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HomeMy WebLinkAboutBy-law 2407/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2407/87 Being a by-law to authorize the execution of three Subdivision Agreements respecting the development of Part Lots 34 and 35, Range 3, B.F.C., and part of the closed road allowance between Lots 34 and 35, Range 3, B.F.C., Pickering. (Draft Plan 18T-85037; Valerian Developments Inc. ) WHEREAS, the proposal to subdivide and register a Plan of Subdivision of Part Lots 34 and 35, Range 3, B.F.C., and part of the closed road allowance between Lots 34 and 35, Range 3, B.F.C., Picketing has been approved by the Council of The Corporation of the Town of Picketing and The Regional Municipality of Durham, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement with The Corporation of the Town of Pickering; 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 three Subdivision Agree- ments, in the forms attached hereto as Schedule A, Schedule B and Schedule C, respecting the development of part Lots 34 and 35, Range 3, B.F.C., and part of the closed road allowance between Lots 34 and 35, Range 3, B.F.C., Picketing. (Draft Plan 18T-85037; Valerian Developments Inc.) BY-LAW read a first, second and third time and finally passed this 2nd day of March, ]987. John E. Anderson,'T~Mayor TOWN OF PICKER~1~G APPROVED LEGAL DEPY. SCHEDULE A to By-Law #2407/87 THIS AGREEMENT made this 2nd day of March, 1987. BETWEEN: VALERIAN INVESTMENTS INC. hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - THE TORONTO-DOMINION BANK hereinafter called the "Encumbrancer' OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide parts of Lots 34 and 35, and part of the road allowance between Lots 34 and 35, Range 3, Broken Front Concession, in the Town of Picketing in the Regional Municipality of Durham, and with the consent of the Encumbrancer, to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-85037, as revised (Phase 1); 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: LAND AFFECTED The lands affected by inclusive, Plan 40M- this Agreement (the "Lands") are Lots 1 to 11, both , Picketing. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 1987, 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. 3. 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 immediately following the date of the deposit thereof in the Post Office. 4. INTERPRETATION (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", "mncumbrancer or mncumbrancers" 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 Time shall be Of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shah enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. 7. LICENCE TO ENTER 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 man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. CONSULTING ENGINEERS (i) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generalIy 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. STORM DRAINAGE (1) The Owner shall construct a complete storm drainage and storm manage- ment system including foundation drains and catch basin leads to service all the lands in the plan of subdivision and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) (3) (4) (5) Such system shall utilize the roadside ditches on the south side of Twyn Rivers Drive which ditch shall be improved by the Owner to the satisfaction of the Town's Director of Public Works. Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- sion, the Owner may be required to carry out such works as are neces- sary to provide an adequate outlet. The Town may connect or authorize system but such connection shall not system by the Town. connection into any part of the constitute acceptance of the sewer No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. (6) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $42,169 as its contribution to the construction and installation by the Town in the future of a storm sewer in Twyn Rivers Drive and lateral connections thereto for each lot in the plan. 11. BOULEVARDS The Owner obstructions gas or other shall keep all boulevards clear and free of materials and which might interfere with the installation of electric, telephone, utilities. 12. ROADS - PAVED (i) The Owner shall reconstruct that part of Twyn Rivers Drive adiacent to the plan and for 55 metres to the east thereof, where, in the opinion of the Town's Director of Public Works, reconstruction is required, accord- ing to the Town's specifications for paved roads of the Town in effect at the date hereof. (z) Until assumption by the Town, the Owner shall maintain and repair roads 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 erect and maintain adequate signs to warn all persons using Twyn Rivers Drive adjacent to the plan and for 55 metres to the east thereof that construction is taking place. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS The Owner shall construct curbs and gutters on the road to be recon- structed pursuant to section 12, according to the specifications of the Town in effect at the date hereof and shah maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. I4. SIDEWALKS (1) The Owner shall construct the following segments of sidewalk, in each case prior to the occupancy of any dwelling unit on any lot adiacent to that segment despite the provisions of section 1 of Schedule A: (a) on the south side of Twyn Rivers Drive adjacent to Lots 1 to 6; (b) on the south side of Twyn Rivers Drive adjacent to Lots 7 to 11 and for 36 metres to the east thereof: The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot in the plan, it shall be provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Commission, Picker- ing Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING The Owner shall upgrade existing street lighting on Twyn Rivers Drive adjacent to the plan and for 55 metres to the east thereof through the installation of additional lights, if necessary, and related poles and appurtenances and the relocation of existing lights, if necessary, and related poles and appurtenances. ~ (2) Electrical service for street lighting installed or relocated hereunder 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 Pickering ttydro-Electric Commission. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $385 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16 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) may include, but not necessarily he limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 18. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, 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 (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. 19. PERFORMANCE & MAINTENANCE GUARANTEE (~) 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 perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions o£ 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 ~vorks 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 pay- ment into court; and (c) seventeen per cent (17%) of the original value where, (ii) (iii) a certificate of final completion has been made by the Owner's Consulting Engineer; 45 days following the making of such certificate have expired; and 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 pay- ment 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. (4) 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. 