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HomeMy WebLinkAboutBy-law 5084/97REPEALED BY ,_. REPEALS . AMENDED BY ~ , , AMENDS DISPOSITION THE CORPORATION OF THETOWN OF pICKERINO BY-LAW NO. 5084/9~ Being a by. law to authorize the execution of a Subdivision ~Igreement and related dacumentatton respecting the d~velopmem of part of Lot $1, Concession 1, Pickering [Cougs Investments £td. - 18T-94004]. WHEREAS the proposal to subdivide and register a plan of subdivision of part of Lot 31, Concession 1, Picketing, has been approved by the Commissioner of Planning of The Regional Municipality of Durham as Draft Plan 18T-94004, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreemem with The Corporation of the Town of Picketing, pursuant to the provisions of the Planning Act, R.S.O. 1990, chapter P. 13 section 52(6) and WHEREAS, pursuant to the provision of the Municipal Act, R.S.O. 1990, chapter M.45, section 191 (1) the Council of the Corporation of the Town of Pickering may pass by-laws for acquiring any land or interest therein for the purposes of the corporation. NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. (a) The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement substantially in accordance with the tbrm attached hereto as Schedule A, between Cougs Investments Ltd. and The Corporation of the Town of Pickering, respecting the development of part of Lot 31, Concession, Picketing, being Draft Plan 18T-94004. (b) The Corporation of the Town of Pickering shall acquire those lands or interests in the lands referred to in section 34 and identified in Schedule A of that Subdivision Agreement subject to the terms and conditions and for the purposes set out therein. 2. The Mayor and Clerk are hereby authorized to execute Transfers/Deeds of Easement in the form attached hereto as Schedule B, effecting the acquisition by The Corporation of the Town of Picketing of any interests in the nature of storm drainage works easements in the land comprising Dratt Plan 18T-94004. BY-LAW read a first, second and third time and finally passed this 5th day of August, 1997. TOWN OF' ' ~~ Wayne Arthur', Mayor ,. , : 8c~e. A SUBDIVISI°N AGREEMENT made August 5, 1997, pursuant to the provisions of section 51 of tl~ :Piannlng.~et, R;S,O, i990, chapter P.13, BETWEEN: COUGS 'NVESTMENTS LTD~ herein called ch~: "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to subdivide part of Lot 31, Concession 1, in the Town of Pickering, 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 l 8T-94004, and is required as a condition of approval thereof to enter into a subdivision agreement with the Town pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P. 13; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the Town consenting 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: PART 1 - INTERPRETING AND APPLYING THIS AGREEMENT 1. LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots 1 to 10 inclusive, Plan 40M- , Picketing. 2. STATUS OF THIS AGREEMENT (1) In the event the plan of subdivision is not registered on or before April 5, 1998, this Agreement shall 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. (2) This Agreement is entered into and executed by the Owner for the purpose of having the Town act in reliance on the covenants by the Owner contained herein and the Owner hereby waives any right or claim which it now has or may hereinafter acquire which is inconsistent with the terms of this Agreement. (1) Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as "h~", "she", "they", "him", "her" or "them", and the number of the verb agreeing therewith shall be construed a~cordingly. (2) Schedules A, B, C, D and E attached hereto shall form part of this Agreement. (3) Time shall be of the essence of this Agreement. 4. BINDING PARTIES This Agreement shall be enforceable by and against the Parties hereto, their heirs, executors, administrators, successors and assigns, and the Agreement and all the covenants by the Owner contained herein shall nm with the Lands for the benefit of the Town and the land or interests in land owned by the Town upon the registration oftbe plan. 5. 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 Jerimiah F. Coughlan, President Cougs Investments Ltd. 27 Buggey Lane Ajax, Ontario LIS 4S7 and (b) in the case of the Town, to The Town Clerk The Corporation of the Town of Picketing Pickering Civic Complex One The Esplanade Picketing, Ontario LIV 6K7 (2) 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. (3) Any notice given in accordance with this section shall be deemed to have been given on the second day following the day of delivery or the day of mailing, as the case may be. 6. LI___CENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enable the Owner and th~ Town's inspectors to enter upon the Lands in order to comply with the provisions of this Agreement. The Owner shall complete in a good workmanlike manner for the Town, all thc municipal services as h~er s~t forth to the satisfaction of'the Town, and shall complete, perform or make payment for such other matg~'~ as may be provided for herein. $. OWNER'S EXPOSE Every provision of this Agreement by which the Owner is obligated in any way shall be deemed ~o include the words "at the expense of the Owner ~nd at no expense to the Town" unless the context requires otherwise. PART 2 - CONSTRUCTING THE TOWN'S SERVICES 9. ~O.NSULTING 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 the work required to be done for the development and construction of the project. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work required to be done for the development and construction of the project is completed and formally accepted by the Town. (3) The Owner may change 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. CONSTRUCTION / INSTALLATION OF TOWN WORKS AND SERVICES (1) The Owner shall obt~Sn all required approvals and shall construct or install to Town standards and shall provide to the Town, complete in every detail, the following Town works and services (the "Works") as shown on plans submitted by the Owner's Consulting Engineer to the Town and approved by the Town's Director of Public Works in accordance with the Town's specifications for such Works: (a) Town roads within the plan, complete with all signs and other appurtenances; (b) Town roads adjacent to the plan and not separated from the plan by a reserve or reserves, complete with all appurtenances; (c) removal and replacement of any temporary turning circle located immediately adjacent to the plan on a Town road to be extended into the plan; (d) street storm sewers on roads referred to in (a) and (b), complete with curbs, gutters, catchbasins and manholes; (e) storm water drainage and management system serving the lands in the plan and lands outside the plan but draining through the plan, complete with detention or retention facilities, quality control devices and outlets; (f) boulevards and sidewalks on Town roads within the plan, on Town roads adjacent to the plan but not separated from the plan by a reserve or reserves, and on Town roads to ~ oxtended into the plan where the Owner is required to remove and replace a temporary turning circle; '~-peratad from the pla~ by a re.rye or re.ryes, and on Town roads to