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HomeMy WebLinkAboutBy-law 2859/88THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.?859 /88 Being a by-law to authorize the execution of a Transfer of Block 119, Plan 40M-1473 to Bramalea Limited, of an Agreement to amend the Subdivi- sion Agreement respecting Plan 40M-1473, of a Development Agreement respecting the develop- ment of Blocks 106, 107, 119, Plan 40M-1473 and those parts of Lot 30, Concession 1, designated as Parts 1-5, 8, Plan 4QR- , and a Release of Blocks 106 and 107, Plan 40M-1473, from the provisions of the Subdivision Agreement respect- ing Plan 40M-1473. WHEREAS pursuant to the provisions of section 193 of the Municipal Act, R. S.O. 1980, chapter 302, the Council of a municipal corporation may pass by-laws for disposing of land when no longer required; and ; WHEREAS pursuant to the provisions of sections 50(6) and SZ(2) of the Planning Act, 1983, S.O. 1983, chapter 1, every municipality may enter into agreements respecting Ii� the Subdivision and Development of Land and may therefore, by implication, provide ,i releases therefrom; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute the following documents: (a) a Transfer, in the form attached hereto as Schedu]e A, of Block 119, Plan 40M-1473, from The Corporation of the Town of Pickering to Bramalea Limited; (b) an Agreement in the form attached hereto as Schedule B, between The Corporation of the Town of Pickering and Bramalea Limited, ta amend the Agreement dated February 2, 1987, notice of which was registered July 3, 1987 as Instrument LT335613 to exempt Blocks 106 and 107, Plan 40M-1473 from the provisions thereof and to provide for the development of Blocks 111 and 11Z, Plan 40M-1473 in conjunction with abutting lands; (c) an Agreement in the form attached hereto as Schedule C, between The Corporation of the Town of Pickering and Bramalea Limited to provide for the development of Blocks 106, 107 and 119, Plan 40b9-1473 in conjunction with that part of Lot 30, Concession 1, Pickering, designated as Parts 1, 2, 3 and 8, Plan 40R- ; and (d) a Release, in the form attacked hereto as Schedule D, releasing Sramalea Limited and Blocks 1�6 and 1�7, Plan 4�M-1473, from the provisions of the Subdivision Agreement providing for the development of Plan 40M-1473. BY-LAW read a first, second and third time and finally passed this 2nd day of Au- gust, 1988. THE GORPORATION OF THE TOWN OF PICKERING BY-LAW N0,7.859 /8g Being a by-law to authorize the execution of a Transfer of Block 119, Plan 40M-1473 to Bramalea Limited, of an Agreement to amend the Subdivi- sion Agreement respecting Plan 40M-1473, of a Development Agreement respecting the develop- ment of Blocks 106, 107, 119, Plan 40M-1473 and those parts of Lot 30, Concession 1, designated as Parts 1-5, 8, Plan 40R- , and a Release of Blocks 106 and 107, Plan 40M-1473, from the provisions of the Subdivision Agreement respect- ing Plan 40M-1473. WHEREAS pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of a municipal corporation may pass by-laws for disposing of land when no longer required; and WHEREAS pursuant to the provisions of sections 50(6) and 52(2) of the Planning Act, 1983, S.O. 1983, chapter 1, every municipality may enter into agreements respecting the Subdivision and Development of Land and may therefore, by implication, provide releases therefrom; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute the following documents: (a) a Transfer, in the form attached hereto as Schedu]e A, of Block 119, Plan 40M-1473, from The Corporation of the Town of Pickering to Bramalea Limited; (b) an Agreement in the form attached hereto as Schedule B, between The Corporation of the Town of Pickering and Bramalea Limited, to amend the Agreement dated February 2, 1987, notice of which was registered July 3, 1987 as Instrument LT335613 to exempt Blocks 106 and 107, Plan 40M-1473 from the provisions thereof and to provide for the development of Blocks 111 and 112, Plan 40M-1473 in conjunction with abutting lands; (c) an Agreement in the form attached hereto as Schedule C, between The Corporation of the Town of Pickering and Bramalea Limited to provide for the development of Blocks 106, 107 and 119, Plan 40M-1473 in conjunction with that part of Lot 30, Concession 1, Pickering, designated as Parts 1, 2, 3 and 8, Plan 40R- ; and (d) a Release, in the form attached hereto as Schedule D, releasing Bramalea Limited and Blocks 106 and 107, Plan 40M-1473, from the provisions of the Subdivision Agreement providing for the development of Plan 40M-1473. BY-LAW read a first, second and third time and finaily passed this 2nd day of Au- gust, 1988. / �> 'i � � � Br ce aylor, r ill Provmce Transfer/Deed of Land � ol Y Ontano Form 1— Land Repidratlon Rdorm Act, 1881 ovE a our+HnM co �iM�rEo Fqm No 9)0 � (1) qpbtry � Land Tltla� � (2) Page 1 of 2 peges (3) � ��s, Block Property ACEitionsl: ScMtlub � (0) CoMleNnllon � Two oouars S Z• 00 J 2 � (5) Deaeriplbn This is a: Property Proparty W Division ❑ ConsolitletiOn ❑ y � � Part of Parcel Reserves , Section 40M-1473, LL being all of Block 119. Plan 40M-1473 � New Property Identitiers ¢ Atltlitional: O SChBtlule ❑ Exacutbns Town of Pickering naan�o�ec Regional Municipality of Durham s� � SchaCule (8) 7his (e) Redescription .