Loading...
HomeMy WebLinkAbout By-law 1719/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1719/83 Being a By-law to authorize the execution of a Subdivision Agreement between Alastair MacKay, in trust, and the Corporation of the Town of Pickering respecting the development of Part Lot 33, Range 3, Broken Front Concession, Picker- ing (Draft Plan 18T-81017(R)) WHEREAS Alastair MacKay, in trust, proposes to subdivide and register a plan of subdivision of Part Lot 33, Range 3, Broken Front Concession, Picketing; 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 con- ditions, one of which requires the entering into of a satisfactory Subdivision Agree- ment between Alastair MacKay, in trust, and the Corporation of the Town of Picker- lng; 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 Agree- ment, in the form attached hereto as Schedule "A", between Alastair MacKay, in trust, and the Corporation of the Town of Pickering, respecting the develop- ment of Part Lot 33, Range 3, Broken Front Concession, Pickering (Draft Plan 18T-81017 (R). BY-LAW read a first, second and third time and finally passed this 4th July, 1983. day of TOWN OF PICKERING APPROVED AS TO FOR,' LEGAL Schedule "A" to By-law 1719/83 THIS AGREEMENT made in triplicate this 20th day of June, 1983. BETWEEN: ALASTAIR MACKAY, IN TRUST 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 - JOHN LLOYD PHIN and ELIZABETH BEATRICE PHIN hereinafter collectively called the "Encumbrancers" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part Lot 33, Range 3, Broken Front Concession, 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 John Bousfield Associates Limited and designated as Draft Plan Number 18T-81017 (Revised); and WHEREAS, the Encumbrancer has certain rights or interests in the nature of encum- brances relating to the lands affected hereby; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: PART 1 - PROPERTY DESCRIPTION LAND AFFECTED The lands affected by this Agreement are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham and Province of Ontario and being composed of those parts of Lot 33, Range 3, Broken Front Concession, designated as Part 5, Plan 40R-7395, and Part 3, Plan 40R-. PART 2 - SERVICES OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Director of Public Works for the Town of Pickering, and shall complete, perform or make payment for such other matters as may be provided for herein. 3. CONSULTING ENGINEERS (i) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner shall carry out all the necessary engineering and to super- vise 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 (i) The Owner shall construct a complete storm system including storm con- nections to the street line and catch basin leads to service all the lands in the plan of subdivision and road allowances adjacent to the plan of subdivision and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the aforementioned lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- sion, the Owner may be required to carry out such works as are neces- sary to provide an adequate outlet. (4) The Town may connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the sewer system by the Town. (s) No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 5. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdi- vision. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 3 PART 2 - SERVICES (Cont'd) ROADS - PAVED (1) The Owner shall 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 and sodding shall apply to the existing road adjacent to the plan of subdivision. (3) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of dust, refuse, rubbish or other litter of all types. (4) The Owner shall 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 it is 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. CURBS & GUTTERS (i) The Owner shall construct curbs and gutters on the roads to be con- structed pursuant to section 6, above, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the said specifica- tions. 8. SIDEWALKS The Owner shall construct a sidewalk, (a) (b) (c) on the west side of Altona Road adjacent to or on Block 65; on both sides of Fawndale Road north of Valley Gate and on the west side of Fawndale Road south of Valley Gate; on both sides of Valley Gate east of Fawndale Road and on the south side of Valley Gate west of Fawndale Road; and (d) on the south and east sides of Riverview Crescent, as illustrated on the sketch attached hereto as Schedule "D", 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 (]) Underground electric distribution shall be provided for all residential lots within the plan of subdivision according to the standards and specifica- tions of Pickering Hydro-Electric Commission. 4 PART 2 - SERVICES (Cont'd) UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE STREET LIGHTING (Cont'd) (2) Cable television services shall be provided for all residential lots within the plan of subdivision according to the standards of Pickering Cable T.V. Limited. (3) The Owner shall pay all costs of installation of street lighting, including poles and other necessary appurtenances for the lighting of all streets and pedestrian walkways on the plan, and all boundary roads requiring upgraded lighting. (4) 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. (s) The installation of all works provided for in this section shall be con- structed under the supervision and inspection of Pickering Hydro-Electric Commission and Pickering Cable T.V. Limited, as the case may be. i0. INSPECTION OF WORK (i) All works required to be constructed by the Owner, except those re- ferred to in section 9, above, shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within thirty (30) days of invoices being rendered. (z) The costs referred to in necessarily be limited to, and administration fees. subsection (1), above, may include, but not salaries and wages of Inspectors, testing fees 11. LIABILITY INSURANCE (i) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner in the plan of subdivision and elsewhere. (2) The amount of the Policy shall be $i,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewal or renewals within 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 (i) Before commencing the construction, installation or performance of any of the works 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 for the purpose of, PART 2 - SERVICES (Cont'd) 12. PERFORMANCE & MAINTENANCE GUARANTEE (Cont'd) (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 10 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1982, and (d) guaranteeing all works, workmanship and materials for a period of two (2) years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, 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 construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) thirty-five per cent (35%) of the original value where no certifi- cate or declaration of substantial performance has been made; (b) twenty per cent (20%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) forty-five (45) days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; and (c) ten per cent (10%) of the original value where, (i) a certificate of final completion has been made by the Owner's consulting engineer; (ii) forty-five days (45) days following the making of such certificate have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; which ten per cent (10%) poriion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. (4) 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. PART 2 - SERVICES (Cont'd) 13. DRAINAGE - SODDING The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement and is subject to the approval of the Director of Public Works, the Metro- politan Toronto and Region Conservation Authority and the Ministry of Natural Resources. (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 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 shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. (5) The Owner shall sod the front, side and rear yards of each of the res- idential lots except for paved, planted or treed areas, upon the com- pletion 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 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 com- pletion 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. PART 2 - SERVICES (Cont'd) 14. INCOMPLETED OR FAULTY WORK (Cont'd) (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 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 following Table to the respective authority named in Column II of the Table: Table Column I Column II Draft Plan Designations Streets A & D - (Valley Gate) The Corporation of the Town of Pickering Street B - (Fawndale Road) The Corporation of the Town of Picketing Street C - (Riverview Crescent) The Corporation of the Town of Picketing Block 65 - (Altona Road) The Regional Municipality of Durham 16. TRANSFERS - CONVEYANCES (1) The Owner shall convey, (a) Blocks 60 and 62 - reserves, Fawndale Road; and (b) Block 61 - reserve, Riverview Crescent; to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the thirty (30) days immediately following the registration of the final plan. (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. 8 PART 2 - SERVICES (Cont'd) 17. TRANSFERS- EASEMENTS (i) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm sewer services both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1)(a), above, shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. 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 Tab le: Column I Streets A & D Street B Street C Table Column II Valley Gate Fawndale Road Riverview Crescent 19. SERVICE CAPACITY This Agreement shall be subject to the Owner entering into satisfactory ar- rangements 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 (b) The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and the lot line. 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. PART 2 - SERVICES (Cont'd) 20. GENERAL PROVISIONS - SERVICES (Cont'd) (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, including Ontario Hydro lands, other than in the actual construction of roads in the plan of subdivision without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (i), above. (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Construction Traffic Wherever possible, to ensure that construction traffic serving the devel- opment of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) Qualitative or Quantitative Tests 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 under this Agreement to the specifications of the Town in date hereof. to be done effect at the (h) Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (i) Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (j) Engineering Drawings Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivi- sion, with amendments, if any, noted thereon. i0 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 exist- ing Town roads or to subdivision roads that receive the Town's winter control service~ including alternate means of access where available. (ii) Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. (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. 11 PART B - CONSTRUCTION & OCCUPANCY OF BUILDINGS CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) 21. No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (2) No building or part of a building in the subdivision shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) 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 main- tained public road; and (iv) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road and extend to an existing maintained public road. (4) (a) Should any building or part thereof in the plan of subdivision be 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 subdi- vision shall be deemed to be a release from the provisions of this subsection with respect to that lot or block. (5) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 22. TIME LIMIT FOR CONSTRUCTION (i) The Owner shall construct or cause to be constructed, in the plan, fifty-eight (58) 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 fifty-eight (58) housing units are to be constructed in the plan, an amendment to this Agreement shall be required. 