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HomeMy WebLinkAboutBy-law 2551/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2551/87 Being a by-law to authorize the execution of two Subdivision Agreements respecting the devel- opment of Part Lot 33, Concession 2, Pickering (Draft Plan 18T-83021); Altona West Developments WHEREAS the proposal to subdivide and register a Plan of Subdivision of Part of Lot 33, Concession 2, Pickering, has been approved by the Council of The Corporation of the Town of Pickering and the Commissioner of Planning of 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 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 two Subdivision Agree- ments, in the form attached hereto as Schedules A and B, respecting the development of that part of Lot 33, Concession 2, Picketing, included in Draft Plan 18T-83021 (Altona West Developments). BY-LAW read a first, second and third time and finally passed this 4th day of Au- gust, 1987. TOWN OF PlCKERING APPROVED ,,LEGAL O~T. SCFEDULE A TI{IS AGREEMENT made this day of , 1987. BETWEEN: DANLU HOLDINGS LIMITED, PERDANCO HOLDINGS LTD., and INPERDEL ttOLDINGS LIMITED, collectively known as ALTONA WEST DEVELOPMENTS hereinafter 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 33, Concession 2, in the Town of Pickering in the Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-83021, as revised (Phase 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: LAND AFFECTED The lands affected by this Agreement (the "Lands") are inclusive, and Blocks 44 to 54, both inclusive, Plan 40M- Lots 1 to 43, both , 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 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. 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 Whenever in this Agreement the word "Owner", or "Encumbrance&' 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, B and C 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. 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. 9. 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 water drainage and manage- ment 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 upstream of the plan of subdivision, aceording to designs approved by the Director of Public Works and the Metropolitan Toronto ~nd Region Conservation Authority and according to the speci- fications 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. (4) (5) 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. The Town may connect or authorize system but such connection shall not system by the Town. connection into any part of the constitute acceptance of the sewer 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 (1) 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. 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. 12. ROADS - PAVED (1) The Owner shall construct the roads shown on the plan of subdivision according to the Town's specifications for paved roads of the Town in effect at the date hereof. 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 ail types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan that the maintenance of them has not been assumed by the Town from the time that they are opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the roads to be con- structed 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 ih the original curb depression according to the specifications. 14. SIDEWALKS (1) The Owner shall construct the following segment of sidewalk in accordance with the time limits set out in sect]on 1 of Schedule A: (a) adjacent to Block 44 on the west side of Altona Road. (z) (3) 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) adjacent to Lots 8, 15 to 21 and 28 on the west side of Valleyview Drive and the north side of Lancrest Street; (b) adjacent to Lots 1 to 7, 38 to 43 and Blocks 45, 46, 54 and 55 on the north side of Senator Street and the east, north and west sides of Valleyview DriveI and (c) adjacent to Lots 29 to 37 on the east side of Valleyview Drive. The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town. 15. ELECTRICAL SER~/ICES 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 accor- dance with the standards and specifications of Picketing Hydro-Electric Commis- sion, Picketing Gable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (i) The Owner shall install street lights, including poles and other necessary appurtenances, on each proposed street in the plan and on the west side of Altona Road adjacent to the plan. 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 Picketing ttydro-Electric Commission. 17. INSPEGTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $1,505 as an engineering drawing inspection fee. 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. (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. 4 (3) (4) 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. 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 (i) 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; (b) thirty-five per cent (35%) of the original value where, (t) 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 (4) (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 - SOI~DING 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 Gontro] Plan prepared by the Owner's Gonsulting 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. 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. INGOMPLETED OR FAULTY WORK (D If, in the opinion of the Director of Public Works, the Owner-is not prosecuting or causing to be prosecuted the work in c~nnection with this Agreemen't 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 6 (3) (4) case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notifica- tion be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. The cost of such work shall be calculated by the Director of Public 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 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 Lancrest Street, Senator Street and Valleyview 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) Blocks 50, 51, 52 and 53 (future Valleyview Drive turning circle)l (b) Block 54 (future Valleyview Drive reserve)l (c) Block 55 (Valleyview Drive reserve) I (d) Block 56 (Senator Street reserve)I (e) Block 57 (Lancrest Street reserve). (z) 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 (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 water drainage and management facilities 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. 