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HomeMy WebLinkAboutBy-law 1018/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1018/79 Being a By-Law to authorize the execution of a Subdivision Agreement between the Corporation of the Town of Pickering and Nolmar Properties Ltd. respecting Part Lot 28, Concession 1, Pickering (Draft Plan 18T-77059). WHEREAS, Nolmar Properties Ltd. proposes to subdivide and register a Plan of Subdivision of Part Lot 28, Conces- sion 1, Pickering; and WHEREAS, that proposal has been approved by the Council of the Corporation 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 Nolmar Properties Ltd. 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 Nol- mar Properties Ltd. respecting the subdivision of Part Lot 28, Concession 1, Pickering (Draft Plan 18T-77059). BY-LAW read a first, second and third time and finally passed this Third day of July , 1979. % ,CE G-ao U? yor Clerk TO'R'N Y r'; SCHEDULE "A" TO BY-LAW 1018/79 THIS AGREEMENT made this day of , 1979. BETWEEN: NOLMAR PROPERTIES LTD. hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS, the Owner proposes to subdivide and register a plan of subdivision of Part of Lot 28, Concession 1, Pick- ering, as shown on a draft plan of subdivision prepared by I. M. Pastushak, Ontario Land Surveyor, dated May 30th, 1977, as revised, and given draft approval by the minister of Hous- ing on February 21st, 1978 as Draft Plan Number 18T-77059; 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 I - PROPERTY DESCRIPTION 1. LAND AFFECTED The lands affected by this Agreement are: FIRSTLY, all and singular that certain parcel or tract of land lying and being in the Town of Pickering, in the Regional Municipality of Durham being part of Lot 28, Concession 1, of the original Township of Pickering, County of Ontario designated as Part 1 on a Plan of Survey of Record in the Land Titles Office (No. 40) for the Land Titles Division of Durham, at Whitby, as Plan 40R-4049; SECONDLY, all and singular that certain parcel or tract of land lying and being in the Town of Pickering, in the Regional Municipality of Durham, and being part of Block C-1 on Plan M-1059 (Pickering), registered in the Land Titles Division of Durham (No. 40) at Whitby, now designated as Part 2 on Plan 40R-3157; SUBJECT TO A RIGHT in the nature of an Ease- ment in favour of Bramalea Limited, its ser- vants and agents, its successors and assigns, and in favour of the Corporation of the Town- ship of Pickering, its servants and agents, successors and assigns as set out in Transfer LTD 31128. - 3 - PART II - SERVICES 2. OWNER'S GENERAL UNDERTAKING The Owner agrees to complete at his 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 Engin- eer as the Consulting Engineer of the Owner to carry out all the necessary engineering and gen- erally supervise 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 provided for in this Agreement is completed and formally accepted by the Town. STORM SEWERS 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 on the said plan of subdivision and adja- cent road allowances and to provide capacity for lands upstream of the 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 main- tain them, including clearing any blockages or debris from whatever cause, until they are for- mally 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 subdivision and the aforementioned 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 out- lets. The Town may connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the sewer system by the Town. - 4 - PART II - SERVICES (Cont'd) 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 allowance shown on the plan of subdivision. The Owner further agrees to keep all boulevards clear and free of mat- erials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. 6. ROADS - PAVED The Owner agrees to construct the road shown on the said plan of subdivision according to the specifications for paved roads of the Town in effect at the date hereof. The Owner covenants and agrees that until assumption by the Town, it will maintain and repair streets both within and outside the subdivision where construction has taken place or that are used by construction traffic entering the subdivi- sion and keep them clear of dust, refuse, rub- bish, or other litter of all types. The Owner will erect and maintain adequate signs to warn all persons using the subdivision road that the maintenance of it has not been assumed by the Town, from the time that it is opened until formal assumption by the Town. 7. CURBS & GUTTERS The Owner agrees to construct curbs and gut- ters on the road shown on the plan of subdi- vision, 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 orig- inal curb depression according to the said specifications. 8. SIDEWALKS The Owner agrees to construct a sidewalk on the north side of the road shown on the plan of subdivision, and such sidewalks as are con- sidered necessary on all roads adjacent to the plan of subdivision, according to the specifi- cations of the Town in effect at the date hereof and to maintain them until they are formally accepted by the Town. J PART II - SERVICES (Cont'd) UNDERGROUND ELECTRIC DISTRIBUTION & STREET LIGHTING Underground electric distribution services shall be provided for all lots and blocks within the subdivision according to the standards and specifications of the approp- riate authority. The Owner shall make such financial arrangements as may be required to ensure the construction of those services. The Owner agrees to pay all costs of instal- lation of street lighting, including poles and other necessary appurtenances for the lighting of all streets including boundary roads and pedestrian walkways on the plan. The lighting shall be designed and installed in accordance with standards established by the Town and in conformity with the Associa- tion 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 aforesaid authority. 