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HomeMy WebLinkAboutBy-law 2484/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.2484 /87 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 30, Concession 1, Picketing; (Draft Plan 18T-86041; Robert Gordon). WHEREAS, the proposal to subdivide and register a Plan of Subdivision of Part Lot 30, Concession 1, Pickering, has been approved by the Council of The Corporation of the Town of Pickering 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 Robert Gordon and The Corporation of the Town of Pickering; 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 Agree- ment, in the form attached hereto as Schedule A, respecting Part Lot 30, Concession 1, Pickering (Draft Plan 18T-80041; Robert Gordon). BY-LAW read a first, second and third time and finally passed this 19th day of May, 1987. n E.~rson, Mayor ~ c7' PICKER,'NG APPROVED LEGAL D:i?l 196 ITEM ]. s SCHEDULE A Tills AGREEMENT made this 19th day of May, 1987. BETWEEN: ROBERT W. GORDON hereinafter called the "Owner" OF TIlE FIRST I)AItT, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called tile "Town" OF TIlE SECOND PAI{'I'. WIIEREAS, the Owner proposes to subdivide part of Lot 30, 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-86041; and NOW TttEREFORE, TNIS AGREEMENT WITNESSETII, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. LAND AFFECTED The lands affected by this Agree*nent (tile "Lands") are I,ots I to 9, both inclusive, Plan 40M- , Picketing. 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. 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 i3e effective as of the second day immediately following the date of tire deposit thereof in the Post Office. INTERPRETATION Iqhenever in this Agreement the word "Owner", or "Enculnbrancer" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners" "gncumbrancer or Encumbrancers" and "bis", "her" or "them", respectively and the number of tBe verb agreeing tBerewith shall be construed accordingly. ITEM SCIIEDULE Schedule A attached hereto shall form part of this Agree~nent. TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shah enure to tbs and be binding upon the Parties hereto, their successors and assigns. benefit of LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of tbs 1,ands, or any part thereof, to enter upon the t, ands in order to comply with tbs provisions of this Agreement. OWNER'S GENERAL UNDERTAKING Tim Owner shall complete at its own expense and in a good workmanlike man- ncr, for the Town, all tbs municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. 10. CONSULTING ENGINEERS (l) The Owner shall retain a Professional Engineer as the Consulting Engi,mer of the Owner to carry out all the necessary engineering and to supevvise geueralt¥ tbs work required to be doue for the development of the subdi-- vision. (g) 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 tbs Town, Il. STORM SEWER CONNECTIONS The Owner shall construct storm sewer connections to service all thc lands in the plan of subdivision, according to designs approved by the Director of Public 1,9orks and according to the specifications of tbs in effect at the date hereof and shall maintain them, including cleari~g any blockages or debris from whatever cause, until they are fo,'mall¥ approved by the Town. (~) Such connections shall be constructed to an existing sewer or laterals therefrom according to designs approved By the Director of Public Works and shall be of sufficient size and depth and at proper locations to sev~ vice tbs lands in the plan of subdivision. (~) No connection under subsection 2 shall be undertaken prior to preliminary acceptance of the storm sewer by the Town, except in an emergency. 12. ROAD BOULEVARDS Tbs Owner shall keep all boulevards clear aud free of materials and structions which might interfere with the installation of electric, telephone, gas or other utilities. 2 ITEM s 13. ROADS (D The Owner shall maintain and repair roads outside the plan of subdivisiml where construction bas taken place or that are used by construction traffic entering the plan of subdivision and keep such roads cleat' mud, dust, refuse, rubbish or other litter of all types. (2) The Owner shall erect and maintain adequate signs to warn all persons using those roads that construction traffic is a clanger. (3) Such signs and the location thereof are subject to the approval oi tim Town's Director of Public Works. 14. CURBS & GUTTERS The Owner shall maintain and repair curbs and gutters on the road~ referred to in section 11 according to the specificatious of the Tuwu iu effect at the date hereof. (2) If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in tile correct location and fill in the original curb depression according to the said specifica- tions. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot in the plan, it shall be provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Commission, Picker- lng Cable T.V. Limited or Bell Canada, as the case may be. 16. INSPECTIONS Prior to the registration of the plan, the Owner shall pay to the To,un the sum of $280 as an engineering drawing inspection (2) All works required to be constructed by the Owner, except those [erred to in section 15, above, shall be installed under the observatioo Inspectors employed by tile Town and tile Owner sh.ll pay thc c.sts 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. 17. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, ti~e Owner shall supply the Town with a Liability Insurance Policy in a form satisfactory to the Town, naming the Town as an insured and indemni£ying the Town from any loss arising from claims for damages, inlury or otherwise ill 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. (~) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay tile renewal premium or premiums and the Owner shall pay the cost of such renewal or renewals within 30 clays of the account therefor being rendered by tls,: Town. It shall be the responsibility of the Owner to notify the Town of tile dates for the renewal of the pre~nium of the said policy and to supply proof that the premium of the said policy has been paid in order that tim protection provided by the l,iability [usurance Policy shall out lapse. ITEM PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of ai~¥ of the works provided for herein, the Owner shall supply the Town with a $20,000 performance and maintenaocc security in a form satisfactouy the Town (the "original value") for the purpose of, (a) guaranteeing tile satisfactory construction, installation or [mrfov- 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 tile provisions of the Cons/ruction l,icn Act, 1983, and (d) guaranteeing all works, workmanship anti 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 (3) Upon written verification from the Director of Public Works that tim construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid fox', the 'Fown Manager may reduce the amount of the security to an amount m)t leas than , (a) sixty per cent (60%) of the original value where I',o 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 been published; (ii) 45 days following such publication have expired; and (iii) all liens that ,nay be claimed against any holdbacl~ required to be retained by the Town have expired or have been satisfied, discharged or provided for hy 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 Owner's consulting engineer; (ii) 45 days following the making of such certificate bare expired; and (iii) all liens that may be claimed against any boldback required to be retained by the Town have expired ov 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 bas expired, when the balance of the security shall be returned to the snbject to any deductions for rectification of deficiencies. 2OO ITEM (4) Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Tow. Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 19, DRAINAGE - SODDING (I) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the developme.t of the plan of subdivision, with a Grading Control Plan prepared 1%, the Owner's Consulting Engineer, establishing the proposed grading of tb~ Lands to provide for the proper drainage thereof anti the drainage, of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with thc Town's Lot Drainage Specifications in effect at the date of this Agree- scut, and shall not provide for the drainage of surface run-off waler onto Town owned parl¢land, open space or walkways unless provision ia made for tile installation by the Owner, at no cost to the Town, of suit- able swales and catch basins to manage adequately, in the opinion of thc Towo~s Director of Parks and Recreation. that surface run-off water. The Grading Control Plan is subject to the approval of the 'Fern's Direc- tors of Public Works and Parks and Recreation and of the Metropolitan Toronto and Re~ion Conservation Authority. (4) Tile 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 problen,s occur prior to formal acceptance of the works in the plau of sub(livisio~t 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 tmces-- sary to correct such problems, The Owner shall sod the northerly Post Drive boulevard acid the front, aide and rear yards of each of the residential lots except for paved, planted or treed areas, upon the completion of the cmtstruction of bttikl- ings thereon. 20. INCOMPLETED OR FAOLTY WORK (1) If, in the opinion of tile Director of Public Works, the Owner is nnt 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 M.dl the Owner neglect or abandon it before the completion, or unreaso,~ably delay the same so that the conditions of this Agreement are being violalcd 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 hy tim Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of ti~e Director of Public Works, make default in performance of the terms of this Agreement, then itl any ~ttch case, the said Director of Public Works shall promptly notify the Ow.ur acid his surety in writing of such default or neglect and if sttcb notifica- tion be witbout effect within 10 clear days after such nolice, then iii that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such work.mn as in his opinion shall be required £or the proper completion of tll~z said work at the cost and e×pense 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 Owuer shall be forthwith notified. (3) The coat of such work shall be calculated by the Director of Public Works whose decision shall be final. ITEM (4) It is understood and agreed that such costs shall include a manageme~t fee of twenty per cent (20%) of the labour and material value, and ther, a fee of thirty per cent (30%) of the value for thc dislocatio~ inconvenience caused to tbs Town as a result of such default oo tim l}al'l of the Owner, it being hereby declared and agreed that tbs the Owner of tbs obligations imposed by this paragriq)b is one of thc considerations, without which the Town would not have executed this Agreement. 