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HomeMy WebLinkAboutBy-law 1230/81- T THE CORPORATION OF THE TOTIN OF PICKERING BY-LAW NO. 1230/81 Being a By-Law to authorize the execution of an Agreement between Maple Ridge Homes Ltd. and the Corporation of the Town of Pickerina to amend the Subdivision Agree- ment dated June 16th, 1980 between Black File Investments Inc. and Silver File Investments Inc. and the Town respecting the development of Draft Plan 18T-79068 (Plans M-1194, M-1202, M-1203, etc.) WHEREAS, the Corporation of the Town of Pickering entered into a Subdivision Agreement with Black File Investments Inc. and Silver File Investments Inc. on June 16th, 1980 to provide for the develop- ment of Draft Plan 18T-79068; and WHEREAS, Maple Ridge Homes Ltd. is the successor in title to Black File Investments Inc. and Silver File Investments Inc. with respect to lands in the said plan; and WHEREAS, it is now deemed appropriate to amend the said Subdivision Agreement; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule "A", between Maple Ridge Homes Ltd. and the Corporation of the Town of Pickering, to amend a Subdivision Agree- ment dated June 16th, 1980 between Black File Investments Inc. and Silver File Investments Inc. and the Corporation of the Town of Pickering with respect to the development of Draft Plan 18T-79068 (Plans M-1194, M-1202, M-1203, etc.) BY-LAW read a first, second and third time and finally passed this 2nd day of February, 1981. ?4 vor , Clerk h it SCHEDULE "A" TO BY-LAW 1230/81 THIS AGREEMENT made in triplicate thic day of , 1981. B E T W E E N: MAPLE RIDGE HOMES LTD. 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 - CANADA PERMANENT TRUST COMPANY and PETER KIRKLAND MARSHALL, surviving executors of the Last Will and Testament of Kenric Adolphus Marshall, THE ROYAL BANK OF CANADA (the holder of Debentures Numbered D91409 and D90313) and E. J. R. PHILLIPS INVESTMENTS LIMITED, a Corporation incorporated under the laws of the Province of Ontario hereinafter called the "Encumbrancers" OF THE THIRD PART. WHEREAS, by Agreement dated June 16th, 1980, and registered on Septem- ber 11th, 1980, as Instrument No. LT112902, between Black File Invest- ments Inc., Silver File Investments Inc., the Town and the Encumbran- cers, Black File Investments Inc. and Silver File Investments Inc. proposed to subdivide and register a plan of subdivision of those parts of Lots 23 and 24, Concession 2, Pickering, designated as Parts 1, 6, 7, 8, 9 and 11 on Plan 40R-5886, being ministry of Housing Draft Plan Number 18T-79068; and WHEREAS, part of the said plan was registered on September 11th, 1980 as Plan M-1194; and part of the said plan was registered on 1980 as Plans M-1202 and M-1203; and the remainder of the said plan has yet to be registered; and WHEREAS, the Owner herein is the successor in title to Black File Investments Inc. and Silver File Investments Inc. with resn_ect to the lands affected hereby; and WHEREAS, it is deemed desirable to amend the said Agreement in certain respects; and - 2 - biw:W,AS, the Encumbrancers have certain rights or interests in the nature of encumbrances relating to the lands affected hereby; ;Ow THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the stir., of Two Dollars ($2.00) paid by each Party to the others, receipt of which from each is hereby acknowledged by each, the Parties hereto agree as follows: i 1. The lands affected by this Agreement are: 1 ALL AND SINGULAR those certain Aarcels or tracts of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of - 3 - 2. In this Agreement, the term "Subdivision Agreements" shall mean the Agreement dated June 16th, 1980 and registered September. 11th, 1980 as Instrument No. LT112902, between Black File Investments Inc., Silver File Investments Inc., the Town and the Encumbrancers. 3. The Owner herein acknowledges and agrees that it is the successor to Black File Investments Inc. and Silver File Investments Inc. with respect to the lands affected hereby, and, as such, is bound by all the terms and provisions of the Subdivision Agreement. 4. Clause (c) of section 8 of the Subdivision Agreement is hereby deleted and the following substituted therefor: (ca) on the west side of the west portion of Street C, as extended to the northerly boundary of the plan (Maple Gate Road), (cb) on the south side of the north portion and west side of the east portion of Street C (Harvest Drive), 5. The sketch immediately following section 8 in the Subdivision Agreement is hereby deleted and the following substituted there- for: ` SIDE WALES VR I L p5 1 ?J?: d»r L I 4 Y,mW? - ? ? 1 I ?1 Y£ :! r "" "' 11 7 ? .run nrw< wca.r ?..? ? _• "C:-?L it`I - ? .t ? N.\ti ? . ? Zbrleltu 1111 ~ ? ' I ., • r..wo sw a \ I ?., _ '. aal.ct •Ses. `, ? Vii' , I 1 . y .. ' ,.5 u '., r s+n m i,- I snag ?. l -ts I ill 1 1 ? 1 ..? .. ? 111 ? Ay iY ? r 14, r r li - 4 - 6. 7. 8 9. Column I of section 1.5 of the Subdivision Agreement is hereby amended by deleting therefrom, Street C (Harvest Drive) and substituting therefor, Street C, as extended (Harvest Drive and Maple Gate Road). Subsection (1) of section 16 of the Subdivision Agreement is hereby amended by deleting therefrom, Block 305 (Reserve - Barnwood Square) and substituting therefor, Block 305 (Reserve - Maple Gate Road) Block 306 (Reserve - Barnwood Square) The Corporation of the Town of Pickering The Corporation of the Town of Pickering The Corporation of the Town of Pickering Section 18 of the Subdivision Agreement is hereby amended by deleting therefrom, Street C Harvest Drive and substituting therefor, Street C (as extended) Harvest Drive (east and north portions) Maple Gate Road (west portion) Section 29 of the Subdivision Agreement is hereby deleted and the following substituted therefor: (1) Subject to the provisions of section 16(2), above, upon the registration of the final plan herein, the Owner shall convey, free and clear of all encumbrances, at no cost to the Town, Block 299 and part of the north half of Block 298, and the Town agrees to accept such convey- ance for park purposes. (2) It is acknowledged and agreed that, in making the above- mentioned conveyance, the Owner is conveying 0.9616 hec- tares in excess of the area required by the Town to be conveyed to it for park purposes for this subdivision; accordingly, it is agreed that 0.9616 hectares of park dedication shall exist to the credit of the Owner and may be applied by it to any future such requirement in the Town. 10. Item 2 of subclause (iii) of clause (b) of subsection (1) of section 30 of the Subdivision Agreement is hereby deleted and the following substituted therefor: 2. Lots 177-184, inclusive, and 11. Subsection (3) of section 30 of the Subdivision Agreement is hereby deleted and the following substituted therefor: (3) The Owner shall further erect, at the time the fencing referred to in subsection (1) is erected, vehicle bar- riers, - 5 - (a) on Block 304, (b) at the north and south ends of Block 296, and (c) at the south-west corner of Block 297, to be constructed in accordance with specifications therefor and to the satisfaction of the Director of Public Works. 