HomeMy WebLinkAboutBy-law 4457/94 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4457/94
Being a by-law to authorize the execution of Subdivision
Agreements and related documentation respecting the
development of Part Lot 29, Concession 1, Pickering
[Brarnalea Limited - 18T-93013 (Phases 1 and 2)].
WHEREAS, the proposal to subdivide and register a plan of subdivision (in two phases) of part of Lot
29, Concession 1, Picketing, has been approved by the Acting Commissioner of Planning of The
Regional Municipality of Durham as Draft Plan 18T-93013, subject to several conditions, one of which
requires the entering into of a satisfactory Subdivision Agreement for each phase thereof with The
Corporation of the Town of Picketing, pursuant to the provisions of the Planning Act, R.S.O. 1990,
chapter P. 13 section 51 (6) and
WHEREAS, pursuant to the provision of the Municipal Act, R.S.O. 1990, chapter M.45, section 191(1)
the Council of the Corporation of the Town of Picketing may pass by-laws for acquiring any land or
interest therein for the purposes of the corporation.
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. (a) The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement in the
form attached hereto as Schedule A, between Bramalea Limited and The Corporation of
the Town of Picketing, respecting the development of part of Lot 29, Concession 1,
Pickering, being Phase 1 of Draft Plan 1 gT-93013.
(b) The Corporation of the Town of Picketing shall acquire those lands or interests in the
lands referred to in section 34 and identified in Schedule A of that Subdivision
Agreement subject to the terms and conditions and for the purposes set out therein.
2. (a) The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement in the
form attached hereto as Schedule B, between Bramalea Limited and The Corporation of
the Town of Picketing, respecting the development of part of Lot 29, Concession 1,
Picketing, being Phase 2 of Draft Plan 18T-93013.
(b) The Corporation of the Town of Picketing shall acquire those lands or interests in the
lands referred to in section 34 and identified in Schedule A of that Subdivision
Agreement subject to the terms and conditions and for the purposes set out therein.
3. The Mayor and Clerk are hereby authorized to execute Transfers/Deeds of Easement in the form
attached hereto as Schedule C, effecting the acquisition by The Corporation of the Town of
Picketing of any interests in the nature of storm drainage works easements in the land comprising
Draft Plan 18T-93013.
BY-LAW read a first, second and third time and finally passed this 27th day of June. 1994.
TO",V N OF
PIC, ...P, ....
Brace Taylor, Clerk
LEGAL DEPT.
$CI-IEDULE A
THIS SUBDIVISION AGREEMENT made June 27, 1994, pursuant to the provisions of section 51 of the
Planning Act, R.S.O. 1990, chapter P. 13,
BETWEEN:
BRAMALEA LIMITED.
herein called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to subdivide part Lot 29, Concession 1, in the Town of Pickering, in the
Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan
of subdivision designated as Draft Plan Number 18T-93013 [Phase 1], and is required as a condition of approval
thereof to enter into a subdivision agreement with the Town pursuant to section 5 ! of the Planning Act, R.S.O.
1990, chapter P.13;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the Town consenting to
the registration of the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto
covenant and agree one with the other as follows:
PART I - INTERPRETING AND APPLYING THIS AGREEMENT
The lands affected by this Agreement (the "Lands") are Lots 1 to 24 and Block 25, Plan 40M- ,
Pickering.
2. STATUS OF TI-IIS AGREEMENT
(1) In the event the plan of subdivision is not registered on or before February 27, 1995, this
Agreement shall be null and void and of no further effect, and the Town shall not be liable for
any expenses, costs or damages suffered by the Owner as a result thereofi
(2) This Agreement is entered into and executed by the Owner for the purpose of having the Town
act in reliance on the covenants by the Owner contained herein and the Owner hereby waives any
right or claim which it now has or may hereinafter acquire which is inconsistent with the terms of
this Agreement.
(1) Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as "he",
"she", "they", "him", "her" or "them", and the number of the verb agreeing therewith shall be
construed accordingly.
(2) Schedules A, B, C, D and E attached hereto shall form part of this Agreement.
(3) Time shall be of the essence of this Agreement.
4. B DI P
This Agreement shall be enforceable by and against the Parties hereto, their heirs, executors,
administrators, successors and assigns, and the Agreement and all the covenants by the Owner contained
herein shall run with the Lands for the benefit of the Town and the land or interests in land owned by the
Town upon the registration of the plan.
5. NOT1CE
(1) Any notice required to be given hereunder may be given by personal delivery or registered mail,
(a) in the case of the Owner, to
John D. Whitehead, Director, Land Operations
Residential Group
Bramalea Limited
20 Richmond Street East
Toronto, Ontario
M5C 2Z4
and
(b) in the case of the Town, to
The Town Clerk
The Corporation of the Town of Picketing
Pickering Civic Complex
One The Esplanade
Pickering, Ontario
L1V 6K7
(2) Each Party may redesignate the person or the address, or both, to whom or to which such notice
may be given by giving written notice to the other.
(3) Any notice given in accordance with this section shall be deemed to have been given on the
second day following the day of delivery or the day of mailing, as the case may be.
The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to
enable the Owner and the Town's inspectors to enter upon the Lands in order to comply with the
provisions of this Agreement.
7. OWNER'S GENERAL UNDERTAKING
The Owner shall complete in a good workmanlike manner for the Town, all the municipal services as
hereinafter set forth to the satisfaction of the Town, and shall complete, perform or make payment for
such other matters as may be provided for herein.
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Every provision of this Agreement by which the Owner is obligated in any way shall be deemed to
include the words "at the expense of the Owner and at no expense to the Town" unless the context
requires otherwise.
PART 2 - CONSTRUCTING THE TOWN'S SERVICES
9. CONSULTING ENGINEERS
(1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry
out all the necessary engineering and to supervise the work required to be done for the
development and construction of the project.
(2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work
required to be done for the development and construction of the project is completed and
formally accepted by the Town.
(3) The Owner may change from one Consulting Engineer to another at any time or times during the
development and construction of the project, so long as the Owner has a Consulting Engineer
retained at all times.
10. CONSTRUCTION / INSTALLATION OF TOWN WORKS AND SERVICES
(1) The Owner shall obtain all required approvals and shall construct or install to Town standards
and shall provide to the Town, complete in every detail, the following To(vn works and services
(the "Works") as shown on plans submitted by the Owner's Consulting Engineer to the Town and
approved by the Town's Director of Public Works in accordance with the Town's specifications
for such Works:
(a) Town roads within the plan, complete with all signs and other appurtenances;
(b) Town roads adjacent to the plan and not separated from the plan by a reserve or reserves,
complete with all appurtenances;
(c) removal and replacement of any temporary turning circle located immediately adjacent to
the plan on a Town road to be extended into the plan;
(d) street storm sewers on roads referred to in (a) and (b), complete with curbs, gutters,
catchbasins and manholes;
(e) storm water drainage and management system serving the lands in the plan and lands
outside the plan but draining through the plan, complete with detention or retention
facilities, quality control devices and outlets;
(f) boulevards and sidewalks on Town roads within the plan, on Town roads adjacent to the
plan but not separated from the plan by a reserve or reserves, and on Town roads to be
extended into the plan where the Owner is required to remove and replace a temporary
turning circle;
(g) street lighting on Town roads within the plan, on Town roads adjacent to the plan but not
separated from the plan by a reserve or reserves, and on Town roads to be extended into
the plan where the Owner is required to remove and replace a temporary tuming circle;
(h) street tree planting on Town roads within the plan, on Town roads adjacent to the plan but
not separated from the plan by a reserve or reserves, and on Town roads to be extended
into the plan where the Owner is required to remove and replace a temporary turning
circle;
(i) walkways on walkway blocks and park entrances, complete with walkway fencing and
lighting; and
(j) other fencing, including,
(i) fencing adjacent to commercial sites, school sites, parks, open space, storm water
management facilities and roads adjacent to the plan and separated from the plan
by a reserve or reserves, and
(ii) noise attenuation fencing.
(2) If at any time prior to the acceptance of the Works, the Town's Director of Public Works is of the
opinion that additional works are necessary to provide adequately any of the public services
required by the project, the Owner shall construct, install or perform such additional works at the
request of the Director.
(3) All Works shall be constructed and installed in accordance with the Town's specifications and in
a good and workmanlike manner under the supervision of the Owner's Consulting Engineer and
under the observation of the Town's inspectors or, in the case of street lighting, Pickering Hydro's
inspectors.
(4) The Owner shall conduct video inspections of all underground services required to be
constructed or installed hereby and shall provide a VHS-format videotape record of those
inspections to the Town.
(5) The Owner shall pay to the Town the Town's costs of inspection, including but not necessarily
limited to, salaries and wages of inspectors, testing fees and administration fees, within 30 days
of invoices being rendered.
11. GENERAL REGULATIONS RESPECTING SERVICING
(1) The construction of Town roads shall include the construction of paved driveway approaches
between the curb and sidewalk or, where no sidewalk is to be provided, between the curb and the
lot line.
(2) Where the construction or installation of services involves a continuation or extension of existing
services, the Owner shall join into the existing services, including adjustment of grades where
necessary, in a good and workmanlike masmer.
(3) The Owner shall not dump nor permit to be dumped any fill or debris on, nor remove or permit to
be removed any fill from, any public lands, other than in the actual construction of roads in the
project without the written consent of the authority responsible for such lands.
(4) The Owner shall not bum nor permit to be burned any refuse or debris within the project or
adjacent to it.
(5) The Town's 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 or installation of any
services required by this Agreement, and the cost of such tests shall be paid by the Owner within
30 days of invoices being rendered.
(6) The Owner shall pay, within 30 days of invoices being rendered, the costs of,
(a) relocating any existing services or utilities required to be relocated by the construction or
installation of Works, services, or utilities in the project, and
(b) moving any Works, services or utilities installed in driveways or so close thereto, in the
opinion of the Town's Director of Public Works, as to interfere with the use of the
driveway.
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(7) Unless otherwise provided herein, the Owner shall perform any work required to be done under
this Agreement to the specifications of the Town in effect at the date hereof.
(8) The Owner shall provide and erect temporary signs of such nature and at such locations as
designated by the Town's Director of Public Works.
12. ELECTRICAL SERVICES
Where electricity, cable television service or telephone service is to be provided to any lot or block in the
project, it shall be provided underground and in accordance with the standards and specifications of
Picketing Hydro-Electric Commission, Trillium Cable T.V. Limited or Bell Canada, as the case may be.
13. TREE INVENTORY / TREE PRESERVATION PROGRAM
(1) The Owner shall submit a Tree Inventory and a Tree Preservation Program prepared by a
qualified expert, and based upon the Town-approved Grading Control Plan, indicating which
existing trees in the project may be preserved to the Town's Director of Public Works for the
review and approval of the Town's Director of Planning and Director of Community Services and
Facilities, and shall implement the Program as approved only.
(2) Until the Tree Preservation Program is approved the Owner shall not commence, nor allow to be
commenced, any aspect of the development of the lands in the project, including the removal of
any tree.
(3) In the event that any tree required to be preserved by the approved Tree Preservation Program is
removed or is, in the opinion of the Town's Director of Community Services and Facilities,
damaged to such an extent that its value or longevity is decreased or is likely to be decreased,
then the Owner shall replace that tree with a tree ora height, diameter and species determined by
the Director; such replacement shall be at no cost to the Town.
(4) The Owner's liability under subsection (3) shall continue until,
(a) where the lands upon which the tree is located comprise a residential building lot or
block, twelve months after the completion of the sodding on the lot or block, or
(b) where the lands upon which the tree is located comprise lands other than a residential
building lot, the issuance by the Town of the Final Acceptance Certificate.
14. GRADING CONTROL PLAN / LOT DRAINAGE AND SODDING
(1) The Owner shall submit to the Town, for the approval of the Town's Director of Public Works, a
Orading Control Plan and geotechnical soils analysis prepared by the Owner's Consulting
Engineer, establishing the proposed grading of the lands in the project to provide for the proper
drainage thereof and the drainage of all adjacent lands which drain through the lands in the
project.
(2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage
Specifications and shall not provide for the drainage of surface run-off water onto Town-owned
parkland, open space or walkways unless provision is made for the installation by the Owner, at
no cost to the Town, of suitable swales and catch basins to manage adequately, in the opinion of
the Town's Director of Community Services and Facilities, that surface mn-off water.
(3) The Owner shall grade all the lands in the project in accordance with the approved Grading
Control Plan, ensuring that sufficient topsoil remains as cover on all areas of the project intended
for sodding, seeding, or other planting.
(4) If the Town determines that,
(a) grading has not been done in accordance with the Grading Control Plan,
(b) grading has been done in accordance with the Grading Control Plan but drainage
problems remain, or
(c) sufficient topsoil has not been left in the appropriate areas,
the Owner shall re-grade the project, or part thereof affected, adding a sufficient amount of
topsoil if necessary, or construct catch basins, swales or other structures as may be necessary to
correct such problems, as directed by the Town's Director of Public Works.
(5) The Owner shall sod the front, side and rear yards of each of the residential lots and blocks in the
project except for paved, planted or treed areas prior to the occupancy of the dwelling unit
located thereon or within the six months immediately thereafter except, where the occupancy of
the dwelling unit occurs in November or December of any year, the time limit for sodding may
be extended to June 30 in the following year.
