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HomeMy WebLinkAboutBy-law 3471/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3471/90 Being a by-law to authorize the execution of a Development Agreement and a Subdivision Amending Agreement between Bramalea Limited and the Town ~ovidingfor the development of Blocks 156 and 157, an 40M-1242, and part of Lot 30, Concession 1, Picketing (Parts 3, 4, 5, 7, 8, 9 and 10, Plan 40R-13006) (A39/89) WHEREAS the Council of the Corporation of the Town of Picketing has approved, in principle, Zoninl~ By-law Amendment Application A39/89, made by Bramalea Limited, subject to conditions requiring that certain Agreements be entered into pursuant to the Planning Act 1983, S.O. 1983, Chapter 1, sections 34 and 50; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute, (a) a Development Agreement in the form attached hereto as Schedule A between Bramalea Limited and The Corporation of the Town of Picketing respecting the development of Blocks 156 and157, Plan 40M-1242, Picketing, and part of Lot 30, Concession 1, Picketing (Parts 3, 4, 5, 7, 8, 9 and 10, Plan 40R-13006), and (b) a Subdivision Amending Agreement in the form attached hereto as Schedule B between Bramalea Limited and The Corporation of the Town of Picketing respecting the development of Blocks 156 and 157, Plan 40M-1242, Picketing. BY-LAW read a first, second and third time and finally passed this 28th day of May, 1990. Wayne Ar tl~rs,-~yor Bruce Taylor{Clerk/ ToWN C-F ~ICKERING APPROVED LEGAL DEP r THE CORPORATION OF THE TOWN OF PICKERING By-LAW NO. 3471/90 Being a by-law to authorize the execution of a Development Agreement and a Subdivision Amending Agreement between Bramalea Limited and the Town ~[oviding for the development of Blocks 156 and 157, an 40M-1242, and part of Lot 30, Concession 1, Pickering (Parts 3, 4, 5, 7, 8, 9 and 10, Plan 40R-13006) (A39/89) WHEREAS the Council of the Corporation of the Town of Pickering has approved, in principle, Za3ni.n$ By-law .Amendment Application A39/89, made by Bramalea Limited, subject to conditions requinng that certain Agreements be entered into pursuant to the Planning Act 1983, S.O. 1983, Chapter 1, sections 34 and 50; 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) a Development Agreement in the form attached hereto as Schedule A between Bramalea Limited and The Corporation of the Town of Pickering respecting the development of Bl.ocks .156 and 157, Plan 40M-1242, Pickering, and part of Lot 30, Concession 1, P~ckenng (Parts 3, 4, 5, 7, 8, 9 and 10, Plan 40R-13006), and (b) a Subdivision Amending Agreement in the form attached hereto as Schedule B between Bramalea Limited and The Corporation of the Town of Pickering respecting the development of Blocks 156 and 157, Plan 40M-1242, Pickering. BY-LAW read a first, second and third time and finally passed this 28th day of May, 1990. Wayne Artt~fir~yor ~ruce Taylor, Clerk/ TOWN PICKERING LEGAL DEF SCHEDULE A THIS DEVELOPMENT AGREEMENT made May 28, 1990. BETWEEN: 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 the Owner proposes to develop part of Lot 30, Concession. 1, Pickering and Blocks 156 and 157, Plan 40M-1242, Pickering, in order to create four buildtng lots thereon, and in furtherance thereof requires an amendment to the Town's Zoning By-law 3036 (A39/89); NOW THEREFORE THIS AGREEMENT WlTNESSETH that, in consideration of the Town approving the Owner's Zoning By-law Amendment Application A39/89 to permit the development of four dwelling umts on the lands affected hereby, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. LANDS AFFECTED The lands affected by this Agreement (herein called the "Lands") are, (a) those parts of Lot 30, Concession 1, Pickering, designated as Parts 4, 5, 7 and 8, Plan 40R-13006, (b) Block 156, Plan 40M-1242, Pickering, now designated as Parts 9 and 10, Plan 40Rq3006, and (c) Block 157, Plan 40M-1242, Pickering, now designated as Part 3, Plan 40R-13006. 2. CANCELLATION OF AGREEMENT In the event that this Agreement is not registered on or before December 31, 1990, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. 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 "~t" 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) Schedule A attached hereto shall form part of this Agreement. Time shall be of the essence of this Agreement. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the .La.n?, or any part thereof, to enter upon the Lands in order to comply with the provisions of th~s Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike manner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town, 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 Eng. ineer as the Consulting. Engineer of the Owner to carry out all the necessary engineering and to supervase generally the work required to be done for the development of the Lands. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. (1) The Owner shall construct a complete storm water drainage and m. anagement system, including storm connections to the street line and catch basra leads, to service all the Lands and toprovide capadty for lands upstream of the Lands, according to designs approvedby 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 acceptedby the Town. (2) Such system shall be constructed to an outlet or outlets ~ccording to designs approved by. the Director of Public Works and shall be of sufficient size and depth and at locations either within or outside the Lands to service the Lands and the lands outside the Lands 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 authorized, prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS o 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 future Laurier Crescent road allowance comprised of Blocks 160 and 161, Plan 40M-1242, Pickering, and that part of Lot 30 Concession 1, Pickering, designated as Part 6, Plan 40R-13006 (hereto called the "Laurier Crescent connector road"). -2- (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. (1) The Owner shall construct the Laurier Crescent connector road 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 the Laurier Crescent connector road and other roads outside the Lands where construction has taken place or that are used by construction traffic 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 Laurier Crescent connector road that the maintenance of it has not been assumed by the Town from the time that it is opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTI~RS (1) The Owner shall construct curbs and gutters on the Laurier Crescent connector road according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a driveway, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 14. SIDEWALKS (1) The Owner shall construct the following segment of sidewalk, within six months immediately following the occupancy of the first dwelling unit to be occupied on any lot or block adjacent to that segment, despite the provisions of section I of Schedule A: (a) on the east side of Laurier Crescent and the Laurier Crescent connector road adjacent to that part of the Lands designated as Parts 7, 8, 9 and 10, Plan 40R-13006. (2) Despite the provisions of subsection (1), where the occupancy of the first dwelling unit occurs in November or December of any year, the nme limit for construction of the adjacent sidewalk segment shall be extended to June 30 in the following year. (3) The owner shall maintain the sidewalk segment until it is formally accepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone .service is to be provided to any part of the Lands, it shall be provided underground and ~n accordance with the standards and specifications of Picketing Hydro-Electric Commission, Pickering Cable T.V. Limited or Bell Canada, as the ease may be. (1) The Owner shall install street lights, including poles and other necessary appurtenances, on the Laurier Crescent connector road. (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 vath standards established by t.h.e Town and in conformity with the Association of Municipal Electrical Utilities Guide to Mumcipal Standard Construction. -3- (4) The i~. iallation of street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 17. (1) Prior to the registration of this Agreement, 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 referred 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 in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. 18. LIABILITY INSURAiNI~E (1) Before commencing any of the work provided for herein, the. Owner shall supply the Town with a Certific. ate of Insurance verifying that a Liabdity Insurance Policy is in place mn a form satisfactory to the Town, naming the Town as an insured and indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner in the 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 within 30 days of the account therefor being rendered by the Town. (4) It shall be the responsibility of th.e Owner to notify the Town of the dates for the renewal of the premium of the smd 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. 19. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the O?ner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or performance of the works; (b) guaranteeing the payment of any amounts payable to the Town under 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) ~uaranteeing 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 const.ructed, installed or performed, and prod 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 t.hat the construction, installatign or performance of the works for wh:ch reduction ms being sought have been satasfactorily .completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, -4- (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by payment into court; and (c) seventeen per cent (17%) of the original value where, (i) a certificate of final completion has been made by the Owner's Consulting Engineer; (ii) 45 days following the making of such certificate have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by payment into court; which seventeen per cent (17%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has e.x~ired, 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 thc 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. 