12. Section 4 of Schedule "A" to the Subdivision Agreement is hereby deleted. 13. Section 4 of Schedule "C" to the Subdivision Agreement is hereby deleted and the following substituted therefor: (1) The southerly part of Block 298 shall be reserved by the owner for acquisition by the Durham Board of Education as a public elementary school site. (2) Should the Board not wish to acquire the lands referred to in subsection (1) immediately, the owner shall offer the Board an option to do so at a later date. 14. The Table in subsection (5) of section 1 of Schedule "D" to the Subdivision Agreement is hereby amended by deleting therefrom, Schedule "A" - Sections 1, 2, 3, 4, 5 and 6 and substituting therefor, Schedule "A" - Sections 1, 2, 3, 5 and 6. 15. Subsection (8) of section 1 of Schedule "D" to the Subdivision Agreement is hereby deleted and the following substituted there- for: (8) The provisions of section 29 shall be applicable to all Phases but shall take effect so as to require the con- veyance of Block 299 to be made within thirty (30) days of the registration of Phase One and the conveyance of part of the north half of Block 298 to be made within -thirty (30) days of the registration of Phase Five. 16. Subsection (1) of section 4 of Schedule "D" to the Subdivision Agreement is hereby amended by adding thereto, after the desig- nation "299" in the sixth line the pnrase "and that part of the north half of Block 298 conveyed to the Town as parkland". 17. Map I to schedule "D" to the Subdivision Agreement is hereby deleted and the Map attached hereto substituted therefor. 18. The Encumbrancers agree with the Town that this Agreement shall have priority over and take precedence over any rights affected hereby, 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. 19. Time shall be of the essence of this Agreement. - 6 - 20. This Agreement and everything herein contained shall enurQ to the benefit of and be binding upon the Parties hereto, their succes- sors and assigns. 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, and PETER KIRKLAND MARSHALL has hereunto set his hand and seal. SIGNED, SEALED and DELIVERED In the presence of MAPLE RIDGE HOMES LTD. President Vice-President THE CORPORATION OF THE TOWN OF PICKERING Clerk E. J. R. PHILLIPS INVESTMENTS LIMITED President CANADA PERMANENT TRUST COMPANY Authorized Signing Officer Authorized Signing Officer PETER KIRKLAND MARSHALL THE ROYAL BANK OF CANADA, By Its Attorneys Power of Attorney registered as No. on MAP (( .4 f t n i r a°v EI f xa ?. Q?7 ?'Sd- c{{'?" . li ? s ?!'{? Y1\ ,an. F ? ??"o! o°mo O ? si. ai li 3oc ! ? rIF jy:Z? 5 S'i 1 t ? )l ,??v ?„, ? 1 y ??¢ yd'v o w { l?l ! ?! ir! !A1 ! , O j-(Il /r"?{))}}y C{Ir ?l 41' :t ? ?.?p ra .? E? a4 ?n ?a a 1y is f r ?e r ? l1 l? a 'S 4 jiF i. ? f -\_ Y ? < It ?o?n€ t)i?J- If<?t" 311 ?a 1! ??f- O.f, F F vi t\i ? v r ??y1 LL 7q Y ? ll LLJ n 41 TWMwv1 RySd('Y.i"r(.,1 '_.< -j: .t "Y... _ . ?sa,. ?,` d 4.: Y ? 1? a p C .. \j?- FM tl1 -?? (EY:x1 s lla e is ?p OJ iF- /d ?? },i 5.: fi >x- d 5 pf Y t Pa l ec x,i__,__ -`-! - rn L J_ " S; z? ?,y r 3x ? 3 v, w to O 1 ? ?? ' - a Its 1 N r t x Sa t_ - ! I _'` ?? ?? .. t Pe R?7_tA_pAl: £?L r -?C i ' -=r?vnexel--' ?f-/. 4 i \ _.-I r.) I. -2 tl a Z'-' d 213 C? a 07 anl.P a?cu l ?'a:4!eBaZS4OiILS0.34°NE46 - ? c Y'. 4 d F < k > z o „r i i a)] I -r. ?. k a . r- y . uY]? .? 1 <. '? (14?p i FI F.FI A t Y L ? ? 41 ,, - i 6 THIS AGREEMENT made this 16th day of June , 1980. BETWEEN: BLACK FILE INVESTMENTS INC. and SILVER FILE INVEST,'-1ENTS INC. hereinafter collectively called the "Owner" OF THE FIRST PART, and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - CANADA PERMANENT TRUST COMPANY and PETER KIRKL?ND MARSHALL, surviving executors of the Last Will and Testament of Kenric Rudolphus Marshall, THE ROYAL BANK OF CANPDA (the holder of Debentures Numbered D91409 and D90313) and F.J.R. PHILLIPS INVESTMENTS LIMITED, a Corporation incorporated under the laws of the Provii:ce of Ontario, hereinafter called the "Encumbrancers" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide certain parts of Lots 23 and 24, Concession 2, in the Town of Pickering in the Regional Municipality of Durham, and with the con- sent of the Encumbrancers, to register a plan of subdivi- sion of those lands, as shown on a draft plan of subdivi- sion prepared by F. Delph, O.L.S. for MacPherson, Walker, Wright Associates Limited, dated November 15th, 1979, designated as Draft Plan Number 18T-79068; and WHEREAS, the Encumbrancers have certain rights or in- terests in the nature of encumbrances relating to the lands affected hereby; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in con- sideration of the Town approving the said proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 4 -2- PART '_ - PROPERTY DESCRIPTION 1. LAND AFFECTED The lands affected by this Agreement are: ALL AND SINGULAR, that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being com- posed of those parts of Lots 23 and 24, Concession 2, Pickering, designated as Parts 1, 6, 7, 8, 9 and 11 on a plan of reference deposited in the Land Titles Office for the Registry Division of Durham as Plan 40R-5886. - 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 o`. Pickering, and to complete, perform or make payment for such other matters as may be provided for herein. 3. CONSULTING ENGINEERS 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. Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work pro- vided for in this Agreement is completed and form- ally 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. 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. 4 - PART 2 -.SERVICES (Cont'd) 4. STORM SEWERS (Cont'd) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system out- side the plan of subdivision, the Owner may be required to carry out such works as are necessary to provide adequate out- lets- (2) The Town may connect or authorize connec- tion into any part of the system but such connection shall not constitute acceptance of the sever system by the Town. (3) No connection under subsection 2, 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 Prior to the installation or construction of the relevant municipal services provided for herein, the Owner agrees to rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdivision. The Owner further agrees to keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. 6. ROADS - PAVED The Owner agrees to construct the roads shown on the plan of subdivision according to the specifi- cations for paved roads of the Town in effect at the date hereof including such boundary or approach roads (except Finch Avenue) as may be necessary to provide an adequate access. The specifications for boulevard grading, side- walks and sodding shall apply to existing roads adjacent to the plan of subdivision. The Owner covenants and agrees that, until assump-- tion by the Town, it will maintain and repair roads both within and outside the plan of subdi- vision 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 11 1 - 5 - PART 2 - SERVICES (Cont'd) 6. ROADS - PAVED (Cont'd) 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. Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 7. CURBS & -GUTTERS The Owner agrees to construct curbs and gutters, (a) on the roans shown on the plan of subdivi- sion, and (b) on the west side of Liverpool Road adjacent to Lots 1-1.2, inclusive, and Blocks 297 and 300, 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. If any curb depressions are not located correctly with respect to a driveway, the Owner shall con- struct a curb depression in the correct location and fill in the original curb depression according to the said specifications. 8. SIDEWALKS The Owner agrees to construct a sidewalk, (a) on both sides of Street A (Maple Ridge Drive), (b) on both sides of Street B (Bushmill Street), (c) on the west side of the west portion, south side of the north portion and west side of the east portion of Street C (Harvest Circle), (d) on the east side of the west portion, south side of the north portion and west side of the east portion of Street D (Fieldstone circle), (e) on the south side of Court F. (Bramhlewood - 6 - PART 2 -.SERVICES (Cont'd) 8. SIDEWALKS (Cont'd) Court) to a point in the east end of Court E 10.0 metres north-east of the north-east corner of Lot 233; (f) on Street F (Pebblestone Crescent) in front of Lots 105-114, 123-127 and 158-164, all inclusive, and along the southerly side of Street F between Lots 107 and 108; (g) on the south and west sides of Street G (Bridge Gate Crescent) (h) on the east side of the west portion, on the south side of the north portion, on the west side of the east portion and north side of the south portion of Street H,(Barnwood Square); (i) on the east Lane); (j) on the west -to the plan (k) on the nort to the plan side of Street I 0,7heatsheaf side of Liverpool Road adjacent of subdivision; and i side of Finch Avenue adjacent of subdivision; as illustrated on the sketch immediately following, 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. 7 _ PART 2 - SERVICES (Cont'd) f S. SIDEWALKS (Cont'd) rz.? ' 1 L SIDEWALKS i• 23 7-f_f \ '? J N -1 o , • I .^ : r. F?„ I?4- ?•OOD ?) ;;' (? J,\ , I -.14 i.l lrl 37 ? a. •s '.t i,?_- - J . _ I ? i , Z -?J I . 'y ?i,'? , ,w.Y.,n. ? }? ICI • `-` "I 1'•r . I_ 1 F1L 1407 I r'uR -104 ? ? ? I ? , V ? ? ? (3S+m IL.. Brae T) snc?r . I ? ? ?' 1, .,e / ? I I ?? > f ? ?, ! •?r ? !??_? ? ?>y?n T?.? `. I K.I.. `? ,tip' `?. _ ?a ? ? - ?_?.i ? -?, fS.! i-71- t '' y, t3'?rtlKC*v ?o.. J I, _ ? ? ?' -?. .- v y, ? ;.. w-••-7... ?- - E o? I I I l u ? z ? y_ .?I- I S k?.D'K 30t IT Il a '- - y n e_ ?? J = k t7 - -- I - { \._II i 11 r; 9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISIM- SERVICE & STREET LIGHTING Underground electric distribution and cable televi- sion services shall be provided for all lots and blocks within the plan of subdivision according to the standards and-specifications of the appropriate authority. The Owner agrees to pay all costs of installation of street lighting, including poles and other nec- essary appurtenances for the lighting of all streets including boundary roads and pedestrian walkways on y? =o_ - 8 - PART 2 - SERVICES (Cont'd) 9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING (Cont'd) the plan. The liqhting shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. The installation of all works provided for in this clause shall be constructed under the supervision and inspection of the appropriate authority. 10. INSPECTION OF WORK (1) All works required to be constructed by the Owner shall be installed under the observa-- tion of Inspectors employed by the Town and the Owner agrees to pay the costs incurred - therefor within thirty (30) days of invoices being rendered. (2) The costs referred to in subsection (1) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. 11. LIABILITY INSURANCE 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 other- wise in connection with the work done by or on behalf of the Owner in the plan of subdivision. The amount of the said Policy shall be $1,000,000. In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liabil- ity 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. 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 - 9 - PART 2 -. SERVICES (Cont'd) 11. LIABILITY INSURANCE (Cont'd) by the Liability Insurance Policy shall not lapse. 12. PERFORMANCE & =MAINTENANCE GUARANTEE (1) Before commencing any of the work provided for herein in each Phase, the Owner shall supply the Town with a 100% performance and maintenance security in a form satis- factory to the Town and in an amount estab- lished by the Director of Public Works for that Phase to guarantee the satisfactory completion of the work and to guarantee the workmanship and materials for a period of two C1) years from the date that the said work: in that Phase are com_leted and sucli completion acknowledged, in writing, by the - Director of Public Works. Such, performance and maintenance security may, at the option of the Owner, be made up of cash, bond, or irrevocable letter of cred=it. The Owner may, from time to time, apply for a. reduction in the cash, bond or letter of credit and such application shall be made to the Town Treasurer. Upon written verification from the Director of Public Works that the services for which reduction is being sought have been satis- factorily completed, the Town Manager may reduce the amount of the security to an amount not less than ten per cent (10%) of the original value, which ten per cent portion shall apply as the security for maintenance until the obligation to main- tain has expired, when the balance of the security shall be returned to the owner subject to any deductions for maintenance purposes. (2) Upon the approval, if any, of a reduction in the amount of a 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. I L0 - PART 2 - SEnVICEs (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. The Grading Control Plan is to 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 Metro- politan Toronto and Region Conservation Authority. (2) 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. 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 con- struction of catch basins, swales or other structures as may be necessary to correct such problems. (3) The Owner agrees to sod the front, side and rear yards of each of the lots except for paved or planted areas, upon the completion of the construction of buildings thereon. 14. INCOMPLETED OR FAULTY WORK If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be pros- ecuted 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 .m- properly 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 execute, or in bad faith, or shall the Owner neg- lect 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 - 11 - PART 2 - SERVICES (Cont'd) 14. INCOMPLETED OR FAULTY WORK (Cont'd) any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the owner and his surety in writing of such default or neglect and if such notification be without effect within ten (10) clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper com- pletion of the said work at the cost and expense of the Owner or his surety, or both. In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the owner shall be forth- with notified. The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and. material value, and further., a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this para.