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HomeMy WebLinkAboutBy-law 3898/91THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 38,08/9 Being a by-law to authorize the execution of a Subdivision Agreement at~ related documentation respecting the development of Part Lot 33, Concession 1, Pickering (Garthwood Homes Limited; 18T-84018(1)). WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 33, Concession 1, Picketing, has been recormnended for approval by the Council of The Corporation of the Town of Picketing and approved by the Commissioner of Planning of the Regional Municipality of Durham as Draft Plan 18T-84018, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement with The Corporation of the Town of Pickering, pursuant to the provisions of the Planning Act 1983, S.O. 1983, chapter I, section 50(6); and WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter 302, section 193( 1 ), the Council of The Corporation of the Town of Picketing may pass byqaws for acquiring any land or interest therein for the purposes of the corporation; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form attached hereto as Schedule A, between Garthwood Homes Limited and The Corporation of the Town of Picketing, respecting the development of Part Lot 33, Concession 1, Picketing (Draft Plan 18T-8,i018, Phase 1). The Corporation of the Town of Picketing shall acquire those lands described in section 22 of the Subdivision Agreement attached hereto as Schedule A, subject to the terms and conditions and for the purposes set out therein. 3. (1) The Corporation of the Town of Pickering shall acquire interests in the nature of easements over those lands described in section 23 of the Subdivision Agreement attached hereto as Schedule A, subject to the terms and conditions set out therein, for storm drainage purposes. (2) The Mayor and Clerk are hereby authorized to execute Transfers of Easement, in the form attached hereto as Schedule B, effecting the acquisition by The Corporation of the Town of Picketing of the interests referred to in subsection (1). BY-LAW read a first, second and third time and finally passed this 16th day of December, 1991. Wayne .~Ar~rs, Mayor Brace Taylor, C]~rk / APPROVED AS TO LE(;AL DffFT. $CI~E~ A THIS SUBDMSION AGREEMENT made December 16, 1991, BETWEEN: GARTHWOOD HOMES LTD. hereinafter called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOW~ OF PICKERI]qG hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to subdivide pan of Lot 33, Concession I, in the Town of Picketing, in the Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-84018 (Phase 1), and is required, as a condition of approval thereof to enter into a subdivision agreemem with the Town pursuant to the Planning Act 1983, S.O. 1983, chapter I, section 50(6); NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the Town conseming to the registration of the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: The lands affected by this Agreement (the "Lands") are Lots I to 12, both inclusive, and Blocks 13 to 21, both inclusive, Plan 40M- , Picketing. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before Sune 30, 1992, 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 (1) Any notice required to be given hereunder may be given by personal delivery or registered mail, (a) in the case of the Owner, to John Lazaridis, Secretary Garthwood Homes Ltd. 1811 Spruce Hill Road Pickering, Ontario LIV 1S5 and (b) in the case of the Town, to The Town Clerk The Corporation of the Town of Picketing Picketing Civic Complex One The Esplanade Picketing, Ontario LIV 6K7 (2) (3) Each Party may redesignate the person or the address, or both, to whom or to which such notice may be given by giving written notice to the other. Any notice given in accordance with this section shall be deemed to have been given on the fLrst business day following the day of delivery or the day of mailing, as the case may be. (l) Whenever in this Agreement the word "Owner" or the pronoun "it" is used, it shall be read and construed as "Owner or Owners" or "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form pail of this Agreement. Time shall be of the essence of this Agreement. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike manner, for the Town, all the municipal services as hereinafter set forlh to the satisfaction of the Town, and shall complete, perform or make payment for such other matters as may he provided for herein. 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. (3) This provision shall not be construed so as to prevent the Owner from changing from one Consulting Engineer to another at any time or times during the development and construction of the project, so long as the Owner has a Consulting Engineer retained at all times. 10. (l) The Owner shall construct a complete storm water drainage and management system, including storm connections to the street line and catch basin leads, to service all the lands in the plan of subdivision, and to provide capacity for lands upstream thereof, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of sufficient size and depth and at locations either within or outside the Lands to service the Lands and the lands outside thereof which, in the opinion of the Director of Public Works, will require its use as a trunk outlet. 2 (4) (5) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet outside the Lands, the Owner may be required to carry out such works as .are necessary to provide an adequate outlet. The Town may connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the system by the Town. No connection under subsection (4), above, shall be undertaken or authorized prior to preliminary acceptance of the system by the Town, except in an emergency. 