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HomeMy WebLinkAboutBy-law 2519/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2519 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 17, Concession 1, Picketing (Draft Plan 18T-79076, Fulco Automotive Limited) WHEREAS the proposal to subdivide and register a plan of subdivision of part of Lot 17, Concession 1, Pickering, has been approved by the Council of The Corporation of the Town of Pickering and the Ministry of Municipal Affairs and Housing, subject to several conditions, one of which requires the entering into of a satisfactory Subdivi- sion 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 a Subdivision Agree- ment, in the form attached hereto as Schedule A, respecting the development of that part of Lot 17, Concession 1, Pickering, included in Draft Plan 18T-79076 (Fulco Automotive Limited). BY-LAW read a first, second and third time and finally passed this 29th day of June, 1987. ~n E. AnSer'son, M~ybr Bruke Taylor, CI'erk~ TOWN OF pICKERING AP~:ROVED LEGAt_ SCHEDULE A THIS AGREEMENT made this 29th day of June, 1987. BETWEEN: FULCO AUTOMOTIVE LIMITED 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 - FINANCIAL TRUST COMPANY hereinafter called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part of Lot 17, Concession 1, 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-79076, as revised; and WHEREAS, the Encumbrancer has certain rights or interests in the nature of encum- brances relating to the lands affected hereby; 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 78, Plan 40M- (the "Lands") , Picketing. are Lots 1 to 76, both 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. 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. 1 4. INTERPRETATION 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 shah form part of this Agreement. TIME Time shall he of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shall enure to the and be binding upon the Parties hereto, their successors and assigns. benefit of 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 (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 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 system including storm 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 up- stream 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) 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. (3) (4) (5) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the 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 - ROUGit GRADE (1) Prior to the installation or construction of the municipal services provided 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 subdi- vision and that part of Notion Road adjacent to the plan of subdivision where, in the opinion of the Town's Director of Public Works, road base reconstruction is required. (z) 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 (i) The Owner shall construct the roads shown on the plan of subdivision, and reconstruct that part of Notion Road adjacent to the plan where, in the opinion of the Town's Director of Public Works, reconstruction is required, according to the Town's specifications for paved roads of the Town in effect at the date hereof. Until assumption by the Town, the Owner shall maintain and repair roads both within and 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 and Notion Road adjacent to 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 (1) The Owner shall construct curbs and gutters on the roads to be con- structed or reconstructed 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. 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 & BICYCLE PATHS (1) The Owner shall construct the following segments of sidewalk and bicycle path in accordance with the time limits set out in section 1 of Schedule A: (a) on the west side of Notion Road adjacent to Block 78. (2) (3) The Owner shall construct the following segments of sidewalk, in each case prior to the occupancy of any dwelling unit on any lot adjacent to that segment, despite the provisions of section 1 of Schedule A: (a) on the east side of Marshcourt Drive adjacent to Lots 1 to 11; (b) on the west side of Marshcourt Drive adjacent to Lots 12 to 22; (c) on the east side of Ashford Drive adjacent to Lots 23 to 33; (d) on the west side of Beechlawn Drive adjacent to Lots 56 to 63 and Block 77; (e) on the east and north sides of Larksmere Court adjacent to Lots 64 to 70 and Block 79. The Owner shall maintain each segment of sidewalk or bicycle path until it is formally accepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Commission, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (1) The Owner shall install street lights, including poles and other necessary appurtenances, on each proposed street and walkway in the plan and shall upgrade the street lighing adjacent to the plan on Notion Road. (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 $2,660 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 10 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) (4) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insnrance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewal or renewals within 30 days of the account therefor being rendered by the Town. It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the 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, fa) 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 of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (z) The Owner may, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published: (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; and (c) seventeen per cent (17%) of the original value where, (i) a certificate of final completion has been made by the Owner's Consulting Engineer; (ii) 45 days following the making of such certificate have expired; and (4) (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; 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 shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agree- ment, and 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 suit- able 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 and the Metropolitan Toronto and Region Conservation Authority. (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 res- idential lots and blocks 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 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. DEDICATIONS The Owner shall dedicate Ashford Drive, Beechlawn Drive, Larksmere Court and Marshcourt Drive 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) (d) (e) Blocks 81 and 85 (Marshcourt Drive reserves); Blocks 84 and 86 (Ashford Drive reserves); Blocks 80 and 83 (Beechlawn Drive reserves); Block 82 (Larksmere Court reserve); Block 79 (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. 24. 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. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and the lot line. (b) Continuation of Existinl$ 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 of roads in the plan of subdivision without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (i). (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Construction Traffic Wherever possible, to ensure that construction traffic serving the devel- opment of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) 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. (f) 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. (g) Specifications Unless otherwise provided, to perform any work under this Agreement to the specifications of the date hereof. (h) Temporary Signs (i) required to be done Town in effect at the (j) 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. 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. 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. 8 (k) Snow Plowin~ & Sandin~ of Roads (i) (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 roads from such occupied buildings to exist- ing Town roads or to subdivision roads that receive the Town's winter control service, including alternate means of access where available. (iff 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. Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found or re-established all standard iron bars as shown on the registered plan, and survey monuments at all block 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. (z) 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) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric service is completed and in operation; (iii) 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 (iv) 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 76 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 Townts Director of Planning, for approval, a report outlining siting and architectural design objectives for the subdivision, which approval shall not be unreasonably withheld. (2) (b) (a) (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. 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; 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 (1) The Owner shall pay to the Town a unit levy in the amount of: (a) $2,000 per unit if paid in 1987; (b) $2,500 per unit if paid in January, February, March, April, May, June or July, 1988; or (c) $2,750 per unit if paid after July, 1988; 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. 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 $171,000 as security for the payments referred to in section 29 hereof. 10 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. (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 (i) 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 (i) Prior to the registration of this plan, the Owner the sum of $5,600, in partial satisfaction of the provide parkland. shall pay to the Town Owner's obligation to (z) Within 30 days of the date of registration of the plan, the Owner shall convey to the Town free and clear of all encumbrances and at no cost to the Town all of Block 77 in partial satisfaction of the Owner's obligation to provide parkland. (3) Upon the occurrence of the later of the payment to be made under sub- section (1) and the conveyance to be made under subsection (2), the Owner shall be deemed to have fully satisfied its obligation to provide parkland. 11 34. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 70 trees of a size and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. (3) The trees approved by the Town shall be planted by the Owner when the boulevard into which they are to be planted is sodded. (4) If the density is too great to enable 76 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. 