be ext~r~ded into the plan where the Owner is required to remove end replace a temporary tumin~ circle; (h) strut tree planting on Town ro~ within the plnn, on Town roads adjacent to thc plan b~t not separated from the plan by a reserve or reserves, end on Town roads to be extended into the plan where the Owner is required to remove end replace a t~mporary tttmin~ (i) welkways on walkway blocks and park entrances, complete with walkway fencing and lighting; and (j) other fencing, including, (i) £cncing adjacent to commercial sites, school sites, parks, open space, sturm water management £acilitics and roads adjacent to the plan and separated ~rom thc plan by a reserve or reserves, and (ii) noise attenuation fencing. (2) If at any time prior to thc acceptance of the Works, the Town*s Director o£Public Works is o£thc opinion that additional works arc necessary to provide adequately any of the public services required by thc project, thc Owner shall construct, install or per£orm such additional works at the request of the Director. (3) All Works shall be constructed and installed in accordance with the Town's specifications and in n good and workmanlike manner under the supervision of the Owner's Consulting Engineer and under the observation of the Town's inspectors or, in the case of street lighting, Pickering Hydro's inspectors. (4) The Owner shall conduct video inspections of all underground services required to be constructed or installed hereby and shall provide a VHS-format videotape record of those inspections to the Town. (5) The Owner shall pay to the Town the Town's costs of inspection, including but not necessarily limited to, salaries and wages of inspectors, testing fees and administration fees, within 30 days of invoices being rendered. GENERAL REGULATIONS RESPECTING SERVICING (1) The construction of Town roads shall include the construction of paved driveway approaches between thc curb and side'.~:alk or, where no sidewalk is to be provided, between the curb and the lot line. (2) Where the construction or installation of services involves a continuation or extension of existing services, the Owner shall join into the existing services, including adju.~nent of grades where necessary, in a good and workmate manner. (3) Thc Owner shall not dump nor permit to be dumped any fill or debris on, nor remove or permit to be removed any fill from, any public lands, other than in thc actual construction of roads in the project without the written consent of the authority responsible for such lands~ (4) The Owner shall not burn nor permit to be burned any refuse or debris within the project or adjacent to it. (5) ~ Town's~ Director of Public Works: tony have qunlitative or quanti~e~ive tests made of any materials which hav~ be~n or ere proposed to be used in the construction or installation of any ~d. the cost of such. tc~s shall be peid by the Owner within (6) The Owner shall pay, within 30 days of invoices being rendered, the costs of, (a) relocating any existing services or utilities required to be relocated by thc construction or installation of Works, services, or utilities in the project, and (b) moving any Works, services or utilities installed in driveways or so close thereto, in thc opinion of the Town's Director of Public Works, as to interfere with thc use of thc driveway. (7) Unless otherwise provided herein, the Owner shall perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (8) The Owner shall provide and erect temporary signs of such nature and at such locations as designated by the Town's Director of Public Works. 12. ELECTRICAL SERVICES Where electricity, cable television service or telephone service ~s to be provided to any lot or block in the project, it shall be provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Commission, Trillium Cable T.V. Limited or Bell Canada, as the case may be. 13. TREE INVENTORY / TREE PRESERVATION PROGRAM (1) The Owner shall aubmita Tree Inventory and a Tree Preservation Program prepared by a qualified expert, and based upon the Town-approved Grading Control Plan, indicating which existing trees in the project may be preserved to the Town's Director of Public Works for the review and approval of the Town's Director of Planning and Director of Parks and Facilities, and shall implement the Program as approved only. (2) Until the Tree Preservation Program is approved the Owner shall not commence, nor allow to be commenced, any aspect of the developmem of the lands in the project, including the removal of any tree. (3) 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 Facilities, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall replace that tree with a tree of a height, diameter and species determined by the Director; such replacement shall be at no cost to the Town. (4) The Owner's liability under subsection (3) shall 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 issuance by the Town of the Final Acceptance Certificate. 14. GRADING CONTROL PLAN / LOT DRAINAGE ~qD SODDIN__Q (1) The Owner shall submit to the Town, for the approval of the Town's Director of Public Works, a Grading Control Plan (including a geotechnical soils analysis) prepm'ed by the Owner's Consulting Engineer, establishing the proposed grading of the lands in the project to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the lands in th.~ project. .' (2) TI~ Onldin8 Control Plan ahall b~ prepared in ~o~ ~ ~ To~'s ~i D~ ~lfi~ ~ ~1 ~t ~vi~ for ~ ~o of s~ ~ff ~ ~ To~-o~ ~. o~n s~ or w~kway, ~,, provi,ion i, ~ for t~ ~l~ion by ~ Ow~r. ~ ~ co~ m ~ To~, of s~mbl~ swa~ ~d ~h ~i~ ~ ~e ~ly, in ~ opi~on of ~. ~e To~'s Di~mr ofP~ ~d F~ilitie~ ~ s~ ~-off wa~r. (3) Tho O~or ~1 ~ ~1 ~ 1~ in ~e proj~t ~ ~ce wi~ ~ approv~ Gr~i~ Con~l Pt~. ens~n~ ~t su~cient to, ii ~ns ~ cov~ on ali ~ of ~e project in~a~ .. for ~dding, g~ing, or o~r p~ting. (4) If&e To~ dete~ines ~t, (a) ~ing ~ not b~n done ~ ~cor~ce ~th ~e Gr~ing Control PI~, grading ~ ~n done in accor~ ~ ~e Grading Consol Pi~ but ~i~ge problems rem~n, or (c) sufficient topsoil has not ~en le~ in the appropriate ~, &e Owner ~11 re-grade ~e project, or p~ ~emof affected, adding a sufficient ~o~t of topsoil if n~cess~, or cons~ct catch b~ins, sw~es or other st~ct~es ~ may be nccess~ to co.cci such problems, ~ digcted by thc Town's Director of Public Works. (5) ~e O~cr shall sod the front, side and re~ y~ds of each of the residential lots ~d blocks in ~e project except for ~ved, pl~ted or treed ~eas prior to the occup~cy of thc dwelling ~il lo~ted ~con or within the six months immediately therea~er except, where the occup~cy of · e dwelling unit ~c~s in November or December of ~y year. ~e time limit for sodding may ~ extended to June 30 in the following ye~, 15. AUTHORIZATION TO COMMI~NCE WORK. The Owner shall not commence the corlstruction or installation of any of the Works without the written Authorization to Commence Work of the Town's Director of Public Works, which Authorization shall not be issued until: (a) four red-lined copies of this Agreement executed by the Owner and all Encumbrancers have been provided to the Town to the satisfaction of the Town Solicitor; (b) all of the insurance requirements outlined in section 24 together with any securities required by this Agreement have been