7 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Pavin~ of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and the lot line, (b) Continuation of Existin~ Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lan~s - 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 Ouantitative 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. (f) Relocation of Services (i) To pay the cost of relocating any existing services and utilities caused by the subdivision work within BO days of the account for same being rendered by the Town. (ii) Similarly to pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (g) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (h) Temporary Sisns 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) (j) Permanent Si[~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 designa- ted by the Director of Public Works. 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 Plowinl~ & Sandinl~ of Roads (1) (i) If, in the opinion of the Director of Public Works, the condition of ,the road surface is not acceptable for winter control, to snow plow and sand such roads from such occupied buildings to exist- ing Town roads or to subdivision roads that receive the Town's winter control service, including alternate means of access where available. (ii) Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found or re-established 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. 26. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) 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- tkined 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. 27. DWELLING UNITS In the event that more or ]ess than 43 dwelling units are to be constructed in the plan, an amendment to this Agreement shall be required. 28. 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 optiorl, 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) id) (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. 29. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of, (a) $2,000 per unit if paid in 19871 (b) $2,500 per unit if paid after 1987, but on or before 1988; or $2,750 per unit if paid after July 31, 1988, (c) July 31, for each dwelling unit to be erected in the Plan. No building permit shall be issued for any dwelling unit unless payment of the urlit 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 payable ,,nder the provisions of this section in full no later than 18 months from the date of registra- tion 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. 10 30. 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 $118,250 as security for the payments referred to in section 29 hereof. 31. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the .taxes in full on all the lands included in the plan of subdivi- sion, as required by law from time to time. (b) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (c) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the Land Titles Office. (d) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 32. EXPIRY OF SECURITIES 33, (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 fu. rther security. PROVISION OF PARKLAND (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 Blocks 45, 47, 48 and 49, comprising together 1,2141 hectares, 0.2132 hectares of which is required to satisfy the Owner's obligation to provide parkland for Lots 1 to 43 in this plan [areas subject to confirmation]. 11 (z) Upon the conveyance of Blocks 45, 47, 48 and 49 to the Town pursuant to subsection (1), the Owner shall have satisfied fully its obligation to provide parkland for Lots 1 to 43 in this plan, and shall have conveyed 1.0009 hectares of land in excess of that obligation and the Owner shall therefore have a credit in that amount for use in satisfaction of any future obligation to convey parkland to the Town [area subject to confir- mation ]. 34. FENCING (i) Prior to the commencement of development of the plan, the Owner shall erect, (a) a permanent galvanized chain link fence having 0.05 metre 9 gauge steel mesh, (i) 1.5 metres high, along the boundary of the plan adjacent to Lots 29 to 39, (ii) 1.8 metres high, along the southerly boundary of Block 44; and (b) a temporary fence satisfactory to the Director of Parks and Recreation along the westerly boundary of Block 44, the northerly, westerly and southerly boundaries of Block 47 and all boundaries of Block 45. Prior to the occupancy of any dwelling unit on any of Lots 39 to 43, the Owner shall erect a permanent galvanized chain link fence 1.8 metres high, having 0.05 metre 9 gauge steel mesh, along the boundaries re- ferred to in subsection (1)(b) except, westerly boundary of Block 47 and the easterly boundary of Block 45. (3) The permanent fencing required to be constructed pursuant to sub- sections (1)(a) and (2) 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/?6, as amended from time to time, or any successor thereto. 35. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 43 trees of a size and type acceptable to the Town. 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 43 trees to be p!anted, 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. 36. 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. (z) The Program shall be submitted to the Director of Planning for review and approval, and, once approved, shall be implemented as approved only. 12 (3) (4) 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. 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. 