15. AUTHORIZATION TO COMMENCE WORK
The Owner shall not commence the construction or installation of any of the Works without the written
Authorization to Commence Work of the Town's Director of Public Works, which Authorization shall
not be issued until all approvals required by this Agreement have been obtained and,
(a) four red-lined copies of this Agreement executed by the Owner and all Encumbrancers have been
provided to the Town to the satisfaction of the Town Solicitor;
(b) all monies, securities and insurance policies, as noted in this Agreement, have been delivered to
the Town to the satisfaction of the Town Treasurer and thc Town Solicitor;
(c) all approvals and permits have been obtained by the Owner from the Ministry of the
Environment, the Ministry of Natural Resources and the Metropolitan Toronto and Region
Conservation Authority, or a certificate has been provided by the Owner's Consulting Engineer
that no such approvals or permits are required; and
(d) three executed copies, in a form suitable for registration, of any Transfers/Deeds required by
section 34 respecting the conveyances identified in Schedule A have been provided to the Town
in registrable form to the satisfaction of the Town Solicitor.
16. USE OF WORKS PENDING COMPLETION / EMERGENCY REPAIRS
(1) Any of the Works may be used by the Town, or by such other person or agency as may be
authorized by the Town's Director of Public Works, for the purposes for which the Works are
designed, and such use shall not be deemed an acceptance of any of the Works by the Town, nor
an assumption by the Town of any liability in connection therewith, nor a release of the Owner
from any of its obligations under this Agreement.
(2) The Town may make emergency repairs at any time to any of the Works and may for this purpose
enter the Lands at any time; such repair or entry shall not be deemed an acceptance of any of the
Works by the Town, nor an assumption by the Town of any liability in connection therewith, nor
a release of the Owner from any of its obligations under this Agreement.
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17. I~NTERNAL / EXTERNAL ROAD MAINTENANCE AND REPAIR / SNOW PLOWING
(1) Throughout the term of this Agreement, the Owner shall,
(a) maintain all Town roads within the project in a mud and dust free condition and free of
obstructions, regardless of the source or cause of any mud, dust or obstruction;
(b) maintain all Town roads outside the project, including boulevards, in a mud and dust free
condition and free of obstructions, where the source or cause of the mud, dust or
obstruction is an operation or operations related in any way to the development of the
project;
(c) repair all Town roads outside the project, including boulevards, where damage has
occurred as a result of an operation or operations related in any way to the development
of the project; and
(d) plow snow from and salt all Town roads within the project that are not subject to the
Town's winter control program.
(2) The Owner, within 24 hours of verbal notification by the Town to it or its representatives, shall
undertake such works as are necessary to clean, clear, repair, plow or salt any Town road
requiring such work in the opinion of the Town's Director of Public Works or his designate.
18. COMPLETION DATES - TOWN WORKS AND SERVICES
(1) The Owner shall complete the Works in accordance with the following time limits:
(a) Town roads within the plan - two years from date of Authorization to Commence Work;
(b) Town roads adjacent to the plan o two years from date of Authorization to Commence
Work;
(c) removal and replacement of any temporary turning circle - two years from date of
Authorization to Commence Work;
(d) street storm sewers - one year from date of Authorization to Commence Work;
(e) storm water drainage and management system (including grading and top-soiling of non-
residential lots and blocks) - one year from date of Authorization to Commence Work;
(f)(i) boulevards and sidewalks on Town roads within the plan, on Town roads adjacent to the
plan but not separated from the plan by a reserve or reserves ~ six months after occupancy
of first dwelling to be occupied adjacent to segment as identified by the Town's Director
of Public Works, but no later than two years from date of Authorization to Commence
Work;
(f)(ii) boulevards and sidewalks on Town roads to be extended into the plan where the Owner is
required to remove and replace a temporary turning circle - two years from date of
Authorization to Commence Work;
(g) street lighting - one year from date of Authorization to Commence Work;
(h) street tree planting - two years from date of Authorization to Commence Work;
(i) walkways, walkway fencing and walkway lighting - prior to the occupancy of any
dwelling adjacent thereto;
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(j)(i) other fencing adjacent to,
A parks, open space and storm water management facilities - prior to the occupancy
of any dwelling adjacent thereto;
B commemial sites and school sites - one year from date of Authorization to
Commence Work; and
C roads adjacent to the plan and separated from the plan by a reserve or reserves -
six months after occupancy of first dwelling to be occupied adjacent to segment as
identified by the Town's Director of Public Works, but no later than two years
from date of Authorization to Commence Work; and
0)(ii) noise attenuation fencing - prior to the occupancy of any dwelling adjacent thereto,
following the satlsfactor7 completion and testing of all of which, and the approval thereof by the
Town, the Town shall issue to the Owner a Completion Acceptance Certificate.
(2) Despite the provisions of subsections (1)(f)(i) and (1)(j)(i)C, where the occupancy of the first
dwelling unit occurs in November or December of any year, the time limit for construction of the
adjacent boulevard, sidewalk or fencing segment shall be extended to June 30 in the following
year.
19. FAILURE TO COMPLETE / IMPROPER PERFORMANCE
(1) If, in the opinion of the Town's Director of Public Works, the Owner is not constructing or
installing the Works, or causing them to be constructed or installed, within the specified time or
so that they may be completed within the specified time, or is improperly performing the Works,
or has neglected or abandoned them before completion, or has unreasonably delayed them so that
the terms and conditions of this Agreement are being violated or executed carelessly or in bad
faith, or has neglected or refused to renew or again perform Works rejected by the Director of
Public Works as defective or unsuitable, or has in any other manner, in the opinion of the
Director of Public Works, defaulted in the performance of the terms and conditions of this
Agreement, then the Director may notify the Owner and his surety in writing of the default or
neglect and if the notification be without effect for seven days, then the Director shall have full
authority to make any payment or do any thing, including but not limited to obtaining materials,
tools and machinery and employing persons required for the proper completion of the Works or
rectification of the default, at the cost and expense of the Owner or his surety, or both.
(2) In cases of emergency, in the opinion of the Director of Public Works, such Director may act
without prior notice but the Owner and its surety shall be notified forthwith.
(3) The cost of rectifying the default shall be calculated by the Director of Public Works, whose
decision shall be final, and may be charged to the Owner, together with a 25 per cent engineering
and administration fee, by drawing upon the letter of credit filed with the Town under section 21.
20. QI. JARANTEE OF WORKS. WORKMANSHIP AND MATERIALS
(1) The Owner shall guarantee all Works, workmanship and materials employed or used in the
construction, installation or completion of Works, services and other requirements under this
Agreement for a minimum period of two years (the "maintenance period") following the issuance
of the Completion Acceptance Certificate by the Town.
(2) Despite any other provisions of this Agreement, the responsibilities of the Owner during the
maintenance period shall include the maintenance of the Works, including the rectification of any
unsatisfactorily installed Works.
(3) Prior to the end of the maintenance period, the Owner's Consulting Engineer shall submit to the
Town,
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(a) "as built" construction drawings for the Works complete as per Town standards, together
with that Consulting Engineer's certificate that those drawings accurately depict the
Works as constructed; and
(b) a statement by an Ontario Land Surveyor that all standard iron bars as shown on the
registered plan, and survey monuments at all block comers, at the ends of all curves
(other than corner roundings) and at all points of change in direction of streets in the plan
have been found or re-established.
(4) Prior to the end of the maintenance period, the Town will re-inspect the Works and if,
(a) the Works are acceptable; and
(b) the Owner has performed all of its obligations under the terms of this Agreement to the
satisfaction of the Town,
the Town will issue to the Owner a Final Acceptance Certificate at which time the Town will
assume ownership of the Works and the operation and maintenance thereof, and the maintenance
period will then end.
(5) If upon the re-inspection conducted prior to the end of the maintenance period,
(a) the Works are not acceptable, or
(b) the Owner has not performed all of its obligations under the terms of this Agreement to
the satisfaction of the Town,
the Town will advise the Owner of the deficiencies, the expected rectifications, and the time
limited for implementing the rectifications (the "rectification period") and the maintenance
period shall be extended to the end of the rectification period.
(6) At the end of the rectification period, the Town will re-inspect the Works and if,
(a) the Works are acceptable; and
(b) the Owner has performed all of its obligations under the terms of this Agreement to the
satisfaction of the Town,
the Town will issue to the Owner a Final Acceptance Certificate at which time the Town will
assume ownership of the Works and the operation and maintenance thereof, and the maintenance
period will then end.
(7) If upon the re-inspection conducted at the end of the rectification period,
(a) the Works are still not acceptable, or
(b) the Owner has not performed all of its obligations under the terms of this Agreement to
the satisfaction of the Town,
the Town's Director of Public Works shall determine, in his sole discretion, whether a further
rectification period will be granted~ and, if so, upon what terms and conditions, or whether the
Town shall proceed under the provisions of section 19, or both.
21. PERFORMANCE AND MAINTENANCE SECURITY
(1) Before this Agreement will be executed by the Town, the Owner shall file with the Town an
irrevocable letter of credit, issued by a chartered bank in Canada in the form set oat in Schedule
B and in an amount established by the Director of Public Works (the "original value"), as a
performance and maintenance security for the purpose of,
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(a) guaranteeing the satisfactory construction, installation or performance of the Works;
(b) guaranteeing the payment of any amounts payable to the Town under this Agreement;
(c) guaranteeing the payment of any amount that the Town may be required to pay under the
provisions of the Construction Lien Act, or any successor thereto, and
(d) guaranteeing all Works, workmanship and materials during the maintenance period and
any rectification period or periods and until a Final Acceptance Certificate has been
issued by the Town's Director of Public Works.
(2) The Owner may, at any time after the first 50 per cent, in value, of Works have been constructed,
installed or performed, and paid for, apply for a reduction in the security and such application
shall be made to the Town Treasurer.
(3) Upon written verification from the Director of Public Works that the construction, installation or
performance of the Works for which reduction is being sought have been satisfactorily completed
and paid for, the Town Manager may reduce the amount of the security to an amount not less
than,
(a) 60 per cent of the original value where no certificate or declaration of substantial
performance has been made;
(b) 35 per cent of the original value where,
(i) a ce~ificate or declaration of substantial performance has been published;
(ii) 45 days following such publication have expired; and
(iii) all liens that may be claimed against any holdback required to be retained by the
Town have expired or have been satisfied, discharged or provided for by payment
into court;
and
(c) 17 per cent of the original value where,
(i) a certificate of final completion has been made by the Owner's Consulting
Engineer;
(ii) 45 days following the making of such certificate have expired;
(iii) all liens that may be claimed against any holdback required to be retained by the
Town have expired or have been satisfied, discharged or provided for by payment
into court; and
(iv) a Completion Acceptance Certificate has been issued by the Town's Director of
Public Works,
which 17 per cent portion shall secure the guarantee of Works, workmanship and
materials, until a Final Acceptance Certificate has been issued by the Town's Director of
Public Works, when the balance of the security shall be returned to the Owner subject to
any deductions for rectification of deficiencies.
(4) Upon the approval, if any, of a reduction in the amount of the security required to be provided in
subsection (1), the Town Manager or the Town Treasurer shall provide to the Owner any
necessary assurance to effect the reduction.
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22. OWNER'S GENERAL INDEMNITY
Until the Town's Director of Public Works has issued the Final Acceptance Certificate for the Works,
the Owner shall indemnify the Town against all actions, causes of actions, suits, claims and demands
whatsoever, which may arise either directly or indirectly by reason of the Owner undertaking the project
or servicing the Lands as required under this Agreement.
23. OCCUPATIONAL HEALTH AND SAFETY
(I) The Owner certifies that it is aware of its duties and obligations under the Occupational Health
and Safety Act, or any successor thereto, and all Regulations thereunder (herein called the "Act"),
and shall ensure that its employees, contractors, subcontractors and their employees,
(a) are aware of their respective duties and obligations under the Act, and
(b) have sufficient knowledge and training to perform all works and services required
pursuant to this Agreement safely and in compliance with the Act.
(2) In the performance of all works and services required pursuant to this Agreement, the Owner
shall,
(a) act safely and comply in all respects with the Act, and
(b) ensure that its employees, contractors, subcontractors and their employees act safely and
comply in all respects with the Act.
(3) The Owner shall rectify any unsafe act or practice and any non-compliance with the Act
immediately upon being notified by any person of the existence of such act, practice or non-
compliance.
(4) The Owner shall permit representatives of the Town on the site where any works or services
required pursuant to this Agreement are being performed at any time or times for the purpose of
inspection to determine compliance with this section.
(5) No act or omission by the Town or any representative of the Town (including the entering into of
this Agreement) shall be deemed to be an assumption of any of the duties or obligations of the
Owner, its employees, contractors, subcontractors and their employees under the Act.
(6) In addition to the Owner's general indemnification of the Town pursuant to section 22, above, the
Owner shall indemnify and save harmless the Town,
(a) from any loss, inconvenience, damage or cost to the Town which may result from the
Owner or any of its employees, contractors, subcontractors and their employees failing to
act safely or to comply in all respects with the Act in the performance of any work or
service required pursuant to this Agreement; and
(b) against any action or claim, or costs related thereto, brought against the Town by any
person arising out of any unsafe act or practice or any non-compliance with the Act by the
Owner or any of its employees, contractors, subcontractors and their employees in the
performance of any work or service required pursuant to this Agreement.
