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HomeMy WebLinkAboutBy-law 855/78THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 855/78 Being a By-law to authorize the execution of a Subdivision Agreement between the Corporation of the Town of Pickering and Bramalea Limited respecting Block A, Plan M-1057 (draft Plan 18T-76053) WHEREAS Bramalea Limited proposed to subdivide Block A, Plan M-1057, which proposal has received the approval of the Council of the Corporation of the Town of Pickering and the Ministry of Housing, subject to certain conditions, including the entering into of a 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 a Subdivision Agreement in the form attached hereto as Schedule "A" be- tween Bramalea Limited and the Corporation of the Town of Pickering with respect to Block A, Plan M-1057 (draft Plan 18T-76053). BY-LAW read a first, second this ID & day of jn U v AP A#S1 U FLilj' G and third time and finally PASSED 1978. \JWMAM" Clerk 4 Nw SCHEDULE "A" TO BY-LAW NUMBER $55 bi THIS AGREEMENT made this feu. day of lW1 B E T W E E N: BRAMALEA LIMITED hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" 1978. OF THE SECOND PART, - and - hereinafter called the "Encumbrancers" OF THE THIRD PART. WHEREAS the Owner proposes to subdivide and register a plan of subdivision of Block "A", Plan M-1057, Town of Pickering, as shown on a draft plan of subdivision prepared by I.M. Pastushak Limited, Ontario Land Surveyors, dated September 8,1976 and revised October 5, 1977, and given draft approval by the Minister of Housing on June 16, 1977, (which approval was amended on February 13, 1978) as draft plan 18T-76053, revised; AND WHEREAS Bramalea Consolidated Developments Limited (now Bramalea Limited, the owner herein) and The Corporation of the Township of Pickering (nxa The Corporation of the Town of Pickering, the Town herein) entered into an agreement dated the 17th day of December, 1973, (Notice of which agreement was registered on the 5th day of March, 1976 as Instrument No. LTD 16542) pertaining to the development by subdivision of part of Lot Number 28, Concession 1, Township of Pickering (now Town of Pickering); AND WHEREAS Block "A", Plan M-1057 is part of the lands to which the aforementioned agreement applies; AND WHEREAS the Encumbrancers have certain rights or interests in the nature of encumbrances relating to the lands affected hereby; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consid- eration of the Town approving the said proposed plan of sub- division, and the covenants hereinafter expressed, the parties hereto covenant and agree one with the other as follows: - 2 - PART I - PROPERTY DESCRIPTION LAND AFFECTED The lands affected by this Agreement are: All and singular that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering,in the Regional Municipality of Durham and Province of Ontario, and being composed of the whole of Block "A"according to a plan registered in the Land Titles Office for the Registry Division of Durham as Plan M-1057. - 3 - PART II - SERVICES 2. OWNER'S GENERAL UNDERTAKING The Owner agrees to complete at his own expense and in a good workmanlike manner, for the Town all the munici- pal services as hereinafter set forth to the satisfaction of the Director of Public Works for the Town of Pickering, and to complete, perform or make payment for such other matters as may be provided for herein. 3. CONSULTING ENGINEERS ii The Owner agrees to retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and generally supervise the work required to be done for the development of the subdivision. Such Consulting Engineer or a 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 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 on the said plan of subdivision and adjacent road allowances and to provide capacity for lands upstream of the 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 subdivision to service the subdivision and the aforementioned lands outside the subdivision which, in the opinion of the Director of Public Works, will require their use as trunk outlets. Should, in the opinion of the Director of Public Works, an inad- equate stream or structure exist in the outlet system outside the subdivision, the owner may be required to carry out such works as are necessary to provide i adequate outlets. The Town may connect or authorize connection into any part of the system but such connection shall not con- stitute acceptance of the sewer system by the Town. 5. ROADS - ROUGH GRADE Prior to the installation or construction of the rele- vant municipal services provided for herein, the owner agrees to rough grade to the Town's specifications to the full width the proposed road allowance 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 installa- tion of electric, telephone, gas or other utilities. - 9 - 6. ROADS - PAVED The Owner agrees to construct all the roads as shown on the said