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HomeMy WebLinkAboutBy-law 1621/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW N0.1621/83 Being a by-law to authorize the execution of a Subdivision Agreement between Trans- Terran Developments Limited and 358016 Ontario Limited and the Corporation of the Town of Pickering respecting Part Lots 1 and 2, Plan 423, Pickering (Draft Plan 18T-81001) WHEREAS, Trans-Terran Developments Limited and 358016 Ontario Limited propose to sub- divide and register a plan of subdivision of Part Lots 1 and 2, Plan 423, Pickering; and WHEREAS, that proposal has been approved by the Council of the Corporation of the Town of Pickering and the Regional Municipality of Durham, subject to several condi- tions, one of which requires the entering into of a satisfactory Subdivision Agree- ment between Trans-Terran Developments Limited and 358016 Ontario Limited and the Corporation of the Town of Pickering; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form attached hereto as Schedule "A", between Trans-Terran Developments Lim- ited and 358016 Ontario Limited and the Corporation of the Town of Pickering respecting the subdivision of Part Lots 1 and 2, Plan 423, Picketing (Draft Plan 18T-81001). BY-LAW read a first, second and third time and finally passed this ?th day of February , 1983. Schedule "A" to B~;-law Number 1621/83 'PHIS AGREEMENT made in ~ua:Iruplicate thi 7! r. ~' of February, i983. B E T W 358016 ONTAR£O h.IMI ~ L · hereinafter collectively caller~ OF THE FIRST PART, - and- THE ¢'r :..,,~ l · 'P~, ,.' (:. ',~,,, .... :'OWN OF PICKERING qa:~l ~ ;'at led the "Town" and - herc~inafter ~alled the '~]r :. ~L, ,~. ez" OF THE 'Ppi I r{D '~ , : CREAS, the Owner_ prep, ~23, in the Town of and wi th the consent divis~r~n r ' ose ] pared by ~. d 'khaeffez Number hrl'~61001; and %',_:~,Rh,,,~, J~l.2 ,,n_.uuabrancer has c::TM ~ :l :1, , r ~rests in the £diu~e c~} ,_~ncumbrances relating uo the 1 .,:: bed hereby NOW THEREFORE.. FHfS ~.~ NfNT WITNESSETH, that in considera~ Town approving }-,c is ~, "~os?d plan of subdivision, and ~. c,~ hereinafter e~ :'q:w. ~ , .- : i~ ~',~e]ah PART 1 - PROPERTY DESCRIPTION 1. LAND AFFECTED The lands affected by this Agreement are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of all of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 according to a plan registered in the Land Titles Office for the Registry Division of Durham (No. 40) as Plan 40M- - 3 PART 2 - SERVICES 2. OWNER'S GENERAL UNDERTAKING The Owner agrees to complete at its own expense and in a good workmanlike manner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Director of Public Works for the Town of Pickering, and to complete, perform or make payment for such other matters as may be provided for herein. 3. CONSULTING ENGINEERS (1) The Owner agrees to retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the nec- essary engineering and supervise generally the work required to be done for the development of the 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. 4. STORM SEWERS (1) The Owner agrees to construct a complete storm system includ- ing storm connections to the street line and catch basin leads to service all the lands in the plan of subdivision and adjacent road allowances and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and to maintain them, including clearing any blockages or debris from whatever cause, until they are formally accepted by the Town. (2) Such sewers shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of sufficient 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 their use as trunk outlets. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivision, the Owner may be required to carry out such works as are necessary to provide adequate outlets. (4) The Town may connect or authorize connection into any part of the system but such connection shall not constitute accept- ance of the sewer system by the Town. (5) No connection under subsection 4, above, shall be undertaken or authorized prior to preliminary acceptance of the sewer system by the Town except in an emergency. Se ROADS (1) The Owner agrees to restore that part of Sheppard Avenue/Twyn Rivers Drive adjacent to the plan of subdivision according to the specifications for paved roads of the Town in effect at the date hereof, where, in the opinion of the Town's Director of Public Works, road restoration is required as a result of the development of this plan of subdivision or the instal- lation of any services related in any manner thereto. PART 2 - SERVICES (Cont'd) 5. ROADS (Cont' d) (2) The specifications for boulevard grading and apply to the road restoration referred to in above. sodding shall subsection (1), (3) The Owner covenants and agrees that, until assumption by the Town, it will maintain and repair roads where construction or restoration has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of dust, refuse, rubbish or other litter of all types. (4) The Owner further agrees to keep all boulevards clear and free of all materials and obstructions at all times. 6. CURBS & GUTTERS (1) The Owner agrees to construct curbs and gutters on that part of Sheppard Avenue/Twyn Rivers Drive adjacent to the plan of subdivision according to the specifications of the Town in effect at the date hereof and to maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a driveway, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the said specifications. 