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HomeMy WebLinkAboutBy-law 3689/91THE CORPORAT~IO~N_ OF THE TOWN OF PICKER1N~ DY-LAW NO. 3689/91 Being a by-law to authorize the execution of a Subdivision Agreement and related documentation respecting the development of Part Block L, Plan 418, Pickering (Jerry Zasadnyj & Rosenmry Sowa; 18T-88095). WHEREAS the proposal to subdivide and register a plan of subdivision of part of Block L, Plan 418, Picketing, has been recomanended for approval by the Council of The Corporation of the Town of Picketing and approved by the Commissioner of Phuming of the Regional Municipality of Durhmn as Draft Plan 18T~88095, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement with The Corporation of the Town of Picketing, pursuant to the provisions of the Planning Act 1983, S.O. 1983, chapter 1, section 50(6); and WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter 302, section 193( I ), the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring any land or interest therein for the purposes of the corporation; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form attached hereto as Schedule A, between Jerry Zasadnyj and Rosemary Sowa and The Corporation of the Town of Pickering, respecting the development of Part Block L, Plan 418, Picketing (Draft Plan 18T-88095). 2. (1) (2) The Corporation of the Town of Picketing shall acquire interests in the nature of easements over those lands described in section 21 of tile Subdivision Agreement attached hereto as Schedule A, subject to the terms and conditions set out therein, for storm drainage purposes. The Mayor and Clerk are hereby authorized to execute Transfers of Easement, in the form attached hereto as Scbedule B, effecting the acquisition by The Corporation of the Town of Picketing of the interests referred to in subsection (1). BY-LAW read a first, second and third time and finally passed this 2nd day of April, 1991. Wayne Artlm~s, Mayor TOWN CF PlCKERING APPROVED AS TO FORI','I LEGAL DEPT. aylor, c er SCItEDLILE A THIS AGREEMENT made this day of ,1991. BETWEEN: JERRY ZASADNYJ and hereinafter ~..,llectively called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to subdivide part of Block L, Plan 418, in the Town of Picketing, in the Regional Munici~.ali~ of D.urham, and to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-88095; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: The lands affected by this Agreement (the "Lands") are Lots I to 6, both inclusive, and Block 7, Plan 40M- , Picketing. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before June 30, 1991, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day inunediately following the date of the deposit thereof in the Post Office. (I) Whenever in this Agreement the word "Owner", or "Encumb~ancer" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", "Encumbrancer or Encumbrancers" and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. Time shall be of the essence of this Agreement. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in ~.zder to comply with the provisions of this Agreement. OWNER'S GENERAL UNDERTAKING The Owner shall 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 Town, and shall complete, perform or make payment for such other matters as may be provided for herein. CONSULTI/qG ENGINEERS The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the plan of subdivision. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. The Owner shall construct a complete storm water drainage and management system, including storm connections to the street line and catch basin leads, to service all the lands in the plan of subdivision, and Gillmoss Road adjacent to the plan, and to provide capacity for lands upstream thereof according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris frown whatever cause, until it is formally accepted by the Town. (2) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of sufficient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivision, the Owner may be required to carry out such works as are necessary to provide an adequate outlet. (,4) The Town may connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the sewer system by the Town. (5) No connection under subsection 4, above, shall be undertaken or authorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. O) The Owner shall reconstruct both sides of Rosebank Road adjacent to the plan of subdivision and the north side of Gillmoss Road adjacent to Lot 6, according to the Town's specifications for paved roads of the Town in effect at the date hereof. (2) Until assumption by the Town, the Owner shall maintain and repair roads outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. 2 (4) (5) The Owner shall erect and maintain adequate signs to wam all persons using Gillmoss Road or Rosebank Road that construction is taking place. Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. (1) The Owner shall constr~ct, reconstruct or repair, as the case may be, curbs and gutters on both sides of Rosebank Road and the north side of Gillmoss Road, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a driveway, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 13. (1) The Owner shall construct a sidewalk on the east side of Rosebank Road adjacem to Lots I to 6 and on the north side of Gillmoss Road adjacent to Lot 6, within the six months immediately following the occupancy of the first dwelling unit to be occupied on any lot adjacent thereto, despite the provisions of section 1 of Schedule A. (2) Despite the provisions of subsection (1), where the occupancy of the first dwelling unit occurs in November or December of any year, the time limit for construction of the sidewalk shall be extended to June 30 in the following year. (3) The Owner shall maintain each segment of sidewalk until it is formally accepted by the Town. 14. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Commission, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 15. (1) The Owner shall install street lights on Gillmnss Road adjacent to the plan and upgrade street lighting on Rosebank Road adjacent to the plan, including poles and other necessary appurtenances. (2) Electrical service for street lighting shall be provided underground and not aboveground. (3) Street lighting and its related electrical service 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. (4) The installation of street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 16. (l) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $210 as an engineering drawing inspection fee. (2) All works requited to be constructed by the Owner, except those referred to in sections 14 and 15 shall be installed under the observation of Ins .p~.ctors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. 3 17. LIABILITY INSURANCE (l) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Certificate of Insurance verifying that a Liability Insurance Policy is in place in a form satisfactory to the Town, naming the Town as an insured and indemnifying the Town from any loss arising from claims for damages, Injury or otherwise in connection with the work done by or on behalf of the Owner in the plan of subdivision and elsewhere. (2) The amount of the policy shall be $5,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewal or renewals within 30 days of the account therefor being rendered by the Town. (4) It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 18. PERFORM. A.NCE & MAINTI~NANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or performance of the works; (b) guaranteeing the payment of any amounts payable to the Town under this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by payment into court; and 4 (4) (c) seventeen per cent (17%) of the original value where, (i) a certificate of final completion has been made by the Owner's Consulting Engineer; (ii) 45 days following the making of such certificate have expired; and (iii) all liens that may be claimed against any holdback required to be retah~ed by the Town have expired or have been satisfied, discharged or provid,~4 for by payment into court; which seventeen per cent (17%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the security shall be retumed to the Owner subject to any deductions for rectification of deficiencies. Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection l, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 19. DRA. IlqAGE - SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the conmqencement of the development of the plan of subdivisi?n, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the Lands to provide for the proper dr..a?.ag.e thereof and the drainage of all adjacent lands which dram through the plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement, and shall not provide for the drainage of surface mn-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suitable swales and catch basins to manage adequately, in the opinion of the Town's Director of Community Services and Facilities, that surface mn-off water. (3) The Grading Control Plan is subject to the approval of the Town's Directors of Public Works and Community Setwices and Facilities. (4) The grading of all lands shall he carried out by the Owner in accordance with the approved Grading Control Plan, under the supen, ision of the Owner's Consulting Engineer. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. (6) Despite any time limit otherwise applicable pursuant to section I of Schedule A, the Owner shall sod the front, side and rear yards of each of the residential lots and blocks except for paved, planted or treed areas, within the six months immediately following the occupancy of the first dwelling unit erected thereon, unless such occupancy occurs in November or December of any year, in which case the time limit for such sodding shall be extended to June 30 in the following year. 20. INCOMPLETED OR FAULTY WORK (i) If, in the opinion of tim Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or M 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 5 (2) (3) (4) 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 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notie' but the Owner shall be forthwith 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 paragraph is one of the considerations, without which the Town would not have executed this Agreement. 21. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm water drainage and management facilities both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (2) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1) shall not commence until the easement has been acquired, unless pomfission 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. 