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HomeMy WebLinkAboutBy-law 3775/91THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3775/91 Being a by-law to authorize the execution of a Subdivision Agreement and related documentation respecting the development of Part Lot 28, Concession 1, Picketing (Thickson Developments Ltd.; 18T-87084). WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 28, Concession I, Picketing, has been recommended for approval by the Council of The Corporation of the Town of Picketing and approved by the Commissioner of Planning of the Regional Municipality of Durham as Draft Plan 18T-87084, subject to several conditions, one of which requires the enter'mg into of a satisfactory Subdivision Agreement with The Corporation of the Town of Pickering, 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(1), 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 Picker'mg 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 Thickson Developmems Ltd. and The Corporation of the Town of Pickering, respecting the development of Part Lot 28, Concession 1, Pickering (Draft Plan 18T-87084). The Corporation of the Town of Picker'mg shall acquire those lands described in section 20 of the Subdivision Agreement attached hereto as Schedule A, subject to the terms and conditions and for the purposes set out therein. 3. (1) The Corporation of the Town of Pickering shall acquire interests in the nature of easements over those lands described in section 21 of the Subdivision Agreement attached hereto as Schedule A, subject to the terms and conditions set out therein, for storm drainage purposes. (2) The Mayor and Clerk are hereby authorized to execute Transfers of Easement, in the form attached hereto as Schedule B, effecting the acquisition by The Corporation of the Town of Pickering of the interests referred to in subsection (1). BY-LAW read a first, second and third time and finally passed this"'7~ day of August, 1991. Wayne -/~,fl~urs, Mayor TOWN CF [ PICKIEI~IN C; [ I L~GAL D:~'7. J Brace Taylffr, Clerk u Schedule A THIS SUBDMSION AGREEMENT made August 7, 199l. BETWEEN: THICKSON DEVELOPMENTS LTD. hereinafter 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 Lot 28, Concession 1, in the Town of Picker'mg, in the Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-87084 and is required, as a condition of approval thereof to enter into a subdivision agreement with the Town pursuant to the Planning Act 1983, S.O. 1983, chapter 1, section 50(6); NOW THEREFORE, TI-IlS AGREEMENT WITNESSETH, that in consideration of the Town consenting to the registration of 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, Plan 40M- , Picketing. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 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. (1) Any notice required to be given hereunder may be given by personal delive~ or registered mail, (a) in the case of the Owner, to The President Thickson Developments Ltd. 4117 Lawrence Avenue East Suite 205 West Hill, Ontario M1E 2S2 and (b) in the case of the Town, to The Town Clerk The Corporation of the Town of Picketing Picketing Civic Complex One The Esplanade Picketing, Ontario L1V 6K7 (2) (3) Each Pa~y may redesignate the person or the address, or both, to whom or to which such notice may be given by giving written notice to the other. Any notice given in accordance with this section shall be deemed to have been given on the first business day following the day of delivery or the day of mailing, as the case may be. (t) Whenever in this Agreement the word "Owner" or the pronoun "it" is used, it shall be read and construed as "Owner or Owners" or "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedule A 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 order 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. CONSULTING ENGINEERS (l) 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. (3) This provision shall not be construed so as to prevent the Owner from changing from one Consulting Engineer 1o another at any time or times during the development and construction of the project, so long as the Owner has a Consulting Engineer retained at all times. (1) 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 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 from whatever cause, until it is formally accepted by the Town. (2) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of sufficient size and depth and at locations either within or outside the Lands to service the Lands and the lands outside thereof which, in the opinion of the Director of Public Works, will require its use as a tnmk outlet. 2 (3) (4) (5) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the Lands, the Owner may be required to carry out such works as are necessary to provide an adequate outlet. 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. 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. 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. 12. (1) The Owner shall maintain, repair and restore Aspen Road adjacent to the Lands, and keep it clear of mud, dust, refuse, rubbish or other litter of all types. (2) The Owner shall erect and maintain adequate signs to warn all persons using Aspen 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. 13. CURBS. G~S & SIDEWALKS (1) The Owner shall maintain, repair and restore curbs, gutters and sidewalks on Aspen Road according to the specifications of the Town in effect at the date hereof. (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. 14. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the Lands, it shall be provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Commission, Pickering Cable T.V. Limited or Bell Canada, as the case may be. 15. (1) 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 required to be constructed, maintained or repaixed by the Owner, except those referred to in section 14, shall be constructed, maintained or repaired under the observation of Inspectors 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. 16. LIABILITY INSURANCE (i) Before commencing any of the work provid.ed for herein, th.e Owner shah supply the Town with a Certificate of Insurance verifymg that a Liabihty Insurance Policy is in I?lace ~ a form satisfactory to the Town, naming the Town as an insured and mdenufifying 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. 3 (2) (3) (4) The amount of the policy shall be $5,000,000. 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. 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 L/ability Insurance Policy shall not lapse. 