35. TREE PRESERVATION (1) The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved. (z) The Program shall be submitted to the Director of Planning for review and approval, and, once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Program, the Director shall be governed by the Town Tree Preservation Policy in effect at the date hereof. (4) Until such time as the Program is approved, the Owner shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. (5) In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the opinion of the Town's Director of 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. (6) The Owner's liability under subsection (5) shall continue until, (a) where the lands upon which the tree is located comprise idential building lot, twelve months after the completion sodding on the lot, or a res- of the (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 12 attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED FULCO AUTOMOTIVE LIMITED THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk ENCUMBRANGER This Agreement shall have priority over and take precedence over all of the Encumhrancer~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 FINANCIAL TRUST COMPANY SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of section 14(2) of this Agreement, the Owner shall complete, (a) the works required hereunder to be constructed or installed on Notion Road within two years of the registration of the agreement referred to in section 2 of this Schedule or by December 31, 1992, whichever occurs first, and (b) the works required hereunder to be constructed or installed elsewhere within two years from the date of registration of the plan of subdivision, 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 Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. 2. INDUSTRIAL BLOCK - BLOCK 78 No development or re-development of all or any part of Block 78, shall be undertaken until such time as a site plan/development agreement respecting the Block or part thereof has been entered into and such agreement registered on title. 3. TEMPORARY TURNING CIRCLES (1) Notwithstanding the provisions of sections 11, 12, and 13 of this Agree- ment, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on , (a) (b) (c) Ashford Drive, immediately south of Block 86; Beechlawn Drive, immediately south of Block 80; Marshcourt Drive, immediately south of Block 81. (2) The Owner shall remove, at its sole expense and to the Town's specifica- tions, any temporary turning circle located immediately adjacent to the plan on a public highway to be extended by the Owner into the plan, and shall replace any such circle with permanent services as if the highway were a road in the plan. (3) As the temporary turning circles referred to in subsection (1) will be required only if the sequence of construction in this plan and adjacent plans warrants it, the Director of Public Works may waive the con- struction of any turning circle, at his sole discretion, if that sequence does not warrant it. 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) Prior to the commencement of development of the plan, the Owner shall erect a temporary fence along the south and west boundaries of Block 77 and prior to the occupancy of any dwelling unit on any of Lots 63, 68, 69, 70, 71 and 72, the Owner shall erect a permanent galvanized steel chain link fence 1.8 metres high, having 0.05 metre 9 gauge mesh, along the boundary of Block 77 adjacent to those lots. A-1 (2) The Owner shall erect, prior to the occupancy of any dwelling unit on any of Lots 1 to 11, a permanent wood privacy fence 1.8 metres high along the westerly boundary of Block 78 and the southerly boundary of Lot 1. The permanent fencing required to be constructed pursuant to sub- sections (1) and (2), 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 425176, as amended from time to time, or any successor thereto. WALKWAY TREATMENT (1) The Owner shall, at its expense, construct a concrete walkway according to the Town's specifications, along Block 79 from the sidewalk to be constructed on Larksmere Court to the northerly end of that Block, and shall install, at the same time, vehicle barriers at each end thereof, all of which the Owner shall maintain until formally accepted by the Town. Prior to the occupancy of any new dwelling unit on an adjacent lot, the Owner shall erect a permanent galvanized steel chain link fence, 1.8 metres high, having 0.05 metre 9 gauge mesh, along each side of the walkway referred to in subsection (1). A-2 SCHEDULE B ]. SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF HOUSING The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement, by The Corporation of the Town of Ajax, or by the conditions of draft approval, dated August 15, 1980, of Draft Plan 18T-79076 (Revised) by the Minister of Housing, as amended June 28, 1985, by the Minister of Municipal Affairs and Housing, 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.") ! MINISTRY OF NATURAL RESOURCES ("M.N.R.") - ENGINEERING & DRAINAGE REPORT The Owner shall, (a) prior to the final registration of this plan, have prepared a detailed Engineering and Drainage Report, acceptable to M.T.R.C.A. and M.N.R. which will show, (i) the means whereby storm water will be accommodated; (ii) the means whereby erosion and siltation will be contained and minimized, both during and after the construction period; and (iii) the flood damage reduction techniques which will be employed on the site; and (b) carry out, or cause to be carried out, the works recommended in the Reports (sic), described in clause (a). 3. THE CORPORATION OF THE TOWN OF AJAX The Owner shall insert a clause into the agreements of purchase and sale indicating that the purchaser acknowledges that the lands to the east of Notion Road in the Town of Ajax are zoned as "Heavy Industrial" and may present a nuisance with respect to noise, odour or traffic considerations. 