22. GENERAL PROVISIONS - SERVICES The Owner agrees whh the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk or where no sidewalk is to be provided, between the curb and the lot line. (b) Continuation of Existing Services Where the construction of services herein involves a continuation to existing services, to join into the san~e, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill o.r debris on, nor to remove or Permit to be removed, any fill from any public lands without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub-clause (i). (iii) That there shall be no buming of refuse or debris upon its lands or any public lands. (d) 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 30 days of the account being rendered by the Town. 6 (f) (h) (i) (i) To p?y, the cost of relocating any existing services and utilities caused by the subdivision work within 30 days of the account for same being rendered by the Town. (ii) Similarly to pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as 0~ interfere with the use of the driveway. S?cifications 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. 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. 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 Wo~s. Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivision, with amendments, ff any, noted thereon. Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found or re-established all standard iron bars as shown on the registered plan, and survey monuments at all block comers, the ends of all curves, other than comer roundings and all points of change in direction of streets on the registered plan. 23. CONSTRUCTION & OCCUPANCy OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until, (a) sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service; and (b) an asphalt base has been laid on the road immediately in front of the building or pan thereof. (2) No building or pan of a building in the subdivision shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy .p.e. rmit for a building or pan of a building shallbe made except upon the following conditions: (a) storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or pan thereof; (b) electric service is completed and in operation; and (c) such curbs, as in the opinion of the Director of Public Works, are required to be ~ompletedprior !o occupancy have been constructed on the road inunediately front of the building or part thereof. 7 (l) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architectural design objectives for the subdivision, which approval shall not be unreasonably withheld. (2) The report referred to in subsection (I) may be required, at the Director's option, to provide the following information: (a) (c) (d) (f) (g) house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and any other data or information reasonably required. (3) The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to he erected on the lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not he unreasonably withheld. (4) The plans and drawings referred to in subsection (3) may he required, at the Director's option, to provide the following information: (a) (b) (c) (d) (e) (13 the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; the location of landscaping features, including trees to he preserved; streetscape for front and rear elevation at a scale acceptable to the Director; streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or i~ffonnation reasonably required. 25. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $3,250 per unit for each dwelling unit to be erected in the plan. (2) No building permit shall he issued for any dwelling unit unless payment of the unh levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. (3) In any event, the Owner shall pay all levies payable under the provisions of this section in full no later than December 31, 1991. (4) 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. 26. FINANCIAL SECURFFY The Owner shall, immediately prior to the registration of the plan, deposit with the Town, a security payable to the Town, in a form satisfactory to the Town, for the sum of $19,500 as security for the payments referred to in section 25 hereof. 27. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the plan of subdivision, as required by law from time to time. (b) I~,lLImlm~mnts Prior to the release of the plan for registration, to prepay any outstanding local improvement charges which are levied against any of the lands in the plan of subdivision. 8 (c) (d) (e) To pay interest at the rate of eighteen per cent 08%) per annum to the Town on all sums of money payable herein which ~re not paid on the due dates calculated from such due dates. To pay all regi~ration costs incurred by the Town relating in any way to the registration of the plan of subdivision ,~r any other related documentation, including transfers, in the Land Titles Office. Upon applying for final acceptance of the subdivision, to. supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise m connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivision, or ff such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 28. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agreement expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shah be to the satisfaction of the Town. (3) Should no such further security be provided as requh'ed, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 29. PROVISION OF PARKLAND Prior to the registration of the plan, the Owner shaH pay to the Town the sum of $11,025 in cash or by certified cheque, which sum the Town shah accept in full satisfaction of the Owner's obligation to provide parkland for Lots I to 6. 