HomeMy WebLinkAboutBy-law 1141/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1141/80
Being a By-Law to authorize the execution
of a Subdivision Agreement between the
Corporation of the Town of Pickering and
Black File Investments Inc. and Silver
File Investments Inc. respecting Parts
of Lots 23 and 24, Concession 2, Pickering
(Draft Plan 18T-79068)
WHEREAS, Black File Investments Inc. and Silver File
Investments Inc. propose to subdivide and register a plan of
subdivision of Parts of Lots 23 and 24, Concession 2, Pick-
ering; and
division Agreement between Black File Investments Inc. and
Silver File Investments Inc. and the Corporation of the
Town of Pickering;
WHEREAS, that proposal has been approved by the
Council of the Corporation of the Town of Pickering and
the Minister of Housing, subject to several conditions, one
of which requires the entering into of a satisfactory Sub-
NOW THEREFORE, the Council of the Corporation of the
Town of Pickerina HEREBY ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to
execute a Subdivision Agreement, in the form
attached hereto as Schedule "A", between the
Corporation of the Town of Pickering and
Black File Investments Inc. and Silver File
Investments Inc. respecting the subdivision
of Parts of Lots 23 and 24, Concession 2,
Pickering (Draft Plan 18T-79068).
TO'v4N G
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AF
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BY-LAW read a first, second and third time and finally passed
this 16th day of June , 1980.
/Ra o f r,
Clerk /
1
Schedule "A" to By-law #1141/80
THIS AGREEMENT made this day of , 1980.
BETWEEN:
BLACK FILE INVESTMENTS INC.
and
SILVER FILE INVESTMENTS INC.
hereinafter collectively 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 certain parts
of Lots 23 and 24, Concession 2, in the Town of Pickering
in the Regional Municipality of Durham, and with the con-
sent of the Encumbrancers, to register a plan of subdivi-
sion of those lands, as shown on a draft plan of subdivi-
sion prepared by F. Delph, O.L.S. for MacPherson, Walker,
Wright Associates Limited, dated November 15th, 1979,
designated as Draft Plan Number 18T-79068; and
WHEREAS, the Encumbrancers have certain rights or in-
terests in the nature of encumbrances relating to the
lands affected hereby;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in con-
sideration 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
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 com-
posed of those parts of Lots 23 and 24, Concession
2, Pickering, designated as Parts 1, 6, 7, 8, 9
and 11 on a plan of reference deposited in the
Land Titles Office for the Registry Division of
Durham as 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
The Owner agrees to retain a Professional Engineer
as the Consulting Engineer of the Owner to carry
out all the necessary engineering and supervise
generally the work required to be done for the
development of the subdivision.
Such Consulting Engineer, or any successor thereto,
shall continue to be retained until the work pro-
vided for in this Agreement is completed and form-
ally 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 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.
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.
- 4 -
PART 2 - SERVICES (Cont'd)
4. STORM SEWERS (Cont'd)
Should, in the opinion of the Director of
Public Works, an inadequate stream or
structure exist in the outlet system out-
side the plan of subdivision, the Owner
may be required to carry out such works
as are necessary to provide adequate out-
lets.
(2) The Town may connect or authorize connec-
tion into any part of the system but such
connection shall not constitute acceptance
of the sewer system by the Town.
(3) No connection under subsection 2, above,
shall be undertaken or authorized prior to
preliminary acceptance of the sewer system
by the Town except in an emergency.
5. ROADS - ROUGH GRADE
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 subdivision.
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 utilities.
6. ROADS - PAVED
The Owner agrees to construct the roads shown on
the plan of subdivision according to the specifi-
cations for paved roads of the Town in effect at
the date hereof including such boundary or
approach roads (except Finch Avenue) as may be
necessary to provide an adequate access.
The specifications for boulevard grading, side-
walks and sodding shall apply to existing roads
adjacent to the plan of subdivision.
The Owner covenants and agrees that, until assump-
tion by the Town, it will maintain and repair
roads both within and outside the plan of subdi-
vision 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.
- 5 -
PART 2 - SERVICES (Cont'd)
6. ROADS - PAVED (Cont'd)
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.
Such signs and the location thereof are subject
to the approval of the Town's Director of Public
Works.
7. CURBS & GUTTERS
The Owner agrees to construct curbs and gutters,
(a) on the roads shown on the plan of subdivi-
sion, and
(b) on the west side of Liverpool Road adjacent
to Lots 1-12, inclusive, and Blocks 297 and
300,
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 con-
struct a curb depression in the correct location
and fill in the original curb depression according
to the said specifications.