provided to the satisfaction of the Town Treasurer and the Town Solicitor; (c) all approvals and l~rmits have been obtained by the Owner from the MinistD of the Environment, the Ministry of Natural Resources and the Metropolitan Toronto ar, d Region Conservation Authority, or a certificate has been provided by the Owner's Consulting Engineer that no such approvals or permits are required, along with all approvals required by this Agreement; (d) conveyance of good title, free and clear of all encumbrances, to the Town, of all n~essary F_,aaoments and Transfers of interests in lands lying outside of the Lands as identified in Schedule A; mM (e) the Owner's Solicitor has provided, at the Owner's expense, a certificate of clear title, to the satisfaction of the Town Solicitor, of all the lands and interests of lands conveyed to the Town, lying outside of the lands, aa m~t out in Schedule A hereto. UliE OF WO~ PENDP~O COMPLETION / EMERGENCY REPAIIL~ (I) Any of the Works may be used by the Town, or by such oth~r per~n or agency as may be authorized by the Town's Director of Public Works, t'or tbe purposes for which the Works a~ daigned, and such u~ shall not be deemed an $~eptance of any of the Works by the Town, nor an a~umption by the Town of any liability in connection therewith, nor a release of the Owner from any of its obligation~ under this Agreement, (2) The Town may make emergency repairs at any time to any of the Works and may fbr this purpose enter the Lands at any time; such repair or entry shall not be deemed an acceptance of any of the Works by the Town, nor an assumption by the Town of any liability in connection therewith, nor a release ct' the Owner from any of its obligations under this Agreement. 17. INTERNAL / EXTERNAL ROAD MAINTENANCE AND REPAIR / SNOW PLOWING (1) Throughout the term of this Agreement, the Owner shall, (a) maintain all Town roads within the project in a mud and dust free condition and free of obstructions, regardless of the source or cause of any mud, dust or obstruction; (b) maintain all Town roads outside the project, including boulevards, in a mud and dust free condition and lYee of obstructions, where the source or cause of tile mud, dust or obstruction is an o~ration or operations related in any way to Che development of the project; (c) repair all Town roads outside the project, including boulevards, where damage has occurred as a result of an operation or operations related in any way to the development of the project; and (d) plow anew from and salt all Town roads within the project that are not subject to the Town's winter control program. (2) The Owner, within 24 hours of verbal notification by the Town to it or its representatives, shall undertake such works as are necessary to clean, clear, repair, plow or salt any Town road requiring such work in the opinion of the Town's Director of Public Works or his designate. 18. COMPLI~TION D~TI~$ - TOWN WORKS AND SERVICES (1) The Owner shall complete the Works in accordance with the following time limits: (a) Town roads within the plan - two years from date of Authorization to Commence Work; (b) Town roads adjacent to the plan - two years from date of Authorization to Commence Work; (c) removal and replacement of any temporary turning circle - two years from date of Authorization to Commence Work; (d) street storm sewers - one year f~om date of Authorization to Commence Work; (e) storm water drainage and management system (including grading and top-soiling of non- residential lots and blocks) - one year from date of Authorization t~ Commence Work; (f)(i) boulevards and sidewalks on Town roads within ~he plan, on Town roads adjacent to the plan but not separated from the plan by a reserve or reserves - six months ai%r occupancy of ~ dwelling to be occupied adjacent to segment as identified by the Town's Director of Public Works, but no later than two years from date of Authorization to Commence Work; (fXii) ~u!~ards and sidewalks on Town roads to be extended into the plan where the Owner is required to remove and replace a temporary turning circle - two years from date of Authorization to Commence Work; (g) street lighting - one year from date of Au0~orization to Commence Work; (h) street tree planting, two years from date of Authorization to Commence Work; (i) walkways, walkway fencing and walkway lighting - prior to the occupancy of any dwelling adjacent thereto; ~JXi) other fencing adjacent to, A parks, opon space and storm water management facilities - prior to the occupancy of any dwelling adjacent thereto; B commercial sites and school sites - one year from date of Authorization to Commence Work: and C roads adjacent to the plan and separated from the plan by a reserve or reserves - six months after occupancy of first dwelling to be occupied adjacent to segment as identified by the Town's Director of Public Works, but no later than two years lycra date of Authorization to Commence Work; and (j)(ii) noise attenuation ti~ncing, prior to the occupancy of any dwelling adjacent thereto, following the satisfactory completion and testinI~ of all of which, and the approval thereof by the Town, the Town shall issue to the Owner a Completion Acceptance Certificate. (2) Despite the provisions of subsections (l)(f)(i) and (l)(j)(i)C, where the occupancy of the first dwelling unit occurs in November or December of any year, the time limit for construction of the adjacent boulevard, sidewalk or fencing segment shall be extended to June 30 in the following year. 19. FAILURE TO COMPLETE / IMPROPER PERFORMANCE (1) If, in the opinion of the Town's Director of Public Works, the Owner is not constructing or installing the Works, or causing th~m to be constructed or installed, within ttie specified time or so that they may be completed within the specified time, or is improperly performing the Works, or has neglected or abandoned them before completion, or has unreasonably delayed them so that the terms and conditions of this Agreement are being violated or executed carelessly or in bad faith, or has neglected or refused to renew or again perform Works rejected by the Director of PubLic Works as defective or unsuitable, or has in any other manner, in the opinion of the Director of Public Works, defaulted i~ the performance of the terms and conditions of this Agreement, then the Director :.../notify the Owner and his surety in writing of the default or neglect and if the notification be without effect for seven days, then the Director shall have full authority to make any payment or do any thing, including but not limited to obtaining materials, tools and machinery and employing persons required for the proper completion of the Works or rectification of the default, 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 Director may act without prior notice but the Owner and its surety shall be notified forthwith. (3) The cost of rectifying the default shall be calculated by the Director of Public Works, whose decision shall be final, and may be charged to the Owner, together with a 25 per cent engineering and administration fee, by drawing upon the letter of credit filed with the Town under section 21, {3UARANTE£ OF ~RK~. ~ORKMANSHIP AND ~IATERtAL~ (1) The Owrm, dud[ gum~n~ all Wod~ wodmumship m~l marries