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HomeMy WebLinkAboutBy-law 2371/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2371/87 Being a by-law to authorize the execution of two Subdivision Agreements respecting the devel- opment of Part Lot 17, Concession 1, Pickering (Draft Plan 18T-78043, as revised; Silwell/Berma) WHEREAS the proposal to subdivide a register a Plan of Subdivision of Part of Lot 17, Concession l, Picketing, has been approved by the Council of the Corporation of the Town of Picketing and the Regional Municipality of Durham, subject to several conditions, one of which requires the entering into of satisfactory Subdivision Agreements with 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 two Subdivision Agree- ments, one in the form attached hereto as Schedule A, and the other in the form attached hereto as Schedule B, respecting the development of that part of Lot 17, Concession 1, Picketing included in Draft Plan 18T-78043 (R) (Silwell / Berma). BY-LAW read a first, second and third time and finally passed this 2nd day of Feb- ruary, 1987. ~'iv~hn E. A~/cl~e~'oh~, Z4~[y6r Bruce ay or, er TOWN OF PICKERING APPROVED AS TO FOR SCHEDULE A THIS AGREEMENT made this day of , 1987. BETWEEN: SILWELL DEVELOPMENTS LIMITED and BERMA ESTATES LIMITED hereinafter collectively called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS, the Owner proposes to subdivide part of Lot 17, Concession 1, Pickering and part of Lots 10, ll, 12, 13, 14 and 15, Plan 469, in the Town of Pickering in the Reglona] 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-78043, as revised (north portion); 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 LAND AFFECTED The ]ands affected by this Agreement (the "Lands") are Lots 1 to inclusive, and Blocks 215 to 218, both inclusive, Plan 211, both PART 2 - GENERAL PROVISIONS CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 1987, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. 3. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shah be effective as of the second day immediately following the date of the deposit thereof in the Post Office. 4. 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 benefit of and be binding upon the Parties hereto, their successors and assigns. 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. PART 3 - SERVICES 8. 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 of Pickering, and shall complete, perform or make payment for such other matters as may be provided for herein. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the plan of subdivision. Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (1) The Owner shall construct a complete storm drainage system including storm connections to the street line and catch basin leads to service all the lands in the plan of subdivision and to provide capacity for lands up- stream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the aforementioned lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- sion, the Owner may be required to carry out such works as are neces- sary to provide an adequate outlet. (4) The Town may connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the sewer system by the Town. (s) No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS - ROUGH GRADE (i) Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdi- vision and that part of Notion Road adjacent to the plan of subdivision where, in the opinion of the Town's Director of Public Works, road base reconstruction is required. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 4 PART 3 - SERVICES (Cont'd) 12. ROADS - PAVED The Owner shall construct the roads shown on the plan of subdivision, and reconstruct that part of Notion Road adjacent to the plan where, in the opinion of the Town's Director of Public Works, reconstruction is required, according to the Town's specifications for paved roads of the Town in effect at the date hereof. (2) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. <3) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan and Notion Road adjacent to 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 & GUTTERS (i) The Owner shall construct curbs and gutters on the roads to be con- structed or reconstructed 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. (z) If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 14. SIDEWALKS AND BICYCLE PATHS (1) The Owner shall construct, in accordance with the time limits set out in section 1 of Schedule A, the following segments of sidewalk: (a) (b) (c) and bicycle path on the west side of Notion Road adjacent to Block 54; and bicycle path on the north side of Picketing Parkway adjacent to Blocks 59, 60 and 61; on the east side of Marshcourt Drive adjacent to Block 54. The Owner shall construct the following segments of sidewalk, in each case prior to the occupancy of any dwelling unit on any lot adjacent to that segment, despite the provisions of section 1 of Schedule A: (a) (b) (c) (d) on the west side of Marschcourt Drive adjacent to Lot 47; on the west side of Marshcourt Drive and on the north and east sides of Ashford Drive adjacent to Lots 48 to 53; on the west side of Beech]awn Drive and on the north and east sides of Larksmere Court adjacent to Lots 1 to 7; on the west side of Beechlaw Drive adjacent to Lot 23. (3) The Owner shall maintain each sidewalk segment until it is formally accepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Commission, Pickering Cable T.V. Limited or Bell Canada, as the case may be. 5 PART 3 - SERVICES (Cont'd) (h) on the north side of Bainbridge Drive and on the west side of Burnside Drive adjacent to Lots 1 and 2; (i) on the south side of Bainbridge Drive and the west side of Marshcourt Drive adjacent to Lots 4 to 9, Block 212 and Lots 10 to 16; (j) on the sout side of Bainbridge Drive adjacent to Lots 132 to 137; (k) on the south side of Bainbridge Drive adjacent to Lots 206 to 211; (1) on the north side of Banbury Court, the west side of Fairfield Crescent and the south side of Bainbridge Drive adjacent to Lots 198 to 205; (m) on the east and south sides