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 Lands, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing theproposed 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 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 t.o the Town, of suitable swales and catch basins to manage adequately, m the opimon of the Town's Director of Community Services & Facilities, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Directors of Public Works and Community Services & Faciht~es. (4) The grading of.all lands shall be carried out by th.e Owner in accordance with the ~pr. oved Grading Control Plan, under the superwsion of the Owner's Consulting t:ngmeer. (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 res~denual lots except for paved, planted or treed areas,, withi.n the six months immediately following the occupancy of the first dwelling umt 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. -5- 21. INCOMPLETED OR FAULTY WORK (1) If, i~. the op. inion of the Director of Public Works, the Owner is not prosecuting or causing to. ~e prosecuted the work in connection with this Agreement within the specified tune, 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, o.r un~.easonably delay the same so that the conditions of this Agreement are being vaolated or carelessly executed, or in bad faith, or shall the Owner n.eglect or refus.e, to renew or again perform such work as may be rejected by the Director of Pubhc 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 ~)erformance of .the terms of this Agreement, then in any su. ch case, the said irector of Pubhc Works shall .promptly n. otify the Owner and h~s surety in writing of such default or neglect and tf such notification be without effect within 10 clear days after such notice, then in that case, the Director of Public Work~ shall thereupon have full authority to. purchase such materials, tools and machinery and to employ such workmen as tn 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 em.ergency, in the opinion of the Director of Public. Works, such work may be done wathout 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 further, 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. agre. ed that the assuming by the Owner of the obhgations tmposed by this sectlon ts one of the considerations, without which the Town would not have executed this Agreement. 22. TRANSFERS - CONVEYANCES (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, prior to the registration of this Agreement, all of, (a) that part of Lot 30, Concession 1, Pickering, designated as Part 1, Plan 40R~13006 (future Rosebank Road widening); (b) that.part of Lot 30, Concession 1, Pickering, designated as Part 2, Plan 40R 13006 (Rosebank Road reserve); and (c) that part of Lot 30, Concession 1, Pickering, designated as Part 6, Plan 40R-13006 (Laurier Crescent connector road). (2) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbranc.e, if that encumbrance relates in any way to the existence or maintenance of a pubhc utility in operation as of the date of this Agreement. 23. 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, d. eem necessary for the provision of storm water drainage and m.anagement facihtles bo.~ within the boundaries of the Lands and across lands adjacent thereto but outside those boundaries. (2) S.uch e.asements shall .be subject to the .approval of the Director of Public Works or h~s destgnate as to thetr location and vodth. (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. -6- 14. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or where no sidewalk is to be provided between the curb and the lot line. (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 construction of services 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 suhclause (i). (iii) That there shall be no burning of refuse or debris upon the Lands or any public lands. (d) Oualitative or Ouantitative Tests The Director of Public Works may have qualitative or qu.a~.titative tests made of any materials which have been or are proposed to be used m the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. (e) Relocation of Services (i) To pay the co.st of relocating any existing services and utilities caused by the 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, m the opinion of the Director of Public Works, as to interfere with the use of the driveway. (0 Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (g) T_f,l~X~.ig~ T.o provide and erect at its own cost, to the specifications of the Town, temporary s~gns of such nature and at such locations as may be designated by the Director of Public Works. Pr/or to the final acceptance of the works, to supply the Town with the original drawings of the engineering works, with amendments, if any, noted thereon. (i) Snow Plowing & Salting of Roads (i) If, in the opinion of the Director of Public Works, the condition of the road surface is not acceptable for winter control, to snow plow and salt the Laurier Crescent connector road. (ii) Such snow plowing and salting shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the Laurier Crescent connector road is acceptable to the Director of Public Works for winter control. -7- 0) Survey Monuments & Markers Prior .to the acceptance of the works by the Town, to supply a statement by an Ontario..L~md Surveyor th.at, after the completion of the work, he has found or re-estabhshed all standard iron bars as shown on Plan 40R-13006. 25. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building on the Lands until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (2) No building or part of a building on the. Lands shall be occupied except upon the issuance of a municipal occupancy pernut. (3) No .application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric service is completed and in operation; (iii) An asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing maintained public road; and (iv) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy, have been constructed on the said road and extend to an existing maintained public road. (4) The Owner shall maintain vehicular access to all occupied buildings on the Lands until the Laurier Crescent connector road is formally assumed by the Town. 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 architectural design objectives for the Lands, which approval shall not be unreasonably withheld. (2) The report referred to in subsection (1) may be required, at the Director's option, to provide the following information: house massing; streetscape; l cd} exterior materials and colours; architectural style; visual variety; ) energy conservation measures; and ( any other data or information reasonably 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 ap- proval, site plans and architectural drawings for that unit, which approval shall not e unreasonably withheld. (4) The plans and drawings referred to !n 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; cb/ the location of landscaping features, including trees to be preserved; streetscupe for front and rear elevation at a scale acceptable to the Director; /ii streetscape to show al! st. reet furniture and vegetati°n; the relationship of bmldmt~s by blocks; and any other data or informauon reasonably required. -8- ~7. FINANCIAL PAYMENTS Prior to the registration of this .Agreement, the Owner shall pay to the Town unit levies totalling $12,200for the four dwelhng units to be erected on the Lands. !8. PARKLAND CONTRIBUTION Upon the registration of this Agreem..ent, the Town shall apply 0.0198 hectares of the Owners's accumulated p,.arklan.d credit as the Owner's parkland contribution for the development of four dwelhng umts on the Lands. 29. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on the Lands as required by law from time to time. (b) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (c) To pay all registration costs incurred by the Town relating in a~.y way to the registration o[ this Agreement or any other related documentation, including transfers, in the Land Titles Office. (d) ' ' Upon applying for final acceptance of the works, to supply the Town with a Statutory l~claration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or other, vise in connection with such work done or material supj~lied for or on behalf of the Owner in connection with the works, or if such clmms do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 30. EXPIRY OF SECURITII~$ (1) Should any security required to be given under the terms of this Agreement 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. (1) The Owner shall plant on the Laurier Crescent connector road, 4 trees of a size and type acceptable to the Town. (2) A schedu, le of.the Owner's tr.ee planting scheme shall be approved by the Director of Planmng 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) ff the density is too great to enable 4 trees to be planted, the Owne. r shall pay to the Town $17~. for every tree. which cannot be planted for tree planting in a public land area withm the community in which the Lands are located. -9° 32. TREE PRESERVATION (1) The Own.er shall retain, at its own expense, a qualified expert to prepare a Tree Preservat/on Program indicating which existing trees shall be preserved. (2) The Program shall be submitted to the Director of Planning for review and approval of the Director of Community Services and Fac~ifies, and, once approved, shall be implemented as approved only. (3) In determining whether or not to a. pprove 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 commence, 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 appro.ved Tree Preservat~.on Program is removed or is, in the opinion of the Town's D~rector of Conun.um.ty Sennces and Facilities, damaged to such an extent that its value or longewty ~s decreased or is likely to be decreased, then the Owner shall replace that tree with a tree of a height, diameter and species determined by the Director; such replacement shall be at no cost to the Town. (6) The Owner's liability under subsection (5) shall continue until, (a) wh.e. re the lands upon which the tree is located comprise a resident, iai braiding lot or block, twelve months after the completion of the sodding on the lot or block, or (b) where the lands upon which the tree is located comprise lands other than a re.sidential building lot, the expiry of the guarantee period referred to in section 1 of Schedule A of this