20. DRAINAGE - SODDING 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 plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan, (a) shah be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement; (b) shall ensure that grading differences between abutting properties are minimized; (c) shall have due concern to the preservation of trees; and -- (d) shall not provide for the drainage of surface run-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 Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation, the Metropolitan Toronto and Region Conservation Authority and the Ministry of Natural Resources. (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 neces- sary to correct such problems. (6) The Owner shall sod the front, side and rear yards of each of the lots except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 21. INCOMPLETED OR FAULTY WORK (~) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion~ or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notifica- tion 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 6 (2) (3) (4) 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 and material value, and fur- ther, 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. 22. 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 sewer services both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (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. 23. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Pavin~ of Driveway Approaches To pave all driveway approaches between the curb and sidewalk. (b) Continuation of Existin~ Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) (ii) (iii) 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 or recon- struction of roads without the written consent of the authority responsible for such lands. On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (i). That there shall be 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. (e) Relocation of Services (i) (ii) 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. 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. (f) 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. (g) Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. ' (h) 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 designa- ted by the Director of Public Works. (i) Engineering Drawings (j) Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivi- sion, 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 all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. 24. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (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: (i) (ii) (iii) (iv) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; Electric service is completed and in operation; An asphalt base has been laid on the road immediately in front of the building or part thereof; and Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road. 8 (4) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision at all times. 25. HOUSING UNITS In the event that more or less than 11 housing units are to be constructed in the plan, an amendment to this Agreement shall be required. 26. DESIGN PLANNING (1) (a) 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. (b) This report may be required, at the Director's option, to provide the following information: (i) (ii) (iii) (iv) (v) (vi) (vii) house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and any other data or information required. (2) (a) 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. (b) These plans and drawings may be required, at the Director*s option, to provide the following information: (i) (ii) (iii) (iv) (v) (vi) 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 accept- able to the Director; streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information required. 27. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $2,000 per unit if paid on or before December 31, 1987 and $2,250 per unit if paid after December 31, 1987, for each dwelling unit to be erected in the Plan, each payment to be made when the building permit for the unit is issued. (z) No building permit shall be issued for any dwelling unit unless payment of the unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. (3) Payments of such levies shall be made to the Town from time to time as building permits are required. (4) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than 18 months from the date of registration of the plan. 9 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. 28. 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 $24,750 as security for the payments referred to in section 27 hereof. 29. 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 subdivi- sion, as required by law from time to time. (b) Local Improvements Prior to the release of the plan for registration, to prepay any outstand- ing local improvement charges which are levied against any of the lands in the plan of subdivision. (c) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (d) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the Land Titles Office. (e) Lien or Other Claims 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 in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, 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. 30. EXPIRY OF SECURITIES Should any security required to be given under the terms of this Agree- ment 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. 10 31. PROVISION OF PARKLAND Prior to the registration of this plan, the Owner shall pay to the Town the sum of $13,475, in full satisfaction of the Owner's obligation to provide parkland for this plan. 32. LANDSCAPE PLANNING (1) The Owner shall, prior to the issuance of building permits for any of the units to be erected on the lands, submit a landscaping plan for all of the lots on the plan to the Town for approval. (2) Upon approval by the Town of a landscaping plan, the Owner shall con- struct, install or plant the landscaping works, as the case may be, in conformance with the landscaping plan according to the time limits set out in Schedule A. 33. TREE PLANTING (1) (2) (3) (4) The Owner shall plant on road allowances within or adiacent to the plan, 11 trees of a size and type acceptable to the Town. ,ia A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. The trees approved by the Town shall be planted by the Owner when the boulevard into which they are to be planted is sodded. If the density is too great to enable 11 trees to be planted, the Owner shall pay to the Town $100 for every tree which cannot be planted for tree planting in a public land area within the community in which the plan is located. 34. TREE (1) (z) (3) (4) (5) (6) PRESERVATION The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved. The Program shall be submitted to the Director of Planning for review and approval, and, once approved, shall be implemented as approved only. 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. Until such time as the Program is approved, the Owner shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. The Owner shall advise the purchasers of each lot in the agreement of purchase and sale respecting that lot, of the specific tree preservation requirements for that lot and every lot adjacent to it. 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 Parks and Recreation, 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 spe- cies determined by the Director; such replacement shall be at no cost to the Town. 11 (7) The Owner's liability under subsection (5) shall continue until, (a) where the lands upon which the tree is located comprise a res- idential building lot, twelve months after the completion of the 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 ! of Schedule A of this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED VALERIAN INVESTMENTS INC. THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est 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 , , 1987. SIGNED, SEALED & DELIVERED THE TORONTO-DOMINION BANK 12 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of section 14 of this agreement and of section 3 of this Schedule, the Owner shall complete the works required under this Agree- ment within two years from the date of the registration of the plan of subdivi- sion, and shall guarantee the workmanship and materials for a period of two years from the date that the said works are approved in writing by the Direc- tor of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. 2. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shah be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 3. FENCING (1) The Owner shall erect a permanent 1.8 metre high wrought iron style fence, -. (a) along the westerly boundary of Lot 1, prior to the occupancy of any dwelling unit on Lot 1; (b) along the southerly boundary of Lots 1 to 6, prior to the occupancy of any dwelling unit on any of Lots 1 to 6; and (c) along that part of the westerly boundary of Lot 7 not adjacent to Lot 6, prior to the occupancy of any dwelling unit on Lot 7. (2) The permanent fencing required to be constructed pursuant to subsection (i), above, shall be constructed so as to meet or exceed the requirements for swimming pool enclosures as set out in Part II of the Town's By-]aw 425/76, as amended from time to time, or any successor thereto. ABUTTING LANDS - VEGETATION & WELLS (I) The Owner shall provide to the Town, prior to the commencement of any development, a report indicating the effect, if any, that storm water management, site grading, and the installation of above and belowground services will have on the existing vegetation and wells on abutting lands, and the works that may be necessary to relieve that effect. (2) The Owner shall undertake and guarantee any works determined to be necessary by the report referred to in subsection (1). A-I SCHEDULE B SPECIAL PROVISIONS REQUIRED BY THE REGION OF DURHAM The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval, dated July 2, 1986, of Draft Plan 18T-85037 (Revised) by the Com- missioner of Planning of the Regional Municipality of Durham and these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any way to any of the other provisions of this Agreement. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") (i) The Owner shall carry out, or cause to be carried out, to the satisfaction of M.T.R.C.A., the recommendations referred to in the report required by Condition 10 of the approval referred to in section 1 of this Schedule. (2) The Owner shall not place fill, grade or construct any buildings or structures without prior written approval being given by M.T.R.C.A. (3) Prior to the initiation of any grading or construction, the Owner-'shall erect a temporary snow fence or other suitable barrier along the western perimeter of the plan where it abuts M.T.R.C.A. lands, and shall con- struct a common property fence where this plan abuts M.T.R.C.A. lands prior to the occupancy of the abutting lots (sic). (4) The Owner shall submit individual lot, site and grading plans to M.T.R.C.A. for its review and approval for Lots 1 to 7, both inclusive. These plans shall be submitted prior to the issuance of building permits by the Town and should be reviewed by the Owner's consulting engineer to assure (sic) compliance with approved grading plans. 3. MINISTRY OF NATURAL RESOURCES ("M.N.R.") (i) Prior to final registration or any grading, the Owner shall submit an acceptable report to M.N.R. indicating the manner in which storm water will be conveyed from the site, the construction techniques and safe- guards to be used to control erosion and siltation. (2) The Owner shall carry out or cause to be carried out, to the satisfaction of M.N.R., the requirements (sic) contained in Condition 17 of the ap- proval referred to in section 1 of this Schedule and shall develop Lots 1 through 6 only according to plans acceptable to M.N.R. 4. CANADIAN NATIONAL RAILWAYS ("C.N.R.") The Owner shall insert the following clause in the sale and purchase agreement for each lot: That a railway right-of-way is in the area and that alteration or expan- sion of the rail facilities are possible in the future including the expan- sion of rail facilities which may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuation measures in the design of the subdivisions and individual units. B-1 (J Z L,J ~ o_ N DNl~:l~)lgld -,'C d IH SN.¥,O.L -_J E'I ~,~ H:13)t 31 cl ±~:)Vd ~/ / / / N~,¥~I 3E~ 33 NV,¥.099~ CVCEI SCHEDULE B THIS AGREEMENT made this 2nd day of March, 1987. BETWEEN: VALERIAN INVESTMENTS INC. hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PA'~RT, - and - THE TORONTO-DOMINION BANK hereinafter called the "Encumbrancer' OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide parts of Lots 34 and 35, and part of the road allowance between Lots 34 and 35, Range 3, Broken Front Concession, in the Town of Picketing in the Regional Municipality of Durham, and with the consent of the Encumbrancer, to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-85037, as revised (Phase 2); 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: LAND AFFECTED The lands affected by this Agreement inclusive, and Block 23, Plan 40M- (the "Lands") are Lots 1 to 22, both · Picketing, CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before June 30, 1988, 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, 3. 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 shah be effective as of the second day immediately following the date of the deposit thereof in the Post Office. 4. INTERPRETATION (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 be construed accordingly. (2) Schedules A, B and C attached hereto shall form part of this Agreement. TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. 7. LICENCE TO ENTER 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. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. 9. CONSULTING ENGINEERS (i) 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 sub division. 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. STORM DRAINAGE (I) The Owner shall construct a complete storm drainage and storm manage- ment system including connections to the street line and catch basin leads to service all the lands in the plan of subdivision and Lots 7 to 11 in Plan 434, and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (z) (3) (4) (5) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the aforementioned lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- sion, the Owner may be required to carry out such works as are neces- sary 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 au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS - ROUGH GRADE (1) Prior to the installation and construction of the municipal services pr'evid- ed for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdivision. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 12. ROADS - PAVED The Owner shall construct the roads shown on the plan of subdivision according to the Town's specifications for paved roads of the Town in effect at the date hereof and shall provide a landscaped island within the circular portion of Brimwood Court adjacent to Lots 10 to 14, inclusive, and within the circular portion of Ashwood Gate adjacent to Lots 19 to 22, inclusive, both to the satisfaction of the Town's Directors of Parks and Recreation and of Public Works. (z) Until assumption by the Town, the Owner shall maintain and repair roads both within 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 erect and maintain adequate signs to warn all persons using the roads in the plan that the maintenance of them has not been assumed by the Town from the time that they are opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS The Owner shall construct curbs and gutters on the road to be con- structed pursuant to section 12, 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 drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 3 14. SIDEWALKS In lieu of constructing a sidewalk on each of Ashwood Gate and Brimwood Court, the Owner shall pay to the Town, prior to the registration of the plan, the sum of $9,264, adjusted from the date of this Agreement to the date of payment in accordance with the Southam Construction Cost Index, Ontario Series, composite portion. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot in the plan, it shall be provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Commission, Picker- lng Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (1) The Owner shall install carriage light style street lights, including poles and other necessary appurtenances, on Ashwood Gate and Brimwood Court. (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. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $?70 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16 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) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 18. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, 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 (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. 19. 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 perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; (c) (d) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and guaranteeing ali works, workmanship and materials for a period of 2 years from the date that the works are completed and sueh completion acknowledged, in writing, by the Director of Publlc 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 shah 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 pay- ment into court; and (c) seventeen per cent (17%) of the original value where. (i) (ii) (iii) a certificate of final completion has been made by the Owner's Consulting Engineer; 45 days following the making of such certificate have expired ~ and 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 pay- ment 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. (4) 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. 20. DRAINAGE - SODDING (D 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 plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan. (a) shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement; (b) shall ensure that grading differences between abutting properties are minimized; (c) shall have due concern to the preservation of trees; and - (d) shall not provide for the drainage of surface run-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 Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation, the Metropolitan Toronto and Region Conservation Authority and the Ministry of Natural Resources, (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 neces- sary to correct such problems. (6) The Owner shall sod the front, side and rear yards of each of the lots except for paved, planted or treed areas, upon the completion of the construction of buildings thereon, 21. INCOMPLETED OR FAULTY WORK If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may he completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the comp]etlon, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again, perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notifica- tion 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 (2) (4) 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 and material value, and fur- ther, a fee of thirty per cent (S0%) 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. 22. DEDICATIONS The Owner shall dedicate Ashwood Gate and B~imwood Court as public highways upon the registration of the plan. -- 23. TRANSFERS - CONVEYANCES (1) The Owner shall convey 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, (a) (b) (c) Block 24 (walkway); Block 25 (Ashwood Gate reserve); Block 23 (future development block); (z) Notwithstanding the provisions of subsection (1), above, a 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. 24. TRANSFERS - EASEMENTS (I) 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 sewer services both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (z) 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. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Pavin~ of Driveway Approaches To pave all driveway approaches 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 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 or recon- struction of roads 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 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 ce.st of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. (e) Relocation of Services (i) (ii) 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. 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. (f) 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. (g) Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (h) Permanent Signs (i) 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 designa- ted by the Director of Public Works. Enl~ineerin g Drawinss Prior to the final acceptance of the subdivision, the original drawings of the engineering works sion, with amendments, if any, noted thereon. to supply the Town with for the plan of subdivi- Snow Plowing & Sanding of Roads (i) If, in the opinion of the Director of Public Works, the condition of the road surface is not acceptable for winter control, to snow plow and sand such road from occupied buildings to existing Town roads or to subdivision roads that receive the Town's winter control service, including alternate means of access where available. 8 (ii) Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control, (k) 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 all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. 26. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (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: (i) (ii) (iii) (iv) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; Electric service is completed and in operation; An asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing main- tained public road; and Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road and extend to an existing maintained public road. (4) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 27. HOUSING UNITS In the event that more or less than 22 housing units are to be constructed in the plan, an amendment to this Agreement shall be required. 28. DESIGN PLANNING (1) (a) 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. This report may be required, at the Director's option, to provide the following information: (ii) (iii) (iv) (v) (vi) (vii) house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and any other data or information required. (2) (a) (b) 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. These plans and drawings may be required, at the Director's option, to provide the following information: (i) (ii) (iii) (iv) (v) (vi) 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 I streetscape for front and rear elevation at a scale accept- able to the Director; streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information required. 29. FINANCIAL PAYMENTS The Owner shall pay to the Town a unit levy in the amount of $2,0~0 per unit if paid on or before December 31, 1987 and $2,250 per unit if paid after December 31, 1987, for each dwelling unit to be erected in the Plan, each payment to be made when the building permit for the unit is issued. (z) No building permit shall be issued for any dwelling unit unless payment of the unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. (3) Payments of such levies shall be made to the Town from time to time as building permits are required. (4) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than 18 months from the date of registration of the plan. (5) 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. 30. 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 $49,500 as security for the payments referred to in section 39 hereof. 31. 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 subdivi- sion, as required by law from time to time. (b) Local Improvements Prior to the release of the plan for registration, to prepay any outstand- ing local improvement charges which are levied against any of the lands in the plan of subdivision. 10 (c) Interest To pay' interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (d) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the Land Titles Office. (e) Lien or Other Claims 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 in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, 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, 32. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment 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. 33. PROVISION OF PARKLAND Prior to the registration of this plan, the Owner shall pay to the Town the sum of $26,950, in full satisfaction of the Owner's obligation to provide parkland for this plan. 34. LANDSCAPE PLANNING The Owner shall, prior to the issuance of building permits for any of the units to be erected on the lands, submit a landscaping plan for all of the lots on the plan to the Town for approval. (z) Upon approval by the Town of a landscaping plan, the Owner shall con- struct, install or plant the landscaping works, as the case may be, in conformance with the landscaping plan according to the time limits set out in Schedule A. 35. TREE PLANTING (i) The Owner shall plant on road allowances within or adjacent to the plan, 22 trees of a size and type acceptable to the Town. (z) 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 22 trees to be planted, the Owner shall pay to the Town $100 for every tree which cannot be planted for ll tree planting in a public land area within the community in which the plan is located. 36. TREE (I) (z) (3) (4) (5) (6) PRESERVATION The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved. The Program shall be submitted to the Director of Planning for review and approval, and, once approved, shall be implemented as approved only. 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. Until such time as the Program is approved, the Owner shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. The Owner shall advise the purchasers of each lot in the Agreement of Purchase and Sale, respecting that lot, of the specific tree preser~atlon requirements for that lot and every adjacent to it. 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 Parks and Recreation, 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 spe- cies determined by the Director; such replacement shall be at no cost to the Town. (7) The Owner*s liability under subsection (5) shall continue until, (a) where the lands upon which the tree is located comprise a res- idential building lot, twelve months after the completion of the 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 affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED VALERIAN INVESTMENTS INC. THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bru~e Taylor, Clerk lZ ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est 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 , , 1987. SIGNED, SEALED & DELIVERED THE TORONTO-DOMINION BANK 13 SCHEDULE A TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of section 3 of this Schedule, the Owner shall com- plete the works required under this Agreement within two years from the date of the registration of the plan of subdivision, and shall guarantee the workman- ship and materials for a period of two years from the date that the said works are approved in writing by the Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. 2. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 3. FENCING AND GATEWAY (1) The Owner fence, (a) shall erect a permanent 1.8 metre high wrought iron style along the rear lot ]ine of Lot 9 where it does not abut Lot 7, Plan Plan 40M- , and along the rear lot lines of Lots 10 to 13, inclusive, prior to the occupancy of any dwelling unit on any of Lots 9 to 13, inclusive; (b) along the northeasterly and southeasterly boundaries of Block 24, prior to the occupancy of any dwelling unit on either of Lots 13 and 14; and (c) along the northerly boundary of Lot 1, between the north-west corner of the lot and the westerly portion of the gateway to be erected pursuant to subsection (3), prior to occupancy of any dwelling unit on Lot 1. (2) Prior to the occupancy of Lot 1 or the expiry of the time limit set out in section 1 of this Schedule, whichever occurs first, the Owner shall erect a stone entrance gateway to the plan at the intersection of Twyn Rivers Drive and Ashwood Gate to the satisfaction of the Town's Director of Public Works. (3) The permanent fencing required to be constructed pursuant to subsection (1), above, shall be constructed so as to meet or exceed the requirements for swimming pool enclosures as set out in Part II of the Town's By-law 425/76, as amended from time to time, or any successor thereto. 4. ABUTTING LANDS - VEGETATION & WELLS (i) The Owner shall provide to the Town, prior to the commencement of any development, a report indicating the effect, if any, that storm water management, site grading, and the installation of above and below ground services will have on the existing vegetation and wells on abutting lands, and the works that may be necessary to relieve that effect. (2) The Owner shall undertake and guarantee any works determined to be necessary by the report referred to in subsection (1). MAINTENANCE OF CUL-DE-SAC ISLANDS Prior to the registration of the plan the Owner shall pay to the Town the sum of $4,000 for the permanent maintenance of the landscaped islands in Brimwood Court and Ashwood Gate to be provided by the Owner pursuant to section 12 of this Agreement. A-1 WALKWAY/EMERGENCY ACCESS CONSTRUCTION The Owner shall construct a walkway and emergency access over Block 24, between the curb to be constructed on Brimwood Court and the curb to be constructed on Woodview Drive, to the satisfaction of the Town's Directors of Parks and Recreation and of Public Works. (z) Despite the provisions of section 3(1)(b) of this Schedule, the Owner may provide an entrance to the Metropolitan Toronto and Regional Conserva- tion Authority's lands adjacent to Block 24, but such entrance shall be, (a) subject to the prior written approval of M.T.R.C.A., and (b) constructed in such a manner that it may be closed by the Town, temporarily or permanently, at any time. A-2 SCHEDULE B 1. SPECIAL PROVISIONS REQUIRED BY THE REGION OF DURHAM The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval, dated July 2, 1986, of Draft Plan 18T-85037 (Revised) by the Com- missioner of Planning of the Regional Municipality of Durham and these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any way to any of the other provisions of this Agreement. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.') (i) The Owner shall carry out, or cause to be carried out, to the satisfaction of M.T.R.C.A., the recommendations referred to in the report required by Condition i0 of the approval referred to in section 1 of this Schedule. (2) The Owner shall not place fill, grade or construct any buildings or structures without prior written approval being given by M.T.R.C.A. (3) Prior to the initiation of any grading or construction, the Owner~shall erect a temporary snow fence or other suitable barrier along the western perimeter of the plan where it abuts M.T.R.C.A. lands, and shall con- struct a common property fence where this plan abuts M.T.R.C.A. lands prior to the occupancy of the abutting lots (sic). (4) The Owner shall submit individual lot, site and grading plans to M.T.R.C.A. for its review and approval for Lots 9 to 13, both inclusive. These plans shall be submitted prior to the issuance of building permits by the Town and should be reviewed by the Owner's consulting engineer to assure (sic) compliance with approved grading plans. 