of Fairfield Crescent adjacent to Lots 158 to 182; (n) on the south and west sides of Fairfield Crescent adjacent to Block 214 and Lots 183 to 189; (o) on the west and north sides of Beechlawn Drive adjacent to Block 214 and Lots 92 to 105; (p) on the east side of Ashford Drive adjacent to Lots 81 to 84. (3) The Owner shall maintain each sidewalk segment until it is formally accepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Commission, Pickering Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (1) The Owner shall install street lights, including poles and other necessary appurtenances, on each proposed street and walkway in the plan and shall upgrade the street lighing adjacent to the plan on Notion Road. (2) Electrical service for street lighting shall be provided underground and not aboveground. (3) Street lighting and its related electrical service shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. (4) The installation of street lighting and its related services shall be under the supervision and inspection of Pickering Hydro-Electric Commission. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $7,385 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. PART 3 - SERVICES (Cont'd} (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 18. LIABILITY INSURANCE (i) 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 'co notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 19. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, at any time after the first 50%, in value, of works have been constructed, 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; PART 3 - SERVICES (Cont'd) (4) (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; 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 pay- ment into court; which seventeen per cent (17%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 20. DRAINAGE - SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (z) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agree- ment, and shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suit- able swales and catch basins to manage adequately, in the opinion of the Town's Director of Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation and the Metropolitan Toronto and Region Conservation Authority. (4) The grading of all lands shall be carried out by the Owner in accordance with the approved Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. PART 3 - SERVICES (Cont'd) (6) The Owner shall sod the front, side and rear yards of each of the res- idential lots and blocks except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 21. INCOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public 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. (2) In cases of emergency, in the opinion of the such work may be done without prior notice forthwith notified. Director of Public Works, but the Owner shall be (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. 22. DEDICATIONS The Owner shall dedicate Ashford Drive, Bainbridge Drive, Banbury Court, Beechlawn Drive, Burnside Drive, Fairfield Crescent and Marshcourt Drive, as public highways upon the registration of the plan. 23. TRANSFERS - CONVEYANCES (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration thereof, all of, (a) (b) (c) (d) (e) (f) (g) Block 212 (walkway); Block 219 (Bainbridge Drive reserve); Block 220 (Burnside Drive reserve); Block 221 (Southview Drive reserve); Blocks 222 and 223 (Marshcourt Drive reserves); Block 224 (Ashford Drive reserve); Block 225 (Beechlawn Drive reserve). (2) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance if PART 3 - SERVICES (Cont'd) 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 (i) 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) shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and the lot line. (b) Continuation of Existing Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any ill] 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 request, 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) Construction Traffic Wherever possible, to ensure that construction traffic serving the devel- opment of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. 10 PART 3 - SERVICES (Cont'd) (f) 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 Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (i) 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. (j) Engineering 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 & Sanding 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) 27. No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (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 water facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric service is completed and in operation; (iii) An asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing 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 con- structed 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. 28. HOUSING UNITS In the event that more or less than 211 housing units are to be constructed in the plan, an amendment to this Agreement shall be required. 29. DESIGN PLANNING (i) (a) (b) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architectural design objectives for the subdivision, which approval shall not be unreasonably withheld. This report may be required, at the Director's option, to provide the following information: (i) (ii) (iii) (iv) (v) (vi) (vii) house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and any other data or information required. 12 PART 4 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (2) (a) (b) The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. 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 t her ewith; (ii) the location of landscaping features, including trees to be preserved; (iii) streetscape for front and rear elevation at a scale accept- able to the Director; (iv) streetscape to show all street furniture and vegetation; (v) the relationship of buildings by blocks; and (vi) any other data or information required. 13 PART 5 - FINANCIAL MATTERS 30. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $2,000 per unit 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) 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) Payments of such levies shall be made to the Town from time to time as building permits are required. (4) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than 18 months from the date of registration of the plan. (5) 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. 31. 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 $422,000 as security for the payments referred to in section 30 hereof. 32. 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) Local Improvements Prior to the release of the plan for registration, to prepay any outstand- ing local improvement charges which are levied against any of the ]ands in the plan of subdivision. (c) 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. (d) 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. (e) 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 ho]dbacks, 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 14 PART § - FINANCIAL MATTERS against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 33. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 15 PART 6- PARKS & TREES 34. PROVISION OF PARKLAND Within 30 days of the date of registration of the plan, the Owner shall convey to the Town at no cost to the Town, and free and clear of all encumbrancers, all of Blocks 213 and 214, in satisfaction of the Owner's obligation to provide parkland. (z) The Town acknowledges that in making that conveyance, the Owner is conveying 0.1416 hectares of land in excess of the Town's requirements for this plan and that the Owner shall therefore have a credit in that amount for use in satisfaction of any other parkland requirement it may be subject to. 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 on the plan to the Town for approval. (z) 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 road allowances within or adjacent to the plan, 211 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 211 trees to be planted, the Owner shall pay to the Town $100 for every tree which cannot be planted for tree planting in a public land area within the community in which the plan is located. 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 review and approval, and, once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Program, the Director shall be governed by the Town Tree Preservation Policy in effect at the date hereof. (4) Until such time as the Program is approved, the Owner shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. (5) In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the opinion of the Town's Director of Parks and Recreation, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the 16 PART 6 - PARKS & TREES Owner shall replace that tree with a tree of a height, diameter and spe- cies 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 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. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED SILWELL DEVELOPMENTS LIMITED BERMA ESTATES LIMITED THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk 17 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of section 14 of this Agreement and of section 7 of this Schedule, 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. TEMPORARY TURNING CIRCLES (i) Notwithstanding the provisions of sections 11, 12 and 13 of this Agree- ment, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on , (a) Ashford Drive, immediately north of Block 224; (b) Bainbridge Drive, immediately east of Block 219; (c) Beechlawn Drive, immediately north of Block 225; (d) Burnside Drive, immediately south of Block 220; and (e) Marshcourt Drive, immediately south of Block 222 and immediately north of Block 223. (2) The Owner shall remove, at its sole expense and to the Town's specifica- tions, any temporary turning circle located immediately adjacent to the plan on a public highway to be extended by the Owner into the plan, and shall replace any such circle with permanent services as if the highway were a road in the plan. (3) As the temporary turning circles referred to in subsection (1) will be required only if the sequence of construction in this plan and adjacent plans warrants it, the Director of Public Works may waive the con- struction of any turning circle, at his sole discretion, if that sequence does not warrant it. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. FUTURE DEVELOPMENT BLOCKS - BLOCKS 217 and 218 (1) Blocks 217 and 218 shall be reserved by the Owner for future residential development alone or in conjunction with the lands abutting them and shall be maintained to the Town's satisfaction by the Owner until devel- oped. (z) In the event that Block 215 is developed for non-industrial purposes, either or both of Blocks 217 and 218 may be required by the Town to be developed by the Owner to provide access to Block 215. (3) In the event that either or both of Blocks 217 and 218 are to be commit- ted to residential development, an amendment to this Agreement shall be required. A-1 SCHEDULE A (Cont'd) 5. PROVISION FOR TEMPORARY PUBLIC ACCESS - BLOCKS 216 AND 215 (1) (2) (3) (4) (5) The Owner shall, at its expense, prepare, obtain the approval of the Town's Director of Public Works to, and register a reference plan over Block 216 and the southerly 12 metres of Block 215, which reference plan shall have sufficient parts to show, (a) a 0.3 metre reserve along the southerly boundary of Block 216 and Block 215; (b) a 0.3 metre reserve along the northerly boundary of Block 216 and extending easterly across Block 215; and (c) the balance of Block 216 and that part of Block 215 between the all of which shall extend from Marshcourt Drive to Notion Road. The Owner at no cost referred to reserves in from Notion shall convey to the Town, free and clear of all encumbrances, to the Town, upon the registration of the reference plan in subsection (1), the reserves and the lands between such order to provide for vehicular and pedestrian access to and Road. The Owner shall construct a public road access and install street