11. ROAD (1) (2) (3) (4) (5) (6) (7) (8) (9) CONSTRUCTION - PINEGROVE AVENUE Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to its full width all of Pinegrove Avenue within the plan. The Owner shall construct all of Pinegrove Avenue within the plan. The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. The Owner shall construct a temporary turning circle on Pinegrove Avenue, (a) immediately south of Block 22, or (b) immediately north of Block 23. The Director of Public Works may waive the requirement to construct the turning circle referred to in subsection (3), if in his sole discretion he determines that construction in the adjacent plan renders the circle unnecessary. The Owner shall remove, at its sole expense and to the Town's specifications, 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. Until assumption by the Town, the Owner shall maintain and repair all of Pinegrove Avenue within the plan and any replaced turning circle adjacent to the plan and keep them clear of mud, dust, refuse, rubbish or other litter of all types. The Owner shah erect and maintain adequate signs to warn all persons using Pinegrove Avenue within the plan and any replaced tuming circle 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. Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 12. (l) The Owner shall construct curbs and gutters on the roads or parts thereof to be constructed or reconstructed pursuant to section 11, above, and shall maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a driveway, the Owner shall construct a curb depression in the correct location and fR1 in the original curb depression. 13. O) The Owner shall construct the following segments of sidewalk, in each case within six months immediately following the occupancy of the first dwelling unit to be occupied on any lot or block adjacent to that segment, despite the provisions of section I of Schedule A: (a) on the east side of Pinegrove Avenue between the south boundary of Lot I and the north boundary of Block 19; and (2) (3) (b) on the north and west side of Pinegrove Avenue between the west boundary of Lot 12 and the notlh boundary of Block 18. Despite the provisions of subsection (1), wbere the occupancy of the fu~st dwelling unit occurs in November or December of any year, the time limit for construction of the adjacent sidewalk segment shall be extended to June 30 in the following year. The Owner shall maintain each sidewalk segment until it is formally accepted by the Town. 14. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accordance with the standards and ~cifications of Picketing Hydro-Electric Commission, Picketing Cable T.V. Limited or Bell ada, as the case may be. 15. (1) The Owner shall install street lights, including poles and other necessary appurtenances on Pinegrove Avenue within the plan. (2) Electrical service for street lighting shall be provided underg~otmd 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 and upgrading of street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 16. (l) 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, maintained or repaired by the Owner, except those referred to in sections 14 and 15, shall be constructed, maintained or repaired under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. 17. LIABILITY INSURANCE (I) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Certificate of Insurance verifying that a Liability Insurance Policy is in place in a form satisfactory to the Town, naming the Town as an insured and indemnifying the Town from any loss 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 thc policy, may pay the renewal premium or p~emiums 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 policy and to supply proof that the premium of the policy has been paid in order that the protection provided by the policy shall not lapse. 4 18. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose oL (a) guaranteeing the satisfactory construction, installation or performance of the works; (b) guaranteeing the payment of any amounts payable to the Town under this Agreement; (c) guaranteeing the payment of any amount that the Town may he 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. (2) The Owner may, at any time after the first 50%, in value, of works have been constructed, ~.mstalled or performed, and paid for, apply for a reduction in the security and such apphcatinn shall he 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 he claimed against any holdback required to he retained by the Town have expired or have been satisfied, discharged or provided for by payment into court; and (c) seventeen per cent (17%) of the original value where, (i) a certificate of f'mal completion has been made by the Owner's Consulting Engineer; (ii) 45 days following the making of such certificate have expired; and (iii) all liens that may be claimed against any holdback required to he retained by the Town have expired or have been satisfied, discharged or provided for by payment into court; 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) ,;,~'~';~ the approval, ff any, of a reduction in the amount of the security required to he provided in subsection (1), the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 19. STORMWATER CONTROL. DRAINAGE & SODDING The Owner sh~ll provide to the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the plan a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands within the plan to provide for the proper d~alnage thereof and the drainage of all adjacent lands which drain through the lands in the plan. (2) The Grading Comrol Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement, and shall not provide for the drainage of surface run-off water 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 bas~ns to manage adequately, in the opinion of the Town's Director of Community Services and Facilities, that surface nm-off water. (3) The Grading Control Plan is subject to the approval of the Town's Directors of Public Works and Community Services and Facilities. (4) The grading of aH lands shall be carried out by the Owner in accordance with the approved Grading Control Plan, under the supeawision of the Owner's Consulting Engineer. If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works by the Town, the Owner