Loading...
HomeMy WebLinkAboutBy-law 2520/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.2520/87 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lots 33 and 34, Range 3, B.F.C., Picketing; Draft Plan 18T-85014 (Alastair Mackay Realty Inc. ). WHEREAS, the proposal to subdivide and register a plan of subdivision of part of Lots 33 and 34, Range 3, Broken Front Concession, Pickering, has been approved by the Council of The Corporation of the Town of Pickering and The Regional Municipality of Durham, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement with 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 Agreement in the form attached hereto as Schedule A, respecting the development of Part Lots 33 and 34, Range 3, B.F.C., Picketing; Draft Plan 18T-85014 (Alastair Mackay Realty Inc.). BY-LAW read a first, second and third time and finally passed this 29th day of June, 1987. / Brilce Taylor,fC~Pk SCHEDULE A TIllS AGREEMENT made this day of , 1987. BETWEEN: ALASTAIR MACKAY REALTY INC., hereinafter called the "Owner" OF THE FIRST PARr[`, - and - TIlE CORPORATION OF TIlE TOWN OF PICKERING hereinafter called the "Town" OF TIlE SECOND PART, - and - hereinafter collectively called the "Encumbrancer" OF TIlE TIIIRD PART. WIIEREAS, the Owner proposes to subdivide part of Lots 33 and 34, Range 3, Broken Front Concession, in the Town of Pickering in the Regional Municipality of Durham, and with the consent of the Encumbrancer, to register a plan of subdivlsiou of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-85014; and WIIEREAS, the Encumbrancer has certain rights or interests in the nature of encum- brances relating to the lands affected iierehy; NOW TIIEREFORE, Tills AGREEMENT WITNESSETtl, 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: LAND AFFECTED The lands affected by this Agreement are Lots I to 16, Plan 40M- ing. , Picker- CANCELLATION OF AGREEMENT In the event that a plan of subdivision of the land affected hereby is not registered on or before December 31, 1988, the Town may, at its oplion on one month's notice to the Owner, declare this Agreement to be null and void. NOTICE Any notice required to be given hereunder may be given by registered ,nail addressed to the other Party at its principal place of business and shall he effective as o[ the second day immediately following the date of the deposit thereof in the Post Office. 4. INTERPRETATION Whenever in this Agreement the word "Owner". or "Encumbrancer" anti tbs 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. SCIIEDULES 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 beuefit and be binding upon the Parties hereto, their successors and assigns. 8. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the lands. or any part thereof, to enter upon them in order to comply with the provisions of this Agreement. 9. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- net. for the Town, all the municipal services as hereinafter set [orlh to tile satisfaction of the Town of Pickering, and shall complete, perform or make payment for such other matters as may be provided for herein. 10. CONSULTING ENGINEERS (i) The Owner ~hall retain a Professional Eugineer 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 o[ tile plan. Such Consulting Engineer, or any successor thereto, shall continue to he retained until the work provided for in this Agreement is completed and formally accepted by the Town. , 11. STORM DRAINAGE (l) The Owner shall construct a complete storm water drainage and manage- meni system, including storm connections to the street line and catch basin leads to service all tbs lands in the plan of subdivision and provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according tn specifications of the Town in effect at tbs date hereof and shall maioiain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. Such system shall be constructed to an outlet or ontlets according 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 aforemenlioned lands outside the plan of subdivision, which in the opinion of the I)lreclor of Public Works, will require its use as a truck outlet. Should. in the opinion of the Director of Public Works, an adequate stream or structure exist in the outlet system outside the plan of subdivision, the Owner may be required to carry out such works as are necessary to provide an adequate outlet. (4) The Town may connect or authorize connection into any part of system but such connection shall not constitute acceptance of the sewer system by the Town. (5) No connection under subsection 4, above, shall be underlaken or thorlzed prior to preliminary acceptance of the sewer system by tile Town, except in an emergency. 12. ROADS - ROUGII GRADE Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Townls specifications [o tbe full width, the proposed road allowances shown on the plao of s.bdi- vision. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- pbone, gas or other utilities. 