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HomeMy WebLinkAboutBy-law 1568/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1568/82 Being a By-Law to authorize the execution of a Subdivision Agreement between Pinnacle Investments Limited and the Corporation of the Town of Pickering respecting the devel- opment of Lots 36-46, Plan 355 and Blocks C and D, Plan 239, Pickering (Draft Plan 18T-78120(R) WHEREAS Pinnacle Investments Limited proposes to subdivide and register a plan of subdivision of Lots 36-46, Plan 355 and Blocks C and D, Plan 239, Pickering; and WHEREAS that proposal has been approved by the Council of the Corpora- tion of the Town of Pickering and the Minister of Housing, subject to several conditions, one of which requires the entering into of a satis- factory Subdivision Agreement between Pinnacle Investments Limited and the Corporation of the Town of Pickering; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form attached hereto as Schedule "D", between Pinnacle Investments Limited and the Corporation of the Town of Pickering respecting the subdivision of Lots 36-46, Plan 355 and Blocks C and D, Plan 239, Pickering (Draft Plan 18T-78120(R). BY-LAW read a first, second and third time and finally passed this 4th day of October , 1982. Schedule "A" to B~;-law Number 1568/82 THIS AGREEMENT made in triplicate this day of , 1982. BETWEEN : PINNACLE INVESTMENTS LIMITED hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and- hereinafter called the "Encumbrancers" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide Part Lot 36 and all of Lots 37-46, inclusive, Plan 355 and Blocks C and D and Right-of-Way, Plan 239, in the Town of Pickering in the Regional Municipality of Durham, and with the consent of the Encumbrancers, to register a plan of subdi- vision of those lands, as shown on a draft plan of subdivision prepared by Otto Ertl, Ontario Land Surveyor, designated as Draft Plan Number 18T-78120(R); and WHEREAS, the Encumbrancers have certain rights or interests in the nature of encumbrances relating to the lands affected hereby; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the said proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: - 2 - PART 1 - PROPERTY DESCRIPTION 1. LAND AFFECTED The lands affected by this Agreement are: ALL AND SINGULAR those certain parcels or tracts of land and prem- ises, situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of, FIRSTLY, that part of Lot 36 and all of Lots 37, 38, 39, 40, 41, 42, 43, 44, 45 and 46 according to a plan registered in the Reg- istry Office for the Registry Division of Durham (No. 40) as Plan 355, now designated as Parts 1, 2, 3, 4, 5 and 6 on a reference plan deposited in the Land Titles Office for the said Registry Division as Plan 40R- ; and SECONDLY, all of Blocks C and D and' Right-of-Way according to plan registered in the said Registry Office as Plan 239, now designated as Parts 7, 8, 9 and 10 on the said reference plan 40R- - 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 or authorized system by the under subsection 4, above, shall be undertaken prior to preliminary acceptance of the sewer Town except in an emergency. - 4 - PART 2 SERVICES (Cont'd) 5. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the relevant municipal services provided for herein, the Owner agrees to rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdivi- sion. (2) The Owner further agrees to keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utili- ties. 6. ROADS PAVED (1) The Owner agrees to construct the roads shown on the plan of subdivision and Begley Street, between Bayly Street and the south side of Tanzer Court, according to the specifications for paved roads of the Town in effect at the date hereof. (2) The specifications for boulevard grading, sidewalks, bicycle paths and sodding shall apply to existing roads adjacent to the plan of subdivision, including Bayly Street. (3) The Owner covenants and agrees that, until assumption by the Town, it will maintain and repair roads both within and out- side 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 dust, refuse, rubbish or other litter of all types. (4) The Owner will erect and maintain adequate signs to warn all persons using the roads in the plan of subdivision that the maintenance of them has not been assumed by the Town from the time %hat they are,opened until formal assumption by the Town. (5) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 7. CURBS & GUTTERS (1) The Owner agrees to construct curbs and gutters on the roads shown on the plan of subdivision according to the specifica- tions of the Town in effect at the date hereof and to main- tain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with re- spect to a driveway, the Owner shall construct a curb depres- sion in the correct location and fill in the original curb depression according to the said specifications. 