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 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 DANLU HOLDINGS LIMITED PERDANCO HOLDINGS LTD. INPERDEL HOLDINGS LIMITED ALTONA WEST DEVELOPMENTS E COI~PORA,,T-~ON OF~TTHE TOWN OF PICKERING Bri ~ E. AndersdnFMayo~ ' ce Taylor, Clerk 13 ENCUMBRANCER - THE ROYAL BANK OF CANADA This Agreement shall have priority over and take precedence over all of the rights or interests of The Royal Bank of Canada, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at , , 1987. SIGNED, SEALED & DELIVERED THE ROYAL BANK OF CANADA 14 SCtfEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of sections 14 and 34 of this Agreement, 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. 2. TEMPORARY TURNING CIRCLES (1) 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) Lancrest Street, immediately east of Block 57; (b) Senator Street, immediately east of Block 56; and (c) Valleyview Drive, immediately south of Block 55. (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. 3. 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. 4. FUTURE DEVELOPMENT BLOCK - BLOCK 46 (i) Block 46 shall he held for future medium density residential development and such development shall not commence without the prior written ap- proval of the Town which approval shall require certain amendments to be made to this Agreement and may be subject to other conditions. (2) Until such time as Block 46 is developed in accordance herewith, the Owner shall maintain it in a clean and orderly condition to the satisfaction of the Town. OPEN (1) (2) (3) SPACE/itAZARD BLOCK - BLOCK 44 The Owner shall set aside Block 44 for future acquisition by the Metro- politan Toronto and Region Conservation Authority, If the Authority declines to acquire Block 44, the Owner shall convey it to the Town, free and clear of all encumbrances and at no cost to the Town. Until such time as the Authority or the Town acquire Block 44, the Owner shall maintain it in a clean and orderly condition to the satisfaction of the Town. A-1 6. PARKLAND DEVELOPMENT AND EASEMENTS - BLOCKS 45, 47, 48 and 49 (1) Subject to the provisions of section 7 of this Schedule, the Owner shall rough grade, fine grade and seed Blocks 45, 47, 48 and 49 in accordance with the Town's park concept and grading plans, to the satisfaction of the Town's Director of Parks and Recreation, The Town shall convey to the Owner, or to the appropriate public au- thority, an easement or easements in Block 48 for the purpose of placing and maintaining underground public utility services necessary to service lands to the north of this plan. 7. TEMPORARY EXTENSION OF VALLEYVIE~/ DRIVE - BLOCKS 4B, 49 and 55 (I) Despite the provisions of section 6 of this Schedule, the Owner shall construct, at its expense as if it were a road shown on the plan of subdivision, a temporary road on Blocks 48, 49 and 55 to provide tempo- rary vehicular and pedestrian access from Altona Road, via Waterford Gate and Valleyview Drive, to the lands to the north of the plan. Upon completion of such construction, the Town shall dedicate Blocks 48, 49 and 55 ,as public highway. (3) When a permanent access from Altona structed elsewhere, road providing permanent vehicular and pedestrian Road to the lands to the north of the plan is con- and dedicated as public highway, (a) the Town shall close the temporary road on Blocks 48 and 49 to pedestrian and vehicular traffic; (b) the Owner shall remove, at its expense, the temporary road on Blocks 48, 49 and 55, and rough grade, fine grade and seed them in accordance with section 6 of this Schedule; (c) the Owner shall complete the construction of a permanent turning circle, including curbs, gutters, boulevard and sidewalk, at the north end of Valleyview Drive; and (d) the Town shall incorporate Blocks 48 and 49 into the adjacent park and Blocks 50 to 55 into Valleyview Drive. 8. STORMWATER MANAGEMENT (1) Notwithstanding the generality of section 10 of this Agreement, the Owner shall, as part of its stormwater management obligations, (a) obtain a conveyance to the Town, prior to the registration of the plan, free and clear of all encumbrances and at no cost to the Town, of the lands necessary in the Town's opinion for Stage 1 of the Petticoat Greek Stormwater Detention Pond, to be located in Lot 32, Concession 1, Picketing, together with the necessary easements and rights-of-way for vehicular and pedestrian access ~hereto from Altona Road; (b) develop, at its cost, Stage 1 of that Pond, including the con- struction of the necessary berm, culvert or culverts, and access driveway; (c) provide erosion protection in Petticoat Creek between the plan boundary and the Pond as required by the Town and as permitted by the landowner; A-2 (d) (e) (f) (g) pay to the Town prior to the registration of the plan, the sum of $60,000 as its contribution to the cost of, (i) the acquisition, construction and maintenance of Stage 2 of the Pond, and (ii) the removal of the culvert or culverts in and adjustments to or the removal of the berm between Stage 1 and Stage 2 of the Pond; if Block 44 is acquired by the Metropolitan Toronto and Region Conservation Authority, obtain a conveyance of the necessary easements and rights-of-way for stormwater storage thereon and vehicular and pedestrian access thereto from Altona Road; develop, at its cost, a temporary stormwater detention pond, including the construction of the necessary berm, culvert or culverts, and access driveway, on Block 44, sufficient to accom- modate storrawater flows that cannot be accommodated in the Petticoat Creek Stormwater Detention Pond until Stage 2 thereof is completed; pay to the Town prior to the registration of the plan the sum of $50,000, (i) which shall be invested by the Town as it sees fit and the interest therefrom, and so much of the capital sum as may be required, shall be used by the Town to maintain the temporary pond on Block 44, and ( ii ) which shall