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HomeMy WebLinkAboutBy-law 2694/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2694/88 Being a by-law to authorize the execution of a Subdivision Agreement between 388270 Ontario Limited and The Corporation of the Town of Picketing respecting the development of Part Lots 15 and 16, Range 3, Broken Front Concession, Pickertng (Draft Plan 18T-87007, 1st phase), WHEREAS 388270 Ontario Limited proposes to subdivide and register a plan of subdi- vision of part of Lots 15 and 16, Range 3, Broken Front Concession, Picketing; and WHEREAS, that proposal has been approved by the Council of The Corporation of the Town of Picketing and the Region of Durham, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement between 388270 Ontario Limited and The Corporation of the Town of Picketing; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement in the form attached hereto as Schedule A between 388270 Ontario Limited and The Corporation of the Town of Picketing respecting the development of part of Lots 15 and 16, Range 3, Broken Front Concession, Picketing (Draft Plan 18T-87007, 1st phase), BY-LAW read a first, second and third time and finally passed this 7th day of March, 1988. TOWN OF Bruce aylor, C,~rs/ PICKER!NG LEGAL Dc~?l. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2694/88 Being a by-law to authorize the execution of a Subdivision Agreement between 388270 Ontario Limited and The Corporation of the Town of Picketing respecting the development of Part Lots 15 and 16, Range 3, Broken Front Concession, Picketing (Draft Plan 18T-87007, 1st phase). WHEREAS 388270 Ontario Limited proposes to subdivide and register a plan of subdi- vision of part of Lots 1§ and 16, Range 3, Broken Front Concession, Pickering; and WHEREAS, that proposal has been approved by the Council of The Corporation of the Town of Pickering and the Region of Durham, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement between 388270 Ontario Limited and The Corporation of the Town of Pickering; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement in the form attached hereto as Schedule A between 388270 Ontario Limited and The Corporation of the Town of Picketing respecting the development of part of Lots 15 and 16, Range 3, Broken Front Concession, Pickering (Draft Plan 18T-87007, 1st phase). BY-LAW read a first, second and third time and finally passed this 7th day of March, 1988. /o~n %-. An~-~-rs~ff, Mayor~- '"TOWN OF 'Br~{ce Taylor, C erk// PICV, ER~NC LEGAL D£P'I . SCHEDULE A THIS AGREEMENT made March 7, 1988. BETWEEN: 388270 ONTARIO LIMITED hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to subdivide part of Lots 15 and 16, Range 3, Broken Front Concession, 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-87007, as revised; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots 1 to 29, both inclusive, Plan 40M- , Picketing. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 1988, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. NOTICE Any notice required to ~e given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall b~ effective as of the second day immediately following the date of the deposit thereof in the Post Office. 4. INTERPRETATION (1) Whenever in this Agreement the word "Owner", or 'Encumbrancer" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", "Encumbrancer or Encumbrancers" and "his", "her" or "them" respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. TIME Time shall be of the essence of this Agreement. 6. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and shall complete, perform or make payment for such other matters as may he provided for herein. 9. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the plan of subdivision. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (1) The Owner shall construct'a complete storm water drainage and manage- ment system,'tncluding 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 of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the aforementioned lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- sion, the Owner may be required to carry out such works as are neces- sary to provide an adequate outlet. (4) The Town may connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the sewer system by the Town. (5) No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 2 11. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdi- vision. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 12. ROADS - PAVED (1) The Owner shall construct the roads shown on the plan of subdivision and reconstruct Squires Beach Road adjacent to the plan, according to the Town's specifications for paved roads of the Town in effect at the date hereof. (2) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan that the maintenance of them has not been assumed by the Town from the time that they are opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the roads to be con- structed or reconstructed pursuant to section 12, according to the speci- fications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 14. 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 accor- dance with the standards and specifications of Picketing Hydro-Electric Commis- sion, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 15. STREET LIGHTING (1) The Owner shall install street lights on each proposed street in the plan, and shall upgrade street lighting on Squires Beach Road adjacent to the plan including in each case poles and other necessary appurtenances where necessary. (2) Electrical service for street lighting shall be provided underground and not aboveground, except that, if upgraded street lighting on Squires Beach Road is to be installed on existing poles, then the electrical service for that upgraded street lighting may be provided on those poles. (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. 