8. SIDEWALKS & BICYCLE PATHS (1) The Owner agrees to construct, a sidewalk, (a) (i) on each side of Wayfarer Lane; (ii) on the south side of the east-west portion and the west side of the north-south portion (as far south as Block 21) of Tanzer Court; - 5 - PART 2 - SERVICES (Cont'd) 8. SIDEWALKS & BICYCLE PATHS (Cont'd) (iii) on the west side of Albacore Manor; and (iv) on the east side of Begley Street between Bayly Street and Tanzer Court and the west side of St. Martin's Drive adjacent to the plan of subdi- vision; and (b)' a combination sidewalk and bicycle path on the south side of Bayly Street adjacent to the plan of subdivi- sion; 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) In lieu of the construction of the combination sidewalk and bicycle path referred to in clause (b), above, the Owner may pay, prior to the registration of the plan, the sum of $3,350, and be relieved of the obligation to construct such facil- ities. 9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STPdEET LIGHTING (1) (2) (3) (4) (5) Underground electric distribution shall be provided for all residential lots and blocks within the plan of subdivision and for Block 26 according to the standards and specifica- tions 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 street lighting, including poles and other necessary appurtenances for the lighting of all streets including boundary roads and pedestrian walkways on the plan. 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. The installation of all works provided for in this section shall be constructed under the supervision and inspection of Picketing Hydro-Electric Commission and Pickering Cable T.V. Limited, as the case may be. 10. INSPECTION OF WORK 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. PART 2 - SERVICES (Cont'd) 1t. 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. 12. 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 guar- antee the satisfactory completion of the work and 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, bond, or a combination thereof. (3) The Owner may, from time to time, apply for a reduction in the security and such application shall be made to the Town Treasurer. (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. - 7 - PART 2 - SERVICES (Cont'd) 13. 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 in accordance with the Grading .Control Plan, under the supervi- sion 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. 14. INCOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notification be without effect within fourteen (14) 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 but the Owner shall be forthwith notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. - 8 - PART 2 - SERVICES (Cont'd) 14. INCOMPLETED OR FAULTY WORK (Cont'd) (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and 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. 15. DEDICATIONS The Owner shall dedicate as public highway, upon the registration of the final plan, or convey, free and clear of all encu~rances, within the thirty (30) days immediately following the registration of the final plan, the lands indicated in Column I of the follow- ing Table to the respective authority named in Column II of the Table: Table Colum I Column II Albacore Manor The Corporation of the Town of Pickering Tanzer Court The Corporation of the Town of Pickering Wayfarer Lane The Corporation of the Town of Pickering 16. TRANSFERS - CONVEYANCES (1) The Owner shall convey free and clear of all encumbrances, at no cost to the Grantee, upon the registration of the plan or within the thirty (30) days immediately following the regis- tration of the final plan, the lands indicated in Column I of the following Table to the respective authority named in Column II of the Table: Table Column I Column II Block 25 (Road Widening Bayly Street) The Regional Municipality of Durham Block 24 (Reserve Bayly Street) The Corporation of the Town of Pickering Blocks 22 & 23 (Reserves - St. Martin's Drive) The Corporation of the Town of Pickering Blocks 17 & 18 (Reserves - Begley Street) The Corporation of the Town of Pickering PART 2 - SERVICES (Cont'd) 16. TRANSFERS - CONVEYANCES (Cont' d) Table (Cont'd) Column I Column II Blocks 20 & 21 (Walkways) The Corporation of the Town of Pickering Block 26 (Pumping Station) The Regional Municipality of Durham (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. 17. TRANSFERS EASEMENTS (i) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm sewer services both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (2) Such easements shall be subject to the approval of the 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. 18. STREET NAMING The Owner shall Column I of the following Table, II of the Table: Column I name, on the final plan, the streets indicated in with the name set out in Column Table Street running southerly from Tan zer Court between Blocks 12 and 16 Street running westerly from St. Martin's Drive to Tanzer Court Column II Tanzer Court Albacore Manor Wayfarer Lane Street running easterly & southerly from Begley Street to Block 8 - 10- PART 2 - SERVICES (Cont'd) 19. 