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HomeMy WebLinkAboutBy-law 3481/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3481/90 Being a by-law to repeal By-law 2924/88 and to authorize the execution of a Subdivision Agreement and a Development Agreement between 699504 Ontario LtcL and the Town provi..d, ing for the development of part of Lot 33, Concession 1, Ptckering (Phase I re Draft Plan 18T-840I& Parts 4-10, Plan 40R-12948 re LD420/89). WHEREAS the proposal to subdivide and register a plan of subdivision of Part .Lot 33, Concession 1, Pickerinl~, and to sever a parcel thereof, has been a_p. proved by the Cormmssioner of Planning of the Region of Durham and by the Durham Land Division Committee, subject to several conditions, some of w.h, ich require the entering into of satisfactory agreements with The Corporation of the Town of P;ckering pursuant to the Planning Act 1983, S.O. 1983, Chapter 1, sectmn 50(6); 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 Subdivision Agreement, in the form attached hereto as Schedule A, between 699504 Ontario Ltd. and The Corporation of the Town of Pickering respecting the development of that part of Lot 33, Concession 1, Picketing, within Phase 1 of Draft Plan 18T-84018; and (b) a Development Agreement, in the form.attached hereto as Schedule B, between 699504 Ontario Ltd. and The Corporation of the. Town ..of Pic. kering respecting the development of that part of Lot 33, Concession 1, Pmkenng, designated as Parts 4, 5, 6, 7, 8, 9 and 10, Plan 40R-12948 (LD420/89). 2. By-law 2924/88 is hereby repealed. BY-LAW read a first, second and third time and finally passed this 18th day of June, 1990. ?' Wayne ,~rthu~, Mayor Bruce Taylor, Cle TOWN CF' PICKE[~ING APPRO¥£O LEGAL DE~. THE CORPORATION OF THE TOWN OF PICKERINO BY-LAW NO, 3481/90 Being a by-law to repeal By-law 2924/88 and to authorize the execution of a Subdivision Agreement and a Development Agreement between 699504 Ontario Ltd. and the Town providing for the development of part of Lot 33, Concession I, Picketing (Phase 1 re DFafl Plan 18T-84018; Parts 4-10, Plan 40R-12948 re LD420/89). WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 33, Concession 1, Picketing, and to sever a parcel thereof, has been ap, proved by the Commissioner of Planning of the Region of Durham and by the Durham Land Division Committee, subject to several conditions, some of which require the entering into of satisfactory agreements with The Corporation of the Town of Pickering pursuant to the Planning Act 1983, S.O. 1983, Chapter 1, section 50(6); NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: I. The Mayor and Clerk are hereby authorized to execute, (a) a Subdivision Agreement, in the form .attached hereto as Schedule A, between 699504 Ontario Ltd. and The Corporation of the Town of Picketing respecting the development of that part of Lot 33, Concession 1, Picketing, within Phase 1 of Draft Plan 18T-84018; and (b) a Development Agreement, in the form attached hereto as Schedule B, between 699504 Ontario Ltd. and The Corporation of the Town of Pickering respecting the development of that part of Lot 33, Concession 1, Picketing, designated as Parts 4, 5, 6, 7, 8, 9 and 10, Plan 40R-12948 (LD420/89). 2. By-law 2924/88 is hereby repealed. BY-LAW read a first, second and third time and finally passed this 18th day of June, 1990. £B~ Cie ~ '-' e Taylor, TOWN CF PIGKERtNG APPROVEO SCHEDULE A THIS SUBDMSION AGREEMENT made June 18th, 1990. BETWEEN: 699504 ONTARIO LTD. hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN QF 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 Picketing in the Regional Municipality of Durham, and .to register a plan of subdivision of those lands, as shown on part of 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. /.~M:/IZAEEF,~a~ The lands affected by this Agreement (the "Lands") are Lots 1 to 12, both inclusive, and Blocks 13 to 21, both inclusive, Plan 40M'- , Pickering. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before June 30, 1990, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null android andof 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 require, d to be given hereunder may be given by registered mail addressed to the other Party at ~ts 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. INTERPRETATIQN (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 Encum. brancers".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. This Agreement and everything herein contained shall ChUte to the benefit of and be binding upon the Parties hereto, their successors and assigns. 7. LICENCE TO ENTER The Owner shall r~tain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply withthe provisions of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanli.ke manner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and sh.all complete, perform or make payment for such other matters as may be providedfor hereto. 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 supervise generally the work reqmred to be done for the development of the plan of subdivision. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (1) The Ow?er s.h. all construct a co. mplete storm water drainage and management system, including stor. m connections to the street line and catch basin leads, to service all the lands m thepla, n of subdivision and to provide capacity for lands upstream of the plan of subd.!vision, 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 acceptedby the Town. (2) Such system shall be construct.ed to an outlet or outlets according to designs approved by. the Director of.Pubhc Works and shall be of sufficient size and. depth and at locanons either within or outside the lands affected hereby to service the pla. ri. of subdivis!on and the lands outside the plan of subdivision, which in the opnnon of the D~rector of Public Works will require its use as a trunk outlet. (3) Should, in the opinion of the Director of Public Works, an !nadequate stream or structure exist in the outlet system outside the plan of subdiwsion, 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 - 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 vdxlth, the proposed road allowances shown on the plan of subdivision. (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. .2- (1) The Owner shall construct the road 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) U..nti. l assumptio, n by the Town, the Owner shall maintain and repair roads both w~thm and outside the pi.an of subdivision where construction.has taken place or that are used by construction traffic entering the plan of subdiwsion and keep such roads clear of mud, dust, refuse, rubbish or other ~itter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the road in th.e plan t.hat the maintenance of it has not beeu 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 & GUTTERS (1) The Owner shall construct curbs and gutters on the road to be constructed dPUrsuant to section 12, according to the specifications of the Town in effect at the ate 