) If, on the 1st day of January in any year from, after and including 1988 the required industrial or con~ercial buildings have not been constructed, then commencing in 1988, the Owner shall pay annually to the Town on the 15th day of January in each year, liuqidated damages in the amount of $350 for every existing residential unit, or part thereof, for which a residen- tial 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 construction of industrial buildings, commercial buildings, or a combination thereof, the per unit requirements set out in clause (c) of subsection (1), above, shall be used. (5) The Owner shall leave deposited with the Town, its performance security in the amount of $756,000 to guarantee the satisfactory completion of the required industrial or commercial buildings on or before the dates set out in subsection (2), above, and to secure the payment of any liquidated damages that may become payable under subsection (3), above. (6) (7) The Parties hereby acknowledge that the requirements set out in subsection (1), above, do not relate to the credits necessary to effect the residen- tial development of Lots 45-1 to 51-1, inclusive, or of Blocks 77-1 and 78-1; should the ultimate development of those blocks be.residential, further credits may, at the Town's option, be required. As industrial or commercial buildings are constructed pursuant to this section, the Owner may apply to the Town for a reduction or reductions in the amount of any performance security deposited with the Town pursuant to the provisions of subsection (5), above, and the Town may, in its discretion, approve any such reduction and the amount thereof or not approve it. SCHEDULE "B" (Cont'd) 2. INDUSTRIAL COMPONENT - PLANS M-1153 & M-1176 The Owner shall construct within the Town of Pickering industrial build- ings having a total floor area of not less than 8,268.] square metres, so that, for each of the residential units constructed in Plans M-1153 and M-1176, there shall be 92.9 square metres of industrial buildings con- structed, and the Owner shall earn thereby the 89 credits upon which the residential building unit permits in Plans M-1153 and M-1176 were issued. (2) The required industrial buildings shall be completed on or before December 31st, 1987. (3) If, on the 1st day of January in any year from, after and including 1988, the required industrial buildings have not been constructed, then commencing in 1988, 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 construction of industrial buildings, the per unit requirements set out in subsection (1), above, shall be used. (5) The Owner shall leave deposited with the Town, its performance security in the amount of $130,000 to guarantee the satisfactory completion of the required industrial buildings on or before the date set out in subsection (2), above, and to secure the payment of any liquidated damages that may become payable under subsection (3), above. (6) The Parties hereby acknowledge that the requirements set out in this section, (a) do not relate to the credits necessary to effect the residential development of the plan affected by this Agreement. (b) are requirements that the Owner has previously agreed to comply with in conjuction with the development of Plans M-1153 and M-1176, and (c) are set out herein at the request of, and for the convenience of, the Owner. SCHEDULE 1. SPECIAL PROVISIONS REQUIRED BY OTHER AGENCIES The sections set out in this Schedule represent provisions not affecting the Tovm but required to be inserted in this Agreement by other agencies; these sections are not intended to bind the Ower 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. 2. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") - ENGINEERING & DRAINAGE REPORT The Owner shall, (a) prior to initiation of grading and final approval of the plan, submit to M.T.'R.C.A. for review and approval, (i) a detailed engineering and Drainage Report, describing, the storm water management techniques which may be required to minimize the amount of storm water ~irected into Pine Creek and its tributaries; and the proposed methods for controlling or minimizing erosion and siltation on the site and/or in downstream areas during and after construction; (ii) plans for the treatment of the small tributaries affecting the site; and (b) (iii) overall grading plans for the subject lands; carry out, or cause to be carried ~ut, the recommendations referred to in the Report required in (a)(i); (c) prior to the initiation of any grading or construction on the site, erect a temporary snow fence or other suitable barrier along the rear lot lines of Lots 6-3, 7-3 and 8-3 and along the boundary between Blocks 2-4 and 1-4, which barrier shall remain in place until all grading and construc- tion on the site are completed; (d) prior to the issuance of building permits or the signing of Site Plan Agreements by the municipality, to submit individual lot, site and grading plans to M.T.R.C.A. for its review and approval for Lots 6-3, 7-3, 8-3 and 9-3 and for Blocks 1-4 and 2-4; and (e) not place fill, grade, construct any buildings or structures or interfere with the channel of the watercourse within Block 2-4 without prior written approvals being received from M.T.R.C.A. o MINISTRY OF THE ENVIRONMENT ["M.O.E.") - NOISE ATTENUATION The Owner shall, prior to final approval of the plan, prepare a noise report providing for intended noise attenuation measures to the satisfaction of M.O.E. SCHEDULE "D" 1. PLAN REGISTRATION PHASING (1) (2) (3) (4) It is