be returned to the Owner, or so much of it that then remains, without interest, when Stage 2 of the Petticoat Creek Stormwater Detention Pond is completed. A-3 SCHEDULE B SPECIAL PROVISIONS REQUIRED BY TilE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval, (hereinafter referred to as the "Approval") dated May 9, 1985 (as amended May 28, 1985), of Draft Plan 18T-83021 (Revised) by the Commissioner of Planning of the Regional Municipality of Durham and these sections are not intended to hind 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.") (I) (3) The Owner shall carry out, or cause to be carried out to the satisfaction of M.T.R.C.A., the recommendations referred to in the report required in Condition 10 of the Approval. The Owner shall not place fill, grade, construct any buildings or struc- tures or interfere with the channel of the watercourse within Block 44 with prior written approval being given by M.T.R.C.A. The Owner shall, prior to the initiation of any grading or construction, erect a temporary snow fence or other suitable barrier along the westerly boundary of Block 44, which barrier shall be in place and maintained until all grading and construction are completed. (4) The Owner shall submit individual lot, site and grading plans to M.T.R.C.A. for approval for Lots 39 to 43. 3. DURHAM BOARD OF EDUCATION The Owner shall insert the following clause in the sale and purchase agreement for each lot: "School children from this development may have to be transport- ed to existing schools. Although a site in the adjacent area has been proposed for a school building, a new school may not be built for several years and it will be only when the number of students from a geographic attendance area warrants the new accommodation." MINISTRY OF THE ENVIRONMENT (1) The Owner shall insert the following clause in the sale and purchase agreement for each lot: "Despite the noise control features within the development area and/or within the individual dwelling unit, noise levels from the .Adjacent Canadian National Railway may occassionaly (sic) interfere with some activities of the dwelling occupants." The Owner shall implement those noise control measures recommended in the acoustic report required under Condition 12 of the Approval. B-1 SCHEDULE C FUTURE CONTRIBUTIONS TO OVERSIZING COSTS (i) In the event that the storm water drainage and management system required by the Town to be constructed by the Owner pursuant to the provisions of sections 10 and A-8 of this Agreement is to be of a larger capacity, in whole or in part, than necessary to service all the lands in the plan of subdivision, then the provisions of this section shall apply. (z) Within 60 days of the verification by the Town's Director of Public Works, of the satisfactory completion of the storm water drainage system, or any part thereof, as the case may be, as provided for in section 19(3) of this Agreement, the Owner's Consulting Engineer shall provide to the Town, in a form satisfactory to the Town, (a) a detailed summary of the Owner's actual cost of the design and construction of the required storm water drainage and management system, excluding lateral connections but including the costs of acquisition of lands outside the plan~ and (b) a detailed estimate of the Owner's probable cost thereof had the system been required by the Town to service the lands in the subdivision only. (3) Within 30 days of the receipt by the Town of the summary and estimate referred to in subsection (2), in a form satisfactory to the Town, the Town Manager shall determine and notify the Owner in writing of the following: (a) the area of the lands outside the plan of subdivision, if any, that the storm water drainage and management system shall be deemed to service for the purposes of this section (the "external lands")~ (b) the portion of the Owner's actual cost, referred to in subsection (2), that the Town shall deem to be applicable to the external lands for the purposes of this section (the "oversizing cost"); and (c) the amount of the oversizing cost that the Town shall deem to be applicable to each hectare of the external lands (the "per hectare oversizing cost") , and that determination shall be final. (4) In the event that the external lands, or any part thereof, are to be developed by plan of subdivision, plan of condominium or any other method requiring a development agreement, then the Town shall endeav- our to ensure that the owner thereof pays to the Owner herein, prior to the development of those lands, all or an appropriate portion of the oversizing cost, (a) calculated according to the gross area immediately prior to devel- opment of the external lands to be developed and the per hectare oversiztng cost, and (b) a'djusted annually, for a maximum of five years from the date of the notification referred to in subsection (3), above, according to the Southam Construction Cost Index for Ontario, composite portion. (5) In consideration of the Town approving the plan of entering into this Agreement with this section included, by, subdivision and the Owner here- (a) remises, releases and forever discharges, and (b) agrees to indemnify and save harmless, C-1 the Town, its officers and employees and their respective heirs, execu- tors, administrators, successors and assigns, of and from all actions, causes of action, accounts, claims, debts~ damages, demands, and costs associated therewith, arising, to arise or which may hereafter be brought against them, or any of them, by or on behalf of the Owner, or any other person, because of the provisions of this section or any error, omission, failure or negligence in the application thereof. PRELIMINARY ESTIMATES (1) Notwithstanding the provisions of subsection 1(2) of this Schedule, the summary referred to therein may be provided to the Town in the form of preliminary .estimates prior to the completion of the works in question, but, if such preliminary estimates are