plan of subdivision according to the specifica- tions for paved roads of the Town in effect at the date hereof including such boundary or approach roads as may be necessary to provide an adequate access. The speci- fications for boulevard grading, sidewalks and sodding shall apply to existing roads adjacent to the said plan of subdivision. The Owner covenants and agrees that until assumption by the Town, it will maintain and re- pair streets both within and outside the subdivision where construction has taken place or is used by traffic entering the subdivision and keep them clear of dust, refuse, rubbish, or other litter of all types. The Owner will erect and maintain adequate signs to warn all persons using such roads that they have not been assumed by the Town from the time that they are opened until formal assumption by the Town. 7 8 9 10. CHANGE OF ROAD GRADE When, in the written opinion of the Director of Public Works it is necessary to change the grade of existing Town roads adjacent to or abutting the said plan of subdivision, the Owner agrees to grade the roads to subgrade and provide sufficient granular base for a standard two-lane roadway in the manner and at the time stipulated by the Director of Public Works and in accordance with the specifications of the Town. CURBS AND GUTTERS The Owner agrees to construct curbs and gutters on all the roads shown on the said plan of subdivision, 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 construct a curb depression in the correct location and fill in the original curb depression according to the said specifications. SIDEWALKS The Owner agrees to construct sidewalks on the east side of the 66 foot wide section-of 'A' Place shown on the said plan of subdivision according to the specifications of the Town in effect at the date hereof and to maintain them until they are formally accepted by the Town. UNDERGROUND ELECTRIC DISTRIBUTION AND STREET LIGHTING Underground electric distribution services shall be provided for all lots and blocks within the subdivision according to the standards and specifications of the appropriate authority. The Owner shall make such fin- ancial arrangements as may be required to ensure the construction of those services. The Owner agrees to pay all costs of installation of street lighting, including poles and other necessary appurtenances for the lighting of all streets including boundary roads and pedestrian walkways on the plan. The lighting shall be designed and installed in accordance with standards established by the Town and in conformity - 5 - with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. The instal- lation of all works provided for in this clause shall be constructed under the supervision and inspection of the aforesaid authority. 11. INSPECTION OF WORK All works required to be constructed by the owner shall be installed under the observation of Inspectors employed by the Town and the Owner agrees to pay the costs incurred (Salaries and Expense) therefor within ten days of their being rendered, in accordance with the rates set out in Schedule "C" hereto. 12. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Town Clerk 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 on the subdivi- sion. The amount of the said policy shall be $1,000,000.00. In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner agrees to pay the cost of such renewal or renewals within thirty (30) days of the account therefor being ren- dered 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 and to supply proof that the premium has been paid in order that the guarantee provided by the Liability Insurance Policy shall not lapse. 13. PERFORMANCE AND MAINTENANCE GUARANTEE Before commencing any of the work provided for herein, the Owner shall supply the Town with a 100% Performance and Maintenance Bond in form satisfactory to the Town and in the amount of $ , to guarantee the satisfactory completion of the work and to guarantee the workmanship and naterials for a period of two (2) years from the date that the said works are approved in writing, by the Director of Public Works. Such Performance and Maintenance Guarantee may, at the option of the Owner, be made up of part bond and part cash, or all cash, or letter of credit. The Owner may from time to time apply for a reduction in the bond, cash or letter of credit and such application shall be made to the Town upon written verification of the Director of Public Works that the services for which reduction is being sought have been satisfactorily completed, provided such reduction shall not reduce the amount of the security to any amount less than ten per cent (10%) of the original value, which ten per cent portion shall apply as the security for maintenance until the obligation to maintain has expired, when the balance of the security shall be returned to the Owner subject to any deductions for maintenance purposes required