- graph 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 regis- tration 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: Column I Street A (Maple Ridge Drive) Column II The Corporation of the Town of Pickering Street B (Bushmill Street) Street C (Harvest Circle) Street D (Fieldstone Circle) Court E (BrLmhlewood ("ou.`.t) The Corporation of the Town of Pickering The Corporation of the Town of Pickering The Corporation of the Town of Pickering The Corporation of the Town of Pickering - 12 - (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 follow- ing Table to the respective authority named in Column 12 of the Table: Column I Column II Block 295 The Regional Municipality (Road Widening of Durham - Finch Avenue) Block 296 The Corporation of the (Walkway) Town of Pickering Block 299 The Corporation of the. (Park) Town of Pickering Block 300 The Corporation of the (Reserve Town of Pickering - Liverpool Road) Block 301 The Regional Municipality (Reserve of Durham - Finch Avenue) Block 302 The Regional Municipality (Reserve of Durham - Finch Avenue) . Block 303 The Regional Municipality (Reserve of Durham - Finch Avenue) Block 304 The Corporation of the (Reserve Town of Pickering - Maple Ridge Drive PART 2 - SERVICES (Cont'd) 15. DEDICATIONS (Cont'd) Column I Street F (Pebblestone Crescent) Street G (Bridge Gate Crescent) Street H (Barnwood Square) Street I (Wheatsheaf Lane) Column II The Corporation of the Town of Pickering The Corporation of the Town of Pickering The Corporation of the Town of Pickering The Corporation of the Town of Pickering 16. TRANSFERS - CONVEYANCES i I Column II PART 2 - SERVICES (Cont'd) 16. TRANSFERS - CONVEYANCES (Cont'd) Column I Block 305 (Reserve -. Barnwood Square) 17 18 The Corporation of the Town of Pickering (2) Notwithstanding the provisions of subsection (1), above, a transfer of Block 296, 299 or 305 shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of the York-Durham Sewer System. TRANSFERS - EASEMENTS The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Direc- tor of Public Works or his designate shall deem necessary for the provision of storm sewer services both within the boundaries of the plan of subdivi- sion 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. The construction of any services in such easement or easements 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. 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: - 13 - Column I (Draft,Plan Designation) ...Street A Street B Street C Street D Court E Column II Maple Ridge Drive Bushmill Street Harvest Circle Fieldstone Circle Bramblewood Court - 14 - PART 2 - SERVICES (Cont'd) 18. STREET NAMING (Cont'd) Column I Street F Street G Street H Street I 19 20 SERVICE CAPACITY Column II Pebblestone Crescent Bridge Gate Crescent Barnwood Square Wheatsheaf Lane This Agreement shall be subject to the Owner enter- ing into satisfactory arrangements with the. 's'own and the Regional Municipality of-Durham with respect to the allocation of sewage treatment plant capacity and water capacity for the develop- ment. - GENERAL PPCOVISIONS - SERVICES The Owner agrees with the Town: (a) Pavis_:g of Driveway Approaches To pr.ve the driveway approaches between the curb and sidewalk, or, where no side- walk 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 ser- vices, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debri 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 con- sent of the authority responsible for such lands. The Owner shall, on request, supply the Town with an acknowledgement from such - 15 - PART 2 - SERVICES (Cont'd) 20. GENERAL PROVISIONS - SERVICES (Cont'd) (c) Public Lands - Fill & Debris (Cont'd) authority of the Owner's compliance with the terms of this clause. The Owner further agrees that there shall be no burning of refuse or debris upon its lands or any public lands. (d) Construction Traffic Wherevar pcssihle, to ensure that con- struction traffic serving the development of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) Qualitative or Quantitative Tests 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 To pay the cost of relocating any existing services and utilities caused by the sub- division work within thirty (30) days of the account for same being rendered by the Town. The Owner further agrees similarly to pay the cost of moving any services or utili- ties 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 drive- way. (g) Specifications Unless otherwise provided, to perform any work required to be done under this Agree- ment 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. - 16 - PART 2 - SERVICES (Cont'd) 20 GENERAL PROVISIONS - SERVICES (Cont'd) (i) Permanent Siqns To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designated by the Director of Public Works. (j) Engineering Drawings Prior to the final acceptance of the sub- division, to supply Lhe Town with the original drawings of the engineering works for the plan of subdivision, with amendments, if any, noted thereon. (k) Snow Pl.owinq & Sandinq of Roads 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 wh(2re available. Such snow plowing and sanding shall be done from time to time when the Director of Pub- lic 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 com- pletion 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 soundings and all points of change in direction of streets on the registered plan. (m) Finch Avenue Fenci To maintain, to the Town's satisfaction and at the expense of the Owner, the fence re- quired to be constructed pursuant to the provisions of clause (a) of subsection (1) of section 30 until the end of the guarantee period specified in section 12 or until August 31st, 1985, whichever is later. - 17 - 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 build- ing 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) 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 p=_rmit. (3) It is agreed that no application for a muni- cipal 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 adequately serve such building or part thereof; (ii) Electric service is completed and in operation; (iii) An, asphalt base has been laid on the road immediately in front o? the building or part thereof and extended to an existing maintained public road; at?