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HomeMy WebLinkAboutBy-law 2924/88� I THE CORPORATION OF THE TOWN OF PICKERING �j 'I BY-LAW NO. 2924�88 f 'I Being a by-law to authorize the execution of a i', Subdivision Agreement respecting the development of Part Lot 33, Concession 1, Pickering (Draft Plan 18T-84018, Phase 1; 699504 Ontario Ltd.) WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 33, ��� Concession 1, Pickering, has been approved by the Council of The Corporation of the Town of Pickering and the Regional Municipality of Durham, subject to several con- ditions, one of which requires the entering into of a satisfactory Subdivision Agree- ment with The Corporation of the Town of Pickering; 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 a Subdivision Agree- ment, in the form attached hereto as Schedule A, respecting the development of that part of Lot 33, Concession 1, Pickering, included in Phase 1 of Draft Plan 18T-84018 (699504 Ontario Ltd. ) . BY-LAW read a first, second and third time and finally passed this 17th day of October, 1988. I; l i TOWN OF PICKERING APPROVED AS TO FORM � �c�� o-_� r. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2929/88 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 33, Concession 1, Pickering (Draft Plan 18T-84018, Phase 1; 699504 Ontario Ltd.) WH�REAS the proposal to subdivide and register a plan of subdivision of Part Lot 33, Concession 1, Pickering, has been approved by the Council of The Corporation of the Town of Pickering and the Regional Municipality of Durham, subject to several con- ditions, one of which requires the entering into of a satisfactory Subdivision Agree- ment with The Corporation of the Town of Pickering; NOW THEREPORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree- ment, in the form attached hereto as Schedule A, respecting the development of that part of Lot 33, Concession 1, Pickering, included in Phase 1 of Draft Plan 18T-84018 (699504 Ontario Ltd.). BY-LAW read a first, second and third time and finally passed this 17th day of October, 1988. TOWN OF PtCKERIrJG APPROVED AS TO FORM LFCAI D�_r�i. Schedule A THIS AGREEMENT made this 17th day of October, 1988 B E T W E E N: 699504 ONTARIO LTD. 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 Lot 33, Concession 1, in the Town of Pickering in the Regional Municipality of Durham, and to register a pian of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-84018, as revised (Phase 1); 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 I to 12, both inclusive, and Blocks 13 to 22, both inclusive, Plan 40M- , Pickering. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before June 30, 1989, 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 sha31 not be liable 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", 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, B and C attached hereto shall form part of this Agreement. 5. 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 CINDERTAKING 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 Pickering, and shall complete, perform or make payment for such other matters as may be 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 s ub division . (2) Such Conaulting 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, including storm connections to the street line and catch basin leads to service all the lands in the plan of subdivision and to provide capacity for lands upstream 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 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. 2 11 12 13. 14 (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. 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. ROADS - PAVED (1) The Owner shall construct the roads shown on the plan of subdivision 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 glace or that are used 6y 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. CURBS & GUTTERS (1) The Owner shall construct curbs structed pursuant to section 12, Town in effect at the date hereof formally accepted by the Town. and gutters on the roads to be con- 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. SIDEWALKS (1) The Owner shall construct the following segment of sidewalk in accordance with the time limits set out in section 1 of Schedule A: (a) along the east side of Westcreek Drive between Block 23 and Plan 40M-1508. (2) The Owner shall construct the following segments of sidewalk, in each case within six months immediately following the occupancy of the first dwelling unit to be occupied on any lot or block adjacent to that segment, despite the provisions of section 1 of Schedule A: (a) (b) (c) adjacent to Lots 1 to 6 and Blocks 19 and 22 on the east side of Pinegrove Avenue; adjacent to Lots 7 to 12 and Blocks 17 and 18 on the west and north sides of Pinegrove Avenue; adjacent to Block 22 on the west side of Westcreek Avenue. 3 15 16. 17 EI] (3) Despite the provisions of subsection (2), where the occupancy of the first dwelHng unit occurs in November or December of any year, the time limit for conatruction of the adjacent sidewalk segment shall be extended to June 30 in the following year. (4) The Owner shall maintain each 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 or block in the plan, it shall be provided underground and in accor- dance with the standards and specifications of Pickering Hydro-Electric Commis- sion, Pickering Ca61e T.V. Limited or Bell Canada, as the case may be, STREET LIGHTING (1) �2) The Owner shall install street lights, including poles and other necessary appurtenances, on each proposed street in the plan. 