Loading...
HomeMy WebLinkAboutBy-law 3539/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 353~/90 Being a by-law to authorize the execution of a Subdivision Agreement between B.R~C Realty Ltd. and the Town providing for the development of part of Lot 28, Concesston 1, Pickering (Draft Plan 18T-89049). WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 28, Concession 1, Picketing, has been approved by the Commissioner of Planning of the Region of Durham, subject to several conditions, some of which require the entering into of a satisfactory subdivision agreement with r~e Corporation of the Town of Picketing 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 Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form attached hereto as Schedule A, between B.R.C. Realty Ltd. and The Corporation of the Town of Pickering respecting the development of that part of Lot 28, Concession 1, Pickering, within Draft Plan 18T-89049. BY-LAW read a first, second and third time and finally passed this~day of August, 1990. Bruce Taylo?, Clerk TOWN OF PICKERING APPROVED LEGAL DE~T. Schedule A THIS SUBDMSION AGREEMENT made this 8th day of August, 1990. BETWEEN: B.R.C. REALTy LTD, hereinafter called the "Owner" OF THE FIRST PART, - and o THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the 'Town" OF THE SECOND PART. WHEREAS the Owner proposes to subdivide part of Lot 28, Concession 1, in the Town of Pickering, in the Regional Municipali~ of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-89049; NOW THEREFORE, THIS AGREEMENT W1TNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. ~ The lands affected by th!s Asreement (the "Lands") are Lots 1 to 7, both inclusive, and Block 9, Plan 40M- , P~ckenng. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before Dece. mber 31, 1990, the Town may, at its option on one month's notice to the Owner, declare thru 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 regist, ered mail addressed to .the other Party at its principal place of busi.ness and shall be effective as of the second day unmediately following the date of the deposit thereof in the Post Office. 4. ~ (1) Whenever in this Agreement the word "Owner", or "Encumbrancer' a~d the ~Eronoun "it' is used, it shall be read and construed as 'Owner or Owners', ncumbrancer or Encumbrancers".and 'his", 'her' or "them', re.spectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedule A attached hereto shall form part of this Agreement. 5. ~ Time 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 iicence from any subsequent,purchaser, o.f the Lands, or any part thereof, to enter upon the Lands in order to comply witathe provisions of this Agreement. 8. QWNER'S GENERAL UNDERTAKIN/~ The Owner shall co. mplete at its own expense and in a good workmanlike, manner, for the Town, all the mumcipai 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 Engineer. as the Consulting. Engineer of the Owner to .carry out ail the necessary englneenng and to supennse generally the work reqmred to be done for the development of the plan of subdivision. (2) Such Consulting En. gineer, o.r .a~y successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. (l) The Owner shall construct a complete storm wat.e.r drainage and management system, including sto.rm connections to .the.street line and.catch basin leads, to service all the lands m thepl.a~, of subdi .v~. ion and .to provide capaciW for lands upstrea.m of the plan of subdivision, accordi.n_g to designs approved by the Director of Pubhc Works and according to the speaficati.ons 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 W.orks and shall be of sufficient Size and depth and at locations either vnthm or outside the lands affected hereby to service the plan of subdivision and the lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. (3) Should, in the opinion of the Director .of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivision, the Owner may be required to carry out such works as are necessary to provide an adequate outlet. (4) The Town may connect or au.thorize connection into any part of the system but such connect/on shall not constitute acceptance of the sewer system by the Town. (5) No connection under subsection 4, above, shall be undertaken or author/zed, prior to preliminary acceptance of the sewer system by the Town, except m 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 speci/ications to the full width, the proposed road allowances shown on the plan of subdivision. (2) Th.e Owner sh. all keep ail boulevards clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. 2 The Owner shal~, con.struct the roads shown on the pla~. of subdivision according to the Town's speoficat~ons for paved roads of the Town m effect at the date hereof. (2) Unt~ assumptio, n by the Town, the Owner shall maintain .and repair roads both within and outside the plan of subdivision where construcuon.has taken place or that are used by construction traffic entering the p. lan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of ail types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan that the maintenance of them has not .been assumed by the Town from the time that they are opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GLITTERS (1) The Owner shall construct curbs and gutt.e, rs o.n the roads to be constructed pursuant to section 12, 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 resjpect.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. SmEWALKS (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) adjacent to Lot 1 and Pan 4, Plan 40R-6030 on the west side of Aspen Road; (b) adjacent to Lots 2 and 3 on the east side of Aspen Road; (c) adjacent to Lots 4 and 5 and Block 9 on the west side of Pebble Court; and (d) adjacent to Lots 6 and 7 on the east side of Pebble Court. (2) Despite the provisions of subsection (1), where the occul~ancy of the first dwelling unit occurs in November or December of any year, the time 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 se~wice is to be provided to any lot or block in the plan, it shah be prowded undergrou.nd 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. · (1) The Owner shall install street lights, including poles and other necessa~ appurtenances, on each 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 de. signed and.installed in accordance w~th stand .ards established by the To_wn. and in conforrmty with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. (4) The ix}stallatio.n, of street lighting and its related.services, shall be under the superosion and mspecuon ofPickering Hydro-Electnc Commission. 17. (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $280 as an engineering drawing inspection fee. (2) All works required to be ~nstructed by the Owner, e. xcept those referred to in sections 15 and 16 shall be installed under the o. bservation of Inspecto. rs 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, hut.not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. 