7. SIDEWALKS The Owner agrees to construct a sidewalk (a) on the west side of Altona Road adjacent to the plan of subdivision; and (b) on the north side of Sheppard Avenue/Twyn Rivers Drive adja- cent to the plan of subdivision; according to the specifications of the Town in effect at the date hereof and to maintain them until they are formally accepted by the Town. 8. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING (1) (2) (3) (4) Underground electric distribution shall be provided for all residential lots and blocks within the plan of subdivision according to the standards and specifications of Pickering Hydro-Electric Commission. Cable television services shall be provided for all residen- tial lots and blocks within the plan of subdivision according to the standards of Pickering Cable T.V. Limited. The Owner agrees to pay all costs of installation of up- grading street lighting, including poles and other necessary appurtenances for the up-grading of the lighting of both boundary roads. The lighting 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. - 5 PART 2 - SERVICES (Cont'd) 8. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING (Cont'd) (5) The installation of all works provided for in this section shall be constructed under the supervision and inspection of Pickering Hydro-Electric Commission and Pickering Cable T.V. Limited, as the case may be. INSPECTION OF WORK (1) Ail works required to be constructed by the Owner, except those referred to in section 9, above, shall be installed under the observation of Inspectors employed by the Town and the Owner agrees to pay the costs incurred therefor within thirty (30) days of invoices being rendered. (2) The costs referred to in subsection (1), above, may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. 10. 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, 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. (2) The amount of the said Policy shall be $1,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner agrees to pay the cost of such renewal or renewals within thirty (30) days of the account therefor being rendered by the Town. (4) It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 11. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a 100% performance and main- tenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works to guaran- tee the workmanship and materials for a period of two (2) years from the date that the said works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) Such performance and maintenance security may, at the option of the Owner, be made up of cash, irrevocable letter of credit, or a combination thereof. (3) The Owner may, from time to time, the security and such application Treasurer. apply for a reduction in shall be made to the Town - 6 PART 2 SERVICES (Cont'd) 11. PERFORMANCE & MAINTENANCE GUARANTEE (Cont'd) (4) Upon written verification from the Director of Public Works that the services 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 ten per cent (10%) of the original value, which ten per cent portion shall apply as the security for maintenance until the obligation to maintain has expired, when the balance of the security shall be returned to the Owner subject to any deductions for maintenance purposes. (5) 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. 12. DRAINAGE - SODDING (1) The Owner agrees to 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 Agreement and is subject to the approval of the Director of Public Works and the Metropolitan Toronto and Region Conservation Authority. (3) The grading of all lands shall be carried out by the Owner accordance with the Grading Control Plan, under the super- vision of the Owner's Consulting Engineer. (4) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner agrees to correct them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. (5) The Owner agrees to sod the front, side and rear yards of each of the lots and blocks except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 13. INCOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make - 7 - PART 2 - SERVICES (Cont'd) 13. INCOMPLETED OR FAULTY WORK (Cont'd) default in performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notification be without effect within ten (10) clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. (2) In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice the Owner shall be forthwith notified. but (3) The cost of such work shall be calculated by the Director ~f Public Works whose decision shall be final. (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and further, 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. 14. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm sewer services both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (2) Such easements shall be subject to the approval of the Direc- tor of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or ease- ments 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. 15. SERVICE CAPACITY This Agreement shall be subject to the Owner entering into satis- factory arrangements with the Town and the Regional Municipality of Durham with respect to the allocation of sewage treatment plant capacity and water capacity for the development. - S - PART 2 - SERVICES (Cont'd) 16. 