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 segments of sidewalk, in each case within six months immediately followin~ 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) on the east side of Pinegrove Avenue between the south boundary of Lot 1 and the north boundary of Block 19; and (b) on the west and north sides of Pinegrove Avenue between the west boundary of Lot 12 and the north boundary of Block 18. (2) Despite the provisions of subsection (1), where the occupancy of the first dwelling unit occurs in November or December of any year, the t~me limit for construction of the adjacent sidewalk segment shall be extended to June 30 in the following year. (3) The Owner shall maintain each 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 lot or block in the plan, it shall be provided underground and in accordance with the standards and specifications of Pickering Hydro-Electric Commission, Pickering Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (1) The Owner shall install street lights, including poles and other necessary appurtenances, on the proposed street in the plan. (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 wath stan.dards established by t.h.e Town. and in conformity with the Association of Mumcipal Electrical Utihtles Guide to Municipal Standard Construction. -3- (4) The installation of street lighting .and its related services shall be under the supervision and inspection of Pickenng Hydro-Electric Commission. 17. (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $490 as an engineering drawing inspection fee, (2) All works required to be constructed by the Owner, e. xcept 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 adnunistration fees. 18. I, IABILITY INSURANCE (1) Before commencingany of the work provided for herein, .the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, naming the Town as an insured and indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner 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 within 30 days of the account therefor being rendered by the Town. (4) It shall be the responsibility of ~e Ow.ncr to noti~ the Town of the dates for the renewal of the premium of.the sa~d pohcy 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 & MAIN'I~NANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supl?ly the Town with a 60% performance and maintenance s.ecurity in a form satisfactory to the Town and in an amount established by the D~rector 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 section 17 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner .may, at any time after the first.50%, in value, of works .have been constructed, ~nstalled 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 that t.he construction, installation or performance of the works for which reducuon is being sought have been satisfactorily c. ompleted 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 agai~t 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.xpired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. (4) Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 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 there, of and the drainage of all adjacent lands which drain through the plan of subdivision.. (2) The. Grading C. ontrol 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. to the Town, of suitable swales and catch basins to manage adequately, in the opinion of the Town's Director of Community Services & Facilities, that surface run-off water. (3) The Grading Control Plan is subj.ect to the approval of the Town's Directors of Public Works and Community Sevoces & Facilmes. (4) The grading of.all lands shall be carried out by the Owner in accordance with the a_.ppr, oved Grading Control Plan, under the supervision of the Owner's Consulting tmgmeer. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works i.n. the plan of subdivisio.n by .the Town, .the Owner shall correct them by re-grading or by the construction ot 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 Schedule 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, with!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 .Iune 30 m the following year. '5' 21. INCOMPLETED OR FAULTY WORK (1) If, M. the opinion of the Director of Public Works, the Ow.ncr is not prosecuting or eaus!ng to. be pro.secuted the work in connection with this Agreement within the specified time, or m 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 tha. t the co.nditions of this Agreement are being wolated or carelessly executed, or m bad faith, or sh .all the Owner neglect or refuse to renew or again perform s.uch work as may be rejected by the Director of Public Works as defective or unsmtable, or shall the Owner in any other manner, in the opinion 9f the Director of Public Works, make default in p.e. rformance of the terms of this Agreement, then in any su. ch case,, the said D~rector of Public Works shall promptly notify the Owner and his sur.e.ty, m writing of such default or neglect and if such notification b.e without effect.vathm 10 clear days after such notice, then in that case, the Director of Pubhc Works shall thereupon have full authority to purchase such materials, tool.s and machinery and to employ such workmen as in his opinion shall be reqmred for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. (2) In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and further, a fee of thirty pFer cent (30%) of the value for the dislocation and inconvenience caused to the own as a result of such default on the part of the Owner, it b. eing.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 as public highway under the jurisdiction of the Town 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, Blocks 22 and 23 (Pinegrove Avenue reserves). (2) Notw!thstanding the provisions of s.ubsection (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 c.o. st 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 dra. i.nage and management fa.c. ihties both within the boundaries of the plan of subdivasion and across lands adjacent thereto but outside its boundaries. (2) S.uch e.asements shall be subj.ect to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subse.ctign (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- 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Pavin~ of Driveway Approaches To pave aH driveway approaches between the curb and sidewalk. (b) Continuation of Existing Services Where the construction of services herein involves a continuation to existin, g services, to join into the same, including adjustment of grades where necessary, m a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill .o.r debris on, nor to remove or permit to be removed, any fill from any pubh.c lands, other than in .the actual construction of. roads in the plan of subdivision without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of subclause (i). (iii) That there shaH be no burning of refuse or debris upon its lands or any public lands. (d) Construction Traffic Wherever possible, to ensure that construction traffic serving the development of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) Oualitative or Ouantitative 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, an.d the cost of such tests shaH be paid by the Owner w~thm 30 days of the account being rendered by the Town. (0 Relocation of Services (i) To pay t.h.e c. ost of relocating existing services and utilities caused by the subdivision work within a~ days of the account for same being rendered by the Town. (ii) Similarly to pay the cost of moving any services or utilities ins.tailed under this Agreement in driveways or so dose thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (g) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (h) 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 designated by the Director of Public Works. (i) ~ To provide and erect at its own cost, t.o the specification.s of the Town, j~?rmanent signs of such nature and at such locations as may be designated by the Director of Public Works. 