3 (4) The installation of street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 16. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $2,030 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in sections 14 and 15 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 17. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, naming the Tbwn as an insured and indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner in the plan of subdivision and elsewhere. (2) The amount of the Policy shall be $5,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewal or renewals within 30 days of the account t[ierefor being rendered by the Town. (4) It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 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 of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 16 of this Agreementl (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 198~, 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 Town. (2) The Owner may, at any time after the first §0%, 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 (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, (t) a certificate or declaration of substantial performance has ' "been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; and (c) seventeen per cent (17%) of the original value where, (i) a certificate of final completion has been made by the Owner's Consulting Engineer~ (ii) 45 days following the making of such certificate have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; which seventeen per cent (17%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. (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. 19. DRAINAGE - SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement 9f the development of the plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agree- ment. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation and the Metropolitan Toronto and Region Conservation Authority. (4) The grading of all lands shall be carried out by the Owner in accordance with the approved Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior, to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them hy re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. 20. INCOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such case. the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notifica- tion be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. (2) In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified, {3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations; without which the Town would not have executed this Agreement. 21. DEDICATIONS The Owner shall dedicate Clements Road, Copperstone Drive and Quartz Drive as public highways upon the registration of the plan. 22. TRANSFERS - CONVEYANCES (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration thereof, all of, (a) Blocks 35 and 36 (Squires Beach Road widenings); (b) Block 37 (Squires Beach Road reserve); (c) Blocks 30 and 31 (Copperstone Drive turning circle); (d) Blocks 38, 39 and 40 (Copperstone Drive turning circle reserves); {e) Blocks 32 and 33 (Quartz Drive turning circle); (f) Blocks 41. 42, 43 and 44 (Quartz Drive turning circle reserves); (g) Block 34 (Clements Road turning circle); (h) Blocks 45 and 46 (Clements Road turning circle reserves); and (i) Block 47 (Clements Road reserve - south side). (2) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. TRANSFERS - EASEYENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm sewer services both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (2) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1) shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Pavin[/ of Driveway. Approaches To pave all driveway approaches between the curb and the lot line. (b) Continuation of Existin[~ Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner, (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, other than in the actual construction of roads in the plan of subdivision without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (i). (iii) That there shall be no burning of refuse or ~debris upon its lands or any public lands. (d) Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative test~ made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. (e) Relocation of Services (i) 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. (ii) Similarly to pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (f) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (g) Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (h) Permanent Silns To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (i) Engineering Drawings Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivi- sion, with amendments, if any, noted thereon. ({) Snow plowt, n~ & Sandin~ of Roads (i) If, in the opinion of the Director of Public Works, the condition of the road surface is not acceptable for winter control, to snow plow and sand such roads from such occupied buildings to exist- ing Town roads or to subdivision roads 'that receive the Town*s winter control service, including alternate means of access where available. (ii) Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. (k) Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found