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HomeMy WebLinkAboutBy-law 2053/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2053 /85 Being a by-law to authorize the execution of subdivision agreement between Shipstate Ltd. and The Corporation of the Town of Picketing re- specting part Lots 7 and 8, Concession 5, Picker- lng (Draft Plan 18T-84045) WHEREAS, Shipstate Ltd. proposes to subdivide and register a plan of subdivision of part of Lots 7 and 8, Concession 5, Picketing; and WHEREAS, that proposal has been approved by the Council of The Corporation of the Town of Picketing and the Commissioner of Planning for the Regional Municipality of Durham, subject to several conditions, one of which requires the entering into a of a satisfactory subdivision agreement between Shipstate Ltd. and The Corporation of the Town of Picketing; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a subdivision agreement, in the form attached hereto as Schedule A between Shipstate Ltd. and The Corporation of the Town of Picketing, respecting part Lots 7 and 8, Concession 5, Picketing (Draft Plan 18T-84043). BY-LAW read a first, second and third time and finally passed this 2nd day of July, 1985. John' E. And~l~s~on,'Mayor ~-." Bruce Taylor, Clerk THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2053 /85 Being a by-law to authorize the execution of subdivision agreement between Shipstate Ltd. and The Corporation of the Town of Pickering re- specting part Lots 7 and 8, Concession 5, Picker- ing (Draft Plan ]8T-84043) WHEREAS, Shipstate Ltd. proposes to subdivide and register a plan of subdivision of part of Lots 7 and 8, Concession 5, Picketing: and WHEREAS, that proposal has been approved by the Council of The Corporation of the Town of Picketing and the Commissioner of Planning for the Regional Municipality of Durham, subject to several conditions, one of which requires the entering into a of a satisfactory subdivision agreement between Shipstate Ltd. and The Corporation of the Town of Picketing; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a subdivision agreement, in the form attached hereto as Schedule A between Shipstate Ltd. and The Corporation of the Town of Picketing, respecting part Lots 7 and 8, Concession 5, Picketing (Draft Plan 18T-84043). BY-LAW read a first, second and third time and finally passed this 2nd day of July, 1985. ~ohn E. And~'~las~on, ~fayor ~ Bruce Taylor, CI~ TOWN OF LEGAL D£~ Schedule A to By-law 2053/85 THIS AGREEMENT made this 2nd day of July, 1985. BETWEEN: SHIPSTATE LTD. hereinafter called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - hereinafter called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part of Lots 7 and 8, Concession 5, in the'Town of Picketing in the Regional Municipality of Durham, and with the consent of the Encumbrancer, to register a plan of subdivision of those lands, as shown on a draft plan of subdivision prepared by Malone, Given, Parsons Ltd. and designated as Draft Plan Number 18T-84043; and WHEREAS, the Encumbrancer has certain rights or interests in the nature of encum- brances relating to the lands affected hereby; 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: PART 1 - PROPERTY DESCRIPTION 1. I,AND AFFECTED The lands affected by this Agreement are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham (formerly in the Township of Pickering in the County of Ontario) and Province of Ontario and being composed of Lots 1 to 18 and Blocks 19 to 43, Plan 40M- 2 PART 2 - GENERAL PROVISIONS CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31st, 1985, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, 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. INTERPRETATION (i) Whenever in this Agreement the word "Owner", or "Encumbrancer" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", "Encumbrancer or Encumbrancers" and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shall enure to the and be binding upon the Parties hereto, their successors and assigns. benefit of 8. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the afore- said lands, or any part thereof, to enter upon such lands in order to comply with the provisions of this Agreement. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town o£ Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. PART 3 - SERVICES 10. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out aII the necessary engineering and to supervise generally the work required to be done for the development of the subdi- vision. (z) 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. 11. STORM DRAINAGE (1) The Owner shall construct a complete storm drainage system to service all the lands in the plan of subdivision and road allowances adjacent to the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. Where required by the Director of Public Works, the system shall be constructed according to designs approved by him to an outlet or outlets of sufficient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the afore- mentioned ]ands outside the plan of subdivision, which in his opinion will require its or their use an a outlet or out]ets. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- sion, the Owner may be required to carry out such works as are neces- sary to provide an adequate outlet. (4) The Town may connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the drainage system by the Town. (5) No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the drainage system by the Town, except in an emergency. I2. INTERIOR ROAD CONSTRUCTION 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 shown on the plan of subdivi- sion. (2) 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. (3) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. (4) The Owner shall erect and maintain adequate signs to warn all persons using the road in the plan of subdivision that the maintenance of them 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. 4 PART 3 - SERVICES (Cont'd) 13. EXTERIOR ROAD CONSTRUCTION (]) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $60,000 for the reconstruction and improvement of Concession 5 Road between a point 290 metres east of its intersection with Greenburn Place and Westney Road. (2) Such reconstruction and improvement shall include but not necessarily be limited to, (a) road base improvements, (b) embankment improvements, (c) electricity distribution service relocation, (d) (e) ditch improvements, and surface treatment. (3) (a) Despite the provision of subsection (1), above, the Owner may, prior to the registration of the plan, elect to postpone its pay~ merit to the Town, subject to the terms and conditions of this section. (b) Such election shall be in writing and shall be accompanied by an irrevocable letter of credit, issued by a chartered bank in Canada, in the amount of $60,000, and in a form satisfactory to the Town. (c) Such letter of credit shall be for a term of one year, and shall be renewed no later than thirty days prior to the end of the year for a further term of one year, and so on, until the Owner complies with a demand of the Town under clause (d), below, or until the Town draws upon the letter of credit under clause (f), below; each time the letter of credit is renewed, the amount thereof shall be adjusted in accordance with any change in the Southam Construction Cost Index, Ontario Series, composite portion, since the date of issuance of the expiring letter of credit. (d) At any time after the commencement of the reconstruction and improvement, the Town, by written demand to the Owner, may require the Owner to pay to the Town, by cash or certified cheque, a sum equal to the amount of the letter of credit re- quired to be provided under clause (b), above, as renewed to the date of demand, and the Owner shall comply with such de- mand within thirty days of the date of demand. (e) The determination of the commencement of the reconstruction and improvement shall be the Town's exclusively. (f) In the event that, (a) the Owner fails to renew an expiring letter of credit in accordance with the provisions of clause (c), above; or (b) the Owner fails to comply with the demand of the Town in accordance with the provisions of clause (d), above, the Town may draw upon the expiring or existing letter of credit, in full, at its sole discretion. (g) In the event that, (a) the Owner complies with a demand of the Town in accor- dance with the provisions of clause (d), above, or PART 3 - SERVICES (Cont'd) (4) (5) (b) the Town draws upon an expiring or existing letter of credit in accordance with the provisions of clause (f), above, the Owner shall be deemed to have complied, in full, with the provisions of subsection (1), above, and the Owner shall be released of any obligations imposed upon it by subsection (1) and by this subsection. The Owner shall make ditch improvements on Sideline 8 Road adjacent to the plan of subdivision in accordance with the Town's specifications and directions. The Owner shall erect and maintain adequate signs to warn all persons using Sideline 8 Road that construction is underway; the text and location of those signs shall be subject to the approval of the Town's Director of Public Works. 14. CURBS The Owner shall construct rolled curbs on the road to be constructed pursuant to section 12, above, 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. 15. UNDERGROUND ELECTRIC DISTRIBUTION & STREET LIGHTING (1) (2) (3) (4) Underground electric distribution shall be provided for all residential lots and blocks within the plan of subdivision according to the standards and specifications of Picketing Hydro-Electric Commission. The Owner shall pay all costs of installation of street lighting, including poles and other necessary appurtenances for the lighting of Greenburn Place and boundary roads adjacent to the plan. The lighting shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Munici- pal Electrical Utilities Guide to Municipal Standard Construction. The installation of all works provided for in this section shall be con- structed under the supervision and inspection of Picketing Hydro-Electric Commission. 16. INSPECTIONS (1) Prior to the commencement of any construction in shall pay to the Town the sum of $1,050.00 as an inspection fee. the plan, the Owner engineering drawing (2) All works required to be constructed by the Owner, except those re- ferred to in section 15, above, 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), above, may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees, 6 PART 3 - SERVICES (Cont'd) 17. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, naming the Town as an insured and indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner in the plan of subdivision and elsewhere. (2) The amount of the Policy shall be $5,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewal or renewals within 30 days of the account therefor being rendered by the Town. (4) It shall be the responsibility of the Owner to notify the Town of t~e dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 18. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shal! supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 16 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (z) The Owner may, at any time after the first 50% in value of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) 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 PART 3 - SERVICES (Cont'd) (4) ( iii ) all liens that may be claimed against any holdback re- quired 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 ho]dback re- quired to be retained by the Town have expired or have been satisfied, discharged or provided for by paym~-nt into court; which seventeen per cent (17%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 19. DRAINAGE - SODDING (1) The Owner shall t~rovide 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, es.tablishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement and is subject to the approval of the Director of Public Works and the Metropolitan Toronto and Region Conservation Authority. (3) The grading of all lands shall be carried out by the Owner in accordance with the Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (4) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. (5) The Owner shall sod the front yards and seed the side and rear yards of each of the residential lots and blocks except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 8 PART 3 - SERVICES (Cont'd) 20. INCOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notifica- tion be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 21. DEDICATIONS The Owner shall dedicate Greenburn Place as public highway, upon the regis- tration of the final plan. 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 the plan or within the 30 days immediately following the registration of the plan, the follow- ing lands: (a) Block 45 (Sideline 8 Road reserve); and (b) Blocks 46, 47 and 48 (Concession 5 Road reserves). (2) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. PART 3 - SERVICES (Cont'd) 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 provision of storm sewer services both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (2) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1), above, 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. 24. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and the lot line. (b) Continuation of Existing Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, including Ontario Hydro 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 sub- clause (i), above. (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Road Maintenance during Construction Until assumption by the Town, to maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and to keep such roads clear of dust, refuse, rubbish or other litter of all types. (e) (~ualitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. 10 PART 3 - SERVICES (Conrad) Relocation of Services (i) (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. Similarly to pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. ( 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 Sisns (i) (j) To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. En~ineerin~ Drawings Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivi- sion, with amendments, if any, noted thereon. (k) Snow Plowing & Sandinl~ of Roads (1) (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 exist- ing Town roads or to subdivision roads that receive the Town's winter control service, including alternate means of access where available. (ii) Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. 11 PART 4 - CONSTRUCTION & OCCUPANCY OF BUILDINGS CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) 25. No building permit shall be issued for any building or part of a building in the subdivision until sewage disposal and water supply facilities are in the opinion of the Region of Durham Health Services Department capable of providing adequate service. (z) 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 sewage disposal and water supply facilities are installed and in operation to adequately serve such building or part thereof: (ii) Electric service is completed and in operation; (iii) An asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing main- tained public road; and (iv) Such curbs as in the opinion of the Director of Public Works are required to be completed prior to occupancy have been construct- ed on the said road and extended to an existing maintained public road. (4) (a) Should any building or part thereof in the plan of subdivision be occupied without the prior issuance of a municipal occupancy permit, then in that event, the Owner shall pay to the Town the sum of $1,750 for each building or part thereof so occupied as liquidated damages therefor. (b) The issuance by the Town of municipal occupancy permits for each and every building on any lot or block in the plan of subdi- vision shall be deemed to be a release from the provisions of this subsection with respect to that lot or block. (5) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the road is formally assumed by the Town. 26. TIME LIMIT FOR CONSTRUCTION (1) The Owner shall construct or cause to be constructed, in the plan. 30 housing units, all of which shall be completed within nine years of the date of registration of the plan. (z) In the event that more or less than 30 housing units are to be construct- ed in the plan, an amendment to this Agreement shall be required. 