0) Prior to the final acceptance of the subdivision, to supply the Town with the original draw~.'ngs of the engineering works for the plan of subdivision, with amendments, if any, noted thereon. -7- (k) Snow Plowing & Sanding of Roads (i) If, in the opinion of the Director of Public Works, the condition of the road surface is not acceptable for winter control, to snow plow and sand such roads from such occupied buildings to existing Town roads or to subdivision roads that receive the Town's winter control service, including alternate means of access where available. (ii) Such snow plow!.ng and sanding shall be done from time to time when the Director of Pubhc Works deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. (1) 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 subdiwsion work, he has found or re-established all standard iron bars as shown on the registered plan, and survey m. onuments at all block comers, the ends of all curves, other than comer roundings and all points of change in direction of streets on the registered plan. 26. CONSTRUCTION & OCCUPANCy OF BUILDINQ$ (1) No .b. uil.ding permit shall be issued for any building or part of a building in the sub&vis,on 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 o.f a building in the subdivision shall be occupied except upon the ~ssuance of a mumcipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) Storm.sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric service is completed and in operation; (iii) An asphalt base has been laid on the road imme.diately 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 t.o occupancy have been constructed on the said road and extend to an ex~sting maintained public road. (4) The .O~v..ncr sba. Il 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 permit for the construction of any residential unit on the lands, submit to thc Town's Director of Planning, for approval, a report outlining siting and architectural 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 Director's option, to provide the following information: house massing; stree .tscape; . exterior matenais and colours; gO) architectural style; e/ visual variety; . energy conservanon measures; and . any other data or information reasonably reqmred. -8- (3) The Owner shall, prior to the issuance of any building permit for the construction of a r. esi.dential u/fit 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 be unreasonably withheld. (4) _Tl?e plans an.d drawings, referred to !n subsection (3) may be required, at the Director's option, to provide the following information: (a) the locat!on, of all buildings ar~.d structures to be erected and the location of all facilities and works assoaated therewith; ~c/ the location of landscaping features, including trees to be preserved; streetscape for front and rear elevation at a scale acceptable to the Director; /~/streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information reasonably required. 28. FINANCIAL PAYMENmI~ (1) The Owner shall pay to the Town a unit levy in the amount of, $3,050 per unit if paid in 1990; or $3,250 per unit if paid in 1991, for each dwelling unit to be erected in the Plan. (2) No building permit shall be issued for any dwelling unit unless payment .of the unit levy shall have been made in advance of the issuance of such permit vath respect to such dwelling unit. (3) In any event, the Owner shall pay all levies payable under the provisions of this section in full no later than 18 months from the date of registration of the plan. (4) A letter from the Clerk of the Town .advising that the unit levy h.as been paid shall be deemed to be a release of this section for the lands referred to in the said letter. 29. FINANCIAL SECUR1TY The Owner shall, immediately prior to the re$istration of the plan, deposit with the Town, a security payable to the Town, in a for. m satisfactou to the Town, for the sum of $45,500 as security for the payments referred to in section 28hereof. 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 subdivision, 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 ail sums of money payable hereto which are not paid on the due dates calculated from such due dates. (c) To pay all registration costs incu.rred, by the Town relating in any way to the registration of the plan of subd~vision or any other related documentation, including transfers, in the Land Titles Office. -9- (d) sUpon applying for.final acceptance of the subdivision, to supply the Town with. a tatutory Declaration that all accounts for work and m. atenals .have been pa.~d, except normal guarantee holdbacks, and there are no claims for Hens or otherwtse in connection with such work done or material supplied.for or on behalf of the Owner in connection with the subdivision, or if such clmms do exist, the Owner shall in. derm~f'y the T.own against all claims, actions or demands for liens or otherwise and all costs m connection therewith. 31. {~XPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agreement expire dunng the cu.rrency of the Agreement, the Owner shall provide to the Town at least 30 days m 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) Shou.ld no such further security be provided as required, then the Town shall have the right to convert the expiring security i.nto cash and hold the cash in lieu of and for the same purposes as any further security. 32. PROVISION OF PARKLAND Prior to the reg!stration of the plan, the Owner shall pay to the Town the sum of $25,725 in cash or by certified cheque, which sum the Town shall accept in full satisfaction of the Owner's obligation to provide parkland. 