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 edge of the travelled portion of the roadway and the lot line. (b) Continuation of Existing Services Where the construction of services herein involves a contin- uation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, other than the actual con- struction of roads in the plan of subdivision without the written consent of the authority responsible for such lands. (ii) On f~uest, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of subclause (i), above. (iii) That there shall be.no burning of refuse or debris upon its lands or any public lands. (d) Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quanti- tative tests made of any materials which have been or are proposed to be used in the construction of any services re- quired by this Agreement, and the cost of such tests shall be paid by the Owner within thirty (30) days of the account being rendered by the Town. (e) Relocation of Services (i) To pay the cost of relocating any existing services and utilities caused by the subdivision work within thirty (30) days of the account for same being rendered by th~ 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. Specifications Unless otherwise provided, to perform any work required to be .done under this Agreement to the specifications of the Town in effect at the date hereof. (g) Temporary 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 designated by the Director of Public Works. - 9 - PART 2 - SERVICES (Cont'd) 16. GENERAL PROVISIONS - SERVICES (Cont'd) (h) Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designated by the Director of Public Works. (i) 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 subdivision, with amendments, if any, noted thereon. (j) Snow Plowing & Sanding of Roads (i) If, in the opinion of the Director of Public Works, the condition of the road surface of that part of Sheppard Avenue/Twyn Rivers Drive to be reconstructed is not acceptable for winter control, to snow plow and sand it at the Owner's expense. (ii) Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems condi- tions warrant and until such time as the road is acceptable to the Director of Public Works for winter control. (k) Survey Monuments & MarKers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. - 10 PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) 17. The Owner agrees that 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 ade- quate service. (2) The Owner further agrees that no building or part of a build- ing in the subdivision shall be occupied except upon the issuance of a municipal occupancy permit. (3) It is agreed that no application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) Sewer and water facilities are installed and in opera- tion 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 (iv) Such curbs as, in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been constructed on the said road. (4) (a) The Owner agrees with the Town that should any building or part thereof in the plan of subdivision be occupied without the prior issuance of a municipal occupancy permit, then in that event, the Owner shall pay to the Town the sum of $1,500 for each building or part thereof so occupied, as liquidated damages therefor. (b) The issuance by the Town of municipal occupancy permits for each and every building on any lot or block in the plan of subdivision shall be deemed to be a release from the provisions of this subsection with respect to that lot or block. (5) The Owner further covenants and agrees to maintain vehicular access to all occupied buildings in the plan of subdivision, until the reconstructed road is formally assumed by the Town, and further agrees to obtain similar covenants from any subsequent owner of any of the lands in the said plan. 18. TIME LIMIT FOR CONSTRUCTION The Owner agrees to construct or cause to be constructed, in the plan, twelve (12) housing units, all of which shall be completed within two (2) years of the date of registration of the plan. 19. DESIGN PLANNING (1) (a) The Owner agrees that, prior to the issuance of any building permit for the construction of any residential unit on the lands, it shall submit to the Town's Direc- tor of Planning, for approval, a report outlining siting and architectural design objectives for the subdivision. 11 - PART 3 CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) 19. DESIGN PLANNING (2) (Cont'd) (b) This report may be required, at the Director's option, to provide the following information: (i) house massing; (ii) streetscape; (iii) exterior materials and colours; (iv) architectural style; (v) visual variety; (vi) energy conservation measures; and (vii) any other data or information required. (a) The Owner further agrees that, prior to the issuance of any building permit for the construction of a residen- tial unit to be erected on the lands, it shall submit to the Director, for approval, site plans and architectural drawings for that unit. (b) These plans and drawings may be required, at the Direc- tor's option, to provide the following information: (i) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; the location of landscaping features, trees to be preserved; streetscape for front and rear elevation (±±) (iii) (iv) (v) (vi) scale acceptable to