30. TREE PRESERVATION (1) The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved. (2) The Program shall he submitted to the Director of Planning for review and approval by the Director of Conununity Services and Facilities, and, once approved, shall he implemented as approved only. (3) In determining whether or not to approve the Program, the Director shah he governed by the Town Tree Preservation Policy in effect at the date hereof. (4) Until such time as the Program is approved, the Owner shaH not commence, nor allow to he commenced, any aspect of the development of the lands in the plan, including the removal of any tree. (5) In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the opinion of the Town's DLrector of Community Services and Facilities, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall replace that tree with a tree of a height, diameter and species determined by the Director; such replacement shail he at no cost to the Town. (6) The Owner's liability under subsection (5) shall continue until, 9 (a~ (b) where the lands upon which the tree is located comprise a residential buikling lot or block, twelve months after the completion of the sodding on the lot or block, or where the lands upon which the tree is located comprise lands other than a residential building lot, the expiry of the guarantee period referred to in section I of Schedule A of this Agreement. IN WITNESS WHEREOF, the persons c---mprising the Owner have hereunto affixed their hands and seals and the Town has hereunto affixed its corporate seal, attested to by the hands of its author/zed officers. SIGNED, SEALED & DELIVERED In the presence of JERRY ZASADNYJ In thepresence of ROSEMARY $OWA THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bmce Taylor, Clerk ENCUMBRANCER - EMILIA ZASADNY$ This Agreement shall have priority over and take precedence over all of the rights or interests of Emilia Zasadnyj 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 ~my part of them, prior to the registration of this Agreement. Dated at , this day of ,1991. SIGNED, SEALED & DFJ. IVERED In the presence of EMILIA ZASADNYJ 10 TIME LIMIT FOR WORK & GUAP, ANTEE FOR WORKMANSHIP & MATERIALS (1) In this section, "preservicing" means the undertaking, prior to the registration of this plan of subdivision, of any works or services required to be undertaken by the ~,proVisinns of this Agreement, on the Lands or on any lands adjacent thereto, and reservice" has a corresponding meaning. (2) The Owner may undertake preservicing limited to earthworks (including preliminary grading, soil movement and storage) only with the prior written approval of the Town which may be issued by tile Town's Legal Services Department only after the Owner has, (a) executed this Agreement; (b) supplied a satisfactory liability insurance policy pursuant to section 17; (c) provided a Grading Control Plan submission pursuant to section 19 which has been approved, subject only to thc provision of corrected drawings, by the authorities referred to in section 19(3); and (d) submitted a Tree Preservation Program pursuant to section 30 which has been approved by the authority referred to in section 30(2). (3) The Owner may preservice this project only with the prior written approva~ of the Town which may be issued by the Town's Legal Services Depa~ment on/y after the Owner has, (a) executed this Agreement; (b) supplied a satisfactory liability insurance policy pursuant to section 17; (c) supplied a satisfactory performance and maintenance security pursuant to section 18; (d) provided a Orading Comrol Plan submission pursuant to section 19 which has been approved, subject only to the provision of corrected drawings, by the authorities referred to in sectiou 19(3); and (e) submitted a Tree Preservation Program pursuant to section 30 which has been approved by the authority referred to in subsection 30(2). Despite the provisions of subsections (2) and (3), preservicing limited to, (a) making soil quality and compaction tests, (b) surveying the boundaries of the Lands and of proposed lots, blocks and roads thereof, (c) marking existing and proposed grade elevations, (d) tests and examinations of the Lands necessary for the preparation of required pre-development studies, (e) compliance with an approved Tree Preservation Program; (f) lawful erection of permitted signs, or (g) any combination thereof, shah not require the prior written approval of the Town. The Owner shall complete all works, services and requirements under this Agreement, (4) 11 (6) (a) within one year of the date of registration of the plan of subdivision if pre~ervicing (except preservicing limited to that described in subsections (2) or (4), or both) has occurred with or without the Town's approval, or (b) within two years of that date if no preservicing (except preservicing limited to that described in subsections (2) or (4), or both) has occurred. The Owner shall guarantee all works, workmanship and materials employed or used in the construction, installation or completion of all works, services and requirements under this Agreement for ~ period of two years from the date that the works, services and requirements are approved in writing by the Town. RESERVED FUTURE DEVELOPMENT BLOCK - BLOCK 7 Block 7 shall be reserved for future residential development in conjunction with abutting lands; such development shall not commence without the prior written approval of the Town which may be subject to conditions including, but not necessarily linfited to conditions respecting the development of the abutting lands. (2) Until such time as Block 7 is developed, the Owner shall maintain it in a clean and orderly condition to the satisfaction of the Town. DWELLING UNIt COUNT (I) In the event that more than 6 units (1 each on Lots I to 6) are to be constructed in this plan pursuant to this Agreement, an amendment to this Agreement shall be required. (2) In