3. MINISTRY OF NATURAL RESOURCES ("MoN.R.") (i) Prior to final registration or any grading, the Owner shall submit an acceptable report to M.N.R. indicating the manner in which storm water will be conveyed from the site, the construction techniques and safe- guards to be used to control erosion and siltation. (2) The Owner shall carry out or cause to be carried out, to the satisfaction of M.N.R., the requirements (sic) contained in Condition 17 of the ap- proval referred to in section 1 of this Schedule and shall develop Lots 10 to 13 only according to plans acceptable to M.N.R. 4. CANADIAN NATIONAL RAILWAYS ("C.N.R.') The Owner shall insert the following clause in the sale and purchase agreement for each lot: That a railway right-of-way is in the area and that alteration or expan- sion of the rail facilities are possible in the future including the expan- sion of rail facilities which may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuation measures in the design of the subdivisions and individual units. B-1 SCHEDULE C FUTURE CONTRIBUTIONS TO SHARED SERVICE COSTS (1) Within 60 days of the acknowledgement, by the Town's Director of Public Works, of the completion of, (a) the storm sewer on Ashwood Gate, as provided for in section 10 of this Agreement; (b) the road on Ashwood Gate, as provided for in sections I1 and 12 of this Agreement; (c) the curbs and gutters on Ashwood Gate, as provided for in section 13 of this Agreement; (d) the street lighting on Ashwood Gate as provided for in section 16 of this Agreement; and (e) the gateway at Twyn Rivers Drive and Ashwood Gate, as provid- ed for in section 3(2) of Schedule A to this Agreement, the Owner's consulting engineer shall provide to the Town, in a form satisfactory to the Town, a detailed summary of the actual cost, tc~ the Owner, of the storm sewer, road, curbs and gutters, street lighting and gateway. (z) Within 30 days of the receipt by the Town of the summary referred to in subsection (1), in a form satisfactory to the Town, the Town Manager shall determine and notify the Owner, in writing, of the following: (a) the area of the lands, if any, outside the plan of subdivision that the works shall be deemed to benefit (the "benefitting lands") for the purposes of this section and the conditions, if any, under which such lands shall continue to be benefitting lands; (b) the portion of the Owner's actual cost, referred to in subsection (1), and of the payment made by the Owner in lieu of sidewalk construction on Ashwood Gate, that the Town shall deem to be applicable to the benefitting lands (the "shared cost") for the purposes of this section; and (c) the method or methods that shall be employed to pro-rate the shared cost to the benefitting lands, and that determination shall be final. (3) In the event that the benefitting lands, or any part thereof, are to be developed by plan of subdivision, plan of condominium or any other method requiring a development agreement, then the Town shall endea- your to ensure that the owner thereof pays to the Owner herein, prior to the development of those lands, all or an appropriate portion of the shared cost, (a) calculated according to the method or methods referred to in subsection (2), and (b) adjusted annually, for a maximum of five years from the date of notification referred to in subsection (2), according to the Southam Construction Cost Index for Ontario, composite portion. (4) In consideration of the Town approving the plan of subdivision and entering into this Agreement with this section included, the Owner here- by, (a) remises, releases and forever discharges, and (b) agrees to indemnify and save harmless, C-1 SCHEDULE C (Cont'd) the Town, its officers and employees and their respective heirs, execu- tors, administrators, successors and assigns, of and from all all actions causes of action, accounts, claims, debts, damages, demands, and costs associated therewith, arising, to arise or which may hereafter be brought against them, or any of them, by or on behalf of the Owner, or any other person, because of the provisions of this section or any error, omission, failure or negligence in the application thereof. PRELIMINARY ESTIMATES (1) Notwithstanding the provisions of subsection 1(2) of this Schedule, the summary referred to therein may be provided to the Town in the form of preliminary estimates prior to the completion of the works in question, but, if such preliminary estimates are provided, a detailed summary of actual cost must be provided in accordance with subsection 1(2) or the Town's obligations under this Schedule shall cease. (2) The provisions of subsections 1(3), 1(4) and 1(5) shall apply to all preliminary estimates provided, mutatis mutandis, but all determinations resulting therefrom shall be subject to confirmation or adjustment, at the Town Manager's sole discretion, upon the Owner's consulting engineer providing to the Town the detailed summary of actual cost in accordance with section 1(2). C-2 SCHEDUL~ THIS AGREEMENT made this 2nd day of March, 1987. BETWEEN: VALERIAN INVESTMENTS INC. hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - THE TORONTO-DOMINION BANK hereinafter called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide parts of Lots 34 and 35, and part of the road allowance between Lots 34 and 35, Range 3, Broken Front Concession, in the Town of Picketing in the Regional Municipality of Durham, and with the consent of the Encumbrancer, to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-85037, as revised (Phase 3); 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: LAND AFFECTED The lands affected by inclusive, Plan 40M- this Agreement (the , Pickering. "Lands") are Lots 1 to 14, both CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 1988, 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 immediately following the date of the deposit thereof in the Post Office. INTERPRETATION (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 be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. 7. LICENCE TO ENTER 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. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, £or the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. 9. CONSULTING ENGINEERS (1) 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 sub division. (~) 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. STORM DRAINAGE The Owner shall construct a complete storm drainage and storm manage- ment system including connections to the street line and catch basin leads to service all the lands in the plan of subdivision and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifica- tions 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 (z) (3) (4) (s) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the aforementioned lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- sion, the Owner may be required to carry out such works as are neces- sary to provide an adequate outlet. The Town may connect or authorize system but such connection shall not system by the Town. connection into any part of the constitute acceptance of the sewer No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS - ROUGH GRADE Prior to the installation and construction of the municipal services pt'bvid- ed for herein, the Owner shall rough grade to the Town's specifications to the full width, Woodview Drive adjacent to the plan of subdivision. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 12. ROADS - PAVED (1) The Owner shall construct Woodview Drive adjacent to the plan of subdi- vision according to the Town's specifications for paved roads of the Town in effect at the date hereof and shall provide a landscaped island within each of the circular portions thereof, adjacent to Lots 1 to 6, inclusive, and adjacent to Lots 12 to 14, inclusive, to the satisfaction of the Town's Directors of Parks and Recreation and of Public Works. (z) Until assumption by the Town, the Owner shall maintain and repair roads 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 erect and maintain adequate signs to warn all persons using Woodview Drive adjacent to the plan that construction is taking place. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the road to be con- structed pursuant to section 12, 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 drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 14. SIDEWALKS In lieu of constructing a sidewalk on Woodview Drive adjacent to the plan the Owner shall pay to the Town, prior to the registration of the plan, the sum of $10,332, adjusted from the date of this Agreement to the date of payment in accordance with the Southam Construction Cost Index, Ontario Series, composite portion. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot in the plan, it shall be provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Commission, Picker- ing Cable T,V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (i) The Owner shall install carriage light style street lights, including poles and other necessary appurtenances, on Woodview Drive adjacent to the plan and shall provide carriage light style street lights to upgrade existing street lighting on Woodview Drive between Twyn Rivers Drive and the plan. ,~ (2) Electrical service for street lighting installed on Woodview Drive adjacent to the plan shall he 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 Pickering Hydro-Electric Commission. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $490 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16 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) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 18. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, 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 tile 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. 19. PERFORMANCE & MAINTENANCE GUARANTEE (i) 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 ~'origlnal value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (h) guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; (c) (d) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and 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%) cf 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 pay- ment into court; and (c) seventeen per cent (17%) of the original value where, (i) (ii) (iii) a certificate of final completion has been made by the Owner's Consulting Engineer; 45 days following the making of such certificate have expired; and 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 pay- ment into court; 5 (4) 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. 20. 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 plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan. (a) shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement; '~ (b) shall ensure that grading differences between abutting properties are minimized; (c) shall have due concern to the preservation of trees; and (d) shall not provide for the drainage of surface run-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 Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation, the Metropolitan Toronto and Region Conservation Authority and the Ministry of Natural Resources. (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 formM 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 neces- sary to correct such problems. (6) The Owner shall sod the front, side and rear yards of each of the lots except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 21. 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 unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notifica- tion be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shah 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. (2) 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. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) 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 fur- ther, 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. 22. TRANSFERS - CONVEYANCES (1) The Owner shall convey 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 15 (walkway). (2) Notwithstanding the provisions of subsection (1), above, a 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. 23. 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 sewer services 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 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. 24. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) (b) Pavinff of Driveway Approaches To pave all driveway approaches between the curb and the lot line. Continuation of Exlstinff Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) (ii) (iii) 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 or recon- struction of roads without the written consent of the authority responsible for such lands. On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (i). That there shall be 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. (e) Relocation of Services (i) (ii) 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. 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. (f) 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. (g) Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (h) Permanent Signs (i) 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 designa- ted by the Director of Public Works. Engineering Drawings Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivi- sion, with amendments, if any, noted thereon. Snow Plowing & Sanding of Roads (i) (ii) If, in the opinion of the Director of Public Works, the condition of the road surface of Woodview Drive adiacent to the plan is not acceptable for winter control, to snow plow and sand such road from occupied buildings to existing Town roads that receive the Town's winter control service, including alternate means of access where available. Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. (k) 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 all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. 25. CONSTRUCTION & OCCUPANCY OF BUILDINGS No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (2) No building or part of a building in the subdivision shall be occupied except upon the issuance of a munlcipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the foIlowlng conditions: (i) (ii) (iii) (iv) Storm sewer, sanitary sewer and water facilities are installed-and in operation to adequately serve such building or part thereof; Electric service is completed and in operation; An asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing main- tained public road; and Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road and extend to an existing maintained public road. (4) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 26. HOUSING UNITS In the event that more or less than 14 housing units are to be constructed in the plan, an amendment to this Agreement shall be required. 27. DESIGN PLANNING (1) (a) 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. (b) This report may be required, at the Director's option, to provide the following information: (i) (ii) (iii) (iv) (v) (vi) (vii) house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and any other data or information required. (2) (a) 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. 9 (b) These option (i) (ii) (iii) (iv) (v) (vi) plans and drawings may be required, at the Director*s to provide the following information: 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 accept- able to the Director; streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information required. 28. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $2,000 per unit if paid on or before December 31, 1987 and $2,250 per unit if paid after December 31, 1987, for each dwelling unit to be erected in the Plan, each payment to be made when the building permit for the unit is issued. (2) No building permit shall be issued for any dwelling unit unless payment of the unit levy shall have been made in advance of the issuance of-such permit with respect to such dwelling unit. (3) Payments of such levies shall be made to the Town from time to time as building permits are required. (4) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than 18 months from the date of registration of the plan. (5) 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. 29. 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 $31,500 as security for the payments referred to in section 29 hereof. 30. 