23. DESIGN PLANNING (1) (a) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architectural design objectives for the subdivision, which approval shall not be unreasonably withheld. (b) This report may be required, at the Director's option, to provide the following information: 12 PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) 23. DESIGN PLANNING (Cont'd) house massing; streetscape; exterior materials and colours; architectural style; visual variety; (2) (a) (i) (ii) (iii) (iv) (v) (vi) (vii) energy conservation measures; and any other data or information required. The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shah not be unreasonably withheld. These plans and drawings may be required, at the Director's option, to provide the following information: (i) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; (ii) the location of landscaping features, including trees to be preserved; (iii) streetscape for front and rear elevation at a scale accept- able to the Director; (iv) streetscape to show all street furniture and vegetation; (v) the relationship of buildings by blocks; and (vi) any other data or information required. (b) 13 PART 4 - FINANCIAL MATTERS 24. FINANCIAL PAYMENTS (i) The Owner shall 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 $87,000 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 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) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the Land Titles Office. 14 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 subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for mechanics' liens or otherwise and all costs in connection therewith. 27. EXPIRY OF SECURITIES (i) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner shall provide to the Town at least 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 provisions of section 25, above, may only be terminated or cancelled by the Owner after the Municipal Occupancy Permit for the last residential building or part thereof to be constructed in the plan has been issued by the Town. (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. 15 PART 5- PARKS & TREES 29. PROVISION OF PARKLAND The Owner shall pay to the Town the sum of $49,735 prior to the registration of the plan of subdivision in full satisfaction of the Owner's obligation to pro- vide parkland. 30. FENCING (1) The Owner shall erect, upon the completion of final lot grading and seeding or sodding the lands in the subdivision, a permanent fence of nine (9) gauge, galvanized steel link fencing, having 0.05 metre mesh, 1.8 metres high, (a) along the westerly boundaries of Blocks 63 and 64; and (b) along the boundary of the plan, adjacent to Lots 11-18 and Block 59, from the south-west corner of Lot 11 to a point 6.666 metres north of the north-west corner of Lot 18, as illustrated on the sketch attached hereto as Schedule "E". (2) 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 425176, 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 Blocks 60, 61 and 62, to be constructed in accordance with specifications therefor and to the satisfac- tion of the Director of Public Works. 31. DRAINAGE ONTO OPEN SPACE/PARKLAND (i) The Owner shall ensure that the lands within the subdivision do not drain surface run-off water onto Town owned parkland, open space or walk- ways. (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 permits for any of the units to be erected on the lands, submit a landscaping plan for all of the lots and blocks on the plan to the Town for approval. (2) Upon approval by the Town of a landscaping plan, the Owner shall con- struct, install or plant the landscaping works, as the case may be, in conformance with the landscaping plan according to the time limits set out in Schedule "A~. 16 PART 5 - PARKS & TREES (Cont'd) 33. TREE PLANTING 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. (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 commu- nity in which the plan is located. 34. TREE PRESERVATION (D The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved. (2) The Program shall be submitted to the Director of Planning for his review and approval, and, once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Program, the Director shall be governed by the Town Tree Preservation Guidelines in effect at the date hereof. (4) Until such time as the Program is approved, the Owner shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. ]7 PART 6- GENERAL PROVISIONS 35. LICENCE TO ENTER The Owner shall retain a Iicence from any subsequent purchaser of the afore- said lands, or any part thereof, to enter upon such lands in order to comply with the provisions of this Agreement. 36. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31st, 1984, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void. 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 This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. 39. INTERPRETATION (i) Whenever in this Agreement the word "Owner", or "Encumbrancer" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", "Encumbrancer or Encumbrancers" and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules rlA", IrB", "C", DI' and "E" 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 and be binding upon the Parties hereto, their successors and assigns. of IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate Seals 18 PART 6 - GENERAL PROVISIONS (Cont'd) attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED In the presence of ALASTAIR MACKAY, IN TRUST THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk In the presence of JOHN LLOYD PHIN ELIZABETH BEATRICE PHIN 19 SCHEDULE "A" 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (D Save as herein otherwise provided, the Owner shall complete the works required under this Agreement within the time limits specified in the Table set out below and shall 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 Recreation, or the Director of Planning, as the case may be. Any works other than that specifically provided for in the Table shall be completed within the time limit provided for therein for aboveground services. Table Works Time Limit for Construction (a) Aboveground Services Three years from the date of corn- - Type 1 mencement of construction (b) Aboveground Services - Type 2 Two years from the date of commence- ment of construction (c) Underground Services Two years from the date of commence- ment of construction Aboveground Services - Type l: Driveway aprons, top coat of asphalt on roads, two stage curbs permitted), sidewalks and trees top portion of curbs (if Aboveground Services - Type 2: All other aboveground services 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 speci- fications, a temporary turning circle, (a) on Fawndale Road immediately south of Block 60, (b) on Fawndale Road immediately north of Block 62, and (c) on Riverview Crescent immediately north of Block 61. (z) Further, the Owner shall remove, at its sole expense and to the Town's specifications, any temporary turning circle located immediately adjacent to the plan on a public highway to be extended by the Owner into the plan, and shall replace any such circle