8. SIDEWALKS
The Owner agrees to construct a sidewalk,
(a) on both sides of Street A (Maple Ridge
Drive),
(b) on both sides of Street B (Bushmill Street),
(c) on the west side of the west portion, south
side of the north portion and west side of
the east portion of Street C (Harvest
Circle),
(d) on the east side of the west portion, south
side of the north portion and west side of
the east portion of Street D (Fieldstone
Circle),
(e) on the south side of Court E (Bramblewood
- 6 -
PART 2 - SERVICES (Cont'd)
8. SIDEWALKS (Cont'd)
Court) to a point in the east end of Court
E 10.0 metres north-east of the north-east
corner of Lot 233;
(f) on Street F (Pebblestone Crescent) in front
of Lots 105-114, 123-127 and 158-164, all
inclusive, and along the southerly side of
Street F between Lots 107 and 108;
(g) on the south and west sides of Street G
(Bridge Gate Crescent)
(h) on the east side of the west portion, on
the south side of the north portion, on the
west side of the east portion and north side
of the south portion of Street H (Barnwood
Square);
(i) on the east side of Street I (Wheatsheaf
Lane);
(j) on the west side of Liverpool Road adjacent
to the plan of subdivision; and
(k) on the north side of Finch Avenue adjacent
to the plan of subdivision;
as illustrated on the sketch immediately following,
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.
- 7 -
PART 2 - SERVICES (Cont'd)
8. SIDEWALKS (Cont'd)
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SIDEWALKS
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9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION
SERVICE & STREET LIGHTING
Underground electric distribution and cable televi-
sion services shall be provided for all lots and
blocks within the plan of subdivision according to
the standards and specifications of the appropriate
authority.
The Owner agrees to pay all costs of installation
of street lighting, including poles and other nec-
essary appurtenances for the lighting of all streets
including boundary roads and pedestrian walkways on
- 8 -
PART 2 - SERVICES (Cont'd)
9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION
SERVICE & STREET LIGHTING (Cont'd)
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
clause shall be constructed under the supervision
and inspection of the appropriate authority.
10. INSPECTION OF WORK
(1) All works required to be constructed by the
Owner shall be installed under the observa-
tion 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) may
include, but not necessarily be limited to,
salaries and wages of Inspectors, testing
fees and administration fees.
11. 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 in the plan of 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 Liabil-
ity 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
- 9 -
PART 2 - SERVICES (Cont'd)
11. LIABILITY INSURANCE (Cont'd)
by the Liability Insurance Policy shall not lapse.
12. PERFORMANCE & MAINTENANCE GUARANTEE
(1) Before commencing any of the work provided
for herein in each Phase, the Owner shall
supply the Town with a 100% performance
and maintenance security in a form satis-
factory to the Town and in an amount estab-
lished by the Director of Public Works for
that Phase 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 in that Phase 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, bond, or irrevocable letter of
credit.
The Owner may, from time to time, apply
for a reduction in the cash, bond or letter
of credit and such application shall be
made to the Town Treasurer.
Uoon written verification from the Director
of Public Works that the services for which
reduction is being sought have been satis-
factorily completed, 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 main-
tain has expired, when the balance of the
security shall be returned to the Owner
subject to any deductions for maintenance
purposes.
(2) Upon the approval, if any, of a reduction
in the amount of a 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.
- 10 -
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.
The Grading Control Plan is to 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 Metro-
politan Toronto and Region Conservation
Authority.
(2) The grading of all lands shall be carried
out by the owner in accordance with the
Grading Control Plan, under the supervision
of the Owner's Consulting Engineer.
If, in the opinion of the Director of Public
works, drainage problems occur prior to
formal acceptance of the works in the plan
of subdivision by the Town, the Owner agrees
to correct them by re-grading or by the con-
struction 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 the lots except for
paved or planted areas, upon the completion
of the construction of buildings thereon.
14. INCOMPLETED OR FAULTY WORK
If, in the opinion of the Director of Public Works,
the Owner is not prosecuting or causing to be pros-
ecuted 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 neg-
lect 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
- 11 -
PART 2 - SERVICES (Cont'd)
14.
INCOMPLETED OR FAULTY WORK (Cont'd)
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 com-
pletion of the said work at the cost and expense
of the owner or his surety, or both.