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. (4) The installation of street lighting and its related services shall be under the supervision and inspection of Pickering Hydro-Electric Commission. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $2,065 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16 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 be limited to, salaries tration fees. LIABILITY INSURANCE in subsection (2) may include, but not necessarily and wages of Inspectors, testing fees and adminis- (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 arisipg 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 $5,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewal or renewals within 30 days of the account therefor being rendered by the Town. (4) It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 4 19. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60$ 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) (6) (c) guaranteeing the satisfactory construction, installation or perfor- mance of the works; guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; 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 Director of Public Works. (2) The Owner may, at any time after the first 50$, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) (b) and (c) sixty per cent (60$) of the original value where no certificate or declaration of substantial performance has been made; thirty-five per cent (35$) of the original value where, �1� (ii) a certificate or declaration of substantial performance has been published; 45 days following such publication have exgired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; seventeen per cent (17$) of the original value where, (i) (ii) a certificate of final completion has been made by the Own,er's Consulting Engineer; 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. 5 (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 ahall provide to the Owner any necessary assurance to effect the reduction. 20. 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 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, 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 inatallation by the Owner, at no cost to the Town, of suit- able swales and catch basins to manage adequately, in the opinion of the Town's Director of Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation. (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 by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. (b) 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 residential lots and blocks except for paved, planted or treed areas, within the six months immediately following the occupancy of the first dwelling unit erected thereon, unless such occupancy occurs in November or December of any year, in which case the time limit for such sodding shall be extended to June 30 in the following year. 21. 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 4Vorks, 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. 0 (3) The cost of such work shall be calculated by the Director of Public Works whose decision ahall 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. 22. DEDICATIONS The Owner shall dedicate Pinegrove Avenue and Westcreek Drive as public highways upon the registration of the plan. 23, 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) Block 23 (Westcreek Drive reserve); (b) Blocks 24 and 25 (Pinegrove Avenue reserves). (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. 24. 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 water drainage and management facilities both within the boundaries of the plan of subdivision and across landa adjacent thereto but outside its boundaries. (2) Such easements shall be subject ta 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. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with th� 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 fil] from any 7 (d) (e) (f) (g) (h) (i) �]) (k) (ii) (iii) public lands, other than in the actual construction of roads in the plan of subdivision without the written consent of the authority responsible for such lands. On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (i). That there shall be no burning of refuse or debris upon its lands or any public lands. Construction Traffic Wherever possible, to ensure that construction traffic serving the devel- opment of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. 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. Specifications Unleas 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. 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. Permanent Signs 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. Engineering Drawings r 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 Plowing & Sanding of Roads (i) If, in the opinion of the Director o£ 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. 8 (1) (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. 