(b) Schedule fon (7) InbmVE�4N TnnNrtM Dowm�nt Naw Easement Atltlitional Fee SimPlfl Con41ro Plen/Skatch � � Desoription � Perties � Other � (8) TrsmNroKs) The trensferor hereby transfers the land to the transferee ............................................................................... ............ . . . . . . . . . .. . ....... ... ..O ri� ��SOri� .��:..D�taotS^gnature ...................... .... Namels) gnat e(s) THE CORPORATION OF THE TOWN 1988 ; 08, 03 OF PICKERING .......................... ..................... .i988i 081; 03 . . . . . . . . . . . . . . . .B'r'uce 'Taylor; 'Clerk. . . . . . . . . . !. ',. . . �; . . (9) Spouee(�) ol Transfero�(e) I hereby consent to this transaction Date of Signature Name(s) Signature(s) v M o ' ' i (10) Trsntlaroqs) Addroa • — r • iorservice after August 31, 1989 - One The Esplanade, Pickering, Ontario (11) T�ansferee�s) Date ot Birth Y M D BRAMALEA LIMITED (1Y) Trensferea(s) Addreu �orservke 1867 Yonge Street, Toronto, Ontario M4S lY5 (13) 7rwl�ror(a) The transferor verifies that to the best of the transferois knowledge and belief, this [ransfer does not contrevene section 49 of [he Planning Act 1983. Date of Signature Date of Signature V M D Y M D Signature . . . . . . . . . . . . . . . .. . .. . . ' ! Signature.. . ; � '.. Solkftor tor Tramfera�s) I heve explai�d the etteCt�of seCtion�49 of the Planning Act,1983 to the trenste�o� ena I heve mede inquiries of the transte�or� � to tletarmine that this trensfer Ooes not contrevene that section and beaed on the intormation supplied by the transferor, to the best of my knowledge Z and belief, t�is transfer does not contravene that section. 1 am an Onterio solicitor in goo0 stenAing. Date of Signature � Name and � v , M. D a Address of Signeture . . . . . . . . . . . . . . . . . . . . . . . . . . '� . . . . . .'�. . . t O Solicitor ' ' I (11) SoNNIw lor TnntNrw(s) I have investigated the title to this land and to abutting land where relevent anC I am satisfied that the title records �o��, raveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Ptanning ACt, 1983 enC that to the best of my knowledge and beliei this c �; trenster does not contravene sectlon 49 of the Planning Act 1983. 1 act in0ependently of tha solicitor for tha trensferor(s) and I am an Ontario '� �F � solicitor in good stending. a yo= Name and Date of Signature d Ad4r833 ot V M D Q �t SoIICitOr b y SignatUre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . (15) Awqm�nl Roll Numb�r I Cry. ', Mun I Map ; Sub. Par. � Faas and Tax otarop�rty � not assigned Z ' � � � Registration Fea (18) Munkiptl Addrou ol Property (17) Documenl Prop�rW by: not assigned C.M. Timothy Sheffield � LendTrareferTaz Town Solicitor W U , 1710 Kingston Road LL Pickering, Ontario ° L1V 1C7 0 7oui THIS AGREEMENT made this 2nd day of August, 1968. B E T W E E N: BRAMALEA 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, by Agreement dated February 2, 1987, between the Owner and the Town, the Owner proposed to subdivide and register a plan of subdivision of part of Lots 29 and 30, Concession 1, Pickering, being Draft Plan Number 18T-8302Z, as revised (west portion), now registered as Plan 40M-1473, Picicering; and WHEREAS, it is deemed desirable to amend that Agreement in certain respects; and 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. The lands affected by this Agreement are: FIRSTLY, Blocks 111 and 112, Plan 40M-1473, Pickerin�, and SECONDLY, those parts of Lot 30, Concession 1, Pickering, designated as Parts 4 and 5, Plan 40R-XXXXX. 2. In this Agreement, the term "Subdivision Agreement" shall mean the Agreement dated February 2, 1987, between the Owner and the Town, notice of which was registered July 3, 1967 as Instrument LT335613. 3. The Owner acknowledges and agrees that it is bound by all the terms and provisions of the Subdivision Agreement as amended hereby. 4. Whenever in this Agreement the word "Owner" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners" and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. 5. Time shall be of the essence of this Agreement. 6. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. 7. (1) Prior to the registration of this Agreement, the Owner shall pay to the Town the following amounts: (a) $35 as an engineering drawing inspection fee; and (b) $4,�0� as unit levies payable in respect of the two building lots created by the addition of Parts 5 and 4, Plan 40R-XXXXX, to Blocks 111 and 112, respectively. (2) Prior to the registration of this Agreement, the Town shall pay to the Owner the sum of $b,000, as a rebate of that part of the amount previ- ously paid by the Owner to the Town as its contribution to the Town's future costs of the servicing and upgrading of Rosebank Road adjacent to Blocks 106 and 107. 