provided, a detailed summary of actual cost must be provided in accordance with subsection 1(2) or the Town's obligations under this Schedule shall cease. (z) The provisions of subsections 1(3), 1(4) and 1(5) shall apply to all preliminary estimates provided, mutatts mutandis, but all determinations resulting therefrom shall be subject to confirmation or adjustment, at the Town Man'agerts sole discretion, upon the Owner's Consulting Engineer providing to the Town the detailed summary of actual cost in accordance with section 1(2). C-2 SCHEDULE THIS AGREEMENT made this day of , 1987. BETWEEN.' DANLH HOLDINGS LIMITED, PERDANCO HOLDINGS LTD., and INPERDEL HOLDINGS LIMITED, collectively known as ALTONA WEST DEVELOPMENTS hereinafter called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, WHEREAS, the Owner proposes to subdivide part of Lot 33, Concession 2, 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-83021, as revised (Phase 2); 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: LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots inclusive, and Blocks 42 to 49, both inclusive, Plan 40M- 1 to 41, both , 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 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. 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 (1) 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 o! the verb agreeing therewith shall be construed accordingly. (2) Schedules A, B and G 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 o[ 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. 8. OWNER'S GENERAL UNDERTAKING The. Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, ali the 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. 9. CONSULTING ENGINEERS (i) 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 water drainage and manage- ment system, including storm connections to the' street line and catch basin leads to service all the lands in the plan bf subdivision and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works ~nd the Metropolitan Toronto' and Region Conservation Authority and according to the speci- fications 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. 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 hsreby 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) (4) (5) 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. The Town may connect or authorize system but such connection shall not system by the Town. connection into any part of the constitute acceptance of the sewer No connection under subsection 4, above, shall be undertaken or au- thorized prior to pre]iminary 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. (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. 12. ROADS - PAVED (i) The Owner shall construct the roads according to the Town's specifications effect at the date hereof. shown on the plan of subdivision for paved roads of the Town in (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 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 (1) The Owner shall construct curbs and gutters on the roads to be con- structed 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 ~ drive- way, the Owner shall construct a curb depression in the correct location and till ih the original curb depression according to the specifications. 14. SIDEWALKS (1) The Owner shall construct the fo]lowing segment of sidewalk in accordance with the time limits set out in section 1 of Schedule A: (a) adjacent to Block 43 on the west side of Altona Road; (b) adjacent to Blocks 42 and 53 on the west side of Altona Road, 3 (2) The Owner shall construct the following segments of sidewalk, in each case prier to the occupand~f of any dwelling unit on any lot adjacent to that segment, despite the pi'ovisions of section 1 of Schedule A; (a) adjacent to Lots I to 7 on the north side of Valleyview Drive and the west side of Westcreek Drive; (b) adjacent to Lots $ to 15 on the west side of Westcreek Drive; (c) adjacent to Lots 16 to 21 on the east side of Westcreek Drive and the north side of Tranquil Court; (d) adjacent to Lots 27 to 33 on the east side of Westcreek Drive; and (e) adjacent to Lots 34 to 40, Blocks 49, 48, 50 and 47 and Block 45, Pla. n 40M-XXXX, on the east side of Westcreek Drive and the north, east, south and west sides of Valleyview Drive. (3) The Owner shall maintain each sidewalk segment until it is formally ac- cepted 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 accor- dance with the. standards and specifications of Picketing Hydro-Electric Commis- sion, Picketing 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 in the plan and on the west side of Altona Road adjacent to the plan. (2) Electrical service for street lighting shall be provided underground and not aboveground. (3) Street lighting and its related electrical service shall be 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 Picketing Hydro-Electric Commission. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $1,575 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. (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. 4 (z) (3) (4) 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 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. 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, (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. (z) The Owner may, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; :(ii) 45 days following such publication have expired; and (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; 5 (4) (ii) 45 days following the making of such certificate have expired~ and (iii) ali 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 he 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. (2) 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. 