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 subdivi- sion, as required by law from time to time. (b) Local Improvements Prior to the release of the plan for registration, to prepay any outstand- ing local improvement charges which are levied against any of the lands in the plan of subdivision. (c) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. 10 (d) Re[~istration Fees 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 documen- tation, including transfers, in the Land Titles Office. (e) Lien or Other Claims 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 in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, 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. 31. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment 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, 32. PROVISION OF PARKLAND Prior to the registration of this plan, the Owner shall pay to the Town the sum of $21,990, in full satisfaction of the Owner's obligation to provide parkland for this plan. 33. LANDSCAPE PLANNING (D The Owner shall, prior to the issuance of building permits for any of the units to be erected on the lands, submit a landscaping plan for all of the lots on the plan to the Town for approval. (z) Upon approval by the Town of a landscaping plan, the Owner shall con- struct, install or plant the landscaping works, as the case may be, in conformance with the landscaping plan according to the time limits set out in Schedule A. 34. TREE PLANTING <l) The Owner shall plant on road allowances within or adjacent to the plan, 14 trees of a size and type acceptable to the Town, (z) 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 14 trees to be planted, the Owner shall pay to the Town $100 for every tree which cannot be planted for tree planting in a public land area within the community in which the plan is located. 11 35. TREE (3) (4) (5) (6) PRESERVATION The Owner shall retain, at its own ~:~pense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved. The Program shall be submitted to the Director of Planning for review and approval, and, once approved, shall be implemented as approved only. In determining whether or not to app~'ove the Program, the Director shall be governed by the Town Tree Preservation Policy in effect at the date hereof. Until such time as the Program is approved, the Owner shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. The Owner shall advise the purchas6rs of each lot in the Agreement of Purchase and Sale, respecting that lot, of the specific tree preservation requirements for that lot and every adjacent to it. 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 Tewn's Director of Parks and Recreation, 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 spe- cies determined by the Director; such replacement shall be at no cost to the Town. (7) The Owner's liability under subsection (5) shall continue until, (a) where the lands upon which the tree is located comprise a res- idential building lot, twelve months after the completion of the 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 affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED VALERIAN INVESTMENTS INC. THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk 12 ENCUMBRANGER This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrument or document registered on tltle to the lands affected hereby, or an), part of them, prior to the registration of this Agreement, Dated at , , 1987. SIGNED, SEALED & DELIVERED THE TORONTO-DOMINION BANK 13 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of section 3 of this Schedule, the Owner shall com- plete the works required under this Agreement within two years from the date of the registration of the plan of subdivision, and shall guarantee the workman- ship and materials for a period of two years from the date that the said works are approved in writing by the Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. FENCING (1) The Owner shall erect a permanent 1.8 metre high wrought iron style fence, (a) along the rear lot lines of Lots 4 to 10, inclusive, prior to the occupancy of any dwelling unit on any of Lots 4 to 10, inclusive; (b) along the rear lot lines of Lots 11 to 14, inclusive, prior to the occupancy of any dwelling unit on any of Lots 11 to 14 inclusive; (c) along the east and west boundaries of Block 15, prior to occupan- cy of any dwelling unit on either of Lots 10 and 11; and (d) along the northerly side lot line of Lot 14 prior to the occupancy of any dwelling unit on Lot 14. (2) The permanent fencing required to be constructed pursuant to subsection (1), above, shall be constructed so as to meet or exceed the requirements for swimming pool enclosures as set out in Part II of the Town's By-law 425/76, as amended from time to time, or any successor thereto. 4. ABUTTING LANDS - VEGETATION & WELLS (1) The Owner shall provide to the Town, prior to the commencement of any development, a report indicating the effect, if any, that storm water management, site grading, and the installation of above and below ground services will have on the existing vegetation and wells on abutting lands, and the works that may be necessary to relieve that effect. (2) The Owner shall undertake and guarantee any works determined to be necessary by the report referred to in subsection (1). MAINTENANCE OF CUL-DE-SAC ISLANDS Prior to the registration of the plan the Owner shall pay to the Town the sum of $4,000 for the permanent maintenance of the landscaped islands in Woodview Drive to be provided by the Owner pursuant to section 12 of this Agreement. WALKWAY CONSTRUCTION The Owner shall construct a walkway over Block 15, between the curb to be constructed on Woodview Drive and the southerly end of the Block, to the satisfaction of the Town's Directors of Parks and Recreation and of Public Works and of the Metropolitan Toronto and Region Conservation Authority. A-1 SCHEDULE B SPECIAL PROVISIONS REQUIRED BY THE REGION OF DURHAM The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval, dated 3uly 2, 1986, of Draft Plan 18T-85037 (Revised) by the Com- missioner of Planning of the Regional Municipality of Durham and these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any way to any of the other provisions of this Agreement. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") (1) The Owner shall carry out, or cause to be carried out, to the satisfaction of M.T.R.C.A., the recommendations referred to in the report required by Condition 10 of the approval referred to in section 1 of this Schedule. (2) The Owner shall not place fill, grade or construct any buildings or structures without prior written approval being given by M.T.R.C.A. (3) Prior to the initiation of any grading or construction, the Owner,shall erect a temporary snow fence or other suitable barrier along the western perimeter of the plan where it abuts M.T.R.C.A. lands, and shall con- struct a common property fence where this plan abuts M.T.R.C.A. lands prior to the occupancy of the abutting lots (sic). (4) The Owner shall submit individual lot, site and grading plans to M.T.R.C.A. for its review and approval for Lots 4 to 14, both inclusive. These plans shall be submitted prior to the issuance of building permits by the Town and should be reviewed by the Owner's consulting engineer to assure (sic) compliance with approved grading plans. 3. MINISTRY OF NATURAL RESOURCES ("M.N.R.") Prior to final registration or any grading, the Owner shall submit an acceptable report to M.N.R. indicating the manner in which storm water will be conveyed from the site, the construction techniques and safe- guards to be used to control erosion and siltation. (z) The Owner shall carry out or cause to be carried out, to the satisfaction of M.N.R., the requirements (sic) contained in Condition 17 of the ap- proval referred to in section 1 of this Schedule and shall develop Lots 4 to 14 only according to plans acceptable to M.N.R. B-1