8. Section 27 of the Subdivision Agreement is deleted and the following substituted for it: In the event that more or less than 107 housing units are to be con- structed in the plan (excluding Blocks 106 and 107), an amendment to this Agreement shall be required. 9. Subsection (1) of Section 29 of the Subdivieion Agreement is amended by delet- ing the word "when" from line 3 by substituting the word "before" for it. 10. (1) Subsection 2 of Section 33 of the Subdivision Agreement is amended by deleting "0.5255 hectares" from line 5 and by substituting "0.5305 hectares" for it. (2) Subsection 2 of Section 33 is further amended by deleting "1.0926 hectares" from line 7 by substititing "1.0876 hectares" for it. 11. Subsection (1) of Section 35 0£ the Subdivision Agreement is amended by delet- ing "106" from line 2 and by substituting "107" therefor. 12. Section 5 of the Schedule A to the Subdivision Agreement is deleted and the following substituted for it: (1) The development of Blocks 106 and 107 shall not be governed by the provisions of this Agreement. (2) Subject to the provisions of section 6 of this Schedule, the Owner shall reserve Blocks 108, 1�9, 110 and 113 for future residential development in conjunction with lands abutting them, and shall maintain those Blocks to the Town's satisfaction until developed. 13. Section 6 of Schedule A to the Subdivision Agreement is amended by deleting clause (b) and (d) from it. IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo- rate seals attested to by their authorized officers. SIGNED, SEALED & DELIVERED BRAMALEA LIMITED E CORPORATION OF THE TOWN OF PICKERING Bruce Taylor, Clerk 2 THIS AGREEMENT made this Znd day of August, 1988. B E T W E E N: BRAMALEA LIMITED hereinafter called the "Owner" OE THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to develop part of Lot 30, Concession 1, Pickering, in order that four detached dwellings may be constructed on the Rosebank Road frontage thereof, for which purpose the Town has amended By-law 3036 (By-laws 1965/85 and 2311/86) and has agreed to amend that by-law further on condition that this agree- ment be made (A77/87); NOW THEREFOR�, 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 Blocks 106, 107 and 119, Plan 40M-1473, Pickering, and those parts of Lot 30, Concession 1, Picker- ing, designated as Parts 1, 2, 3 and 8, Plan 40R-XXXXX. 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 ]iable for any expenses, costs or damages suffered by the Owner as a result thereof. 3. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. 4. INTERPRETATION (1) Whenever in this Agreement the word "Owner", and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedule A attached hereto shall form part of this Agreement. 5. TIME 6. 7. 0 L'� Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good ner, for the Town, all the municipal services as hereinafter satisfaction of the Town of Pickering, and shall complete, payment for such other matters as may be provided for herein. CONSULTING ENGINEERS workmanlike man- set forth to the perform or make (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 Lands. (2) Such Consulting Engineer, or any retained until the work provided formally accepted by the Town. 10. STORM DRAINAGE successor thereto, shall continue to be for in this Agreement is completed and (1) The Owner shall construct a complete storm water drainage and manage- ment system, including storm connections to the street ]ine and catch basin leads to service all the Lands and to provide capacity for ]ands up- stream of the Lands, 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 6e 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 to service them and the aforementioned lands outside the plan of subdivi- sion, 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 Lands, the Owner may be required to carry out such works as are necessary 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 - PAVED (1) The Owner shall reconstruct Rosebank Road adjacent to the Lands, ac- cording 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 outside the Lands where construction has taken place or that are used by construction traffic entering the Lands and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) (4) The Owner shall erect and maintain adequate signs to warn al] persons using Rosebank Road that construction is being undertaken. Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 12. CURBS & GUTTERS 13 14 15 (1) The Owner shall construct curbs structed pursuant to section 11, Town in effect at the date hereof formally accepted by the Town. and gutters on the road to be recon- according to the specifications of the and shall maintain them until they are (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. 5IDEWALKS (1) The Owner shall construct the following segment of sidewalk, within the six months immediately following the occupancy of the first dwelling unit to be occupied on any lot adjacent to that segment, despite any longer time limit otherwise applicable pursuant to section 1 of Schedule A: (a) adjacent to the Lands on the east side of Rosebank Road. (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 construction of the adjacent sidewalk shall be extended to June 30 in the following year. (3) The Owner shall maintain the sidewalk segment until it is formally ac- cepted by the Town. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot in the Lands, it shall be provided underground and in accordance with the standards and specifications of Pickering Hydro-Electric Commission, Pickering Cable T. V. Limited or Bell Canada, as the case may be. STREET LIGHTING (1) The Owner shall upgrade street lighting on Rosebank Road adjacent to the Lands, including poles and other necessary appurtenances where necessary. (2) Electrical service for street lighting shall be provided underground and not aboveground. (3) Street lighting and its related electrical service shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. 3 (4} The installation of street lighting and its related services shall be under the supervision and inspection of Pickering Hydro-Electric Commission. 16. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $140 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 Town as an insured and indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner on the Lands and elsewhere. {2) The amount of the Policy shall be $5,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewal or renewals within 30 days of the account therefor being rendered by the Town. (4) It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 18. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shal] supply the Town with a b0$ 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 Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Town. (2) The Owner may, at any time after the first 50$, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. 4 (3) Upon written verification from the Director of Public Works that the construction, install�tion or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60$) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35$) of the origina] value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; and (c) seventeen per cent (17$) of the original value where, (i) a certificate of final completion has been made by the Owner's Consulting Engineer; (ii) 45 days following the making of such certificate have expired; and (iii) all liens that may be claimed against any holdback required to be retained 6y 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 of the development of the Lands, with a Grading Control Plan prepared by the Owner's Consult- ing 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 Lands. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage and Storm Water Management Specifications in effect at the date of this Agreement, and shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suitable swales and catch basins to manage adequately, in the opinion of the Town's Director of Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation and the Metropolitan Toronto and Region Conservation Authority. 5 (4) The grading of all lands shall be carried out by the Owner in accordance with the approved Grading Contro] 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 by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. (6) Despite any time limit otherwise applicable pursuant to section 1 of Sched- ule A, the Owner shall sod the front, side and rear yards of each of the lots comprising the Lands except for paved, planted or treed areas, within the six months immediately following the occupancy of the dwelling unit erected thereon, unless such occupancy occurs in November or December of any year, in which case the time limit for such sodding shall be extended to June 30 in the following year. 20. 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. TRANSFERS - CONVEYANCES (1) The Owner shall convey Parts 6 and 7, Plan 40R-XXXXX (Rosebank Road widening) to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of this Agreement or within the 30 days immediately following the registration thereof. (2) Notwithstanding the provisions of subsection (1), above, the 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. 0 22. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm sewer services both within the Lands and across lands adjacent thereto. (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. 23. GENERAL PROVI5IONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk. (b) Continuation of Existing Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - 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 re-consEruction of Rosebank Road, 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 tests made of any materiais 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 shal] 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 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 SVorks, 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. 