or re-established all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. CONSTRUCTION & OCCUP~ANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate (2) No building or part of a building in the subdivision shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric service is completed and in operation; (iii) An asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing main- tained public road; (iv) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road and extend to an existing maintained public road~ and (4) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the plan of subdivi- sion, as required by law from time to time. (b) Local Improvements Prior to the release of the plan for registration, to prepay any outstanding local improvement charges which are levied against any of the lands in the plan of subdivision. (c) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (d) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the Land Titles Office. (e) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 27. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner sha~l 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. 28. TREE PLANTING (1) The O~vner shall plant on road allowances within or adjacent to the plan, 29 trees of a size and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. (3) The trees approved by the Town shall be planted by the Owner when the boulevard into which they are to be planted is sodded. (4) If the density is too great to enable Z9 trees to be planted, the Owner - shall pay to the Town $100 for every tree which cannot be planted for tree, planting in a public land area within the community in which the plan is located. 29. TREE PRESERVATION (1) The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved. The Program shall be submitted to the Director of Planning for review and approval, and, once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Program, the Director shall be governed by the Town Tree Preservation Policy in effect at the date hereof. (4) Until such time as the Program is approved, the Owner shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. (5) In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the opinion of the Town's Director of Parks and Recreation, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall replace that tree with a tree of a height, diameter and spe- cies determined by the Director; such replacement shall be at no cost to the Town. (6) The Owner's liability under subsection (5) shall continue until, (a) where the lands upon which the tree is located comprise a res- idential building lot, twelve months after the completion of the sodding on the lot, or (b) where the lands upon which the tree is located comprise lands other than a residential building lot, the exp, iry of the guarantee period referred to in section 1 of Schedule A of this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals 10 attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED 388270 ONTARIO LIMITED T}iE COP.~ORA~-i~)N OF ~HE TOWN OF PICKERING /~l{n El And~o~ ~a~o~ - uce Taylor, Clerk ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement, THE GREAT-WEST LIFE ASSURANCE COMPANY This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. THE FAYE AND JOSEPH TANENBAUM CHARITABLE FOUNDATION 11 ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the Encumbrancsr's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of t~em, prior to the registration of this Agreement. THE JOSEPH AND FANNY TANENBAUM CHARITABLE FOUNDATION This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, whether or not any such right or interest was established or arose prior' to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. THE WAYNE TANENBAUM CHARITABLE FOUNDATION This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement, THE FRANCES TANENBAUM CHARITABLE FOUNDATION This Agreement shall have p?iority over and take precedence over all of the Encumbrancer~s rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right o.r interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement, THE ESTHERELKE TANENBAUM CHARITABLE FOUNDATION 12 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (1) In this section, "preservicing" means the undertaking, 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 'preservice" has a corresponding meaning. (2) The Owner may preservice this project only with the prior written ap- proval 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 performance and maintenance security pursuant to section 18; (c) supplied a satisfactory liability insurance policy pursuant to section 17; (d) provided a Grading Control Plan pursuant to section 19 which has been approved by the authorities referred to in subsection (3) of that section; (e) obtained the necessary permissions required by section Z3 where storm sewer easements are required; (f) submitted a Tree Preservation Program pursuant to section 29 which has been approved by the authority referred to in sub- section (2) of that section; and (g) submitted complete engineering drawings for the project which drawings have been approved by all relevant authorities. (3) Despite the provisions of subsection (2), preservicing limited to, (a) making soil quality and compaction tests, (b) surveying the boundaries of the Lands and of proposed lots, blocks and roads thereon, (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; (f) lawful erection of permitted signs, or (g) any combination thereof, shall not require the prior written approval of the