lighting to the Town's satisfaction along Block 216 and Block 215 as if it were a road on the plan of subdivision and the provisions of sections 8, 9, 11, 12, 13, 16 and 19 and section 1 of Schedule "A" shall apply mutatis mutandis. Upon the completion of the construction and installation referred to in subsection (3), above, the Town may dedicate the lands between the reserves as public highway, subject to the approval of the Minister of Municipal Affairs. In the event that an alternate public highway access to Notion Road becomes available via Marshcourt Drive and Pickering Parkway, the Town shall close as public highway the lands dedicated by it pursuant to sub- section (4), above, and convey same to the Owner together with the reserves at a nominal price. INDUSTRIAL BLOCK - BLOCK 215 No development or re-development of all or any part of Block 215, except under Section 5 of this Schedule, shall be undertaken until such time as a Site Plan/Development Agreement respecting the Block or part thereof has been entered into and such Agreement registered on title and complied with. FENCING (1) Prior to the commencement of development of the plan, the Owner shall erect a temporary fence along the northerly and easterly boundaries of Blocks 213 and 214, and prior to the occupancy of any dwelling unit on any of Lots 92, 182, 183, 184, 185, 190, 191, 192, 193 or 194, the Owner shall erect a permanent galvanized chain link fence 1.8 metres high, having 0.05 metre 9 gauge mesh, along the boundaries of Blocks 213 and 214 adjacent to those lots. A-2 SCHEDULE A (Cont'd) (2) (3) (4) Prior to the occupancy of any dwelling unit on any of Lots 2, 3, 5, 6, 7, 8 and 9, the Owner shall erect a permanent galvanized chain link fence 1.8 metres high, having 0.05 metre mesh, along the northerly boundaries of those lots and of Block 220. The Owner shall erect, prior to the occupancy of any dwelling unit on any of Lots 43 to 75, a permanent 1.8 metre high wood privacy fence along the westerly boundary of Block 215. The permanent fencing required to be constructed pursuant to sub- sections (1), (2) and (3), above, shall be constructed so as to meet or exceed 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. TEMPORARY EMERGENCY ACCESS The Owner shall provide, to the satisfaction of the Director of Public Works, a temporary emergency access to Notion Road through Blocks 215 and 2]8 and shall maintain it, to the Director's satisfaction, until an access to the plan is provided from Kingston Road via Bainbridge Drive. WALKWAY TREATMENT (1) The Owner shall, at its expense, construct a concrete walkway according to the Town's specifications, along Block Z12 and Southview Drive from the sidewalk to be constructed on Bainbridge Drive to the southerly edge of the shoulder of the roadway on Southview Drive and shall install, at the same time, vehicle harriers at each end thereof, all o{ which the Owner shall maintain until formally accepted by the Town. (z) Prior to the occupancy of any new dwelling unit on an adiacent lot, the Owner shall erect a permanent fence of nine gauge galvanized steel link fencing, having 0.05 metre mesh, 1.8 metres high, along each side of each walkway referred to in subsection (1). SCtlEDULE "B" 1. SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF HOUSING The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by The Corporation of the Town of Ajax or by the conditions of draft approval, dated March 15, ]985, as amended December 11, 1985, of Draft Plan 18T-78043 (Revised) by the Minister of Municipal Affairs and these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any way to any of the other provisions of this Agreement. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") ENGINEERING & DRAINAGE REPORT The Owner shall, (a) prior to the commencing of any on-site grading or the final registration of the plan, or any phase thereof, undertake a detailed Engineering and Drainage Report, acceptable to M.T.R.C.A. and the Ministry of Natural Resources describing, (i) the storm water management techniques which will be employed to minimize the amount of water directed into the Duffin Creek; (ii) the development and construction techniques and safeguards which will be used to control and minimize the effects of erosion and siltation on the site prior to, during and after the con- struction period; and (iii) the flood damage reduction techniques to be employed on the site; and (b) carry out, or cause to be carried out, the recommendations referred to in the Report required in clause (a) to the satisfaction of M.T.R.C.A. and the Ministry of Natural Resources. MINISTRY OF THE ENVIRONMENT ("M.O.E.") - NOISE ATTENUATION (1) The Owner shall, prior to final approval of the plan, (a) prepare a noise report providing for intended noise attenuation measures to the satisfaction of M.O.E.; and (b) consult with M.O.E. about noise affecting the site and the pro- vision of noise attenuation measures. The Owner shall undertaken any necessary noise attenuation measures to the satisfaction of M.O.Eo (3) The Owner shall include, in the event that a slight noise level excess will remain, despite the implementation of the noise control features, the following warning clause in all subsequent agreements of purchase and sale: "Purchasers are advised that despite the inclusion of noise control fea- tures with the individual building units, noise levels may continue to be of concern occasionally interfering with some activities of the dwelling occupants" . B-1 SCHEDULE "B" 4. DURHAM BOARD OF EDUCATION The Owner shall inform all prospective buyers in the Agreements of purchase and sale, that their children may be to be transported to existing schools in the area. 5. THE CORPORATION OF THE TOWN OF AJAX The Owner shall insert a clause into the agreements of purchase and sale indicating that the purchaser acknowledged that the lands to the east of Notion Road in the Town of Ajax are zoned as "Heavy Industrial" and may present a nuisance with respect to noise, odour or traffic considerations. B-2 SCHEDULE B THIS AGREEMENT made this day of , 1987. BETWEEN : SILWELL DEVELOPMENTS LIMITED and BERMA ESTATES LIMITED hereinafter collectively called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS, the Owner proposes to subdivide part of Lot 17, Concession 1, in the Town of Picketing in the Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-78043, as revised (south portion); 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 LAND AFFECTED The lands affected by this Agreement (the inclusive, and Block 54, Plan 40M- "Lan ds" ) are Lots 1 to 53, both PART 2 - GENERAL PROVISIONS 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 1987, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. 3. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. 4. INTERPRETATION (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 benefit of and be binding upon the Parties hereto, their successors and assigns, LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. 3 PART 3 - SERVICES 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. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the plan of subdivision. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (1) The Owner shall construct a complete storm drainage system including storm connections to the street line and catch basin leads to service all the lands in the plan of subdivision and to provide capacity for lands up- stream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (z) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the aforementioned lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- sion, the Owner may be required to carry out such works as are neces- sary to provide an adequate outlet. (4) The Town may connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the sewer system by the Town. (5) No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS - ROUGH GRADE Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdi- vision and that part of Notion Road adjacent to the plan of subdivision where, in the opinion of the Town's Director of Public Works, road base reconstruction is required. (z) 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 PART 3 - SERVICES (Cont'd) 12. ROADS - PAVED (1) The Owner shall construct the roads shown on the plan of subdivision, and reconstruct that part of Notion Road adjacent to the plan where, in the opinion of the Town's Director of Public Works, reconstruction is required, according to the Town's specifications for paved roads of the Town in effect at the date hereof. (2) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan and Notion Road adjacent to 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 & GUTTERS The Owner shall construct curbs and gutters on the roads to be con- structed or reconstructed 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 respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 14. SIDEWALKS AND BICYCLE PATHS (1) The Owner shall construct the following segments of sidewalk and bicycle path in accoreance with the time limits set out in section 1 of Schedule A: (a) on the west side of Notion Road adjacent to Block 54; (b) on the north side of Pickering Parkway adjacent to Blocks 59, 60 and 61; on the east side of Marshcourt Drive adjacent to Block 54. (c) (2) The Owner shall construct the following segments of sidewalk, in each case prior to the occupancy of any dwelling unit on any lot adjacent to that segment, despite the provisions of section 1 of Schedule A: (a) (b) (c) (d) on the west side of Marschcourt Drive adjacent to Lot 47; on the west side of Marshcourt Drive and on the north and east sides of Ashford Drive adjacent to Lots 48 to 53; on the west side of Beechlawn Drive and on the north and east sides of Larksmere Court adjacent to Lots 1 to 7; on the west side of Beechlaw Drive adjacent to Lot 23. (3) The Owner shall maintain each sidewalk segment until it is formally accepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accordance with the standards and specifications of Pickering Hydro-Electric Commission, Picketing Cable T.V. Limited or Bell Canada, as the case may be, 5 PART $ - SERVICES (Cont'd) 16. STREET LIGHTING (1) The Owner shall install street lights, including poles and other necessary appurtenances, on each proposed street and walkway in the plan and shall upgrade the street lighing adjacent to the plan on Notion Road. (2) Electrical service for street lighting shall be provided underground and not aboveground. (3) Street lighting and its related electrical service shall installed in accordance with standards established by conformity with the Association of Municipal Electrical Municipal Standard Construction. be designed and the Town and in Utilities Guide to (4) The installation of street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $1,855 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16 shall be installed under the observation of Inspectors employed by the Town and the Owner sha]] pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 18. 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 the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 19. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, 6 PART 3 - SERVICES (Cont'd) (3) (4) (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 17 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. 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. 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 (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; 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 pay- ment into court; which seventeen per cent (17%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. 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. 