7 (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) Engineering Drawings Prior to the final acceptance of the development, to supply the Town with the original drawings of the engineering works with amendments, if any, noted thereon. (1) Survey Monuments & Markers Prior to the acceptance of the development by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the works, he has found or re-established all standard iron bars as shown on the registered plans. 24, CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (2) No building or part of a building on the Lands 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; (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. (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. 25. DWELLING UNITS In the event that more or less than 4 dwelling units are to be constructed on the Lands, an amendment to this Agreement shall be required. 26. DESIGN PLANNING (1} The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the Lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architec- tural design objectives for the development, which approval shall not be unreasonably withheld. (2) The report referred to in subsection (1) may be required, at the Direc- tor'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 required. (3) The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the Lands, submit to the Director, for approval, site plans and architectura] drawings for that unit, which approval shall not be unreasonably withheld. (4) The plans and drawings referred to in subsection (3) may be required, at the Director's option, to provide the following information; (a) 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 features, including trees to be pre- served; (c) streetscape for front and rear elevation at a scale acceptable to the Director; (d) streetscape to show all street furniture and vegetation; (e) the relationship of buildings by blocks; and (f) any other data or information required. (5) Despite the generality of subsections (1). (2). (3) and (4), above, the report referred to in subsection (1) and the plans and drawings referred to in subsection (3) shall include details of driveway design (including location) and garage sizes for all residential lots. 27. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of: (a) $2,500 per unit if paid before 3uly 31, 1988; (b) $2,750 per unit if paid after July 31, 1988, but before January 1, 1989; (c) $2,875 per unit if paid in 1989; or (d) $3,05� per unit if paid in 1990, for each dwelling unit to be erected on the Lands, each payment to be made when the building permit for the unit is issued. (Z) No building permit shall be issued for any dwelling unit unless payment of the unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. (3) Payments of such levies shall be made to the Town from time to time as building permits are required. (4) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than 18 months from the date of registration of Agreement. (5) A letter from the Clerk of the Town advising that the unit levy has been paid shall be deemed to be a release of this section for the lands referred to in the said letter. 28. FINANCIAL SECURITY The Owner shall, immediately prior to the registration of this Agreement, deposit with the Town, a security payable to the Town, in a form satisfactory to the Town, for the sum of $12,200 as security for the payments referred to in section 27 hereof. 0 29. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the Lands as required by law from time to time. (b) Local Improvements Prior to the registration of this Agreement, to prepay any outstanding local improvement charges which are levied against any of the Lands. (c) Interest To pay interest at the rate of eighteen per cent (18$) 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 this Agreement or any other related documentation, including transfers, in the Land Titles Office. (e) Lien or Other Claims Upon applying for final acceptance of the development, 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 materi- al supplied for or on behalf of the Owner in connection with the develop- ment, 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. 30. 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 shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 31. PROVISION OF PARKLAND (1} The Owner and the Town acknowledge that the Owner has provided to the Town, in connection with the development of Plan 40M-1473 and earlier plans, parkland in excess of the amount required by the Town and the amount of that excess is 1.0876 hectares. (2) A portion of that excess parkland, namely 0.0198 hectares shall be al- located as the parkland required in connection with the development of the Lands, reducing the amount of that excess to 1.0678 hectares. 32. TREE PLANTING (1) The Owner shall plant on Rosebank Road adjacent to the Lands, 4 trees of a size and type acceptable to the Town. 10 (Z) (3) A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. The trees approved by the Town shall be planted by the Owner when the boulevard into which they are to be planted is sodded. 