Agreement. IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED BRAMALEA LIMITED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk - 10- 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (1) The Owner shall complete all works, services and requirements under this Agreement within two years of the date of registration of this Agreement. (2) The .Owner shall guarantee all works, workmanship and materials employed or used. ~n the constructign, installation or completion of all works, services and reqmrements under th~s Agreement for a period of two years from the date that the works, services and requirements are approved in writing by the Town. 2. TEMPORARY TURNING CIRCLES The Owner shall remove, at its sole expense and to the Town's specifications, any temporary turning circle located immediately adjacent to the Laurier Crescent connector road, andshall replace any such circle with permanent services as if the circle were part of the Laurier Crescent connector road. 3. 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. 4. DWELLING UNIT COUNT (1) In the event that more than 4 dwelling units are to be constructed on the Lands pursuant to this Agreement, an amendment to this Agreement shall be required. (2) In the event that less than 4 dwelling units (one on Parts 3 and 4, Plan 40R-13006; one on Part 5, Plan 40R-13006; one on Parts 7 and 10, Plan 40R-13006; and one on Parts 8 and 9, Plan 40R-13006) are to be constructed on the Lands pursuant to this Agreement, (a) the amounts payable to the Town pursuant to sections 17(1) and 27, and (b) the amount of the parkland credit to be applied by the Town pursuant to section 28, shall be pro-rated accordingly by the Town without an amendment to this Agreement. 5. CONTRIBUTION TO ROSEBANK ROAD IMPROVEMENTS Prior to the registration of this Agreement, the Owner shall pay to the Town the sum of $8,500 as its contribution to the cost of the future construction and installation of improvements (storm sewer, sidewalk, curb, roadway works, boulevard works and street lighting) by the Town on Rosebank Road adjacent to the Lands, which sum, if paid after June 30, 1990, shall be adjusted according to the Southam Construction Index for Ontario, Composite Portion, to the date of payment. -11- SCHEDULE B THIS AMENDING AGREEMENT made May 28, 1990, BETWEEN: BRAMALEA LIMITED herein called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN QF PICKERING herein called the '~Town" OF THE SECOND PART. WHEREAS the Owner and the Town entered into a Subdivision Agreement dated July 6, 1981, (Notice of which was registered December 10, 1981 as Instrument No. LT139237) respecting the subdivision of that part of Lots 29 and 30, Concession 1, Pickering, included in Ministry of Housing Draft Plan Number 18T-79085 (Revised); and WHEREAS part of that draft plan was registered on December 10, 1981 as Plan 40M-1232, Pickering, and the remainder of that draft plan was registered on June 30, 1982, as Plan 40M-1242, Pickering; and WHEREAS that Subdivision Agreement was amended by subsequent agreements between the Owner and the Town dated November 2, 1981 and May 16, 1983 (Notices of which were registered January 19, 1982 and November 1, 1983 as Instruments No. LT140918 and LT188983, respectively); and WHEREAS it is necessary to amend that Subdivision Agreement again in order to provide for the development of Blocks 156 and 157, Plan 40M-1242, Pickering, in conjunction w~th abutting lands; NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the sum of $2.00 now paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto covenant and agree one with the other as follows: 1. The lands affected by this Agreement (herein called the "Lands") are Blocks 156 and 157, Plan 40M-1242, Picketing. 2. In this Agreement, "Amended Subdivision Agreement" means the Subdivision Agreement between the Owner and the Town dated July 6, 1981 (Notice of which was registered December 10, 1981 as Instrument No. LT139237), as amended by the Amending Agreements between the Owner and the Town dated November 2, 1981 and May 16, 1983 (Notices of which were registered Ja.nuary 19, 1982 and November 1, 1983 as Instruments No. LT140918 and LT188983, respectively). 3. The Owner and the Town acknowledge and agree that they are bound by the terms an.d conditions of the Amended Subdivision Agreement and shall continue to be bound by as further amended hereby. 4. Section 7 of Schedule A to the Amended Subdivision Agreement is further amended by deleting the phrase "156-2 and 157-2" from the second line thereof. 5. Schedule A to the Amended Subdivision Agreement is further amended by adding thereto the following section: 9. BLOCKS 156 and 157. PLAN 40M-1242. PICKERING (Blocks 156-2 and 157-2~ NO provision of this Agreement, as amended, shall apply to the development of Blocks 156 and 157, Plan 40M-1242, Pickering (someUmes referred to herein as Blocks 156-2 and 157-92) except Section 8 of Schedule A and Sections 1, 2, 3 and 4 of Schedule C. IN WITNESS WHEREOF, the parties hereto have hereunto affixed their corporate seals, attested by the hands of their authorized officers. SIGNED, SEALED & DELIVERED BRAMALEA LIMITED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk