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HomeMy WebLinkAboutBy-law 1123/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1123/80 Being a By-law to authorize the execution of subdivision agreement between Hollinger Construction Limited and the Corporation of the Town of Pickering respecting the develop- ment of Lot 31, Plan 350, Pickering (Draft Plan 1ST-77006, revised). WHEREAS, Hollinger Construction Limited has proposed a plan of subdivision for certain lands within the Town of Pickering; and WHEREAS, the Council of the Corporation of the Town of Pickering and the Minister of Housing have approved the said proposal, subject to certain conditions, one of which requires the entering into of a subdivision agreement pursuant to the provisions of subsection 6 of section 33 of The Planning Act, R.S.O., 1970, Chapter 49, as amended; 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 Hollinger Construction Limited and the Corporation of the Town of Pickering, respecting the subdivision of Lot 31, Plan 350, Pickering (Draft Plan 18T-77006, revised). BY-LAW read a first, second and third time and finally passed this 20th day of May , 1980. SCHEDULE "A" to By-law 1123/80 THIS AGREEMENT made this i day of , 1980. BETWEEN: HOLLINGER CONSTRUCTION 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" OT THE THIRD APART. WHEREAS the Owner proposes to register a plan of subdivi- sion of Lot 31, Plan 350, Pickering, as shown on a draft plaz, of subdivision prepared by Bryan T. Davies, O.L.S., dated August 23rd, 1979, as revised in red, and given draft approval by the Minister of Housing on April 3rd, 1980, as Draft Plan Number 1ST-77006; 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 consider- ation of the Town approving the said proposed plan of --,"ivi- sion and the covenants hereinafter e-rpressed, the pai ues hereto covenant and agree one with t:Le other as full.ows: - z - 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 Mun.cipality of Durham and Province of Ontario and being composed of, Lot 31, according to a plan registered in the Registry Office for the Registry Division of Durham as Plan 350. - 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 The Owner agrees to retain a Professional Engineer as the Consulting Engineer of the owner to carry out all the necessary engineering and generally supervise the work required to be done for the development of the subdivision. Such Consulting Engineer, or any suc- cessor 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 including storm connections to the street line and catch basin leads to service Lots 1, 2, 3 & 4 on the said plan of subdivision and adjacent road allowances and to provide capacity for lands upstream thereof, 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. 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 subdivision to service the said Lots and the afore- mentioned lands outside the subdivision, which in the opinion of the Director of Public Works, will require their use as trunk outlets. Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the subdivision, the Owner may be required to carry out such works as are necessary to provide adequate outlets. (2) The Town may connect or authorize connection into any part of the system but such connection shall not constitute final acceptance of the sewer system by the Town. (3) No connection under subsection 2 shall be under- taken or authorized pr:.or to preliminary accept- ance of the sc,rer system by the Town except in an emergency. - 4 - PART 2 - SERVICES ROADS - PAVED The Owner agrees to reconstruct the west half of Rougemount Drive and the south side of Toynevale Road, adjacent to Lots 1, 2, 3 and 4, according to the specifications for paved roads of the Town in effect at the date hereof. The Owner covenents and agrees that until assumption by the Town, it will maintain and repair such streets where construc- tion has taken place. 6. CURBS, GUTTERS AND BOULEVARDS The Owner agrees to construct curbs, gutters and boulevards on Toynevale Road and Rougemount Drive, adjacent to Lots 1, 2, 3 and 4, 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. 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 de- pression according to the said specifications. SIDEWALKS The owner agrees to construct a sidewalk, (a) on the south side of Toynevalle Drive, adjacent to Lot 4, and (b) on the west side of Rougemount Drive, adjacent to Lots 1, 2, 3 and 4, according to the specifications of the Town in effect at the date hereof and to maintain them until they are formally accepted by the Town. 8. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE Underground electric distribution and cable television services shall be provided for all residential lots within the subdivision according to the standards and specifications of the appro- priate authority, and under the supervision and inspection thereof. 9. INSPECTION OF WORK Unless otherwise set out in this Agreement, all works required to be constructed by the Owner shall be installed under the observation of Inspectors employed k,y the Town and the Owner agrees to pay the costs incurreO. (Salaries and Expense) therefor within thirty (30) days of invoices being rendered. - 5 - PART 2 - SERVICES 10. LIABILITY INSURANCE 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 other- wise in connection with the work done by or on behalf of the Owner on the subdivision. The amount of the said policy shall be $1,000,000. In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner agrees to pay the cost of such renewal or renewals within thirty (30) days of the account therefor being rendered by the Town. It shall be the responsibility of the owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 11. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a 100% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works to guarantee the satisfactory completion of the work and to guarantee 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. Such performance and maintenance security may, at the option of the Owner, be made up of cash or irrevocable letter of credit. The Owner may, from time to time, apply for a reduction in the cash or letter of credit and such application shall be made to the Town Manager. Upon written verification of the Director of Public Works that the services for which reduction is being sought have been satisfactorily completed the Town Manager may reduce the amount of the security to any amount not less than ten percent (10%) of the original value, which ten percent 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 deduc- tions for maintenance purposes. (2) Upon the approval, if any, of a reduction in the amount of a security required to be pro- vided in subsection 1, the Town Manager shall. provide to the owner any necessary assurances to effect the reduction. - 6 - PART 2 - SERVICES 12. DRAINAGE - SODDING (1) The Owner agrees to provide the Town, before commencing any of the work provided for herein and prior to the commencement of the develop- ment of the subdivision, with a Grading Con- trol 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 said subdivision. The said Grading Control Plan is to be prepared in accordance with the Town's Lot Drainage spec- ifications in effect at the date of this Agree- ment and is subject to the approval of the Metropolitan Toronto and Region Conservation Authority. (2) The grading of all lands shall be carried out by the owner in accordance with such Grading Con- trol Plan under the supervision of the Owner's Consulting Engineer. If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the sub- division by the Town, the Owner agrees to cor- rect them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. (3) The Owner agrees to sod the front, side and rear yards of each of Lots 1, 2, 3 & 4 except for paved or planted areas, upon the completion of the construction of buildings thereon. 13. INCOMPLETED OR FAULTY WORK If, in the opinion of the Director of Public Works, the owner is not prosecuting or causing to be pro- secuted 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 im- properly 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 ne- glect 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 ef- fect within ten (1.0) clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the owner or his surety, or both. In cases of emergency, in the opinion of the - 7 - PART 2 - SERVICES 13. continued Director of Public Works, such work may be done without prior notice but the owner shall be forth- with notified. The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. It is understood and agreed that such costs shall include a management fee of twenty percent (20%) of the labour and material value, and further, a fee of thirty percent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the pant of the Owner, it being hereby declared and agreed that the assuming by the Owner of the ob- ligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 14. 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 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: Column I Block 5 Column II The Corporation of the Town of Pickering 15. TRANSFERS - EASE1,ENTS The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Work= or his designate shall deem ne- cessary for the provision of storm drainage services both within the boundaries of the development and across lands adjacent to the development but out- side its boundaries. Such easements shall be sub- ject to the approval of the Director of Public Works or his designate as to their location and width. 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. 16. GENERAL PROVISIO14S - SERVICES The Owner agrees with the Town: (a) Driveway Approaches To provide gravelled driveway approaches with culverts, between the edge of the travelled portion of the roadway and the front lot lines of each of Lots 1, 2, 3 and 4. - 8 - PART 2 - SERVICES 16. continued (b) Continuation of Existing Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good work- manlike manner. (c) Public Lands - Fill & Debris To neither dump nor permit to be dumped, any fill or debris on, nor to remove or permit to be removed, without the written consent of the authority responsible for such lands. The Owner shall, on request, supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of this clause. The Owner further agrees that there shall be no burning of refuse or debris upon its lands or any public lands. (d) Qualitative or Quantitative Tests The Director of Public Works may have qual- itative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within thirty (30) days of the account being ren- dered by the Town. (e) Relocation of Services To pay the cost of relocating any existing services and utilities caused by the subdivision work within thirty (30) days of the account for same being rendered by the Town. The Owner further agrees to similarly 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. (f) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (g) Temporary Signs To provide and erect at its own cost, tempt-sry signs at locations designated by the Director of Public Works to the specifications c )L Town. - 9 - PART 2 - SERVICES 16. continued (h) Permanent Signs To provide and erect at its own cost, permanent signs at locations designated by the Director of Public Works to the specifications of the Town. (i) Engineering Drawings Prior to the final acceptance of the subdiv- ision, to supply the Town with the original drawings of the Engineering Works for the subdivision, with amendments, if any, noted thereon. (j) 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 com- pletion of the subdivision work, he has found all standard iron bars as shown on the re- gistered 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 any streets on the registered plan. - 10 - 17. PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS 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 building 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 building shall be made except upon the following conditions: (i) Sewer and water facilities are installed and in operation to adequately serve such building or part thereof; and (ii) Electric service is completed and in operation. 