7 PART 3 - SERVICES (Cont'd) 20. DRAINAGE - SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (z) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agree- ment, and shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suit- able swales and catch basins to manage adequately, in the opinion of the Town's Director of Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation and the Metropolitan Toronto and Region Conservation Authority. (4) The grading of all lands shall be carried out by the Owner in accordance with the approved Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. (6) The Owner shall sod the front, side and rear yards of each of the res- idential lots and blocks except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 21. INCOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public 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. (2) In cases of emergency, in the opinion of the such work may be done without prior notice forthwith notified. Director of Public Works, but the Owner shall be (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. 8 PART 3 - SERVICES (Cont'd) (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Ashford Drive, Beechlawn Drive, Larksmere Court, Marshcourt Drive and Picketing Parkway as public highways upon the registration of the plan, 23. TRANSFERS - CONVEYANCES (I) 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) (b) (c) (d) (e) Block 55 (Marshcourt Drive reserve); Block 56 (Ashford Drive reserve); Block 57 (Beechlawn Drive reserve); Block 5g (Larksmere Court reserve); Blocks 59, 60, 61 and 62 (Picketing Parkway reserves). (2) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. 24. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm sewer services both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (z) 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) shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and the lot line. 9 PART 3 - SERVICES (Cont'd) (b) Continuation of Existin~ Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill ~ Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, other than in the actual construction of 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). (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Construction Traffic Wherever possible, to ensure that construction traffic serving the devel- opment of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) Qualitative or Quantitative Tests (f) The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. Relocation of Services (i) (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 under this Agreement to the specifications of the date hereof. (h) Temporary Signs required to be done Town in effect at the (i) 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. 10 PART 3 - SERVICES (Cont'd) Engineering 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 Plowin$ & Sanding of Roads (1) 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 (I) 27. No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (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 water facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric service is completed and in operation; (iii) An asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing 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 coD- structed 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. 28. HOUSING UNITS In the event that more or less than 53 housing units are to be constructed in the plan, an amendment to this Agreement shall be required. 29. DESIGN PLANNING (1) (a) (b) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architectural design objectives for the subdivision, which approval shall not be unreasonably withheld. This report may be required, the following information: (i) (ii) (iii) (iv) (v) (vi) (vii) at the Director's option, to provide house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and any other data or information required. 12 PART 4 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (2) (a) (b) The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. 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; the location of landscaping features, including trees to be preserved; (iii) streetscape for front and rear elevation at a scale accept- able to the Director; (iv) streetscape to show all street furniture and vegetation; (v) the relationship of buildings by blocks; and (vi) any other data or information required. 13 PART 5 - FINANCIAL MATTERS 30. FINANCIAL PAYMENTS (i) The Owner shall pay to the Town a unit levy in the amount of $2,000 per unit 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) 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) Payments of such levies shall be made to the Town from time to time as building permits are required. (4) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than 18 months from the date of registration of the plan. (5) 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. 31. 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 $106,000 as security for the payments referred to in section 30 hereof. 32. 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) Local Improvements Prior to the release of the plan for registration, to prepay any outstand- ing local improvement charges which are levied against any of the lands in the plan of subdivision. (c) 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. (d) 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. (e) 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 14 PART 5 - FINANCIAL MATTERS against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 33. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 15 PART 6 - PARKS & TREES 34. PROVISION OF PARKLAND (1) (2) (3) The Town acknowledges that in making the parkland conveyance in Plan 40M- , the Owner is conveying 0.1416 hectares of land in excess of the Town's requirements for that plan and that the Owner therefore has a credit in that amount for use in satisfaction of any other parkland requirement it may be subject to. The Town accepts the 0.1416 hectare parkland requirement credit in partial satisfaction of the Owner's obligation to provide parkland for this plan. Prior to the registration of this plan, the Owner shall pay to the Town the sum of $30,000, which, together with the acceptance of the credit referred to in subsection (2), will fully satisfy the Owner's obligation to provide parkland for this plan. 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 on the plan to the Town for approval. 