shall correct them by re-grading or by the construction of catch basin.s, swales or other structures as may be necessary to correct such problems. Despite any time limit otherwise applicable pursuant to section I of Schedule A, the Owner shall sod the front, side and rear yards of each of the residential lots and blocks except for paved, planted or treed areas, within the six months immediately following the occupancy of the first dwelling unit erected thereon, unless such occupancy occurs in November or December of any year, in which case the time limit for such sodding shall be extended to June 30 in the following year. 20. INCOMPLETE OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the Owner is not proseculing or causing to he prosecuted the work in connection with this Agreement within the specified thne, or in order that it may be completed within the specified time, or is imprope.rly performing the work, or shah the Owner neglect or abandon it before the complenon, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shah 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 shah the Owner in any other manner, in the opinion of the Director of Public Works, make default in Performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notification be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such worhnen 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 shaH be forthwith notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall he final. (4) Such costs shah include a management fee of twenty per cent (20%) of the labour and material -,-' .... ,.a fi~nher, 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 iraposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 6 21. Upon the registration of the plan, the Owner shall dedicate Pinegrove Avenue as public highway under the jurisdiction of the Town. 22. TRANSFERS - CONVEYANCES (~) Upon the registration of the plan or within the 30 days immediately following the registration thereof, the Owner shall convey to the Town, free and clea~ of ail encumbrances and at no cost to the Town, all of Blocks 22 and 23 (Pinegrove Avenue reserves). (2) Notwithstanding the provisions of subsection (1), any 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 (l) The Owner shall arrange at no cost to the Town for granting to the Town such easements as thc Director of Public Works or his designate shall deem necessary for the provision of storm water drainage and management facilities bo~h within the boundaries of the Lands and across lands adjacent thereto but outside those boundaries. (2) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1) shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approach¢$ To pave all driveway approaches between the c~rb and sidewalk. (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 - Fi. Il & Dcbr~ (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. (~) 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 Ouantitative 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) (0 (h) O) (k) (i) To pay the cost of relocating any existing services and utilities caused by the subdivision work within 30 days of the account for same being rendered by the Town. (i~) Similarly to pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designated by the Director of Public Works. To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may he designated by the Director of Public Works. Prior to the final acceptance of the subdivision, to s.upply the Town with the original drawings of the engineering works for the plan of subdivision, with amendanents, if any, noted thereon. Snow Plowing & Salting of Roads (i) If, in the opinion of the Director of Public Works, the condition of the mad surface of any of Meldron Drive, Pinegrove Avenue, Sandhurst Crescent and Westcreek Drive within the plan is not acceptable for winter control, to snow plow and salt that road from any occupied buildings adjacent thereto to Ahona Road. (ii) Such snow plowing and salting shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the road is 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 comers, the ends of all curves, other than comer roundings and all points of change in direction of streets on the registered plan. 25. CONSTRUCTION & OCCUpANCy OF BUILDINGS (l) No building permit shall be issued for any building or part of a building on the Lands until, sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service; an asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing maintained road; and (c) the Owner has paid to the Town the applicable development charge for each dwelling in that building or part thereof in accordance with By-law 3854/91, enacted pursuant to Development Charges Act 1989, S.O. 1989, chapter 58. (2) No building or part of a building on the Lands shall be occupied except upon the issuance of a municipal occupancy permit. 8 (3) No application for a municipal occupancy permit for a building or par~ of a building shah be made except upon the following conditions: (4) (a) storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (b) electric service is completed and in operation; and (c) such curbs, as in the opinion of the Dixector of Public Works, are required to be completed prior to occupancy have been constructed on the road immediately in front of the building or part thereof and extended to an existing maintained public road. The Owner shall maintain vehicular access to all occupied buildings on the Lands until the roads in the plan are formally assumed by the Town. 26. DESIGN PLANNING - RESIDENTIAL uNrrs AND NOISE ATrENUATION STRUCTURES (1) The Owner shall, prior to, (a) the issuance of any building permit for the construction of any residential unit on the Lands, and (b) the construction of any noise aRenuation stmcture in or adjacent to the plan of subdivision, submit to the Town's Di~ctor of Planning, for approval, a report outlining siting and architectural design objectives for the subdivision, which approval shall not be unreasonably withheld. (2) The repor~ referred to in subsection (I) may be required, at the DLrector's option, to provide the following information: (a) (b) (c) (d) (e) (0 (g) house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and any other data or information reasonably required. The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the Lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. (4) The plans and drawings referred to in subsection (3) may be required, at the Director's option, to provide the following information: (a) (b) (c) (d) (e) (0 the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; the location of landscaping features, including trees to be preserved; streetscape for front and rear elevation at a scale acceptable to the Director; streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information reasonably required. 