with permanent services as if the highway were a road in the plan. (3) As the temporary turning circle referred to in subsection (1)(c), above, will be required only if the development of these lands precedes the development of the lands to the south comprising Draft Plan 18T-81042 (Revised), the Director of Public Works may waive the construction of it and of the vehicle barrier to be erected on Block 61, at his sole dis- cretion, if development of the lands to the south is proceeding. A-1 SCHEDULE "A" (Cont'd) DEMOLITION OF EXISTING BUILDINGS All existing structures on any lot in the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit for that lot. 4. FUTURE DEVELOPMENT BLOCKS (i) Blocks 56, 57, 58, 59, 66, 67 and 68 shall be held for future residential development in conjunction with adjacent lands and such development shall not commence without the prior written approval of the Town which approval may be granted subject to conditions, one of which may require certain amendments to be made to this Agreement. (2) Until such time as those Blocks are developed in accordance with sub- section (1), above, the Owner shah maintain them in a clean and orderly condition to the satisfaction of the Town. FENCING REQUIREMENTS In the event that, in the opinion of the Director of Parks and Recreation, the fencing requirements of the Metropolitan Toronto and Region Conservation Authority require a higher standard of fencing to be provided than do the provisions of section 30(1)(a) of this Agreement, then the M.T.R.C.A. require- ments shall supercede and be deemed to replace those provisions to the extent necessary to give effect to the higher standard. CASH-IN-LIEU OF SERVICES - EXEMPTION (1) In the event that the Owner is of the opinion that compliance with, (a) section 8(a), respecting construction of a sidewalk on Altona Road, or (b) section 9(3), (4) and (5), respecting installation of street light- ing on Altona Road, 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 that section, or both of them. (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 practi- cality of compliance as required, and may exempt the Owner as reques- ted; the Director's decision shall be communicated to the Owner in writ- ing. (4) No exemption under to the Town within sum of, subsection (3) shall be valid unless the Owner pays fifteen (15) days of the date of the exemption, the (a) $6,525, for an exemption from section 8(a), and (b) $4,140, for an exemption from section 9(3), (4) and (5), being the estimated cost of the installation or construction of the respec- tive services from which the Owner is exempted. A-2 SCHEDULE "A" (Cont'd) CASH-IN-LIEU OF SERVICES - EXEMPTION (Cont'd) (5) No building permit shall be issued by the Town after an application for exemption has been received by it, unless (a) (b) (c) the sum required to be paid under subsection (4) is paid; the application is withdrawn; or the application is refused. 7. DEEMED COMPLIANCE ON EXEMPTION Upon the payment of a sum required to be paid under section 6(4), above, following the granting of an exemption under section 6(3), above, the Owner s hall, (a) be relieved of compliance with the provisions of section 8(a) or section 9(3), (4) and (5) of this Agreement, or both of them, as the case may be, respecting Altona Road and any other provisions relating thereto; and (b) have the right to apply to the Town Treasurer under section 11 of this Agreement for a reduction in the security held by the Town as a perfor- mance and maintenance guarantee, as if the Owner had satisfactorily completed the installation or construction of the services from which the Owner is exempted. CONSTRUCTION STAGING (1) It is acknowledged and agreed that the Owner may construct the plan of subdivision in up to four stages, as shown on Map I, attached hereto. (2) The staging of the construction shall be limited to the staging of the construction of services and residential units, and shall not include the phasing of the registration of the plan. (3) The provisions of the sections set out in the following Table shall be applicable to all stages but shall only take effect with respect to any stage upon the commencement of construction in that Stage. Table Sections 4, 5, 6, 7, 8, 9, 12, 13, 20(a), 30 and 33 Schedule "A" - Section 1, 2 Schedule "D" Schedule "E" (4) The provisions of the sections set out in the following Table shall be applicable to all stages and shall take effect upon the registration of this Agreement, subject to the provisions of subsection (5) of this section. Table Sections 1, 2, 3, 10, 11, 14, 15, 16, 17, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 34, Schedule "A" - Sections 3, 4, 5, - Map I 18, 19, 20 (except 20(a)), 21, 35, 36, 37, 38, 39, 40 and 41 6, 7 and 8 A-3 SCHEDULE "A" (Cont'd) CONSTRUCTION STAGING (Cont'd) Schedule "B" - Section 1 Schedule "C" - Sections 1 and 2 A-4 ,il 1II Ill. I [ .: ,:.i .. SCHEDULE "B" 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 5,388.2 square metres, or (b) commercial buildings having a total floor area of not less than 3,456.8 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, and the Owner shall be entitled thereby to 58 credits upon which the same number of residential building unit permits may be issued. (2) The required industrial or commercial 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 or commercial buildings have not been construc- ted, 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, 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 $101,500 to guarantee the satisfactory completion of the required industrial or commercial 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) 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. B-1 SCHEDULE "C" SPECIAL PROVISIONS REQUIRED BY OTHER AGENCIES The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by other agencies; these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any way to any of the other provisions of this Agreement. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") & MINISTRY OF NATURAL RESOURCES ("M.N.R.") - ENGINEERING & DRAINAGE REPORT The Owner shall carry out, or cause to be carried out, to the satisfaction of M.T.R.C.A.and M.N.R., the recommendations referred to in the report required in Condition 18 of the draft approval, dated October 27th, 1982, of this plan by the Commissioner of Planning of the Regional Municipality of Durham. C-1 Il, 7~,%'0/D36' - ~,~'~, ili OVO~ 3'WON~V4 III :I QVO~ j-