the event that less than 6 units (as described in subsection 1) are to be constructed in this plan pursuant to this Agreement, (a) the amounts payable to the Town pursuant to sections 16(1) and 29, and (b) the amount of the security to be provided to the Town pursuant to section 26, shall be pro-rated accordingly by the Town without an amendment to this Agreement. FINANCIAL CONTRIBUTION TO COST OF ROSEBANK ROAD SERVICES Upon the completion by the Owner of the construction of the design and construction of the Rosebank Road services required to be constructed by sections 10, 11, 12, 15 and 22(a) hereof, the Town shall pay to the Owner, within thirty days of receipt of the Owner's invoice therefor, the Owner's cost of the design and construction of that portion of those services located on the westerly half of Rosebank Road, subject to a maximum amount payable of $25,000. CONTRIBUTION TO OVERSIZED SERVICE COSTS The Owner shall, immediately prior to the registration of the plan, pay to Sandbury Building (Pickering) Corporation, the sum of $8,604.30, being the costs incurred by Sandbo~y Building (Picketing) Corporation in the construction and installation of an oversized storm drainage system in Rosebank Road, which serves, at least in part, the lands in the plan of subdivision. 12 New property Identifiers See Schedule [- Executlon~ ~B Transfer/Deed of Land Land Re~tmtlon Rolom~ Act 1044 A (1) Re~,atrV [] Land TlU~ [] T(2) Page 1 of pages (4) ~ Dolla~ $ Additional: See Schedule [] Thll (a) Redescription (b) Schedule for: Document New Easement : Co~tllnl Plan/Sketch [] i Description [] Tr~feror(a) The transferor hereby transfers the land to the transferee and certifies that the transferor ia at least eighteen years old and that (7) Infemat/Eatate Transferred Additional Fee Simpfe l~as~l[le~c Pa . [] [] Date of Signature Name(s) Signature(s) ~ of Transferor(a) I hareOy consent to this transaction Date of Signature Name(s) Signature(s) Y Id D (10) Tre~lferor(S) Address for P Transferee(a) yDate of MSirth p±c. kerLr~j Civic Centre, One The Esplanade, pickerinq, Ontario T.1V 6K7 (13) Tr~llforor(a) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the Planning Act, 1983. Date of Signature Date of Signature Y I M ~ D j Y M D Signature ......................... i ...... i... ~... Signature ........................... i ...... !... ~... Solicitor f~' Transferor(I) I have explained the effect of sectipn 49 of the Planning .~ct, 1983 to the transferor and I have mede inquiries of the transferor to determine that this transfer does not contravene that sact~on and based on the reformation eupptied by the transferor, to the best o1 my knowtedge and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature Name and ~ Y , M . D Address of ~ ; i Solicitor Signature ........................... ! ...... ; .... = (14) 8o~x~aol' fro' Trlf~l) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal no contravention as set out in subclausa 49 21a) (c) (ii) of the Planning Act, 1983 and that to the best of my know~edga and belief this transfer does not contravene saction 49 of the Planning Act19~3.1act indepandent y of the so ctorforthetransferor(s)and am an Ontario solicitor in good standing. Name and Address of Solicitor Cry. i Mun'i M&p i Sub. (1S) Aleesament Roll Number of Prc~erty Par. (17) Document PretMmcl by:. C.M. Timothy Sheffield Town Solicitor Town of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Date of Signaturo Y M D Signature ................................ ~ .... ;. · · Schedule end/of Othe~ Infonm, tlon INTEREST/ESTATE TRANSFERRED The Transferor hereby transfers to the Transferee the fr~e, uninterrupted and unobstructed right and easement to construct, operate and maintain such storm drainage works, together with any appurtenances thereto as may be required from time to time in, under and across the lands herein described, together with a right of the Transferee, its successors and assigns and its and their servants, agents and workmen, with all necessary equipment, machinery and vehicles to enter upon the lands at all times and to pass and repass thereon for replacing (including replacement with storm drainage works of larger size and capacity) and maintaining the storm drainage works or any part thereof or appurtenances thereto to be constructed, reconstructed, examined, repaired, renewed, replaced or maintained situate on the lands. The Transferor covenants that it shall not erect any building or structure nor place or remove any fill on or from any part of the lands without the express, h_ written consent of the Transferee. The Transferor hereby releases the Transferee from any claim which may arise out of the exercise by the Transferee of the right and easement granted here- by, or which may arise out of the existence or operation of the storm drainage works, provided the Transferee fills in all excavations and as far as is practi- cable restores the surface to the condition existing prior to any entry thereon to exercise the right hereby granted. The Transferor covenants that it shall execute such further assurances of the- right and easement granted hereby as may be required by the Transferee. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. This Transfer shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. LAND BENEFITED (DOMINANT TENEMENT) The benefit of this Transfer and all of the covenants contained herein shall run with all other lands and interests in land owned, occupied or used by the Transferee, its successors and assigns for the purpose of operating and main- taining storm drainage works.