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. 26. 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. (Z) (3) (4) No building or part of a building in the subdivision shall be occupied except upon the issuance of a municipal occupancy perroit. No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) (ii) (iii? Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; Electric service is completed and in operation; An asphalt 6ase has 6een laid on the road immediately in front of the building or part thereof and extended to an existing main- tained public road; and (iv) Such curbs, are required structed on public road. as in the opinion of the Director of Public Works, to be completed prior to occupancy have been con- the said road and extend to an existing maintained The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 27. DESIGN PLANNING (1) The Owner shall, prior to the issuance of any building pezmit for the construction of any residential unit on the lanas, submit to the Town's Director of Planning, for approval, a report outlining siting and architec- tural design objectives for the subdivision, 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 architectural drawings for that unit, which approval shall not be unreasonably withheld. 9 (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. 28. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of, (a) $2,750 per unit if paid in 1988; (b) $2,875 per unit if paid in 1989; or (c) $3,050 per unit if paid in 1990 or later. for each dwelling unit to be erected in the Plan. (2) 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) In any event, the Owner shall pay all levies payable under the provisions of this section in full no later than 18 months from the date of registra- tion of the plan. (4) 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. 29. FINANCIAL SECURITY The Owner shall, immediately prior to the registration of the plan, deposit with the Town, a security payable to the Town, in a form satisfactory to the Town, for the sum of $179,950 as security for the payments referred to in section 28 hereof. 30. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the plan of subdivi- sion, as required by law from time to time. (b) Interest To pay interest at the rate of eighteen per cent (18$) 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. (c) 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. (d) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that al] accounts for work and materials have 10 been paid, except normal guarantee holdbacks, and there are no claims for liena or otherwise in connection with such work done or material aupplied 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. 31. 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. 32. PROVISION OF PARKLAND Prior to the registration of the plan, the Owner shal] pay to the Town the sum of $108,450 in cash or by certified cheque, which sum the Town shall accept in full satisfaction of the Owner's obligation to provide parkland. 33. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 59 trees of a size and type acceptable to the Town. (2) A schedule of the Owner�s tree planting scheme shal] 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 denaity is too great to enable 59 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. 34. 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. (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 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 Qwner shall replace that tree with a tree of a height, diameter and il (b) species determined by the Director; such replacement shall be at no cost to the Town. The Owner's liability under subsection (5) shall continue until, (a) where the lands upon which the tree idential building lot or block, twelve of the sodding on the lot or block, or is located comprise a res- months after the completion (b) where the lands upon which the tree is located comprise lands other than a residential building lot, the expiry of the guarantee periad referred to in section 1 of Schedule A of this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED 699504 ONTARIO LTD. THE CORPORATION OF THE TOWN OF PICKERING o n . n erson, ayor ruce ay or, er ENCUMBRANCER - THE ROYAL BANK OF CANADA This Agreement shall have priority over and take precedence over all of the rights or interests of The Royal Bank of Canada, 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. Dated at , SIGNED, SEALED & DELIVERED , 1988. THE ROYAL BANK OF CANADA 12 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 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 meanin g . (2) The Owner may undertake preservicing limited to earthworks (including preliminary grading, soil movement and storage) only with the prior written approval of the Town which may be issued by the Town's Legal Services Department only after the Owner has, (a) (b) executed this Agreement; supplied a satisfactory liability insurance policy pursuant to section 18; (c) provided a Grading Control Plan submission pursuant to section 20 which has been approved, subject only to the provision of corrected drawings, by the authorities referred to in section 20(3); and (d) submitted a Tree Preservation Program pursuant to section 34 which has been approved by the authority