acknowledged and agreed that the Owner shall register the plan of subdivision in four (4) phases, as shown on Map I, attached hereto. This Agreement shall be registered on title to all the lands in the plan prior to the registration of any phase of the plan. (a) One phase of the plan shall be registered on or before December 31st, 1983. (b) A second phase of the plan shall be registered on or before December 31st, 1985. (c) A third phase of the plan shall be registered on or before December 31st, 1987. (d) A fourth phase of the plan shall be registered on or before December 31st, 1989. The provisions of the sections set out in the following Table shall be applicable to all Phases but shall only take effect with respect to any Phase upon the registration of the plan for that Phase. Table Sections 4, 5, 6, 7, 8, 9, 12, 13, 15, 16, 18, 20, 23, 24, 28, 30, 32 and 33 Schedule "A" - Sections l, 2, 3, 4, 6 and l0 The provisions of section 22 shall be applicable to all Phases but shall take effect so as to require the housing units to be completed as follows: (a) one hundred and thirty-two (132) units within two (2) years of the date of registration of the southerly residential phase; (b) a further one hundred and eighty-five (185) units within two (2) years of the date of registration of the middle residential phase; and (c) a further one hundred and fifteen (115) units within two (2) years of the date of registration of the northerly residential phase. (6) The provisions of section 25 shall be applicable to all Phases but shall take effect so as to require the security to be provided as set out below: (7) (a) $198,000 prior to the registration of the southerly residential phase; $277,500 prior to the registration of the middle residential phase; and (c) $172,500 prior to the registration of the northerly residential phase. The provisions of Schedule "B", section 1 shall be applicable to all Phases but shall take effect so as to require the security referred to in subsection 5, thereof, to be provided as set out below: (a) $231,000 prior to the registration of the southerly residential phase; (b) $323,750 prior to the registration of the middle residential phase; and SCHEDULE "D" (Cont'd) 1. PLAN REGISTRATION PHASING (Cont'd) (c) $201,250 prior to the registration of the northerly residential phase. (8) The provisions of the sections set out in the following Table shall be applicable to all Phases and shall take effect upon the registration of this Agreement, subject to the provisions of subsections (5), (6) and (7) of this section. Table Sections l, 2, 3, 10, ll, 14, 17, 19, 21, 22, 25, 26, 27, 29, 31, 34, 35, 36, 37, 38, 39, 40 and 41 Schedule "N' - Sections 5, 7, 8 and 9 Schedule "B" - Section 1 Schedule "C" - Sections l, 2 and 3 Schedule "D" - Sections 1 and 2, Maps I and II Schedule "G" - Section 1 Schedule "H" - Section 1 2. CONSTRUCTION STAGING - DIXIE ROAD In this section, the term "works" means all those works and services required to be installed or constructed by the Owner pursuant to this Agreement on new Dixie Road and Dixie Road between Kingston Road and the northerly boundary of Block 3-4. (2) The Owner may install or construct the Dixie Road works in up to four (4) Construction Stages, as shown on Map II, attached hereto, in accordance with this section. (3) If the residential phases of the plan are registered southerly first, middle second and northerly third, then, (a) Construction Stage A shall be completed in accordance with the time limits applicable to the southerly residential phase; (b) Construction Stage B shall be completed in accordance with the time limits applicable to the middle residential phase; and (c) Construction Stage C shall be completed in accordance with the time limits applicable to the northerly residential phase. (4) If the residential phases of the plan are registered southerly first, northerly second and middle third, then, (a) Construction Stage A shall be completed in accordance with the time limits applicable to the southerly residential phase, and (b) Construction Stages B and C shall be completed in accordance with the time limits applicable to the northerly residential phase. (5) If the middle residential phase is registered first, regardless of the order of the registration of the other residential phases, SCHEDULE "D'l (Cont'd) 2. CONSTRUCTION STAGING - DIXIE ROAD (Cont'd) (a) Construction Stages A and B shall be completed in accordance with the time limits applicable to the middle residential phase, and (b) Construction Stage C shall be completed in accordance with the time limits applicable to the northerly residential phase. (6) If the northerly residential phase is registered first, regardless of the order of the registration of the other residential phases, Construction Stages A, B and C shall be completed in accordance with the time limits applicable to the northerly residential phase. (7) Construction Stage D shall be completed, where the Owner is required to complete it, in accordance with the time limits applicable to the northerly residential phase unless, prior to the registration of that phase, a site plan is approVed, conditionally or unconditionally, for the development of Block 1-4, in which case Construction Stage D shall be ~ompleted within two (2) years of the date of such approval. SCHEDULE "D" Map I ?/0 Al 0 J SCHEDULE Map II ?