24. LIABILITy INSURANCE POLICY / PROVISION FOR DEDUCTIBLE
(1) Before this Agreement will be executed by the Town, the Owner shall file with the Town a
Certificate of Insurance verifying that a Liability Insurance Policy is in effect, setting out the
essential terms and conditions of the insurance, and naming the Town as additional named
insured, all of which shall be subject to the approval of the Town Solicitor.
11
(2) The policy shall comply with the following provisions:
(a) the minimum limit per occurrence shall be $5,000,000 all inclusive for property damage
and personal liability;
(b) it shall not contain a clause for exclusion for blasting; and
(c) it may not be cancelled unless prior notice by registered letter has been given to the Town
by the insurer thirty days in advance of the expiry date.
(3) The policy premium must be paid initially for a period of one year and the policy shall be
renewed for further one year periods until the Final Acceptance Certificate has been issued by the
Town's Director of Public Works.
(4) If the policy coverage is subject to a deductible amount, the Owner shall file with the Town,
when filing the Certificate of Insurance, a certified cheque or letter of credit with the Town in the
deductible amount, as a deposit, together with a letter from the Owner authorizing the Town to
appoint an independent adjuster and to investigate claims less than the deductible amount and
authorizing the Town to pay such claims deemed valid by the adjuster out of the deposit; the
Owner shall be responsible for all adjustment service costs and shall maintain the deposit
throughout the term of this agreement in the amount of the deductible.
(5) The provision of the insurance policy required by this section shall not relieve the Owner from
liability for claims not covered by the policy or which exceed its limits, if any, for which the
Owner may be held responsible.
PART 3 - DEVELOPING THE PROJECT
25. CONSTRUCTION AND OCCUPANCY OF BUILDINGS
(1) No building permit shall be issued for any building or pan of a building on the Lands until.
(a) all buildings and structures on the Lands prior to draft plan approval have been
demolished by the Owner;
(b) sewer and water facilities are available, and in the opinion of the Town's Director of
Public Works, capable of providing adequate service;
(c) an asphalt base has been laid on the road immediately in front of the building or part
thereof and extended to an existing maintained road; and
(d) the Owner has paid to the Town the applicable development charge for each dwelling in
that building or part thereof in accordance with By-law 3854/91, enacted pursuant to the
Development Charges Act.
(2) No building or part of a building on the Lands shall be occupied except upon the issuance of a
municipal occupancy permit.
(3) No application for a municipal occupancy permit for a building or pan of a building shall be
made except upon the following conditions:
(a) storm sewer, sanitary sewer and water facilities are installed and in operation to
adequately serve such building or pan thereof;
(b) electric service is completed and in operation; and
(c) such curbs, as in the opinion of the Town's Director of Public Works, are required to be
completed prior to occupancy have been constructed on the road immediately in front of
the building or part thereof and extended to an existing maintained public road.
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(4) The Owner shall maintain vehicular access to all occupied buildings on the Lands until the roads
in the plan are formally assumed by the Town.
26. DESIGN PLANNING - RESIDENTIAL UNITS AND NOISE ATTENUATION STRUCTURES
(1) Prior to the issuance of any building permit for the construction of any residential unit on the
Lands and the construction of any noise attenuation structure in or adjacent to the project, the
Owner shall submit to the Town's Director of Planning, for approval, a report outlining siting and
architectural design objectives for the project.
(2) That report may be required, at the Director'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 reasonably required.
(3) Prior to thc issuance of each building permit for the construction of a residential unit on the
Lands, the Owner shall submit to the Town's Director of Planning, for approval, site plans and
architectural drawings for that unit.
(4) Those 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 features, including trees to be preserved;
(c) streetscape for front, rear and flankage elevations 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 reasonably required.
27. SPECIFIC PROVISIONS RESPECTING DEVELOPMENT
The Owner shall comply with any specific provisions respecting the development of this project set out
in Schedule D.
PART 4 - FINANCIAL MATTERS
28. EXPIRY OF SECURITIES
(1) Should any letter of credit security required to be provided hereunder expire before the Town
releases the Owner fi.om the terms and conditions hereof, the Owner shall provide to the Town at
least 30 days in advance of the expiry date of that security, a further security to take effect upon
the expiry.
(2) Such further security shall be in a form and amount satisfactory to the Town.
(3) Should no such further security be provided as required, then the Town shall have the right to
convert the expiring security into cash and hold the cash in lieu of and for the same purposes as
the expiring security.
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29. pAYMENT OF LIENS AND OTHER CLAIMS
(1) The Owner shall discharge or vacate any liens or claims filed with the Town or registered on title
to any Town-owned lands within thirty days of being requested to do so by the Town.
(2) At the end of the maintenance period, as extended during any rectification period, the Owner
shall file with the Town a Statutory Declaration stating that,
(a) all materials have been supplied and all services and works have been completed in the
project with respect to the construction and installation of Works and other services;
(b) all accounts for work or service performed and materials placed or furnished upon or in
respect of the construction and installation of Works and other services in thc project
have been fully paid and satisfied and no person is entitled to claim a lien under the
Construction Lien Act against the Town or any Town-owned land;
(c) there are no judgments or executions filed against the Owner;
(d) nothing is owed by the Owner or claimed against it for unemployment insurance
deductions, income tax deductions, or by way of contribution or assessment under the
Workers' Compensation Act;
(e) the Owner has not made any assignment for the benefit of creditors, nor has any receiving
order been made against it under the Bankruptcy Act, nor has any petition for such an
order been served upon the Owner; and
(f) 45 days have passed since the completion of the construction, installation, and last
rectification of the Works and services.
30. pAYMENT OF INTEREST ON OVERDUE AMOUNTS PAYABLE
The Owner shall pay interest at the rate of 18 per cent per year to the Town on all sums of money
payable hereunder which are not paid on the due dates calculated from such due dates.
31. PAYMENT OF REALTY AND BUSINESS TAXES / LOCAL IMPROVEMENT CHARGES
(1) The Owner shall pay in full as they come due all realty and business taxes assessed against the
Lands or the Owner as required by law from time to time.
(2) Before this Agreement will be executed by the Town, the Owner shall commute and pay to the
Town or to the Regional Municipality of Durham all local improvement charges assessed against
the lands in the plan.
32. PAYMENT OF DEVELOPMENT CHARGES
(1) The Owner shall pay to the Town, in accordance with the Development Charges Act and the
Town's Development Charges By-law 3854/91, development charges for each dwelling unit
within the project respecting the following services:
(a) administrative services - town offices;
(b) administrative services - capital growth studies;
(c) protection - fire facilities;
(d) protection - fire vehicles and equipment;
(e) storm drainage, roads, sidewalks, storm sewers, lighting and other services;
(f) transportation - works yards, vehicles and equipment;
(g) transportation - transit;
(h) major recreational facilities - major indoor recreational facilities;
(i) library - library facilities;
14
(j) library - library materials; and
(k) electrical distribution services and facilities.
(2) The amount of the development charge for each dwelling to be erected in the plan shall be the
amount set out in Schedule C for that type of dwelling, as adjusted annually in accordance with
Schedule C.
(3) Where a development charge is payable for a dwelling located on a parcel of land comprised of
land in this plan and land not in this plan, the mount of the development charge payable for that
dwelling shall be the amount calculated in accordance with the provisions of the subdivision
agreement for the most recently registered of the plan or plans within which the parcel is located.
33. PAYMENT OF ENGINEERING. LEGAL AND REGISTRATION FEES
(1) Before this Agreement will be executed by the Town, the Owner shall pay by certified cheque to
the Town an Engineering Drawing Inspection Fee in the amount set out in Schedule C for the
examination and inspection done by the Town's Public Works Department in the processing of
the engineering drawings for this project.
(2) Before this Agreement will be executed by the Town, the Owner shall pay by certified cheque to
the Town a Subdivision Agreement Processing Fee in the amount set out in Schedule C for the
preparation and processing of this Agreement by the Town's Legal Services Department.
(3) The Owner shall pay all registration costs incurred by the Town relating in any way to the
registration of the plan of subdivision, this Agreement, or any other documentation, including
transfers, in the Land Registry Office within 30 days of invoices being rendered.
PART 5 - TRANSFERS AND REGISTRATIONS
34. TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF
(1) Upon executing this Agreement, the Owner shall convey or cause to be conveyed to the Town,
free and clear of all encumbrances and at no cost to the Town, all of the lands or interests in lands
identified in Schedule A for the purposes set out therein.
(2) The Owner hereby warrants that, upon such conveyance, neither the title to the lands conveyed
nor their physical state and condition shall prevent the Town from lawfully or physically using
the lands for the purposes for which they are being conveyed as set out in Schedule A.
(3) Where none of the lands identified in Schedule A are to be conveyed for parkland purposes, the
Owner shall pay to the Town, before this Agreement will be executed by the Town, an amount
calculated in accordance with the provisions of Schedule A in lieu of a parkland conveyance.
(4) Any Transfer/Deed given pursuant to this Agreement shall be in a form acceptable to the Town
Solicitor and any Transfer/Deed of a storm drainage works easement shall contain the Storm
Drainage Works Easement Schedule set out in Schedule A.
(5) The Town may complete or alter any description of land in this Agreement or in any
Transfer/Deed given pursuant to this Agreement so as to make the description correspond with
the description of the land according to the plan which is to be registered pursuant to this
Agreement.
35. RELEASE OF THE PLAN FOR REGISTRATION
Before the Town will advise The Regional Municipality of Durham that the conditions of Draft
Approval affecting the Town have been satisfied, the Owner shall deliver to the Town the following:
15
(a) four red-lined copies of this Agreement executed by the Owner and all Encumbrancers;
(b) all monies, securities and insurance required by this Agreement;
(c) three executed copies, in a form suitable for registration, of each Transfer/Deed required by
section 34 respecting the conveyances identified in Schedule A, and one draft copy of each
required reference plan.
36. REGISTRATION OF AGREEMENT
(1) This Agreement shall be registered by the Town in the Land Registry Office for the Land Titles
Division of Durham (No. 40).
(2) The Owner shall give to every purchaser of the Lands or any part of the Lands actual notice of
the existence and the terms of this Agreement and shall include an acknowledgement in any offer
to purchase or other similar document dealing with the Lands, or any part of them.
(3) The Owner shall indemnify and save harmless the Town from any loss, inconvenience or damage
which may result to the Town from the Owner's failure to comply with subsection (2) and against
any action or claim made against the Town by any person other than the Owner arising out of the
execution by the Town of this Agreement.
(4) The Owner shall execute such further assurances of the rights hereby granted as may be deemed
necessary by the Town.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to
by the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
BRAMALEA LIMITED
Dave Keenan, Senior Vice President
Land Operations, Residential Group
Gord Patterson, Vice President
Land Operations, Residential Group
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
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ENCUMBRANCER - HONG KONG BANK OF CANADA
The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this
Agreement shall take effect as though executed and registered prior to the creation of any such right or interest
and prior to the execution and registration of any mortgage, agreement or other document creating or defining
any such right or interest;
And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance,
easement or other document given pursuant to this Agreement, shall have priority over the rights of the
Encumbrancer in the Lands with the intent that the Encumbrancer or anyone claiming under it shall at no time
exercise in relation to the Lands any right, title or claim which could not be exercised by the Owner by reason of
the terms of this Agreement.
Dated at Toronto, Ontario, this day of ,1994.
SIGNED, SEALED AND DELIVERED
HONG KONGBANKOFCANADA
We have authority to bind the Corporation.
17
TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF
(Section 34)
1. CONVEYANCES REOUIRED TO BE MADE TO THE TOWN
~ ?urp. ose Interest to be Conveyed
Block 26 Reserve Fee Simple
(Arcadia Square)
Any other portion of the Lands Storm drainage works Easement
determined by the Town's
Director of Public Works
20 metre by 35 metre strip Storm drainage works Temporary Easement
abutting east boundary of Block
26 (on future Arcadia Square road
allowance in Phase 2 of Draft
Plan 18T-93013)
1.5 metre wide strip along west Storm drainage works Easement
boundary of Lot 26 in Phase 2
of Draft Plan 18T-93013
1.5 metre wide strip along east Storm drainage works Easement
boundary of Lot 27 in Phase 2
of Dral~ Plan 18T-93013
Any other lands outside the Storm drainage works Easement
Lands determined by the Town's
Director of Public Works
2. PROVISION OF PARKLAND
(1) As of the date of this Agreement, the Owner has provided to the Town parkland in excess of that
required for its existing projects and therefore has a parkland credit.
(2) Upon the registration of the M-plan for Draft Plan 18T-93013 [Phase 1], the Town shall accept
0.3339 hectares of the Owner's parkland credit in full satisfaction of the Owner's obligation to
provide parkland for this project and to contribute a development charge component for parkland
development, and shall reduce the Owner's parkland credit by 0.3339 hectares.
3. STORM DRAINAGE WORKS EASEMENT REFERENCE PLANS
(1) Before the Town will advise The Regional Municipality of Durham that the conditions of Draft
Approval affecting the Town have been satisfied, the Owner shall obtain and deliver to the Town
one draft copy of each proposed reference plan required to effect the conveyance of the specific
easements referred to in section I of this Schedule.