10. INSPECTION OF WORK 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 (Salaries and Expense) therefor within ten days of invoices being rendered. 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 otherwise 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 ten (10) 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 Insur- ance Policy shall not lapse. - 6 - PART II - SERVICES (Cont'd) 12. PERFORMANCE & MAINTENANCE GUARANTEE Before commencing any of the work provided for herein, the Owner shall supply the Town with a 100% performance and maintenance security in form satisfactory to the Town and in the amount of $ 38,000, 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 part bond and part cash, or all cash, or irrevocable letter of credit. The Owner may, from time to time, apply for a reduction in the bond, 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 com- pleted, the Town Manager may reduce the amount of the security, provided such reduc- tion shall not be to any amount less than ten per cent (10%) of the original value, which ten per cent portion shall apply as the security for maintenance until the obli- gation to maintain has expired, when the balance of the security shall be returned to the Owner subject to any deductions for maintenance purposes. 13. DRAINAGE - SODDING The Owner agrees to provide the Town, before commencing any of the work provided for here- in, 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 pre- pared in accordance with the Town's Lot Drain- age Specifications in effect at the date of this Agreement. The grading of the lands shall be carried out in accordance with such Grading Control Plan under the supervision of the Owner's Consulting Engineer. If, in the opinion of the Director of Public Works, drain- age problems occur prior to formal acceptance of the 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 cor- rect such problems. The Owner agrees to sod the front, side and rear yards of each of the lots or blocks except for paved or planted areas, upon the completion of the construction of buildings thereon. - 7 - PART II - SERVICES (Cont-d) 14. INCOMPLETED OR FAULTY WORK If, in the opinion of the Director of Public Works, the Owner is not prosecuting or caus- ing 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 viola- ted 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 sur- ety 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 and power immediately to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the pro- per 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 Director of Public Works, such work may be done without prior notice but the owner shall be forthwith notified. The cost of such work shall be calculated by the Dir- ector 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 disloca- tion 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 obliga- tions 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 fol- lowing the registration of the final plan, the lands indicated in Column I of the fol- lowing Table to the respective authority named in Column II of the Table: - 8 - PART II - SERVICES (Cont'd) 15. 16. 17. DEDICATIONS (Cont'd) Column I Column II Block A The Regional Municipality of Durham Block C The Regional Municipality of Durham Block D The Regional Municipality of Durham Block E The Corporation of the Town of Pickering TRANSFERS - CONVEYANCES 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 following Table to the respective authority named in Column II of the Table: Column I Column II Block B The Regional Municipality of Durham TRANSFERS - EASEMENTS 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 des- ignate shall deem necessary for the provi- sion of storm sewer services both within the boundaries of the development and across its boundaries. Such easements shall be sub- ject to the approval of the Director of Pub- lic Works or his designate as to their loca- tion and width. The construction of any ser- vices 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. SERVICE CAPAC 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. - 9 - PART II - SERVICES (Cont'd) 19. GENERAL PROVISIONS - SERVICES (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk. (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 workmanlike 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 any fill from any public lands, other than the actual construction of roads in the subdivision without the written consent of the Author- ity 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 his lands or any public lands. (d) 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 ten (10) days of the account being rendered by the Town. (e) Relocation of Services To pay the cost of relocating any existing services and utilities caused by the subdivision work within ten (10) days of the account for same being rendered by the Town. The Owner further agrees to pay the cost of moving any services or util- ities 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. - 10 - PART II - SERVICES (Cont'd) 19 GENERAL PROVISIONS - SERVICES (Cont'd) (f) Fencing To erect a permanent fence, to the Town's specifications, along the northerly boundaries of Lots 2-8, inclusive, and along the westerly boundaries of Lots 1 and 2. (g) Specifications Unless otherwise provided, to per- form any work required to be done under this Agreement to the speci- fications of the Town in effect at the date hereof. (h) Temporary Signs To provide and erect at its own cost, temporary street signs at locations designated by the Direc- tor of Public Works to the specifi- cations of the Town. (i) Permanent Signs To provide and erect at its own cost, permanent signs at locations designated by the Director of Pub- lic Works to the specifications of the Town. (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 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 Public Works deems conditions warrant and until such time as the roads are acceptable to the