18. (4) The Owner agrees with the Town that should any building or part thereof in the 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. The issuance by the Town of municipal occupancy permits for each and every building on any lot or block in the subdivision shall be deemed to be a release from the provisions of this subsection with respect to that lot or block. TIME LIMIT FOR CONSTRUCTION The Owner agrees to construct or cause to be constructed, four (4) housing units, all of which shall be completed within two (2) years of the date of registration of the plan. 1.9. DESIGN PLANNING (1) The owner agrees that prior to the issuanr of building permits for any of the residential units to be erected on Lots 1, 2, 3 and 4, It shall submit architectural and siting plans for al.i of the re- sidential units on those lots to the Town for approval. The Owner agrees to engage the services of only one architectural firm at one time to co- ordinate the design for all residential units in any phase and that firm is to be the coordinator throughout the design approval process for that phase. ?i PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS 19. (cont'd) (2) The siting plans may be required, at the Town's option, to provide the following information: (a) street scape for front and rear elevation at a scale acceptable to the Director of Planning; (b) street scape to show all street furniture and vegetation; (c) the relationship of buildings by blocks; and (d) any other data or information required by the Town. PART 4 - FINANCIAL MATTERS 20. FINANCIAL PAYMENTS The Owner agrees to pay to the Town, the sum of $1,500 for each dwelling unit for which a building permit is received. No building permit shall be issued for any dwelling unit unless payment of the $1,500 per unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. Payments of such levies shall be made to the Town from time to time as building permits are required. In any event, the Owner shall pay all levies due under the provisions of this paragraph in full, no later than eighteen (18) months from the date of registration of the plan. A letter from the Clerk of the Town advising that the unit levy has been paid shall be deemed to be a release of this section for the lands referred to in the said letter. 21. LETTER OF CREDIT The Owner shall, immediately prior to the registration of the plan, deposit with the Town an irrevocable bank letter of credit payable to the Town, in a form satis- factory to the Town, for the sum of $6,000 as security for: (a) the payments referred to in section 20 hereof, and (b) the payment of liquidated damages referred to in subsection (4) of section 17 hereof. 22. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands in- cluded 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 lards on the said plan of subdivision. (c) Interest To pay interest at the rate of eighteen per --nt (18%) per annum to the Town on all sums of money payable herein which are not paid on the dun dates calculated from such due dates. - 13 - PART 4 - FINANCIAL MATTERS 22, cont'd (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. (e) Lien or other claims Upon applying for financial 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 sup- plied 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. 23. EXPIRY OF SECURITIES (1) The Owner further agrees that should any letter of credit required to be given under the terms of the 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 letter of credit, a further letter of credit to take effect upon the expiry. Such further letter of credit shall be in a form and amount satisfactory to the Town. (2) Should no such further letter of credit be provided as required, then the Town shall have the right to convert the expiring letter of credit into cash and hold the cash in lieu of and for the same purposes as any further letter of credit. -14 - PART 5 - PARKS, TREES, FENCING & LANDSCAPING 25. PROVISION OF PARKLAND (1) Upon the registration of the final plan herein, the Owner shall pay to the Town the sum of $2,450 cash in lieu of the provision of parkland and the Town hereby agrees to accept such sum for such purpose. (2) it is acknowledged and agreed by the Owner and the Town that the payment referred to in subsection (1) relates only to the development of Lots 1, 2, 3 and 4 of this plan, and that, consequently, when Block 6 is ultimately developed by plan of sub- division, as required by section 2 of Schedule "B" hereto, park dedication, or cash in lieu there- of, relating to the development of that block, shall be required. 