27. DESIGN PLANNING (1) The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the lands, submit to the Town's Director of Planning, for approval, site plans and architec- tural drawings for that unit, which approval shall not be unreasonably withheld. (z) These plans and drawings may be required, at the Director's option, to provide the following information: (i) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith: lZ PART 4 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (ii) (iii) (iv) (v) (vi) the location of landscaping features, including trees to be pre- served; 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 required. 13 PART 5 - FINANCIAL MATTERS 28. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy for each dwelling unit to be erected in the plan, each payment to be made when the building permit for the unit is issued. (2) The amount of each unit levy paid during the first three-year period following registration shall be $1,750; the amount of each unit levy paid during the second three-year period following registration shall be the amount of the Town's unit levy in effect on the first day of that .period or $1,750, whichever is greater; the amount of each unit levy paid during the third three-year period following registration shall be the amount of the Town's unit levy in effect on the first day of that period or $1,750, whichever is greater. (3) 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. (4) Payments of such levies shall be made to the Town from time to time as building permits are required. (5) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than nine years from the date of registration of the plan. (6) A letter from the Clerk of the Town advising that the unit levy has been paid shall be deemed to be a release of this section for the lands referred to in the said letter. FINANCIAL SECURITY The Owner shall, immediately prior to the registration of the plan, deposit with the Town, a security payable to the Town, in a form satisfactory to the Town, for the sum of $52,500 as security for: (a) the payments referred to in section 28 hereof; and (b) the payment of liquidated damages referred to in subsection (4) of section 25 hereof. 30. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the plan of subdivi- sion, as required by law from time to time. (b) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (c) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the Land Titles Office, 14 PART 5 - FINANCIAL MATTERS (d) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry dare-of that security, a further security to take effect upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 32. TERMINATION OF LEVY/OCCUPANCY SECURITY (l) The security required to be deposited with the Town pursuant to the provisions of section 29, above, may only be terminated or cancelled by the Owner after the Municipal Occupancy Permit for the last residential building or part thereof to be constructed in the plan has been issued by the Town. (2) Notwithstanding the provisions of subsection (1), the Owner may, from time to time, apply to the Town Treasurer for a reduction in the amount of the security referred to in subsection (1), as Municipal Occupancy Permits are issued. 15 PART 6 - PARKS & TREES 33. CASH IN LIEU OF PROVISION OF PARKLAND The Owner shall pay to the Town, prior to the registration of the plan, the sum of $11,025 in full satisfaction of the Owner's obligation to provide parkland. 34. FENCING (1) The Owner shall erect, upon the completion of final lot grading and seeding or sodding the adjacent lands in the subdivision, (a) a permanent fence of 9 gauge, galvanized steel link fencing, having 0.05 metre mesh, 1.8 metres high, along all boundaries of Block 44 except (i) that part of the boundary adjacent to Greenburn Plmce and (ii) that part of the easterly boundary between the southwest corner of Lot 17 and the southwest corner of Block 43; and (b) a permanent privacy wood fence on steel frame, 1.8 metres high, per Town Standard Drawing STD 209m, (i) along Blocks 46 and 47 from the southwest corner of Block 43 to a point opposite the southeast corner of the nearest dwelling to be erected on Block 42; (ii) along Block 48 from a point opposite the southwest corner of the nearest dwelling to be erected on Lot 1 to the southeast corner of Lot 1. (z) The fencing required to be constructed pursuant to subsection (1), above, shall be constructed so as to meet or except the requirements for swimming 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. 