referred to in section 34(2). (3) 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, (4) (a) (b) (c) executed this Agreement; supplied a satisfactory liability insurance policy pursuant to section 18; supplied a satisfactory performance and maintenance security purauant to section 19; (d) provided a Grading Control Plan submission pursuant to section 20 which has been approved, subject only to the provision of corrected drawings, by the authorities referred to in section 20(3): and (e) submitted a Tree Preservation Program pursuant to section 34 which has been approved by the authority referred to in sub- section 34(2). Despite the provisions of subsections (2) and (3), preservicing limited to, (a) (b) (c) (d) (e) (f) �8) making soil quality and compaction tests, surveying Yhe boundaries of the Lands and of proposed lots, blocks and roads thereon, 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. , A-1 2 3. (5) 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 (except pre-servicing limited to that de- scribed in subsections (2) or (4), 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 subsections (2) or (4), or both) has occurred. (6) 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. 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 on, (a) Pinegrove Avenue, immediately north of Block 25. (2) The Owner shall remove, at its sole expense and to the Town's specifica- tions, any temporary turning circle located immediately adjacent to the plan on a public highway to be extended by the Owner into the plan, and shall replace any such circle with permanent services as if the highway were a road in the plan. (3) As the temporary turning circle referred to in subsection (1) will be required only if the sequence of construction in this plan and adjacent plans warrants it, the Director of Public Works may waive the con- struction of that turning circle, at his sole discretion, if that sequence does not warrant it. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 4. RESERVED FUTURE DEVELOPMENT BLOCK - BLOCK (1) Block 16 shall be reserved for future residential development; such development shall not commence without the prior written approval of the Town which may be subject to conditions. (2) Until such time as Block 16 is developed in accordance herewith, the Owner shall maintain it in a clean and orderly condition to the satisfaction of the Town. 5. RELEASED FUTURE DEVELOPMENT BLOCKS - BLOCKS 13 TO 15 AND 17 TO 21 (1) The blocks 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: A-2 6. 7 0 Item Column I 1. Block 13 2. Block 14 3. Block 15 4. 5. 6. 7. 8. Block 17 Block 18 Block 19 Block 20 Block 21 TABLE Column II Block 10, Block 11, Block 12, Block 43, Block 42, Block 41, Block 40, Block 39, Block 38, 18T-84018, 18T-84018, 18T-84018, 18T-84015 18T-84015 18T-84015 18T-84015 18T-84015 18T-84015 Column III Phase 2 1 Phase 2 1 Phase 2, and 1 1 1 1 1 1 (2) The development of the lands described in Columns I and II of Items 4 and 6 of the Table in subsection (1) shall be governed by the provisions of this Agreement. (3) The development of the lands described in Columns I and II of Items 1, 2 and 3 of the Table in subsection (i) shall be governed by the provisions of the Subdivision Agreement respecting Draft Plan 18T-84018, Phase 2. (4) The development of the lands described in Columns I and II of Items 5, 7 and 8 of the Table in subsection (1) shall be governed by the provisions of the Subdivision Agreement respecting Draft Plan 18T-84015. DWELLING UNIT COUNT (1) In the event that more than 59 units (1 each on the lands described in Items 4 and 6 of the Table in section 5 of this Schedule, 1 each on Lots 1 to 12, and 45 on Block 22) are to be constructed in this plan pursuant to this Agreement, an amendment to this Agreement shall be required. (2) In the event that lesa than 59 units (as described in subsection (1)) are to be constructed in this plan pursuant to this Agreement, (a) (b) the amounts payable to the Town pursuant to sections 17(1) and 32, and the amount of the security to be provided to the Town pursuant to section 29, shall be pro-rated accordingly by the Town without an amendment to this Agreement. DELAYED DEVELOPb4ENT - LOT 12 Despite any other provisions of this Agreement, the Owner shall not apply for, or take any action to complete the issuance of, a building permit for the con- struction of any building on Lot 12 until Block 25 has been dedicated as public highway. . CONTRIBUTION TO SHARED SERVICE COSTS (1) The Owner shall, immediately prior to the registration of the plan, depos- it with the Town a security payable to the Town in a form satisfactory to the Town, in the amount of $25,000, as security for the payments re- ferred to in this sectian. (2) Upon the completion, by the adjacent owner to the south, of the con- struction of that part of Pinegrove Avenue abutting the south side of Block 25 of thia plan, the Owner shall pay to that adjacent owner an amount equal to half of the latter's costs as verified by the Town of, , A-3 (a) storm sewers and related appurtenances, (b) sidewalks, (c) curbs and gutters, (d) roadworks, (e) boulevards, and (f) street lighting and related appurtenances, constructed or installed in or on that part of Pinegrove Avenue. (3) If the Owner neglects