(2) Upon the completion of the construction and installation of the storm drainage works within each
easement shown on any proposed reference plan, the Owner's Consulting Engineer shall advise
the Town's Director of Public Works of the actual location of the works in relation to the
proposed easement or easements, and if the Director is satisfied with the actual location of the
works, the Owner shall register that reference plan and provide four copies of the plan as
registered to the Town Solicitor.
18
(3) If the Town's Director of Public Works is not satisfied with the actual location of the works in
relation to the proposed easement or easements, the Owner shall obtain and deliver to the Town
one draft copy of a revised proposed reference plan, and the provisions of subsection (2) and of
this subsection will continue to apply.
(4) Where the Town's Director of Public Works determines that the Town requires easements not
specifically referred to in section I of this Schedule, the Owner shall obtain and deliver to the
Town one draft copy of each proposed reference plan required to effect the conveyance of the
such easements within 30 days of the Town's request to do so, and the provisions of subsections
(2) and (3) will apply.
4. STORM DRAINAGE WORKS EASEMENT SCHEDULE
Where a conveyance of an easement is for storm drainage works purposes, the following Schedule shall
be attached to the Transfer/Deed of Easement:
(7) INTEREST/ESTATE TRANSFERRED
Subject to the following terms and conditions, the flee, uninterrupted and unobstructed right and
easement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct and remove storm
drainage works together with appurtenances thereto (herein called the "works"), in, over, along, across,
upon and under the land described in Box 5 (herein called the "lands"), and to drain storm water in, over,
along, across, upon and under the lands, together with the right to the Transferee, its servants, agents and
contractors with all necessary vehicles, supplies and equipment to enter onto the lands and pass and
repass over the lands for the purpose of exercising or enjoying any of the rights granted herein.
The terms and conditions which the parties hereto covenant and agree to observe and be bound by are as
follows:
1. The Transferee shall, except in case of emergency, before commencing any work authorized
hereby, give to the Transferor forty-eight hours previous written notice thereof, and in cases of
emergency such previous notice thereof as is reasonably possible.
2. Upon completion of any work, the Transferee shall fill in all excavations, restore fences, and
restore the surface of the ground by restoring all topsoil and grass cover disturbed thereby, and do
necessary grading to ensure soil and slope stability, and remove all equipment.
3. The Transferor shall not erect any building or structure (except a fence) on the lands, and shall
not place or remove any fill on or from any part of the lands without the previous written consent
of the Transferee.
4. The right and easement granted herein shall be subject to all leases, licences, and any rights of
use or occupation existing at the date hereof, and the Transferor may from time to time renew or
extend these or make new ones, so long as they do not interfere unreasonably with the right and
easement herein granted.
5. The Transferor hereby releases the Transferee from any claim which may arise out of the exercise
by the Transferee of the right and easement granted hereby or which may arise out of the
existence of the storm water or the existence, operation or non-operation of the storm drainage
works provided the Transferee has complied with all of the terms and conditions herein.
6. The Transferor shall execute such further assurances of the fight and easement granted hereby as
the Transferee may reasonably request in writing.
7. The burden of this Transfer and of all the terms and conditions contained herein shall run with
the lands.
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8. This Transfer and all of the terms and conditions contained herein shall enure to the benefit of
and be binding upon the Transferor and the Transferee and their respective heirs, executors,
administrators, successors and assigns.
LAND BENEFITTED (DOMINANT TENEMENT)
9. The benefit of this Transfer and all of the terms and conditions contained herein shall nm with all
other lands and interests in lands owned, occupied or used by the Transferee for the purpose of
operating and maintaining storm drainage works.
20
REQUIRED FORM FOR PERFORMANCE AND MAINTENANCE SECURITY LETTER OF CREDIT
(Section 21 )
To: The Corporation of the Town of Pickering
Pickering Civic Centre
One The Esplanade
Pickering, Ontario
LI V 6K7
We hereby authorize you to draw on [name of bank], [address of bank], for account of [name of company or
companies obtaining security] up to an aggregate amount of [amount of security in figures and in full]
available by drafts at sight for 100% of demand as follows:
Pursuant to the request of our customers(s), the said ]name of company or companies obtaining security], we
]name of bank], ]address of bank], hereby establish and give to you an irrevocable Letter of Credit in your
favour in thc total amount of lamount of security in numbers and in words] which may be drawn on by you
at any time and from time to time upon written demand for payment made upon us by you which demand wc
shall honour without enquiring whether you have a right as between yourself and our said customcr(s or any of
them) to make such demand, and without recognizing any claim of our said customer(s or any of them).
Provided, however, that you are to deliver to ]name of bank], ]address of bank], at such time as a written
demand for payment is made upon us a certificate signed by you agreeing or confirming that monies drawn
pursuant to this Letter of Credit are payable to you or are to be or have been expended pursuant to obligations
incurred or to be incurred by you with reference to your file regarding a Subdivision Agreement dated [date of
Agreement], between [name of signatories to Agreement, other than Town and Encumbrancer(s)] and The
Corporation of the Town of Picketing; this Letter of Credit is given as the Performance and Maintenance
Security required by section 21 of that Agreement.
Partial drawings are permitted.
The amount of this Letter of Credit shall be reduced from time to time as advised by notlcc in writing given to
us from time to time by you.
This Letter of Credit will continue up to and including [date of expiry of Letter of Credit] and will expire on
that date and you may call for payment of thc full amount outstanding under this Letter of Credit at any time up
to the close of business on that date. It is a condition of this Letter of Credit that it shall be deemed to be
automatically extended for one year from the present or any future expiration date hereof, unless thirty days
prior to any such date, wc shall notify you in writing by registered mail that we elect not to consider this Letter
of Credit renewed for any such additional period.
We hereby covenant with drawers, endorsers, and bona fide holders of drafts drawn under and in accordance
with the terms of this credit that such drafts will be duly honourcd if drawn and negotiated on or before [date of
expiry of Letter of Credit].
Thc drafts drawn under this credit arc to be endorsed hereon and shall state on their face that they arc drawn
under [name of bank], ]address of bank].
DATED this day of ,19
Instructions for completing Letter of Credit:
1. Letter of Credit must be typed on bank letlerhead.
2. Information required in square brackets must be provided where indicated, without brackets.
3. Phrases shown in round brackets must be included without brackets where there are two or more companies comprising the
customer.
4. The date in the sixth paragraph must be at least one year fi.om the date of the Letler of Credit.
5. The date in the seventh paragraph must be the same as the date in the sixth paragraph.
6. Bank signatories must show name, printed or typed, and title, in addition to signature
21
DEVELOPMENT CHARGES, ENGINEERING AND LEGAL FEES
(Sections 32 and 33)
1. DEVELOPMENT CHARGES PAYABLE
(1) Until and including October 7, 1994, the development charges payable under the Town's
Development Charges By-law 3854/91 for each dwelling unit within this project shall be $3,764.
(2) From and at, er October 8, 1994, the development charges payable for dwelling units within this
project will be as set out in subsection (1) as adjusted on October 8, 1994, and annually on every
October 8 thereafter until they are paid, in accordance with the Engineering News Record Cost
Index (Toronto).
(3) The development charge set out in subsection (1) has been derived as follows:
administrative services - town offices $377
administrative services - capital growth studies 85
protection - fire facilities 93
protection - fire vehicles and equipment 154
storm drainage, roads, sidewalks, storm sewers, lighting and other services 964
transportation - works yards, vehicles and equipment 205
transportation - transit 52
major recreational facilities - major indoor recreational facilities 865
library - library facilities 230
library - library materials 141
electrical distribution services and facilities 598
total $3,764
2. ENGINEERING DRAWING INSPECTION FEE PAYABLE
The amount of the Engineering Drawing Inspection Fee payable for this project is $I ,680.
3. SUBDIVISION AGREEMENT PROCESSING FEE PAYABLE
The amount of the Subdivision Agreement Processing Fee payable for this Agreement is $2,140 [$2,000
plus $140 GST.]
22
SPECIFIC PROVISIONS RESPECTING DEVELOPMENT
(Section 27)
1. EXPECTED NUMBER OF DWELLINGS
(1) This Agreement has been entered into in the expectation that 48 dwellings are to be constructed
on the Lands, two each on Lots I to 24.
(2) If more or less than 48 dwellings are to be constructed in this project, the Town at its sole
discretion may require the Owner to obtain new approvals and authorizations under this
Agreement and may prohibit any development until the new approvals and authorizations are
obtained.
2. NOISE ATTENUATION MEASURES
(1) In the development of the northerly dwelling unit on Lot 17, the Owner shall implement the noise
attenuation measures recommended in the "Preliminary Noise Impact Report - Amberlea
Residential, Town of Pickering", prepared by J. E. Coulter Associates Engineering and dated
February 9, 1994, as revised as "Final Noise Impact Report, Amberlea Residential 14, Town of
Pickering, Regional Municipality of Durham, 18T-93013" dated April 21, 1994.
(2) Upon the completion of the implementation of those measures, the Owner shall provide to the
Town's Director of Planning a Certificate of Compliance from a Professional Engineer stating
that those noise attenuation measures have been implemented in accordance with that report.
(3) Before this Agreement will be executed by the Town, the Owner shall provide to the Town an
irrevocable letter of credit issued by a chartered bank in Canada in a form satisfactory to the
Town in the amount of $4,000, pursuant to which the Town may draw any amount up to the full
amount thereof in the event that the Owner fails to provide the Certificate of Compliance
required under subsection (2) within three years of the registration of the plan.
(4) The Owner shall keep the letter of credit in good standing at all times and, should the Town draw
upon it at any time, the Owner shall forthwith increase the face value thereof by the amount of
the draw.
(5) Any draw upon the letter of credit made by the Town pursuant to subsection (3) shall be deemed
to be a penalty for the breach by the Owner of its obligations hereunder and shall not absolve the
Owner from complying with the provisions of this section.
(6) Upon receipt of the Certificate of Compliance required under subsection (2), the Town shall
return the letter of credit to the Owner, but under no circumstances shall any amount drawn upon
it by the Town be returned or refunded to the Owner or to any other person.
(7) The Owner shall indemnify and save harmless the Town,
(a) from any loss, inconvenience or damage which may result from the Owner failing to
comply with any provision of this section; and
(b) against any action or claim made against the Town by any person arising out of the
implementation or non-implementation of the noise attenuation measures or out of the
execution of this Agreement with this section in it.
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SPECIAL PROVISIONS REQUIRED BY THE REGIONAL MUNICIPALITY OF DURHAM
The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in
this Agreement by the conditions of Draft Approval dated March 25, 1994 of Draft Plan 18T-93013 (as those
conditions apply to Phase 1 of the Plan) by the Acting Commissioner of Planning of the Regional Municipality
of Durham (the "Approval").
1. THE REGIONAL MUNICIPALITY OF DURHAM ("DURHAM")
Durham requires that the Agreement of Purchase and Sale for the northerly dwelling unit on Lot 17
contain 'the following warning clause:
Purchasers are advised that sound levels fkom increasing road traffic may continue to be
of concern, occasionally interfering with some activities of the dwelling occupants as the
sound level exceeds the municipality's and the Ministry of the Environment and Energy's
noise criteria.
This dwelling unit was fitted with a forced air heating system and the ducting, etc. sized
to accommodate a central air conditioning unit. (Note: locate air-cooled condenser unit
in a noise-insensitive area.)
2. MINISTRY OF NATURAL RESOURCES ("M.N.R."~
M.N.R. requires that the Owner,
(a) implement the works recommended in the repons referred to in Condition 11 of the Approval to
the satisfaction of M.N.R.;
(b) maintain all stormwater management and erosion and sedimentation control structures operating
and in good repair during the construction period, in a manner satisfactory to M.N.R.; and
(c) notify the appropriate M.N.R. office at least 48 hours prior to the initiation of any on-site
development.
24
SCHEDULE B
THIS SUBDIVISION AGREEMENT made June 27, 1994, pursuant to the provisions of section 51 of the
Planning Act, R.S.O. 1990, chapter P. 13,
BETWEEN:
13RAMALEA LIMITED.
herein called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF P1CKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to subdivide part Lot 29, Concession 1, in the Town of Picketing, in the
Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan
of subdivision designated as Draft Plan Number 18T-93013 [Phase 2], and is required as a condition of approval
thereof to enter into a subdivision agreement with the Town pursuant to section 51 of the Planning Act, R.S.O.
1990, chapter P. 13;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the Town consenting to
the registration of the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto
covenant and agree one with the other as follows:
PART 1 - INTERPRETING AND APPLYING THIS AGREEMENT
The lands affected by this Agreement (the "Lands") are Lots 1 to 31, Plan 40M- , Pickering.
2. STATUS OF THIS AGREEMENT
(1) In the event the plan of subdivision is not registered on or before February 27, 1995, this
Agreement shall be null and void and of no further effect, and the Town shall not be liable for
any expenses, costs or damages suffered by the Owner as a result thereof.
(2) This Agreement is entered into and executed by the Owner for the purpose of having the Town
act in reliance on the covenants by the Owner contained herein and the Owner hereby waives any
right or claim which it now has or may hereinafter acquire which is inconsistent with the terms of
this Agreement.