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. INGOMPLETED ,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 6 (2) (3) (4) case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notifica- tion be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. The cost of such work shall be calculated by the Director of Public 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 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 Tranquil Court, Westcreek Drive and Val]eyview 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) Block 47 (future Valleyview Drive turning circle)I (b) Blocks 50 and 51 (Valleyview Drive reserves)I (c) Block 52 (Westcreek 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 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 water drainage and management facilities 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 Lan~s - Fill & Debris (i) Neit'her 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 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. (f) Relocation of Services (i) To pay the cost of relocating any existing services and utilities caused by the subdivision work within 3{) days of the account for same being rendered by the Town. (ii) Similarly to pay the cost of moving any services or utilities installed under 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 Si{~ns (j) To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. En[~ineerin~ Drawin[~s 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~ & Sandin~ 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 or re-established 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. 26. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) 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 l (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- ~'ained 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. 27. DWELLING UNITS In the event that more or less than 43 dwelling units are to be constructed in the plan, an amendment to this Agreement shall be required. 28. 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. The report referred to in subsection {1) may be required, at the Direc- tor's optior~, 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. 29. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of, (a) $2,000 per unit if paid in 1987; (b) $2,500 per unit if paid after 1987, but on 1988; or (c) $2,750 per unit if paid after July 31, 1988, or before July 31, for each dwelling unit to be erected in the Plan. (2) No building permit shall be issued for any dwelling uflit unless payment of the urtit 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 payable under the provisions of this section in full no later than 18 months from the date of registra- tion 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. 10 30. 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 $118,250 as security for the payments referred to in section 29 hereof. 31. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the plan of subdivi- sion, as required by law from time to time, (b) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all mums of money payable herein which are not paid on the due dates calculated from such due dates. (c) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the Land Titles Office. (d) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbaeks, 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. 32. 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. 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. 33. PROVISION OF PARKLAND (1) In the development of Plan 40M-XXXX, the Owner will convey to the Town 1.0009 hectares of parkland in excess of the Town's requirements for that plan, which excess will be a credit for the Owner's use in satisfying any future obligations to convey parkland to the Town [area subject to confirmation ]. (2) For the development of Lots 1 to 41 and Blocks 44 and 45 in this plan, the Owner is required to convey to the Town 0.2132 hectares of parkland, which requirement shall be satisfied by allocating 0.2132 hectares of the 1.0009 hectare credit thereto, thereby reducing the Owner's credit to 0.7877 hectares. 11 34. FENCING (1) Prior to the commencement of development of the plan, the Owner shall erect a temporary fence satisfactory to the Director of Parks and Recreation along the westerly boundaries of Blocks 42 and 43. (z) Prior to the occupancy of any dwelling unit on any of Block 44 and Lots 24 to 41, the Owner shall erect a permanent galvanized chain link fence 1.8 metres high, having 0.05 metre 9 gauge steel mesh, along the boundaries referred to in subsection (1). (3) The permanent fencing required to be constructed pursuant to subsection (2) 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. 35. TREE PLANTING (1) The Owner shall plant on road allowances within or adiacent to the plan, 43 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 43 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. 36. 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. (z) 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. 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 t-hat 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 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 12 (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 DANLU HOLDINGS LIMITED PERDANCO HOLDINGS LTD. INPERDEL HOLDINGS LIMITED ALTONA WEST DEVELOPMENTS Bru~E. An'~, Mayor - ce Taylor, Clerk ENCUMBRANCER - THE ROYAL BANK OF CANADA This Agreement shall have priority over and take precedence over all of the rights or interests of The Royal Bank of Canada, whether or not any such right or interest was established or arose prior to the date hereof and whether or 'not such right or interest is set out in' or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at , , 1987. SIGNED, SEALED & DELIVERED THE ROYAL BANK OF CANADA 13 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of sections 14 and 34 of this Agreement, 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. 