13. ROADS - PAVED The Owner shall construct the roads shown on the plan of subdivlsioo according to the Town's specifications for paved roads of tile Town ill 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 whe. re cons[ruciioo has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubl)ish or other litter of all types. The Owner shall erect and maintain adequate signs to warn all pe,'sons using the roads in the plan that the maintenance of them bas not been assumed by the Town from the time that they are opened until formid assumption by the Town. (4) Such signs and the location thereof are subject to the Town's Director of Public Works. £ approval of tile 14. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the roads to be con- structed pursuant to section 12, according to the specifications el the Town in effect at the date hereof and shall maintain them until they are formall~ accepted by the Town. (z) If any curb depressions are not located correctly with respect to a drive- way, the Owner shah construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 15. SIDEWALKS (1) The Owner shall construct the following segments of sidewalk. In each case prior to the occupancy of any dwelling unit on any lot adjacent lo tltat segment, despite the provisions of section 1 of Schedule A: (a) adjacent to Lots 14, 15 attd 16 on the south side of I[oover Drivel and (b) adjacent to Lots 7, 8 and 9 on the west side of Iloover Drive. The Owner shall maintain each sidewalk segment until it Is for~naily ac- cepted by the Town. 16. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be prnvided to any lot in the plan, it shall be provided underground and in accordance with the standards and specifications of Picketing [iydro-Electric Commission, Picker- lng Cable T.V. Limited or Bell Canada, as the case may be. 17. INSPECTIONS (]) Prior to the registration of the plan, the Owner shall pay to Ihs Town the sum of $560 as an engineering drawing inspection fee. (a) All works required to be constructed by the Owner, except those re- ferred to in section 16. above, shall be installed under the ohservatlon of Inspectors employed by the Town and the Owner shall pay the cosls incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (Z) may include, but ]tot necessarily be limited to0 salaries and wages of Inspectors, testing fees and adminis- tration fees. 18. LIABILITY INSURANCE (]) Before commencing any of the work provided for herein, tl~e Owner shall supply the Town with a Liability Iusurance Policy in form satisfactory to the Town, naming the Town as an insured and indemnifying tile 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 Ihe plan and elsewhere. (Z) The amount of the Policy shall be $5,000,000. (3) In the event any renewal premium is not paid, ti~e Town, itt order lo prevent tire lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the eo~t of such renewal or renewals within 30 days of the account therefor being rendered h,y the Town, (4) It shall be the responsibility of the Owner to notify the Town of the dates for tbs renewal of the premium of the said policy and to supl)l¥ proof that tbs premium of the said policy has been paid in order Ihat the protection provided by the Liability Insurance Policy shall not lapse. 19. PERFORMANCE & MAINTENANCE GUARANTEE Before commencing the construction, installation or performance of any of the works provided for herein, tile Owner shall supply the Towo with a 60% performance and maintenance security in a form satlsfaclory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (al guaranteeing the satisfactory construction, installation or perfor- mance of the works to be constructed, installed or performed by tile Owner; (b) guarauteelng 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 periocl of 2 years from the date that tbs works are completed and such completion acknowledged, In writing, by the Director ef l'ul~lic Works. (~) The Owner may, at any time after tile first §0%, 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 Ihat the construction, installation or performance of the works for which reduction Is being sought bave been satisfactorily completed and paid for, th~ Towo Manager may reduce the amount of the security to an amount not less than, (al sixty per cent (60%) of the original value where no certificate or declaration of substantial performance bas been made: (b) thirty-five per cent (3506) of the original value where, (il a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (1tl) all liens that may be claimed against any holdl)ack required to be retained by the Town have expired or have been satisfied, discharged or provided roi' by pay- merit 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; (11) 45 days following the making of a~uch certificate have expired; and (iii) all liens that may be claimed against any hohlllack requh'ed to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; 5 (4) which seventeen per cent (17%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarautee has expired, when the balance of the security shall be returned to Ibc Owne~' subject to any deductions for rectification of deficiencies. Upon the approval, if any, of a reduction in the amount of the securily required to be provided in subsection l, the Town Manager or tl~e Town Treasurer shall provide to the Owner any necessary assurance to effeci the reduction. 