Director of Pub- lic Works for winter control. - 11 - PART II - SERVICES (Cont'd) 19. GENERAL PROVISIONS - SERVICES (Cont'd) (1) Survey Monuments & Markers Prior to the acceptance of the sub- division by the Town, to supply a statement by an Ontario Land Sur- veyor 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 cor- ners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. (m) Pre-Servicing Payment To pay to the Town on or before the registration of the plan, the sum of $4,800 being the cost to the Town of the construction of storm sewer laterals to service the pro- posed units in this plan of subdi- vision, - 12 - PART III - CONSTRUCTION, DEMOLITION & OCCUPANCY OF BUILDINGS 20. CONSTRUCTION & OCCUPANCY OF BUILDINGS (a) The Owner agrees that no building per- mit shall be issued for any building or part of a building in the subdivi- sion until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (b) The Owner further agrees that no building or part of a building in the subdivision shall be occupied except on the following conditions: (i) Sewer and water facilities are installed and in oper- ation to adequately serve such building or part thereof; (ii) A municipal occupancy per- mit has been issued; (iii) Electric service is com- pleted and in operation; and (iv) Curbs have been construc- ted and an asphalt base laid on the road immedi- ately in front of the building or part thereof and both extended to an existing maintained pub- lic road. (c) The owner agrees with the Town that should any building or part thereof in the subdivision be occupied in contravention of any or all of the provisions contained in subsection (b), above, 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 for such contravention. The issuance by the Town of munici- pal 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. (d) The Owner further covenants and agrees to maintain vehicular access to all occupied buildings on the subdivision until the roads are for- mally assumed by the Town, and fur- ther agrees to obtain similar coven- ants from any subsequent Owner of any of the lands in the said subdi- vision. - 13 - PART III - CONSTRUCTION, DEMOLITION & OCCUPANCY OF BUILDINGS (Cont'd) 21. DEMOLITION OF BUILDINGS Notwithstanding the provisions of section 20, no building permit shall be issued for any building or part thereof in the subdivision unless the existing buildings located on Lots 1 and 2 are first demol- ished and the provisions of that section are complied with. 22. TIME LIMIT FOR CONSTRUCTION The Owner agrees to construct or cause to be constructed sixteen (16) housing units, all of which shall be completed within two (2) years of the date of registration of the plan. 23. SITE PLANNING (a) The owner agrees that prior to the issuance of building per- mits for any of the residential units to be erected on the lands, it shall submit architec- tural and siting plans for all of the residential units to the Town for approval. The Owner agrees to engage the services of only one architectural firm at one time to coordinate the design for all residential units and that firm is to be the coordinator throughout the design approval process. (b) 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 Plan- ning; (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. - 14 - PART III - CONSTRUCTION, DEMOLITION & OCCUPANCY OF BUILDINGS (Cont'd) 24. LANDSCAPE PLANNING The Owner agrees that prior to the issu- ance of building permits for any of the units to be erected on the lands, it shall submit a landscaping plan for all of the lots and blocks on the plan to the Town for approval. 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". - 15 - PART IV - FINANCIAL MATTERS 25 26. 27. FINANCIAL PAYMENTS The Owner agrees to pay to the Town, the sum of $1,500 for each of the first fif- teen (15) dwelling units for which a building permit is received. No building permit shall be issued for any of the first fifteen (15) dwelling units 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 dwell- ing 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. LETTER OF CREDIT The Owner shall, immediately prior to the registration of the plan, deposit with the Town, an irrevocable letter of credit payable to the Town, in a form satisfactory to the Town, for the sum of $24,000 as security for: (a) the payments referred to in section 25 hereof, and (b) the payment of liquidated damages referred to in sub- section (c) of section 20 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 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 on the plan of subdivision. - 16 - PART IV - FINANCIAL MATTERS (Cont'd) 27. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd) (c) Interest To pay interest at the rate of four- teen per cent (148) per annum to the Town on all sums of money payable herein which are not paid on the due dates, such interest to be cal- culated from such due dates. (d) Registration Fees To pay all registration costs incur- red 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 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 con- nection 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 connec- tion therewith. 28. EXPIRY OF SECURITIES The Owner further agrees that should any let- ter 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 for the same pur- poses as any further letter of credit or bond. - 17 - PART V - PARKS & TREES 29. PARK DEDICATION The Owner agrees that, prior to the regis- tration of the plan herein, it shall pay to the Town, the sum of Nine Thousand, Two Hundred Dollars ($9,200) cash in lieu of the dedication of parkland, and the Town hereby agrees to accept such sum for that purpose. Such payment shall be by cash or certified cheque. 30. TREE PLANTING (a) 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 Parks and Recreation prior to the planting of any trees. A list of acceptable tree species and sizes will be provided. (b) The trees approved by the Town shall be planted by the Owner no more than 3 months after final grading is done in the specific area. (c) (i) The Owner shall provide at least one 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 land area in the Muni- cipality. 