2. TEMPORARY TURNING CIRCLES (i) Notwithstanding the provisions of sections 11, lZ and IS of this Agree- ment, the ,Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on, (a) Westcreek Drive, immediately south of Block 52; and (b) Valleyview Drive, immediately east of Block 51. (z) 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/OPEN SPACE BLOCK - BLOCK 46 (1) Block 46 shall be held for future residential development or for future incorporation into the open space area now comprising Blocks 42 and 43; such development shall not commence without the prior written approval of the Town which may be subject to conditions. (z) Until such time as Block 46 is developed or incorporated in accordance herewith, the Owner shall maintain it in a clean and orderly condition to the satisfaction of the Town. OPEN (1) (z) SPACE/HAZARD BLOCKS - BLOCKS 42, 43, 46 The Owner shall set aside Blocks 42, 43 (and 46 if required for open space/hazard purposes) for future acquisition by the Metropolitan Toronto and Region Conservation Authority. If the Authority declines to acquire Blocks 42, 43 (and 46 if required for open space hazard purposes), the Owner shall convey them to the Town, free and clear of all encumbrances and at no cost to the Town. Until such time as the Authority or the Town acquires the Blocks, the Owner shall maintain them in a clean and orderly condition to the satisfaction of the Town. A-1 TEMPORARY EXTENSION OF VALLEYVIEW DRIVE - BLOCKS 48, 49 and 50 (D (3) Despite the provisions of section 6 of this Schedule, the Owner shall construct, at its expense as if it were a road shown on the plan of subdivision, a temporary road on Blocks 48, 49 and 50 to provide tempo- rary vehicular and pedestrian access from Altona Road, via Waterford Gate and Valleyview Drive, to the lands in the plan. Upon completion of such construction, the Town shall dedicate Blocks 48, 49 and 50 as public highway. When a permanent road providing permanent vehicular and pedestrian access from Altona Road to the lands in the plan is constructed elsewhere, ,and dedicated as public highway, (a) the Town shall close the temporary road on Blocks 48 and 49 to pedestrian and vehicular traffic; (b) the Owner shall remove, at its expense, the temporary road on Blocks 48, 49 and 50, and rough grade, fine grade and sod them in accordance with section 6 of this Schedule; (c) the Owner shall complete the construction of a permanent turning circle, including curbs, gutters, boulevard and sidewalk, at the east end of Valleyview Drive and on Block 47; and (d) the Town shall convey Blocks 48 and 49 to the owners of Lots 41 and 40, respectively, who shall accept such conveyance, for consolidation therewith. STORMWATER MANAGEMENT (i) Notwithstanding the generality of section 10 of this Agreement, the Owner shall, as part of its stormwater management obligations, (a) if Blocks 42, 43 and 46, or any of them, are acquired by the Metropolitan Toronto and Region Conservation Authority, obtain a conveyance upon such acquisition of the necessary easements and rights-of-way for stormwater storage thereon and vehicular and pedestrian access thereto from Altona Road; (b) develop, at its cost, a temporary stormwater detention pond including the construction of the necessary berm, culvert or culverts, and access driveway, on Blocks 42 and 43, sufficient to accommodate stormwater flows that cannot be accommodated in the temporary stormwater detention pond on Block 44, Plan 40M-XXXX and the Petticoat Creek Stormwater Detention Pond until Stage thereof is completed; (c) pay to the Town prior to the registration of the plan the sum of $10,000, (i) which shall be invested by the Town ks it sees fit and the interest therefrom, and so much of the capital sum as ma}, be required, shall be used by the Town to maintain the temporary pond on Blocks 42 and 43, and (ii) which shall be returned to the Owner, or so much of it that then remains, without interest, when Stage 2 of the Petticoat Creek Stormwater Detention Pond is completed. A-2 8. TEMPORARY ROAD CONNECTION TO ALTONA ROAD - BLOCKS 44 and 45 (i) Subject to the approval of the Metropolitan Toronto and Region Conserva- tion Authority, the Owner shall construct, at its expense as if it were a road shown on the plan of subdivision, a temporary road on Blocks 44, 45 and 53 to provide temporary vehicular and pedestrian access from Altona Road to Tranquil Court. (2) Upon completion of such construction, (3) (a) the Owner shall obtain and register at its expense a reference plan showing the location of the temporary road; (b) th~ Owner shall convey the lands on which the temporary road is located to the Town free and clear of all encumbrances and at no cost to the Town; and (c) the Town shall dedicate the temporary road as public highway. When a permanent road providing permanent vehicular and pedestrian access from Altona Road to the north end of Westcreek Drive in the plan is constructed and dedicated as public highway, (a) the Town shall close the temporary road on Blocks 44 and 45 to pedestrian and vehicular traffic; (b) the Town shall convey its interest in the lands on which the temporary road is located to the owners of the lands abutting those lands, for future residential development, which may occur without any amendment to this Agreement; and (c) the Owner shall complete the construction of a permanent turning circle, including curbs, gutters and boulevard, at the east end of Tranquil Court. SCtIEDULE B SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval (hereinafter referred to as the "Approval"), dated May 9, 1985 (as amended May 28, 1985), of Draft Plan 18T-83021 (Revised) by the Commissioner of Planning of the Regional Municipality of Durham 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 aa relating in any way to any of the other provisions of this Agreement. METROPOLITAN ~ORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") (1) (z) (3) The Owner shall carry out, or cause to be carried out to the satisfaction of M.T.R.C.A., the recommendations referred to in the report required in Condition 10 of the Approval. The Owner shall not place fill, grade, construct any buildings or struc- tures.or interfere with the channel of the watercourse within Blocks 42 to 46 with prior written approval being given by M.T.R.C.A. The Owner shall, prior to the initiation of any grading or construction, erect a temporary snow fence or other suitable barrier along the westerly boundary of Block 42 (except adjacent to Block 44, Block 43 (except adjacent to Block 46), Block 44 adjacent to Tranquil Court, Block 45 adiacent to Tranquil Gourt and Lot 23, and Block 46, which barrier shall be in place and maintained until all grading and construction are completed. (4) The Owner shall submit individual lot, site and grading plans to M.T.R.C.A. for approval for Lots 23 to 25 and 30 to 33. 