In cases of emergency, in the opinion of the
Director of Public Works, such work may be done
without prior notice but the Owner shall be 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 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 para-
graph 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 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
Street A
(Maple Ridge Drive)
Street B
(Bushmill Street)
Street C
(Harvest Circle)
Street D
(Fieldstone Circle)
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
Court E
(Bramblewood Court)
The Corporation of the
Town of Pickering
- 12 -
PART 2 - SERVICES (Cont'd)
15. DEDICATIONS (Cont'd)
Column I
Street F
(Pebblestone Crescent)
Street G
(Bridge Gate Crescent)
Street H
(Barnwood Square)
Street I
(Wheatsheaf Lane)
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
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 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:
f nlmmn T rlmmn TT
Block 295 The Regional Municipality
,"?-ad Widening of Durham
- Finch Avenue)
Block 296 The Corporation of the
(Walkway) Town of Pickering
Block 299 The Corporation of the
(Park) Town of Pickering
Block 300 The Corporation of the
(Reserve Town of Pickering
- Liverpool Road)
Block 301 The Regional Municipality
(Reserve of Durham
- Finch Avenue)
Block 302 The Regional Municipality
(Reserve of Durham
- Finch Avenue)
Block 303 The Regional Municipality
(Reserve of Durham
- Finch Avenue)
Block 304 The Corporation of the
(Reserve Town of Pickering
- Maple Ridge
Drive
- 13 -
PART 2 - SERVICES (Cont'd)
16. TRANSFERS - CONVEYANCES (Cont'd)
Column I Column II
Block 305 The Corporation of the
(Reserve Town of Pickering
- Barnwood Square)
(2) Notwithstanding the provisions of subsection
(1), above, a transfer of Block 296, 299 or
305 shall not be deemed to be subject to an
encumbrance if that encumbrance relates in
any way to the existence or maintenance of
the York-Durham Sewer System.
17. TRANSFERS - EASEMENTS
The Owner shall arrange at no cost to the Town for
granting to the Town such easements as the Direc-
tor of Public Works or his designate shall deem
necessary for the provision of storm sewer services
both within the boundaries of the plan of subdivi-
sion and across lands adjacent thereto but outside
its boundaries. Such easements shall be subject
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.
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:
Column I
Column II
(Draft Plan Designation)
Street A
Street B
Street C
Street D
Court E
Maple Ridge Drive
Bushmill Street
Harvest Circle
Fieldstone Circle
Bramblewood Court
- 14 -
PART 2 - SERVICES (Cont'd)
18. STREET NAMING (Cont'd)
Column I
Street F
Street G
Street H
Street I
19. SERVICE CAPACITY
Column II
Pebblestone Crescent
Bridge Gate Crescent
Barnwood Square
Wheatsheaf Lane
This Agreement shall be subject to the Owner enter-
ing 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 develop-
ment.
20. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave the driveway approaches between
the curb and sidewalk, or, where no side-
walk is to be provided, between the curb
and the lot line.
(b) Continuation of Existing Services
Where the construction of services herein
involves a continuation to existing ser-
vices, to join into the same, including
adjustment of grades where necessary, in
a good and workmanlike 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 con-
sent of the authority responsible for
such lands.
The Owner shall, on request, supply the
Town with an acknowledgement from such
- 15 -
PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(c) Public Lands - Fill & Debris (Cont'd)
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) Construction Traffic
wherever possible, to ensure that con-
struction traffic serving 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 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 rendered by the Town.
(f) Relocation of Services
To pay the cost of relocating any existing
services and utilities caused by the sub-
division work within thirty (30) days of
the account for same being rendered by the
Town.
The Owner further agrees similarly to pay
the cost of moving any services or utili-
ties 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 drive-
way.
(g) Specifications
Unless otherwise provided, to perform any
work required to be done under this Agree-
ment 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.
- 16 -
PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(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 sub-
division, 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
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.
Such snow plowing and sanding shall be done
from time to time when the Director of Pub-
lic Works deems conditions 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 com-
pletion 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.
(m) Finch Avenue Fencing
To maintain, to the Town's satisfaction and
at the expense of the Omer, the fence re-
quired to be constructed pursuant to the
provisions of clause (a) of subsection (1)
of section 30 until the end of the guarantee
period specified in section 12 or until
August 31st, 1985, whichever is later.
- 17 -
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 build-
ing 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 muni-
cipal 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 operation to
adequately serve such building
or part thereof;
(ii) Electric service is completed
and in operation;
(iii) An asphalt base has been laid
on the road immediately in
front of the building or part
thereof and extended to an
existing maintained public
road; and
(iv) Such curbs, as in the opinion
of the Director of Public
Works, are required to be com-
pleted prior to occupancy have
been constructed on the said
road and extend to an existing
maintained public road.