-3 (iv) Such curbs, as in the opinion of the Director of Public works, are required to be com- pleted prior to occupancy have been constructed on. the said road and extend to an existing maintained public road. (4) The Owner agrees with the Town that should any building or part thereof in the plan of subdivision he 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 build- ing or part thereof so occupied as liquida- ted damages therefor. The issuance by the Town of municipal occu- pancy 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. - i8 _ PART 3 - CONSTRUCTION & OCCUPANCY OE' BUILDINGS (Cont'd) 21. CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) (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 The Owner_ agrees to construct or cause to be con- structed, two hundred and ninety-three (293) hous- ing units, all of which shall be completed within two (2) years of the date of registration of the plan. 23. DESIGN FLANKING (1). The owner agrees that, prior to the issuance of any building permit for the construction of any residential unit on the lands, it shall submit to the Town's Director of Plan- ning, for approval, a report outlining sit- ing and architectural design objectives for the subdivision. This report may be required, at the Direc- tor's option, to provide the following information: (a) house massing; (b) streetscape; (c) exterior materials and colours; (d) architectural style; (e) visual variety; (f) energy conservation measures; and (g) any other data or information required. (2) The Owner further agrees that, prior to the issuance of any building permit for the con- struction of a residential unit to be erec- ted on the lands, it shall submit to the Director, for approval, site plans and arch- itectural drawings for that unit. 19 i PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) 23. DESIGN PLANNING (Cont'd) These plans and drawings may be required, at the Director's option, to provide the following information: (a) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; (b) the location of landscaping fea- tures, including trees to be preserved; (c) streetscape for front and rear elevation at a scale acceptable to the Director; (d) streetscape to show all street furniture and vegetation; (e) the relationship of buildings by blocks; and (f) any other data or information required. 20 - PART 4 - FI1.A1'1CIAL MATTERS 24. F'INANCIPJ PAYMENTS The Owner agrees to pay to the Town, a unit levy for each dwelling unit for which a building per- mit is received. No building permit shall be issued for any dwell- ing 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. Payments of such levies shall be made to the Town from time to time as building permits are required. 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. A letter from the Clerk of the Town advising that the unit levy has been paid shall be deemed to be a release of this section for the lands referred to in the said letter. 25. LETTER OF CREDIT The Owner shall, immediately prior to the regis- tration of the plan, deposit with the Town, cn irrevocable bank letter of credit payable to the Town, in a form satisfactory to the Town, for the sum of $439,500 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 sec- tion 21 hereof. 26. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the tares 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 regis- tration, to prepay any outstanding local - 21 - FART 4 - FINANCIAL MATTERS (Cont'd) 26. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd) (b) Local Improvements (Cont'd) improvement charges which are levied against any of the lands in the said plan of subdi- vision. (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 regis- tration of the plan of subdivision or any other related documentation including tran?:- fers, in the Land-Titles Office. (e) Lien or other Claims Upon applying for financial 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 connec!-- tion with such work done or material sup- plied for or on behalf of the Owner in con- nection with the subdivision, or if such claims do exist, the Owner agrees to indem- nify= the Town against any claims, actions or demands for mechanics' liens or other-- wise and all costs in connection therewith. 27. EXPIRY OF SECURITIES The Owner further agrees that should any letter of credit or bond required to be given under the terms of this Agreement expire during the currency of -..c Agreement, the Owner shall provide to the Town at least thirty (30) days in advance of the expiry date of that letter of credit or bond, a further letter of credit or bond, as the case may De, to take effect upon the expiry. Such further letter of credit or bond shall be to the satisfaction of the Town. Should no such further letter of credit or bond be provided as required, then the Town shall have the right to convert the expiring letter of credit or bond into cash and hold the cash in lieu of and - 22 - PART 4 - FINANCIAL MATTERS (Cont'd) 27. EXPIRY OF SECURITIES (Cont'd) for the same purposes as any further letter of credit or bond. 28. TERMINATION OF LEVY/OCCUPANCY SECURITY (1) The letter of credit required to be depos- ited 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 building or part thereto to be constructed on these lands has been issued by the Town. (2) Notwithstanding the provisions of subsection 1, the Owner may, from time to time, apply to the Town Manager for a reduction in the amount of the letter of credit referred to in subsection 1, as Municipal Occupancy Per- mits are issued. 23 - PART - PARKS & TREES 29. PROVISION OF PARKLAND (1) Subject to the provisions of section 1G(2), above, upon the registration of the final plan herein, the owner shall convey, free and clear of all encumbrances, at no cost to the Town, Block 299, and the Town agrees to accept such payment and conveyance for park purposes. (2) It is acknowledged and agreed that, in mak- ing the above-mentioned conveyance, the Owner is conveying 0.3475 hectares in excess of the area required by the Town to be con- veyed to it for park purposes for this sub- division; accordingly, it is agreed that 0.3475 hectares of park dedication shall exist to the credit of the Owner and may be applied by it to any future such requirement in the Town. 30. FENCING (1) The Owner shall erect, upon the completion of final lot grading and seeding or sodding the lands in the subdivision, (a) a permanent solid wood fence, to the specifications approved by the Direc- tor of Public Works, along the south- erly boundary of the subdivision adjacent to Lots 25-37, inclusive, and Lots 92-99, inclusive; (b) a permanent fence of nine (9) gauge, galvanized steel link fencing, having 0.05 metre mesh, (i-) 1.8 metres high, along the boundary of the subdivision adjacent to, 1. Lots 18-24, inclusive, 2. the easterly lot line of Lot 25, 3. Lots 99-104, inclusive, 4. Lots 107-111, inclusive, and 5. Lots 115-120, inclusive. (ii) 1.8 metres high, along, 1. the easterly and westerly boundaries of Block 296; - 24 - PART 5 - PARKS & TREES (Cont'd) 30. FENCING (Cont'd) 2. the westerly and southerly boundaries of Block 297, adjacent to Lots 13-18, inclusive; 3. the westerly boundary of Block 298, except where such boundary divides Block 298 and Bramblewood Court; and 4. the easterly boundary of Block 299; and (iii) 1.22 metres high along the north- erly boundary of the subdivision adjacent to, 1. Lot 1, 2. Lots 175-184, inclusive, and 3. Lots 218-232, inclusive (c) a permanent post and cable fence, to spec- ifications approved by the Director of Parks and Recreation, along the northerly boundary of the subdivision adjacent to ..Blocks 298 and 299; and (d) a permanent fence of nine and three quarter (9-3/4) gauge, nine (9) strand, galvanized steel farm fence, 1.22 metres high, having maximum 0.10 x 0.40 metre mesh along the westerly boundary of the subdivision adja- cent to, i. Lots 121-127, inclusive, 2. Lots 165-175, inclusive, and 3. Block 304. (2) The fencing required to be constructed pursuant to clauses (a) and (b) of 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. (3) The Owner shall further erect, at the time the fencing referred to in subsection (1) is erec- ted, vehicle barriers on Block 304 and at the north and south ends of Block 296; such barriers to be constructed in accordance with specifica- tions therefor and to the satisfaction of the Director of Public Works. - 25 - PART 5 - PARKS & TREES (Cont'd) 31. DRAINAGE ONTO OPEN SPACE/PARKLAND 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. Where this is not possible, the Owner shall in- stall within the parkland, open space or walk- ways, as the case may be, at a distance no greater than six (6) metres from the property line, suit- able swales and catch basins to adequately manage, in the opinion of the Director of Parks and Rec- reation, all surface run-off water, draining onto the parkland, open space or walkways from the lands within the subdivision. 