20. 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 developmeut of the plan with a Grading Control Plan prepared by the Owner% Consulling Engineer. establishing the proposed grading of the lots in tl~e plau Io provide for the proper drainage tl~ereof and the drainage of all adjacent lands wiflcl~ drain through the lots in the plan. (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- moot, and alkali not provide for ti~e drainage of surface run-off water onto Town owned parkland, open space or walkways unless provisio, is made for the installation by the Owner, at no cost to the Town. of sull- able swales and catch basins to manage adequately, in the opinion of ihe Town% Director of Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's I)irec- furs of Public Works and Parks and Recreation and of the Metropoltta. Toronto and Region Conservation Authority. (4) The grading of all lots shall be carried out by the Owner in accorda~ce with the approved Grading Control Plan, under the supervision of Ihe Owner*a Consulting Engineer. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance thereof by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. (6) The Owner shall prepare and sod the Iloweli Crescent boulevard within the plan and tl~e front, side and rear yards of each of the lots except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 21. INCOMPLETED OR FAULTY WORK (i) If, in tbe opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection wilh Agreement within the specified time, or in order that.it may be completed within the specified time, or is improperly performing the work, .r shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so tl~at the conditions of this Agreement are bei.g violaled or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be re~ected by tho Director of Public Works as defective or unsuitable, or shall the Ow.er any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement. then in auy such case, the said Director of Public Works shall promptly notify the Ow.er and his surety in writing of sncl~ defanlt or neglect and if sucl~ notifica- tion be without effect within 10 clear days after such notice, then In that case, the Director of Public Works shah thereupon have full authority lo purchase such materials, tools and machinery and to employ such workme. as in bis opinion shall be required for the proper completion of tl~e said work at the cost and expense of the Owner or his surety, or bulb. 6 (3) (4) In cases of emergency, tn the opinion of the Director of Public %Vorks, such work may be done without prior notice but the Owner shall be forthwith notified. The coat of such work shall be calculated by the Director of Pul,Itc Works whose decision shall be final. 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 thc part of the Owner, it being hereby declared and agreed that the assuming i)¥ the Owner of the obligations imposed by this paragraph is one of the considerations, without wblch the Town would not have execnted this Agreement. 22. DEDICATIONS Tile Owner shall dedicate Iloover Drive and Llttlsford Drive as public highways upon the registration of the plau. 23. TRANSFERS - EASEMENTS (i) The Owner shall arrange at no cost to the Town for granting to tbs Town such easements as the Director of Public Works or Isis designate shall deem necessary for the provision of storm sewer services both within tbs boundaries of the plan and across lands adjacent thereto but outside its boundaries. (z) Such eaaementa ahall be aubject to the approval of the Director of Public Works or Isis designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1), above, shall not commence until the easement bas been acquired, unless permission to do so has been obtained by ibc Owner, in writing, from /he Town and from the registered owner of the lands across which the easement sl~all lie. 24. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Pavin[~ of Driveway Approaches To pave all driveway approaches between the curb and the sidewalk or, where no sidewalk is to be constructed between the curb and lot line. (b) Continuation of Exlstln[$ Services Where the construction of services herein lnvolve~ a continuatiou to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, including Ontario Ilydro lands, without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an a~cknowledgement from such authority of the Ownerts 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) Ovalitative or 0uantitative Tests re) The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used iu the construction of any services required by this Agree,nest, anti the coat of such te~sts shall be paid by the Owner within 30 days of tl~e account being rendered by the Town. Relocation of Services (i) (ii) To pay the cost of relocating any existing services and nlilitics caused by the subdivision work within 30 days of the acconnt roi' same being rendered by the Town. Similarly to pay the cost of moving any services or ulililies installed under tiffs Agreement in driveways or so close thereto0 in the opinion of the Director of Public Works. as to interfere with the use of the driveway. (f) 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. (g) Temporary Si{~ns 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 desigua- ted by the Director of Public Works. (il) Engineering Drawings (l) Prior to the final acceptance of ti~e subdivision, to supply the Towu with tile original drawings of the engineering works for the plan of subdivi- sion, with amendments, if any, noted tllereon. 