(1) Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as "he",
"she", "they", "him", "her" or "them", and the number of the verb agreeing therewith shall be
construed accordingly.
(2) Schedules A, B, C, D and E attached hereto shall form paxt of this Agreement.
(3) Time shall be of the essence of this Agreement.
This Agreement shall be enforceable by and against the Parties hereto, their heirs, executors,
administrators, successors and assigns, and the Agreement and all the covenants by the Owner contained
herein shall run with the Lands for the benefit of the Town and the land or interests in land owned by the
Town upon the registration of the plan.
5. ~
(1) Any notice required to be given hereunder may be given by personal delivery or registered mail,
(a) in the case of the Owner, to
John D. Whitehead, Director, Land Operations
Residential Group
Bramalea Limited
20 Richmond Street East
Toronto, Ontario
M5C 2Z4
and
(b) in the case of the Town, to
The Town Clerk
The Corporation of the Town of Pickering
Pickering Civic Complex
One The Esplanade
Pickering, Ontario
L1V 6K7
(2) Each Party may redesignate the person or the address, or both, to whom or to which such notice
may be given by giving written notice to the other.
(3) Any notice given in accordance with this section shall be deemed to have been given on the
second day following the day of delivery or the day of mailing, as the case may be.
The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to
enable the Owner and the Town's inspectors to enter upon the Lands in order to comply with the
provisions of this Agreement.
7. OWNER'S GENERAL UNDERTAKING
The Owner shall complete in a good workmanlike manner for the Town, all the municipal services as
hereinafter set forth to the satisfaction of the Town, and shall complete, perform or make payment for
such other matters as may be provided for herein.
2
8. ' EN E
Every provision of this Agreement by which the Owner is obligated in any way shall be deemed to
include the words "at the expense of the Owner and at no expense to the Town" unless the context
requires otherwise.
PART 2 - CONSTRUCTING THE TOWN'S SERVICES
9. CONSULTING ENGINEERS
(1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry
out all the necessary engineering and to supervise the work required to be done for the
development and construction of the project.
(2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work
required to be done for the development and construction of the project is completed and
formally accepted by the Town.
(3) The Owner may change from one Consulting Engineer to another at any time or times during the
development and construction of the project, so long as the Owner has a Consulting Engineer
retained at all times.
10. CONSTRUCTION / INSTALLATION OF TOWN WORKS AND SERVICES
(1) The Owner shall obtain all required approvals and shall construct or install to Town standards
and shall provide to the Town, complete in every detail, the following Town works and services
(the "Works") as shown on plans submitted by the Owner's Consulting Engineer to the Town and
approved by the Town's Director of Public Works in accordance with the Town's specifications
for such Works:
(a) Town roads within the plan, complete with all signs and other appurtenances;
(b) Town roads adjacent to the plan and not separated from the plan by a reserve or reserves,
complete with all appurtenances;
(c) removal and replacement of any temporary turning circle located immediately adjacent to
the plan on a Town road to be extended into the plan;
(d) street storm sewers on roads referred to in (a) and (b), complete with curbs, gutters,
catchbasins and manholes;
(e) storm water drainage and management system serving the lands in the plan and lands
outside the plan but draining through the plan, complete with detention or retention
facilities, quality control devices and outlets;
(f) boulevards and sidewalks on Town roads within the plan, on Town roads adjacent to the
plan but not separated from the plan by a reserve or reserves, and on Town roads to be
extended into the plan where the Owner is required to remove and replace a temporary
turning circle;
(g) street lighting on Town roads within the plan, on Town roads adjacent to the plan but not
separated from the plan by a reserve or reserves, and on Town roads to be extended into
the plan where the Owner is required to remove and replace a temporary turning circle;
(h) street tree planting on Town roads within the plan, on Town roads adjacent to the plan but
not separated from the plan by a reserve or reserves, and on Town roads to be extended
into the plan where the Owner is required to remove and replace a temporary turning
circle;
3
(i) walkways on walkway blocks and park entrances, complete with walkway fencing and
lighting; and
(j) other fencing, including,
(i) fencing adjacent to commercial sites, school sites, parks, open space, storm water
management facilities and roads adjacent to the plan and separated from the plan
by a reserve or reserves, and
(ii) noise attenuation fencing.
(2) If at any time prior to the acceptance of the Works, the Town's Director of Public Works is of the
opinion that additional works are necessary to provide adequately any of the public services
required by the project, the Owner shall construct, install or perform such additional works at the
request of the Director.
(3) All Works shall be constructed and installed in accordance with the Town's specifications and in
a good and workmanlike manner under the supervision of the Owner's Consulting Engineer and
under the observation of the Town's inspectors or, in the case of street lighting, Pickering Hydro's
inspectors.
(4) The Owner shall conduct video inspections of all underground services required to be
constructed or installed hereby and shall provide a VHS-format videotape record of those
inspections to the Town.
(5) The Owner shall pay to the Town the Town's costs of inspection, including but not necessarily
limited to, salaries and wages of inspectors, testing fees and administration fees, within 30 days
of invoices being rendered.
11. GENERAL REGULATIONS RESPECTING SERVICING
(1) The construction of Town roads shall include the construction of paved driveway approaches
between the curb and sidewalk or, where no sidewalk is to be provided, between the curb and the
lot line.
(2) Where the construction or installation of services involves a continuation or extension of existing
services, the Owner shall join into the existing services, including adjustment of grades where
necessary, in a good and workmanlike mauner.
(3) The Owner shall not dump nor permit to be dumped any fill or debris on, nor remove or permit to
be removed any fill from, any public lands, other than in the actual construction of roads in the
project without the written consent of the authority responsible for such lands.
(4) The Owner shall not bum nor permit to be burned any refuse or debris within the project or
adjacent to it.
(5) The Town's 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 or installation of any
services required by this Agreement, and the cost of such tests shall be paid by the Owner within
30 days of invoices being rendered.
(6) The Owner shall pay, within 30 days of invoices being rendered, the costs of,
(a) relocating any existing services or utilities required to be relocated by the construction or
installation of Works, services, or utilities in the project, and
(b) moving any Works, services or utilities installed in driveways or so close thereto, in the
opinion of the Town's Director of Public Works, as to interfere with the use of the
driveway.
(7) Unless otherwise provided herein, the Owner shall perform any work required to be done under
this Agreement to the specifications of the Town in effect at the date hereof.
(8) The Owner shall provide and erect temporary signs of such nature and at such locations as
designated by the Town's Director of Public Works.
12. ELECTRICAL SERVICES
Where electricity, cable television service or telephone service is to be provided to any lot or block in the
project, it shall be provided underground and in accordance with the standards and specifications of
Pickering Hydro-Electric Commission, Trillium Cable T.V. Limited or Bell Canada, as the case may be.
13. TREE INVENTORY / TREE PRESERVATION PROGRAM
(l) The Owner shall submit a Tree Inventory and a Tree Preservation Program prepared by a
qualified expert, and based upon the Town-approved Grading Control Plan, indicating which
existing trees in the project may be preserved to the Town's Director of Public Works for the
review and approval of the Town's Director of Planning and Director of Community Services and
Facilities, and shall implement the Program as approved only.
(2) Until the Tree Preservation Program is approved the Owner shall not commence, nor allow to be
commenced, any aspect of the development of the lands in the project, inctuding the removal of
any tree.
(3) In the event that any tree required to be preserved by the approved Tree Preservation Program is
removed or is, in the opinion of the Town's Director of Community Services and Facilities,
damaged to such an extent that its value or longevity is decreased or is likely to be decreased,
then the Owner shall replace that tree with a tree of a height, diameter and species determined by
the Director; such replacement shall be at no cost to the Town.
(4) The Owner's liability under subsection (3) shall continue until,
(a) where the lands upon which the tree is located comprise a residential building lot or
block, twelve months after the completion of the sodding on the lot or block, or
(b) where the lands upon which the tree is located comprise lands other than a residential
building lot, the issuance by the Town of the Final Acceptance Certificate.
14. GRADING CONTROL PLAN / LOT DRAINAGE AND SODDING
(1) The Owner shall submit to the Town, for the approval of the Town's Director of Public Works, a
Grading Control Plan and geotechnical soils analysis prepared by the Owner's Consulting
Engineer, establishing the proposed grading of the lands in the project to provide for the proper
drainage thereof and the drainage of all adjacent lands which drain through the lands in the
project.
(2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage
Specifications and shall not provide for the drainage of surface run-off water onto Town-owned
parkland, open space or walkways unless provision is made for the installation by the Owner, at
no cost to the Town, of suitable swales and catch basins to manage adequately, in the opinion of
the Town's Director of Community Services and Facilities, that surface run-off water.
(3) The Owner shall grade all the lands in the project in accordance with the approved Grading
Control Plan, ensuring that sufficient topsoil remains as cover on all areas of the project intended
for sodding, seeding, or other planting.
5
(4) If the Town determines that,
(a) grading has not been done in accordance with the Grading Control Plan,
(b) grading has been done in accordance with the Grading Control Plan but drainage
problems remain~ or
(c) sufficient topsoil has not been left in the appropriate areas,
the Owner shall re-grade the project, or part thereof affected, adding a sufficient amount of
topsoil if necessary, or construct catch basins, swales or other structures as may be necessary to
correct such problems, as directed by the Town's Director of Public Works.
(5) The Owner shall sod the front, side and rear yards of each of the residential lots and blocks in the
project except for paved, planted or treed areas prior to the occupancy of the dwelling unit
located thereon or within the six months immediately thereafter except, where the occupancy of
the dwelling unit occurs in November or December of any year, the time limit for sodding may
be extended to June 30 in the following year.
15. AUTHORIZATION TO COMMENCE WORK
The Owner shall not commence the construction or installation of any of the Works without the written
Authorization to Commence Work of the Town's Director of Public Works, which Authorization shall
not be issued until all approvals required by this Agreement have been obtained and,
(a) four red-lined copies of this Agreement executed by the Owner and all Encumbrancers have been
provided to the Town to the satisfaction of the Town Solicitor;
(b) all monies, securities and insurance policies, as noted in this Agreement, have been delivered to
the Town to the satisfaction of the Town Treasurer and the Town Solicitor;
(c) all approvals and permits have been obtained by the Owner from the Ministry of the
Environment, the Ministry of Natural Resources and the Metropolitan Toronto and Region
Conservation Authority, or a certificate has been provided by the Owner's Consulting Engineer
that no such approvals or permits are required; and
(d) three executed copies, in a form suitable for registration, of any Transfers/Deeds required by
section 34 respecting the conveyances identified in Schedule A have been provided to the Town
in registrable form to the satisfaction of the Town Solicitor.
16. USE OF WORKS PENDING COMPLETION / EMERGENCY REPA1RS
(1) Any of the Works may be used by the Town, or by such other person or agency as may be
authorized by the Town's Director of Public Works, for the purposes for which the Works are
designed, and such use shall not be deemed an acceptance of any of the Works by the Town, nor
an assumption by the Town of any liability in connection therewith, nor a release of the Owner
from any of its obligations under this Agreement.
(2) The Town may make emergency repairs at any time to any of the Works and may for this purpose
enter the Lands at any time; such repair or entry shall not be deemed an acceptance of any of the
Works by the Town, nor an assumption by the Town of any liability in connection therewith, nor
a release of the Owner from any of its obligations under this Agreement.
17. INTERNAL / EXTERNAL ROAD MAINTENANCE AND REPAIR / SNOW PLOWING
(1) Throughout the term of this Agreement, the Owner shall,
(a) maintain all Town roads within the project in a mud and dust free condition and free of
obstructions, regardless of the source or cause of any mud, dust or obstruction;
(b) maintain all Town roads outside the project, including boulevards, in a mud and dust free
condition and free of obstructions, where the source or cause of the mud, dust or
obstruction is an operation or operations related in any way to the development of the
project;
(c) repair all Town roads outside the project, including boulevards, where damage has
occurred as a result of an operation or operations related in any way to the development
of the project; and
(d) plow snow from and salt all Town roads within the project that are not subject to the
Town's winter control program.
(2) The Owner, within 24 hours of verbal notification by the Town to it or its representatives, shall
undertake such works as are necessary to clean, clear, repair, plow or salt any Town road
requiring such work in the opinion of the Town's Director of Public Works or his designate.
18. COMPLETION DATES - TOWN WORKS AND SERVICES
(1) The Owner shall complete the Works in accordance with the following time limits:
(a) Town roads within the plan - two years from date of Authorization to Commence Work;
(b) Town roads adjacent to the plan - two years from date of Authorization to Commence
Work;
(c) removal and replacement of any temporary turning circle - two years from date of
Authorization to Commence Work;
(d) street storm sewers - one year from date of Authorization to Commence Work;
(e) storm water drainage and management system (including grading and top-soiling of non-
residential lots and blocks) - one year from date of Authorization to Commence Work;
(f)(i) boulevards and sidewalks on Town roads within the plan, on Town roads adjacent to the
plan but not separated from the plan by a reserve or reserves - six months after occupancy
of first dwelling to be occupied adjacent to segment as identified by the Town's Director
of Public Works, but no later than two years from date of Authorization to Commence
Work;
(f)(ii) boulevards and sidewalks on Town roads to be extended into the plan where the Owner is
required to remove and replace a temporary tuming circle - two years from date of
Authorization to Commence Work;
(g) street lighting - one year from date of Authorization to Commence Work;
(h) street tree planting - two years from date of Authorization to Commence Work;
(i) walkways, walkway fencing and walkway lighting - prior to the occupancy of any
dwelling adjacent thereto;
(j)(i) other fencing adjacent to,
A parks, open space and storm water management facilities - prior to the occupancy
of any dwelling adjacent thereto;
B commercial sites and school sites - one year from date of Authorization to
Commence Work; and
C roads adjacent to the plan and separated from the plan by a reserve or reserves -
six months after occupancy of first dwelling to be occupied adjacent to segment as
identified by the Town's Director of Public Works, but no later than two years
from date of Authorization to Commence Work; and
(j)(ii) noise attenuation fencing - prior to the occupancy of any dwelling adjacent thereto,
following the satisfactory completion and testing of all of which, and the approval thereof by the
Town, the Town shall issue to the Owner a Completion Acceptance Certificate.