(4) The Owner agrees with the Town that should
any building or part thereof in the plan of
subdivision be occupied without the prior
issuance of a municipal occupancy permit,
then in that event, the Owner shall pay to
the Town, the sum of $1,500 for each build-
ing or part thereof so occupied as liquida-
ted damages therefor.
The issuance by the Town of municipal occu-
pancy 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.
- 18 -
PART 3 - CONSTRUCTION & OCCUPANCY
OF BUILDINGS (Cont'd)
21. CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
(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
The Owner agrees to construct or cause to be con-
structed, two hundred and ninety-three (293) hous-
ing units, all of which shall be completed within
two (2) years of the date of registration of the
plan.
23. DESIGN PLANNING
(1) 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 Director of Plan-
ning, for approval, a report outlining sit-
ing and architectural design objectives for
the subdivision.
This report may be required, at the Direc-
tor's option, to provide the following
information:
(a) house massing;
(b) streetscape;
(c) exterior materials and colours;
(d) architectural style;
(e) visual variety;
(f) energy conservation measures; and
(g) any other data or information required.
(2) The owner further agrees that, prior to the
issuance of any building permit for the con-
struction of a residential unit to be erec-
ted on the lands, it shall submit to the
Director, for approval, site plans and arch-
itectural drawings for that unit.
- 19 -
PART 3 - CONSTRUCTION & OCCUPANCY
OF BUILDINGS (Cont'd)
23. DESIGN PLANNING (Cont'd)
These plans and drawings may be required,
at the Director's option, to provide the
following information:
(a) the location of all buildings and
structures to be erected and the
location of all facilities and
works associated therewith;
(b) the location of landscaping fea-
tures, including trees to be
preserved;
(c) streetscape for front and rear
elevation at a scale acceptable-
to the Director;
(d) streetscape to show all street
furniture and vegetation;
(e) the relationship of buildings by
blocks; and
(f) any other data or information
required.
- 20 -
PART 4 - FINANCIAL MATTERS
24
25.
FINANCIAL PAYMENTS
The Owner agrees to pay to the Town, a unit levy
for each dwelling unit for which a building per-
mit is received.
No building permit shall be issued for any dwell-
ing 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.
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 section 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.
LETTER OF CREDIT
The Owner shall, immediately prior to the regis-
tration of the plan, deposit with the Town, an
irrevocable bank letter of credit payable to the
own, in a form satisfactory to the Town, for the
sum of $439,500 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 sec-
tion 21 hereof.
26. 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 regis-
tration, to prepay any outstanding local
- 21 -
PART 4 - FINANCIAL MATTERS (Cont'd)
26. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd)
(b) Local Improvements (Cont'd)
improvement charges which are levied against
any of the lands in the said plan of subdi-
vision.
(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 regis-
tration of the plan of subdivision or any
other related documentation including trans-
fers, 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 connec-
tion with such work done or material sup-
plied for or on behalf of the Owner in con-
nection with the subdivision, or if such
claims do exist, the owner agrees to indem-
nify the Town against any claims, actions
or demands for mechanics' liens or other-
wise and all costs in connection therewith.
27. EXPIRY OF SECURITIES
The Owner further agrees that should any letter of
credit or bond 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 letter of credit or bond, a further
letter of credit or bond, as the case may be, to
take effect upon the expiry. Such further letter
of credit or bond shall be to the satisfaction of
the Town.
Should no such further letter of credit or bond
be provided as required, then the Town shall have
the right to convert the expiring letter of credit
or bond into cash and hold the cash in lieu of and
- 22 -
PART 4 - FINANCIAL MATTERS (Cont'd)
27. EXPIRY OF SECURITIES (Cont'd)
for the same purposes as any further letter of
credit or bond.
28. TERMINATION OF LEVY/OCCUPANCY SECURITY
(1) The letter of credit required to be depos-
ited with the Town pursuant to the provi-
sions of section 25, above, may only be
terminated or cancelled by the Owner after
the Municipal Occupancy Permit for the last
building or part thereto 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 Manager for a reduction in the
amount of the letter of credit referred to
in subsection 1, as Municipal Occupancy Per-
mits are issued.
- 23 -
PART 5 - PARKS & TREES
29. PROVISION OF PARKLAND
(1) Subject to the provisions of section 16(2),
above, upon the registration of the final
plan herein, the owner shall convey, free
and clear of all encumbrances, at no cost
to the Town, Block 299, and the Town agrees
to accept such payment and conveyance for
park purposes.