pur- suant to this agreement. - 6 - 14. DRAINAGE - SODDING The Owner agrees to provide the Town, prior to the com- mencement of the development of the 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 drain- age of all adjacent lands which drain through the said subdivision. The said Grading Control Plan is to be prepared in accordance with the Town's Lot Drainage Spec- ifications in effect at the date of this Agreement. The grading of the lands shall be carried out in accordance with such 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 subdivision by the Town, the Owner agrees to correct them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. The Owner agrees to sod the front, side and rear yards of each of the lots or blocks except for paved or planted areas, upon the completion of the construction of buildings thereon. 15. INCOMPLETED OR FAULTY WORK If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed li 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 not- ify the Owner and his surety in writing of such default or neglect and if such notification be with- out effect within ten (10) clear days after such notice then in that case the Director of Public Works h shall thereupon have full authority and power immed- iately to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work 4 ! 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 cal- culated 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 (200) of the labour and material value, and fur- ther, a fee of thirty per cent (300) 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 par- graph is one of the considerations, without which the Town would not have executed this Agreement. i it I f - 7 - 16. DEDICATIONS The Owner shall dedicate to the Town 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 proposed street shown as 'A' Place on the draft plan of subdivision, together with any daylight triangles required by the Town. 17. TRANSFERS CONVEYANCE 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, a reserve along the north side of Lot 14, where that side of the lot abuts 'A' Place. 18. TRANSFERS-EASEMENTS The Owner shall arrange at no cost to the Town for grant- ing to the Town such easements as the Director of Public Works or his designate shall deem necessary for the pro- vision of storm sewer services both within the boundaries of the development and across lands adjacent to the development 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 ease- ments shall not commence until the easement has been acquired,unless permission to do so has been obtained by the owner, in writing, from the Town and from the registered Owner of the lands across which the easement shall lie. 19. STREET NAMING The Town shall name 'A' Place to its satisfaction and to the satisfaction of The Regional Municipality of Durham. 20. SERVICE CAPACITY This Agreement shall be subject to the owner entering into satisfactory arrangements with the Town and The Regional Municipality of Durham with respect to the allocation of sewage treatment plant capacity and water capacity for the development. / i j i - 8 - 21 GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Drivcway Approaches To pave the driveway approaches between the curb and sidewalk, it being understood that the sidewalks are normally located three feet from the property line. (b) Ontario Hydro Rights-of- In the event that a right-of-way of Ontario Hydro passes through or is immediately adja- cent to the lands herein, to fence such right-of-way on both sides, or the adjacent side thereof, as the case may be, prior to developing the adjacent lands. The fence is to be of construction and design as may be approved by the Town. (c) Continuation of Existinq 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 workman- like manner. (d) Public Lands - Fill and Debris To neither dump nor 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 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 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 his lands or any pub- lic lands. (e) Qualitative or Quantitative Tests The Director of Public Works may have qual- itative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any ser- vices required by this Agreement, and the cost of such tests shall be paid by the owner within ten (10) 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 similar- ly 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. - 9 - (g) Pedestrian Walkways Where the Town requires a pedestrian walkway, to construct it according to plans and speci- fications approved by the Director of Public Works. (h) Specifications Unless otherwise provided to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. P. (i) Temporary Signs To provide and erect at its own cost temporary street signs at locations designated by the Director of Public Works and to erect signs denoting the future use of lands within the subdivision not scheduled