21. TRANSFERS - CONVEYANCES The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of tbs plan or within the 30 clays immediately following the registration of the final plan, all (at Block 10 (Post Drive road widening), aud Block 11 (Rosebank Road road widening). Notwithstanding the provisions of subsection (1), above, a transfer required tbsrein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenaltce of a public utility in operation as of the date of this Agreement. gl. TRANSFERS - EASEMENTS (~) The Owner shall arrange at no cost to the Town for granting to tbs Town such easements as the Director of Public ~/orks or his desiguate shall deem necessary for the provision of storm sewer services both within thc boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (~) Such easements shall be subject to tl~e approval of the Director of Poblic Works or his designate as to their location and width. (3) The construction of any service~ in sttch easement or' easements referred to in subsection (1), above, shall not commence until tbs easement lies been acquired, unless permission to do so l~as been ol~tained by lira Owner, in writing, from the Town and from the regisleved owner of thc lands across which the easement shall lie. 23. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town; (at Pavin[~ of Driveway Approaches To pave all driveway approaches between the curb and tbs lot line. (bt Continuation of Existin$ Services Where the construction of services herein involves a contiuuatimt to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (ct Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or on, nor to remove or permit to be removed, any fill from any public lands, without the written consent of tbs authority aible fo)' sucl~ lands. (~i) On request, to supply tbs Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (it. ... 2 o 2 ITEM :[ s (iii) That there shall be no burning of refuse or debris upou its lands or any public lands. (d) Qualitative or Quantitative Tests (e) The Director of Public Works may have qualitative or quautitative teals made of any materials which have been or are proposed to be used in Ibc construction of any services reqoired by this Agreement, and the cost of such tests shall he paid hy the Owner within 313 days of the accounl being rendered by the Town. Relocation of Services (ii) 'Fo pay the cost of relocating any existing services and tstilities caused By the subdivision work within 30 days of tim 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 ioterfere with the use of the driveway. (f) Specification~ Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (g) Temporary Signs 'Fo 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. (h) Permanent Sil~ ns 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 designs-- ted by the Director of Public Works. (i) En[lineerinll Drawings Prior to the final acceptance of the subdivision, to snpply the Town ,~itb the original drawings of the engineering works for Ihe plan of sul,divi sion, with amendments, it any, noted thereon. Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by ars Ontario Land Surveyor that, after tile completion of the subdivision work, he has found or re-established all standard irou bars as shown on the registered plan, aud survey monnments at all ldock corners, the ends of all curves, other than cornel' rotlndings slid all points of cl~ange in direction of streets on the registered olao. 24. CONSTRUCTION & OCCUPANCY OF BUILDINGS (~) 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 the opinion of the Director of Public Works, capable of providing adequate service. (2) No boilding or part of a building in the subdivision shall he occupied except upon the issuance of a municipal occupancy permit, (3) No application for a municipal occupancy permit for a building or part a building shall be made except upon the following conditions: 7 (i) (ii) (iii) (iv) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; Electric service is completed and in operation; An asphalt base has been laid on the road immediately in front of the building or part thereof; 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. 25. HOUSING UNITS In the event that more or less than 8 housing units are to be the plan, an amendment to this Agreement shall be required. constructed in 26. DESIGN PLANNING (1) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architec- tural design objectives for the subdivision, which approval shall not be unreasonably withheld. (2) The report referred to in subsection (1) may be required, at the Direc- tor's option, to provide the following information: (a) (h) (c) (d) (e) (f) (g) house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and any other data or information required. (3) The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. (4) The plans and drawings referred to in subsection (3) may be required, at the Director's option, to provide the following information: (a) (h) (c) (d) (f) 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 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. 27. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $2,000 per unit if paid on or before December 31, 1987, $2,500 per unit if paid after December 31, 1987, but on or before July 31, 1988 and $2,750 per unit if paid after July 31, 1988, 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. 8 (4) (5) 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. 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. 28. 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 $22,000 as security for the payments referred to in section 27 hereof. 29. 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 against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 30. 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. ITEM PROVISION OF PARKLAND The Owner shall pay to the Town, prior to the registration of the plan, the sum of $9,800 cash in lieu of the provision of parkland anti tht: Town agrc~:s lo accept that sum for that purpose. 32. TP, EE PLANTING (1) q-'he Owner shall plant on Post Drive adjacent to the plan, 8 trees of a size and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall be apl)roved by Director of Planning prior to the planting of any trees, (3) The trees approved by the Town shall be planted by the Owuer when Ihe boulevard into which they are to he planted is sodded, (4) If the density is too great to enable It trees to be planted, the Owner shall pay to the Town $100 for every tree which cannot he planted for tree planting in a public land area within the community' iii which the plan is located. 33. TREE PRESERVATION (l) 'Ft~e Owner shall retain, at its own expense, a qualified e×pert to prepart: a Tree Preservation Program indicating which existing trees shall be preserved. (2) The Program shall be submitted to the Director of Pla.nine for review and approval, and, once approved, shall he impleme.ted as approved only. (~) In determining whether or not to approve the Program, be governed by the Town Tree Preservation Policy io hereof. tire Director shall effect at the dale (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 lands in the plan, inclnding the rmnoval of any trees, In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the ol)i.ion o[ the Town's Director of Parks and Recreation, damaged to such a. extent that ils value or longevity is decreased or is likely to be dc. creased, then the Owoer 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), above, shall continue until, (a) where the lands upon which the tree is located comprise a rea- 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 I of Schedule A of this Agreeme.t. IN WITNESS WIIEREOF, the Owner has hereunto affixed his hand and seal and the 10 ITEM Town has hereunto affixed its Corporate Seal attested to by the hands of its proper authorized officers. SIGNED, SEALED & DELIVERED In the presence of TIlE CORPORATION OF THE TOWI'{ OF PICKERINC E. Ander~6n~Mayor ~/ Bruce Taylor, Clerk Robert W, Gordon [, Georgina Anne Gordon, spouse of Robert W, Gordon, the Owner herein, hereby consent to the execution and entering into of this Agreement by R~)bert W. Gordon and to the registration of the Agreement upon the title to the land~ affected hel'cby nod agree to he hound by the terms of the said Agreement. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day , 198'/, at the Town of Picketing. SIGNED, SEALED & DELIVERED In the presence of Geor§lna Anne 11 ITEM s SCHEDULE A 207 1. TIME LIMIT FOR WORK it GUARANTEE FOR WORKMANSItIP ~, MATERIAI,S 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 sbull guarantee the work~nanship and materials fur's period of two years from thc date that the said works are approved in writing by the Director of Pnblic Works, the Director of Parks and Recreation, or the Director of Plannittg, aa the case may be. CONTRIBUTIONS TO OTItER SERVICES (1) Prior to the registration of the plan, tiaa Owner shall provide to lite Town a certified cheque payable to "Bramalea Limited" in the amount of $ as adjusted to date of payment, as the Owner's share of the cost 1o the payee of the construction and installation of storm sewers, road, cnrb and gutter, sidewalk and street lighting on Post Drive adjacent to plan. The amount set out in subsection 1 shall be adjusted annually in 1988, 1989, 1990, 1991 and 1992, according to the Southam Construction Cost Index for Ontario, composite portion. COSTS OF ADJACENT SERVICES Prior to the registration of this Agreement, the Owner shall pay to the Town the suni of $9,410 in satisfaction of the Owner's obligation to install or provide storm sewers, sidewalks, curbs, road and boulevard works aud street bght upgrading in or on Rosehartk Road adjacent to the plan. 4. APPLICATION OF AGREEMENT TO LOT 9 (1) Despite any of the provisione of this Agreement and uf this Schedule (except this section), Lot 9 shall be subject only to, (a) sections 2, 3, 4, 5, 6, 7, 8, 15 (except where such services are provided to the lot from Rosehank Road), 19 (except suhsection (6)), 23 (c, f, j), 29, 33, A.I and A.4, and in addition, if grading is required on Lot 9, sections 9, 10, 16(2, 3), 17, ltl, 19(6) (only with respect to graded areas), 20. 22 and 30. (2) No application for a building permit shall be made by the Owner or l~y any person on his behalf, for a new residential dwelling un I.ot 9 withoi~t a prior amendment to this Agreement. A-I