27. GENERAL PROVISIONS - FINANCIAL MATTERS (1) The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands in the plan of subdivision as required by law from time to time. (b) ~ To prepay prior to the registration of the plan any outstanding local improvement charges levied against any of the lands in the plan of subdivision. 9 (2) (c) ~nre~st To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable hereunder which are not paid on the due dates calculated from such due dates. To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documentation, including transfers, in the Land Titles Office. 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 ~juplied for or on behalf of the Owner in connection with the subdivision, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith, As of the date of this Agreemem, the applicable development charge for each of the fourteen dwelling units to be constructed on the Lands pursuant hereto (one each on Lots I to 12 and one each on the lands described in Items 4 and 6 of the Table in subsection 5(1) of Schedule A hereto) is $4,582, which amount shall be adjusted annually as of October 8th each year, in accordance with the Engineering News Record Cost Index (Toronto). 28. EXPIRY OF SECURITIES (1) Should any security required to be provided hereunder expire before the Town releases the Owner from the terms and conditions hereof, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 29. PARKLAND DEDICATION Prior to the registration of the plan, the Owner shaH, (a) obtain at its expense a written appraisal, prepared by a professional land value appraiser acceptable to the Town, of the value of all the land in the plan as of June 27, 1988, and (b) pay to the Town a sum equal to 5% of that value, which sum the Town shall accept in full satisfaction of the Owner's obligation to provide parkland for the development of Lots 1 to 12, both inclusive, and Blocks 13 to 21, both inclusive. 30. (1) The Owner shah plant in the boulevard on roads within the plan fourteen trees of a size and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shah 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. 10 (4) If the density is too great to enable fourteen trees to be planted, the Owner shaH pay to the Town $175 for every tree which cannot .be planted for tree planting in a public land area within the communily in which the plan ~s located. 3 I. TREE PRESERVATION (1) The Owner shah retain, at its own expense, a qualified expert to prepare a tree inventory and a Tree Preservation Program indicating which existing trees on the lands in the plan shall be preserved. (2) The inventory and Program shall be submitted to the Director of Planning for review and approval by the Director of Community Services and Facilities, and, once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Program, the D/rector shall be governed by the Town Tree Preservation Policy in effect at the date hereof. (4) Until such time as the Program is approved, the Owner shall not commence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any tree. (5) In the ev.em that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the opinion of the Town's D/rector of Community Services and Facilities, damaged to such an extem that its value or longevity is decreased or is likely to be decreased, then the Owner shall replace that tree with a tree of a height, diameter and species determined by the Director; such replacement shah be at no cost to the Town, (6) The Owner's liability under subsection (5) shah continue until, (a) where the lands upon which the tree is located comprise a residential building lot or block, twelve months after the completion of the sodding on the lot or block, or (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 I of Schedule A of this Agreement. IN WRYNESS WHEREOF, the Parties hereto have hereunto af-fixed their respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DFJJVERED GARTHWOOD HOMES LTD. John Lazaridis, Secretary THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Brace Taylor, Clerk 11 ENCUMBRANCER - 669504 ONTARIO LTD. This Agreement shall have priority over and take precedence over all of the rights or interests of 669504 Ontario Ltd. whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instnm~nt or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at , this day of ,1991. SIGNED, SEALED & DELIVERED 669504 ONTARIO LTD. 12 TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (l) In this section, "preservicing" means the undettaking, prior to the registration of this plan of subdivision, of any works or services required to be undertaken by the ~,prOVisions of this Agreement, on the Lands or on any lands adjacent thereto, and reservice" has a corresponding meaning. (2) The Owner may undertake preservicing limited to earthworks (including preliminary ~rading, soil movement and storage) only with the prior written approval of the Town which may be issued by the Town's Legal Services Department only after the Owner has, (a) executed this Agreement; (b) supplied a satisfactory liability insurance policy pursuant to section 17; (c) provided a Grading Control Plan submissi.on pursuant to section 19 