for immediate devel- q opment and such signs shall be according to ?i the specifications of the Town. (j) Permanent Signs To provide and erect at his own cost, perman- ent signs at locations designated by the Director of Public Works to the specifications of the Town. (k) Engineering Drawings Prior to the final acceptance of the subdivi- sion to supply the Town with the original drawings of the Engineering Works for the subdivision, with amendments, if any, noted thereon. (1) Snow Plowing and Sanding of Roads If, in the opinion of the Director of Public Works, the condition of the road surface is not acceptable to him for winter control, to snow plow and sand such roads from such occupied buildings to existing Town roads or to subdivision roads that receive the Town's winter control service, including alternate means of access where available. 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. (m) Survey Monuments and 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. - 10 - PART III - CONSTRUCTION AND OCCUPANCY OF BUILDINGS 22. CONSTRUCTION AND OCCUPANCY OF BUILDINGS (a) The Owner agrees that no building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (b) The owner further agrees that no building or part of a building in the subdivision shall be occupied except on the following conditions: (i) Sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (ii) A municipal occupancy permit has been issued; (iii) Electric service is completed and in operation; and (iv) Curbs have been constructed and an asphalt base laid on the road immediately in front of the building or part thereof and both extended to an existing maintained public road. (c) The owner agrees with the Town that should any building or part thereof in the subdivision be occupied in contravention of any or all of the provisions contained in subsection (b), above, then in that event the Owner shall pay to the Town the sum of $1,000.00 for each building or part thereof so occupied as liquidated damages for such contravention. The issuance by the Town of municipal occupancy permits for each and every building on any lot or block in the subdivision shall be deemed to be a release from the provisions of this subsection with respect to that lot or block. (d) The Owner further covenants and agrees to main- tain vehicular access to all occupied buildings on the 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 subdivision. 23. TIME LIMIT FOR CONSTRUCTION The Owner agrees to construct or cause to be constructed forty-six (46) housin4 units which shall be completed within three (3) years of the date of registration of the plan. - 11 - 24. SITE PLANNING (a) The Owner agrees that prior to the issuance of building permits for any of the units to be erected on the lands it shall submit architectural and siting plans for all of the units to the Town for approval. The Owner agrees to engage the services of only one architectural firm at one time to co-ordinate the design for all units and that firm is to be the co-ordinator throughout the design approval process. (b) The siting plans may be required, at the Town's option, to provide the following information: (a) street scape for front and rear elevation at a scale acceptable to the Director of Planning; (b) street scape to show all street furniture and vegetation; (c) the relationship of buildings by blocks; and (d) any other data or information required by the Town. 25. LANDSCAPE PLANNING The Owner agrees that prior to the issuance of building permits for any of the units to be erected on the lands, it shall submit a landscaping plan for all of the lots and blocks on the plan to the Town for approval. The Owner further agrees that upon approval by the Town of a landscaping plan, the landscaping works shown on the plan shall be constructed, installed or planted, as the case may be, in conformance with the landscaping plan according to the time limits set out in Schedule "A". - 12 - 26. 27. 28. FINANCIAL PAYMENTS The Owner agrees to pay to the Town the sum of $1,000.00 for each dwelling unit for which a building permit is received. No building permit shall be issued for any dwelling unit unless payment of the $1,000.00 per unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. Pay- ments 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 paragraph 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. LETTER OF CREDIT The Owner shall, immediately prior to the registration of the plan, deposit with the Town an irrevocable bank letter of credit payable to the Town, in a form satis- factory to the Town, for the sum of $46,000.00 as security for: (a) the payments referred to in Section 26 hereof, and, (b) the payment of liquidated damages referred to in subsection (c) of Section 22 hereof. RAL 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 regis- tration to prepay any outstanding local improvement charges which are levied against any of the lands on the said plan of sub- division. (c) Interest To pay interest at the rate of fourteen per cent (140) 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 registra- tion of the plan of subdivision or any other related documentation, including transfers, in the Land Titles Office. (e) Lien or Other Claims Upon applying for final acceptance of the sub- division, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guar- antee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivision or if such claims do exist, the owner agrees to indemnify the Town against any claims, actions, or demands for mechanics' liens or otherwise and all costs in connection therewith. 