32. LANDSCAPE PLANNING The Owner agrees that prior to the issuance of building permits for any of the units to be erec- ted on the lands, it shall submit a landscaping plan for all of the lots and blocks on the plan to the Town for approval. The Owner further agrees that upon approval by the Town of,a landscaping plan, the landscaping works shown on the plan shall be constructed, in- stalled or planted, as the case may be, in con- formance with the landscaping plan according to the time limits set out in Schedule "A". 33. TREE. PLANTING (1) The Owner shall plant on the lands, trees of a size, number and type acceptable to the Town. A schedule of the owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. A list of acceptable tree species and sizes will be provided. (2) 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. (3) W, The owner shall provide at least 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 $3S per unit for tree planting in a public - 26 - PART 5 - PARKS & TREES (Ccnt'd) 33. TREE PLANTING (Cont'd) land area within the community in which the plan is located. 34. TREE PRESERVATION The Owner agrees to retain, at its own expense, a qualified expert in order to determine which of the existing trees shall be preserved. The aforementioned qualified expert shall prepare a Tree Preservation Program, which program shall be submitted to the Director of Planning and shall not be put into effect until it has received the approval of the Director of Planning. In determining whether or not to approve the Tree Preservation Program, the Director shall be gov- erned by the Town Tree Preservation guidelines in effect as at the date hereof. _ 27 _ 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 August 31st, 1983, the Town may, at its option on one (1) month's not.i_ce to the Owner, declare this Agreement to be null and void with respect to any unregistered portion of the plan. 37. NOTICE Any notice required to given by registered ma Party at its principal be effective as of the lowing the date of the Office. be given hereunder may be it addressed to the other place of business and shall second day immediately fol- deposit thereof in the Yost 38'. ENCUMBRANCERS The Encumbrancers agree with the Town that this Agreement shall have priority over and take prec- edence over any rights affected hereby, 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 Agree- ment. 39. INTERPRETATION (1) 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. 26 PART 6 - GENERAL PROVISIONS (Cont'd) 39. INTERPRETATION (Cont'd) (2) The provisions in Schedules "A", "B", "C" and "D" 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. IN WITNESS t,THEREOr, the said .parties have hereunto affixed tY.eir Corporate Seals attested to by the hands 29 - of their, proper officers in that behalf fully author- ized, and PETER KIRIUAND MAP•SPALL has hereunto set his hand and seal. SIGNED, SEALED and DELIVERED Per •i--??' ?J-?i''`?-- - ?-= > -?i- _ 1 f: Per. TH- CORP I2ATION OF THE TOWN OF PICKERINC or n 6T?i- ClErlc--- / -- - E.J.R. PHILLIPS INVESTHLNTS LIMITED , Per: Per: CANADA PERMANENT TRUST -Re-r- : Y M. J. O'Ceary, Managar; Investmen`, 1. C. MALCOLM ?>v? COR? PRATE SERVICES DEPARTMENJ j )PALED AND ) in the ) of ) PETER KIRKLAND MARSHALL IN WITNESS WHEREOF THE ROYAL BANE OF CANADA has caused these N,sutSS:' / ; presents to be signed by duly authorized Attorneys in that behalf this 5th ay of August, 1980. 1 ' ) THE ROYAL P_4NIB s Al eys ower of aorney registered f??fF CANADA,/, s No. PER; IIt1 ,GII3 7 7 ------ n Apr 1 24 1980 PER: i" SILVER FILE INVL/ ENTS, INC. ?? SCHEDULE "A" 1. TIME LIMIT FCR WORK & GUARANTEE FOR WORKMANSHIP & -MATERIALS 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 mat- erials 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 Completion (a) Underground One year from the date of Services the registration of the final plan of subdivision (b) Aboveground Two years from the date Services of the registration of the final plan of subdi- vision 2. TEMPORAP,Y TURNING CIRCLES 3. Notwithstanding the provisions of sections G, 7 and 8 of this Agreement, the Owner shall. construct, t:t its sole expense and to the Town's a temporary turning circle at the westerly end o Maple Ridge Drive, which shall be removed and re- placed with permanent services at the Owner's expense, when the road is extended. DEMOLITION OF EXISTI14G BUILDINGS All structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 4. RESERVATION FOR FUTURE ROAD (1) Lots 215-221, inclusive, shall not be built upon or developed in any manner until such time as the Town, in its sole discretion, determines whether or not such lots, or any of them, or any part or parts of any of them, are required for the extension north- ward of Fieldstone Circle. SCHEDULE "A" (Cont'd) 4. RESERVATION FOR C'UTUPS' ROAD (Cont'd) (2) In the event that the Town requires such an ,extension, the Ownei shall convey, to the. Town, free and clear of all encumbrances, such lands within this plan as the Town may require and shall. construct, at the Owner';; sole cost and expense, such municipal ser- vices as the provisions of this Agreement require, as if the lands had been dedicated as public highway on the plan. (3) The reservation required in subsection (l), above, shall expire upon the granting of Ministerial draft approval to the draft plan of subdivision designated as Draft Plan 18T-80021 unless such approval requires, directly or indirectly, the extension referred to, in which case the reservation shall con- tinue until the provisionsoT Subsection (2), ,above, have been complied with. 5. FUTURE DEVELOPMENT Block 297 shall be reserved for future commercial development and be developed only following the entering into of a Site Plan/Development Agreement pursuant to the provisions of section 35a of The Planning Act, R.S.O. 1970, chapter 349, as amended. 