26. FENCING The Owner shall erect, lot grading and seeding 4, a permanent fence of steel link fencing, 1.5 0.05 metre mesh, along Lots 1 - 4, inclusive. upon the completion of final or sodding Lots 1, 2, 3 and nine (9) guage, galvanized metres high, having maximum the westerly boundaries of 27. LANDSCAPE PLANNING The Owner agrees that prior to the issuance of building permits for any of the units to be erected on the ].ands, it shall submit a landscaping plan for all of the lots and blocks on the plan to the Town for approval. The owner further agrees that upon approval by the Town of a landscaping plan, the landscaping works shown on the plan shall be constructed, installed or planted, as the case may be, in conformance with the landscaping plan according to the time limits set out in Schedule "A". 28. TREE PLANTING (1) The Owner shall plant on the lands, or on the boulevard in front of Lots 1, 2, 3 and 4, in the Town's discretion, trees of a size, number and type acceptable to the Town. A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. A list of acceptable tree species and sizes will be provided. (2) 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. (3) The Owner shall provide at lease one (1) tree per residential unit in the subdivision. - 15 - PART 5 - PARKS, TREES, FENCING & LANDSCAPING 29. TREE PRESERVATION The Owner agrees to retain, at its own expense, a qualified expert in order to determine which of the existing trees shall be preserved. 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. In determining whether or not to approve the Tree Preservation Program, the Director shall be governed by the Town Tree Preservation guidelines in effect as at the date hereof. - 16 - PART 6 - GENERAL REQUIREMENTS 30. LICENCE TO ENTER The Owner agrees with the Town to retain a licence from any subsequent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. 31. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before October 3rd, 1980, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void. 32. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to-the other party at its principal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. 33. ENCUMBRANCERS The Encumbrancers agree with the Town that this Agree- ment shall have priority over and take precedence over any rights or interests they may have in the lands affected hereby, whether or not any such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. 34. INTERPRETATION (a) 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 agreeing therewith shall be construed ac- cordingly. (b) The provisions in Schedules "A" and "B" attached hereto shall form part of this Agreement. (c) Time shall be of the essence of this Agreement. (d) This Agreement and everything herein contained shall enure to the benefit of and be binding upon the parties hereto, their successors and assigns. - 17 - 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 AND DELIVERED HOLLINGER CONSTRUCTION LIMITED Per: Per: THE CORPORATION OF THE TOWN OF PICKERING Clerk- Per: Per: SCHEDULE "A" 1: TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & ?iATEPIALS 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, cr the Director of other than that specifically provided for in the Table shall be completed within the time limited provided for therein for aboveground services. Table Works (a) Underground Services (b) Aboveground Services 2. SERVICE CAPACITY Time Limited for. Completion One year from the date of the registration of the plan of subdivision Two years from the date of the registration of the plan of subdivision This Agreement shall be subject to the Owner entering into satisfactory 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. SCHEDULE "B" 1. INDUSTRIAL/COMMERCIAL COMPONENT (1) In lieu of the construction, by the Owner, of 370 square metres of industrial/commercial buildings within the Town, the Owner shall pay to the Town, prior to the registration of the plan of sub- division, the sum of $6,000.00 payment of which shall entitle the Owner to four (4) credits, based upon the Town's 40 (industrial/commercial) - 60 (residential) ratio, upon which the same number of residential building permits may be issued in accordance with the terms of this Agreement. (2) It is acknowledged and agreed by the Owner and the Town that the payment referred to in subsection (1) relates only to the development of Lots 1, 2, 3 and 4 of this plan, and that consequently, when Block 6 is ultimately developed by plan of sub- division, as required by section 2 of this Schedule, an industrial/commercial component or cash in lieu thereof, relating to the development of that block, shall be required. 2. FUTURE DEVELOPMENT BLOCK The Owner hereby agrees that Block 6, being a block for future residential development, shall be developed only by means of a future plan of subdivision submitted, processed and approved pursuant to the provisions of The Planning Act, R.S.O. 1970, c.349, as amended from time to time, or any successor thereto. 3. SERVICING ALTERNATIVES (1) In lieu of the actual construction of the works required pursuant to the provisions of sections 4(1), 5 and 6 of this Agreement, and the paving of driveway approaches, the Owner may elect to pay to the Town the sum of $19,000.00, subject to the terms and conditions hereof. (2) An election by the Owner pursuant to subsection (1), above, and the payment of the required sum, (a) must be made prior to the issuance of the first building permit for any of Lots 1, 2, 3 and 4; and (b) shall not relieve the owner from its obligations, (i) to connect each of Lots 1, 2, 3 and 4 to existing municipal storm sewers, and (ii) to restore existina boulevards and ditches following the installation of services +o Lots 1, 2, 3 and 4. (3) If the Owner should make the election and the pay- ment referred to in subsection (1), then in that event the Town shall apply such payment to the ultimate construction of the works referred to therein adjacent to Lots 1, 2, 3 and 4.