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HomeMy WebLinkAboutBy-law 1028/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1028 /79 Being a By-Law to authorize the execution of a Subdivision Agreement between the Corporation of the Town of Pickering and Bramalea Limited respecting Part Lot 30, Range 1, Broken Front Concession, Picker- ing (Draft Plan 18T-78050) WHEREAS, Bramalea Limited proposes to subdivide and register a plan of subdivision of Part Lot 30, Range 1, Broken Front Concession, Pickering; and 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- division Agreement between Bramalea Limited and the Corpor- ation 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 Bramalea Limited respecting the subdivision of Part Lot 30, Range 1, Broken Front Con- cession, Pickering (Draft Plan 18T-78050). BY-LAW read a first, second and third time and finally passed this 30th day of July , 1979. Clerk THIS AGREEMENT made this day of , 1979. BETWEEN: BRAMALEA LIMITED hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - hereinafter called the "Encumbrancers" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide certain parts of Lot 30, Range 1, Broken Front Concession, in the Town of Pickering in the Regional Municipality of Durham, and with the consent of the Encumbrancers, to register a plan of subdivision of those lands, as shown on a draft plan of subdivision prepared by Walter J. Carbis, O.L.S., dated June 5th, 1978, as revised, designated as Draft Plan Number 18T-78050; and WHEREAS, the Encumbrancers have certain rights or interests in the nature of encumbrances relating to the lands affected hereby; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the Town approving the said proposed plan of subdivision, and the covenants hereinafter expressed, the parties hereto covenant and agree one with the other as follows: - 2 - PART 1 - PROPERTY DESCRIPTION 1. LAND AFFECTED The lands affected by this Agreement are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario, and being composed of, - 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 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. 4. STORM SEWERS (1) The Owner agrees to construct a com- plete 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 adjacent 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 maintain them, including clearing any block- ages 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 sub- division 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 in- adequate stream or structure exist in the outlet system outside the subdi- vision, the owner may be required to carry out such works as are necessary to provide adequate outlets. - 4 - PART 2 - SERVICES (Cont'd) 4. STORM SEWERS (Cont'd) (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 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 specifications for paved roads of the Town in effect at the date hereof including such boundary or approach roads as may be necessary to provide an adequate access. The specifica- tions for boulevard grading, sidewalks and sod- ding shall apply to existing roads adjacent to the said plan of subdivision. The Owner coven- ants and agrees that until assumption by the Town, it will maintain and repair streets both within and outside the subdivision where con- struction has taken place or that are used by construction traffic entering the subdivision and keep them clear of dust, refuse, rubbish, or other litter of all types. The Owner will erect and maintain adequate signs to warn all persons using the subdivision roads that the maintenance of them has not been assumed by the Town from the time that they are opened until formal assumption by the Town. - 5 - PART 2 - SERVICES (Cont'd) 7. CURBS & GUTTERS The Owner agrees to construct curbs and gut- ters on the roads shown on the plan of sub- division, and on Rosebank Road adjacent to Lots 1, 2, 3, 4, 5, 6, 7, 104, 105, 106 and 107, according to the specifications of the Town in effect at the date hereof and to maintain them until they are formally accep- ted 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 depression according to the said specifications. 8. SIDEWALKS The Owner agrees to construct sidewalks on, (a) the north side of Acorn Circle between Rosebank Road and Block B; (b) the south and west side of Acorn Circle between Rosebank Road and a point on the easterly extension of the southerly lot line of Lot 62; (c) the west side of the easterly section of Broadoak Crescent; (d) the east side of the westerly section of Broadoak Crescent; (e) Block B, from the street line to a point 31 metres north of the street line; and (f) the east side of Rosebank Road from a point on the westerly extension of the southerly lot line of Lot 1 to a point on the westerly extension of the south- erly limit of Toynevale Road, according to the specifications of the Town in effect at the date hereof and to maintain them until they are formally accepted by the Town. 9. UNDERGROUND ELECTRIC DISTRIBUTION & 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. - 6 - PART 2 - SERVICES (Cont'd) 9. UNDERGROUND ELECTRIC DISTRIBUTION & STREET LIGHTING (Cont'd) 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 thirty (30) 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 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 Insur- ance Policy shall not lapse. 12. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a 1000 performance and maintenance secur- ity in form satisfactory to the Town and in the amount of $ - 7 - PART 2 - SERVICES (Cont'd) 12. PERFORMANCE & MAINTENANCE GUARANTEE (Cont'd) to guarantee the satisfactory com- pletion of the work and to guaran- tee the workmanship and materials for a period of two (2) years from the date that the said works are completed and such completion acknowledged, in writing, by the Director of Public Works. Such performance and maintenance secur- ity 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 applica- tion shall be made to the Town Manager. Upon written verification of the Director of Public Works that the services for which reduc- tion is being sought have been sat- isfactorily completed, the Town Manager may reduce the amount of the security to any amount not less than ten per cent (loo) of the original value, which ten per cent portion shall apply as the security for maintenance until the obligation to maintain has expired, when the balance of the security shall be returned to the Owner subject to any deductions for main- tenance purposes. (2) Upon the approval, if any, of a reduction in the amount of the sec- urity required to be provided in subsection 1, the Town Manager shall provide to the owner any nec- essary assurances to effect the reduction. 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 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 adja- cent lands which drain through the said subdivision. The said Grading Control Plan is to be prepared in accordance with the Town's Lot Drain- - 8 - PART 2 - SERVICES (Cont'd) 13. DRAINAGE - SODDING (Cont'd) age specifications in effect at the date of this Agreement and is sub- ject to the approval of the Metro- politan Toronto and Region Conser- vation Authority. (2) The grading of all lands except Blocks A, B and C shall be carried out by the Owner in accordance with such Grading Control Plan under the supervision of the Owner's Consult- ing Engineer. If, in the opinion of the Director of Public Works, drainage 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 correct such prob- lems. (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. (4) Notwithstanding the provisions of subsections 2 and 3, the Owner shall grade, in accordance with the Grading Control Plan, that part of Block B lying between Lots 94 and 95 and shall sod the unpaved por- tion thereof at or prior to the sodding of the adjacent boulevard on Acorn Circle. 14. INCOMPLETED OR FAULTY WORK If, in the opinion of the Director of Pub- lic Works, the Owner is not prosecuting or causing to be prosecuted the work in con- nection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the owner in any other manner, in the opinion of the Director of Public Works, - 9 - PART 2 - SERVICES (Cont'd) 14. INCOMPLETED OR FAULTY WORK (Cont'd) 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 not- ification 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 Direc- tor 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 mat- erial 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 obli- gations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 15. DEDICATIONS The Owner shall dedicate as public highway, upon the registration of the final plan, or convey, free and clear of all encumbrances, within the thirty (30) days immediately following the registration of the final plan, the lands indicated in Column I of the following Table to the respective authority named in Column II of the Table: Column I Acorn Circle ('A' Street) Alder Court ('C' Place) Broadoak Crescent ('B' Crescent) Cottonwood Court ('D' Place) 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 - 10 - PART 2 - SERVICES Mont'& 15. DEDICATIONS (Cont'd) Column -1 Fernham Court ('E' Place) Toynevale Road ('F' Place) 16 Column II The Corporation of the Town of Pickering The Corporation of the Town of Pickering TRANSFERS - CONVEYANCES The Owner shall. convey free and clear of a ;l 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 indi- cated in Column I of the following Table to the respective authority named in Column II of the Table: Column I Block D Block E Block F Block G 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 17. TRANSFERS - EASEK NTS The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm sewer services both within the boundaries of the developr"nt and across lands adjacent to the devel_oprvnt but outside its boon,?cries. Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. The construc- tion of any services in such easement or ease- ments shall not commence until- the easement has been acquired, unle ; permission to do so has been obtained by the Omer, in writing, from the Town and from the registered owner of the lands across which the enscment shall lie. - 11 - PART 2 - SERVICES (Cont'd) 18 19 . 20 STREET NAMING The Owner shall name, on the final plan, the streets indicated (by Draft Plan designation) in Column I of the following Table, with the respective names set out in Column II of the Table: Column I 'A' Street 'B' Crescent 'C' Place 'D' Place 'E' Place 'F' Place Column II Acorn Circle Broadoak Crescent Alder Court Cottonwood Court Fernham Court Toynevale Road SERVICE CAPACITY 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 sew- age treatment plant capacity and water capa- city for the development. 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 sidewalk is to be provided, between the curb and the street line. (b) Ontario Hydro Rights-of-Way In the event that a right-of-way of Ontario Hydro passes through or is immediately adjacent to the lands herein, to fence such right-of-way on both sides, or the adjacent side thereof, as the case may be, prior to devel- oping the adjacent lands. The fence is to be of construction and design as may be approved by the Town. - 12 - PART 2 - SERVICES (COnt'd) 20. GENERAL PROVISIONS - SERVICES (Cont'd) (c) Continuation of Existinq 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. (d) Public Lands - Fill & Debris To neither dump nor permit to be dumped, any fill or debris on, nor to remove or permit to be re- moved, any fill from any public lands, other than the actual con- struction of roads in the subdivi- sion without the written consent of the authority responsible for such lands. The Owner shall, on request, supply the Town with an acknowledgement from such author- ity 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 pub- lic lands. (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 Agree- ment, 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 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 utili- ties installed under this Agree- ment in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. - 13 - PART 2 - SERVICES (Cont'd) 20. GENERAL PROVISIONS - SERVICES (Cont'd) (g) Specifications Unless otherwise provided, to per- form any work required to be done under this Agreement to the spec- ifications 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 speci- fications of the Town. (i) Permanent Siqns To provide and erect at his own cost, permanent signs at loca- tions designated by the Director of Public Works to the specifica- tions 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 Plowinq & Sandinq of Roads If, in the opinion of the Director of Public Works, the condition of the road surface is not acceptable to him 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 con- trol 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 Public Works for winter control. (1) Survey Monuments & Markers Prior to the acceptance of the sub- division by the Town, to supply a statement by an Ontario Land Sur- - 14 - PART 2 - SERVICES (Cont'd) 20. GENERAL PROVISIONS - SERVICES (Cont'd) (1) Survey Monuments & Markers (Cont'd) 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. - 15 - PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS 21. 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 build- ing or part of a building in the subdi- vision shall be occupied except upon the issuance of a municipal occupancy permit. (c) It is agreed that no application for a municipal occupancy permit for a building or part of a building shall be made except upon the following con- ditions: (i) Sewer and water facilities are installed and in oper- ation to adequately serve such building or part thereof; (ii) Electric service is com- pleted and in operation; and (iii) Curbs have been constructed and an asphalt base laid on the road immediately in front of the building or part thereof and both ex- tended to an existing main- tained public road. (d) The Owner agrees with the Town that should any building or part thereof in the subdivision be occupied with- out 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 liquida- ted damages therefor. The issuance by the Town of municipal occupancy permits for each and every building on any lot or block in the subdivi- sion shall be deemed to be a release from the provisions of this subsec- tion with respect to that lot or block. - 16 - PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) 21. CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) (e) The Owner further covenants and agrees to maintain vehicular access to all occupied buildings on the subdivision, until the roads are formally assumed by the Town, and further agrees to obtain similar covenants from any subse- quent Owner of any of the lands in the said subdivision. 