6. PUMPING STATION (1) It is acknowledged and agreed that the Owner intends to convey to the Province of Ontario all of Lot 26 for the purpose of the con- struction of a pumping station associated with the York/Durham Sewer Project. (2) The provisions of the sections set out in the following Table are not applicable to the lands comprising Lot 26: Table Sections 2, 3, 4, 9, 15, 18, 19, 20(a), 21, 22, 23, 24, 25, 29, Schedule "A" - Sections 1, 2, 4, 5, Schedule "B" - Section 1, Schedule "C" - Sections 1, 4 and 5. SCHEDULE "A" (Cont'd) 7. WALKWAY PAVING_ The Owner agrees to construct a sidewalk between the curb on Barnwood Square adjacent to Block 296 and the sidewalk, to be constructed on Finch Avei,ue and along the full length of the walkway designa- ted as Block 296, across the full width thereof, according to the sidewalk specifications of the i Town in effect at the date hereof and to maintain l such sidewalk until it is formally accepted by the Town. d . 1 1 1 i t _ i 1 I 1 i . 11 j I, i 4 I SCH PULE, "B" 1. INDUSTR-,-AL/CO:^_^75PCT_'?T COMPONENT (1) The Owner shall construct within the Town of Pickering, industrial or commercial buildings having a total floor area of not less than 27,220 square metres, and based on the Town's 40 (industrial) - 60 (resi- dential.) ratio, shall be entitled thereby to 293 credits upon which the sa.ne number of residential building unit permits may be issued. (2) The required industrial or commercial build- ings shall be completed as follows; (a) the first 3,809 square metres on or. before December 31st, 1983; (b) the next 7,246 square metres on or before Decembler 31st, 1984; (c) the next 9,011 square metres on or before December 31st, 1985; and (d) the last 7,154 square metres on or before December 31st, 1986. (3) If, on the 1st day of January in any year from, after and including 1983, the required industrial or commercial buildings have not been constructed, then commencing in 1984, the Owner shall pay annually to the Town on the 15th day of January in each year, liqui- dated damages in the amount of $350 for eve:o:y 92.9 square metres or part thereof of the required industrial or commercial buildings not constructed on each January 1st. (4) The Ocm er shall leave deposited with the Town, its performance guarantee in the amount of $400,000 to guarantee the satisfactory com- pletion of the required industrial or co=.c r- cial 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 subsecticn (3), above. (5) The Town acknowledges that the Owner or an associated company has constructed an indus- trial or commercial building having a floor area of 5,574 square metres on McPherson Court in the Town, and therefore, has com- plied, as of the date hereof, (a) with the provisions of subsection (1), above, to the extent of 5,574 square metres; (b) with the provisions of subsection (2)(a), above, completely; and (c) with the provisions of subsection (2)(b), above, to the extent of 1,765 square metres. SCHEDULE. "A" (Cont'd) 1. ZNDUSTRTF.L/CC:^_MFRCI AL COMPONENT (font' d) (6) Notwithstanding the provisions of subsection (2), above, the Council of the Town shall have the right to extend the time limits set out therein. SCHf;DUhE "C" 1. ONTARIO HYDRO (1) The Owner shall protect and in no way encroach upon Ontario Hydre':; ownership rights to the north of the plan. (2) Without limiting the generality of the provi.- sions in subsection (1), above, the Owner shall, prior to construction, install approp- riate fencing to prevent trespassing and dumping on Ontario Hydro's lands. 2. ENGINEERING & DRAINAGE REPORT (1) The Owner shall, J (a) prepare a detailed engineering report. to the satisfaction of the Metropoli-tan Toronto and Region Conservation Author- ity, the Town and Ontario Hydro, des- cribing, (i) the storm water management techniques which will be employed to minimize the- amount of storm water.drain- ing from the site, - (ii) the development and construc- tion techniques and safeguards which will be used to control and minimize the effects of erosion and siltation on the site prior to, during and after the construction period, and (iii) the means of handling the existing watercourses affect- ing the site, (b) carry out, or cause to be carried out, any works recommended in the report referred to in (a) and approved by M.T.R.C.A., the Town and Ontario Hydro, and (c) obtain a permit under Ontario Regulation 735/73 prior to initiating the matters referred to in clause (a)(iii), above. (2) The Town shall not be liable for any costs whatsoever of the preparation or evaluati.cn - of the report referred to in (1), nor of tha carrying out of works resulting therefrom, and the owner hereby indemnifies the Town in this respect. SCHEDULE "C" (Cont'd) 3. 4 5 PERFOPU4ANCE & I?MINTENANCE GUARANTEE For the purposes of sections 12 and 14 of this Agreement, and without otherwise limiting the generality thereof, the term "work provided for herein" shall be deemed to exclude works required to be carried out pursuant to sections 1 or 2 of this Schedule unless such works are also required under a section in the Agreement other than sec- tions 1 or 2 of this Schedule. DURHAM HOARD OF EDUCATION (1) Block 298 shall be reserved by the Owner for acquisition by the Durham Board of Education as a public elementary school site. (2) Should the Board not wish to acquire Block 298 immediately, the Owner shall offer the Board an option to do so at a later date. (3) Should the Board not wish to acquire Block 298 immediately, and not wish an option to do so at a later date, or if it agrees to such an option but declines to exercise it, then, in either of those circumstances, the Owner shall forthwith offer Block 298 for sale to the Town. NOTICE TO PURCHASERS RE BUiTNG The owner shall include in any Offer to Sell or Agreement of Purchase and Sale respecting residen- tial units in the plan, notice that although there is a proposed elementary school site within the development, students may have to be transported to existing schools and that construction of a school will be subject to the further approval of the Ministry of Education. i scHFDULE "D" 1. PHASING (1) It is acknowledged and agreed that the Owner shall develop the plan of s,,:bdivision in seven phases, as shown on Map 1, attached hereto. (2) The phasing of the development shall include the phasing of the registration of the plan and the phasing of the construction of ser- vices. (3) This Agreement shall be registered on title to all the lands in the plan prior to the registration of the First Phase of the Plan. (4) (a) The First Phase of the plan shall be registered on or before July 15th, 1980. (b) The Second Phase of the plan shall be registered on or before May 30th, 1981. (c) The Third Phase of the plan shall. be registered on or before August 31st., 1981. (d) The Fourth Phase of the plan shall be registered on or before may 30th, 1982. (e) The Fifth Phase of the plan shall be registered on or before August 31st, 1982. (f) The Sixth Phase of the plan shall be registered on or before May 30th, 1983. (g) The Seventh Phase of the plan shall be registered on or before August 31st, 1983. (5) 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, 30, 31, 32, 33 and 36 Schedule "A" - Sections 1, 2, 3, 4, 5 and 6 Schedule "B" - Sections 1 and 4. (6) The provisions of section 22 shall be appli- cable to all Phases but shall take effect so as to require the housing units to be comple- ted as follows: SCHEDULE "D" (Cont'd) 1. PHASING (Cont'd) (a) forty-one (41) units within 2 years of the date of registration of Phase One; (b) a further thirty-eight (38) units within 2 years of the date of registra- tion of Phase Two; (c) a further forty (40) units within 2 years of the date of registration of Phase Three; (d) a further forty-three (43) units within 2 years of the date of regis- tration of Phase Four; (e) a further fifty-four (54) units within 2 years of the date of registration of Phase Five; (f) a further sixty-five (65) units within 2 years of the date of registration of Phase Six; (g) a further twelve (12) units within 2 years of the date of registration of Phase Seven. (7) The provisions of section 25 shall be appli- cable to all Phases but shall. take effect so as to require the security to be provided a, set out below: (a) $61,500 prior to the registration of Phase One; (b) a further $57,000 prior. '-o the r_egie tration of Phase Two; (c) a further. $60,000 prior to the regis- tration of Phase Three; (d) a further $64,500 prior to the regis- tration of Phase Four; (e) a further $81,000 prior to the regis- tration of Phase Five-, (f) a further $97,500 prior to the regis- tration of Phase Six; (g) a further $18,000 prior to the regis- tration of Phase Seven. (8) The provisions of section 29 shall be appli- cable to all Phases but shall take effect so as to require the conveyance to be made within thirty (30) days of the registration of Phase One. (9) 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 4, thereof, to be provided as set out below: is SCHEDULE "D" (Cont'd) 1. PHASING (Cont'd) (a) $100,000 prior to the registration of Phase Two; (b) a further $170,000 prior to the reg- istration of Phase Four; and (c) a further $130,000 prior. to the reg- istration of Phase Six. (10) The provisions of the sections set out in the following Table shall be applicable to all Phases and shall take effect upon the regis- tration of this Agreement, subject to the provisions of subsections (6), (7), (8) and (9) of this section. Table Sections 1, 2, 3, 10, 11, 14, 17, 19, 21, 22, 25, 26, 27, 28, 29, 34, 35, 37, 38, 39, 40 and 41 Schedule "A" - Section S Schedule "B" - Section 1 - - Schedule "C" - Sections 1, 2, 3, 4 and 5 Schedule "D" - Sections 1, 2, 3 and 4 Schedule "D" - Map I 2. CONSTRUCTION TRP_F?IC (1) Construction traffic shall enter the subdivi- sion only by means of temporary entrances, constructed and maintained by the owner, across lots in subsequent Phases, except for such traffic entering Phase Seven. (2) The provisions of subsection (1) are subject: to the approval of the Regional Municipality of Durham. (3) "Maintained" in subsection (1), above, shall include such dust control measures as the Town may from time to time direct to be car- ried out. 3. RESERVES REQUIRED AT PHASE LIMITS Notwithstanding the provisions of section 16 of this Agreement, the Owner shall convey to the Town such temporary reserves as the Town's Direc- tor of Public Works deems necessary in ozder to protect dead ends f:nd open sides of road allow- ances created as a result of the phased registra- tion of this plan. V SCHEDULE "D" (Cont'd) 4. P ARY.LANp T_MnTZn?_;c.},nc^n;?+S (1) No later than ten (1.0) months after the rcc;- istration of Phase Three, the O.,,ner r,hall complete, at its sole expense, and to the satisfaction of the Director of Parks and Recreation, the ground development o Block 299, which development shall include rough grading, fine grading, seeding, tree planting, fertilizing and the const ruction of walkways. (2) No later than two years after the completion of the ground development referred to in sub- section (1), the Owner shall commence the construction of those aboveground recreation facilities approved by the Director of Parks and Recreation, which facilities shall be completed within twelve (12) months. 5. PARKLAND ACCESS PHASING (1) Notwithstanding any other provision in this Schedule, and although a portion of Street B (Bushmill Street) is to be included in Phase One, the Owner shall be .required, in Phase Three, to construct that portion of the said street which serves, in Phase One, only Block 299, as a 6 metre wide asphalted access road. (2) That portion of Street B (Bnshmi.l.l Street.) referred to in subsection (1), above, shal1 be completed to full municipal stindards, by the Owner, as if it was included in that part: of the plan to be registered as Phase ix. AFT'JDlvlT OF ,uec?.ruslric lirrl?!?,;s I, GLORIA HARRIS of the CITY OF TORONTO in the MUNICIPALITY OF METROPOLITAN TORONTO make oath and say: I am a subscribing witness to the attached instrument and I was present and saw it executed at Toronto by GRANT W. HILLOCK and JOHN A. HUTCHINSON as attorneys for The Royal Bank of Canada. I verily believe that the persons whose signatures I, witnessed t were authorized to execute the instrument as attorneys for The Royal Batik of Canada. I know the said persons and they are, and at the time of the execution of the instrument they were, a Manager, Commercial Lending and an Asst. Manager, Commercial respectively, of The Royal Bank of Lending Canada. I am an employee of The Royal Bank of Canada and as such have personal' knowledge of the matters deposed to herein. SWORN BEFORE ME at the Qty of Toronto in the flunicipality of Metropolitan Toronto this 5th day of AUGUST 19gG. A c m.nissioner for to aff davits, etc. TAMES EMVARO LENNOX, a Coitb rnfssioner, et-., Frcvince of Ontario for The R,,y I k .t C-n.:aa. ExPires irl; reh 1's83. 1f 1 L DENIS R. MURP11Y of the CITY OF TORONTO in the MUNICIPALITY OF METROPOLITAN TORONTO make oath and say: .mote I am a subscribing witness to the attached instrument and I was present and saw it executed at by PETER KIFZYL-ND 1.1, FPSi ALL. .mats I verily believe that each person whose signature I witnessed is the party of the same name refer Ted to in the instrument. SWORN before me at the day ofulf I9 ?? this 9/-/, ? eo...,.uwen eon r. u.p'.rno+v?ra, e>e. • Where a ,a.tV b unable to read the inrbvnrent or mhare a parry ,iC.u by v,Eny hi, mark ar fmngn chvor+r+r add "after the i?u:rvmmt had barn end to hi,n and Le appeared ful:y to u.der.,: end it". 'd'he+e a -,.red wnJer e pa?urr ;./ ma.nry i•unY '"(nano at xrnmry) at e::omry far (name at par:%P; .nd for .,V da": ruha: itute "1 vr+11y believe thn[ the pentn u..o,e .ignnnoa 7 uritneved mw .uOw,:r<d to neeum the irLrtrvmnu m o::aroe /ur (mmeJ". . [n>a AFFIDAVIT AS TO AGE AND SPOUSAL. STATUS l/ )P9 PF'3"r.R KIF2KL.A?X-3 1,V`•.FSF1jLT„ of the in the :.raer make oath and say: When I executed the attached instrument, > Laote 1/)}0C @Tci_s at least eighteen years old. Within the meaning of section 1(f) of The Family Law Reform Act, 1978:- oat wjtble r imontet ? tee C'. >tnae. nt e( L ete. h}-?Irc?LZrc"spaarsaf-mr- =no!?rcr. (SEVERALLI7 SWORN before me at the L°(y! l this g?/-/day of 19 ..YIL.10»L11 ..11 }.?»?IITO..1.?{ •wnoe e(tld.0t m.Je 8y am .u Artitute: "IVA.n 1 rurv f.d the almrhed in r!rvmrnt ar attorn nr (or /nam.), Ae/ahr n a. /r rou.al ,n .tat.. aad. It aro.h.u6b. n a/ rrv' •el ;thin the I n no at .r etLn IM u/ 7'X- rm du L.,,, R,t ,e ct xae .?/, arvnt . 1070. a.a vArn hehh. urcubd tqe ,n,.rr u/ ntt.?r .o, Ae. •hr l..,A urt.u n,d IN, th v"