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HomeMy WebLinkAboutBy-law 1394/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1394/81 Being a By-Law to authorize the execution of a Subdivision Agreement between the Corporation of the Town of Pickering and J.D.S. Investments Limited respecting Part Lots 20 and 21, Concession 1, Pickering (Draft Plan 18T-79008(R) WHEREAS, J.D.S. Investments Limited has proposed to subdivide and reg- ister a plan of subdivision of Part Lots 20 and 21, Concession 1, Pickering as shown on draft plan of subdivision dated November 20th, 1979, as revised, and designated as Draft Plan Number 18T-79008(R); and WHEREAS, such proposal has been approved by the Council of the Corpor- ation of the Town of Pickering and the Ministry of Housing, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement between J.D.S. 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: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form attached hereto as Schedule "A", between the Corporation of the Town of Pickering and J.D.S. Investments Limited, respecting the subdivision of Part Lots 20 and 21, Con- cession 1, Pickering (Draft Plan 18T-79008(8). 2. By-Law 1273/81 and By-Law 1338/81 are hereby repealed. READ a first, second and third time and finally passed this 2nd day of November , 1981. Clerk i wl%Zrb`? SCHEDULE'R' to By-law 1394/81 THIS AGREEMENT made in quadruplicate this day of 1981. B E T W E E N J. D. S. 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 - THE BANK OF NOVA SCOTIA having its Head Office in the City of Halifax, in the Province of Nova Scotia and its Executive Offices in the City of Toronto, Province of Ontario hereinafter called the '.'Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide certain parts of Lots 20 and 21, Concession 1, in the Town of Pickering in the Regional Munici- pality of Durham, and with the consent of the Encumbrancer to register a plan of subdivision of those lands, as shown on a draft plan of subdivision prepared by Schaeffer & Reinthaler Limited, Ontario Land Surveyors, dated October , 1981, designated as Draft Plan Number 18T-79008(R); and WHEREAS, the Encumbrancer has 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 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 those parts of Lots 20 and 21, Concession 1, Pickering, des- ignated - 3 - PART 2 - SERVICES 2 3 4. 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. CONSULTING ENGINEERS (1) The Owner agrees to retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the neces- sary 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. 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 accep- tance 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. - 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 according to the specifications for paved roads of the Town in effect at the date hereof including such boundary or approach roads as may be necessary to provide an adequate access. (2) The specifications for boulevard grading, sidewalks and sod- ding shall apply to existing roads adjacent to the plan of subdivision. (3) The Owner covenants and agrees that, until assumption by the Town, it will maintain and repair the roads within the plan of subdivision and those parts of existing Sheridan Mall Parkway (Industrial Road) and Valley Farm Road 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 dust, refuse, rub- bish 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 that 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, (a) on both sides of all the roads shown on the plan of subdivision, and (b) on the east side of Valley Farm Road adjacent to Blocks 17 and 19, 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. j i I - 5 - PART 2 - SERVICES (Cont'd) 8. SIDEWALKS The Owner agrees to construct a sidewalk, (a) on both sides of Sheridan Mall Parkway (both portions), Diefenbaker Drive and The Esplanade South; (b) on the west side of Valley Farm Road, as realigned and widened, between the northerly limit of Block 16 and the northerly limit of Sheridan Mall Parkway (westerly portion); and (c) on the east side of Valley Farm Road, as realigned, between the southerly limit of Diefenbaker Drive and the southerly limit of Block 11; 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. 9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING (1) Underground electric distribution and cable television ser- vices shall be provided for all blocks within the plan of subdivision according to the standards and specifications of the appropriate authority. (2) The Owner agrees to pay all costs of installation of street lighting, including poles and other necessary appurtenances for the lighting of all streets on the plan, and Valley Farm Road. (3) Half of the costs referred to in subsection 2 relating to that part of Valley Farm Road adjacent to Blocks 17 and 19 shall be paid by the Town upon receipt by it of, (a) invoices supported by engineering certificates verifying completion; and (b) evidence of inspection and approval of Pickering Hydro- Electric Commission. (4) 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) 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. 10. INSPECTION OF WORK (1) All 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. - 6 - PART 2 - SERVICES (Cont'd) 11. 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 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, 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 bal- ance 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. 14. 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 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 or planted areas, upon the completion of the construction of buildings thereon. 