3. DURHAM BOARD OF EDUCATION The Owner shall insert the following clause in the sale and purchase agreement for each lot: "School children from this development may have to be transport- ed to existing schools. Although a site in the adjacent area has been proposed for a school building, a new school may not be built for several years and it will be only when the number of students from a geographic attendance area warrants the new accommodation." 4. MINISTRY OF THE ENVIRONMENT (1) The Owner shall insert the following clause in the sale and purchase agreement for each lot: !'Despite the noise control features within the development area and/or within the individual dwelling unit, noise levels from the adjacent Canadian National Railway may occassionaly (sic) interfere with some activities of the dwelling occupants." The Owner shall implement those noise control measures recommended in the acoustic report required under Gondition 12 of the Approval. B~I SCHEDULE C FUTURE CONTRIBUTIONS TO OVERSIZING COSTS (i) In the event that the storm water drainage and management system required by the Town to be constructed by the Owner pursuant to the provisions of sections 10 and A-7 of this Agreement is to be of a larger capacity, in whole or in part, than necessary to service all the lands in the plan of subdivisionp then the provisions of this section shall apply. (2) Within 60 days of the verification by the Town's Director of Public Works, of the satisfactory completion of the storm water drainage system, or any part thereof, as the case may be, as provided for in section 19(3) of this Agreement, the Owner's Consulting Engineer shall provide to the Town, in a form satisfactory to the Town, (a) a detailed summary of the Owner's actual cost of the design and construction of the required storm water drainage and management system, excluding lateral connections but including the costs of acquisition of lands outside the plan; and (b) a detailed estimate of the Owner's probable cost thereof had the system been required by the Town to service the lands in the subdivision only. (3) Within 30 days of the receipt by the Town of the summary and estimate referred to in subsection (2), in a form satisfactory to the Town, the Town Manager shah determine and notify the Owner in writing of the following: (a) the area of the lands outside the plan of subdivision, if any, that the storm water drainage and management system shall be deemed to service for the purposes of this section (the "external lands"); (b) the portion of the Owner's actual cost, referred to in subsection (2), that the Town shall deem to be applicable to the external lands for the purposes of this section (the "oversizing cost"); and (c) the amount of the oversizing cost that the Town shall deem to be applicable to each hectare of the external lands (the "per hectare oversizing cost"), and that determination shall be final. (4) In the event that the external lands, or any part thereof, are to be developed by plan of subdivision, plan of condominium or any other method requiring a development agreement, then the Town shall endear- our to ensure that the owner thereof pays to the Owner herein, prior to the development of those lands, all or an appropriate portion of the oversizing cost, (a) calculated according to the gross area immediately prior to devel- opment of the external lands to be developed and the per hectare oversizing cost, and (b) adjusted annually, for a maximum of five years from the date of the notification referred to in subsection (3), above, according to the Southam Construction Cost Index for Ontario, composite portion. (5) In consideration of the Town approving the plan of subdivision and entering into this Agreement with this section included, the Owner here- by, (a) remises, releases and forever discharges, and (b) agrees to indemnify and save harmless, C-1 the Town, its officers and employees and their respective heirs, execu- tors, administrators, successors and assigns, of and from all actions, causes of action, accounts, claims, debts, damages, demands, and costs associated therewith, arising, to arise or which may hereafter be brought against them, or any of them, by or on behalf of the Owner, or any other person, because of the provisions of this section or any error, omission, failure or negligence in the application thereof. PRELIMINARY ESTIMATES (1) Notwithstanding the provisions of subsection 1(2) of this Schedule, the summary r~ferred to therein may be provided to the Town in the form of preliminary .estimates prior to the completion of the works in question, but, if such preliminary estimates are provided, a detailed summary of actual cost must be provided in accordance with subsection 1(2) or the Town's obligations under this Schedule shall cease. The provisions of subsections 1(~), 1(4) and 1(5) shall apply to all preliminary estimates provided, mutatis mutandis, but all determinations resulting therefrom shall be subject to confirmation or adjustment, at the Town. Manager's sole discretion, upon the Owner's Consulting Engineer providing to the Town the detailed summary of actual cost in accordance with section 1(2). C-2