22. TIME LIMIT FOR CONSTRUCTION The Owner agrees to construct or cause to be constructed, one hundred and forty-three (143) housing units, all of which shall be completed within two (2) years of the date of registra- tion of the plan. 23. SITE PLANNING (a) The Owner agrees that prior to the issuance of building permits for any of the residential units to be erected on the lands, it shall sub- mit architectural 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 Planning; (b) street scape to show all street furniture and vegetation; (c) the relationship of build- ings by blocks; and (d) any other data or informa- tion required by the Town. - 17 - PART 3 - CONSTRUCTION & 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 fur- ther agrees that upon approval by the Town of a landscaping plan, the land- scaping 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". - 18 - PART 4 - FINANCIAL MATTERS 25. 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. Pay- ments 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 provi- sions 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. 26. 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 sat- isfactory to the Town, for the sum of $214,500 as security for: (a) the payments referred to in section 25 hereof, and (b) the payment of liquidated damages referred to in subsection (d) of section 21 hereof. 27. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the said plan of subdivision, as required by law from time to time. (b) Local Improvements Prior to the release of the plan for registration, to prepay any outstanding local improvement charges which are levied against any of the lands on the said plan of subdivision. - 19 - PART 4 - FINANCIAL MATTERS (Cont'd) 27. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd) (c) Interest To pay interest at the rate of fourteen per cent (140) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (d) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documentation including transfers, in the Land Titles Office. (e) Lien or Other Claims Upon applying for final accep- tance of the subdivision, to supply the Town with a Statu- tory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivision or if such claims do exist, the Owner agrees to indemnify the Town against any claims, actions or demands for mechanics' liens or otherwise and all costs in connection therewith. 28. 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 Agree- ment, 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 satisfac- tion of the Town. Should no such further letter of credit or bond be provided as required, then the Town shall have the - 20 - PART A - FINANCIAL MATTERS (Cont'd) 28. EXPIRY OF SECURITIES (Cont'd) right to convert the expiring letter of credit or bond into cash and hold the cash in lieu of and for the same purposes as any further let- ter of credit or bond. 29. TERMINATION OF LEVY/OCCUPANCY SECURITY (1) The letter of credit required to be deposited with the Town pursuant to the provisions of section 26, above, may only be terminated or cancelled by the Owner after the Municipal Occupancy Permit for the last build- ing or part thereto to be construc- ted 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 Permits are issued. (3) No application under subsection 2 shall be made for a reduction of less than $37,500, i.e. respecting less than 25 buildings, or parts thereof, for which Municipal Occu- pancy Permits have been issued. - 21 - PART 5 - PARKS & TREES 30. PROVISION OF PARKLAND (a) The Owner shall convey to the Town, at no cost to the Town and free and clear of all encumbrances, within thirty (30) days immediately following the regis- tration of the final plan, all of Block B, as shown on that plan, for park purposes. (b) The Town agrees to accept such a convey- ance in satisfaction of the Owner's obligation to provide parkland as a condition of the approval of this plan. (c) The Town and the Owner hereby acknow- ledge and agree that it is the inten- tion of each that the owner shall offer to sell and the Town shall offer to purchase all of Blocks A and C, as shown on the final plan, for the pur- pose of expanding upon the Town's park system. (d) Further, the Town and the Owner agree that, in the event the transaction referred to in subsection (c) is not completed, the owner may apply to the Town for an amendment to this Agree- ment respecting those Blocks. 