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 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) (a) 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. (b) 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) (c) 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 inconven- ience 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 encumbrances, 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 16 Column I Sheridan Mall Parkway (Both Portions) The Esplanade South Diefenbaker Drive Valley Farm Road (Realignment & Widening) Column II The Corporation of the Town of Pickering The Corporation of the Town of Pickering The Corporation of the Town of Pickering The Corporation of the Town of Pickering 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 reg- istration 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 Blocks 20, 21, 22, 23, 26 & 27 (Reserves - Sheridan Mall Parkway) Column II The Corporation of the Town of Pickering Block 17 (Reserve - The Esplanade South & Valley Farm Road) The Corporation of the Town of Pickering - 9 - PART 2 - SERVICES (Cont'd) 16. TRANSFERS - CONVEYANCES (Cont'd) Table Column I Block 19 (Reserve - Sheridan Mall Parkway & Valley Farm Road) Column II The Corporation of the Town of Pickering Block 25 (Reserve - Diefenbaker Drive) The Corporation of the Town of Pickering (2) Notwithstanding the provisions of subsection (1), above, a transfer of any reserve block 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 service or utility existing as of the date of this Agreement. 17. 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 Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements 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 name, on the final plan, the streets indicated in Column I of the following Table, with the respective names set out in Column II of the Table: Table Column I Southwesterly east-west street Column II Sheridan Mall Parkway Southeasterly east-west street Northwesterly east-west street Northeasterly east-west street Sheridan Mall Parkway The Esplanade South Diefenbaker Drive North-south street Valley Farm Road - 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 workman- like 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 construction of roads in the plan of subdivision with- out 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 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 quanti- tative 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 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. (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. - 11 - PART 2 - SERVICES (COnt'd) 20 GENERAL PROVISIONS - SERVICES (Cont'd) (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 condi- tions 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 21. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) 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 adequate 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 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 residen- tial 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 residential building or part thereof so occupied as liquidated damages therefor. (b) The issuance by the Town of municipal occupancy permits for each and every residential 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 (1) The Owner shall construct or cause to be constructed, on Blocks 7-10, inclusive, and 12-15, inclusive, six hundred (600) housing units, all of which shall be completed within two (2) years of the date of registration of the plan. (2) Any proposed deviation from the requirements of subsection (1) shall require a prior amendment to this Agreement. - 13 - PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'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: (i) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; (ii) the location of landscaping features, including trees to be preserved; streetscape for front and rear elevation at a scale acceptable to the Director; (iv) streetscape to show all street furniture and veg- etation; (v) the relationship of buildings by blocks; and (vi) any other data or information required. - 14 - PART 4 - FINANCIAL MATTERS 24. 25. 26. FINANCIAL PAYMENTS (1) The Owner agrees to pay to the Town a unit levy in the amount of $1,000 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. 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 $900,000 as security for: (a) the payments referred to in section 24 hereof; and (b) the payment of liquidated damages referred to in subsection (4) of section 21 hereof. 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 said plan of subdivision, as required by law from time to time. (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. - 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 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 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. 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 secur- ity 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 (1) The parties acknowledge that the Owner has conveyed to the Town, free and clear of all encumbrances and at no cost to the Town, those parts of Lots 20 and 21, Concession 1, Pickering, designated as Parts 1, 3, 8 and 9, Plan 40R-6545, comprising 4.554 hectares (11.254 acres) of which 2.974 hectares (7.35 acres) shall constitute the parkland dedica- tion required for the residential development of Blocks 7, 8, 9, 10, 12, 13, 14 and 15 of the subdivision. (2) It is acknowledged and agreed that, in calculating the above- mentioned 2.974 hectares (7.35 acres) parkland requirement, any future residential development of Blocks 1-6, inclusive, 11 and 16 was not taken into account and consequently, upon any residential development of any of those blocks, further parkland dedication shall be required. (3) The Parties further acknowledge and agree that, as of the date of this Agreement, the Owner shall be credited with a surplus parkland dedication in the amount of 1.58 hectares (3.904 acres) which credited surplus may be used by the Owner to offset parkland dedication requirements for future resi- dential development within the Town's Town Centre Community. 