33. (1) The Owner shall plant on road allowances within or adjacent to the plan, 14 trees of a size and type acceptable to the Town. (2) A sched.ule of.the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. (3) The trees .approved by the Town shall be planted by the Owner when the boulevard ~nto which they are to be planted is sodded. (4) If the density is too great to ena.ble 14 trees to be planted, the Owner shall pay to the Town $175 for every tree which cannot be pl .anted 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, th? Program, the Director shall be governed by the Town Tree Preservation Pohcy m effect at the date hereof. (4) Until such time as the Program is approved, the Owner shall not co .m:mence, nor allow to be commenced, any aspect of the development of the lands m the plan, including the removal of any trees. (5) In the ?eat that any tree required to be prese, rved by the approved Tree PreservaUon Program is removed or is, in the opimon of the Town's Director of Corem.unity Services and Facilities, damaged to such an extent that its value or longevity is. decreased or is likely to be decreased, then the Owner shall replace that tree w~th a tree of a height, diameter and species determined by the Director; such replacement shall be at no cost to the Town. o 10o (6) ' The Owner's liability under subsection (5) shall continue until, (a) wh.e.r.e, the lands upon which the tree is located comprise a residential building lot or block, twelve months after the completion of the sodding on the lot or block, or (b) wher.e the. lands upon which the tree is located comprise, lands other than a residential building lot, the. expiry of the guarantee period referred to in section 1 of Schedule A of this Agreement. IN 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 699504 ONTARIO LTD. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk 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 an)' 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 , this day of ,1990. SIGNED, SEALED & DELIVERED THE ROYAL BANK OF CANADA -11- 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (1) In this section, "pr?servicing" means the undertaking, prior to the registration of this plan of su.b0. ~wsion, of any works or services required to be undertaken by the provisions of this Agreement, on the Lands or on any lands adjacent thereto, and "preservice' has a corresponding meaning. (2) The Owner may undertake preservicing limited to e.arthworks (including preliminary grading, soil movement and storage) only w~th the prior written approval of the Town which may be issued by the Town's Legal Services Department only after the Owner has, (a) executed this Agreement; (b) supplied a satisfactory liability insurance policy pursuant to section 18; (c) provided a Grading Control Plan submission jaursuant to section 2.0 which has been approved, subject only to theprovis~on 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 p.rior written approval of the Town which may be issued by the Town's Legal Services Department only after the Owner has, (a) executed this Agreement; (b) supplied a satisfactory liability insurance policy pursuant to section 18; (c) supplied a satisfactory performance and maintenance security pursuant to section 19; (d) provided a Grading Control Plan submission pursuant to section 20 which has been approved, subject only .to theprovis{on of corrected drawings, by the authontl' res 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 subsection 34(2). (4) Despite the provisions of subsections (2) and (3), preservicing limited to, (a) making soil quality and compaction tests, (b) surveying the boundaries of the Lands and of proposed lots, blocks and roads thereon, (c) marking existing and proposed grade elevations, (d) tests and examinations of the Lands necessary for the preparation of required pre-development studies, (e) compliance with an approved Tree Preservation Program; (f) lawful erection of permitted signs, or (g) any combination thereof, shall not require the prior written approval of the Town. (5) The Owner shall complete all works, services and requirements under this Agreement, - 12- (a) within one year of the date of registration of the plan of subdivision ff preserv~cmg (except pre servicing.hwated to that described m subsections (2) or (4), or both) has occurred w~th 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 emp}oyed or used in the construction, installation or completion of all works, sennces and requirements under this A~eement for a period of two years from the date that the works, services and reqmrements are approved in writing by the Town. 2. TEMPORARY TURNING CIRCLES (1) Notwithstanding the provisions of sections 11, 12 and 13 of this Agreement, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on, on Pinegrove Avenue inunediately south of Block 22, or on Pinegrove Avenue north of Block 23. (2) The Owner shall remove, at its sole expense and to the Town's specifications, any temporary turning circle located immediately adjacent to the plan on a public highway to be extended b.y the Owner into the plan, and shall replace any such circle with permanent sermces as if the highway were a road in the plan. (3) As either of the temporary turning circles 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 construction of that turning circle, at his sole discretion, if that sequence does not warrant it. 3. DEMOLITION OF EXISTING BUILDINGS All b.u. ildings and structures on the lands comprising the plan of subdivision shall be demohshed by the Owner, at its sole expense, prior to the issuance of any building permit. 4. RESERVED FUTURE DEVELOPMENT BLOCK - BLOCK 16 (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 h.erewith, 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: TABLE ll~nl Colunm I Column II Column III 1. Block 13 Block 10, 18T-84018, Phase 2 1 2. Block 14 Block 11, 18T-84018, Phase 2 1 3. Block 15 Block 12, 18T-84018, Phase 2, and I Block 43, 18T-84015 4. Block 17 Block 42, 18T-84015 1 5 Block 18 Block 41, 18T-84015 1 6. Block 19 Block 40, 18T-84015 1 7. Block 20 Block 39, 18T-84015 8. Block 21 Block 38, 18T-84015 1 - 13- (2) The devel.opment of the lands described in Columns I and II of Items 4 and 6 of the Table m subsection (1) shall be governed by the provisions of this Agreement. (3) The development of.the lands described in Columns I and I.I of Items 1, 2 and 3 of the Table in subse.ctlon (1) shall be governed by the provisions of the Subdivision Agreement respecting Draft Plan lgr-84018, Phase 2. (4) The development of the lands described in Columns I and II of Items 5, 7 a~..d 8 of the Table in subsection (1) shall be governed by the provisions of the Subdivision Agreement respecting Draft Plan lgr-84015. 6. DWELLING UNIT COUNT (1) In. the event that more than 14 units are to be constructed in this plan pursuant to this Agreement, an amendment to this Agreement shall be required. (2) In the event that less than 14 units (as described in subsection (1)) are to be constructed in this plan pursuant to this Agreement, (a) the amounts payable to the Town pursuant to sections 17(1) and 32, and (b) 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. 7. DELAYED DEVELOPMENT - LOT 12 De.spite any other provisions of this Agr.e. ement, the Owner shall not apply for, or ta.ke any acuon to compel the issuance of a building permit for the construction of any building on Lot 12 until Block 23 has been dedicated as public highway. 