35. LANDSCAPE PLANNING (1) The Owner shall, prior to the issuance of building permits for any of the units to be erected on the lands, submit a landscaping plan for all of the lots and blocks on the plan to the Town for approval. (2) Upon approval by the Town of a landscaping plan, the Owner shall con- struct, install or plant the landscaping works, as the case may be, in conformance with the landscaping plan according to the time limits set out in Schedule A. 36. TREE PLANTING (1) The Owner shall plant on the road allowance within the plan, 30 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 no more than 6 months after final grading is done in the specified area. 16 PART 6 - PARKS & TREES (Cont'd) (4) If the density is too great to enable 30 trees to be planted, the Owner shall pay to the Town $70 for every tree which cannot be planted for tree planting in a public ]and area within the community in which the plan is located. 37. 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 his review and approval, and, once approved, shah be implemented as approved only. (3) In determining whether or not to approve the Program, the Director slTall be governed by the Town Tree Preservation Guidelines in effect at the date hereof. (4) Until such time as the Program is approved, the Owner shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. (5) In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the opinion of the Town's Director of Parks and Recreation, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall replace that tree with a tree of a height, diameter and spe- cies determined by the Director; such replacement sha]l be at no cost to the Town. (6) The Owner's liability under subsection (5), above, shall continue until, (a) where the lands upon which the tree is located comprise a res- idential building lot, twelve months after the completion of the sodding on the lot, or (b) where the lands upon which the tree is located comprise lands other than a residential building lot, the expiry of the guarantee period referred to in section 1 of Schedule A of this Agreement. 17 IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED SHIPSTATE LTD. THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk 18 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Save as herein otherwise provided, the Owner shall complete the works required under this Agreement within two years from the date of the registration of the plan of subdivision, and shall guarantee the workmanship and materials for a period of two years from the date that the said works are approved in writing by the Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. URBAN SERVICES WARNING The Owner shall insert the following clause in every Agreement of Purchase and Sale for each building lot: Full urban services such as walks, cable television, transit, garbage collection and other similar services may not be provided. IDENTIFICATION OF BUILDING LOTS The lands described in each Item of the following Table shall be developed in each case as a separate building lot upon each of which one dwelling may be erected. Table Item Lands Item Lands 1 Lot ] 16 Lot 16 2 Lot 2 17 Lot 17 3 Lot 3 18 Lot 18 4 Lot 4 19 Blocks 19, 20, 21 5 Lot 5 20 Blocks 22, 23 6 Lot 6 21 Blocks 24, 25 7 Lot 7 22 Blocks 26, 27 8 Lot g 23 Blocks 28, 2g 9 Lot 9 24 Blocks 30, 31 10 Lot 10 25 Blocks 32, 33 11 Lot 11 26 Blocks 34, 35 12 Lot 12 27 Blocks 36, 37 13 Lot 13 28 Blocks 38, 39 14 Lot 14 29 Blocks 40, 41 15 Lot 15 30 Blocks 42, 43 A-1 SCHEDULE B SPECIAL PROVISIONS REQUIRED BY OTHER AGENCIES The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by other agencies; these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any way to any of the other provisions of this Agreement. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") (1) The Owner shall carry out, or cause to be carried out, to the satisfaction of M.T.R.C.A., the recommendations referred to in the report required by Condition No. 10 of the draft approval of this plan dated April 30, 1985, by the Commissioner of Planning of the Regional Municipality of Durham. (2) The Owner shall not create any openings in buildings on Lots 17 and 18 and Blocks 22 to 43, inclusive, below an elevation of 141 metres. (3) Prior to the initiation of any grading or construction, the Owner shall erect a temporary snow fence or other suitable barrier along the surveyed floodline and 10 metres back from the maximum surface water elevation of the pond; this barrier shall remain in place until grading and con- struction are completed. (4) The Owner shall submit individual lot site and grading plans to M.T.R.C.A. for its review and approval for Lots 1 to Il prior to the issuance of building permits by the Town. (5) The Owner shall not place fill, grade, construct any buildings or struc- tures or interfere with the channel of the watercourse without prior written approval being given by M.T.R.C.A. REGION OF DURHAM HEALTH SERVICES DEPARTMENT The Owner shall obtain approval from the Department with respect to installation of and wells. Region of Durham Health Services sub-surface sewage disposal system B-1 ROAO OS'P ~ ER lb CO#CESSTiG# RO&D S Z! 211 All DIIdENSIONI SHOWN MI' IN METRES