30. FENCING (1) The owner shall erect, upon the completion of final lot grading and seeding or sodding the lands in the subdivision, (a) a permanent fence of nine (9) gauge, galvanized steel link fencing, having 0.05 metre mesh, 1.8 metres high, (i) along the boundary of the subdivision adjacent to Blocks 1, 2, 5, 26 and 9; (ii) along the southerly boundary of Blocks 3; 4 an d 5; (b) a permanent fence of nine and three quarter (9-3/4) gauge, nine (9) strand, galvanized steel farm fence, 1.22 metres high, having maximum 0.10 x 0.40 metre mesh, (i) along the boundary of the subdivision adjacent to Blocks 3, 27, 8, 10, 11 and 16; and (ii) along the northerly boundary of The Esplanade South. (2) The fencing required to be constructed pursuant to clause (a) of 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) Notwithstanding the provisions of subsection (1), should, (i) the Ministry of the Environment, or (ii) the provisions of any subsequent Development or Site Plan Agreement with the Town, require a fence or barrier, of a type, height or construction other than that required by subsection (1), to be erected in - 17 - PART 5 - PARKS & TREES (Cont'd) 30. FENCING (Cont'd) any location referred to in subsection (1), or in any other location in the plan of subdivision, then in that event the provisions of subsection (1) shall be deemed to be amended accordingly, and the provisions of subsection (2) shall apply. 31 32 33. (4) The Owner shall further erect, at the time the fencing referred to in subsection (1) is erected, vehicle barriers on Blocks 18, 21, 26 and 27; such barriers to be constructed in accordance with specifications therefor and to the satisfac- tion of the Director of Public Works. 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. (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. LANDSCAPE PLANNING (1) The Owner agrees that prior to the issuance of building per- mits 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". TREE PLANTING (1) The owner shall plant on the lands, 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 $50 per unit for tree planting in a public land area within the community in which the plan is located. - 18 - PART 5 - PARKS & TREES (Cont'd) 34. 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. f - 19 - 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 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. 37. NOTICE Any notice required to be given hereunder shall be given by delivery to the other Party at its principal place of business as follows: Owner: Office of the President J.D.S. Investments Limited 1000 Finch Avenue 'Rest Downsview, Ontario M3J 2E7 Town: Office of the Town Manager Town of Pickering 1710 Kingston Road Pickering, Ontario L1V 1C7 Encumbrancer: The Bank of Nova Scotia 44 King Street West Toronto, Ontario and shall be effective as of the day of delivery. 38. ENCUMBRANCER The Encumbrancer agrees with the Town that this Agreement shall have priority over and take precedence over any rights or inter- ests 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 words "Owner" and "Encum- brancer" and the pronoun "it" is used, they shall be read and construed as "Owner or Owners", "Encumbrancer or Encumbran- cers" and "his", "her" or "their", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) The provisions in Schedules "A", "B" and "C" attached hereto shall form part of this Agreement. -20- PART 6 - GENERAL PROVISIONS (Cont'd) 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. IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED J.D.S. INVESTMENTS LIMITED President THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk In Witness Whereof, I WILLIAM EDGAR BAILEY, being the attorney in fact duly appointed for The Bank of Nova Scotia by power of attorney registered in the Land Titles Office in and for Durham as Number LTD 75524, have hereunto set my hand this day of , 1981. In the presence of: THE BANK OF NOVA SCOTIA, By Its Attorney William Edgar Bailey SCHEDULE "A" 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (1) 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. (2) 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 Eighteen months from the date of Services the registration of the plan of subdivision (b) Aboveground Two years from the date of the Services registration of the plan of subdivision 2. TEMPORARY TURNING CIRCLES Notwithstanding the provisions of sections 6, 7 and 8 of this Agreement, the owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle at the westerly end of the easterly portion of Sheridan Mall Parkway, which shall be removed and replaced with permanent services at the owner's expense, when the road is extended. 3. 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. 4. FUTURE DEVELOPMENT (1) Block 11 shall be reserved for future development and be developed only following the entering into of a Site Plan/ Development Agreement pursuant to the provisions of section 40 of the Planning Act, R.S.O. 1980, chapter 379, as amended from time to time, or any successor thereto. (2) Block 6 shall be reserved for future non-residential develop- ment and shall be developed only following, (a) resolution of land acquisition/exchanges pertaining to the future widening of Highway 401; and (b) the entering into of a Site Plan/Development Agreement pursuant to the provisions of section 40 of the Planning Act, R.S.O. 1980, chapter 379, as amended from time to time, or any successor thereto. SCHEDULE "A" (Cont' d) 5 6 DEVELOPMENT/SITE PLAN AGREEMENTS Notwithstanding any other provisions of this Agreement or any Schedule hereto, the development of Blocks 1-5, inclusive, 7-10, inclusive, 12-15, inclusive and 16, or any of them, shall not commence until such time as a Site Plan/Development Agreement, pursuant to the provisions of section 40 of the Planning Act, R.S.O. 1980, chapter 379, as amended from time to time, or any successor thereto, has been entered into respecting the block or blocks to be developed, and such Agreement has been registered on title thereto. SHERIDAN MALL PARKWAY CONNECTING LINK (1) Notwithstanding the provisions of any other section of this Agreement, the Owner shall construct to the Town's standards, a roadway, and associated services, on the Sheridan Mall Parkway connecting link being the lands extending westerly from Block 27, as if the lands were included in the plan of subdivision herein. (2) The total cost of the design and construction of the road and services referred to in subsection (1) shall be borne by the Owner, to a maximum sum of $50,000. (3) Should