streetscape to show etation; the relationship of any other data or the Director; all street furniture buildings by blocks; information required. including at a and Veg- and 12 PART 4 - FINANCIAL MATTERS 20. FINANCIAL PAYMENTS (1) The Owner agrees to pay to the Town a unit levy in the amount of $1,500 per unit, for each dwelling unit for which a build- ing permit is received. (2) No building permit shall be issued for any dwelling unit unless payment of the unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. (3) Payments of such levies shall be made to the Town from time to time as building permits are required. (4) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than eighteen (18) months from the date of registration of the plan. (5) A letter from the Clerk of the Town advising that the unit levy has been paid shall be deemed to be a release of this section for the lands referred to in the said letter. 21. LETTER OF CREDIT The Owner shall, immediately prior to the registration of the plan, deposit with the Town, an irrevocable bank letter of credit payable to the Town, in a form satisfactory to the Town, for the sum of $18,000 as security for: (a) the payments referred to in section 20 hereof; and (b) the payment of liquidated damages referred to in subsection (4) of section 17 hereof. 22. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full said plan of subdivision, time. on all the lands included in the as required by law from time to (b) Local Improvements Prior to the release of the plan for registration, to prepay any outstanding local improvement charges which are levied against any of the lands in the said plan of subdivision. (c) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (d) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documentation, including transfers, in the Land Titles Office. - 13- PART 4 - FINANCIAL MATTERS (Cont'd) 22. GENERAL PROVISIONS - FINANCIAL MATTERS (e) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guaran- tee 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 subdivision, or if such claims do exist, the Owner agrees to indemnify the Town against all claims, actions or demands for mechanics' liens or otherwise and all costs in connection therewith. 23. EXPIRY OF SECURITIES (1) The Owner further agrees that should any security required to be given under the terms of this Agreement expire during the currency of the Agreement, the Owner shall provide to the Town at least thirty (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 (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring secur- ity into cash and hold the cash in lieu of and for the same purposes as any further security. 24. TERMINATION OF LEVY/OCCUPANCY SECURITY (1) The letter of credit required to be deposited with the Town pursuant to the provisions of section 21, above, may only be terminated or cancelled by the Owner after the Municipal Occupancy Permit for the last residential building or part thereof to be constructed on these lands has been issued by the Town. (2) Notwithstanding the provisions of subsection 1, the Owner may, from time to time, apply to the Town Treasurer for a reduction in the amount of the letter of credit referred to in subsection 1, as Municipal Occupancy Permits are issued. - 14- PART 5 PARKS & TREES 25. PROVISION OF PARKLAND Prior to the registration of the plan herein, the Owner shall pay to the Town, by cash or certified cheque, the sum of $7,350 and the Town hereby agrees to accept same in full satisfaction of the Owner's obligation to convey parkland to the Town. 26. FENCING (1) The Owner shall erect, upon the completion of final lot grading and seeding or sodding the lands in the subdivision, a perman- ent fence of nine (9) gauge, galvanized steel link fencing, having 0.05 metre mesh, 1.8 metres high, (i) along the westerly and northerly boundaries of the plan of subdivision; and (ii) along the easterly boundary of Lot 12 from a point 15 metres north of Sheppard Avenue/Twyn Rivers Drive to the northerly boundary of the Lot. (2) The fencing required to be constructed pursuant to subsection (1), above, shall be constructed so as to meet or exceed the requirements for swimming pool enclosures as set out in Part II of the Town's By-Law 425/76, as amended from time to time, or any successor thereto. 27. LANDSCAPE PLANNING (i) The Owner agrees that prior to the issuance of building permits for any of the units to be erected on the lands, it shall submit a landscaping plan for all of the lots and blocks on the plan to the Town for approval. (2) The Owner further agrees that upon approval by the Town of a landscaping plan, the landscaping works shown on the plan shall be constructed, installed or planted, as the case may be, in conformance with the landscaping plan according to the time limits set out in Schedule "A". 28. STREET TREE PLANTING (i) The Owner shall plant on the adjacent road allowances, trees of a size, number and type acceptable to the Town. (2) A schedule ved by the trees. of the Owner's tree planting scheme shall be appro- Director of Planning prior to the planting of any (3) A list of acceptable tree species and sizes will be provided. (4) The trees approved by the Town shall be planted by the Owner no more than six (6) months after final grading is done in the specified area. (5) (i) The Owner shall provide at least one (1) tree per residential unit in the subdivision. (ii) Where the density is too great to enable this quota to be met, the Owner shall provide $50 per unit for tree planting in a public land area within the community in which the plan is located. 