17. PERFORMANCE & MAINTENANCE 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 DLrector 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 (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 he retained by the Town have expired or have been satisfied, discharged or provided for by payment into court; 4 (4) which seventeen per cent (17%) portion shall secure the guaramee of works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 18. DRAINAGE & SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the Lands, 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 Lands. (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 nm-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 nm-off water. (3) The Grading Control Plan is subject to the approval of the Town's Directors of Public Works and Community Services and Facilities. (4) The grading of all lands shall be carried out by the Owner in accordance with the approved Grading Control Plan, under the supervision 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 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 shat/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. 19. INCOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or uru'easonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and ff such notification be without effect within 10 clear days after such notice, then in that case, the Directo~ o~ i~ublic 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 propor completion of the said work at the cost and expense of the Owner or his surety, or both. (2) In cases of emergency, in the opinion of the Dixector of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. 5 (3) (4) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. 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. 20. TRANSFERS - CONVEYANCES (1) The Owner shall convey, or cause to be conveyed, to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration thereof, all of Block 7 (walkway). (2) Notwithstanding the provisions of subsection (1), above, the transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. 21. TRANSFERS - EASEMENTS 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 Lands and across lands adjacent thereto but outside those 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 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. 22. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk. (b) Continuation of Existing Servic¢~ Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, other than in the actual construction of roads in the plan of subdivision without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub-clanse (i). (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Construction Traffic Wherever possible, to ensure that construction traffic serving the development of this plan does not use Aspen Road but rather, enters the Lands directly from White's Road. 6 (e) (g) (h) (i) (j) (k) _Oualitative 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 Agreemem, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. (i) To pay 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 to interfere with the use of the driveway. 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 Works. Prior to the fmal acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivision, with amendments, if 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. OCCUPANCY OF BUILDINGS (1) No building or part of a building on the Lands shall be occupied except upon the issuance of a municipal occupancy permit. (2) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (a) (b) storm sewer, sanitary sewer and water facilities a~e installed and in operation to adequately serve such building or part thereof; and electric service is completed and in operation. (1) 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. 7 (2) (3) (4) The report referred to in subsection (1) may be required, at the Director's option, to provide the following information: (a) (b) (c) (d) (e) (f) (g) house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and any other data or information reasonably required. The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the Lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. The plans and drawings referred to in subsection (3) may be required, at the Director's option, to provide the following information: (a) (b) (c) (d) (e) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; the location of landscaping features, including trees to be preserved; str~etscape for front and rear elevation at a scale acceptable to the Director; streetscape to show all street furnitur~ and vegetation; the relationship of buildings by blocks; and any other data or information reasonably required. 25. FINANCIAL PAYMENTS (1) On or before the date of issue of the building permit for each dwelling unit to be erected on the Lands, the Owner shall pay to the Town a unit levy or development charge for that dwelling unit. (2) The amount of the unit levy or development charge payable under subsection (1), above, for each dwelling unit shall be, (a) $3,250, if the Town has not, before thc date of payment, enacted a Development Charge By-law pursuant to section 3(1) of the Development ChargesAct 1989, S.O. 1989, chapter 58, or (b) the applicable amount of such development charge according to the Town's Development Charge By-law, if, before the date of payment, the Town has enacted such a by-law. 26. FINANCIAL SECURITY The Owner shall, immediately prior to the registration of the plan, deposit with the Town, a security payable to the Town, in a form satisfactory to the Town, for the sum of $19,500 as security for the payments referred to in section 25 hereof. 27. GENERAL PROVISIONS - FIiNIANCIAL MATrERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on the Lands as requir,.;2'b~ !aw from time to time. (b) 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. (c) ~ To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documentation, including transfers, in thc Land Titles Office. 8 (d) 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 if 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 thc 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 shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 29. PROVISION OF PARKLAND Prior to the registration of the plan, the Owner shall pay to the Town the sum of $11,025 in full satisfaction of the Owner's obligation to provide parkland for Lots I to 6. 30. (1) The Owner shall plant on Aspen Road adjacent to the Lands, six trees of a size and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. (3) The trees approved by the Town shall be planted by the Owner when the boulevard into which they are to be planted is sodded. (4) If the density is too great to enable six trees to be planted, the Owner shall pay to the Town $175 for every tree which cannot be planted for tree planting in a public land area within the community in which the plan is located. 31. TREE PRESERVATION (1) The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating whic. h existing trees on the Lands shall be preserved. (2) The Program shah be submitted to the Director of Planning for review and approval by the Director of Community Services and Facilities and once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Program, the Director shall be govemed by the Town Tree Prescrvation Policy in effect at the date hereof. (4) Until such time as the Program is approved, the Owner s,'..