Town. (4) 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 subdivi- sion if preservicing of any nature has occurred (with or without the Town's approval), or (b) within two years of that date if no preservicing has occurred. (5) The Owner shall guarantee all works, workmanship and materials employed or used in the construction, installation or completion of all works, ser- vices and requirements under this Agreement for a period of two years from the date that the works, services and requirements are approved in writing by the Town. A-1 2. TEMPORARY TURNING CIRCLES (1) Notwithstanding the provisions of sections 11, 12 and 13 of this Agree- ment, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle, (a) on Clements Road and Block 34, immediately adjacent to Blocks 45 and 46; (b) on Copperstone Drive and Blocks 30 and 31, immediately adjacent to Blocks 38, 59 and 40; and (c) on Quartz Drive and Blocks 32 and 33, immediately adjacent to Blocks 42, 43 and 44. (2) In the event that Clements Road, Copperstone Drive or Quartz Drive are extended easterly beyond the limits of this plan and the temporary turn- ing circles required to be Sonstructed under subsection (1), above, are removed, the Town shall close as public highway Block 34 (in the case of Clements Road), Blocks 30 and 31 (in the case of Copperstone Drive), and Blocks 32 and 33 (in the case of Quartz Drive), pursuant to the provisions of the Municipal Act, R.S.O. 1980, chapter 302, as amended from time to time, or any successor thereto, and all other applicable legislation, and offer those blocks, together with Block 46 (in the case of Clements Road), Blocks 38 and 40 (in the case of Copperstone Drive), and Blocks 42 and 44 (in the case of Quartz Drive) for sale to the abut- ting owner at the nominal cost of $2.00 in each case. POSTPONEMENT OF CONSTRUCTION OF SQUIRES BEACH ROAD SERVICES (1) Despite any of the other provisions of this Agreement, the Owner may, prior to the registration of this plan, elect to postpone the construction of services otherwise required hereby to be constructed in or on Squires Beach Road until, (a) the development of that part of Draft Plan of Subdivision 18T-87007 lying between this plan of subdivision and Bayly Street~ or (b) July 1, 1991, whichever occurs first. (2) Such election shall be in writing and shall be accompanied by an irrevoca- ble letter of credit issued by a Chartered Bank in Canada in an amount and in a form satisfactory to the Town to secure the Owner's obligations hereunder to construct or install services in or on Squires Beach Road. (3) Such letter of credit shall be for a term of one year, and shall be re- newed no later that 30 days prior to the end of that year for a further term of one year, and so on, until the Owner constructs, installs and maintains those services pursuant to the provisions hereof, or until the Town draws upon the letter of credits each time the letter of credit is renewed, the amount thereof shall be increased by an amount equal to the prime rate of interest of the Town's bank, plus 3%, times the amount of the expiring letter of credit. (4) In the event that, (a) the Owner fails to renew an expiring letter of credit in accor- dance with the provisions of subsection (3), above; or (b) the Owner fails to construct or install the Squires Beach Road services prior to July 1, 1991, the Town may draw upon the expiring or existing letter of credit, in full, at its sole discretion. A-2 (5) In the event that the Town draws upon an expiring or existing letter of credit in accordance with the provisions of subsection (4), above, the Owner Shall be deemed to have complied, in full, with the provisions of this Agreement respecting the construction, installation and maintenance of services required to be constructed, installed or maintained under this Agreement. SCHEDULE B 1. SPECIAL PROVISIONS REQUIRED BY THE COMMISSIONER OF PLANNING OF TI~E REGIONAL MUNICIPALITY OF DURHAM The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted tn this Agreement by the conditions of draft approval, dated October 23, 1987, as amended November 5, 1987, of Draft Plan 18T-87007 (Revised) by the Commissioner of Planning of the Regional Municipality of Durham (the "Commissioner") and these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are. not to be construed as relating tn any way to any of the ot~er provisions of this Agreement. 2. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY (,"M.T.R.C.A.") Prior to the initiation of grading, the Owner shall erect a chain link fence along the common boundary between lands owned by M,T.R.C.A. and the proposed subdivision. 3. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.")/MINISTRY OF NATURAL RESOURCES ("M.N.R.") The Owner shall carry out, or cause to be carried out, to the satisfaction of M.T.R,C.A. and M.N.R., the ' recommendations referred to in the report required in Condition 12 of the approval dated October a3, 1987 and amended November 5, 1987, of this plan by the Commissioner. 4. MINISTRY OF NATURAL RESOURCES ("M.N.R.') (1) The Owner shall carry out or cause to be carried out, to the satisfaction of M.N.R., the recommendations referred to in the reports required in Condition 13 of the approval dated October 23, 1987 and amended November 5, 1987, of this plan by the Commissioner, (2) The Owner shall insert the following clause in the sale and purchase agreement for each block: "Alteration of the watercourse, or any stream works, require (sic) review and approval by M.N,R. under the Lakes & Rivers Improvement Act." B-1