or refuses to pay to that adjacent owner the amount referred to in subsection (2) within 30 days of written demand therefor, then the Town may draw upon the security provided pursuant to subsection (1) in order to make that payment, or, if that amount exceeds $25,000, to make the first $25,000 of that payment. CONTRIBUTION TO OVERSIZED SERVICE COSTS The Owner shall, immediately prior to the registration of the plan, pay to Danlu Holdings Limited, Perdanco Holdings Ltd., and Inperdel Holdings Limited, collectively known as Altona West Developments, the sum of $ , being the cost to those companies of the oversizing of the storm water drainage and management system constructed or installed by them in the development of Plans 40M-1507 and 40M-1508, a portion of which benefits the lands in this plan. 10. CONTRIBUTION TO DOWNSTREAM SERVICE COSTS The Owner shall, immediately prior tu the registration of the plan, pay to the Town the sum of $11,850 as its contribution to the cost of the acquisition, construction and maintenance of Stage 2 of the Petticoat Creek Stormwater Detention Pond, to be located in Lot 32, Concession 1, Pickering, together with the necessary easements and rights-of-way for vehicular and pedestrian access thereto from Altona Road. A-4 SCHEDULE B 1. SPECIAL PROVISIONS REQUIRED BY THE REGIONAL MUNICIPALITY OF DURHAM The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval (hereinafter referred to as the "Approval"), dated Tune 28, 1988, of Draft Plan 18T-84018 (Revised) by the Commissioner of Planning of the Regional Municipality of Durham and these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any way to any of the other provisions of this Agreement. 2. bfETROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") (1) The Owner shall carry out, or cause to be carried out to the satisfaction of M.T.R.C.A., the recommendations referred to in the report required in Condition 15 of the Approval. (2) The Owner shall not place fill, grade, construct any buildings or struc- tures without prior written approval being given by M.T.R.C.A. 3. MINISTRY OF THE NATURAL RESOURCES ("M.N.R,") The Owner shall carry out or cause to be carried out, to the satisfaction of IvS.N.R., the recommendations referred to in the report required in Condition 16 of the Approval. f:�l 1. SCHEDULE C FUTURE CONTRIBUTIONS TO OVERSIZING COSTS (1) In the event that the storm water drainage and management system required by the Town to be constructed by the Owner pursuant to the proviaions of section 10 of this Agreement is to be of a larger capacity, in whole or in part, than necessary to service all the lands in the plan of subdivision, then the provisions of this section shall apply. (2) Within 60 days of the verification by the Town's Director of Public Works, of the satisfactory completion of the storm water drainage system, or any part thereof, as the case may be, as provided for in section 19i3) of this Agreement, the Owner's Consulting Engineer shall provide to the Town, in a form satisfactory to the Town, (a) a detailed summary of the Owner's actual cost of the design and construction of the required storm water drainage and management system, excluding lateral connections but including the costs of acquisition of lands outside the plan; and (b) a detailed estimate of the Owner's probable cost thereof had the system been required by the Town to service only the lands in the plan. (3) Within 30 days of the receipt by the Town of the summary and estimate referred to in subsection (2), in a form satisfactory to the Town, the Town Manager shall determine and notify the Owner in writing of the following : (a) the area of the lands outside the plan of suhdivision, if any, that the storm water drainage and management system shall be deemed to service for the purposes of this section (the "external lands"); (b) the portion of (2), that the lands for the and the Owner's actual cost, referred to in subsection Town shall deem to be applicable to the external purposes of this section (the "oversizing cost"); (c) the amount of the overaizing cost applicable to each hectare of the overaizing cost"), and that determination shall be final. that the Town shall deem to be external lands (the "per hectare (4) In the event that the external lands, or any part thereof, are to be developed by plan of subdivision, plan of condominium or any other method requiring a development agreement, then the Town shall endeav- our to ensure that the owner thereof pays to the Owner herein, prior to the development of those lands, all or an appropriate portion of the oversizing cost, (5) (a) calculated according to the gross area immediately prior to devel- opment of the externallands to be developed and the per hectare oversizing cqst, an d (b) adjusted annually, for a maximum of five years from the date of the notification referred to in subsection (3), above, according to the Southam Construction Cost Index for Ontario, composite portion. In consideration of the Town approving the plan of subdivision and entering into this Agreement with this section included, the Owner here- by, (a) (b) remises, releases and forever discharges, and agrees to indemnify and save harmless, C-1 the Town, its officers and empioyees and their respective heirs, execu- tora, administrators, successors