(2) Despite the provisions of subsections (l)(f)(i) and (1)(j)(i)C, where the occupancy of the first
dwelling unit occurs in November or December of any year, the time limit for construction of the
adjacent boulevard, sidewalk or fencing segment shall be extended to June 30 in the following
year.
19. FAILURE TO COMPLETE / IMPROPER PERFORMANCE
(1) If, in the opinion of the Town's Director of Public Works, the Owner is not constructing or
installing the Works, or causing them to be constructed or installed, within the specified time or
so that they may be completed within the specified time, or is improperly performing the Works,
or has neglected or abandoned them before completion, or has unreasonably delayed them so that
the terms and conditions of this Agreement are being violated or executed carelessly or in bad
faith, or has neglected or refused to renew or again perform Works rejected by the Director of
Public Works as defective or unsuitable, or has in any other manner, in the opinion of the
Director of Public Works, defaulted in the performance of the terms and conditions of this
Agreement. then the Director may notify the Owner and his surety in writing of the default or
neglect and if the notification be without effect for seven days, then the Director shall have full
authority to make any payment or do any thing, including but not limited to obtaining materials,
tools and machinery and employing persons required for the proper completion of the Works or
rectification of the default, at the cost and expense of the Owner or his surety, or both.
(2) In cases of emergency, in the opinion of the Director of Public Works, such Director may act
without prior notice but the Owner and its surety shall be notified forthwith.
(3) The cost of rectifying the default shall be calculated by the Director of Public Works, whose
decision shall be final, and may be charged to the Owner, together with a 25 per cent engineering
and administration fee, by drawing upon the letter of credit filed with the Town under section 21.
20. GUARANTEE OF WORKS. WORKMANSHIP AND MATERIALS
(1) The Owner shall guarantee all Works, workmanship and materials employed or used in the
construction, installation or completion of Works, services and other requirements under this
Agreement for a minimum period of two years (the "maintenance period") following the issuance
of the Completion Acceptance Certificate by the Town.
(2) Despite any other provisions of this Agreement, the responsibilities of the Owner during the
maintenance period shall include the maintenance of the Works, including the rectification of any
ansatisfactorily installed Works.
(3) Prior to the end of the maintenance period, the Owner's Consulting Engineer shall submit to the
TOwn,
8
(a) "as built" construction drawings for the Works complete as per Town standards, together
with that Consulting Engineer's certificate that those drawings accurately depict the
Works as constructed; and
(b) a statement by an Ontario Land Surveyor that all standard iron bars as shown on the
registered plan, and survey monuments at all block comers, at the ends of all curves
(other than comer roundings) and at all points of change in direction of streets in thc plan
have been found or re-established.
(4) Prior to the end of the maintenance period, the Town will re-inspect the Works and if,
(a) the Works are acceptable; and
(b) the Owner has performed all of its obligations under the terms of this Agreement to the
satisfaction of the Town,
the Town will issue to the Owner a Final Acceptance Certificate at which time the Town will
assume ownership of the Works and the operation and maintenance thereof, and the maintenance
period will then end.
(5) If upon the re-inspection conducted prior to the end of the maintenance period,
(a) the Works are not acceptable, or
(b) the Owner has not performed all of its obligations under the terms of this Agreement to
the satisfaction of the Town,
the Town will advise the Owner of the deficiencies, the expected rectifications, and the time
limited for implementing the rectifications (the "rectification period") and the maintenance
period shall be extended to the end of the rectification period.
(6) At the end of the rectification period, the Town will re-inspect the Works and if,
(a) the Works are acceptable; and
(b) the Owner has performed all of its obligations under the terms of this Agreement to the
satisfaction of the Town,
the Town will issue to the Owner a Final Acceptance Certificate at which time the Town will
assume ownership of the Works and the operation and maintenance thereof, and the maintenance
period will then end.
(7) If upon the re-inspection conducted at the end of the rectification period,
(a) the Works are still not acceptable, or
(b) the Owner has not performed all of its obligations under the terms of this Agreement to
the satisfaction of the Town,
the Town's Director of Public Works shall determine, in his sole discretion, whether a further
rectification period will be granted, and, if so, upon what terms and conditions, or whether the
Town shall proceed under the provisions of section 19, or both.
21. PERFORMANCE AND MAINTENANCE SECURITY
(1) Before this Agreement will be executed by the Town, the Owner shall file with the Town an
irrevocable letter of credit, issued by a chartered bank in Canada in the form set out in Schedule
B and in an amount established by the Director of Public Works (the "original value"), as a
performance and maintenance security for the purpose of,
(a) guaranteeing the satisfactory construction, installation or performance of the Works;
(b) guaranteeing the payment of any amounts payable to the Town under this Agreement;
(c) guaranteeing the payment of any amount that the Town may be required to pay under the
provisions of the Construction Lien Act, or any successor thereto, and
(d) guaranteeing all Works, workmanship and materials during the maintenance period and
any rectification period or periods and until a Final Acceptance Certificate has been
issued by the Town's Director of Public Works.
(2) The Owner may, at any time after the first 50 per cent, in value, of Works have been constructed,
installed or performed, and paid for, apply for a reduction in the security and such application
shall be made to the Town Treasurer.
(3) Upon written verification from the Director of Public Works that the construction, installation or
performance of the Works for which reduction is being sought have been satisfactorily completed
and paid for, the Town Manager may reduce the amount of the security to an amount not less
than,
(a) 60 per cent of the original value where no certificate or declaration of substantial
performance has been made;
(b) 35 per cent of the original value where,
(i) a certificate or declaration of substantial performance has been published;
(ii) 45 days following such publication have expired; and
(iii) all liens that may be claimed against any holdback required to be retained by the
Town have expired or have been satisfied, discharged or provided for by payment
into court;
and
(c) 17 per cent of the original value where,
(i) a certificate of final completion has been made by the Owner's Consulting
Engineer;
(ii) 45 days following the making of such certificate have expired;
(iii) all liens that may be claimed against any holdback required to be retained by the
Town have expired or have been satisfied, discharged or provided for by payment
into court; and
(iv) a Completion Acceptance Certificate has been issued by the Town's Director of
Public Works,
which 17 per cent portion shall secure the guarantee of Works, workmanship and
materials, until a Final Acceptance Certificate has been issued by the Town's Director of
Public Works, when the balance of the security shall be returned to the Owner subject to
any deductions for rectification of deficiencies.
(4) Upon the approval, if any, of a reduction in the amount of the security required to be provided in
subsection (1), the Town Manager or the Town Treasurer shall provide to the Owner any
necessary assurance to effect the reduction.
10
22. OWNER'S GENERAL INDEMNITY
Until the Town's Director of Public Works has issued the Final Acceptance Certificate for the Works,
the Owner shall indemnify the Town against all actions, causes of actions, suits, claims and demands
whatsoever, which may arise either directly or indirectly by reason of the Owner undertaking the project
or servicing the Lands as required under this Agreement.
23. OCCUPATIONAL HEALTH AND SAFETY
(1) The Owner certifies that it is aware of its duties and obligations under the Occupational Health
and Safety Act, or any successor thereto, and all Regulations thereunder (herein called the "Act"),
and shall ensure that its employees, contractors, subcontractors and their employees,
(a) are aware of their respective duties and obligations under the Act, and
(b) have sufficient knowledge and training to perform all works and services required
pursuant to this Agreement safely and in compliance with the Act.
(2) In the performance of all works and services required pursuant to this Agreement, the Owner
shall,
(a) act safely and comply in all respects with the Act, and
(b) ensure that its employees, contractors, subcontractors and their employees act safely and
comply in all respects with the Act.
(3) The Owner shall rectify any unsafe act or practice and any non-compliance with the Act
immediately upon being notified by any person of the existence of such act, practice or non-
compliance.
(4) The Owner shall permit representatives of the Town on the site where any works or services
required pursuant to this Agreement are being performed at any time or times for the purpose of
inspection to determine compliance with this section.
(5) No act or omission by the Town or any representative of the Town (including the entering into of
this Agreement) shall be deemed to be an assumption of any of the duties or obligations of the
Owner, its employees, contractors, subcontractors and their employees under the Act.
(6) In addition to the Owner's general indemnification of the Town pursuant to section 22, above, the
Owner shall indemnify and save harmless the Town,
(a) from any loss, inconvenience, damage or cost to the Town which may result from the
Owner or any of its employees, contractors, subcontractors and their employees failing to
act safely or to comply in all respects with the Act in the performance of any work or
service required pursuant to this Agreement; and
(b) against any action or claim, or costs related thereto, brought against the Town by any
person arising out of any unsafe act or practice or any non-compliance with the Act by the
Owner or any of its employees, contractors, subcontractors and their employees in the
performance of any work or service required pursuant to this Agreement.
24. LIABILITY INSURANCE POLICY / PROVISION FOR DEDUCTIBLE
(1) Before this Agreement will be executed by the Town, the Owner shall file with the Town a
Certificate of Insurance verifying that a Liability Insurance Policy is in effect, setting out the
essential terms and conditions of the insurance, and naming the Town as additional named
insured, all of which shall be subject to the approval of the Town Solicitor.
11
(2) The policy shall comply with the following provisions:
(a) the minimum limit per occurrence shall be $5,000,000 all inclusive for property damage
and personal liability;
(b) it shall not contain a clause for exclusion for blasting; and
(c) it may not be cancelled unless prior notice by registered letter has been given to the Town
by the insurer thirty days in advance of the expiry date.
(3) The policy premium must be paid initially for a period of one year and the policy shall be
renewed for further one year periods until the Final Acceptance Certificate has been issued by the
Town's Director of Public Works.
(4) If the policy coverage is subject to a deductible amount, the Owner shall file with the Town,
when filing the Certificate of Insurance, a certified cheque or letter of credit with the Town in the
deductible amount, as a deposit, together with a letter from the Owner authorizing the Town to
appoint an independent adjuster and to investigate claims less than the deductible amount and
authorizing the Town to pay such claims deemed valid by the adjuster out of the deposit; the
Owner shall be responsible for all adjustment service costs and shall maintain the deposit
throughout the term of this agreement in the amount of the deductible.
(5) The provision of the insurance policy required by this section shall not relieve the Owner from
liability for claims not covered by the policy or which exceed its limits, if any, for which the
Owner may be held responsible.
PART 3 - DEVELOPING THE PROJECT
25. CONSTRUCTION AND OCCUPANCY OF BUILDINGS
(I) No building permit shall be issued for any building or part ora building on the Lands until,
(a) all buildings and structures on the Lands prior to draft plan approval have been
demolished by the Owner;
(b) sewer and water facilities are available, and in the opinion of the Town's Director of
Public Works, capable of providing adequate service;
(c) an asphalt base has been laid on the road immediately in front of the building or part
thereof and extended to an existing maintained road; and
(d) the Owner has paid to the Town the applicable development charge for each dwelling in
that building or part thereof in accordance with By-law 3854/91, enacted pursuant to the
Development Charges Act.
(2) No building or part of a building on the Lands shall be occupied except upon the issuance of a
municipal occupancy permit.
(3) No application for a municipal occupancy permit for a building or part of a building shall be
made except upon the following conditions:
(a) storm sewer, sanitary sewer and water facilities are installed and in operation to
adequately serve such building or part thereof;
(b) electric service is completed and in operation; and
(c) such curbs, as in the opinion of the Town's Director of Public Works, are required to be
completed prior to occupancy have been constructed on the road immediately in front of
the building or part thereof and extended to an existing maintained public road.
12
(4) The Owner shall maintain vehicular access to all occupied buildings on the Lands until the roads
in the plan are formally assumed by the Town.
26. DESIGN PLANNING - RESIDENTIAL UNITS AND NOISE ATTENUATION STRUCTURES
(1) Prior to the issuance of any building permit for the construction of any residential unit on the
Lands and the construction of any noise attenuation structure in or adjacent to the project, the
Owner shall submit to the Town's Director of Planning, for approval, a report outlining siting and
architectural design objectives for the project.
(2) That report may be required, at the Director'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 reasonably required.
(3) Prior to the issuance of each building permit for the construction of a residential unit on the
Lands, the Owner shall submit to the Town's Director of Planning, for approval, site plans and
architectural drawings for that unit.
(4) Those 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 features, including trees to be preserved;
(c) streetscape for front, rear and flankage elevations 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 reasonably required.