8. 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 Ho!dings Limited, collectively known as Alton. a.West Developments, the sums of $14,997, being the cost to those companies of the oversizmg 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. 9. CONTRIBUTION TO DOWNSTREAM SERVICE COSTS The Owner shall, immediately, prior to the registration of the plan, pay to the Town the sum. of $2,835 as its contribution to the cost of the acquisition, construction and maintenance of Stage 2 of the .P. etticoat Creek Stormwater Detention Pond, to be located in Lot 32, Concession 1, P~ckering, together with the necessary easements and rights-of-way for vehicular and pedestrian access thereto from Altona Road. - 14 - 1. SPECIAL PROVISIONS REQUIRED BY THE REGIONAL MUNICIPALITY OF The sections se.t out in this Schedule represent pro..vi.sions not affecting the Town but required to be inserted in this Agreement by the condmons of draft approval (hereinafter referred to as the "Approval"), dated June 28, 1988, of Draft Plan 18T-84018 by the Commissioner of Planning of the Regional Municipality of Durham. 2. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M,T,R.C.A.") M.T.R.C.A. requires that, (a) 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; (b) the Owner shall not place fill, grade, construct any buildings or structures without prior written approval being given by M.T.R.C.A. 3. MINISTRY OF NATURAL RESOURCES ("M.N.R."] The M.N.R. requires that the Owner shall carry out or cause to be carried out, the recommendations of the reports required in Condition 16 of the Approval. o 15 - 1. 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 p.ursuant to the provisions of section 10 of th~s .Agreement is to be of a larger capacity, in whole or m part, than necessary to serwce 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 and .management system, or any part thereof, as the case may be, as provided for ~n section 19(3) 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 subdivision, 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 the Owner's actual cgst, referred to in subsection (2), that the Town shall deem to be apphcable to the external lands for the purposes of this section (the 'oversizing cost"); and (c) the amount of the oversizing cost that the Town shall deem to be applicable to each hectare of the external lands (the ~per hectare oversizing cosf'), and that determination shall be final. (4) In the event that the external lands, or any part thereof, are to be develop.ed by plan of subdivision, plan of condominium or any other method rec. iu~r~ng a development agreement, then the Town shall endeavour 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, (a) calculated according to the gross area immediately prior to development of the external lands to be developed and the per hectare oversizing cost, and (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. (5) In consideration of the Town approving the plan of subdivision and entering into this Agreement with this section included, the Owner hereby, (a) remises, releases and forever discharges, and (b) agrees to indemnify and save haxrnless, - 16- the Town, its officers and employees and their respective heirs, executors, administrator, s, successors and assigns, of and from all a~ions, causes of action, accou, nts, claims, debts, damages, demands, and cosls assooated therewith, arising, to arise or which may hereafter be brought against them, or an5' of them, by or on behalf of the Own?, or any other person, because of the provisions of this section or any .error, ormssion, failure or negligence in the application thereof, and recognizing that .the provisions of the Development Charges Act, 1989 may render this section of this Agreement null and void and of no .effect and may preclude the Town from endeavouring to ensure or from attempting to endeavour to ensure that the payments referred to in subsection (4) are made. o SCHEDULE B THIS DEVELOPMENT AGREEMENT made this day of ,1990. BETWEEN: 699504 ONTARIO LTD. hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKER/NG hereinafter called the "Town" OF THE SECOND PART. WHEREAS, the Owner proposes, to develop that part of Lot 33, Concession 1, in the Town of Picketing in the Regional Mumcipality of Durham, designated as Parts 8, 9 and 10, Plan 40R-12948, in accordance with Decision LD 420/89 of the Region of Durham Land Division Committee for the development thereon of a 46 umt townhouse project; NOW THEREFORE, THIS AGREEMENT W1TNESSETH, that in consideration of the Town approving the proposed severance, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. ~kN~I~g~IF.~ The lands affected by this Agreement (the "Lands") are that part of Lot 33, Concession l, Pickering, designatedas Parts 4, 5, 6, 7, 8, 9 and 10, Plan 40R-12948. 2. CANCELLATION OF AGREEMENT In the event this Agreement is not registered on or before June 30, 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. NOTICI~ 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. INTERPRETATIQN (I) Whenever.in.this Agreement the word "Owner" or "Encumbrancer" and the pronoun "tt" ts used, it shall be read a. nd construed as "Owner or Owners", "Encumbrancer or Encumbrancers" and "hts", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. 5. TIME 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 subsequen, t purchaser, of the Lands, or any pan thereof, to enter upon the Lands in order to comply w~ththe provisions of this Agreement. 8. OWNER'S GENERAL UNDERTAKINQ The Owner shall complete at i~s 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 of Picke. ring, and shall complete, perform or make payment for such other matters as may be prov~dedfor 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 reqmred to be done for the development of the project. (2) Such Consulting Engineer, or an successor thereto, shall continue to be retained until the work provided for in th~ Agreement is completed and formally accepted by the Town. 10. STQRM DRAINAGE (1) The Ow~. er shall construct a co. mplete storm water drainage and management system, ~ncluding storm conn.ect~ons to the street line and catch basin leads to seryi.'ce the Lands and to provide capacity for lands upstream thereof according to des~g.n.s a. pproved by the Director of Public Works and according to the spec~fi.cauons 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 ac.cording to designs approved by the D~rector 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 reqmred to carry out such works as are necessary to provide an adequate outlet. (4) The Town may connect or au!horize 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 ~n an emergency. 11. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowance designated as Parts 4, 5, 6 and 7, Plan 40R-12948 (hereinafter called "Westcreek Drive"). (2) Th.e owner sh. all keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. -2- (1) The Owner shall construct W. estcreek Drive according to the Town's specifications for paved roads of the Town In effect at the date hereof. (2) Un. ill assumption by the Town, the Owner shall maintain and repair Westcreek Drive and any ot.her road where construct/on has taken place or that is used by construct/on traffic entering the Lands 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 Westcreek Drive that the mmntenance of n 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 & GUTFERS (1) The Owner shall construct curbs and gutters on Westcreek Drive 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 sidewalks prior to the.occupancy of the first dwelling unit to be occupied on the Lands despite the provasions of section 1 of Schedule A: wes along the entire east side of Westcreek Drive. (2) The Owner shall maintain each sidewalk segment until it is formally accepted by the Town. 15. ELECTRICAL SERVICES Where ele.ctricity, cable television service or telephone service is to be provided to any lot or block m the plan, it shall be provided underground and in accordance with the standards, and specifications of Pickermg Hydro-Electric Commission, Pickering Cable T.V. Lirmted or Bell Canada, as the case may be. 16. STREET LIQHTINQ (1) The Owner shall install street lights, including poles and other necessary appurtenances, on Westcreek Drive. (2) Electrical service for street lighting shall be provided underground and not aboveground. (3) Street lighting and its related electrical service shall be designed and.installed in accordance with standards established by the Town. and in conforrmty with the Association of Municipal Electrical Utilities Grade to Municipal Standard Construction~ (4) The ins.tallation of str. eet lighting and its related services shrill be under the supervision and inspection of Pickering Hydro-Electric Commission. -3- (1) Prior to the registration of this Agre.eme. nt, the. Owner shall pay to the Town the sum of $1,610 as an engineering dravnng ~nspect~on fee. (2) All .works required to be constructed by the Owner, e. xcept those referred to in sections 15 and 16 shall be installed under the o. bservat~on of Inspe.~.o. rs employed by the Town and the Owner shall pay the costs ~ncurred therefor vnth~n 30 days of invoices being rendered. (3) The costs referred to in subsection (2) .may include, but.n.ot necessarily be limited to, salaries and wages of Inspectors, testing fees and adrmmstration fees. 18. LIABILITY INSURANCE (1) Before commencingany of the work provided for herein, the Owner shall supply the Town with a Liabil. ity Insuranc.e Policy in form satisfactory to the Town, naming the Town as an insured and indemnifying the T. own .from any loss arising from claims for damages, injury or otherwise in connection w~th the work done by or on behalf of the Owner on the Lands and elsewhere. (2) The amount of the Policy shall be $5,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prev. ent the lapse, of such Liability Insurance Policy, may pay the ren. ewal prenuum or premiums and the Owner shall pay the cost of such renewal vothin 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 renew.al of the premium of.the said policy and to supply proof that the premium of the smd policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 19. plgRFORMANC[~ ~ MAINTENANCE GUARANTEE (1) Before com~..encing the c.onstruction, installation or performance of.any of the works provided for hereto, the Owner shall supl?ly the Town vnth a 60% performance and maintenance security in a form sausfactory ,t,o 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 section 17 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are complet.e.d and such completion acknowledged, in writing, by the Director of Pubhc 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, installati.on or performance of the wor. ks for which reduction is being sought have been satisfactorily c. ompleted and prod for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; -4- (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 l!ens 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 agai~t 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 the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 20. DRAINAGE - SODDING (1) The Owner shall provide the Town, before commencing any of the work prodded for herein and prior to the commencement of the development o.f the lands, v~th a Grading Control Plan prepared by the O~..er's Consulting Engineer, establishing the proposed grading of the lands to provLde for the proper drainage thereof and the drafnage 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 to the Town, of suitable swales and catch basins to manage adequately, in the opinion 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 & Facihtles. (4) The grading of all lands shall be carried out by the Owner in accordance with the a.9.pproved 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 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 otherwis, e applicable pursuant to section. 1 of Schedule A, the Owner shall sod the front, side and rear yards 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, m which case the time limit for such sodding shall be extended to June 30 in the following year. -5- (7) If an agreement is entered into between a successor to the Owner and the Town pursuant to section 40 of the Planning Act 1983 providing for site plan/development control of all or any portion of the Lands, and a provasion of that agreement requires t.h. at the successor to the Owner provide a financial security, respecting the grading and sodding of any part of the Lands, then, upon the registration of such agreement, the Owner herein shall be entitled to a reduction in the amount of any security provided by it pursuant to section 19 hereof in an amount equal to the amount for which the Town holds a security for those purposes under the other agreement. 21. INCOMPLETED OR FAULTY WORK (1) If, in. the opinion of the Director of Public Wot. ks, the Owner is not prosecuting or caus!ng 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 aban.don 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 s.uch work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of.the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify, the Owner and his surety in writing of such default or neglect and if such notification be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to. purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. (2) In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) It is understood and agreed that such costs s. hall include a management fee of twenty per cent (20%) of the labour ag..d mate. rial 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 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. 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 this Agreement or within the 30 days immediately following thereof, all of, (a) Parts 4, 5, 6 and 7, Plan 40R-12948 (for Westcreek Drive extension). (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. 