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HomeMy WebLinkAboutBy-law 3776/91THE CORPORATION Q~ THE TOWN OF PICKERING BY-LAW NO. 3776/9~1 Being a by-law to authorize the execution of a Subdivision Agreement (second version) and related documentation respecting the development of Part Block L, Plan 418, Pickering (Zasadnyj and Sowa; 18T-88095). WHEREAS the proposal to subdivide and register a plan of subdivision of part of Block L, Plan 418, 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-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, on April 2, 1991, the Council of The Corporation of the Town of Pickering enacted By-law 3689/91, authorizing the execution of a Subdivision Agreement (first version) between Jerry Zasadnyj and Rosemar~ Sows and The Corporation of the Town of Picketing, respecting the development of that Draft Plan, which Agreement is now redundant; 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 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 Sows m~d The Corporation of the Town of Picketing, respecting the development of Part Block L, Plan 418, Picketing (Draft Plan 18T-88095). 2. (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 stoma drainage purposes. (2) The Mayor and Clerk axe 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 Picketing of the interests referred to in subsection (1). 3. By4aw 3689/91 is hereby repealed. ~Tx~ BY-LAW read a first, second and third tLme and finally passed this'~r~ day of August, 1991. TOWN "iF APPROVED LEGAL DEP1. Schedule A THIS SUBDMSION AGREEMENT made this 7th day of August, 1991. BETWEEN: JERRY ZASADNYJ and hereinafter collectively called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKER.ING 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 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-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 1 to 6, both inclusive, and Block 7, Plan 40M- , Picketing. CANCELLATION OF AGREEMEN~F 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. NOTICE Any notice required to be given hereunder may he given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day in,mediately following the date of the deposit thereof in thc Post Office. (1) Whenever in this Agreement the word "Owner", or 'Encumbrancer" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", "Encumbrancer or Encumbrancers" and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall he 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. I T 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 UNDERTAKIN~ 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. ~7~QNS ULTING 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 fomrally accepted by the Town. 10. STORM DRAINAGE (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 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 from whatever cause, until it is formally acce~ted 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 tile 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. 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 uudertaken or authorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ~O_ADS - PAVED (l) The Owner shall reconstruct both sides of Rosebank Road adjacent to the plan of subdivision and the north side of Oillmoss 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 ruight interfere with the installation of electric, telephone, gas or other utilities. 2 (4) (5) The Owner shall erect and maintain adequate signs to warn 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. 12. CURBS & GUTTERS (l) The Owner shall construct, reconstruct or repair, as the case may be, curbs and gutters on both sides of Rosebal~k Road and the north side of Oillmoss 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. SIDEWALKS (1) The Owner shall construct a sidewalk on the east side of Rosebank Road adjacent to Lots I to 6 and on the north side of Oillmoss 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 I of Schedule A. 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. (l) The Owner shall install street lights on Gillmoss 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 Co~mnission. 16. N!N~PECTIONS (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 by the Owner, except those referred to in sections 14 and 15 shall be installed 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) ,nay 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 axising 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 ranewal 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 premimn of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 18. 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 provisious 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 appticatinn 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 mnoant 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) (c) seventeen per cent 07%) of the original value where, (i) a certificate of final completion has been made by the Owner's Consuhing Engineer; (ii) 45 days following the ~naking of such certificate have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by 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 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. 19. DRAINAGE - SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and p. rior to the counnencement of the development of the plan of subdivision, with a Orading 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 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 run-off water omo 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 Co~mnunity Services and Facilities, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Directors of Public Works and Conwnunity Services aqd 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 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 tile first dwelling unit erected thereon, unless such occupancy occurs in November or December of any year, in which case the thne limit for such sodding shall he extended to June 30 in the following year. 20. !NCOMPLETED 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 umeasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such 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 notice 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 mid ~naterial value, mid 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 hnposed 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 adjacem 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 mid width. (3) The construction of any services in such easement or easements referred to in subsection (1) shall not co~mnence until the easement has been acquired, unless f~r nnission to do so has been obtained by the Owner, in writing, from the Town and om the registered owner of the lands across which the easement shall lie. 22. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) v~l~lagAzf~j~xc~yApproaches 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 ExistbT!gServic~_ 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) u F - '1 & Debr_~. (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or pemfit 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 he no burning 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 (e) (g) (i) O) Relocation of Services 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. 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. 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. Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designated by the Director of Public Works. Prior to the f'mal 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. ~Sllrvey Monumel!ts & ~ Prior to the accept,'mce 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 &~CZCJj~~LDINGS (l) 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 an asphalt base has been laid on the road immediately in front of the building or part thereof. (2) No building or part of a building in the subdivision shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: ia) storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part 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 completed prior to occupancy have been constructed on the road hmnediately in front of the building or part thereof. 7 24. (i) 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 (1) may be required, at the Director's option, to provide the following information: (a) (b) (c) (d) (e) (0 (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 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. (4) 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) (0 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; 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 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 the 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. 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 MATI'ERS 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~.~aLImp/mLcm~ 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) Interest To pay interest at the rate of eighteen per cent 08%) 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. 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 the Land Titles Office. Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply tile Town with a Statutory Declaration that all accounts for wok and materials have been paid, except normal guarantee holdbacks, and there are no clahns for liens or otherwise in cmmection with such work done or material supplied for or on behalf of the Owner in connection with the subdivision, or ff such clahns do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all cos~.s in connection therewith. 28. EXPLRY OF SECURITIES (l) 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 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 puqaoses 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 cash or by certified cheque, which sum the Town shall accept in full satisfaction of the Owuer's obligation to provide parkland for Lots I to 6. 30. TREE PRESERVATIOJ~ (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 be submitted to the Director of Planning for review and approval by the Director of Cmmnunity Services and Facilities, and, once approved, shall be implemented as approved o~fly. (3) In determining whether or not to approve the Program, the Director shall be governed by the Town Tree Preservation Policy in effect at the date hereof. (4) Until such time as the Program is approved, the Owner shall not commence, 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 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 txee with a tree of a height, diameter and species determined by the Director; such replacement shall be 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 building 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 comprising the Owner have hereunto affixed thei~ hands and seals and the Town has hereunto affixed its corporate seal, attested to by the hands of its authorized officers. SIGNED, SEALED & DELIVERED In the presence of JERRY ZASADNYJ In the presence of ROSEMARY SOWA THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Brace Taylor, Clerk ENCUMBRANCER ~ EMILIA ZASADNYJ This Agreement shall have priority over and take precedence over all of the rights or interests of Emilia Zasathxyj whether or not any such right or interest wa~ established or arose prior to the date hereof and whether or not such right or interest is set out in or m'ises by vixlue 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 EM1LIA ZASADNYJ 10 TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (I) 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 ~,prOVisions of this Agreement, on the Lands or on any lands adjacent thereto, and reservice" has a corresponding meaning. (2) The Owner may um]ertake 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 the 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 the provision of corrected d~awings, by the authorities referred to in section 19(3); mid (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 approval of the Town which may be issued by the Town's Legal Services Depa~ment only after the Owner has, (a) executed this Agreement; (b) supplied a satisfactory liability insurance policy pursuant to section 17; (c) supplied a satisfactory performance aid maintenance security pursuant to section 18; (d) provided a Grading Control Plan submission pursuant to section 19 which has been approved, subject only to the provision of corrected drawings, by the authorities referred to in section 19(3); and (e) submitted a Tree Preservation Program porsuant to section 30 which has been approved by the authority referred to in subsectiou 30(2). (4) 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 prepaxalion of required pre-development studies, (e) compliance with an approved Tree Preservation Program; (f) lawful erection of permitted signs, or (g) any combination thereof, shall not require the prior written approval of the Town. (5) The Owner shall complete all works, services and requirements under this Agreement, 11 (6) (a) within one year of the date of registration of the plan of subdivision if preservicing (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 a period of two years from the date that the works, services and requirements axe approved in writing by the Town. RESERVED FLrFURE DEVELOPMENT BLOCK - BLOCK (1) 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 limited 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 (1) In the event that more than 6 units (1 each on Lots 1 to 6) axe 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. ELNANCIAL CONTRIBUTION TO COST OF ROSEBANK RQAD~.$~RV1CES Upon the completion by the Owner of the construction of the design and construction of the Roseba.nk 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. ~UTION TO OVERSIZED SERVI_~F_. ~T~_ The Owner shall, immediately prior to the registration of the plan, pay to Sandbury Building (Picketing) Corporation, the sum of $8,604.30, being the costs incurred by Sandbury Building (Pickering) 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