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HomeMy WebLinkAboutBy-law 2521/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.2521/87 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 34, Range 3, B.F.C., Picketing; Draft Plan 18T-85015 (Alastair Mackay Realty Inc., et al). WHEREAS, the proposal to subdivide and register a plan of subdivision of part of Lot 34, Range 3, Broken Front Concession, Pickering, 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 Picketing; 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 Part Lot 34, Range 3, B.F.C., Pickering; Draft Plan 18T-85015 (Alastair Mackay Realty Inc., et al). BY-LAW read a first, second and third time and finally passed this 29th day of June, 1987. TOWN OF PICKERING APPROVED LEGAL DEPT. SCHEDULE A THIS AGREEMENT made this day of 1987. BETWEEN: Dt ALASTAIR MACKAY REALTY INC., ALASTAIR MACKAY MANAGEMENT LIMITED and 600201 ONTARIO LIMITED hereinafter collectively called the "Owner" OF TttE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - hereinafter collectively called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part of Lot 34, 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 and designated as,Draft Plan Number 18T-85015; and WHEREAS, the Encumbrancer has certain rights or interests in the nature of encum- brances relating to the lands affected hereby; NOW TIIEREFORE, TltIS AGREEMENT WITNESSETlt, 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: 1. LAND AFFECTED The lands affected by this Agreement are those parts Broken Front Concession, Picketing, designated as Parts 7, Plan 40R- , being all of Parcel Picketing Con. of Picketing. of Lot 34, Range 3, 5 (remainder), 6 and , Section Town CANCELLATION OF AGREEMENT In the event that a plan of subdivision of the land affected hereby, as shown on Schedule C hereto (the "plan"), is not registered on or before December 1988, the Town, may, at its option on one month's notice to the Owner, declare this Agreement to be null and void. 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 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. SCHEDULES 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. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the lands, or any part thereof, to enter upon them in order to comply with the provisions of this Agreement. 9. 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 [or herein. 10. 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. (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. ~ 2 11. STORM SEWER CONNECTIONS (1) The Owner ~hall make storm sewer connections at the street line to service all the lots in the plan, 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 them, including clearing any blockages or debris from whatever cause, until they are formally approved by the Town. Such connections shall be constructed to an existing sewer or laterals therefrom according to designs approved by the Director of Public Works and shall be of sufficient size and depth and at proper locations to ser- vice the lands in the plan. (3) No connection under subsection 2 shall be undertaken prior to preliminary acceptance of the storm sewer by the Town, except in an emergency. 12. ROAD, CURBS, GUTTERS, SIDEWALKS, STREET LIGHTING, SIGNS AND STORM SEWERS - IIOWELL CRESCENT (i) (2) (3) (4) (6) The Owner shall pay to the developer of Draft Plan 18T-84005(R) 28% of that developer's costs, as verified by the Town, of the design, *con- struction, installation and maintenance of, (a) (b) (c) (d) (e) (f) a roadway curbs and gutters a sidewalk street lighting traffic control and street name signs, and a storm sewer, including laterals to the street line for each lot to front thereon, on or in Howell Crescent in Draft Plan 18T-84005(R) and in this plan. In order to secure the payment referred to in subsection (1), the Owner shall provide to the Town, within 30 days after the execution of this Agreement, a letter of credit issued by a chartered bank in Canada in a form satisfactory to the Town in the amount of $ , being the pres* ently estimated extent of the Owner's liability under subsection (1). The letter of credit required under subsection (2) shall be in effect for a period of one year from the date of this Agreement, and shall be renewed at the end of that year, and annually thereafter so long as the Owner's liability under subsection (1) continues. The Town shall fix, at its discretion, the amount at which the letter of credit is to be renewed at least B0 days prior to each renewal but in no event shall the renewal amount exceed the original amount as adjusted in accordance with the Southam Construction Cost Index, Ontario Series, composite portion. The amount of the Owner's liability under subsection (1) shall not be affected by the amount from time to time of the security provided under subsection (2) and renewal under subsections (3) and (4). In order to permit the design, construction, installation and maintenance of any services referred to in subsection (1) on Howell Crescent in this plan, the Owner shall, (a) (b) register this plan within 60 days of the registration of Draft Plan 18T-84005(R), or L transfer, free and clear of all encumbrancers, and at no cost to the Town, all of the lands designated }lowell Crescent on Sched- ule C hereto. (7) The Owner authorizes the Town, its successors, assigns, contractors, agents and employees and any other person doing so at the Town's re- quest, to enter the lands designated Howell Crescent on Schedule C hereto in furtherance of the design, construction, installation and mainte- nance of ~ny services referred to in subsection (1) thereon or therein. 13. 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. 14. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $315 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in section 13, above, 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. 15. 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 and elsewhere. The amount of the Policy shall be $5,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewal or renewals within 30 days of the account therefor being rendered by the Town, (4) It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 16. 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 "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works to be constructed, installed or performed by the Owner; ~ (b) guaranteeing the payment of any amounts payable to the Town under section 14 of this Agreement; (2) (3) (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) g~aranteeing 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. 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. 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; (tt) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to he retained by the Town have expired or have been satisfied, discharged or provided for by 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 (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 hy 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 he 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. 17. 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 with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lots in the plan to (2) (3) (4) (5) (6) provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the lots in the plan. 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. The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation and of the Metropolitan Toronto and Region Conservation Authority. The grading of all lots shall be carried out by the Owner in accordance with the approved Grading Control Plan, under the supervision of the Owner's Consulting Engineer. If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance thereof by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. The Owner shall prepare and sod the llowell Crescent boulevard within the plan and 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. 18. 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 defanlt 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 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. 