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 deem necessary for the pro,sion of storm water drainage and management facilities both within the boundaries of the Lands and across lands adjacent thereto. (2) S.uch e.asements shall .be subject to the approval of the Director of Public Works or his designate as to their location and width. -6- (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 th.e. Town and from the registered owner of the lands across which the easement shall he. 24. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk. (b) Continuation of Existing Services Where the construction of services herein involves a continuation to existin, g services, to join into the same, including adjustment of grades where necessary, m 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 land. s, other than m the actual construction of Westcreek Drive without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town wit. h an acknowledgement from such authority of the Owner's compliance w~th the terms of subclause (i). (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Construction Traffic Wherever possible, to ensure that co.nstruction tra.ff, ie serving the development, of this plan does not use roads, in thts plan or adjacent plans, having occupted residential units fronting thereon. (e) Oualitative or Ouantitative 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, an.d the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. (0 R¢10¢ation of Services (i) To pay the cost 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) Si.milarly to pay the cost of moving any services or u. tilities ins.tailed under this Agreement in driveways o.r so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (g) Specifications Unless otherwise provided, to perform any .work required to be done under this Agreement to the specifications of the Town m effect at the date hereof. (h) T.o 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 designated by the Director of Public Works. (i) 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 designated by the Director of Public Works. Prior. 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. (k) Snow Plowing & Sanding 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 snowplow and salt Westcreek Drive to existing Town roads that receive the Town's winter control service. (ii) S~ch snow plowing and salting shall .b.e done from time to time when the Director of Public Works deems conditions warrant and until such time as Westcreek Drive is acceptable to the Director of Public Works for winter control. (1) Survey Monuments & Markers Prior to the acceptance of the work by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the work, he has found or re-established all standard iron bars as shown on Plan 40R-12948. 25. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building on the Lands until, (a) sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service; and (b) an. ~phalt base has been laid on the Westcreek Drive and extended to an eyastmg maintained public road. (2) .No building or pa. rt of a building on the. Lands shall be occupied except upon the issuance of a municipal occupancy permat. (3) No .application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (a) Storm sewer, sanitarl/ sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (b) Electric service is completed and in operation; and (c) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to oc. cupancy hav.e been constructed on Westcreek Drive and extended to an existing maintained public road. (4) The Owner shall maintain vehicular access to all occupied buildings on the Lands until Westcreek Drive 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 project, 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: streetscape; exterior materials and colours; architectural style; visual variety; (f) energy conservation measures; and (g) any other data or information reasonably required. -g. (3) The Owner shall, pr!or to the issuance of any building perm~.'t for the construction of a residential umt to be erected on the Lands, submit to the Director of Planning, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. (4) The plans and drawings, referred to in subsection (3) may be required, at the Director's option, to provide the following information: (a) the location, of all buildings and structures to be erected and the location of all facilities and works associated therewith; lob/ the location of landscaping features, inc!uding trees to be preserved; streetscape for front and rear elevation at a scale acceptable to the Director; streetscape to show all street furniture and vegetation; the relationship of buildinss by blocks; and any other data or information reasonably required. 27. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of, $3,050 per unit if paid in 1990; or $3,250 per unit if paid in 1991, for each dwelling unit to be erected on the Lands. (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 registration of this Agreement. (4) A letter from the Clerk of the Town .advising that the unit levy h.as been paid shall be deemed to be a release of this section for the lands referred to ~n the said letter. 28. FINANCIAL SECURITY The .Owner shall prior to the registration of this Agreement, deposit with the Town, a security payable to the Town, in a for~. satisfactory to the Town, for the sum of $149,500 as security for the payments referred to xn section 27 hereof. 29. GENERAL PROVISIONS - FINANCIAL MATrERS The Owner agrees with the Town: (a) Taxe~ To pay the taxes in full on all the Lands as required by law from time to time. (b) Interest To pay interest at the rate of eishteen 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)Rt maI m,.Etm To pay .all registr, ation costs incurred by the Town relating in any way to the registration of th~s Agreement or any other related documentation, including transfers, in the Land Titles Office. -9- (d) ' ' Upon appl_yin~ for. final acceptance of the works, to supp!y the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no .claims for liens or otherwise in connection with. such work done or m!teriai supplied for 9r on behalf of the Owner in connection with the works, or ~f such claims do cx~st, the Owner shall indemnify th.e Town against ail c!aims, actions or demands for liens or otherwise and all costs in connection therevath. 30. ~XPIRY OF SECURITIES (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 secur!ty be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash-in-lieu of and for the same purposes as any further security. 31. PROVISION OF PARKLAND Prior to the registration of the plan, the Owner shall pay to the Town the sum of $84,525 in cash or by certified cheque, which sum the Town shall accept in full satisfaction of the Owner's obligation to provide parkland. 32. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the Lands, 46 trees of a size and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall be approved by the Town prior to the planting of any trees. (3) The trees approved by the Town shall be planted by the Owner when the boulevard into which they are to be planted is sodded. (4) If the density is too great to enable 46 trees to be planted, the Owner shall pay to the Town $175 for every tree wh. ich cannot be planted for tree planting in a public land area within the community in which the plan is located. 