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 subdivision work, he has found or re-established all standard iron bars as shown on the registered plan, and survey monuments al 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. 25. CONSTRUCTION & OCCUPANCY OF BUILDINGS No building permit shall be issued for any building or part of a bnJhlJng in the plan until sewer and water facilities are available, and opinion of tbe Director of Public Works, capable of providing adequate service. (2) No building or part of a building in the subdivision shall be occnpled 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 frout of the building or part thereof and extended to an existing main- tained public roadl and 8 (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, 26, HOUSING UNITS In the event that more or less than 16 housing units are to be constructed in the plan, an amendment to this Agreement shall be required, 27. DESIGN PLANNING (i) 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 plan, which approval shall not be unrea- sonably withheld. (z) The report referred to in subsection (1) may be required, at the Direc- tor's option, to provide the following information: (a) (b) (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) (b) (c) (d) (e) (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. 28. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the am. ount of, (a) $2,000 per unit if paid in 1987, (b) $2,500 per unit if paid after December 31, 1987 and August 1, 1988, or (z) before (c) $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 before the building permit for the unit is issued. No building permit shall be issued for any dwelling hnit unless payment of the unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. 9 (3) (4) (5) Payments of such levies shall be made to the Town from time to time as building permits are required. 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 pFan. 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 tn the said letter. 29. 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 $44,000 as security for the payments referred to in section 28 hereof. 30. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the plan of subdivi- sion, as required by ]aw 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. (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) Reliistration 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 wor.k 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. 31. EXPIRY OF SECURITIES (1) Except as qualified by the provisions of section 12, should any security required to be given under the terms of this Agreement expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. 10 (2) Such further security shall be to the satisfaction of the Town. Shoui~d no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 32. PROVISION OF PARKLAND The Owner shall pay to the Town, prior to the registration of the plan, the sum of $19,600 cash in lieu of the provision of parkland and the Town agrees to accept that sum for that purpose. 33. TREE PLANTING (i) The Owner shall plant on road allowances within or adjacent to the plan, 16 trees of a size and type acceptable to the Town. (z) 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 9 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. 34. TREE PRESERVATION (i) The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved. 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 Owner shall replace that tree with a tree of a height, diameter and spe- cies determined by the Director; such replacement shah be at no cost to the Town. (6) The Owner's liability under subsection (5), above, shall continue until, (a) where the lands upon which the tree is located comprise a res- idential building lot, twelve months after the~ completion of the sodding on the lot, or (b) where the lands upon which the tree is located comprise lands other than a residential building lot, the expiry of the guarantee period referred to in section 1 of Schedule A of this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals 11 attested to by the hands of their respective proper authorized officers. SIGNED, SEALED & DELIVERED ALASTAIR MACKAY REALTY ING. Alastair Mackay, President Tile COR~ORATJ~N OF TttE TOWN OF PICKEI~ING HnE. An de~ff, /Bruce Taylor, Clerk ENCUMBRANCER This Agreement shall have priority over and take precedence over all of tile Encumbrancer's rights or interests, wl~ether or not any such right or interest was established or arose prior to tile date hereof and whether or not such right or inter-- est is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of ii, em, prior to the registraiion of this Agreement. Dated at , , 1987 SIGNED, SEALED & DELIVERED 12 SCIIEDULE A I. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSIIIP & MATERIALS Subject to the provisions of section 15 of tiffs Agreement and section 4 of this Schedule. the Owner shall complete time works required under this Agreement within two year~ from the date of the registration of the plan, and shall guar- antee tim workmanship and materials for a period of two years from the date that the works are approved in writing by the Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as time case may be. CONTRIBUTIONS TO COSTS OF SIIARED SERVICES (1) Prior to the registration of the plan, time Owner shall provide to the Town four certified cheques, aa follows: (a) one certified cheque payable to "Alastalr MacKay Realty Inc.," in the amount of $1,978.54 as adjusted to date of payment, aa the Owner's share of the cost to the payee of the acquisition of time southerly portion of the Altona Storm Water Detention Pond; (b) one certified cheque payable to aMeadowcliffe Homes" in the amount of $2,788.10, as adjusted to date of payment, as the Owner's share of the cost to the payee of time construction of time Altona Storm Water Detention Pond~ and (c) one certified cheque payable to "Meadowcliffe Ilomes" in the amount of $6,403.I4, as adjusted to date of payment, as the Owner's abate of the cost to the payee of existing flow oversizlng of the Altona Trunk Storm Sewer. (~.) Time amounts set out in subsection (1) reflect June, 1986 costs and shall he adjusted on June 30, 1987, and annually thereafter in 1988, 1989, 1990 and 1991, according to the Southam Construction Cost Index for Ontario, composite portion. (3) Prior to the registration of the plan, the Owner shall pay to the develop- er of Plan 40M-1446, 50% of that developer's coats, aa verified by the Town, of the design, construction, installation and maintenance of: (a) (b) (c) (d) (e) the roadway, the curbs and gutters, the street lighting, the traffic control and street name signs, and the storm sewer (excluding the oversized portion) laterals to the street line for each lot to front thereon, including on or In that part of tloover Drive in Plan ~0M-144b adjacent to and abutting this plan. I)EMOI,ITION OF EXISTING BUILDINGS All buildings and slructures on the lands in the plan shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. FENCING (1) Prior to the commencement of development of Lots I to 6, the Owner shall construct a permanent galvanized steel chain link fence having minimum 0.05 metre mesh, (a) 1.g metres high, along the west boundary of I,dts 1 and 6, and (b) 1.8 metres high, along the south boundary of Lots 4 to 6. The permanent fencing required to be constructed pursuant to subsection (1) shall be constructed so as to meet or exceed the reqnirements for awlmmlng pool enclosures set out in Part II of the Town's By-law 425176. as amended from time to time, or any successor thereto. TEMPORARY TURNING CIRCLES The Owner silall remove, at its sole expense and to the Town's specifications, any temporary turning circle located immediately adjacent to the plan on a public highway to be extended by the Owner into the plan, and shall replace any such circle with permanent services as if the highway were a road in Ihe plan. DRIVEWAY ENTRANCES - LOTS 1, (1) 5, 10 AND 11 Driveway entrances, i.e. that part of the driveway between the curl) and the lot line, for each of Lots l, £, l0 and 11 shall uot exceed 3.5 metre in widtix. The Owner shall insert the following clause in the agreement of pnrci~se and sale for each of Lots l, 6~ l0 and Il: "Driveway entrance will not be in accordance with a normally acceptable Town design." STORM WATER AND GRADING REPORT Prior to the registration of the plan, the Owner shall, (a) provide to the Town a report indicating the effect that stor,n water management, site grading and servicing (on and for Lots I to 6 and Ibat part of Littleford Drive within the plan) will have on the existing vege- tation and drainage patterns on the lands adjacent to and abutting 1,ors 1, 4, 5 and 6; and (b) undertake and guarantee any work necessary to ensure that existing vegetation and drainage patterns on those lands are not adversely affect- ed by the development, to the satisfaction of the Town's Directors of Parks and Recreation, Planning and Public Works. A-2 SCllEDULE B 1. SPECIAL PROVISIONS REQUIRED BY OTHER AGENCIES Thc section set out in this Schedule represents a provision not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval, dated January 13, 1986, of Draft Plan 18T-85014 by the Commissioner of Planning of the Regional Municipality of Durham and tl~at seclinn is intended to bind the Owner to tile Town nor the Town to the Owner in any manner whatsoever and is 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.**) The Owner shall carry out, or cause to be carried out, to tl~e satisfaction of M.T.R.C.A., ti~e recommendations referred to in the report required in Con- dition 7 of the approval referred to in section I of this Schedule. B-1