(2) It is acknowledged and agreed that, in mak-
ing the above-mentioned conveyance, the
Owner is conveying 0.3475 hectares in excess
of the area required by the Town to be con-
veyed to it for park purposes for this sub-
division; accordingly, it is agreed that
0.3475 hectares of park dedication shall
exist to the credit of the Owner and may be
applied by it to any future such requirement
in 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) a permanent solid wood fence, to the
specifications approved by the Direc-
tor of Public Works, along the south-
erly boundary of the subdivision
adjacent to Lots 25-37, inclusive,
and Lots 92-99, inclusive;
(b) a permanent fence of nine (9) gauge,
galvanized steel link fencing, having
0.05 metre mesh,
(i) 1.8 metres high, along the
boundary of the subdivision
adjacent to,
1. Lots 18-24, inclusive,
2. the easterly lot line
of Lot 25,
3. Lots 99-104, inclusive,
4. Lots 107-111, inclusive,
and
5. Lots 115-120, inclusive.
(ii) 1.8 metres high, along,
1. the easterly and westerly
boundaries of Block 296;
- 24 -
PART S - PARKS & TREES (Cont'd)
30. FENCING (Cont'd)
2. the westerly and southerly
boundaries of Block 297,
adjacent to Lots 13-18,
inclusive;
3. the westerly boundary of
Block 298, except where
such boundary divides Block
298 and Bramblewood Court;
and
4. the easterly boundary of
Block 299; and
(iii) 1.22 metres high along the north-
erly boundary of the subdivision
adjacent to,
1. Lot 1,
2. Lots 175-184, inclusive,
and
3. Lots 218-232, inclusive;
(c) a permanent post and cable fence, to spec-
ifications approved by the Director of
Parks and Recreation, along the northerly
boundary of the subdivision adjacent to
Blocks 298 and 299; and
(d) 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 along the
westerly boundary of the subdivision adja-
cent to,
1. Lots 121-127, inclusive,
2. Lots 165-175, inclusive, and
3. Block 304.
(2) The fencing required to be constructed pursuant
to clauses (a) and (b) 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) The owner shall further erect, at the time the
fencing referred to in subsection (1) is erec-
ted, vehicle barriers on Block 304 and at the
north and south ends of Block 296; such barriers
to be constructed in accordance with specifica-
tions therefor and to the satisfaction of the
Director of Public Works.
- 25 -
PART 5 - PARKS & TREES (Cont'd)
31
32
33
DRAINAGE ONTO OPEN SPACE/PARKLAND
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.
Where this is not possible, the owner shall in-
stall within the parkland, open space or walk-
ways, as the case may be, at a distance no greater
than six (6) metres from the property line, suit-
able swales and catch basins to adequately manage,
in the opinion of the Director of Parks and Rec-
reation, all surface run-off water, draining onto
the parkland, open space or walkways from the
lands within the subdivision.
LANDSCAPE PLANNING
The Owner agrees that prior to the issuance of
building permits for any of the units to be erec-
ted on the lands, 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, in-
stalled or planted, as the case may be, in con-
formance 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.
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) (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 $35 per unit
for tree planting in a public
- 26 -
PART 5 - PARKS & TREES (Cont'd)
33. TREE PLANTING (Cont'd)
land area within the community in
which the plan is located.
34. 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 gov-
erned by the Town Tree Preservation guidelines in
effect as at the date hereof.
- 27 -
PART 6 - GENERAL PROVISIONS
35. 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.
36. CANCELLATION OF AGREEMENT
In the event the complete plan of subdivision is
not registered on or before August 31st, 1983, the
Town may, at its option on one (1) 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
given by registered ma
Party at its principal
be effective as of the
lowing the date of the
Office.
be given hereunder may be
it addressed to the other
place of business and shall
second day immediately fol-
deposit thereof in the Post
38. ENCUMBRANCERS
The Encumbrancers agree with the Town that this
Agreement shall have priority over and take prec-
edence 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 Agree-
ment.
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 agreeing therewith
shall be construed accordingly.
28 _
PART 6 - GENERAL PROVISIONS (Cont'd)
39. INTERPRETATION (Cont'd)
(2) The provisions in Schedules "A", "B", "C"
and "D" 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 successors and
assigns.
IN WITNESS WHEREOF, the said Parties have hereunto
affixed their Corporate Seals attested to by the hands
29 -
of their proper officers in that behalf fully author-
ized.
SIGNED, SEALED and DELIVERED
BLACK FILE INVESTMENTS, INC.
Per:
Per:
SILVER FILE INVESTMENTS, INC.