33. TREE PRESERVATION (1) The Owner shall retain, at its own.expense, a qualified expert to prepare a Tree Preservation Program indicating wfuch existing trees shall be preserved. (2) The Program shall be submitted to the Directgr of PIannin$. for review and approval of the Director of Community Sennces and Facilities, 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 commence, nor allow to be commenced, any aspect oftbe development of the Lands, including the removal of any trees. (5) In the e.vent that any tree require.d t.o be pre. se. rved by the approved Tree Preservation Program is remo.v.e.d or is, in the opimon of the Town's Director of Community Services and Fa.c. ihties, damaged to such an extent that its value or longevity is decreased or is hkely 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. - 10- (6) The Owner's liability under subsection (5) shall continue until, (a) where the lands upon which the tree is located are residential, twelve months after the completion of the sodding thereof, or (b) where the lands upon which the tree is located are not residential, the e?piry of the guarantee period referred to in section 1 of Schedule A of th~s 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 699504 ONTARIO LTD. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Brace Taylor, Clerk I~NCUMBRANCER -THE ROYAL BANK OF CANADA This Agreement shall have priority over and take preced, ence or. er 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 , this day of ,1990. SIGNED, SEALED & DELIVERED THE ROYAL BANK OF CANADA -11- 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (1) In this section, 'preservicing~ means the undertaking, prior to the registration of this Agreement, of any works or services required to be undertaken by the provisions of this Agreement, on the Lands or on any lands adjacent thereto, and "preservice, has a corresponding meaning. (2) The Owner m.ay undertake preservicing limited to e.a{'t, hworks (including preliminary grading, soil movement and storage) only w~th the prior writ. ten approval of the Town which may be issued by the Town's Legal Servaces Department only after the Owner has, (a) executed this Agreement; (b) 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 theprovis~on of corrected drawings, by the authorities referred to in section 20(3); and (d) submitted a Tree Preservation Program pursuant to section 33 which has been approved by the authority referred to in section 33(2). (3) The Owner may preservice this project 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) executed this Agreement; (b) supplied a satisfactory liability insurance policy pursuant to section 18; (c) supplied a satisfactory performance and maintenance security pursuant to section 19; (d) provided a Grading Control Plan submission pursuant to section 20 which has been approved, subject only to theprovis~on of corrected drawings, by the authorities referred to in section 20(3); and (e) submitted a Tree Preservation Program p.ursuant to section 3 which has been approved by the authority referred to in subsection 33(2). (4) Despite the provisions of subsections (2) and (3), preservicing limited to, (a) making soil quality and compaction tests, (b) surveying the boundaries of the Lands and of proposed lots, blocks and roads thereon, (c) marking existing and proposed grade elevations, (d) tests and examinations of the Lands necessary for the preparation of required pre-development studies, (e) compliance with an approved Tree Preservation Program; (f) lawful erection of permitted signs, or (g) any combination thereof, shall not require the prior written approval of the Town. (5) The Owner shall complete all works, services and requirements under this Agreement, (a) w/thin .one year of the date .o.f .registration' of this .Agreement if preserwcing (except preservicnng limited to that described in subsections (2) or (4), or both) has occurred with or without the Town's approval, or - 12- (b) within two years o.f that date if no preservicing (except preservicing limited to that described m subsections (2) or (4), or both) has occurred. (6) The .Own. er shall guarantee, all works, workmanship and materials employed or used m the construct/on, installation or completion of all works, services and requirements under this A~eement for a period of two years from the date that the works, services and requn'ements are approved/n writ/nE by the Town. 2. TEMPORARY TURNING CIRCLE (1) Notwithstanding the provisions of sections 11, 12 and 13 of this Agreement, the Owner shall const.mct, at its sole expense and to the Town's specifications, a temporary turning c~rcie at the north end of Westcreek Drive. (2) The Owner shall remove, at its sole expense an.d. to the Town's specifications, any temporary turning circle located immediately adjacent to the Lands on Westcreek Drive inPlan 40M-1508, and shall replace that circle with permanent services. (3) As the temporary turning circle referr.ed 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 construction of that turning circle, at his sole discretion, if that sequence does not warrant it. 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 46 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 46 units are to be constructed on the Lands pursuant to th~s Agreement, the amounts payable to the Town pursuant to sections 17, 27 and 30 shall be pro-rated accordingly by the Town without an amendment to this Agreement. 5. CONTRIBUTION TO OVERSIZED SERVICE COSTS The Owner shall, prior to the registration of this Agreement, pay to D. anlu Holdings Limited, Perdanco Holdings Ltd., and Inperdel Holdings Limited, collect~vely known as Altona West Developments, the sum of $21,142, 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. 6. CONTRIBUTION TO DOWNSTREAM SERVICE COSTS The Owner shall, imme.diately prior .to the registration of this Agreement, pay to the Town the. sum of $9,112 as its contribu.t~on 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. 7. CONSTRUCTION TRAFFIC ACCESS EASEMENT. (1) .Prior to the commencement of construction of an), works t.o be constructed on or m the Lands, the Owner shall obtain a minimum 9metre w~de construction traffic easement between Altona Road and the Lands and construct thereon a roadway for the purpose of permitting such traffic to use the easement. - 13 - (2) The Owner shall ensure that all construction traffic entering or leaving the lz~ds does so by means of the construction traff'lc access easement until Westcreek Driv.e .is extended northerly to an easterly extension of Pinegrove Avenue providing access to Altona Road. (3) The Owner shall maintain the construction traffic access easement to the Town's satisfaction until construction traffic is no longer required to use it. 14-