4. DURHAM BOARD OF EDUCATION The Owner shall inform all prospective buyers in the agreements of purchase and sale that their children may have to be transported to existing schools in the area. B-1 APPLICATION FOR REZONINO AND DRAFT PLAN OF SUBDIVISION FOR ~,.A_]~, FOLCO AUTOMOTIVE ON THE YEST ~ .~ ' SIDE OF NOTION ROAD · FILE NUMBER - B qlO0 - 18T-79076 FILE NUMBER B ~310 - A 56/80 That Draft Plan of Subdivision 18T-79076(R) submitted by Fulco Automotive Limited on land being Part Lot 17, Conoession 1, Town oF PickerinN, be APPROVED AS REVISED to permit the development oF 77 lots For 8tnNle detaohed residential dwellinEs, a park blook, and one Future development blank, aubJent to the Following conditionat Changes in *red* aa shown on the plan prepared by John Bousfield Assoolates Limited, being drawinB number B-8qlq-2 dated July 27, 198~, stamped approved this date. That the owner make satisfactory arrangements with the Town reEardins the required parkland dedication. That the owner enter lnto an appropriate subdivision agreement with and to the satisfaction of the Town. That the owner make satisfactory arrangements with the Town and other proper authorities reaardingz a) the provision of all services; h) the allonation of sewage treatment capacity and water capacity For the development· That the owner agree to dedicate all road allowances with proper earner roundings to Town , the That the owner agree to nonvey to the Town and other proper authoritiesl a) 0.3 metre reserves at all temporary street termini shown as Blocks 81 to 87 inclusive, the draft approved plan; on b) Block 78 for park purposes, and any other easements as required.· That the owner make satisfactory arrangements with the appropriate authorities reBarding the provision of underground wiring, street liEhtina, cable television and other similar services. Council Minutes - October 15th, 1984 - 18T-79076 - Fulco Automotive Se 10. 11. 12. 13. 1#. 15. That the streets within the draft plan the satisfaetion of the Town. be named to That the owner submit for epproval by the Town, site plans and streetseape elevations showing the location and relationship of all buildings prior to the Issuance of any building permit. That a temporary turning eirole be provided at the temporary termini of streets within the plan if required by the Dlrentor of Public Morks. That prior to the final registration of this plan, the owner: a) Satisfy the requirements of the Hetropolitan Toronto and Region Conservation Authority; b) Submit a Draft H-Plan to be approved by the Town Planning Department, end o) Submit s tree preservation programme to the satisfaction of the Town and that no existing trees be removed until such time ss the above-noted programme has been approved by the Town except as authorized by the Director of Planning. That Block 80 be established as future development block and be maintained to the satisfaction of the Town until such time as it is developed. That purchasers of homes within the development be advised within the agreement of purchase and sale that students from the development may have to be transported to existing schools. A new school may not be built for several years, and it will be only when the number of students from a geographical attendance area warrants the new construction. That purchasers of homes within the development be advised, through a clause inserted on all offers of purchase and sale or lease and registered on the title deed or lease of each dwelling, advising prospective purchasers or tenants, of the existence of the Railway's operated right-of-way; the possibility of alterations to or an expansion of these facilities in the future; the possibility that the Railway's operation may affect the living environment of the residents, despite the inclusion of noise and vibration attentuating measures in the design of the subdivision and individual units; and that the Railway will not be responsible for complaints arising from its operation. That Block 88 be established as a future development block to be conveyed to the Town and fenced in conjunction with the westerly boundary of Block 80. Council Minutes - October 15th, 1984 - 18T-79076 - Fulco Automotive  ) Min'i~trv of Ontario Municipal Affair~ and Housing ._ 777 Bay Street Toronto, Ontario NtSG 2E5 June 28, 1985 Mr. I. Fulop Fulco Automotive Parts Limited ~ 840 Eastern Avenue '" Toronto, Ontario 'I'OWN OF PICKERINQ ' I't~a~e. om~o Subject: Fulco Subdivision Town of Pickering File no. 18T-79076 Dear Mr. Fulop: Further to your request and pursuant to Section 36(12) of the Planning Act draft approval of the above subdivision is hereby extended a further one year to lapse on July 1st 1986. As well, pursuant to section 36{12) Act conditions of draft approval of subdivision are revised as follows: of the Planning the above Condition 1 is deleted and replaced with the following: That this approval applies to the draft plan drawing no. B-8414-2 by John Bousfield Associates, Consulting Town Planners, dated July 27, 1984, as revised in red, showing 77 lots for single family dwelling, a park block (78), a walkway (79) two blocks for future development (80 & 88) and various 0.3 m reserve blocks. Condition 4 is revised by deleting "47-53 inclusive" in the second line. Condition 5 is revised by deleting the reference to Block 46 in the last line and by replacing it with Block 78. ur , ~ /Plans Admin'tstrati°n Branch ./ CC: Pickering Planning Department~ Durham Planning Department Lindsay Dale-Harris - John Bousfield & Assoc. Town of Pickering PLANNING DEPARTMENT P~operty ~criDt~ PT. LOT 17 , CON. i A~licanl ~/~(~) ~u~co ~T0. Date Sce~ AUG 2 / 84 I : 10000 Drawn By C~cked By IDB