18. LIABILITY INSURANCE (1) - Before commencing.a.n.y..of the work provi.ded.for herein, .the Owner shall supply the Town with a Liability Insurance Policy in form saustactory to the Town, naming the Town as an insured and inde .mm'lying the Town .from any loss arising from claims for damages, inJury or othervase in connection w~th 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 prern~um or premiums and the Owner shall pay the cost of such renewal or renewals vnthin 30 days of the account therefor being rendered by the Town. (4) It shall be the responsibility of ~e C)~n.. er to notify the Town of the dates for the renew.a!, of the premium of it.he, smd policy and to supp!y proof .that the premium of the smd policy has been paid m 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 hereto, the .Oym..er shall supl~l~ the Town vath a 60% performance and maintenance security m a [o..r~ satisfactory to the Town and in an amount established by the Director of Public Works (the 'ori~nal 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 this Agreement; (c) guaranteeing the payment of any amount ~at the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) l~,uaranteeing all works, workmanship and materials for a period of 2 ye.ars from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, at any time after the first.50%, in value, of works have been constructed, installed or performed, and paid for, appl~v for a reduction in the securit~ and such application shall be made to the Town Treasurer. 4 (3) Upon written verification from the Director of Public Works t,hat ~e construction, installati.on or p~__rformance of the works for which reducuon ts being sought have been sausfactoriiy completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (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 aga~.t any holdback required.to be retained by the Town have exptred 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 l!ens that may be cinlmed agains..t any holdback required to be retmned 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 material.s, until the obligation to guarantee has e.x~ired, when the bal. ance of the se.cunty 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 Owe. er shall provide the Town, before commencing any of the work provided for he.rem and prior to ..the commencement of the development of the plan of subdiwsion, with a Grading Control PI.an prepared by the O.w.n.. er's Consulting Engineer, establishing the proposed grading .of the lands to prowde.for the proper drainage thereof and-the drainage of all adjacent lands which dram through the plan of subdivision. (2) The. Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specificati.ons in effect at the date of this Agreement, and shall not provide for the drmnage of surface, ru?off water onto Town-owned parkland, open space or walk-ways unles~ proviston ts 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 Commumty Services and Facilities, that surface mn-off water. The Grading Control Plan is subject to the approval of the Town's.Directors of Public Works and Community Services and Facilities. (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 t~ngmeer. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivisio.n by the Town, .the Owner shall correct them by retrading or by the construction of catch basm.~ swales or other structures as may ; necessary to correct such problems. 5 (6) Despite any time limit otherwise, applicable pursuant to section 1 of Schedule A, thc Owner shall sod the front, side and rear yards of each of the residential lots and bl.ocks except for paved, planted or treed areas, with~.'n the six months immediately foll6wing the occ~.pancy 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 Sune 30 in the following year. 21. INCOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the .O~n. er is not prosecuting or caus~g to be prosecuted the w. ork in connection wi~ ~ls Agreement within the .specified time, or in. order that it may be completed w~thm the specified ti.me, or is tmproperly .performing the work, or shall the Owner neglect or aband.on it before the completion, or un[.easonably delay the same so tha. t the co.nditions of this Agreement are being ,nolated or careless, ly executed, or m bad fa/th, or shall the Owner neglect or refuse to renew or nga~., perform such work as may be rejecte, d by the Director of Public Works as defective or -n.s~table, or shall the Owner m any other manner, in the opinion of the Director of Public Works, make default in ~e..rformance of.the terms of this Agreement, then in any .re. ch case,, the s.a/d vtrector of Public Works shall.l~rompfly notify the Ow~. er and his sure.ty, m wriUng of such default or neglect and ff such notification be wtthout effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full author/ty to purchase, such materials, tooL}, and ~achinep7 and to employ su. ch workmen as in his opm/on shall be requu'ed for .the proper completion o! 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 a~..d m~te. nal 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 tmposed by this paragraph is one of the comiderations, without which the Town would not have executed this Agreement. . 22. ~ .Thc Owner shall dedicate Aspen Road .and Pebble Court as public highways 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 ali encumbrances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the reghtratton thereof, all of, (a) Block 10 (Pebble Court reserve); and (b) Block ll (Aspen Road reserve). (2) Notw/thstanding the provisions of s.ubsect/on (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance ff 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 - EASEMI~NTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall, deem necessary for the provision of storm water drainage and management fac/lities both within the boundaries of the plan of subdiv/sion and across lands adjacent thereto but outside its boundaries. (2) Such e.asements shall .be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (I) shall not commence until the easement .has b.e.en acquired, unless permission to do so has been obtained by the Owner, tn writing, from the Town and from the registered owner of the lands across which the easement shall lie. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Pavin~ 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 Existin_~ Services Where the construction of services herein involves a continuation to existi.ng services, to join into t..he 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 public lands, other than in the actual construction of roads in the plan of subdivision without the written consent of the authority responsible for such lands. (ii) On re.quest, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub-clause (i). (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) CamlmaiamT~ Wherever poas~le, to ensure that eo.nstruction traffic senfing the development of this plan does. not use roads, in this plan. or adjacent plans, havi.ng occupied residential umts fronting thereon, but rather, enters the Lands directly from White's Road. (e) Oualitative or Ouantitative Tests The Director of .P~.blic Works may have qualitative or qu.an..titative tests made of any mat.chatS wh.ich have b. een 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 wtthm 30 days of the account being rendered by the Town. (f) Relocation of Services (i) To pay the coat of relocating any existing services and utilities caused.by the subdivision work within 30 days of the account for same being rendered by the Town. (ii) Similarly