and assigns, of and from all actions, causes of action, accounts, claims, debts, damages, demands, and costs associated therewith, arising, to arise or which may hereafter be brought against them, or any of them, by or on behalf of the Owner, or any other person, because of the provisions of this section or any error, omisaion, failure or negligence in the application thereof. G2 JResolution �75/88 Moved by Councillor Mitchell Seconded by Councillor Robertson DRAFT PLAN OF SUBDIVISION 18T-84018(R) AND REZOMING APPLICATION A 35/84 SUBMITTED BY A, AND D. BRANCACCIO That Town Council recomnend to Regional Council that Draft Plan of Subdivisio� 18T-84018(R), submitted by A. and D. Brancaccio, et a1 on lands being Part of Lot 33, Concession 1 and Part of Lots 27 and 28, Plan 329, Town of Pickering, be APPROVED, subject to the following conditions: 1. That this recomnendation apply to the plan prepared by Grant Morris Associates, revision date December 31, 1987, as revised in red and bearing the 7own's recommendation stamp. 2. That the owner make satisfactory arrangements with the Town regarding the required parkland dedication. 3. That the owner enter into a subdivision agreement with and to the satisfaction of the Town. 4. That the owner make satisfactory arrangements regarding the provision of all services required by the Town, 5. That the owner agree to dedicate all road allowances with proper corner roundings and sight triangles to the Tawn. 6. That the owner agree to convey to the Town: a) the 0.3 metre reserves shown as Blocks 70 to 78 inclusive; b) the 1.0 metre road widening shown as Block 69; c) any other easements as required. 7. That the owner make satfsfactory arrangements with the appropriate authorities regarding the provision of underqraund wiring, street liqhting, cable television and other similar services. 8. That the streets wi thi n the draft pl an be named to the satisfaction of the Town. 9. That the owner submit for approval by the Town, site plans and streetscape elevations showing the location and relationship of all buildings prior to the issuance of any building permits. 10. That prior to final registration of this plan, the owner: a) submit a Draft 40M-Plan to be approved by the Town Planning Uepartment; C�3'.f^iCll APH l8 laoo Resolution N75/88 - continued b) submit a detailed tree inventory and preservation programne to the satisfaction of the Tawn and agree that no trees be removed until such time as this programne has been approved by the Town except as autharized by the Oirector of Parks and Recreation; c) satisfy the Town with respect to the necessary financial contributions to the required stormwater detention pond (Petticoat Detention Pond) and downstream trunk storm facilities; d) satisfy the Director of Public Works regarding Simcoe Engineering's comnents respecting stormwater management facilities. 11. That the owner agree to the satisfaction of the Town: a) to provide a report indicating the effect that stormater management, site grading, anQ below and above ground services within the area of the draft plan will have on the existing drainage and private services (septic tanks and well water) of abutting residentiai properties; b) undertake and guarantee any work necessary as determined under subsection a). 12. that the owner construct temporary turning circles at the northern terminus of Streets "A", "C" and "D" and Westcreek Drive (all within their lands) to the satisfaction of the Director of Public Works.: 13. That Blocks 48 to 68 inClusive be developed for resfdential purposes in conjunction with abutting lands to the north and south, and that these Blocks be maintained to the satisfaction of the ToNn urltil such time as they are developed. 14. That the owner be metre high wood satisfaction along to 23 and Block 55. required to construct a 1.8 privacy fence to the Town's the rear lot line of Lots 18 15. That the implementing zoning by-1aw include an appropriate residential zone for the portions of the retained lands fronting Street "D" and that the remainder of the retained lands be zoned for open space purposes in consultation with the Metropolitan •Toronto and Region Conservation Authority. 16. That the owner satisfy the Town's Director of PubliC Works with respect to an appropriate financial contribution toward the future installation of a sidewalk and upgrading of street lighting on the west side of Altona Road along the frontage of the retained lands of Agnitsch and Noitzik. 