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. 20. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and side- walk, 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 contin- uation to existing services, to join into the same, including adjustment of grades where necessary, in a good and work- manlike manner. (c) Public Lands - Fill & Debris (±) 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 construction of roads in the plan of subdivision, without the written consent of the authority respon- sible 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 subclause (i), above. (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 serv- ing the development 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 quan- titative 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. (f) 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 ren- dered by the Town. - 11 PART 2 - SERVICES (Cont'd) 20. GENERAL PROVISIONS - SERVICES (Cont'd) (f) Relocation of Services (Cont'd) (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 designated by the Director of Public Works. (i) Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designated by the Director of Public Works. (j) Engineering Drawings Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivision, with amendments, if any, noted thereon. (k) Snow Plowing & Sanding of Roads (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 existing 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 con- ditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. (1) 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. - 12 PART 3 CONSTRUCTION & OCCUPANCY OF BUILDINGS CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) 21. 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: (±) Sewer and water facilities are installed and in oper- ation 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 immed- iately in front of the building or part thereof and extended to an existing maintained 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 constructed on the said road and extend to an existing maintained public road. (4) (a) The Owner agrees with the Town that should any buildings 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 roads are 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. 22. TIME LIMIT FOR CONSTRUCTION (i) (2) (3) The Owner agrees to construct or cause to be constructed, in the plan, eighty-one (81) housing units, all of which shall be completed within three (3) years of the date of registra- tion of the plan. In the event that any or all of the units to be constructed are to be constructed as street townhouses, the Owner agrees that no more than six (6) such townhouses shall be erected on any block. In the event that more or less than eighty-one (81) housing units are to be constructed in the plan, an amendment to this Agreement shall be required. - 13 PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS ICont'd) 23. 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. (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. (2) (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: (±) the location of all buildings and structures to be erected and the location of all facili- ties and works associated therewith; (ii) the location of landscaping features, includ- ing trees to be preserved; (iii) streetscape for front and rear elevation at a scale acceptable to the Director; (iv) streetscape to show all street furniture and vegetation; (v) the relationship of buildings by blocks; and (vi) any other data or information required. (~) or $1~500 per ing permit is rc~ceived lng unit on B',~. Block 7~ .~tn~ " : ,mil levy in the amount .... ! ~ ~ unit for which a build- :~ the most southerly dwe]l- ~ortherly dwelJin,~ unit on 'x,ts on Block 6. (2) No building p ~ r, it shall be issued ~c r ~n'.' dwelling unit unless paymeo~, . ~ the u~it levy sba-' :~v¢ L,en made in advance of tbr ',.~suance of such per~,[ ' w~ LN v, sL~ec% to su, Fn dwe.ll iug ~t (3) Payments of such levies shall be ma~ > ~h~ 2~...u- r .; to time as building permits are req~.x- ~d. (4) In ans. eve. mt, the Owne~ shall pay all levies due under ?7o%is~ons f '.,~:s sec: i,J~ in full, no la%er than eighteen ~i8) mr~nths f:ci, the u.~'. : ~gistr~ti~n ~f '-b~ plan. ~mfThR OF CREDIT mhe Owner shall, imm..diately 2 ~'~ t:o the plan, deposit with tl~e Town, an i?r~3vocab' payable to the Town, ~.n a form sq(i~facto sum of $121,500 as s~curity co the T~.wn, roi r b ~ (a) the paymeuts ~efr~ured ~on secti'.,~ h, , -or; and (b) the payment of liquidated damages referred to in subs~-ctJon (4) of section 21 hereof. (a) Taxes To pay the ta;:'~ .t.n ftC' [ said plan of ,.<-d', ivJs~c :~ ti me. (b) Local £r<~ove~ *':, s (d) , -;i.iaticn Fees lay ]1 ! ' '~ ~,~, :~ costs inc,:, · - 15 - PART 4 - FINANCIAL MATTERS (Cont'd) 26. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd) (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 any claims, actions or demands for mechanics' liens or otherwise and all costs in connection therewith. 27. 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 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. 28. TERMINATION OF LEVY/OCCUPANCY SECURITY (1) The letter of credit required to be deposited with the Town pursuant to the provisions of section 25, 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. - 16 PART 5 - PARKS & TREES 29. PROVISION OF PARKLAND The Owner shall convey to the Town, free and clear of all encumbrances, at no cost to the Town, upon the registration of the plan or within thirty (30) days thereof, all of Block 19, for park purposes. (2) Prior to the registration of the plan herein, the Owner shall pay to the Town the sum of $1,207. 84 for park purposes. (3) The Town agrees to accept the conveyance and the payment referred to above in full satisfaction of the Owner's obliga- tion to convey parkland to the Town. 30. FENCING (1) The Owner shall erect, upon the completion of final lot grading and seeding or sodding the lands in the subdivision, a permanent fence of nine (9) gauge, galvanized steel link fencing, having 0.05 metre mesh, (a) 1.5 metres high, (i) along the easterly boundary of the plan adjacent to Blocks 22 and 23; (ii) along the northerly boundary of Blocks 1, 2, 3 and 4; (±±±) along the westerly boundary of the plan adjacent to Blocks 17 and 18; (iv) along the southerly boundary of the plan adjacent to Blocks 7, 8 and 15; and (b) 1.8 metres high, (i) around the entire boundary of Block 19, except for walkway openings; (ii) along the easterly and westerly boundaries of Block 20; (iii) along the northerly and southerly boundaries of Block 21. (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. (3) The Owner shall further erect, at the time the fencing referred to in subsection (1) is erected, vehicle barriers on Blocks 20 and 21; such barriers to be constructed in accordance with specifications therefor and to the satisfaction of the Director of Public Works. 31. DRAINAGE ONTO OPEN SPACE/PARKLAND (1) The Owner shall ensure that the lands within the subdivision do not drain surface run-off water onto Town owned parkland, open space or walkways. - 17 - PART 5 PARKS & TREES (Cont'd) 31. DRAINAGE ONTO OPEN SPACE/PARKLAND (Cont'd) (2) Where this is not possible, the Owner shall install within the parkland, open space or walkways, as the case may be, at a distance no greater than six (6) metres from the property line, suitable swales and catch basins to adequately manage, in the opinion of the Director of Parks and Recreation, all surface run-off water, draining onto the parkland open space or walkways from the lands within the subdivision. 32. LANDSCAPE PLANNING (1) The Owner agrees that prior to the issuance of mits for any of the units to be erected on the shall submit a landscaping plan for all of the blocks on the plan to the Town for approval. building per- lands, it lots and (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". 33. TREE PLANTING (1) The Owner shall plant on the boulevards within the plan or immediately adjacent thereto, trees of a size, number and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. (3) 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 $70 per unit for tree planting in a public land area within the community in which the plan is located. 34. TREE PRESERVATION (1) The Owner agrees to retain, at its own expense, a qualified person to determine which of the existing trees shall be preserved. (2) The aforementioned qualified person 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. - 18- PART 6 GENERAL PROVISIONS 35. 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. 36. CANCELLATION OF AGREEMENT In the event the complete plan of subdivision is not registered on or before January 9th, 1983, 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. 37. NOTICE Any notice required to be given hereunder may be given by reg- istered mail addressed to the other Party at its principal place of business and shall be effective as of the second day immed- iately following the date of the deposit thereof in the Post Office. 38. ENCUMBRANCERS The Encumbrancers agree 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. 39. 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 of the verb agreeinq therewith shall be construed accordingly. (2) The provisions in Schedules "A", "B" and "C" attached hereto shall form part of this Agreement. 40. TIME Time shall be of the essence of this Agreement. 41. 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. 