which has been approved, subject only to the provision of corrected drawings, by the authorities referred to in section 19(3); and (d) submitted a Tree Preservation Program pursuant to section 31 which has been approved by the authority referred to in section 31(2). The Owner may preservice this project only with the prior written approval of the Town which may he issued by the Town's Legal Services Department only after the Owner has, (a) executed this Agreement; (b) supplied a satisfactory liability insurance policy pursuant to section 17; (c) supplied a satisfactory performance and maintenance security pursuant to section 18; (d) provided a Grading Control Plan submissio.n pursuant to section 19 which has been approved, subject only to the provision of corrected drawings, by the authorities referred to in section 19(3); and (e) submitted a Tree Preservation Program pursuant to section 31 which has been approved by the authority referred to in subsection 31(2). Despite the provisions of subsections (2) and (3), preservicing limited to, (a) making soil quality and compaction tests, (b) surveying the boundaries of the Lands and of proposed lots, blocks and roads thereof, (c) marking existing and proposed grade elevations, (d) tests and examinations of the Lands necessary for the preparation of required pre-development studies, (e) compliance with an approved Tree Preservation Program, (O lawful erection of permitted signs, or (g) any combination thereof, shall not require the prior written approval of the Town. The owner shall complete all works, services and requirements under this Agreement, (a) within one year of the date of registration of the plan of subdivision if preservicing (except preservicing limited to that described in subsections (2) or (4), or both) has occurred with or without the Town's approval, or (3) (4) (5) 13 (6) (b) within two years of that date if no preservicing (except preservicing limited to that described in subsections (2) or (4), or both) has occurred. The Owner shall guarantee all works, workmanship and materials employed or used in the constmctinn, installation or completion of all works, services and requirements under this Agreement for a period of two yearn from the date that the works, services and requirements are approved in writing by the Town. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands in the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. RESERVED FUTURE DEVELOPMENT BLOCK - BLOCK 16 (1) Block 16 shall be reserved for future residential development; such development shall not commence without the prior written approval of the Town which may be subject to conditions. (2) Until such time as Block 16 is developed in accordance herewith, the Owner shall maintain it in a clean and orderly condition to the satisfaction of the Town. RELEASED FUTURE DEVELOPMENT BLOCKS - BLOCKS 13 TO 15 A.ND 17 TO 21 (1) The blocks s~t out in Column I of tbe following Table shall be developed only in conjunction with the lands described in Column H thereof, to provide the number of units set out in Column III thereof.' Item 1. Block 13 Block 10, 18T-84015, Phase 2 1 2. Block 14 Block 11, 18T-84015, Phase 2 I 3. Block 15 Block 12, 18T-$4018, Phase 2, nnd 1 Block 43, 18T-84015 4. Block 17 Block 42, 18T-84015 1 5. Block 18 Block 41, 18T-84015 1 6. Block 19 Block 40, 18T-84015 I 7. Block 20 Block 39, 18T-84015 1 8. Block 21 Block 38, 18T-84015 I (2) The development of the lands described in Columns I and H of Items 4 and 6 of the Table in subsection (1) shall be governed by the provisions of this Agreement. (3) The development of the lands described in Colunms I and H of Items 1, 2 and 3 of the Table in subsection (1) shah be governed by the provisions of the Subdivision Agreement respecting Draft Plan 18T-84018, Phase 2. (4) The development of the lands described in Columns I and H of Items 5, 7 and 8 of the Table in subsection (1) shah be governed by the provisions of the Subdivision Agreement respecting Draft Plan 18T-84015. ADJUSTIVIENTS FOR VARIATION IN EXPECTED NUMBER OF DWELLING UNITS {14) O) This Agreement has been entered into in the expectation that fourteen dwelling units are to be constructed on the Lands pursuant to this Agreement (one each on Lots I to 12 and one each on the lands described in Items 4 and 6 of the Table in subsection 40) of this Schedule). (2) In the event that more or less than fourteen units (as described in subsection (1)) are constructed in this plan pursuant to this Agreement, (a) the amoums payable to the Town pursuant to subsections 16(1) and 30(4), and 14 (3) (b) the number of trees to be planted pursuant to subsection 30(1), shall be pro-rated accordingly by the Town without an amendment to this Agreement. Where the requiremems referred to in subsection (2) are pro-rated by the Town, the Town shall notify the Owner of the pro-rated requirements and the Town and the Owner shall comply therewith as ff the pro-rated requirements were the original requirements provided herein. DELAYED DEVELOPMENT - LOT 12 Despite any other provisions of this Agreement, the Owner shall not apply for, or take any action to compel the issuance of a building permit for the construction of any building on Lot 12 until Block 23has been dedicated as public highway. 15 SPECIAL PROVISIONS REQUIRED BY THE REOIONAL MUNICIPALITY 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 June 28, 1988, of Draft Plan 18T-84018 (herein called the "Approval") by the Commissioner of Planning of the Regional Municipality of Durham. METROPOLITAN TORONTO AND IREGION CONSERVATION AUTHORITY M.T.R.C.A. requires that, (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 Condition 13 of the Approval; (b) the Owner shall not place f'dl, grade, construct any buildings or structures without prior written approval being given by M.T.R.C.A. MINISTRY OF NATURAL RESOURCES ¢"M.N.R.") M.N.R. requires that the Owner shall carry out or cause to be carried out the recommendations of the reports required in Condition 16 of the Approval. 16