to pay the cost of moving any services or utilities installed under _t~.'s Agreemer/t .in driveways o.r so close, thereto, in the opinion of the DLrector of Public Works, as to interfere wtth the use of the driveway. (g) 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) ~ To provide and erect at its own cost, .to the specificatio .ns of the Town, t.emporary 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 si .g~s.. of such nature and at such locations as may be designated by the Director of Public Works. Prior to the f'mai acceptance of the subdivision, to supply the Town with the original drawings ofthe engineering works for the plan of subdivision, with amendments, if any, noted thereon. (k) Snow Plowin_~ & Salting of Roads (i) IL in the opinion of the Director of Public Works, the condition of the road surface is not acceptable for winter contro!, .to snow plow and salt such roads from such occupied buildings to ex~sting Town roads or to subdivision roads that receive the Town's winter control s~rvice, including alternate means of access where available. (ii) S.u. ch snow plowing and salting shall ..b~. done from time to ..time wh.en the D~rector of Public Works deems conditions warrant and until such tune as the roads are acceptable to the Director of Public Works for winter control. (I) 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 subdiv~si.on work, he has found or re-established all standard iron bars as shown on the registered plan, and survey monuments at all block comers, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. 26. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall he issued for any building or pan of a building in the subdivision until, (a) sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service; and Co) an..m, jahait base has been laid on the road .immedia.tely.in front of the building or part thereof and extended to an exasting maintained road. (2) No building or part of a building in the subdivision shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) Storm sewer, sanitary sewer and w~..te.r facilities are installed and in operation to adequately serve such braiding or pan thereof; (ii) Electric service is completed and in operation; and (iii) Such curbs, as in the. opinion of the Director of Public Works, are required to be completed prior to occup.ancY' have been constructed on the said road and extend to an existing maintained public road. . (4) The Owner sh~l 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, subnut to ~e Town's Director of Planning, for appr.ov, al, a re~.rt outlining siting and architectural.design objectives for the subdiwsion, which approval shall not be unreasonably vathbeld. (2) The report referred to in subsection (1) may be required, at the Director's option, to proved~ 'e the following information: house massing; streetscape; exterior materials and colours; architectural style; visual variety; . energy conservatl.on measu, res; and . any other data or reformation reasonably reqmred. (3) The Ow~.er shall, pri.'or to the issuance of any building pe .mlit for the construction of a resldentiai umt to be erected on the lands, subnmt to the Director, 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 ~o be erected and the location of all facilities and works assodated therewith; ~c/ the location of landscaping features, in¢l. 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 relauonship of buildings by blocks; and . any other data or information reasonably requtred. 28. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the smount of, $3,0~0 per unit if paid in 1990; or $3,2~0 per unit ff 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 with respect to such dwelling unit. (3) In any event, the Owner shall pay all levies payable und.er the provisions of this section in full no later than 12 months from the date of registration of the plan. (4) A letter from the Clerk of the Town .advising that the unit levy has been paid shall be deemed to be a release of this secuon for the lands referred to in the said letter. 29. FINANCIAL SECURITY The Owner shall, immediately pr. ior to the re~i~.tration of the plan, deposit with the Town, a security payable to the Town, in a form sat .~sfactory to the Town, for the sum of $26,000 as security for the payments referred to in section 28 hereof. 30. GENERAL PROVISIOIq~ - FINANCIAL MATI'ERS The Owner agrees with the Town: (a) T. ma 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) ~ Prior to the release of the plan for registra.tion, to prepay any outstanding local impr.ov.e,ment charges which are leviedagmnst any of the lands in the p~lan of subd~v~lon. 9 (C) Interest To pay interest at the rate of eighteen per cent (18 .~.) per annum to the Town on all sums of money payable here'm which are not paid on the due dates calculated from such due dates. (d) ~ To pay all registration costs incurred by the Town relating in any way to the registration or' the plan of subdivision or any other related doo!mentation, including transfers, in the Land Titles Office. (e) Upon applying for.final acceptance of the subdivision, to supply the Town with a Statutory Declaratton that all accounts for work and materials have been paid, except no .r~al guarantee holdbacks, and there are no .c. lmms for liens or otherwise in conn.ecuon with such work done or materi~ supplied.for or on. behalf of the Owner tn connection with the subdivision, or if such claims do mt, the Owner shall indemni~j the Town against all claims; actions or demands for liens or otherwise and all costs in cormection therewith. 31. EXPIRY 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 provid, ed as required, then the Town shall have the right to convert the expiring security l.nto cash and hold the cash in lieu of and for the same purposes as any further security. 32. PROVISION OF PARKLAND The Owner shall convey Block 8 (park).to the Town, free and c!ear of all encumbrances and at no cost to the Town, upon the reg!stration of. the plan or w~thin 30 days immediately following the registration of the plan, in full satisfacuon of the Owner's obligation to provide parkland. 33. (1) The Owner shall plant on road allowances within or adjacent to the plan, 8 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 pnor to the planting of any trees. (3) The trees, approv, ed by the Town shall .be planted by the Owner when the boulevard into which they are to be planted ts sodded. (4) If the density is t°o great to e .na. ble 8 trees to be planted, the Owne. r shall pay t.o the Town $175 for every tree which c.a~n, ot be pla?ted for tree planting in a public land area within the community in whtch the plan Is located. 