17. That the owner satisfy the Town with respect to an appropriate site plan for Block 47 prior to the forwarding of an implementing zoning by-law for the lands south of Pine 6rove Avenue within the draft plan of subdivision. CARRIED � DURHAM June 2B, t988 Tha RsqiOnal � orDurnem� M►'. B _il.. T�ykOT;"A.M.C.T. Planninp Oep�rtms�� eo. ess 105 Consum�ro Dr. W�itby, Ontuio GnaEa, L1N 8A3 (418)88&7731 OR. M. q. MICMAEL. M.C.I.P. Commiesionsr of 91�nnlnp . � I.12T'K 1710 Kingston Road Pickering, Ontario L1V 1C7 Dear Sir: R �E E1V ED JUN 291988 SO����?OR ,�OW� pp p��KERING Re: Proposed Plan of Subdivision Region of Durham File: 18T-84018/Also Quote Ref. No.: 7��� Owner: 699504 Ontario Limited et al Municipality: Town of Pickerina The above draft plan of subdivision was approved today subject to the conditions attached herewith. A copy of the draft approved plan bearing the approval signature is also attached for your record. Please inform us when the applicant has met those conditions pertaining to the requirements of your municipality. It should be noted that we require a brief but complete statement indicating how each of the conditions, with which your municipality is concerned, has been satisfied. Your letter of clearanGe should be addressed to the undersigned with copy sent to the Clerk of the Regional Municipality of Durham at 605 Rossland Road East, P.O. Box 623, Whitby, Ontario, L1N 6A3. Yours very truly, l� �' .4r+Valerie Cranmer, M.C.I.P. Manager Current Operations Branch SEE2/jad Encis. Conditions of Approval Draft Approved Plan � -� . R., � �..,�,�_ . Attachment to letter dated June 28, 1988 From: Dr. M. Michael, Comnissioner of Planning To: 699504 Ontario Limited et al Re: Plan of Subdivision 18T-84018 Town of Pickering � C /� ; R__ �:_ � � _ '.; _ , _.� SOLICiTGR '"'!^J OF PICkERING CONDITIONS OF APPROVAL OF FINAL PIAN FOR REGISTRATiON FOR THIS PLAN OF SUBUIVISIUN ARE AS FOLLOWS: �1 That this approval applies to draft plan of subdivision 18T-84018, prepared by Grant Morris Associates, revised and dated June 11, 1988, as per attached plan showing 46 single-family lots, 21 blocks for residential development in conjunction with adjoining lands, 3 parcels to be retained by the owners, 2 road widening blocks, 10 road reserve blocks, and 1 block for medium density residential development. � That the road allowances included in this draft plan shall be dedicated as public highway. 3�. That the road allowances included in this draft plan shall be named to the satisfaction of the Region of Durham and the Town of Pickering. 4. That Block 79 shall be conveyed to the Regional Municipality of Durham for the purpose of widening Altona Road, and that Block 80 shall be conveyed to the Regional Municipality of Durham as a 0.3 metre reserve. 5� That Block 69 shall be dedicated as public highway for the purpose of widening Pine Grove Avenue. �6 That 0.3 metre reserve(s) as shown as Blocks 70 to 78 inclusive shall be conveyed to the Town of Pickering. 7o That the owner construct temporary turning circles at the northern terminus of Streets "A", "C" and "U" and Westcreek Orive (all within their lands) to the satisfaction of the Town of Pickering. ��8� That the owner satisfy the Town of Pickering with respect to stormwater management facilties and to the necessary financiai contributions to the required stormwater detention pond (Petticoat Detention Pond) and downstream trunk storm facilties. 9� That the owner provide a report to the satisfaction of the Town, indicating the effect that stormwater management, site grading, and below and above ground services within the area of the draft plan will have en the existing drainage. • _ _l A.'•� . t �_ •T' H'; " � � � l 10 11 -Z- That the owner submit a detailed tree inventory and preservation proyram to the satisfaction of the Town of Pickering. That the owner shall convey land to the Town of Pickering for park or other public recreational purposes in accordance with the Planning Act. Alternatively, the municipality may accept cash-in-lieu of such conveyance. 12 That such easements as may be required for utilities, drainage and servicing purposes shall be granted to the appropriate authority. This shall include easements/dedications for stormwater management along the Petticoat Creek through the retained lands of Woitzik and Nynitsch. 13 That the uses shown o� the approved draft plan shall be Zoned in an appropriate zoning by-law passed by the Council of the Town of Pickering in effect in accordance with the Planning Nct . 14 That the zoniny by-law referred to in condition 11 shall contain the appropriate provision(s) to restrict any building or structure other than those necessary for flood or erosion control, on the retained lands of Agnitsch and Woitzik except for those portions fronting on Street "D". 15. ������ � Prior to the initiation of grading and prior to the registration of this plan or any phase thereof, that the owner shall submit for the review and approval of the Metropolitan Toronto and Region Conservation Authority: a) a detailed engineering and drainage report that describes the stormwater management techniques which may be required to minimize tfie arnount of stormwater directed into surrounding drainage sytems, b) proposed inethods for controlling or minimizing erosion and siltation on-site andJor in downstream areas during and after construction, c) location and description of all outlets and other facilities which may require permits, and dj overall grading plans for the subject lands. 16. Prior to the initiation of grading and prior to the registration of this plan or any phase thereof, that the owner shall submit for the review and approval of the Ministry of �� Natural Resources: a) a detailed engineering and drainage M reporE that describ�*s the stormwater management techniques which may be required and the impact on the quality of receiving' waters as it relates to fish and fish habitat, b) proposed methods for controlling or minimizing erosion and siltation on-site and/or in downstream areas durin9 and after construction, c) site soil conditions including grain size distribution profiles, and d) overall grading plans for the subject lands. 