employed or ,,_:'~ in tl~ coition, im~lallal~on or oompletion of World, ~,vicos and other requiremen~ ~le~ thi~ Agreement for a minimum period of two years (ti~ "maintenance period") following the issuance of the_ Completion Acne.marten Certifi_eate by the Town. (2) Despite any other provisions of this Ard~'~ncnt, the r~aponsibilities of the Owner during the maintenance period shall include the maintenance of the Works, including the rectification of any unsatisfactorily installed Works. (3) Prior to tile end of the maintenance period, the Owner's Consulting Engineer shall submit to the Town, (a) "as built" conslrdction drawings for the Works complete as per Town sumdards, together with that Consulting Engineer's certificate that those d~.wings accurately depict the Works as constructed; and (b) a statement by an Ontario Land Surveyor that all standard iron bars as shown on the registered plan, and survey monuments at all block comers, at the ends of all curves (other than comer roundings) and at all points of change in direction of struts in the plan have been found or re-established. (4) Prior to the end of the maintenance period, the Town will re-inspect the Works and if. (a) the Works are acceptable; and (b) the Owner has performed all of its obligations under the terms of this Agreement to the satisfaction of the the Town wit' issue to thc Owner a Final Acceptance Certificate at which time thc Town will assume ov,..~e~ ~hip of the Works and the operation and maintenance thereof, and the maintenance period will then end. (5)If upon the re-inspection conducted prior to the end of the maintenance period, (a) the Works are not acceptable, cr (b) the Owner has not performed all of its obligations under the terms of this Agreement to the satisfaction of the Town, the Town will advise the Owner of the deficiencies, the expected rectifications, and the time limited for implementing the rectifications (the "rectification period") and the maintenance period shall be extended to the end oftbe rectification period. (6) At the end of the rectification period, the Town will re-inspect the Works and if, (a) the Works are acceptable; and (b) the Owner has performed all of its obligations under the terms of this Agreement to the s,~tisfaction of the Town, the Town will issue to the Owner a Final Acceptance Certificate at which time the Town will assume ownership of the Works and thc operation and maintenance thereof, and the maintenance period will then end. :, (7) If upon the r~-insp~tion conducted at the end of the rectification period, (a) the Works are still not acceptable, or (b) the Owner has not performed all of its obligations under the terms of this Agreement to ~ the satisfaction of the Town, the Town's Director of Public Works shall determine, in his sole discretion, whether a further rectification period will be granted, and, if so, upon what terms and conditions, o~' ~vbether the Town shall proceed under the provisions of section 19, or both. PERFORMANCE AND MAINTENANCE SECURITY (1) Before this Agreement will be executed by the Town, the Owner shall file with the Town an irrevocable letter of credit, issued by a chartered bank in Canada in the form set om in Schedule B and in an amount established by the Director of Public Works (the "original value"), as a performance and maintenance security for the purpose of, (a) guaranteeing the satisfactory construction, installation or performance of the Works; (b) guaranteeing the payment of any amounts payable to the Town under this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Com'truction Lien ,4ct, or any successor thereto, and (d) guaranteeing all Works, workmanship and materials during the maintene ~ce period and any rectification period or periods and until a Final Acceptance Certificate has been issued by the Town's Director of Public Works. (2) The Owner may, at any time after the first 50 per cent, 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 leu (a) 60 per cent of the original value where no certificate or declaration of substantial performance has been made; (b) 35 per cent of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by payment into court; and (c) 17 per cent of the original value where, (i) a certificate of final completion has been made by the Owner's Consulting Engineer; (ii) 45 days following thc making of such c~rtificat~ have expired; (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have b~en satisfied, discharged or provided for by payment into court; and (iv) a Completion Acceptance Certificate has been issued by the Town's Director of Public Works, which 17 per cent portion shall secure the guarantee of Works, workmanship and materials, until a Final Acceptance Certificate has been issued by the Town's Director of Public Works, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. (4) Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection (1), the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 22. OWNER'S GENERAL INDE~_MNITY Until the Town's Director of Public Works has issued the Final Acceptance Certificate for the Works, the Owner shall indemnify the Town against all actions, causes of actions, suits, claims and demands whatsoever, "~" '-- ~ " ~ w,~lc~, .~ay arise either directly or ~nmrecdy by reason of the Owner undertaking the project or servicing the Lands as required under this Agreement. 23. OCCUPATIONAL HEALTH AND SAFETY (1) The Owner certifies that it is aware of its duties and obligations under the Occupational Health andSafety Act, or any successor thereto, and all Regulations thereunder (in this section called the "Act"), and shall ensure that its employees, contractors, subcontractors and their employees, (a) are aware of their resin, :rive duties and obligations under the Act, and Co) have sufficient knowledge and training to perform ali works and services required pursuant to this Agreement safely and in compliance with the Act. (2) In the performance of all works and services required pursuant to this Agreement, the Owner shall, (a) act safely and comply in all respects with the Act, and Co) ensure that its employees, contractors, subcontractors and their employees act safely and comply in all respects with the Act. (3) The Owner shall rectify any unsafe act or practice and any non-compliance with the Act immediately upon being notified by any person of the existence of such act, practice or non- compliance. (4) The Owner shall permit representatives of the Town on the site wbere any works or services r~uired pursuant to this Agreement are being performed at any time or times f-~r the purpose of inspection to determine compliance with this section. (5) No act or omission by the Town or any representative oftbe Town (including the entering into ~f this Agreement) shall be deemed to be an assumption of any of the duties or obligations of the Owner, its employees, contractors, subcontractors and their employees under the Act. H (6) In addition to the Owner's general indemnification of the Town pursuant to section 22, above, the Owner shall indemnify and save harmless the Town, (a) fi.om any loss, inconvenience, damage or cost to the Town which may result from the Owner or any of its employees, contractors, subcontractors and their employees failing to act safely or to comply in all respects with the Act in the performance of any work or service required pursuant to this Agreement; and (b) against any action or claim, or costa related thereto, brought against the Town by any person arising out of any unsafe act or practice or any non-compliance with the Act by the Owner or any of its employees, contractors, subcontractors and their employees in the performance of any work or service required pursuant to this Agreement. 