the cost referred to in subsection (2) exceed $50,000 the excess cost shall be paid by the Town to the Owner upon receipt by the Town of, (a) invoices supported by Engineering Certificates verifying completion and payment therefor; and (b) evidence of inspection and approval by the relevant authorities. (4) For the purposes of the application of sections 12 and 14 of the Agreement, and the guarantee provisions set out in sec- tion 1 of this Schedule, it is hereby agreed that all costs and responsibilities shall be shared by the owner and the Town on a pro-rated basis in the same ratio as the cost of the works borne by the Owner bears to the cost of the works borne by the Town. 7. PRIVATE EASEMENTS & RIGHTS-OF-WAY (1) In the development of Blocks 7, 8, 9 and 10 and of Blocks 12, 13, 14 and 15, the Owner shall provide private easements and rights-of-way on, along, across, over or under such Blocks to ensure that the future owners thereof have: (a) irrevocable rights of access to and from public highways; (b) irrevocable rights to the use of central open space areas; and (c) irrevocable rights to the control of aboveground and underground services. (2) The location, nature, terms and conditions of such easements and rights-of-way shall be subject to the approval of the Town prior to the registration thereof, and shall be regis- tered only in the form approved by the Town. SCHEDULE "A" (Cont'd) 8. PART LOT CONTROL In order to permit the registration of the easements and rights- of-way referred to in section 7 of this Schedule, and in order to permit the severance of Block 14 to provide for the development of two separate apartment buildings thereon, the Town agrees to enact a Part Lot Control By-Law pursuant to the provisions of the Planning Act, R.S.O. 1980, c.379, s.29(10). 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 55,740 square metres (600,000 square feet), or (b) commercial buildings having a total floor area of not less than 35,785 square metres (385,200 square feet), or (c) industrial buildings and commercial buildings having a total floor area such that, for each of the 600 resi- dential units to be constructed pursuant to the provi- sions of section 22(1) of this Agreement, there shall be 92.9 square metres (1,000 square feet) of industrial building or 59.6 square metres (642 square feet) 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 600 credits upon which the same number of residential building unit permits may be issued. (2) The required industrial or commercial buildings shall be completed according to the following time limits: (a) on or before December 31st, 1985, sufficient industrial buildings, commercial buildings, or a combination thereof, to provide 300 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 600 residential building unit credits referred to in subsection (1), above. (3) For the purpose of determining the number of residential building unit credits arising 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. (4) If, on the 1st day of January in any year from, after and including 1986, the required industrial or commercial build- ings have not been constructed, then commencing in 1986, 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 residential unit for which the required industrial or commercial buildings have not been constructed on each preceding January 1st. (5) The Owner shall leave deposited with the Town, its perform- ance guarantee in the amount of $1,050,000 to guarantee the satisfactory completion of the required industrial or cony mercial buildings on or before the dates set out in subsec- tion (2), above, and to secure the payment of any liquidated damages that may become payable under subsection (3), above. (6) The Parties hereby acknowledge that the requirement set out in subsection (1), above, relates only to the credits neces- sary to effect the residential development of Blocks 7-10, inclusive, and 12-15, inclusive; should the ultimate develop- ment of any of Blocks 1-6, inclusive, 11 or 16 be residen- tial, further credits may, at the Town's option, be required. 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 March 25th, 1980, of Draft Plan 18T-79008 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 Agree- ment. 2. NOISE ATTENUATION MEASURES - MINISTRY OF THE ENVIRONMENT Condition 14 of the Minister of Housing's conditions of draft approval requires that a noise report be prepared; provision is hereby made for the incorporation into this Agreement of any intended noise attenuation measures and any other features recom- mended by the Ministry of the Environment. 3. ONTARIO HYDRO (1) Upon their development, the eastern limits of Blocks 5, 7 and 9 shall be fenced by the developer to the satisfaction of Ontario Hydro. Furthermore, drainage from these blocks or lots shall not be directed onto the Ontario Hydro right-of- way without proper agreement. (2) No adverse drainage conditions shall be created on Ontario kydro's property to the east of the subject subdivision as a result of this development. (3) No encroachment or occupation of the Ontario Hydro lands during or after development shall occur without written permission from Ontario Hydro. (4) The existing 13.8 KV electrical distribution line located on the portion of Valley Farm Road which is proposed to be closed shall be relocated to the new road, as shown on the draft plan. 4. SEPARATION BETWEEN USES - MINISTRY OF THE ENVIRONMENT (1) The orientation and site plans for future residential units adjacent to Sheridan Mall Parkway within Blocks 7-10, inclu- sive, and 12-15, inclusive, shall be to the satisfaction of the Ministry of the Environment in order to minimize problems between nearby residential and industrial uses. (2) The owner agrees that maximum separation distances shall be maintained between industrial and residential buildings. 5. DURHAM BOARD OF EDUCATION The Owner shall give notice in all offers of purchase and sale and rental agreements of housing units that the students from this development may have to be transported to existing schools. 4 t It Hi3Hn d rr-?t0 0 r fD H x0 co H ..? 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