17. That detailed plans regarding alterations to the watercourse be submitted for the review and approval of the Ministry of �N� Natural Resources. '�' +»-*-- - � � -3- 18. That a snow fence fronted by straw bales or, where � appropriate, geotextile fabric, be erected prior to grading at ^I the rear of 8locks 67, 68 a�d 78 and Lots 45 and 46. No 1'1 disruption of vegetation or disposal of fill shall occur beyond this point. 19. That the owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within the limits of the plan which are required Lo service such plan. In addition, the owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to his subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed as per the standards and requirements of the Region of Durham; all arrangements, financial and otherwise, for said extensions are to be to the satisfaction of the Region of Uurham and are to be completed prior to final approval. 20. That prior to entering into a subdivision agreement the Region of Uurham shall be satisfied that adequate water pollution control plant and water supply plant capacity are available to the proposed subdivision. 21. That prior to final approval of lots 13 to 46 inclusive, the itegion of Uurham shall be satisfied that sanitary sewer and �aater supply services are installed or will be installed in the abutting/adjacent plan of subdivision 18T-84015 and 18T-87043. � That prior to final approval of the plan, the owner shall satisfy all requirements, financial and otherwise, of the Town of Pickering. This shall include, among other matters, execution of a subdivision agreement between the owner and the Town of Pickering, concerning the provision and installation of roads, services and drainage, and other local services. 23. That prior to final approval of the plan, the owner shall satisfy all requirements, financial and otherwise, of the Region of Durham. This shall include, among other matters, execution of a subdivision agreement between the owner and � the Region of Durham concerning the provision and installation of sanitary sewer, water supply, roads and other regional�services. �4 That the subdivision agreement between the owner and the Town of Pickering shall contain, among other matters, the following provisions: a) The owner agrees to carry out, or cause to be carried out, �P to the satisfaction of the Metropolitan Toronto and Region �L Conservation Authority, the recommendations referred to in �� the report as required in condition 15. � �. • ..-- - � �_. . � -4- � b) The owner a9rees to not place fill, grade, construct any buildings or structure without prior written approval ��L being yiven by the hietropolitan Toronto and Region M Conservation Authority. c) The owner agrees to carry out or cause to be carried out, '\(� to the satisfaction of the Ministry of Natural Resources, Mlv the recommendations referred to in the report as required in condition 16. �d The owner agrees to erect a 1.8 metre high wood privacy fence or other suitable barrier along the rear boundary of Lots 18 to 23 and Block 55. eo The owner agrees to an appropriate financial contribution toward the future installation of a sidewalk and upgrading of street lighting on the west side of Altona Road along the frontage of the retained lands of Agnitsch and Woitzik. f� The owner agrees to provide an appropriate site plan for Btock 47 prior to the forwarding of an implementing zoning by-law for the land south and east of Pine Grove Avenue within the draft plan. OThe owner agrees to undertake and guarantee any work necessary as determined under condition 9. OThe owner agrees not to develop blocks 48 to 68 inclusive except in conjunction with adjacent lands and further agrees to maintain these blocks until developed. 25. That prior to final approval, the Commissioner of Planning for the Region of Durham, shall be advised in writing by: a) 7own of Pickering, how conditions 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 22, 24(d), 24(e), 24(f), 24(g) and 24(h) have been satisfied; b) Metropolitan Toronto and Region Conservation Authority, how conditions 15> 24(a) and 2G(b) have been satisfied; and c) Ministry of Natural Resources, how conditions 16, 17, 18 and.24(c) have been satisfied. NOTES TO DRAFT APPROVAL 1. As owner of the proposed subdivision, it is in your interest as well as your responsibility to satisfy all conditions of approval in an expeditious manner. 2. Al1 plans of subdivision must be registered in the land titles system within the Durham Region. �� rw---- - . � -5- 3. Where agencies requirements are contained in the subdivision ayreement, a copy of the ayreement shall be sent to these agencies in order to facilitate their clearance for final approval. These agencies are: a) Ms. A. Aitkens, Metropolitan Toronto and Region Conservation Authority, 5 Shoreham Drive, North York, Untario M3N 154. b) Mr. 1. B. Resources, LOJ 1E0. A Earl, Uistrict Manager, Ministry of Natural 10401 Uufferin Street, Maple, Ontario �-- ° *�----- M m /� �.� �.� �� IIIII• ..� III11 111111 :�-�Iini j : -��.�if : :--�1\�.� �� T "A'11 �",11'I ',�,11 �I'. \ A r��' �� _I� �� ��w w I . ^w n� ' T���I �� �� �r ( �...� .�. .1\1 : w� �1�'1�� �■ ���