15 PART 5 - PARKS & TREES (Cont'd) 29. TREE PRESERVATION (1) The Owner agrees to retain, at its own expense, a qualified expert in order to determine which of the existing trees shall be preserved. (2) The aforementioned qualified expert shall prepare a Tree Preservation Program, which program shall be submitted to the Director of Planning and shall not be put into effect until it has received the approval of the Director of Planning. (3) In determining whether or not to approve the Tree Preserva- tion Program, the Director shall be governed by the Town Tree Preservation Guidelines in effect as at the date hereof. 16 - PART 6 - GENERAL PROVISIONS 30. LICENCE TO ENTER The Owner agrees with the Town to retain a licence from any sub- sequent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. 31. CANCELLATION OF AGREEMENT In the event the complete plan of subdivision is not registered on or before December 31st, 1982, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void with respect to any unregistered portion of the plan. 32. NOTICE Any notice required to be given hereunder may be given by regis- tered 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. 33. ENCUMBRANCER The Encumbrancer agrees with the Town that this Agreement shall have priority over and take precedence over any rights affected hereby, 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. 34. INTERPRETATION (1) Whenever in this Agreement the word "Owner" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners" and "his", "her" or "their", respectively, and the number ~f the verb agreeing therewith shall be construed accordingly. (2) The provisions in Schedules "A", "B", "C" and "D" attached hereto shall form part of this Agreement. 35. TIME Time shall be of the essence of this Agreement. 36. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their succes- sors and assigns. 17 - PART 6 - GENEP~L PROVISIONS (Cont'd) IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate Seals attested to by the hands of their proper officers that behalf fully authorized. in SIGNED, SEALED & DELIVERED TRANS-TERRAN DEVELOPMENTS LIMITED Per: Per: 358016 ONTARIO LIMITED Per: Per: THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk Per: Per: SCHEDULE "A" 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (1) (2) Save as herein otherwise provided, the Owner agrees to complete the works required under this Agreement within the time limits specified in the Table set out below and to guarantee the workmanship and materials for a period of two (2) 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. Any works other than that specifically provided for in the Table shall be completed within the time limit provided for therein for aboveground services. Table Works Time Limit For Completion (a) Underground Services Two years from the date of the registration of the final plan of subdivision (b) Aboveground Services Two years from the date of the registration of the final plan of subdivision 2. PHASING Neither the registration of this plan nor the construction and development of this subdivision shall be phased without a prior amendment to this Agreement. 3. DEMOLITION OF EXISTING BUILDINGS Ail structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issu- ance of any building permit. 4. NOISE ATTENUATION MEASURES Prior to the final acceptance by the Town of the works in the subdivision, the Owner's'consulting engineer shall provide to the Town, and to the Ministry of the Environment, his engineering certificate certifying that all intended noise attenuation measures required to be carried out pursuant to the provisions of the reports prepared by Barman, Coulter, Swallow Associates, dated October 21st, 19~1, being the report referred to in section 3 of Schedule "C" to this Agreement, have been carried out in accordance with those provisions. Be CASH-IN-LIEU OF SERVICES - EXEMPTION {1) In the event that the Owner is of the opinion that compliance with, (a) section 4 (storm sewers), SCHEDULE "A" (Cont'd) 5. CASH-IN-LIEU OF SERVICES - EXEMPTION (Cont'd) (b) section 6 (curbs and gutters), (c) section 7 (sidewalks), and (d) section 28 (street tree planting) of this Agreement, is not possible or practical in the circum- stances, then the Owner may apply, in writing, to the Town's Director of Public Works for an exemption from the provisions of those sections. (2) An application for an exemption under subsection (1) must be made prior to the issuance of any building permit for any lot in the plan. (3) Upon receipt of an application for an exemption under sub- section (1), the Town's Director of Public Works shall review the possibility of any practicality of compliance as required, and may exempt the Owner as requested; the Director's decision shall be communicated to the Owner in writing. (4) No exemption under subsection (3) shall be valid unless the Owner pays to the Town within fifteen (15) days of the date of the exemption, the sum of $37,550, being the estimated cost of the installation or construction of the services from which the Owner is exempted. (5) No building permit shall be issued by the Town after an application for exemption has been received by it, unless (a) the sum required to be paid under subsection (4) is paid; (b) the application is withdrawn; or (c) the application is refused. 