31. OPEN SPACE/PARK FENCING & OTHER FENCING (a) (i) The Owner shall place and maintain a temporary snow fence, secured by "T" bar posts located not more than 2.5 metres apart, along all boundaries of Blocks A, B and C, prior to the commencement of any construction, includ- ing rough grading. (ii) The Director of Parks and Recreation may permit deviation from the require- ments of clause (i), above, in order to permit the Owner to effect grading of adjacent lands. (iii) The Owner agrees to compen- sate the Town for any dam- age to Town lands resulting from incursions thereon during grading or other con- struction in the subdivision. - 22 - PART 5 - PARKS & TREES (Cont'd) 31. OPEN SPACE/PARK FENCING & OTHER FENCING (Cont'd) (b) The Owner shall erect, upon the comple- tion of final lot grading and seeding or sodding the lands in the subdivision, a permanent fence, (i) of nine (9) gauge, galvan- ized steel link fencing, 2.0 metres high, having minimum 0.05 metre mesh, along the easterly bound- aries of Lots 64, 65, 71, 72 and 73, adjacent to the lands owned by Canadian National Railway; (ii) of nine (9) gauge, galvan- ized steel link fencing, having minimum 0.05 metre mesh, or equivalent vinyl- coated steel link fencing as may be approved by the Town, 1.5 metres high, along the boundary of the subdivision adjacent to Lots 73, 80, 81, 82, 85-91, inclusive, 109, 108 and the northerly side of Lot 107 (iii) of nine (9) gauge, galvan- ized steel link fencing, 1.5 metres high, having minimum 0.05 metre mesh, 1. along the north- westerly boundary of Block D, except for a 1.0 metre opening to be located to the sat- isfaction of the Director of Parks and Recreation, 2, along the boundary of Blocks A and B, between the north- westerly end of Block D and the rear lot line of Lot 91, 3. along the north- westerly bound- aries of Lots 91-104 inclusive, 4. along the westerly boundary of Lot 94, and - 23 - PART 5 - PARKS & TREES (Cont'd) 31. OPEN SPACE/PARK FENCING & OTHER FENCING (Cont'd) 5. along the easterly boundary of Lot 95; (iv) of nine and three quarter (9-3/4) gauge, nine (9) strand, galvanized steel farm fence, 1.25 metres high, having maximum 0.10 x 0.40 metre mesh, 1. along the entire southerly bound- ary of the sub- division. 32. 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 install within the parkland, open space or walkways, as the case may be, at a distance no greater than six (6) metres from the property line, suitable swales and catch basins to adequately manage, in the opinion of the Director of Parks and Recreation, all surface run-off water, draining onto the parkland, open space or walkways from the lands within the subdivision. 33. 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 six (6) months after final grading is done in the specified area. (c) (i) The Owner shall provide at least one (1) tree per res- idential unit in the subdi- vision. - 24 - PART 5 - PARKS & TREES (Cont'd) 33. TREE PLANTING (Cont'd) (ii) Where the density is too great to enable this quota to be met, the owner shall provide $35 per unit for tree plant- ing in a public land area within the commun- ity 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 Programme, which programme shall be submitted to the Director of Parks and Recreation and shall not be put into effect until it has received the approval of the Director of Parks and Recreation. In determining whether or not to approve the Tree Preservation Programme, the Director shall be governed by the Town Tree Preservation guidelines in effect as at the date hereof. - 25 - PART 6 - GENERAL REQUIREMENTS 35. The Owner agrees with the Town: (a) (b) (c) Licence to Enter To retain a licence from any sub- sequent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. Cancellation of Agreement In the event the plan is not registered on December 31st, 1980, at its option on one to the Owner, declare to be null and void. Notice of subdivision or before the Town may, month's notice this Agreement Any notice required to be given here- under 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. 36. The Encumbrancers agree with the Town that this Agreement 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 was estab- lished or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. 37. 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. 38 The provisions attached hereto Agreement. in Schedules "A" and "B" shall form part of this 39. Time shall be of the essence of this Agreement. - 26 - PART 6 - GENERAL REQUIREMENTS (Cont'd) 40. 