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 road allowances within or adjacent to the plan, 55 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 53 trees to be planted, the Owner shall pay to the Town $i00 for every tree which cannot be planted for tree planting in a public land 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 review and approval, and, once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Program, the Director shall be governed by the Town Tree Preservation Policy in effect at the date hereof. (4) Until such time as the Program is approved, the Owner shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. (5) In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the opinion of the Town's Director of Parks and Recreation, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the 16 PART 6 - PARKS & TREES Owner shall replace that tree with a tree of a height, diameter and spe- cies determined by the Director; such replacement shall be at no cost to the Town. (6) The Owner's liabi]ity under subsection (5) shall continue until, 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. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED SILWELL DEVELOPMENTS LIMITED BERMA ESTATES LIMITED THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk 17 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of section 14 of this agreement and of section 5 of this Schedule, the Owner shall complete the works required un der this Agreement within two years from the dste 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 Plannlng, as the case may be. TEMPORARY TURNING CIRCLES fi) Notwithstanding the provisions of sections 11, 12, and 13 of this Agree- ment, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on , (b) (c) (e) Ashford Drive, immediately south of Block 56; Beechlawn Drive, immediately south of Block 57; Larksmere Court, immediately south of Block 58; and Marshcourt Drive, immediately south of Block 55. The Owner shall remove, at its sole expense and to the Town's specifica- tions, any temporary turning circle located immediately adjacent to the plan on a public highway to be extended by the Owner into the plan, and shall replace any such circle with permanent services as if the highway were a road in the plan. (3) As the temporary turning circles referred to in subsection (1) will be required only if the sequence of construction in this plan and adjacent plans warrants it, the Director of Public Works may waive the con- struction of any turning circle, at his sole discretion, if that sequence does net warrant it. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. INDUSTRIAL BLOCK - BLOCK 54 No development or re-development of all or any part of Block 54, shall be undertaken until such time as a Site Plan/Development Agreement respecting the Block or part thereof has been entered into and such Agreement registered on title and complied with. FENCING (1) The Owner shall erect a permanent 1.8 metre high wood privacy fence, (a) along the westerly boundary of Block 54, prior to the occupancy of any dwelling unit on either of Lots 47 and 48; along the northerly boundary of Block 59 prior to the occupancy of any dwelling unit on any of Lots 14 to 23; and (c) along the northerly boundary of Block 60, between a point opposite the south-west corner of the dwelling to be erected on Lot 24 and the easterly end of the Block, prior to the occupancy of any dwelling unit on any of Lots 24 and 39 to 47. (2) The permanent fencing required to be constructed pursuant to subsection (1), above, shall be constructed so as to meet or exceed 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. A-1 SCHEDULE 1o SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF HOUSING The sections set out in this Schedule represent previsions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval, dated March 15, 1985, as amended December 11, 1985, of Draft Plan 18T-78043 (Revised) by the Minister of Municipal Affairs and these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any way to any of the other provisions of this Agreement. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") ENGINEERING & DRAINAGE REPORT The Owner shall, (a) prior to the commencing of any on-site grading or the final registration of the plan, or any phase thereof, undertake a detailed Engineering and Drainage Report, acceptable to M.T.R.C.A. and the Ministry of Natural Resources describing, (i) the storm water management techniques which will be employed to minimize the amount of water directed into the Duffln Creek; (ii) the development and construction techniques and safeguards which will be used to control and minimize the effects of erosion and siltation on the site prior to, during and after the con- struction period; and (iii) the flood damage reduction techniques to be employed on the site; and (b) carry out, or cause to be carried out, the recommendations referred to in the Report required in clause (a) to the satisfaction of M.T.R.C.A. and the Ministry of Natural Resources. MINISTRY OF THE ENVIRONMENT (uM.O.E.1') - NOISE ATTENUATION (1) The Owner shall, prior to final approval of the plan, (a) prepare a noise report providing for intended noise attenuation measures to the satisfaction of M.O.E.; and (b) consult with M.O.E. about noise affecting the site and the pro- vision of noise attenuation measures. The Owner shall undertaken any necessary noise attenuation measures to the satisfaction of M.O.E. (3) The Owner shall include, in the event that a slight noise level excess will remain, despite the implementation of the noise control features, the following warning clause in all subsequent agreements of purchase and sale: "Purchasers are advised that despite the inclusion of noise control fea- tures with the individual building units, noise levels may continue to be of concern occasionally interfering with some activities of the dwelling occupants. DURHAM BOARD OF EDUCATION The Owner shall inform all prospective buyers in the Agreements of purchase and sale, that their children may be to be transported to existing schools in the area.