31. TREE PRESERVATION (a) The Owner further agrees that it shall permit the Town to enter the property prior to the commence- ment of any construction thereon for the purpose of identifying the trees existing thereon, which in the opinion of the Town, shall be preserved by the Owner. - is - PART V - PARKS & TREES (Cont'd) 31. TREE PRESERVATION (Cont'd) (b) During construction, all trees to be preserved on the property shall be fully protected against damage. Protection shall be applied in the following manner, prior to com- mencement of any construction: (i) The area within the drip line of all existing trees (groups or indivi- dual) shall be protected with temporary fencing which shall have posts equivalent to 4" x 4" set 3 feet into the ground and extending 5 feet above the ground subject to the law in this regard, set at intervals not to exceed 8 feet. Two cross mem- bers of 2" x 6" shall be secured to these cross members to completely enclose this area; (ii) The area within the pro- tective fencing shall remain undisturbed and shall not be used for the storage of building material or equipment; (iii) Tree protection shall remain in place until the planting phase of the project is started, and then it shall be removed forthwith. (c) If the nature of the development re- quires a change of ground elevation (lowering or raising of grades), cut- ting of roots, or other action which may, in the opinion of the Town, be detrimental to the tree or trees to be preserved, the Owner shall advise the Town prior to changing such ele- vation, cutting roots, or taking other action, and obtain the consent of the Town thereto. In granting its consent, the Town may impose further controls or conditions to its satis- faction. - 19 - PART V - PARKS & TREES (Cont'd) 31. TREE PRESERVATION (Cont'd) (d) Prior to the commencement of any construction, the Owner shall submit to the Town for its approval, a proposed watering and fertilizing program to assist the trees to be preserved to adapt to the new conditions resulting from the development of these lands. The Owner further agrees that upon approval by the Town of such a program, the program shall be imple- mented and continue as approved. (e) Trees to be preserved that die or are damaged beyond repair during construction shall be replaced by the owner at its own expense with trees of a size and species approved by the Town. - 20 - PART VI - GENERAL REQUIREMENTS 32. The Owner agrees with the Town: (a) Licence to Enter To retain a licence from any sub- sequent purchaser of the afore- said lands to enter upon such lands in order to comply with the provisions of this Agreement. (b) Cancellation of Agreement In the event the plan of subdivi- sion is not registered on or before August 21st, 1980, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void. (c) Notice Any notice required to be given hereunder may be given by regis- tered mail addressed to the other party at its principal place of business and shall be effective as of the date of the deposit thereof in the Post office. 33. Wherever 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 there- with shall be construed accordingly. 34. The provisions in Schedules "A" and "B" attached hereto shall form part of this Agreement. 35. Time shall be of the essence of this Agree- ment. 36. This Agreement and everything herein con- tained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. - 21 - 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 NOLMAR PROPERTIES LTD. Per: Per: THE CORPORATION OF THE TOWN OF PICKERING Mayor 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 speci- fied in the Table set out below and to guar- antee 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. Any work other than that specifically provided for in the Table shall be completed within the time limit provided for therein for above- ground services. Table Works Time Limit for Completion (a) Underground - One year from the date Services of the registration of the final plan of subdivision (b) Aboveground - Two years from the date Services of the registration of the final plan of subdivision 2. PHASING OF DEVELOPMENT The Owner agrees that should it wish to develop the lands contained in this plan of subdivision in phases, the Owner shall first obtain the written approval of the Town and the Regional Municipality of Durham to the phasing program. SCHEDULE "B" 1. INDUSTRIAL COMPONENT (1) (a) The Owner shall construct within the Town of Pickering, industrial buildings having a total floor area of not less than 15,000 square feet, and based on the Town's 40 (industrial) - 60 (res- idential) ratio, shall be enti- tled thereby to credits upon which the same number of residen- tial building permits may be issued. (b) The required industrial buildings shall be completed on or before the 31st day of December, 1981. (c) If, on the 1st day of January, 1982, the required industrial buildings have not been construc- ted, then commencing in 1982, the owner shall pay annually to the Town on the 15th day of January in each year the sum of $10,000 as liquidated damages until the required industrial buildings have been constructed. (d) The owner shall leave deposited with the Town upon the registra- tion of this plan, the Owner's performance security in the amount of $50,000 to guarantee the satisfactory completion on or before the 31st day of December, 1981, of the required industrial buildings, and to secure the payment of any liqui- dated damages that may become payable under (c), above. (2) The completion of the demolition of the existing buildings located on Lots 1 and 2 shall entitle the Owner to one further credit upon which one further residential building permit may be issued. 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