34. TREE PRESERVATION (1) The Owner shall retain, at its own expe .ns~., a qualified eexpert to prepare a Tree Preservation Program indicating which existing: trees shall be preserved. (2) The Program shall be submitted to the. Directgr of Planning. for review and approval by the .Director of Commumty Servaces and Facilities, and, once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Prggram, the Director shall be governed by the Town Tree Preservation Policy in effect at the dat~ hereo£ 10 (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 in the plan, including the removal of any tree. (5) In the event that any tree required to be preserved by the approved Tree Preservation Pro,ram is removed or is, in the opinion of the Town's Director of Comm.uni.ty Servaces and Fa?.ilities, damaged to such an extent that its value or longevity is decreased or is. likely to be decreased, then the Owner shall .replace that tree with a tree of a height, diameter and 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) where 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 th.an a re.sldential building lot, the expiry of the guarantee period referred to m 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 B.R.C. REALTY LTD. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk 11 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (1) In this section, "pre.servic/ng" means the undertaking, prior to the registration of figs plan of su.b~i, lvision, of any works or serv/ces requ/red to be undertaken by the provlsio.ns of this Agreemen~ on the .Lands or on any lands adjacent thereto, and 'preserv~ce" has a corresponding meamng, (2) The .Owner m.ay und.e, rtake preservicing Umitcd to earthworks (inclu.ding prelirmnary grading, sod .m, ovement and. storage) only with the prior written approval of the Town which may be ~ssued by the Town's Legal Serv/ces 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 submissio.n pursuant to section 2.0 which has been ap~proved, subject only to the provision of corrected drawings, by the authorities referred to in section 20('3); and (d) submitted a Tree Preservation Program pursuant to section 34 which has been approved by the authority referred to in section (3) The Own.er may preservice this project only with the prior written approval of the Town which may be issued by the Town's Legal Set¥ices Department only after the Owner has, (a) executed this Agreement; (b) supplied a satisfaaory liability insurance policy pursuant to section 18; (c) suPl?lied a satisfactory performance and maintenance security pursuant to section 19; (d) provided a Grading Con. trol Plan submissio.n pursuant to section 2.0 which has been approved, subjec.t only .to the provision of corrected drawings, by the authon~tles referred to in section 20(3); and (e) submitted a Tree Preservati.on Program pursuant to section 34 which has been approved by the authonty 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 thereof, (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) within .on.e year of the date. ?f reBistration of the plan of subdivision if preserwang (except preserv~ang !/mired to that described in 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 preservicing limited to that descnbed m subsecuons (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 nil works, serwces and requirements under this Agreement for a peribd of two years from the date that the works, services and requirements 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 Aspen Road immediately south of Block 11 and on Pebble Court immediately south of Block 10. (2) The Owner shall remove, at its sol!', expense and to the Town's specifications, any immediately adjacent the plan on a public temporary turning circle located . to highway to be extended by the Owner into and shall the plan, rel~lace any such ct/cie with permanent services as ff the highway were a road in the plan. (3) As the temporary turning circles referred to in subsection (1) will be requ/red only ff the sequence of constructmn in this plan and. adjace.n.t plans warrants it, the Director of. Public Works may waive its construcuon, at his sole discretion, if that sequence does not warrant it. 3. DEMOLITION OF EXISTING BUILDINGS All buildings and structures, on the lands comprising the plan of subdivision shall be demolished by the Owner, at tts sole expense, prior to the issuance of any building permit. 4. CO-ORDINATED DEVELOPMENT - BLOCK 9 (1) The blocks set out in Colunm I of the following Table s. hnll be developed by the Owner only in conjunction with the lands described m Column II thereto to provide the number of units set out in Colunm ffl thereof: Item ~ ~ Column III 1. Block 9 Block 54, Plan 40M-1261 1 (2) The development of the lands described in the Table shall be governed by the provisions of this A/reement (3) The Owner shaH maintain Block 9 to the Town's satisfaction until it is developed. 5. DWELLING UNIT COUNT (1) In the event that more than 8 units (1 each on Lots 1 to 7; 1 on the lot formed by the consolidation of the lands described in Item 1 of the Table in secuon 4 of this Schedule) are to be constructed in this plan pursuant to this Agreement, ~ amendment to this Agreement shall be required. (2) In the event that less than 8 units.(as described in subsection 1)) are to be constructed in this plan pursuant to th~s Agreement, (a) the amounts payable to the Town pursuant to sections 17(1) and 32, and 13 (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. (1) Prior to the .commencemen.t of any construction, the Owner shall erect a 1.8 metre high galvamzed steel cbmn link fence to the satisfaction of the Director of Community Services and Facilities along the north and west boundaries of Block 8. (2) Prior to the commencement of any construction, the Owner shall erect a 1.5 metre green vinyl-coated chain link fence along the north boundary of Lot 1, except the easterly six metres thereof. (3) The fenci.'ng required to be constructed by the Owner pursuant to subsection (1) of this se.etlon shall be constructed so as to meet or exceed the requirements for swimming pool enclosu.res as set out in Part li of the Town's By-Law 425/76, as amended from time to time, or any successor thereto. 7. NOISE ATI'ENUATION MEASURES (1) In the development of thi.s plan, the Own.er shall implement the noise attenuation measures recommended m the engineering report dated , 1990, prepared by , Professional Engineers. (2) Upon the completion of the implementation of those measures, the Owner shall provide to the Town's Dir.ector of Planning a Certificate of Compliance from a Professional En~neer stating that those noise attenuation measures have been implemented in accordance with that report. (3) Prior to the registration of the plan, the Owner shall provide to the Town an irrevocable letter of credit issued by a chartered bank in Canada in a form satisfactory to the Town in the amount of $ , pursuant to which the Town m.a.y draw a~.y amount up to the full a~..ount thereof in the event that the Owner fails to proxade the Certificate of Comphance required under subsection (2) within three years of the registration of the plan. (4) The Owner shall keep the letter .of credit in good standing at all times and, should the Town draw upon it at any tune, the Owner shall forthwith increase the face value thereof by the amount of the draw. (5) Any draw upon the letter of credit made by the Town pursuant to subse.