Per:
Per:
THE CORPORATION OF THE TOWN OF PICKERING
Per:
Per,
Per:
Per:
SCHEDULE "A"
1
TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP
& MATERIALS
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 mat-
erials 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
2
Works Time Limit for Completion
(a) Underground one year from the date of
Services the registration of the
final plan of subdivision
(b) Aboveground Two years from the date
Services of the registration of
the final plan of subdi-
vision
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
Maple Ridge Drive, which shall be removed and re-
placed 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. RESERVATION FOR FUTURE ROAD
(1) Lots 215-221, inclusive, shall not be built
upon or developed in any manner until such
time as the Town, in its sole discretion,
determines whether or not such lots, or any
of them, or any part or parts of any of
them, are required for the extension north-
ward of Fieldstone Circle.
SCHEDULE "A" (Cont'd)
4. RESERVATION FOR FUTURE ROAD (Cont'd)
(2) In the event that the Town requires such an
extension, the Owner shall convey, to the
Town, free and clear of all encumbrances,
such lands within this plan as the Town may
require and shall construct, at the Owner's
sole cost and expense, such municipal ser-
vices as the provisions of this Agreement
require, as if the lands had been dedicated
as public highway on the plan.
(3) The reservation required in subsection (1),
above, shall expire upon the granting of
Ministerial draft approval to the draft
plan of subdivision designated as Draft
Plan 18T-80021 unless such approval requires,
directly or indirectly, the extension referred
to, in which case the reservation shall con-
tinue until the provisions of subsection (2),
above, have been complied with.
5. FUTURE DEVELOPMENT
Block 297 shall be reserved for future commercial
development and be developed only following the
entering into of a Site Plan/Development Agreement
pursuant to the provisions of section 35a of The
Planning Act, R.S.O. 1970, chapter 349, as amended.
6. PUMPING STATION
(1) It is acknowledged and agreed that Owner
intends to convey to the Province of Ontario
all of Lot 26 for the purpose of the con-
struction of a pumping station associated
with the York/Durham Sewer Project.
(2) The provisions of the sections set out in
the following Table are not applicable to
the lands comprising Lot 26:
Table
Sections 2, 3, 4, 9, 15, 16, 19, 20(a),
21, 22, 23, 24, 25, 29,
Schedule "A" - Sections 1, 2, 4, 5,
Schedule "B" - Section 1,
Schedule "C" - Sections 1, 4 and 5.
SCHEDULE "A" (Cont'd)
7. WALKWAY PAVING
The Owner agrees to construct a sidewalk between
the curb on Barnwood Square adjacent to Block 296
and the sidewalk to be constructed on Finch Avenue
and along the full length of the walkway designa-
ted as Block 296, across the full width thereof,
according to the sidewalk specifications of the
Town in effect at the date hereof and to maintain
such sidewalk until it is formally accepted by the
Town.
SCHEDULE "B"
1. INDUSTRIAL/COMMERCIAL COMPONENT
(1) The Owner shall construct within the Town
of Pickering, industrial or commercial
buildings having a total floor area of not
less than 27,220 square metres, and based
on the Town's 40 (industrial) - 60 (resi-
dential) ratio, shall be entitled thereby
to 293 credits upon which the same number
of residential building unit permits may
be issued.
(2) The required industrial or commercial build-
ings shall be completed as follows:
(a) the first 3,809 square metres on or
before December 31st, 1983;
(b) the next 7,246 square metres on or
before December 31st, 1984;
(c) the next 9,011 square metres on or
before December 31st, 1985; and
(d) the last 7,154 square metres on or
before December 31st, 1986.
(3) If, on the 1st day of January in any year
from, after and including 1983, the required
industrial or commercial buildings have not
been constructed, then commencing in 1984,
the Owner shall pay annually to the Town on
the 15th day of January in each year, liqui-
dated damages in the amount of $350 for every
92.9 square metres or part thereof of the
required industrial or commercial buildings
not constructed on each January 1st.
(4) The Owner shall leave deposited with the
Town, its performance guarantee in the amount
of $400,000 to guarantee the satisfactory com-
pletion of the required industrial or commer-
cial buildings on or before the dates set out
in subsection (2), above, and to secure the
payment of any liquidated damages that may
become payable under subsection (3), above.
(5) The Town acknowledges that the owner or an
associated company has constructed an indus-
trial or commercial building having a floor
area of 5,574 square metres on McPherson
Court in the Town, and therefore, has com-
plied, as of the date hereof,
(a) with the provisions of subsection (1),
above, to the extent of 5,574 square
metres;
(b) with the provisions of subsection (2)(a),
above, completely; and
(c) with the provisions of subsection (2)(b),
above, to the extent of 1,765 square
metres.