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 of their proper officers in that behalf fully authorized. SIGNED, SEALED and DELIVERED BRAMALEA LIMITED Per: Per: THE CORPORATION OF THE TOWN OF PICKERING Mayor 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 spec- ified 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. Any work other than that specifically provided for in the Table shall be completed within the time limit provided for therein for aboveground services. Table Works Time Limit for Completion (a) Underground One year from the date Services of the registration of the final plan of subdivision (b) Aboveground Services Two years from the date of the registration of the final plan of subdivision 2. PHASING OF DEVELOPMENT The Owner agrees that should it wish to devel- op the lands contained in this plan of subdi- vision 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/COMMERCIAL COMPONENT (a) The Owner shall construct within the Town of Pickering, industrial or commercial buildings having a total floor area of not less than 13,285 square metres, and based on the Town's 40 (industrial) - 60 (residential) ratio, shall be entitled thereby to 143 credits upon which the same number of residential building unit permits may be issued. (b) The required industrial or commercial buildings shall be completed on or before the 31st day of December, 1982. (c) If, on the 1st day of January, 1983, the required industrial or commercial build- ings have not been constructed, then commencing in 1983, the Owner shall pay annually to the Town on the 15th day of January in each year, liquidated damages in the amount of $350 for every 93 square metres or part thereof of the required industrial or commercial buildings not constructed on each January 1st. (d) The Owner shall leave deposited with the Town, its performance guarantee in the amount of $250,000 to guarantee the satisfactory completion of the required industrial or commercial buildings on or before the 31st day of December, 1982, and to secure the payment of any liquidated damages that may become pay- able under (c) above. 2. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") (a) Neither the Owner, nor any of its agents, contractors or servants, shall place fill of any kind beyond the M.T.R.C.A. fill regulation line within or adjacent to this plan. (b) Any site plan required by section 23 and any grading control plan required by section 13 shall be subject to the approval of M.T.R.C.A., insofar as any such plan relates to Lots 64, 65, 66, 71, 72, 73, 80, 81, 82, 85, 86, 87, 88, 89, 90 and 91. (c) The Owner shall not require a building permit to be issued for any of the lots referred to in (b) until M.T.R.C.A. approval is granted to the plans refer- red to in (b). SCHEDULE "B" (Cont'd) 3. MINISTRY OF NATURAL RESOURCES ("M.N.R.") (a) Prior to the commencement of any grad- ing or construction of or on the lands in this plan, the Owner shall, (1) prepare a detailed engineer- ing report, acceptable to M.T.R.C.A. and the Maple District Office of M.N.R., describing, (a) the storm water man- agement techniques, limiting the amount of warm, silt laden or chemically altered storm water entering Petticoat Creek, intended to be employed to min- imize the storm water directed into that creek, and (b) the development and construction tech- niques and safeguards intended to be used to contain and mini- mize the effects of erosion and silta- tion on the lands in the plan prior to, during and after the construction period, and (2) carry out, or cause to be carried out, any works recommended in the report referred to in (1) and approved by M.T.R.C.A., M.N.R. and the Town. (b) The Town shall not be liable for any costs whatsoever of the preparation of evalua- tion of the report referred to in (a), nor of the carrying out of works result- ing therefrom, and the Owner hereby agrees to indemnify the Town in this respect. 4. MINISTRY OF THE ENVIRONMENT ("M.O.E." The Owner shall, at its sole expense, undertake to the Town's satisfaction, any noise attenua- tion measures required by M.O.E. SCHEDULE "B" (Cont'd) 5. CANADIAN NATIONAL RAILWAY ("C.N.R." (a) The Owner shall provide notice on the title to each parcel of land sharing a common boundary with C.N.R. that the maintenance of any fence on that bound- ary shall be the responsibility of the owners of the parcel. (b) The Owner shall not alter the natural drainage of the lands in this plan if such alteration will alter the drain- age on the adjacent railway right-of- way without first obtaining C.N.R.'s approval. 6. TEMPORARY TURNING CIRCLES Notwithstanding the provisions of sections 6, 7 and 8 of this Agreement, the Owner shall con- struct, at its sole expense and to the Town's specifications, a temporary turning circle at the southerly ends of Acorn Circle, the east- erly portion of Broadoak Crescent and the westerly portion of Broadoak Crescent. 7. 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, (a) include the construction and removal of the temporary turning circles re- quired under section 6 of this Sche- dule, and (b) exclude works required to be carried out pursuant to sections 2, 3, 4 or 5 of this Schedule unless such works are also required under a section in the Agreement other than sections 2, 3, 4 and 5 of this Schedule.