29. EXPIRY OF SECURITIES (1) 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 the 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 be, to take effect upon the expiry. Such further letter of credit or bond shall be to the satis- faction 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 for the same purposes as any further letter of credit or bond. (2) TERMINATION OF LEVY/OCCUPANCY SECURITY The letter of credit required to be deposited with the Town pursuant to the provisions of section 27, above, may, notwithstanding the provisions of subsection 1 of this section, be terminated or cancelled by the Owner at any time after the Municipal Occupancy Permit for the last dwelling to be constructed on these lands has been issued by the Town. - 14 - PART V - PARKS AND TREES 30. PARK DEDICATION The Owner and the Town hereby agree that, as a result of previous agreements between them, or their predecessors, Bramalea Limited has, at the date hereof, dedicated to the Town 2.334 acres of parkland in excess of require- ments,and that therefore this amount of parkland stands to the credit of Bramalea Limited. The Owner and the Town further agree that the Owner shall provide 0.56 acres of parkland with respect to the within subdivision and that that amount of parkland shall be made available to the Town by Bramalea Limited from the above-mentioned credit, leaving a credit remaining of 1.774 acres. 31. OPEN SPACE/PARK FENCING The Owner shall be required to place and maintain a tem- porary fence along all boundaries of existing or proposed parkland, open space or walkways, within the subdivision or adjacent to it, prior to the commencement of any con- struction, including rough grading in the subdivision. Upon completion of final lot grading and seeding or sod- ding the lands in the subdivision, the Owner shall erect a permanent fence along all boundaries of parkland, open space or walkways within or adjacent to the lands in the subdivision. Such fence shall be six feet high and con- structed of nine gauge galvanized, steel link fencing with maximum two inch mesh, unless substitution is authorized in writing by the Director of Parks and Recreation. 32. DRAINAGE ONTO OPEN SPACE/PARKLAND The Owner shall ensure that the lands within the subdi- vision do not drain surface run-off water onto parkland, open space or walkways. 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 twenty feet from the property line, suit- able swales and catchbasins to adequately manage, in the opinion of the Director of Parks and Recreation, all surface run-off water, draining onto parkland, open space or walkways from the lands within the subdivision. 33. TREE PLANTING (a) 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 Parks and Recreation prior to the planting of any trees. A list of acceptable tree species and sizes will be provided. (b) The trees approved by the Town shall be planted by the Owner no more than 3 months after final grading is done in the specific area. (c) (i) The Owner shall provide at least one 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 $35.00 per unit for tree planting in a public land area in the vicinity. - 15 - PART VI - GENERAL PROVISIONS 34. PREVIOUS AGREEMENT The parties hereto hereby agree that the provisions of the above-mentioned agreement dated December 17, 1973 shall not apply to the lands affected by this agreement, from and after the date of registration hereof. The Town hereby releases the Owner from the said agreement, as amended insofar as the lands af- fected by this agreement are concerned. 35. The Owner agrees with the Town: (a) Licence to Enter To retain a licence from any subsequent pur- chaser of the aforesaid lands to enter upon such lands in order to comply with the pro- visions of this Agreement. (b) Cancellation of Agreement In the event the plan of subdivision is not registered on or before August 13, 1979, the Town may, at its option on one month's notice to the owner, declare this Agreement to be null and void. (c) 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 date of the deposit thereof in the Post Office. 