SCHEDULE "S" (Cont'd)
1.
INDUSTRIAL/COMMERCIAL COMPONENT (Cont'd)
(6) Notwithstanding the provisions of subsection
(2), above, the Council of the Town shall
have the right to extend the time limits set
out therein.
SCHEDULE "C"
1. ONTARIO HYDRO
(1) The Owner shall protect and in no way encroach
upon Ontario Hydro's ownership rights to the
north of the plan.
(2) Without limiting the generality of the provi-
sions in subsection (1), above, the Owner
shall, prior to construction, install approp-
riate fencing to prevent trespassing and
dumping on Ontario Hydro's lands.
2. ENGINEERING & DRAINAGE REPORT
(1) The owner shall,
(a) prepare a detailed engineering report,
to the satisfaction of the metropolitan
Toronto and Region Conservation Author-
ity, the Town and Ontario Hydro, des-
cribing,
(i) the storm water management
techniques which will be
employed to minimize the
amount of storm water drain-
ing from the site,
(ii) the development and construc-
tion techniques and safeguards
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
(iii) the means of handling the
existing watercourses affect-
ing the site,
(b) carry out, or cause to be carried out,
any works recommended in the report
referred to in (a) and approved by
M.T.R.C.A., the Town and Ontario Hydro,
and
(c) obtain a permit under Ontario Regulation
735/73 prior to initiating the matters
referred to in clause (a)(iii), above.
(2) The Town shall not be liable for any costs
whatsoever of the preparation or evaluation
of the report referred to in (1), nor of the
carrying out of works resulting therefrom,
and the owner hereby indemnifies the Town in
this respect.
SCHEDULE "C" (Cont'd)
3. PERFORMANCE & MAINTENANCE GUARANTEE
For the purposes of sections 12 and 14 of this
Agreement, and without otherwise limiting the
generality thereof, the term "work provided for
herein" shall be deemed to exclude works required
to be carried out pursuant to sections 1 or 2 of
this Schedule unless such works are also required
under a section in the Agreement other than sec-
tions 1 or 2 of this Schedule.
4. DURHAM BOARD OF EDUCATION
(1) Block 298 shall be reserved by the owner for
acquisition by the Durham Board of Education
as a public elementary school site.
(2) Should the Board not wish to acquire Block
298 immediately, the Owner shall offer the
Board an option to do so at a later date.
(3) Should the Board not wish to acquire Block
298 immediately, and not wish an option to
do so at a later date, or if it agrees to
such an option but declines to exercise it,
then, in either of those circumstances, the
Owner shall forthwith offer Block 298 for
sale to the Town.
5. NOTICE TO PURCHASERS RE BUSING
The owner shall include in any offer to Sell or
Agreement of Purchase and Sale respecting residen-
tial units in the plan, notice that although there
is a proposed elementary school site within the
development, students may have to be transported
to existing schools and that construction of a
school will be subject to the further approval of
the Ministry of Education.
SCHEDULE "D"
1. PHASING
(1) It is acknowledged and agreed that the Owner
shall develop the plan of subdivision in
seven phases, as shown on Map 1, attached
hereto.
(2) The phasing of the development shall include
the phasing of the registration of the plan
and the phasing of the construction of ser-
vices.
(3) This Agreement shall be registered on title
to all the lands in the plan prior to the
registration of the First Phase of the Plan.
(4) (a) The First Phase of the plan shall be
registered on or before July 15th,
1980.
(b) The Second Phase of the plan shall be
registered on or before May 30th,
1981.
(c) The Third Phase of the plan shall be
registered on or before August 31st,
1981.
(d) The Fourth Phase of the plan shall be
registered on or before May 30th,
1982.
(e) The Fifth Phase of the plan shall be
registered on or before August 31st,
1982.
(f) The Sixth Phase of the plan shall be
registered on or before May 30th,
1983.
(q) The Seventh Phase of the plan shall be
registered on or before August 31st,
1983.
(5) The provisions of the sections set out in the
following Table shall be applicable to all
Phases but shall only take effect with respect
to any Phase upon the registration of the plan
for that Phase.
Table
Sections 4, 5, 6, 7, 8, 9, 12, 13, 15, 16,
18, 20, 23, 24, 30, 31, 32, 33 and 36
Schedule "A" - Sections 1, 2, 3, 4, 5 and 6
Schedule "B" - Sections 1 and 4.