24. LIABILITY INSURANCE POLICY / PROVISION FOR DEDUCTIBLE (1) Before this Agreement will be executed by the Town, the Owner shall file with the Town a Certificate of Insurance verifying that a Liability Insurance Policy is in effect, setting out the essential terms nnd conditions of the insurance, and naming the Town as additional named insured, all of which shall be subject to the approval of the Town Solicitor. (2) The policy shall comply with the following provisions: (a) the minimum, limit pe_r occurr, en~ shall be $5,000,000 all inclusive for property damage and personal liability; (b) it shall not contain a clause for exclusion for blasting; and (e) it may not be cancelled unless prior notice by registered letter has been given to the Town by the insurer thirty days in advance of the expiry date. (3) The policy premium must be paid initially for a period of one year and the policy shall be renewed for further one year periods until the Final Acceptance Certificate has been issued by the Town's Director of Public Works. (4) If the policy coverage is subject to a deductible amount, the Owner shall file with the Town, when filing the Certificate of Insurance, a certified cheque or letter of credit with the Town in the deductible amount, as a deposit, together with a letter from the Owner authorizing the Town to appoint an independent adjuster and to investigate claims less than the deductible amount and authorizing the Town to pay such claims deemed valid by the adjuster out of the deposit; the Owner shall be responsible for all adjustment service costs and shall maintain the deposit throughout the term of this agreement in the amount of the deductible. (5) The provision of the insurance policy required by this section shall not relieve the Owner fi.om liability for claims not covered by the policy or which exceed its limits, if any, for which the Owner may be held responsible. PART 3 o DEVELOPING THE PROJECT 25. CONSTRUCTION AND OCCUPANCY OF BUILDINGS (I) No building permit shall be issued for any building or part of a building on the Lands until, (a) all buildings and structures on the Lands prior to draft plan approval have b~n demolished by the Owner; (b) s~wer and water facilities are available, and in the opinion of the Town's Director of Public Works, capable of providing adequate service; (c) an asphalt base has been laid on the mad immediately in front of the building or part thereof and extended to an existing maintained road; and (d) 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 the Development Charges ,4 ct. (2) No building or part of a building on the Lands s~'all 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: (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 Town's Director 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. (4) 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 UNITS AND NOISE ATTENUATION STRUCTURES (!) Prior to the issuance of any building permit for the construction of any residential unit on the Lands and the construction of any noise attenuation structure in or adjacent to the project, the Owner shall submit to the Town's Director of Planning, for approval, a report outlining siting and architectural design objectives for the project. (2) That report may be required, at the Director's option, to provide the following information: (a) house massing; (b) streetscape; (c) exterior materials and colours; (d) architectural style; (e) visual variety; (f) energy conservation measures; and (g) any other data or information reasonably required. (3) Prior to the issuance of each building permit for the construction of a residential unit on the Lands, the Owner shall submit to the Town's Director of Planning, for approval, site plans and architectural drawings for that unit. (4) Those plans and drawings may be required, at the Director's option, to provide the following information: (a) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; (b) the location of landscaping feat-ares, including trees to be preserved; (c) s~reet~cape for front, rear and flankage elevations at a scale acceptable to the Director; (d) streetscape to show all street furniture and vegetation; (e) the relationship of buildings by blocks; and (0 any other data or information reasonably required. SPEC!F!~ PROVISIONS ~SPECT~O DEVELOP.ME~_~_ T The Owner shall comply with any specific provisions respecting the development of this project set out in Schedul~ D. PART 4 - FINANCIAL MATTERS 28. EXPIRY OF SECURITIES (1) Should any letter of credit 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 ia advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shall be in a form and amount satisfactory to 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 the expi~ng security. 29. pAYMENT OF LII~.~NS AND OTHER CLAIMS (1) Thc Owner shall discharge or vacate any liens or claims filed with the Town or registered on title to any Town-owned lands within thirty days of being requested to do so by the Town. (2) At the end of the maintenance period, as extended during any rectification period, thc Owner shall file with the Town a Statutory Declaration stating that, (a) all materials have been supplied and all services and works have been completed in the project with respect to the construction and installation of Works and other services; (b) all accounts for work or service performed and materials placed or furnished upon or in respect of the construction and installation of Works and other services in the project have been fully paid and satisfied and no person is entitled to claim a lien under the Construction Lien .4ct against the Town or any Town-owned land; (c) there are no judgments or executions filed against the Owner; (d) nothing is owed by the Owner or claimed against it for unemployment insurance deductions, income tax deductions, or by way of comribution or assessment under the Work, ers' Compensation Act; (e) thc Owner has not made any assignment for the benefit of creditors, nor has any receiving order been made against it under the Bankruptcy ~4ct, nor has any petition for such an order been served upon the Owner; and (f) 45 days have passed since the completion of the construction, installation, and last rectification of the Works and services. 30. PAYMENT OF INTEREST ON OVERDUE AMOUNTS pAyABI.I~. Tl~ Owner shall pay intereat at the rate of 18 per cent per ye, ar to the Town on all sums of money payable h~mmder which a~e not paid on the due dates calculated from such due dates. 