/d'/V SCHEDULE "E" SCHEDULE "F" SCHEDULE "G" 1. FUTURE CONTRIBUTIONS TO SHARED SERVICE COSTS Within sixty (60) days of the acknowledgement, by the Town's Director of Public Works, of the completion of, (a) storm sewers, as provided for in section 4 of this Agreement; (b) roads, as provided for in sections 5 and 6 of this Agreement; (c) curbs and gutters, as provided for in section 7 of this Agreement; (d) sidewalks, as provided for in section 8 of this Agreement; and (e) street lighting, as provided for in section 9 of this Agreement; the Owner's consulting engineer shall provide to the Town, in a form satisfactory to the Town, a detailed summary of the actual cost, to the Owner, of the storm sewers, roads, curbs and gutters, sidewalks and street lighting. (2) Within thirty (30) days of the receipt by the Town of the summary referred to in subsection (1), 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, if any, outside the plan of subdivision that the said works shall be deemed to benefit (the "benefitting lands") for the purposes of this section and the conditions, if any, under which such lands shall continue to be benefitting lands; (b) the portion of the Owner's actual cost, referred to in subsection (1), that the Town shall deem to be applicable to the benefitting lands (the "shared cost") for the purposes of this section; and (c) the method or methods that shall be employed to pro-rate the shared cost to the benefitting lands, and that determination shall be final. (3) In the event that the benefitting lands, or any part thereof, are to be developed by plan of subdivision, plan of condominium or any other method requiring a Development Agreement, then the Town shall 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 shared cost, (a) calculated according to the method or methods referred to in subsec- tion (2), and (b) adjusted annually, for a maximum of five (5) years from the date of notification referred to in subsection (2), according to the Southam Construction Cost Index for Ontario, composite portion. (4) In consideration of the Town approving the plan of subdivision and enter- ing into this Agreement with this section included, the Owner hereby, (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, accodnts, 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. SCHEDULE "G" (Cont'd) 2. PRELIMINARY ESTIMATES (1) Notwithstanding the provisions of subsection l(1) of this Schedule, the summary referred to therein may be provided to the Town in the form of preliminary estimates prior to the completion of the works in question, but, if such preliminary estimates are provided, a detailed sun~ary of actual cost must be provided in accordance with subsection l(1) or the Town's obligations under this Schedule shall cease. The provisions of subsections 1(2), 1(3) and 1(4) shall apply to all pre- liminary estimates provided, mutatis mutandis, but all determinations resulting therefrom shall be subject to confirmation or adjustment, at the Town Manager's sole discretion, upon the Owner's consulting engineer providing to the Town the detailed summary of actual cost in accordance with section l(1). SCHEDULE "H" 1. FUTURE CONTRIBUTIONS TO OVERSIZING COSTS (1) In the event that the storm drainage system required by the Town to be constructed by the Owner pursuant to the provisions of section 4 of this Agreement is to be of a larger capacity, in whole or in part, than neces- sary to service all the lands in the plan of subdivision, then the provi- sions 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 Agree- ment, the Owner's consulting engineer shall provide to the Town, in a form satisfactory to the Town, (a) 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 sunmary 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 (2), that the Town shall deem to for the purposes of this section cost, referred to in subsection be applicable to the external lands (the "oversizing cost"); and (¢) the amount of the oversizing cost applicable to each hectare of the oversizing cost"), that the Town shall deem to be external lands (the "per hectare and that determination shall be final (4) In the event that the external lands, or any part thereof, are to be developed by plan of subdivision, plan of condominium or any other method requiring a development agreement, then the Town shall 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 develop- ment of the external lands to be developed and the per hectare over- sizing 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 portion. (5) In consideration of the Town approving the plan of subdivision and enter- ing into this Agreement with this section included, the Owner hereby, (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 SCHEDULE "H" (Cont'd) FUTURE CONTRIBUTIONS TO OVERSIZING COSTS (Cont'd) 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. 2. PRELIMINARY ESTIMATES (1) Notwithstanding the provisions of subsection l(2)(a) of this Schedule, the summary referred to therein may be provided to the Town in the form of pre- liminary estimates prior to the completion of the works in question, but, if such preliminary estimates are provided, a detailed summary of actual cost must be provided in accordance with subsection l(2)(a) or the Town's obligations under this Schedule shall cease. (2) The provisions of subsections 1(3), 1(4) and 1(5) shall apply to all pre- liminary estimates provided, mutatis mutandis, but all determinations resul- ting therefrom shall be subject to confirmation or adjustment, at the Town Manager's sole discretion, upon the Owner's consulting engineer providing to the Town the detailed summary of actual cost in accordance with section l(2)(a). 0 ° Z