~.ion (3) shall be deemed to be a penalty for the breach by the Owner of its obligations hereunder and shall not absolve the Owner from complying with the provismns of this section. (6) Upon receipt of the Certificate of Compliance required under subsection (2), the Town shall return the letter of credit to the Owner, but under no circumstances shall any amount drawn upon it by the Town be returned or refunded to the Owner or to any other person. (7) The Owner shall indemnifY and save harmless the Town, (a)fr.o.m any loss, inconvenience or damage which may result from the Owner failing to comply with any provision of this section; and (b) against any. action or claim made against the ..Town by any person arls.ing out of the implementation or non-implementation ofthe no/se attenuation measures or out of the execution of this Agreement with this section in it. The amount of the letter of credit required by this section shall be .twice the Pr?fes. donal Engineer.,'s estimate of the cost of the implementation of the recommended norse attenuatton measures..Whil? the letter of credit must be posted for over three years, a one year letter will be accepted if it ts automatically renewed annually until the Town advises otherwis~ THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO, 3539/90 Being a by-law to authorize the execution of a Subdivision ~greement between B.R.C Realty Ltd. and the Town providing for the development of part of Lot 28, Concession I, Picketing (Draft Plan 18T-89049). WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 28, Concession 1, Pickering, has been approved by the Commissioner of Planning of the Region of Durham, subject to several conditions, some of which require the entering into of a satisfactory subdivision agreement with The Corporation of the Town of Picketing 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: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form attached hereto as Schedule A, between B.R.C. Realty Ltd. and The Corporation of the Town of Pickering respecting the development of that part of Lot 28, Concession 1, Picketing, within Draft Plan 18T-89049. fil BY-LAW read a first, second and third time and na ly passed this/8{h day of August, 1990. Bruce Taylog, Clerk TOWN CF PICKERING APPROVED LEGAL Schedule A THIS SUBDIVISION AGREEMENT made this 8th day of August, 1990. BETWEEN: B.R.C. REALTY LTD. hereinafter called the "Owner" OF THE FIRST PART, ~ and - THE CORPORATION OF THE TOWN OF PICKERINO hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Ownerproposes to subdivide part of Lot 28, Concession 1, in the Town of Pickering, in the Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-89049; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots 1 to 7, both inclusive, and Block 9, Plan 40M- , Pickering. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not r.egistered on or before December 31, 1990, the Town may, at its option on one month's noUce 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 regist, ered mail addressed to the other Party at its pnncipal 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 'hff 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. 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 subsequent purchaser, o.f the Lands, or any part thereof, to enter upon the Lands in order to comply withtbe prowstons of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall co.m. plete at. its own expense and in a good workm.a~?'ke manner, for the Town, ail the mumc~pal sennces as hereinafter set forth to the sattsfaction 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 Engineer as the Consulting Engineer of the Owner to .carry out ail 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 a.n¥ successor thereto, shall continue to be retained until the work provided for in thts Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (1) The Owner shall construct a co. mplete storm wat.e.r drainage and management system, including storm connecttons to the street line and catch basin leads, to service all the lands in thepl.a~, of subdi~sion and to provide capacity for lands upstream of the plan of subdivision, according to designs approved .by the Director of Public Works and according to the specifications of the Town tn 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 Wo. rks and shall be of sufficient size and depth and at locations either within or outstde the lands affected hereby to service the plan of subdivision and the lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. (3) Should, in the opinion of the Director .of Public Works, a.n. !ri.adequate stream or structure exist in the outlet system outstde the plan of subd~v~ston, 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 preliminar~ acceptance of the sewer system by the Town, except tn an emergency. 11. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the munic!pal services provided for herein, the Owner shall rough grade to the Town's spe~fications to the full width, the proposed road allowances shown on the plan of subdtvision. (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 12. (1) The Owner sha~. construct the roads shown on the pla~. of subdivision according to the Town's speofications for paved roads of the Town m effect at the date hereof. (2) Until assumption by the Town, the Owner shall maintain .and repair roads both within and outside the plan of subdivision where construct~.o.n.h, as taken place or that are used by construction traffic entering the plan of subdiws~on and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and m. aintain adequate signs to warn all persons using the roads in the plan that the maintenance.of them has not been assumed by the Town from the time that they are opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTrERS (1) The Owner shall construct curbs and gutters o.n the roads to be constructed pursuant to section 12, according to the speoficattons 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 res~pect.to a driveway, the Owner shall construct a curb depression in the correct locataon and fill in the original curb depression according to the specifications. 14. S~EWALKS (1) The Owner shall construct the following segments of sidewalk, in each case within six months immediately following the occupancy of the first dwelling unit to be occupied on any lot or block adjacent to that segment, despite the provisions of section 1 of Schedule A: (a) adjacent to Lot 1 and Part 4, Plan 40R-6030 on the west side of Aspen Road; (b) adjacent to Lots 2 and 3 on the east side of Aspen Road; (c) adjacent to Lots 4 and 5 and Block 9 on the west side of Pebble Court; and (d) adjacent to Lots 6 and 7 on the east side of Pebble Court. (2) Despite the ~rovisions of subsection (1), where the occul?ancy of the first dwelling unit occurs m November or December of any year, the tame 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. EL~E(~:TRICAL SERVICES Where electricity, cable television service, or telephone service is to be provided to any lot or block in the plan, it shall be provaded undergrou.nd and in accor~d, ance with the stand,ds and specifications of Picketing Hydro-Electric Commission, P~ckering Cable T.V. Limited or Bell Canada, as the case may be. 16. (1) The Owner shall install street lights, including poles and other necessary appurtenances, on each proposed street in the plan. (2) Electrical service for street lighting shall be provided underground and not aboveground. 3 (3) Street lighting and its related electrical service shall be designed and installed in accordance with standards established by the To_wn. and in conformity with the Association of Municipal Electrical Utilities Guide to Mumcipal Standard Construction. (4) The installatio.n, of street lighting and its related, services, shall be under the supervision and mspecuon of Pickering Hydro-Electric Connmssion. 