31. PAYMENT OF RE~LTY AND BUSINESS TAXES / LOCAL IMPROVEMENT CHARGES (1) The Owner shall pay in full as they come due all realty and business taxes assessed against the Lands or the Owner as required by law from time to time. (2) Before this Agreement will be executed by the Town. the Owner shall commute and pay to the Town or to the Regional Municipality of Durham all local improvement charges assessed against the lands in the plan. 32. .PAYMENT OF DEVELOPMENT CHARGES (1) The Owner shall pay to the Town, in accordance with the Development Charges ,4ct and the Town's Development Charges By-law 3854/91, development charges for each dwelling unit within the project. (2) The amount of the development charge for each dwelling to be erected in the plan shall be the amount set out in Schedule C for that type of dwelling, as adjusted annually in accordance with Schedule C. (3) Where a development charge is payable for a dwelling located on a parcel of land comprised o£ land in this plan and land not in this plan, the amount of the development charge payable for that dwelling shall be the amount calculated in accordance with the provisions of the subdivision agreement for the most recently registered of the plan or plans within which the parcel is located. 33. PAYMENT OF ENGINEERING, LEGAL AND REGISTRATION FEES (1) Prior to the release for registration of this plan, the Owner shall pay by certified cheque to the Town an Engineering Drawing Inspection Fee in the amount set out in Schedule C for the examination and inspection done by the Town's Public Works Department in the processing of the engineering drawings for this project, (2) Prior to this Agreement being submitted to Town Council for consideration, the Owner shall pay by certified cheque to the Town a Subdivision Agreement Processing Fee in the amount set out in Schedule C for the preparation and processing of this Agreement by the Town's Legal Services Department. (3) Prior to the release for registration of this plan, the Owner shall pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision, this Agreement, or any other documentation, including transfers, in the Land Registry Office. PART 5 - TRANSFERS AND REGISTRATIONS 34. TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF (1) Prior to the release t~r registration &this plan, the Owner shall convey or cause to be conveyed to the Town, free and clear of all encumbrances and at no cost to the Town, all of the lands or such interests in lands identified in Schedule A for the purposes set out therein. (2) The Owner hereby warrants that, upon such conveyance, neither the title to the lands conveyed nor their physical state and condition shall prevent the Town from lawfully or physically using the lands for the purposes for which they are being conveyed as set out in Schedule A. (:3) Where none of the lands idsntifled in Schedule A are to be conveyed for parkland purpo~,,es, the Owner shall pay to the Town, before this Agreement will be executed by the Town, an amount cal{:ulated in accordance with the provisions of Schedule A in lieu of a parkland conveyance. (4) Any Transfer/Deed given pursuant to this Agreement shall be in a form acceptable to the Town Solicitor and any Transfer/Deed of a storm drainage works easement shall contain the Storm Drainage Works Easement Schedule set out in Schedule A. (5) The Town may complete or alter any description of land in this Agreement or in any Transfer/Deed given pursuant to this Agreement so as to make the description correspond with the description of the land according to the plan which is to be registered pursuant to this Agreement, 35. RELEASE OF THE PLAN FOR REGISTRATION Before the Town will advise the Regional Municipality of Durham that the conditions of Draft Approval affecting the Town have been satisfied, the Owner shall deliver to the Town the following: (a) four red-lined copies of this Agreement executed by the Owner and all Encumbrancers; (b) all monies, securities and insurance required by this Agreement; (c) three executed copies, in a form suitable for registration, of each Transfer/Deed required by section 34 respecting the conveyances identified in Schedule A, and one draft copy of each required reference plan. (d) a certificate of clear title to the Lands being conveyed to the Town, from the Solicitor for thc Owner, in favour of the Town which certificate shall be prepared in a form acceptable to the Town Solicitor at no cost to the Town. 36. REGISTRATION OF AGREEMENT_ (1) This Agreement shall be registered by the Town in the Land Registry Office in either the Land Titles Division (No. 40) or the Land Registry Division of Durham, whichever is applicable to the system in which the lands lie. (2) Prior to the registrxtion of this Agreement, the Owner shall pay all registration costs relating in any way to the registration of this Agreement, or any other documentation relating to this project. (3) Prior to the registration of this Agreement, the Owner's Solicitor will provide, at the Owner's expense., a certificate of title, to the satisfaction of the Town Solicitor, of all the lands and interests of lands conveyed to the Town as set out in Schedule A hereto. (4) The Owner shall indemnify and save harmless the Town from any loss, inconvenience or damage which may result to the Town fi'om the Owner's failure to comply with subsection (2) and against any action or claim made against the Town by any person other than the Owner arising out of the execution by the Town of this Agreement. (5) The Owner shall give to every purchaser of the Lands or any part of the Lands actual notice of the existence and 'the terms of this Agreement and shall include an acknowledgment in any offer to purchase or other similar document dealing with the Lands, or any pan of them. (6) The Owner shall execute such further assurances of the fights hereby granted as may be deemed necessary by. the Town. IN WITNESS ~REOF ~he parties heret° have hereunto affixed their respective Corporate Seals atu~siecl m by tho hands of their authoriZed officors, SlONED, SEALED AND DELIVERED COUGS INVESTMENTS LTD. Jerimiah F. Couglhan, President I have the authority to bind the corporation. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor SCH~UL~ a TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF (Section 34) I. CONVEYANCES REOUIRED TO BE MADE TO THE TOWN Land to be Conveyed Pu.rposc Interest to be Conveyed Any portion of the lands Storm drainage works Easement determined by the Town's Director of Public Works Any lands outside the Lands Storm drainage works Easement determined by the Town's Director of Public Works 2. CALCULATION OF AMOUNT PAYABLE IN LIEU OF PARKLAND CONVEYANCE Prior to the regislration of the plan, the Owner shall obtain a written appraisal, prepared by a professional land appraiser acceptable to ',,he To,-~, of the value of the !and in the plan as of the da), before draft plan approval and shall pay the sum equal to five percent of that appraised value, which sum shall be provided in the form of cash or certified cheque, and which sum the Town shall accept in full satisfaction of the Owner's obligation to provide parkland. 