33. TREE PRESERVATION (1) The Owner shal] retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shal] be preserved. (2) 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, 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 expiry of the guarantee period referred to in section 1 of Schedule A of this Agreement. IN 6NITNESS 6VHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED � DELIVERED BRAMALEA LI�4ITED THE CORPORATION OF THE TOWN OF PICKERING n r; . Bruce Taylor, Clerk 11 1 SCHEDULE A TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP � MATERIALS (1) In this section, "preservicing" means the undertaking, prior to the registration of this Agreement, 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- prova] of the Town which may be issued by the Town's Legal Services Department only after the Owner has, (3) (4) (a) (b) (c) (d) (e) (f) ig) executed this Agreement; supplied a satisfactory performance and maintenance security pursuant to section 18; supplied a satisfactory liability insurance policy pursuant to section 17; provided a Grading Control Plan pursuant to section 19 which has been approved by the authorities referred to in subsection (3) of that section; obtained the necessary permissions required by section 22 where storm sewer easements are required; submitted a Tree Preservation Program pursuant to section 33 which has been approved by the authority referred to in sub- section (2) of that section; and submitted complete engineering drawings for the project which drawings have been approved by all relevant authorities. Despite the provisions of subsection (2), preservicing limited to, (a) (b) (c) (d) (e) (f) ig) making soil quality and compaction tests, surveying the boundaries of the Lands and of proposed lots, marking existing and proposed grade elevations, tests and examinations of the Lands necessary for the preparation of required pre-development studies, compliance with an approved Tree Preservation Program, lawful erection of permitted signs, or any combination thereof, shall not require the prior written approval of the Town. The Owner shall complete all works, services and requirements under this Agreement, (a) within one year of the date of registration of this Agreement if preservicing (except pre-servicing limited to that described in subsection (3), or site grading, soil movement and storage, or both) has occurred with or without the Town's approval, or (b) within two years of that date if no preservicing (except pre-servicing limited to that described in subsection (3), or site grading, soil movement and storage, or both) has occurred. A-1 (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. 2. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the Lands shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 3. CO-ORDINATED DEVELOPMENT The ]ands set out in Column I of the following Table shall be developed by the Owner only in conjunction with the lands described in Column II thereof, to provide the number of units set out in Column III thereof: Item Column I Column II Column III 1. Block 106, 40M-1473 Block 119, 40M-1473 1 2. Block 107, 40M-1473 Part 3, 40R-XXXXX 1 3. Part 2, 40R-XXXXX nil 1 4. Part 1, 40R-XXXXX Part 8, AOR-hXXXX 1 4. RELEASE FROM PROVISIONS OF AGREEMBNT REGISTERED AS INSTRUMENT LT335613 Upon the registration of this Agreement on title to Blocks 106, 107 and 119, Plan 4064-1473, Pickering, those Blocks shall be released from al] obligations otherwise applicable thereto which respect to the development thereof pursuant to the Subdivision Agreement registered on title to Blocks 106 and 107, Plan 40R4-1473 as Instrument No. LT335613. A-2 RELEASE AND DISCHARGE WHEREAS, by Agreement dated February 2, 1987, notice of which was registered on Suly 3. 1987, in the Land Titles Office for the Registry Division of Durham as Instrument No. LT335613 and between, BRAMALEA LIMITED hereinafter referred to as the "Company" -and- I'HE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" the Company made certain covenants and agreements with the Town relating to the subdivision and development of certain lands including Blocks 106 and 107, Plan 40M-1473, Pickering; and WHEREAS, the Company has entered into a second Agreement with the Town to pro- vide for the development of those Blocks, a term of which is that the Town release the Company frnm the former Agreement; NOW THEREFOi<;: the Town hereby remises, releases and forever discharges the Company, its successors and assigns, from any and all liabilities, actions, causes of action, debts, claims or demands of any kind whatsoever which the Company may have been, is, or may become subject to pursuant to the provisions of the Agreement dated February 2, 1987, notice of which was registered Suly 3, 1987 as Instrument LT335613 insofar as that Agreement affects Blocks 106 and 107, Plan 40M-1473, Pickering. IN WITNESS WHEREOF the Town has hereunto affixed its corporate seal attested by its properly authorized officers. Dated at Pickering this day of August, 1488, SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING n Bruce Taylor, Clerk