(6) The provisions of section 22 shall be appli-
cable to all Phases but shall take effect so
as to require the housing units to be comple-
ted as follows:
SCHEDULE "D" (Cont'd)
1.
PHASING (Cont'd)
(a) forty-one (41) units within 2 years of
the date of registration of Phase One;
(b) a further thirty-eight (38) units
within 2 years of the date of registra-
tion of Phase Two;
(c) a further forty (40) units within 2
years of the date of registration of
Phase Three;
(d) a further forty-three (43) units
within 2 years of the date of regis-
tration of Phase Four;
(e) a further fifty-four (54) units within
2 years of the date of registration of
Phase Five;
(f) a further sixty-five (65) units within
2 years of the date of registration of
Phase Six;
(g) a further twelve (12) units within 2
years of the date of registration of
Phase Seven.
(7) The provisions of section 25 shall be appli-
cable to all Phases but shall take effect so
as to require the security to be provided as
set out below:
(a) $61,500 prior to the registration of
Phase One;
(b) a further $57,000 prior to the regis-
tration of Phase Two;
(c) a further $60,000 prior to the regis-
tration of Phase Three;
(d) a further $64,500 prior to the regis-
tration of Phase Four;
(e) a further $81,000 prior to the regis-
tration of Phase Five;
(f) a further $97,500 prior to the regis-
tration of Phase Six;
(g) a further $18,000 prior to the regis-
tration of Phase Seven.
(8) The provisions of section 29 shall be appli-
cable to all Phases but shall take effect so
as to require the conveyance to be made
within thirty (30) days of the registration
of Phase One.
(9) The provisions of Schedule "B", section 1
shall be applicable to all Phases but shall
take effect so as to require the security
referred to in subsection 4, thereof, to
be provided as set out below:
SCHEDULE "D" (Cont'd)
1. PHASING (Cont'd)
(a) $100,000 prior to the registration
of Phase Two;
(b) a further $170,000 prior to the reg-
istration of Phase Four; and
(c) a further $130,000 prior to the reg-
istration of Phase Six.
(10) The provisions of the sections set out in the
following Table shall be applicable to all
Phases and shall take effect upon the regis-
tration of this Agreement, subject to the
provisions of subsections (6), (7), (8) and
(9) of this section.
Table
Sections 1, 2, 3, 10, 11, 14, 17, 19, 21, 22,
25, 26, 27, 28, 29, 34, 35, 37, 38, 39, 40
and 41
Schedule "A" - Section 5
Schedule "B" - Section 1
Schedule "C" - Sections 1, 2, 3, 4 and 5
Schedule "D" - Sections 1, 2, 3 and 4
Schedule "D" - Map I
2. CONSTRUCTION TRAFFIC
(1) Construction traffic shall enter the subdivi-
sion only by means of temporary entrances,
constructed and maintained by the owner,
across lots in subsequent Phases, except for
such traffic entering Phase Seven.
(2) The provisions of subsection (1) are subject
to the approval of the Regional Municipality
of Durham.
(3) "Maintained" in subsection (1), above, shall
include such dust control measures as the
Town may from time to time direct to be car-
ried out.
3. RESERVES REQUIRED AT PHASE LIMITS
Notwithstanding the provisions of section 16 of
this Agreement, the Owner shall convey to the
Town such temporary reserves as the Town's Direc-
tor of Public Works deems necessary in order to
protect dead ends and open sides of road allow-
ances created as a result of the phased registra-
tion of this plan.
SCHEDULE "D" (Cont'd)
4. PARKLAND IMPROVEMENTS
(1) No later than ten (10) months after the reg-
istration of Phase Three, the Owner shall
complete, at its sole expense, and to the
satisfaction of the Director of Parks and
Recreation, the ground development of Block
299, which development shall include rough
grading, fine grading, seeding, tree planting,
fertilizing and the construction of walkways.
(2) No later than two years after the completion
of the ground development referred to in sub-
section (1), the Owner shall commence the
construction of those aboveground recreation
facilities approved by the Director of Parks
and Recreation, which facilities shall be
completed within twelve (12) months.
5. PARKLAND ACCESS PHASING
(1) Notwithstanding any other provision in this
Schedule, and although a portion of Street
B (Bushmill Street) is to be included in
Phase One, the Owner shall be required, in
Phase Three, to construct that portion of
the said street which serves, in Phase one,
only Block 299, as a 6 metre wide asphalted
access road.
(2) That portion of Street B (Bushmill Street)
referred to in subsection (1), above, shall
be completed to full municipal standards,
by the Owner, as if it was included in that
part of the plan to be registered as Phase
six.
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