19 - PART 6 - GENERAL PROVISIONS (Cont'd) IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corpor- ate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED PINNACLE INVESTMENTS LIMITED Per: THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk SCHEDULE "A" 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & ~IATERIALS (1) (2) Save as herein otherwise provided, the Owner agrees to com- plete 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. DEMOLITION OF EXISTING BUILDINGS All 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. WALKWAY TREATMENT The Owner agrees to construct a walkway, (a) between the curb on Albacore Manor and the northerly boundary of Block 19, along Block 20, across the full width thereof; and (b) between the curb on Tanzer Court and the easterly boundary of Block 19, along Block 21, across the full width thereof, according to the specifications of the Town and to maintain such walkway until it is formally accepted by the Town. 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 report prepared by Valcoustics Canada Limited, dated July 10th, 1981, being the report referred to in section 3 of Schedule "C" to this Agreement, have been carried out in accordance with those provisions. SCHEDULE "B" 1. INDUSTRIAL/COMMERCIAL COMPONENT (1) The Owner shall construct within the Town of Pickering, (a) industrial buildings having a total floor area of not less than 6,781.7 square metres, (b) commercial buildings having a total floor area of not less than 4,350.8 square metres, or (c) a combination of industrial buildings and commercial buildings having a total floor area such that, for 73 of the 81 residential units to be constructed pursuant to the provisions of section 22(1) of this Agreement, there shall be 92.9 square metres of industrial building or 59.6 square metres of commercial building constructed, and, based on the Town's 40 (industrial) - 60 (residential) and 30 (commercial) - 70 (residential) ratios, the OWner shall be entitled thereby to 81 credits upon which the same number of residential building unit permits may be issued. (2) The Town acknowledges that 8 of the 81 residential units to be constructed are replacing 8 pre-existing units and conse- quently the Owner is entitled to 8 further credits upon which the same number of residential building permits may be issued. (3) The required industrial or commercial buildings shall be completed according to the following time limits: (a) on or before December 31st, 1986, sufficient industrial buildings, commercial buildings, or a combination thereof, to provide 19 residential building unit credits; and (b) on or before December 31st, 1987, sufficient industrial buildings, commercial buildings, or a combination thereof, to provide the balance of the residential building unit credits referred to in subsection (1), above. (4) If, on the 1st day of January in any year from, after and including 1987, the required industrial or commercial build- ings have not been constructed, then commencing in 1987, the Owner shall pay annually to the Town on the 15th day of January in each year, liquidated damages in the amount of $350 for every existing residential unit, or part thereof, for which a residential building unit credit has not been earned. (5) For the purpose of determining the number of residential building unit credits earned as the result of the construc- tion of industrial buildings, commercial buildings, or a combination thereof, the per unit requirements set out in clause (c) of subsection (1), above, shall be used. (6) The Owner shall leave deposited with the Town, its perform- ance security in the a~ount of $128,000 to guarantee the satisfactory completion of the required industrial or com- mercial buildings on or before the dates set out in subsec- tion (3), above, and to secure the payment of any liquidated damages that may become payable under subsection (4), above. (7) The Parties hereto acknowledge that, in the event that the Town's policy respecting the requirement to provide an indus- trial/commercial component as set out herein is amended, varied, rescinded or altered in any way, the terms of this Agreement shall be a~ended accordingly. SCHEDULE "C" 1. SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF HOUSING The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval, dated November 12th, 1980 of Draft Plan 18T-78120(R) by the Minister of Housing and these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any way to any of the other provisions of this Agreement. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A."), MINISTRY OF NATURAL RESOURCES ("M.N.R.") & MINISTRY OF THE ENVIRONMENT ("M.O.E.") - ENGINEERING & DRAINAGE REPORT The (a) (b) Owner shall, prepare a detailed Engineering and Drainage Report, accept- able to M.T.R.C.A. , M.N.R. and M.O.E., describing, <i) the storm water management techniques which will be employed to minimize the amount of storm water directed into Frenchman's Bay; and (ii) the development and construction techniques and safe- guards which will be used to control and minimize the effects of erosion and siltation on the site prior to, during and after the construction period, and carry out, or cause to be carried out, the works recommended in the Report required in (a). MINISTRY OF THE ENVIRONMENT ("M.O.E.") NOISE ATTENUATION (1) The Owner shall, (a) prepare a noise report providing for intended noise attenuation measures to the satisfaction of M.O.E.; and (b) carry out, or cause to be carried out, such measures to the satisfaction of M.O.E. The Owner agrees that, in the event that a slight noise level excess will remain, despite the implementation of the noise control features, it will provide for registration on all offers of purchase and sale agreements the following warning clause: "Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual building units, noise levels may continue to be of concern, occasionally interfering with some activities of the dwelling occupants." SCHEDULE "D" PHASING (1) It is acknowledged and agreed that the Owner shall develop the plan of subdivision in two phases, as shown on Map I, attached hereto. (2) The phasing of the development shall be limited to the phas- ing of the construction of services and residential units, and shall not include the phasing of the registration of the plan. (3) (a) The development of the First Phase of the Plan shall commence on or before December 31st, 1983. (b) The development of the Second Phase of the Plan shall commence on or before December 31st, 1984. (4) The provisions of the sections set out in the following Table shall be applicable to both Phases but shall only take effect with respect to any Phase upon the commencement of develop- ment of that Phase. Table Sections 4, 5, 6, 7, 8(1), 9, 12, 13, 30 and 33 Schedule "A" - Section 3 (5) The provisions of section 22 shall be Phases but shall take effect so as to units to be completed as follows: applicable to both require the housing (a) twenty-seven (27) units within 2 years of the date of registration of the plan; and (b) a further fifty-four (54) units within 3 years of the date of registration of the plan. (6) The provisions of the sections set out in the following Table shall be applicable to both Phases and shall take effect upon the registration of this Agreement, subject to the provisions of subsection (5) of this section. Table Sections 1, 2, 3, 8(2), 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, 37, 38, 39, 40 and 41 Schedule "A" - Sections 1, 2 and 4 Schedule "B" - Section 1 Schedule "C" - Sections 1, 2 and 3 Schedule "D" - Section 1, Map I Schedule "F" - Section 1 SCHEDULE "D" - MAP I Z 4 CoU~T ]3 6 ,LANE ,9 SCHEDULE "E" 1. FUTURE CONTRIBUTIONS TO SHARED SERVICE COSTS (1) Within sixty (60) days of the acknowledgement, by the Town's Director of Public Works, of the completion of, (a) storm sewers, as provided for in section 4 of this Agreement; (b) roads, as provided for in sections 5 and 6 of this Agreement; (c) curbs and gutters, as provided for in section 7 of this Agreement; (d) sidewalks and bicycle paths, as provided for in section 8 of this Agreement; and (e) street lighting, as provided for in section 9 of this Agreement; the Owner's consulting engineer shall provide to the Town, in a form satisfactory to the Town, a detailed summary of the actual cost, to the Owner, of the storm sewers, roads, curbs and gutters, sidewalks and street lighting. (2) Within thirty (30) days of the receipt by the Town of the summary referred to in subsection (1), 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, if any, outside the plan of subdivision that the said works shall be deemed to benefit (the "benefitting lands") for the purposes of this section and the conditions, if any, under which such lands shall continue to be benefitting lands; (b) the portion of the Owner's actual cost, referred to in subsection (1), that the Town shall deem to be be applic- able to the benefitting lands (the "shared cost") for the purposes of this section; and (c) the method or methods that shall be employed to pro-rate the shared cost to the benefitting lands, and that determination shall be final. (3) In the event that the benefitting lands, or any part thereof, are to be developed by plan of subdivision, plan of condo- minium or any other method requiring a Development Agreement, 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 according to the method or methods referred to in subsection (2), and (b) adjusted annually, for a maximum of five (5) years from the date of notification referred to in subsection (2), according to the Southam Construction Cost Index for Ontario, composite portion. (4) In consideration of the Town approving the plan of subdi- vision and entering into this Agreement with this section included, the Owner hereby, (a) remises, releases and forever discharges, and SCHEDULE "E" (Cont'd) 1. FUTURE CONTRIBUTIONS TO SHARED SERVICE COSTS (Cont'd) (b) agrees to indemnify and save harmless, the Town, its officers and employees and their respective heirs, executors, 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. 0 0 0 ~H