6 19. DEDICATIONS Unless it is earlier transferred to the Town pursuant to section 12(6)(b), the Owner shall dedicate Howell Crescent as public highway upon the registration of the plan. ~ 20. 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 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), above, 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. 21. STREET NAME Unless it is earlier transferred to the Town purguant to section Owner shall name the street on the plan "Howell Crescent". 12(6) (b), the 22. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and lot line. (b) Continuation of Existinlg 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, including Ontario Hydro lands, without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (l). (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 wbich 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 To pay the cost of relocating any existing services and utilities caused by the subdivision work within 30 days of the account for ~ame being rendered by the Town. (ii) Similarly to pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (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 Sll{ns 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) Engineering Drawings (i) 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 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. 23. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the plan 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. 8 24. HOUSING UNITS In the event that more or less than 9 housing units are to be constructed in the plan, an aihendment to this Agreement shall be required. 25. DESIGN PLANNING (1) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architec- tural design objectives for the plan, which approval shall not be unreasonably withheld. The report referred to in subsection (1) may be required, at the Direc~ tor's option, to provide the following information.' (a) (b) (c) (d) (e) (f) (g) house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and any other data or information required. (3) The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. (4) The plans and drawings referred to in subsection (3) may be required, at the Director's option, to provide the following information: (b) (c) (d) (e) (f) 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 pre- served; streetscape for front and rear elevation at a scale acceptable to the Director; streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information required. 26. 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 after December 31, 1987 and before August 1, 1988, or (c) $2,750 per unit if paid after July 31, 1988, for each dwelling unit to be erected in the plan, each payment to be made before the building permit for the unit is issued. 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 /'rom 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 (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. 27. 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 30 hereof. 28. 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. (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 ali costs in connection therewith. 29. EXPIRY OF SECURITIES (1) Except as qualified by the provisions of section 12, should any security required to be given under the terms of this Agreement expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as requiYed, 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 30. PROVISION OF PARKLAND The Owner shall pay to the Town, prior to the registration of the plan, the sum of $11,025~cash in lieu of the provision of parkland and the Town agrees to accept that sum for that purpose, 31. LANDSCAPE PLANNING (1) The Owner shall, prior to the issuance of building permits for any of the units to be erected in the plan, submit a landscaping plan for all of the lots in 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. 32. TREE PLANTING (x) The Owner shall plant on tlowell Crescent in the plan, 9 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 9 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. 33. 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, be governed by the Town Tree Preservation Policy in hereof. the Director shall effect at the date (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 Directors such replacement shall be at no cost to the Town. (6) The Owner's liability under subsection (5), above, sha~l 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 11 (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 proper authorized officers. SIGNED, SEALED & DELIVERED ALASTAIR MACKAY REALTY INC. Alastair Mackay, President D. ALASTAIR MACKAY MANAGEMENT LIMITED Alastair Mackay, President 600201 ONTARIO LIMITED Alastair Mackay, President .,x....~ORATION OF THE TOWN OF PICKERING Buc E. Ande~o~Mglayor e Taylor, Clerk ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the EncumbrancerVs rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not s, uch 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 12 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS The Owner shall complete the works required under this Agreement within two years from the date of the registration of the plan, and shall guarantee the workmanship ahd materials for a period of two years from the date that the 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. CONTRIBUTIONS TO OTHER SERVICES (1) Prior to the registration of the plan, the Owner shall provide to the Town four certified cheques, as follows: (a) one certified cheque payable to "Alastair MacKay Realty Inc.," in the amount of $1,238.90 as adjusted to date of payment, as the Owner's share of the cost of the payee to the acquisition of the southerly portion of the Altona Storm Water Detention Pond; (b) one certified cheque payable to "Meadowcliffe Homes" in the amount of $1,868.03, as adjusted to date of payment, as the Owner's share of the cost. to the payee of the construction of the Altona Storm Water Detention Pond~ and ~ (c) one certified cheque payable to "Meadowcliffe Homes" in the amount of $4,290.10, as adjusted to date of payment, as the Owner's share of the cost to the payee of existing flow oversizing of the Altona Trunk Storm Sewer. (2) The amounts set out in subsection 1 shall be adjusted on June 30, 1987, and annually thereafter in 1988, 1989, 1990 and 1991, according to the Southam Construction Cost Index for Ontario, composite portion. REGISTRATION OF PLAN This plan shall not be registered until Draft Plan 18T-84005(R) has been regis- tered. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands in the plan shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 5. ABUTTING LANDS - LOTS 26 TO 33, PLAN 434 (1) The Owner shall provide to the Town, prior to the registration of the plan, a report indicating the effect that storm water management, site grading, and below and aboveground services within the plan will have on existing vegetation, and drainage patterns on Lots 2-6 to 33, inclusive, Plan 434, Picketing. (2-) The Owner shall undertake and guarantee any works necessary to ensure that existing vegetation and drainage patterns on the lots referred to in subsection (1) are not adversely affected by development. FENCING (1) The Owner shall construct a permanent 1.8 fence, to the satisfaction of the Town, along plan. metre high wood privacy the w~st boundary of the (2-) The permanent fencing required to be constructed pursuant to subsection (1) shall be constructed so as to meet or exceed the requirements for swimming pool enclosures set out in Part II of the Town's By-law 425/76, as amended from time to time, or any successor thereto. A-1 SCHEDULE B I. SPECIAL PROVISIONS REQUIRED BY OTHER AGENCIES The section set out in this Schedule represents a provision not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval, dated March 24. 1986, of Draft Plan 18T-85015 by the Commissioner 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 (%I.T.R.C.A.") 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 in Con- dition 9 of the approval referred to in section 1 of this Schedule. B-1