27. SPECIFIC PROVISIONS RESPECTING DEVELOPMENT
The Owner shall comply with any specific provisions respecting the development of this project set out
in Schedule D.
PART 4 - FINANCIAL MATTERS
28. EXPIRY OF SECURITIES
(1) Should any letter of credit security required to be provided hereunder expire before the Town
releases the Owner from the terms and conditions hereof, the Owner shall provide to the Town at
least 30 days in advance of the expiry date of that security, a further security to take effect upon
the expiry.
(2) Such further security shall be in a form and amount satisfactory to the Town.
(3) Should no such further security be provided as required, then the Town shall have the right to
convert the expiring security into cash and hold the cash in lieu of and for the same purposes as
the expiring security.
13
29. PAYMENT OF LIENS AND OTHER CLAIMS
(1) The Owner shall discharge or vacate any liens or claims filed with the Town or registered on title
to any Town-owned lands within thirty days of being requested to do so by the Town.
(2) At the end of the maintenance period, as extended during any rectification period, the Owner
shall file with the Town a Statutory Declaration stating that,
(a) all materials have been supplied and all services and works have been completed in the
project with respect to the construction and installation of Works and other services;
(b) all accounts for work or service performed and materials placed or furnished upon or in
respect of the construction and installation of Works and other services in the project
have been fully paid and satisfied and no person is entitled to claim a lien under the
Construction Lien Act against the Town or any Town-owned land;
(c) there are no judgments or executions filed against the Owner;
(d) nothing is owed by the Owner or claimed against it for unemployment insurance
deductions, income tax deductions, or by way of contribution or assessment under the
Workers' Compensation Act;
(e) the Owner has not made any assignment for the benefit of creditors, nor has any receiving
order been made against it under the Bankruptcy Act, nor has any petition for such an
order been served upon the Owner; and
(f) 45 days have passed since the completion of the construction, installation, and last
rectification of the Works and services.
30. PAYMENT OF INTEREST ON OVERDUE AMOUNTS PAYABLE
The Owner shall pay interest at the rate of 18 per cent per year to the Town on all sums of money
payable hereunder which are not paid on the due dates calculated from such due dates.
31. PAYMENT OF REALTY AND BUSINESS TAXES / LOCAL IMPROVEMENT CHARGES
(I) The Owner shall pay in full as they come due all realty and business taxes assessed against the
Lands or the Owner as required by law from time to time.
(2) Before this Agreement will be executed by the Town, the Owner shall commute and pay to the
Town or to the Regional Municipality of Durham all local improvement charges assessed against
the lands in the plan.
32. PAYMENT OF DEVELOPMENT CHARGES
(1) The Owner shall pay to the Town, in accordance with the Development Charges Act and the
Town's Development Charges By-law 3854/91, development charges for each dwelling unit
within the project respecting the following services:
(a) administrative services - town offices;
(b) administrative services - capital growth studies;
(c) protection - fire facilities;
(d) protection - fire vehicles and equipment;
(e) storm drainage, roads, sidewalks, storm sewers, lighting and other services;
(f) transportation - works yards, vehicles and equipment;
(g) transportation - transit;
(h) major recreational facilities - major indoor recreational facilities;
(i) library - library facilities;
14
(j) library - library materials; and
(k) electrical distribution services and facilities.
(2) The amount of the development charge for each dwelling to be erected in the plan shall be the
amount set out in Schedule C for that type of dwelling, as adjusted annually in accordance with
Schedule C.
(3) Where a development charge is payable for a dwelling located on a parcel of land comprised of
land in this plan and land not in this plan, the amount of the development charge payable for that
dwelling shall be the amount calculated in accordance with the provisions of the subdivision
agreement for the most recently registered of the plan or plans within which the parcel is located.
33. pAYMENT OF ENGINEERING. LEGAL AND REGISTRATION FEES
(1) Before this Agreement will be executed by the Town, the Owner shall pay by certified cheque to
the Town an Engineering Drawing Inspection Fee in the amount set out in Schedule C for the
examination and inspection done by the Town's Public Works Department in the processing of
the engineering drawings for this project.
(2) Before this Agreement will be executed by the Town, the Owner shall pay by certified cheque to
the Town a Subdivision Agreement Processing Fee in the amount set out in Schedule C for the
preparation and processing of this Agreement by the Town's Legal Services Department.
(3) The Owner shall pay all registration costs incurred by the Town relating in any way to the
registration of the plan of subdivision, this Agreement, or any other documentation, including
transfers, in the Land Registry Office within 30 days of invoices being rendered.
PART 5 - TRANSFERS AND REGISTRATIONS
34. TP, ANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF
(1) Upon executing this Agreement, the Owner shall convey or cause to be conveyed to the Town,
free and clear of all encumbrances and at no cost to the Town, all of the lands or interests in lands
identified in Schedule A for the purposes set out therein.
(2) The Owner hereby warrants that, upon such conveyance, neither the title to the lands conveyed
nor their physical state and condition shall prevent the Town from lawfully or physically using
the lands for the purposes for which they are being conveyed as set out in Schedule A.
(3) Where none of the lands identified in Schedule A are to be conveyed for parkland purposes, the
Owner shall pay to the Town, before this Agreement will be executed by the Town, an amount
calculated in accordance with the provisions of Schedule A in lieu of a parkland conveyance.
(4) Any Transfer/Deed given pursuant to this Agreement shall be in a form acceptable to the Town
Solicitor and any Transfer/Deed of a storm drainage works easement shall contain the Storm
Drainage Works Easement Schedule set out in Schedule A.
(5) The Town may complete or alter any description of land in this Agreement or in any
Transfer/Deed given pursuant to this Agreement so as to make the description correspond with
the description of the land according to the plan which is to be registered pursuant to this
Agmement.
35. BELEASE OF THE PLAN FOR REGISTRATIQN
Before the Town will advise The Regional Municipality of Durham that the conditions of Draft
Approval affecting the Town have been satisfied, the Owner shall deliver to the Town the following:
15
(a) four red-lined copies of this Agreement executed by the Owner and all Encumbrancers;
(b) all monies, securities and insurance required by this Agreement;
(c) three executed copies, in a form suitable for registration, of each Transfer/Deed required by
section 34 respecting the conveyances identified in Schedule A, and one draft copy of each
required reference plan.
36. REGISTRATION OF AGREEMENT
(1) This Agreement shall be registered by the Town in the Land Registry Office for the Land Titles
Division of Durham (No. 40).
(2) The Owner shall give to every purchaser of the Lands or any part of the Lands actual notice of
the existence and the terms of this Agreement and shall include an acknowledgement in any offer
to purchase or other similar document dealing with the Lands, or any part of them.
(3) The Owner shall indemnify and save harmless the Town from any loss, inconvenience or damage
which may result to the Town from the Owner's failure to comply with subsection (2) and against
any action or claim made against the Town by any person other than the Owner arising out of the
execution by the Town of this Agreement.
(4) The Owner shall execute such further assurances of the rights hereby granted as may be deemed
necessary by the Town.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to
by the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
BRAMALEA LIM1TED
Dave Keenan, Senior Vice President
Land Operations, Residential Group
Gord Patterson, Vice President
Land Operations, Residential Group
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
16
ENCUMBRANCER - HONG KONG BANK OF CANADA
The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this
Agreement shall take effect as though executed and registered prior to the creation of any such right or interest
and prior to the execution and registration of any mortgage, agreement or other document creating or defining
any such right or interest;
And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance,
easement or other document given pursuant to this Agreement, shall have priority over the rights of the
Encumbrancer in the Lands with the intent that the Encumbrancer or anyone claiming under it shall at no time
exercise in relation to the Lands any right, title or claim which could not be exercised by the Owner by reason of
the terms of this Agreement.
Dated at Toronto, Ontario, this day of ,1994.
SIGNED, SEALED AND DELIVERED
HONG KONGBANKOFCANADA
We have authority to bind the Corporation.
17
TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF
(Section 34)
1. CONVEYANCES REOUIRED TO BE MADE TO THE TOWN
~ purpose Interest to be Conveyed
5 metre by 6 metre block in Storm drainage works Easement
north-west comer of Lot 11
1.5 metre wide strip along west Storm drainage works Easement
boundary of Lot 26
1.5 metre wide strip along east Storm drainage works Easement
boundary of Lot 27
Any other portion of the Lands Storm drainage works Easement
determined by the Town's
Director of Public Works
Any lands outside the Lands Storm drainage works Easement
determined by the Town%
Director of Public Works
2. PROVISION OF PARKLAND
(1) As of the date of this Agreement, the Owner has provided to the Town parkland in excess of that
required for its existing projects and therefore has a parkland credit.
(2) Upon the registration oftbe M-plan for Draft Plan 18T-93013 [Phase 2], the Town shall accept
0.4524 hectares of the Owner's parkland credit in full satisfaction of the Owner's obligation to
provide parkland for this project and to contribute a development charge component for parkland
development, and shall reduce the Owner's parkland credit by 0.4524 hectares.
3. STORM DRAINAGE WORKS EASEMENT REFERENCE PLANS
(1) Before the Town will advise The Regional Municipality of Durham that the conditions of Draft
Approval affecting the Town have been satisfied, the Owner shall obtain and deliver to the Town
one draft copy of each proposed reference plan required to effect the conveyance of the specific
easements referred to in section 1 of this Schedule.
(2) Upon the completion of the construction and installation of the storm drainage works within each
easement shown on any proposed reference plan, the Owner's Consulting Engineer shall advise
the Town's Director of Public Works of the actual location of the works in relation to the
proposed easement or easements, and if the Director is satisfied with the actual location of the
works, the Owner shall register that reference plan and provide four copies of the plan as
registered to the Town Solicitor.
(3) If the Town's Director of Public Works is not satisfied with the actual location of the works in
relation to the proposed easement or easements, the Owner shall obtain and deliver to the Town
one draft copy of a revised proposed reference plan, and the provisions of subsection (2) and of
this subsection will continue to apply.
(4) Where the Town's Director of Public Works determines that the Town requires easements not
specifically referred to in section I of this Schedule, the Owner shall obtain and deliver to the
18
Town one dra~ copy of each proposed reference plan required to effect the conveyance of the
such easements within 30 days of the Town's request to do so, and the provisions of subsections
(2) and (3) will apply.
4. STORM DRAINAGE WORKS EASEMENT SCHEDULE
Where a conveyance of an easement is for storm drainage works purposes, the following Schedule shall
be attached to the Transfer/Deed of Easement:
(7) INTEREST/ESTATE TRANSFERRED
Subject to the following terms and conditions, the free, uninterrupted and unobstructed fight and
easement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct and remove storm
drainage works together with appurtenances thereto (herein called the "works"), in, over, along, across,
upon and under the land described in Box 5 (herein called the "lands"), and to drain storm water in, over,
along, across, upon and under the lands, together with the right to the Transferee, its servants, agents and
contractors with all necessary vehicles, supplies and equipment to enter onto the lands and pass and
repass over the lands for the purpose of exercising or enjoying any of the rights granted herein.
The terms and conditions which the parties hereto covenant and agree to observe and be bound by are as
follows:
1. The Transferee shall, except in case of emergency, before commencing any work authorized
hereby, give to the Transferor forty-eight hours previous written notice thereof, and in cases of
emergency such previous notice thereof as is reasonably possible.
2. Upon completion of any work, the Transferee shall fill in all excavations, restore fences, and
restore the surface of the ground by restoring all topsoil and grass cover disturbed thereby, and do
necessary grading to ensure soil and slope stability, and remove all equipment.
3. The Transferor shall not erect any building or structure (except a fence) on the lands, and shall
not place or remove any fill on or from any part of the lands without the previous written consent
of the Transferee.
4. The right and easement granted herein shall be subject to all leases, licences, and any rights of
use or occupation existing at the date hereof, and the Transferor may from time to time renew or
extend these or make new ones, so long as they do not interfere unreasonably with the right and
easement herein granted.
5. The Transferor hereby releases the Transferee from any claim which may arise out of the exercise
by the Transferee of the right and easement granted hereby or which may arise out of the
existence of the storm water or the existence, operation or non-operation of the storm drainage
works provided the Transferee has complied with all of the terms and conditions herein.
6. The Transferor shall execute such further assurances of the right and easement granted hereby as
the Transferee may reasonably request in writing.
7. The burden of this Transfer and of all the terms and conditions contained herein shall run with
the lands.
8. This Transfer and all of the terms and conditions contained herein shall enure to the benefit of
and be binding upon the Transferor and the Transferee and their respective heirs, executors,
administrators, successors and assigns.
LAND BENEFITTED (DOMINANT TENEMENT)
9. The benefit of this Transfer and all of the terms and conditions contained herein shall run with all
other lands and interests in lands owned, occupied or used by the Transferee for the purpose of
operating and maintaining storm drainage works.