17. IN_5_P_F,_CIIg. (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $280 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 o. bservation of Inspectors employed .by th.e Town and the Owner shall pay the costs recurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but,n.ot ne.cessarily be limited to, salaries and wages of Inspectors, testing fees and adnnmstratlon fees. 18. LIABILITY INSURANCE (1) - Before commencing any of the work provided for herein, .the Owner shall supply the Town with a Liability Insuranc.e Poli~ in form satisfactory to the To.wn, naming the Town as an insu. red and male .rarefying the Town .fi. om any loss arising from claims for damages, injury or other~ase in connection wroth 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 n.o.t paid, the Town, in order to prevent the lapse of such Liability Insurance Pohcy, may pay the renewal prermum or premiums and the Owner shall pay the cost of such renewal or renewals within 30 days of the account therefor being rendered by the Town. (4) It shall be the responsibility of th.e O~n.. er to notify the Town of the dates for the renewal of the premium of the. said pohcy and to supp!y 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 Owner shall supply the Town with a 60% performance and maintenance .security in a form satisfactory to the Town and in an amount established by the 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 this Agreement; (c) guaranteeing the payment of any amount t.bat th.e Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works .are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, at any time after the first.50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. 4 (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily c. ompleted and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (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 sh.all secure the guarantee of works, workmanship and materials, until the obligation to guarantee has e.xpired, when the b~ance of the.. se.curity 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 necessa~j assurance to effect the reduction. 20. DRAINAGE - SODDINQ (1) The Owner shall provide the Town, before commencing any of the work provided for he.rein and prior to the commencement of the development of the plan. of subdivision, with a Grading Control PI.an prepared by the C~.. er's Consulting Engineer, establishing the pro, posed grading .of the lands to provide for the proper drmna e thereof andthe drainage of all adjacent lands which drain through the plan o~subdivision. (2) The Grading Control Plan shall be prepared in acc.ordanco 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 catc.h basins to manage a.d. equately, in the opinion of the Town's Director of Commumty Services and Facilities, that surface run-off water. (3) The Grading Control Plan is subject to the al?p.r, oval of the Town's. Directors of Public Works and Community Services and Facilities. (4) The grading of.all lands shall be carried out by th.e Owner in accordance with the a..ppr, oved Grading Control Plan, under the supervision of the Owner's Consulting l~nglneer. (5) If, in the opinion of the Director of .Public Works, drain.ag.e.problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, .the Owner shall correct them by re-grading or by the construction of catch bas~ns, 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 bl.ocks except, for paved, planted or treed are.as.., within the six months lrnmedlately foliowmg the occupancy of the first dwellmg unit erected thereon, uniess suc. h oc.cul~ancy occurs in November or December of any year, in which case the tame limit for such sodding shall be extended to June 30 in the following year. 21. INCOIVlPLETED OR FAULTY WORK (1) H, in the opinion of the Director of Public Works, th.e .Ov. Lrn. er is not prosec, uting or causing to be prosecuted the work in connection vot.h ~s Agreement vothin the .specified time, or in. order that it may be completed w~thm the specified time, or is unproperly performing the work, or shall the Owner neglect or aban.don it before the completion, or unreasonably delay the same so tha. t the conditions of this Agrcement are being violated or carelessly executed, or m bad faith, or shall the Owner neglect or re~nse 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 of the Director of Pu.blic Works, make default in performance of the terms of this A~reement, then m any such case, the said Director of Public Works shall promptly notify, the Ow~. er and his surety in writing of such default or neglect and if such notification be vathout 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, tool.s and machinery and to employ such wo.rkmen 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 s. hall include a management fee of twenty per cent (20%) of the labour and mate?al 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 Ow?er 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 Aspen Road .and Pebble Court as public highways 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, (a) Block 10 (Pebble Court reserve); and (b) Block 11 (Aspen Road reserve). (2) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way .to the existence or maintenance of a public utility in operation as of the date of this Agreement. 24. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for.granting to the Town such easements as the Director of Public .Works or his designate s.h~l.deem necessary for the provision of storm water drm.na..ge and management facilities both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. 6 (2) Such easements 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 subsection (1) shall not commence until the easement .has b. een acquired, unless permission to do. so has been obtained by the Own.er, m writing, from the Town and from the registered owner of the lands across which the easement shall lie. 25. ~ENERAL 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 prov/ded, between the curb and the lot line. (b) Continuation of Existing Services Where the construct/on of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessa~, m a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any f/ii or debris on, nor to remove or permit to be. removed, any fill from any pub~.c la. ods, other than in the actual construction of roads m t..he plan of subdivision without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub-clanse (i). (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) fimm~mim:Xt~i~ Wherever possible, to ensure th.at co.nstruction tra.ff, ic serving the development of this plan does. not us.e roads, in this plan or adjacent plans, bari.nd occupied residential units fronting thereon, but rather, enters the Lands directly from White's Road. (e) Oualitative or Ouantitative Tests The Director of Public Works may have qualitative or quantitative tests made of any materiah wh!ch have b. een or are proposed to be used in the construction of any services .required by this Agreement, and the cost of such tests shall be paid by the Owner vathln 30 days of the account being rendered by the Town. (f) Relocation of Services ii) To pay the cost of relocating any existing services and utilities caused by the subdivision work within 30 days of the account for same being rendered by the Town. (ii) Similarly to pay the cost of moving any services or utilities installed under t_lM.'s Agreement .in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (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) .T..