3. STORM DRAINAGE WORKS EASEMENT REFERENCE PLANS (1) Before the Town will advise the Regional Municipality of Durham that the conditions of Draft Approval affecting the Town have been satisfied, the Owner shall obtain and deliver to the Town one draft copy of each proposed reference plan required to effect the conveyance of the specific easements referred to in section I of this Schedule. (2) Upon the comFletion of the construction and installation of the storm drainage works within each easement shown on any proposed reference plan, the Owner's Consulting Engineer shall advise the Town's Director of Public Works of the actual location of the works in relation to the proposed easement or easements, and if the Director is satisfied with the actual location of the works, the Owner shall register that reference plan and provide four copies of the plan as registered to the Town Solicitor. (3) If the Town's Director of Public Works is not satisfied with the actual location of the works in relation to the proposed easement or easements, the Owner shall obtain and deliver to the Town one draft copy of a revised proposed reference plan, and the provisions of subsection (2) and of this subsection will continue to apply. (4) Where the Town's Director of Public Works determines that the Town requires easements not specifically referred to in section I of this Schedule, the Owner shall obtain and deliver to the Town one dra~ copy of each proposed reference plan required to effect the conveyance of the such easements within 30 days of the Town's request to do so, and the provisions of subsections (2) and (3) will apply. 4. STORM DRAINAGE WORKS EASEMENT $.CHEDUI~E ~ a conveyance of an easement is for storm drainage works purposes, the following Schedule shall be atla~ to the Transfer/Deed of Easement: INTEREST/ESTATE TRANSFERRED Subj~et to the following terms and conditions, the frem, uninterrupted and unobstructed right and easement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct and remove storm drainage works together with appurtemmces thereto (herein called the "works"), in, over, along, across, upon and undor the land described in Box 5 (herein called the "lands"), and to drain storm water in, over, aiong, across, upon and under tho lands, together with the right to the Transferee, its servants, agents and contractors with all necessary vehicles, supplies and equipment to enter onto the lands and pass and repass over the lands for the purpose of exercising or enjoyinf, any of the rights granted herein. The terms and eo~ditions which the parties hereto covenant and agree to observe and be bound by are as follows: 1. The Transferee shall, except in ease of emergency, before commencing any work authorized hereby, give to the Transferor forty-eight hours previous written notice thereof, and in cases of etnergency such previous notice thereof as is reasonably possible. 2. Upon completion of any work, the Transferee shall fill in all excavations, restore fences, and restore the surface of the ground by restoring all topsoil and grass cover disturbed thereby, and do necessary grading to ensure soil and slope stability, and remove all equipment. 3. The Transferor shall not erect any building or structure (except a fence) on the lands, and shall not place or remove any fill on or from any part of the lands without ~e previous written consent of the Transferee. 4. The right and easement granted herein shall be subject to all leases, licences, and any rights of use or occupation existing at the date hereof, and the Transferor may from time to time renew or extend these or make new ones, so long as they do not interfere unreasonably with the right and easemem herein granted. 5. The Transferor hereby releases the Transferee from any claim which may arise out of the exercise by the Transfeiee of the right and easement granted hereby or which may arise out of the existence of the storm water or the existence, operation or non-operation of the storm drainage works provided the Transferee has complied with all of the terms and conditions herein. 6. The Transferor shall execute such further assurances of the right and easement granted hereby as the Transferee may reasonably request in writing. 7. The burden of this Transfer and of all the terms and conditions contained herein shall run with the lands. 8. This Transfer and all of the terms and conditions contained herein shall enure to the benefit of and be binding upon the Transferor and the Transferee and their respective heirs, executors, administrators, successors and assigns. LAND BENEFITTED (DOMINANT TENEMENT) 9. The benefit of this Transfer and all of the terms and conditions contained herein shall run with all other lands and interests in lands owned, occupied or used by the Transferee for the purpo_ se of operating and maintaining storm drainage works. REQIJIRED FORM I~'OR PERFORMANCE AND MAINTENANCE SECURITY LETTER OF CREDIT (Section 2 i) To: The Corporation of the Town of Picketing Picketing Civic Centre One The Esplanade Picketing, Ontario LIV 6K7 We hereby authorize you to draw on [name of bank], ]address of bank], for account of ]name of company or eompnnies obtaining security] up to an aggregate amount of ]amount of security in figures and in full] available by drafts at sight for 100% of demand as follows: Pursuax~t to the request of our customers(s), the said [name of company or companies obtaining security], we [name of bank], [address of bank], hereby establish and give to you an irrevocable Letter of Credit in your favour in the total amount of [amount of security in numbers and in words] which may be drawn on by you at any time and from time to time upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have a tight as between yourself and our said customer(s or any of them) to make such demand, and without recognizing any claim of our said customer(s or any of them). Provided, however, that you are to deliver to [name of bank[, [address of bank], al such time as a written demand for payment is made upon us a certificate signed by you agreeing or confirming that monies drawn pursuant to this Letter of Credit are payable to you or are to be or have been expended pursuant to obligations incurred or to be incurred by you with reference to your file regarding a Subdivision Agreement dated [date of Agreement], between [name of signatories to Agreement, other than Town and Encumbrancet~(s)] and The Corporation of the Town of Picketing; this Letter of Credit is given as thc Performance and Maintenance Security required by section 21 of that Agreement. Partial drawings are permitted. The amount of this Letter of Credit shall be reduced from time to time as advised by notice in writing given to us from time to time by you. This Letter of Credit will continue up to and including [date of expiry of Letter of Credit] and will expire on that date and you may call for payment of the full amount outstanding under this Letter of Credit at any time up to the close of business on that date. It is a condition of this Letter of Credit that it shall bc deemed to be automatically extended for one year from the present or any future expiration date hereof, unless thirty days prior to any such date, we shall notify you in writing by registered mail that we cie. ct not to consider this Letter of Credit renewed for any such additional period. We hereby covenant with drawers, endorsers, and bona fide holders of drafts drawn under and in accordance with the tenns of this credit that such drafts will be duly honoured if drawn and negotiated on or before ]date of expiry of Letter of Credit]. The drafts drawn under this credit are to be endorsed hereon and shall state on their face that they arc drawn under [name of bank[, [address of bank[. DATED this day of ,19 . lns~uctions for completing Letter of Credit: 1. Letter of Credit must be typed on bank letterhead. 