19
REQUIRED FORM FOR PERFORMANCE AND MAINTENANCE SECURITY LETTER OF CREDIT
(Section 21)
To: The Corporation of the Town of Pickering
Pickering Civic Centre
One The Esplanade
Pickering, Ontario
LIV 6K7
We hereby authorize you to draw on lname of bankl, laddress of bank], for account of Iname of company or
companies obtaining security] up to an aggregate amount of lamount of security in figures and in full[
available by drafts at sight for 100% of demand as follows:
Pursuant to the request of our customers(s), the said [name of company or companies obtaining security], we
[name of bank], [address of bankl, hereby establish and give to you an irrevocable Leuer of Credit in your
favour in the total amount of [amount of security in numbers and in words] which may be drawn on by you
at any time and from time to time upon written demand for payment made upon us by you which demand we
shall honour without enquiring whether you have a right as between yourself and our said customer(s or any of
them) to make such demand, and without recognizing any claim of our said customer(s or any of them).
Provided, however, that you are to deliver to [name of bankl, [address of bank], at such time as a written
demand for payment is made upon us a certificate signed by you agreeing or confirming that monies drawn
pursuant to this Letter of Credit are payable to you or are to be or have been expended pursuant to obligations
incurred or to be incurred by you with reference to your file regarding a Subdivision Agreement dated [date of
Agreement], between [name of signatories to Agreement, other than Town and Encumbrancer(s)] and The
Corporation of the Town of Picketing; this Letter of Credit is given as the Performance and Maintenance
Security required by section 21 of that Agreement.
Partial drawings are permitted.
The amount of this Letter of Credit shall be reduced from time to time as advised by notice in writing given to
us from time to time by you.
This Letter of Credit will continue up to and including ]date of expiry of Letter of Credit] and will expire on
that date and you may call for payment of the full amount outstanding under this Letter of Credit at any time up
to the close of business on that date. It is a condition of this Letter of Credit that it shall be deemed to be
automatically extended for one year from the present or any future expiration date hereof, unless thirty days
prior to any such date, we shall notify you in writing by registered mail that we elect not to consider this Letter
of Credit renewed for any such additional period.
We hereby covenant with drawers, endorsers, and bona fide holders of drafts drawn under and in accordance
with the terms of this credit that such drafts will be duly honoured if drawn and negotiated on or before [date of
expiry of Letter of Crediti.
The drafts drawn under this credit are to be endorsed hereon and shall state on their face that they are drawn
under [name of bank], [address of bank].
DATED this day of ,19
Instructions for completing Letter of Credit:
I. Lener of Credit must be typed on bank letterhead.
2. Information required in square brackets must be provided where indicated, without brackets.
3. Phrases shown in round brackets must be included without brackets where there are two or more companies comprising the
customer.
4. The date in the sixth paragraph must be at least one year from the date of the Letter of Credit.
5. The date in the seventh paragraph must be the same as the date in the sixth paragraph.
6. Bank signatories must show name, printed or typed, and title, in addition to signature
20
DEVELOPMENT CHARGES, ENGINEERING AND LEGAL FEES
(Sections 32 and 33)
1. DEVELOPMENT CHARGES PAYABLE
(1) Until and including October 7, 1994, the development charges payable under the Town's
Development Charges By-law 3854/91 for each dwelling unit within this project shall be $3,764.
(2) From and after October 8, 1994, the development charges payable for dwelling units within this
project will be as set out in subsection (1) as adjusted on October 8, 1994, and annually on every
October 8 thereafter until they are paid, in accordance with the Engineering News Record Cost
Index (Toronto).
(3) The development charge set out in subsection (1) has been derived as follows:
administrative services - town offices $377
administrative services - capital growth studies 85
protection - tim facilities 93
protection - fire vehicles and equipment 154
storm drainage, roads, sidewalks, storm sewers, lighting and other services 964
transportation - works yards, vehicles and equipment 205
transportation - transit 52
major recreational facilities - major indoor recreational facilities 865
library - library facilities 230
library - library materials 141
electrical distribution services and facilities 598
total $3,764
2. ENGINEERING DRAWING INSPECTION FEE PAYABLE
The amount of the Engineering Drawing Inspection Fee payable for this project is $2,205.
3. SUBDIVISION AGREEMENT PROCESSING FEE PAYABLE
The amount of the Subdivision Agreement Processing Fee payable for this Agreement is $2,140 [$2,000
plus $140 GST.]
21
SPECIFIC PROVISIONS RESPECTING DEVELOPMENT
(Section 27)
1. EXPECTED NUMBER OF DWELLINGS
(1) This Agreement has been entered into in the expectation that 63 dwellings are to be constructed
on the Lands, two each on Lots I to 26 and 28 to 31, and three on Lot 27.
(2) If more or less than 63 dwellings are to be constructed in this project, the Town at its sole
discretion may require the Owner to obtain new approvals and authorizations under this
Agreement and may prohibit any development until the new approvals and authorizations are
obtained.
2. NOISE ATTENUATION MEASURES
(1) In the development of the project, the Owner shall implement the noise attenuation measures
recommended in the "Preliminary Noise Impact Report - Amberlea Residential, Town of
Pickering", prepared by J. E. Coulter Associates Engineering and dated February 9, 1994, as
revised as "Final Noise Impact Report, Amberlea Residential 14, Town of Pickering, Regional
Municipality of Durham, 18T-93013" dated April 21, 1994.
(2) Upon the completion of the implementation of those measures, the Owner shall provide to the
Town's Director of Planning a Certificate of Compliance from a Professional Engineer stating
that those noise attenuation measures have been implemented in accordance with that report.
(3) Before this Agreement will be executed by the Town, the Owner shall provide to the Town an
irrevocable letter of credit issued by a chartered bank in Canada in a form satisfactory to the
Town in the amount of SXXXXXX, pursuant to which the Town may draw any amount up to the
full amount thereof in the event that the Owner fails to provide the Certificate of Compliance
required under subsection (2) within three years of the registration of the plan.
(4) The Owner shall keep the letter of credit in good standing at all times and, should the Town draw
upon it at any time, the Owner shall forthwith increase the face value thereof by the amount of
the draw.
(5) Any draw upon the letter of credit made by the Town pursuant to subsection (3) shall be deemed
to be a penalty for the breach by the Owner of its obligations hereunder and shall not absolve the
Owner from complying with the provisions of this section.
(6) Upon receipt of the Certificate of Compliance required under subsection (2), the Town shall
return the letter of credit to the Owner, but under no circumstances shall any amount drawn upon
it by the Town be returned or refunded to the Owner or to any other person.
(7) The Owner shall indemnify and save harmless the Town,
(a) from any loss, inconvenience or damage which may result from the Owner failing to
comply with any provision of this section; and
(b) against any action or claim made against the Town by any person arising out of the
implementation or non-implementation of the noise attenuation measures or out of the
execution of this Agreement with this section in it.
22
SPECIAL PROVISIONS REQUIRED BY THE REGIONAL MUNICIPALITY OF DURHAM
The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in
this Agreement by the conditions of Draft Approval dated March 25, 1994 of Draft Plan 18T-93013 (as those
conditions apply to Phase 2 of the Plan) by the Acting Commissioner of Planning of the Regional Municipality
of Durham (the "Approval").
1. TIIE REGIONAL MUNICIPALITY OF DURHAM ("DURHAM")
Durham requires that,
(a) the Agreement of Purchase and Sale for the easterly dwelling unit on each of Lots 11 and 22 and
all dwelling units on Lots 17, 18, 19, 20 and 21 contain the following warning clause:
Purchasers are advised that sound levels.from increasing road traffic may continue 1o be
of concern, occasionally interfering with some activities of the dwelling occupants as the
sound level exceeds the municipality's and the Ministry of the Environment and Energy's
noise criteria.
This dwelling unit was fitted with a central air conditioning system. (Note: locate air-
cooled condenser unit in a noise-insensitive area..)
(b) the Agreement of Purchase and Sale for the westerly dwelling unit on each of Lots 11 and 22, all
dwelling units on Lots 8, 9, 10, 12, 13, 14, 15, 16, 23 and 24, and the easterly dwelling unit on
each of Lots 7 and 25 contain the following warning clause:
Purchasers are advised that sound levels from increasing road traffic may continue to be
of concern, occasionally interfering with some activities of the dwelling occupants as the
sound level exceeds the municipality's and the Ministry qf the Environment and Energy's
noise crileria.
This dwelling unit was fitted with a forced air heating system and the ducting, etc. sized
to accommodate a central air conditioning unit. (Note: locate air-cooled condenser unit
in a noise-insensitive area.)
2. MINISTRY OF NATURAL RESOURCES ("M.N.R.")
M.N.R. requires that the Owner,
(a) implement the works recommended in the reports referred to in Condition 11 of the Approval to
the satisfaction of M.N.R.;
(b) maintain all stormwater management and erosion and sedimentation control structures operating
and in good repair during the construction period, in a manner satisfactory to M.N.R.; and
(c) notify the appropriate M.N.R. office at least 48 hours prior to the initiation of any on-site
development.
23
~ Or~t~.~,o°fProv'nce Transfer/Deed of Land A
Form I -- Land Registration Reform Act, 1984
(1) Registry [] LandTIItes [] 2) Page 1 of pages
J (3) Property ~lock Properly
Ide~tllle~(a) Additional:
s.
(4) Conalderatlon
Dotiars $
(5) Desorlptlon This is a: Properly Property
Diwsion [] Consohdafion []
New Property Identifiers
Sae
(6) Thio (a) Redescription (b) Schedule for (7) Intareat,'Eatata Tranofen~:l
Document New Easement ' Additional Fee Simp e
Contains Plan/Sketch [] i Description [] Parties [] Other []
~'(8) Translator, s) '
Name(s) Signature(s)
Name(s) Signature(s) Y M D
'
(10) Tranafe~or(s) Address
for Service
>(11) Transferee(s) Date of Birth
..."1~,.~. ~J~. ~C~RI.Ng. ........................... .~a,.~ ~.~'"~u....~S,' .lV~a.~.~. ......................
(12) Tranoferee(s) Address
forSerYice Picketing Civic Centre, One The Esplanade, Pickering, Ontario L1V 6K7
> (13) Tranlfero~[s) The transteror verities that to the best of the transleror's knowledge and behef, this transfer does not contravene secbon 49 of the
Planning Act, lg83. Date of Signature Date of Signature
_0 Name and I Y I M i D
~D sAodldi;ietoSr of S,gnature ........................... ' ...... :... i ....
~J ~ J /14t So#clto~' for Tranlfem~iat I have investigated the title to this land and to abutt.ng land where relevant and I am satisfied that the title records
~ ~ transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario
~ ~:~ solicitor in good standing
fi' (~5.:_ Name and Date of Signature
~c~ Solicitor
J~l S.gnature .......................... : ......... ', ....
(15) A--m.n, Ro~, Number ' CrY i Mun. i MaP [ Sub. Pare, Properly [ i i }1~1~ Fees .nd Tax
>(16) Municipal Addre~ of Properly ' ! i (17): Document' Prepared' by: Registration Fee
OneTownC.M. Timothy SheffieldTOWnThe of Solicitor Esplanade Pickering
Pickering, Ontario l~D~j
· . L1V 6K7 Total
o, Schedule
Ontario S
Form 5 -- Land Registration Refom~ Act, 1~4
Page
'Additional property Identifier, s) and/or Other Infomtatlon
(7) INTEREST/ESTATE TRANSFERRED
Subject to the following terms and conditions, the free, uninterrupted and unobstructed fight
and easement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct and
remove storm drainage works together with appurtenances thereto (herein called the "works")
in, over, along, across, upon and under the land described in Box 5 (herein called the "lands"),
together with the right to the Transferee, its servants, agents and contractors with all necessary
vehicles, supplies and equipment to enter onto the lands and pass and repass over the lands for
the ptupose of exercising or enjoying any of the rights granted herein.
The terms and conditions which the parties hereto covenant and agree to observe and be bound
by are as follows:
1. The Transferee shall, except in case of emergency, before commencing any work
authorized hereby, give to the Transferor forty-eight hours previous written notice
thereof, and in cases of emergency such previous notice thereof as is reasonably possible.
2. Upon completion of any work, the Transferee shall f'dl in all excavations, restore fences,
and restore the surface of the ground by restoring all topsoil and grass cover disturbed
thereby, and do necessary grading to ensure soil and slope stability, and remove all
equipment.
3. The Transferor shall not erect any building or structure (except a fence) on the lands, and
shall not place or remove any fill on or from any part of the lands without the previous
written consent of the Transferee.
4. The right and easement granted herein shall be subject to all leases, licences, and any
rights of use or occupation existing at the date hereof, and the Transferor may from time
to time renew or extend these or make new ones, so long as they do not interfere
unreasonably with the right and easement herein granted.
5. The Transferor hereby releases the Transferee from any claim which may arise out of the
exercise by the Transferee of the right and easement grmlted hereby or which may arise
out of the existence, operation or non-operation of the storm drainage works provided the
Transferee has complied with all of the terms and conditions herein.
6. The Transferor shall execute such further assurances of the right and easement granted
hereby as the Transferee may reasonably request in writing.
7. The burden of this Transfer and of all the terms and conditions contained herein shall run
with the lands.
8. This Transfer and all of the terms and conditions contained herein shall enure to the
benefit of and be binding upon the Transferor and the Transferee and their respective
heirs, executors, administrators, successors and assigns.
LAND BENEFFITED (DOMINANT TENEMENT)
9. The benefit of this Transfer and all of the terms and conditions contained herein shall run
with all other lands and interests in lands owned, occupied or used by the Transferee for
the propose of operating and maintaining storm drainage works.
10178 (12~4)