36. The Encumbrancers agree with the Town that this Agreement shall have priority over and take precedence over any rights or interests they may have in the lands 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 regis- tered on title to the lands affected hereby, or any part of them,prior to the registration of this Agreement. 37. 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", respec- tively,and the number of the verb agreeing therewith shall be construed accordingly. 38. The provisions in Schedules "A", "B" and "C" attached heret shall form part of this Agreement. 39. Time shall be of the essence of this Agreement. 40. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the parties - 16 - hereto,their successors and assigns. IN WITNESS WHEREOF the said Parties have hereunto affixed their Corporate Sealsattested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED AND DELIVERED BRAMALEA LIMITED Per: Per: THE CORPORATION OF THE TOWN OF PICKERING Clerk AO -6w Per: Per: SCHEDULE "A" 1. TIME LIMIT FOR WORK AND GUARANTEE FOR WORKMANSHIP AND 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 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. Any work 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 of Services the registration of the final plan of subdivision SCHEDULE "B" 1. INDUSTRIAL-COMMERCIAL COMPONENT (1) The Owner shall construct, within the Town of Pickering, industrial buildings having a total floor area of not less than 46,000 square feet, and based on the Town's 40 (industrial) - 60 (residential) ratio, shall be entitled thereby to 46 credits upon which the same number of residential unit building permits may be issued. (2) Notwithstanding the provisions of subsection 1 the owner may choose to construct, and if it so chooses, shall construct within the Town of Pickering, in lieu of the industrial buildings referred to, commercial buildings having a total floor area of not less than 29,500 square feet, and based on the Town's 30 (commercial) -70 (residential)ratio, shall be entitled thereby to 46 credits upon which the same number of residential unit building permits may be issued. (3) Should the owner choose to construct commercial buildings as provided for in subsection 2, then in that event the owner shall, (a) give notice of its choosing to the Town, in accordance with the provisions of clause c of section 35 of this agreement, )a?-e (b) construct such commercial buildings in one phase on only one site within the Town of Pickering. (4) The required industrial or commercial buildings shall be completed on or before the 31st day of December, 1980. (5) If, on the 1st day of January, 1981, the required industrial or commercial buildings have not been constructed, then commencing in 1981, the Owner shall pay annually to the Town on the 15th day of January in each year the sum of $16,000.00 as liquidated damages until the required industrial or commercial buildings have been constructed. (6) The Owner shall leave deposited with the Town its Performance Guarantee in the amount of $80,000.00 to guarantee the satisfactory com- pletion of the required industrial or commercial buildings on or before the 31st day of December, 1980, and to secure the payment of any liquidated damages that may become payable under (5) above. SCHEDULE "C" TOWN OF PICKERING INSPECTION SALARIES & EXPENSES CALCULATION BASIS Senior Inspector Inspector $9.66 per hour $6.77 per hour Salaries subject to 15% surcharge for fringe benefits. Plus cumulative 15% surcharge for overhead and administration. MILEAGE - Inspectors 22C per mile Plus surcharge 15% for overhead and administration. FIELD AND LABORATORY TESTING - Soils ) Charged to owner - Concrete ) at Town's Cost - Asphalt ) - Others ) The above rates are subject to variation depending upon the wage and expense rates payable by the Town to its employees. b F r3 Y J o Xvo£7 (D nxo YN• M ?J ?j LQ LQ ro r Y• OWN K n h o Y N LQ 0 0, r N C r n J a rb d C H H 0 z n r? z H rb O t7' ? I I ro I H , I ? H H ? z d ? H x tj n 0 77 ro O H z Ft H x e? H O d H t?f b a 0 T? K - 0 U' F- N - ?_ 1-1L!11. .Ipr'OUr_L I! "F Uo 0 0 SHADYBROOK a®? C N. D O O Tn W F- D O ° O S??N RAILWAYS 540 PARO D o moo, LANE u O O O f? / n T-_ ??J' O ° 4 D OVE in -Al O O , V TOWN OF PICT E RING -- Planning Department PROPERTY DESCRIPTION BLOCK 'A' PLAM M- 1057 APPLICATION No APPLICANT A10 /77 BRAMALEA CONSLD DEVOID / DATE O 200 400 - NOV 4 / 77 ? Da 1 scale m feel DRAWN BY: CRFCKFD BY: M.A. D.M, BRAQ MA V.FA U, R-A IT ED I ,.L1 i N. 72° 541 E. 33674' I? 65*• 65, 65 65 65 ? '? 1 f o ? s3 O, / A t° 2 3 =? 4 5 = y / t l _1 7 4 C Q4 i \ 19 0. 20 21 8 m J. 65, 65 63• IIO --- 18 22 O eJ 9 `o - - 0i j <rr - y - _? 17 23 10 0' C u -- 0 135' Q 150, 110 3 t L - Q ?L Z' rr Q 'O - - 16 °? 15 14 .a ° 12 ° II ?- 70, 70' . 70, )O' 70 75 ,R_150 ?' - - - pp N. 72°54 15E:---? 476.74 A=2306 C,0.,R T 71 -1 T_ - - - Job No. 76-52 Designed S - D.R Drawing No. ;• Date October 5,1977 Drawn FM. Scale 00 Checked M` 13 Johnson Sustronk Weinstein 2 ? + Associates Limited 819 Yonge Street, Toronto 5, Ont.