6. DEEMED COMPLIANCE ON EXEMPTION Upon the payment of 5(4), following the the Owner shall, the sum required to be paid under section granting of an exemption under section 5(3), (a) be relieved of Compliance with the provisions of sections 4, 6, 7 and 28 of this Agreement and any other provisions relat- ing thereto; and (b) have the right to apply to the Town Treasurer under section 11 of this Agreement for a reduction in the security held by the Town as a performance and maintenance guarantee, as if the Owner had satisfactorily completed the installation or construction of the services from which the Owner is exempted. 7. STREET DITCHES & BOULEVARDS In the event that the Owner is exempted under section 5, the Owner agrees, (a) to construct and sod ditches and boulevards on Sheppard Avenue/ Twyn Rivers Drive and Altona Road, adjacent to the plan of subdivision to the specifications of the Town in effect at the date hereof and to maintain them until they are formally accepted by the Town; and SCHEDULE "A" (Cont'd) 7. STREET DITCHES & BOULEVARDS (Cont'd) (b) that the performance and maintenance security required under section 11 of this Agreement shall be increased accordingly to cover the cost of such construction. SCHEDULE "B" 1. INDUSTRIAL/COMMERCIAL COMPONENT CASH-IN-LIEU The Owner shall pay to the Town, prior to the registration of the plan herein, the sum of $12,000 cash-in-lieu of the construction of an industrial/commercial component, and shall be entitled thereby to 12 credits upon which the same number of residential building unit permits may be issued. SCHEDULE 1. SPECIAL PROVISIONS REQUIPd~D BY THE REGIONAL MUNICIPALITY OF DURHAM The section set out in this Schedule represent provisions not affec- ting the Town but required to be inserted in this Agreement by the conditions of draft approval, dated October 28th, 1981, of Draft Plan 18T-81001 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 what- soever and are not to be construed as relating in any way to any of the other provisions of this Agreement, save and except section 4 of Schedule "A". MINISTRY OF THE ENVIRONMENT ("M.O.E.") CANADIAN NATIONAL RAILWAY ("C.N.R.") - NOISE ATTENUATION (1) The Owner shall, prior to final approval of the plan, engage the services of a consultant to complete noise and vibration reports recommending noise and vibration attenuation measures to the satisfaction of M.O.E., C.N.R. and the Town. (2) The Owner shall carry out the noise and vibration noise atten- uation measures recommended in the reports referred to in subsection (1), above. (3) Purchasers are advised that despite the inclusion of noise control features within the individual building units, noise levels may continue to be of concern, occasionally interfering with some activities of the dwelling occupants. (4) "VIBRATION OF THE BUILDINGS DURING TRAIN PASSBYS MAY BE PERCEIV- ABLE TO SOME OCCUPANTS. THE VIBRATION LEVELS HAVE BEEN TESTED AND ARE WELL BELOW THAT SUFFICIENT TO CAUSE DAMAGE TO THE STRUCTURES" - CN Rail Caution. , .~, iCE LOSTS '¢.:[~'lin 5>; ~ ~?~ ) tay: ~ tke acknowledgement, by the Town's l>~. ~c:%.~.~' o- . ;.c We k ;, of the payment by the Owner to the '?owu t, ~ ..... f $2 ,000, being th, '~,[ ~mated cost of the ir.s.t,.:.'at on , .,nst,-uction <)f s~ · ~-s, as provided 1~ sections (: .%-5 of this ~ :.,',' ihe To~ Manager ~:~,a].l deteum .... rind notify th ~ 5v ~t w-i ~ing, of the following: (a) the area of the lands, subdivision that the saJ.] benefit (the "benefitt<ng this section and the such lands shall cont].nu ~ the plan of be deemed to the purposes of · my, under which . 'w~i ~tting lands; (b) ..he port:on of the shall doqm to be alii,'1 ca'de (the "sh,tred cost") . pair e. nh that the Town' ,e beuei[itting lands . ...es of this section; (C) the metb,~d ,>r metlnot's ihe d~ar,>d cost to th~ .-n~ i-hat determination st]a!] !,o !'[., ~ ±n the event that the benefitting l~nds, or ~,y ~,,zt tnmzco*, .~re to be developed by plan of subdivision, plau of c~ondo- minium or any other method requiring a Developmwnt Ag:cement, then the Town shall endeavour 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 shared cost, (a) calculated accordinq to the method or methods referred to in sub:~,ct:on (1), end (b) adj,~sted a~q~n]'l~, ~'<~: a ~r,a,imum of five (5) years from the date oF n ,ti~ i, ~ I :on referred to in subsection (1), according to the SouLham Construction Cost Index for Ontario, comp,,si;e (3) In consideration of ,.i.e Town approving the plan of subdivi- sion and entering into ~his Agreement with this section included, the Owner hereby, (a) remises, releases and forever discharges, and (b) a~rees to indemnify and save harmless, the Town, its officers and employees and their respective he[rs, executors, administrators, su,.,'esso~s and assigns, of ,~nd from all actio0s, caus<?.s ~f a, ~ , , .~'~..~h~:,., claims, debts, damages, d,~l~ands, ,c~ ~ ~ ~ ~ , ~ ~(,..~ :', .re~ith, a.'SsSng, to arice or wh: ,r.~: ho):~ ~~, ~- %)'.: b, ~;~, ~ht against any error, omiss~.,~n, cai ~,Trm ,~c ~ec~] ]QmDCP ~n the appl]cat :('.r~ thereof. 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