2. Information required in square brackets must be provided where indicated, without brackets. Phrases shown in round brackets must be included without brackets when there are two or more compame~ comprising the ii'" 4. The cln~e in the sixth paragraph must be at least one year from the cinte of the Letter of Credit. · ~, Tile datein the seventh paragraph must be the same as the date in the sixth paragraph. .~i. :"~, . Ibmk slgna~orie~ must show name, printed or typed, and title, in addition to signature. DEVELOPMENT CHARGES, ENGINEERING/LEGAL FEES, OTHER RELATED DEVELOPMENT COSTS 1. DEVELOPMENT CHAR~}[?,S PAYABLE (1) Until &nd including October ?, 1997, the development charges payable under the Town's Development Charges By-law 3854/91 for dwelling units within this project are $5,502. (2) From and after October 7, 1997, the development charges payable for dwelling units within this project will be in accordance with the Town's Development Charges By-law in existence at the date of such payment. 2. ~NGINEERING DRAWING INSPECTION FEE PAyABI~E Prior to the release for registration of this plan, the Owner shall pay to the Town, the sum of $700.00, which represents the amount of the Engineering Drawing Inspection Fee payable for this project. 3. SUBDIVISION AGREEMENT PROCESSING FEE PAYABLE The Town acknowledges receipt, in full, of the amount of $3,210 [$3,000 plus $210 GST.} which represents the Subdivision Agreement Processing Fee payable for this Agreement. 1. EXPECTED NUMBER OF DWELLINGS (!) This Agre~..,~ent ha~ been entered into with tbe expectation that 20 dwellings are to be oonstragted on the Lands, two each on Lots I to 10 inclusive. (2) If more or less than 20 dwellings are to be constructed in this project, the Town at its sole discretion may require the Owner to obtain new approvals and authorizations under this Agreement and may prohibit any development until the new approvals and authorizations are obtained. 2. CONSTRUCTION TRAFFIC AC~CESS The Owner shall provide and maintain, to the satisfaction of the Town's Director of Public Works, appropriate access to the land for construction traffic. FENCING REOUIREMENTS (1) Prior to the issuance of an occupancy permit the Owner agrees to construct, at its sole expense and to the satisfaction of the Town's Director of Public Works, a 1.8 metre high wood privacy fence adjacent to/along the rear of Lots/Blocl~' within this plan. (2) Despite the provisions of subsection ( 1 ), where the occupancy of the first dwelling unit occurs in November or December of any year, the time limit for the erection of the fence shall be extended to June 30th of the following year. In the event that the occupancy of the first dwelling unit occurs during the months of January or February, the time limit for the erection of the fence, shall be extended to June 30th of that same year. 4. STORMWATER DRAINAGE AND MANAGEMENT SYSTEM The parties agree that the stormwater management techniques for this plan of subdivision are consistent with those approved for the Altona Forest Environmental Policy Area. 5. DEMOLITION OF STRUCTURES The Owner shall satisfy the Town with respect to the removal, demolition and/or retention of all structures on the property prior to the issuance oftbe first building permit being issued. SPECIAL PROVISIONS REQUIRED BY THE REGIONAL MUNICIPALITY OF DURMAM The ~o~tions set out in ~his Sch~ule represent provisions not affecting the Town but required W be inserted in this A~,memt by th~ conditions of Draft Approval dated February 21, 1996, as amended July 23, 1997, of Draft Plan 18T-94004 by the Commissioner of Planning of the Regional Municipality of Durham (the "Approval"). 1. ~IINISTRY OF NATURAL RESOURCES ("M.N.R.") M.N.R. requires that the Owner, (l) prior to any on-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval of the Ministry of Natural Resources for reports describing the following: (a) the intended means of conveying storrnwater flow i~om the site, including use of stormwater management techniques which are appropriate and in accordance with the provincial "Urban Drainage and Design Guidelines", April 1987, and "Interim Stormwater Quality Control Guidelines for New Development", May 1991; (b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; (c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial "Guidelines on Erosion and Sediment Control tbr Urban Construction Sites" and the Technical Guidelines - Erosion and Sediment Control, February 1989, published by the Ministry of Natural Resources; Note: Ponds fbr temporary sediment control should be capable of accommodating 125 cubic metres/hectare of contributing drainage area for a period of not less than 12 hours or removing particle sizes down to 40 microns. (d) site soil conditions, including grain siz~e distribution profiles; and (e) site grading plans. (2) shall submit to ,he Ministry of Natural Resources detailed plans reg' ~ling alterations to the watercourse. Any proposed alterations require application under the Lakes and Rivers Impro~.~,aent Act for review and approval by this Ministry, Three copies of this information should be submitted in conjunction with thc requirements of Condition 1, above. (3) agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Ministry of Natural Resources. (4) agrees to advise the Ministry of Natural Resources 48 hours prior to commencement of grading or the initiating: of any on-site works. 2. ~LITAN TORONTO AMD RF, O_ION COIVgERVATION AUTHO~JTY P'M,T.~C.A.~) M.T.R.C.A. ~ ~ ~ ~, ~or ~ ~ ~ion of~g ~d ~ m ~e re~on of ~s p~ ~ ~y ~ ~f, ~ O~r ~11 submit for &e ~view n~d ap~v~ of &e M~Ii~ (a) a ~l~ ~i~g ~fl ~ ~ri~s ~e sto~ dr~ge sys~m fbr ~e pro~ ~velop~t on ~ subj~t ~&. T~s ~n should i~!~: pi~ ill~g how ~fis ~'~e sys~. will comply wi~ ~e r~mmenOfiom of ~ "SMge I Study of a Comp~e~ve S~w~r ~gement S~gy for ~e At~ Foist ~", Febr~, 1994 ~ "S~wat~ M~ement Stay - S~c 2 Stay of Comp~hemive Sto~r M~g~enl S~gy for Al~na Forest Ar~". Feb--. !~4, p~d by Cosb~ P~e~n W~ Limi~d; - pm~s~ me~s of conuolling or minimi~n~ erosion ~d sil~tion on-site ~or in do~s~ ~ d~ng ~d after const~ction; - location ~d de~fiption of ~1 outlets ~d o~er facilities which may require ~i~ p~t to On~io Regulation i 58: - sto~water ~agemem tcchfliques which may be required to control minor and major flows ~d the ~eatment of sto~water (q~tity ~d quality). (b) over~! ~ing pi~s for ~ subj~t lan~. FHE DURHAM BOARD OF EDUCATION (THE BOARD,") The subdivision agreement between the Owner and the Town of Pickering shall contain, amo:~g other matters, the following provisions: (a) The Owner agrees to place the follow- ',~g in all agreements of purchase and sale between the Developer and all prospective home buyers: "Students from this area may have to attend existing schools outside their neighbourhood. Although a school site has been reserved within an adjacent plan of subdivision; a school may not be built for some time, if at all, and then only if the Ministry of Education and Training authorizes funding and construction of this required school,"