~'...v~ conwnence, nor allow to be 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 Director of Commmfity 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 shall be at no cost to the Town. 9 (6) The Owner's liability under subsection (5) shall continue until, (a) where the lands upon which the tree is located comprise lot or block, twelve months after the completion of the block, or a residential building sodding on the lot or (b) 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 1 of Schedule A of this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunto affLxed theft respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED THICKSON DEVELOPMENTS LTD. Lawrence P. MacDonell, President THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Brace Taylor, Clerk ENCI.rMBRANCER - BONITA JOY GRIES This Agreement shall have priority over and take precedence over all of the rights or interests of Bonita 3oy Gries 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. Dated at , this day of ,1991. SIGNED, SEALED & DELIVERED In the presence of BONITA JOY GRIES (seal) 10 TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (l) The Owner shall complete all works, services and requirements under this Agreement within one year of the date of registration of the plan of subdivision. (2) 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 a period of two years from the date that the works, services and requirements are approved in writing by the Town. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the Lands shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. DWELLING UNIT COUNT (1) In the event that more than six units (one 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 six 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 15(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. COST OF ADJACENT SERVICES Prior to the registration of the plan, the Owner shall pay to the Town the sum of $5,723 in satisfaction of the Owner's obligation to install or provide sidewalks and street light upgrading in or on White's Road adjacent to the Lands. NOISE ATTENUATION MEASURES (l) In the development of this plan, the Owner shall implement the noise attenuation measures recommended in the engineering report dated April 30, 1991, prepared by S.S. Wilson and Associates, Professional Engineers. (2) Upon the completion of the implementation of those measures, the Owner shall provide to the Town's Director of Planning a Certificate of Compliance from a Professional Engineer stating that those noise attenuation measures have been implemented in accordance with that report. (3) Prior to the registration of the plan, the Owner shall provide to the Town an irrevocable letter of credit issued by a chartered bank in Canada in a form satisfactory to the Town in the amount of $46,000, pursuant to which the Town may draw any amount up to the full amount thereof in the event that the Owner fails to provide the Certificate of Compliance required under subsection (2) within three years of the registration of the plan. (4) The Owner shall keep the letter of credit in good standing at all times and, should the Town draw upon it at any time, the Owner shall forthwith increase the face value thereof by the amount of the draw. (5) Any draw upon the letter of credit made by the Town pursuant to subsection (3) shall be deemed to be a penalty for the breach by the Owner of its obligations hereunder and shall not absolve the Owner from complying with the provisions of this section. 11 (6) (7) Upon receipt of the Certificate of Compliance required under subsection (2), the Town shall return the letter of credit to the Owner, but under no circumstances shall any amount drawn upon it by the Town be returned or refunded to the Owner or to any other person. The Ovmer shall indemnify and save harmless the Town, (a) from any loss, inconvenience or damage which may result from the Owner failing to comply with any provision of this section; and (b) against any action or claim made against the Town by any person arising out of the implementation or non-implementation of the noise attenuation measures or om of the execution of this Agreement with this section in it. WALKWAY & WALKWAY FENCING - BLOCK 7 Despite any time limit otherwise applicable pttrsuant to section 1 of Schedule A, prior to the occupancy of the dwelling units to be occupied on Lots 2 or 3, the Owner shall erect a permanent galvanized chain link fence 1.8 metres high, having 0.05 metre 9 gauge mesh, along the north and south boundaries of Block 7 and shall construct a concrete walkway, including vehicle barriers, to the Town's specifications therefor, along the entire length of Block 7, from the sidewalk on the west side of Aspen Road to the sidewalk on the east side of White's Road. (2) The fencing required to be erected by the Owner pursuant to this section 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. 12 SO~ B 4ew Property Identifiers ~On,ar,o°fPr°v'nce Transfer/Deed of Land A Form I -- Lind RegistriUon Reform Act, 1~4 Additional: See Schedule (1) Reglefry [] Land Ttlfe~ [] 2) Page 1 of pages (3) Prope~/ BlOCk Property Ideetlfler(s) Add,tmnel See (4) Conslde~'ation Dollars S (5) Oeecrlpflon This is a: Properly Property Diwsion [] Consolidation (6) This (a) Redescription (b) Schedule for: [ (7) IntereaUEll~te Transferred Documenl New Easement [ Fee Simple Contains Plen/Sketch ~.~t Additional Description [] Parties E~ Other [] Date of Signature ............................................................................... Y M D Name(s) S~gnature(s) ~ of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) S~gnatum(s) Y M D (10) Tranate~'or(s) Address 11} Transferee(s) Date of B~rlh Y M THE CORPORATICN OF 5~E Br~ce Taylor, Clerk .......... (12) Trlmsfer~s) Address forSe~ice Pickerir~ Civic C~_ntre, One The Esplanade, Pickering, Ontario LiV 6K7 (13) Trlna/eror(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the ~1-~ ~ I transfer does not contravene section 49 of the Planning Act 1983 I act independently of the solicitor for the transferor(s) and am an Ontar o ~: ~ ~ {~ solicitor in good standing. ' 3. I-~ ~'- I Name and Date of Signature (1S) Aa~e~ment Roll Number i C~y i Mun i Map ' of Prof)erty ; : >(16) Municipal Address of Property Sub Par (17~ DOCum;nt Prepared b~. C.M. Timothy Sheffield Town Solicitor Town of Pickering One The Esplanade Pickering, Ontario ~ Fees and Tax ~ ?6gistration Fee ~ ~1~ Land Transfer Tax Schedule From S -- L.nd Regl.lmllon Reform Act, lg~4 Page · Additional Pro~e~/Ide~ttSe~,) INTEREST/ESTATE TRANSFERRED The Transferor hereby transfers to the Transferee the free, 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 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 tbis 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.