~ X~ ZLlll~.~ ~ To provide and erect at its own cost, to the specification, s of the Town, temporary signs of such nature and at such locations as may be designated by the Director of Public Works. 7 (0 To provide and erect at its own cost, t.o the specifications of the Town, permanent sig.m., of such nature and at such locations as may be designated by the Director of Public Works. Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivision, with amendments, if any, noted thereon. (k) Snow Plowin_~ & 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 such roads from such occupied buildings to existing Town roads or m subdivision roads that receive the Town's winter control service, including alternate means of access where available. (ii) S.u. ch snow plowing and salting shall done from time to time wh.en the D~rector of Public Works deems conditzons warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. (I) Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after th.e completion of the subdivision work, he has found or re-established all standard ~ron bars as shown on the registered plan, and survey monuments 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 BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until, (a) sewer and water facilities are avai!.able, 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 road .immedia.tely.in front of the building or part thereof and extended to an exxsting maintained road. (2) No .building or part o.f .a building in the subdivision shall be occupied except upon the zssuance of a mumapal 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 w. at.er facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric service is completed and in operation; and (iii) 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 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 land. s, submit to .file Town's Director of Planning, for appr.oval, a report outlining siting and architectural design objectives for the subdivision, which approval shall not be unreasonably withheld. 8 (2) The report referred to in subsection (1) may be required, at the Director's option, to prowd' 'e the following information: streetscape; exterior materials and colours; architectural style; visual variety; . ener~ conservatlo, n measu, res; and (g) any other data or mformat~on reasonably required. (3) The Ow~.er shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. (4) The plans and drawings referred to in subsection (3) may be required, at the Director's option, to provide the following information: (a) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; (b) the location of landscaping features, including trees to be preserved; (c) streetscape for front and rear elevation at a scale acceptable to the Director; I~)/streetscape to show all street furniture and vegetation; the relauonship of buildings by blocks; and any other data or information reasonably required. 28. 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 ff 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 oftbe issuance of such permit with respect to such dwelling unit. (3) In any event, the Owner shall pay all levies payable und.er the provisions of this section in full no later than 12 months from the date of registration of the plan. (4) A letter from the Clerk of the Town .advising that the unit levy has been paid shall be deemed to be a release of this secUon for the lands referred to in the said letter. 29. FINANCIAL SECURITY The Owner shall, immediately prior to the registration of the plan, deposit with the Town, a securi.ty payable to the Town, in a form satisfactory to the Town, for the sum of $26,000 as securtty for the payments referred to in section 28hereof. 30. GENERAL PROVISIONS - FINANCIAL MAT'FERS 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) ],~gL~l~Lgl~ .Prior to the release of the plan for .registra.tion, to prepay any outstanding local lmprgve.ment charges which are lewedagamst any of the lands in the plan of subdivision. 9 (c) Interest To pay interest at the rate of eighteen, per cent (18 .~.) per annum to the Town on all sums of money payable hereto which are not prod on the due dates calculated from such due dates. (d) To .pay .all registration costs incu.rr.ed, by the Town relating in any way to the registration ot the plan of su.b. diwslon or any other related documentation, including transfers, in the Land Titles Office. (e) Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and m. atenals have been paid, except normal guarantee holdbacks, and there are no .c. lmms for Hens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivision, or if such clalm~ do exist, the Owner shall in.demnify the T.own agah~, t all claims, actions or demands for liem or otherwise and all costs m connection therewith. 31. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agreement expire during the cu.rrency of the Agreem.ent, the Owner shall ~prov~de to the Town at least 30 days ~n 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 secu..r!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. 32. PROVISION OF PARKLAND The Owner shall convey Block 8 ~ark) to the Town, free and clear of all encumbrances and at no cost to the Town, upon tl~e registration of. the p. lan or within 30 days immediately following the registration of the plan, in full satisfaction of the Owner's obligation to provide parkland. 33. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 8 trees of a size and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. (3) The trees approved by the Town shall be planted by the Owner when the boulevard into which they are to be planted is sodded. (4) If the density is too great to enable 8 trees to be planted, the Owner shall pay to the Town $175 for every tree wh. ich c.a~n, ot be pl .a~ted for tree planting in a public land area within the community m which the plan ~s 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. Direct.or of Planning .for review and approval by the Director of Commumty Serwces and Faciliues, and, once approved, shall be implemented as approved only. (3) In determining whether or not to approve th.e Program, the Director shall be governed by the Town Tree Preservation Policy m effect at the date hereof. 10 (4) Until such time as the Program is approved, the Owner shall not cormnence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any tree. (5) In the e.vent that any tree required to be preserved by the approved Tree Preservauon Program is removed or is, in the opinion of the Town's Director of Community 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 with a tree of a height, d~ameter 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) where 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) where the lands upon which the tree is located comprise lands other than a residential building lot, the expiry of the guarantee period referred to in section 1 of Schedule A of this Agreement. IN 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 B.R.C. REALTY LTD. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk 11 1. TIME LIM1T FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (1) In this section, "preservicing" means the undertaking, prior to the registration of this pi.an of subdivision, of any works or services required to be undertaken by the ~prOVaSlons of this Agreement, on the Lands or on any lands adjacent thereto, and reservice" has a corresponding meaning. (2) The. Owner may undertake preservicing limited to earthworks (inclu.ding prehminary grading, soil movement and storage) only with the prior written approval of the Town which may be issued by the Town's Legal Services Department only after the Owner has, (a) 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 aj~proved, subject only to the provis[on of corrected drawings, by the authorities referred to in section 20(3); and (d) submitted a Tree Preservation Program p .ursuant. to section 34 which has been approved by the authority referred to m sectwn 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 sect/on 18; (c) supp. lied 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 the provision of corrected drawings, by the authorities referred to in section 20(3); and (e) submitted a Tree Preservatign 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 thereof, (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; (0 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 if presermdng (except preservicing !imited .to that described in subsections (2) or (4), or both) has occurred wath or without the Town's approval, or (b) wit.hin two years of that date if no preservicing (except preservicing limited to teat described in subsections (2) or (4), or both) has occurred. (6) The Owner shall guarantee all works, workmanship and materials employed or used. in the construction, installation or completion of all works, services and requirements under this Agreement for a period of two years from the date that the works, services and requirements are approved in writing by the Town. 2. TEMPORARY TURNING CIRCLES (1) Notwithstanding the provisions of sections 11, 12 and 13 of this Agr?ment, the Owner shall construct, at its sole expense and to the Town's specsfications, a temporary turning drcle on Aspen Road immediately south of Block 11 and on Pebble Court immediately south of Block 10. (2) The Owner sh~ remove, at its sole expense and to the Town's specifications, any temporary turumg circle located immediately adjacent to the plan on a public higl?ay..to be extended by the ..Ow~. er into the plan, and, sha~..l replace any such circle witl~ permanent sennces as ff the highway were a roau in me plan. (3) As the temporary turning circles r. eferred to in subsection (1) will be required only if.the sequence of construction m this plan and adjacent plans warrants it, the Director of Public Works may waive its construction, at his sole discretion, ff that sequence does not warrant it. 3. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands co .reprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 4. CO-ORDINATED DEVELOPMENT - BLOCK 9 (1) The blocks set out in Column .I of the following T..able s. hall be developed by the Own.er only in conjunct!on with the lands described m Column II thereto to prowde the number of umts set out in Column III thereof: Table Item Column I Column II Column II1 1. Block 9 Block 54, Plan 40M-1261 1 (2) The development of the lands described in the Table shall be governed by the provisions of this Agreement. (3) The Owner shall maintain Block 9 to the Town's satisfaction until it is developed. 5. DWELLING UNIT COUNT (1) In the event that more than 8 units .(.1 each on Lots 1 to 7; 1 on the lot formed by the consolidation of the lands described in Item 1 of the Table in section 4 of this Schedule) are to be constructed in this plan pursuant to this Agreemen~ an amendment to this Agreement shall be required. (2) In the event that less than 8 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 13 (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. 6. FENCING (1) Prior to the commencement of any construction, the Owner shall erect a 1.8 metre high galvanized steel chain link fence to the satisfaction of the Director of Community Services and Facilities along the north and west boundaries of Block 8. (2) Prior to the commenceme.nt of any construction, the Owner shall erect a 1.5 metre green vinyl-coated chain link fence along the north boundary of Lot 1, except the easterly s~x metres thereof. (3) The fencing required to be constructed by the Owner pursuant to subsection (1) of this section shall be constructed so as to meet or exceed the requirements for swinumng pool enclosures as set out in Part II of the Town's By-Law 425/76, as amended from time to time, or any successor thereto. 7. NOISE ATFENUATION MEASURES (1) In the development of this plan, the.Owner shall implement the noise attenuation measures recommended in the engineering report dated , 1990, prepared by , Professional Engineers. (2) Upon the completion of the implementation of those measures, the owner shall provide to the Town's Director of Planning a Certificate of Compliance from a Professional .Engineer stating that those noise attenuation measures have been implemented m accordance with that report. (3) Prior to the registration of the plan, the Owner shall provide to the Town an irrevocable letter of credit issued by a chartered bank in Canada in a form satisfactory to the Town in the amount of $ , p. ursuant to which the Town m.a.), draw any amount up to the full a~..ount thereof in the event that the owner fmls to provide the Certificate of Compliance required under subsection (2) within three years of the registration of the plan. (4) The Owner shall keep the letter of credit in good standing at all times and, should the Town draw upon it at any time, the Owner shall forthwith Increase the face value thereof by the amount of the draw. (5) Any draw upon the letter of credit made by the Town pursuant to subsection (3) shall be deemed to be a penalty for the breach by the Owner of its oblisations hereunder and shall not absolve the Owner from complying with the provistons of this section. (6) Upon receipt of the Certificate of Compliance required under subsection (2), the Town shall return the letter of credit to the owner, but under no circumstances shall any amount drawn upon it by the Town be returned or refunded to the Owner or to any other person. (7) The Owner shall indemnifY and save harmless the Town, (a)from any loss, inconvenience or damage which may result from the Owner failing to comply with any provision of this section; and (b) against any action or claim made against the Town by any person arising out of the implementation or non-implementation of the noise attenuation measures or out of the execution of this Agreement with this section in it. The amount of the letter of credit required by this section shall be twice the Professional Engineer's estimate of the cost of the implementation of the recommended noise attenuation measures. While the letter of credit must be posted, for over three years, a o. ne year letter will be accepted if it is automatically renewed annually until the Town advises otherwts~