HomeMy WebLinkAboutBy-law 2859/88THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.?859 /88
Being a by-law to authorize the execution of a
Transfer of Block 119, Plan 40M-1473 to Bramalea
Limited, of an Agreement to amend the Subdivi-
sion Agreement respecting Plan 40M-1473, of a
Development Agreement respecting the develop-
ment of Blocks 106, 107, 119, Plan 40M-1473 and
those parts of Lot 30, Concession 1, designated
as Parts 1-5, 8, Plan 4QR- , and a Release
of Blocks 106 and 107, Plan 40M-1473, from the
provisions of the Subdivision Agreement respect-
ing Plan 40M-1473.
WHEREAS pursuant to the provisions of section 193 of the Municipal Act, R. S.O.
1980, chapter 302, the Council of a municipal corporation may pass by-laws for
disposing of land when no longer required; and
; WHEREAS pursuant to the provisions of sections 50(6) and SZ(2) of the Planning Act,
1983, S.O. 1983, chapter 1, every municipality may enter into agreements respecting
Ii� the Subdivision and Development of Land and may therefore, by implication, provide
,i releases therefrom;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute the following documents:
(a) a Transfer, in the form attached hereto as Schedu]e A, of Block 119,
Plan 40M-1473, from The Corporation of the Town of Pickering to
Bramalea Limited;
(b) an Agreement in the form attached hereto as Schedule B, between The
Corporation of the Town of Pickering and Bramalea Limited, ta amend the
Agreement dated February 2, 1987, notice of which was registered July 3,
1987 as Instrument LT335613 to exempt Blocks 106 and 107, Plan 40M-1473
from the provisions thereof and to provide for the development of Blocks
111 and 11Z, Plan 40M-1473 in conjunction with abutting lands;
(c) an Agreement in the form attached hereto as Schedule C, between The
Corporation of the Town of Pickering and Bramalea Limited to provide for
the development of Blocks 106, 107 and 119, Plan 40b9-1473 in conjunction
with that part of Lot 30, Concession 1, Pickering, designated as Parts 1,
2, 3 and 8, Plan 40R- ; and
(d) a Release, in the form attacked hereto as Schedule D, releasing Sramalea
Limited and Blocks 1�6 and 1�7, Plan 4�M-1473, from the provisions of the
Subdivision Agreement providing for the development of Plan 40M-1473.
BY-LAW read a first, second and third time and finally passed this 2nd day of Au-
gust, 1988.
THE GORPORATION OF THE TOWN OF PICKERING
BY-LAW N0,7.859 /8g
Being a by-law to authorize the execution of a
Transfer of Block 119, Plan 40M-1473 to Bramalea
Limited, of an Agreement to amend the Subdivi-
sion Agreement respecting Plan 40M-1473, of a
Development Agreement respecting the develop-
ment of Blocks 106, 107, 119, Plan 40M-1473 and
those parts of Lot 30, Concession 1, designated
as Parts 1-5, 8, Plan 40R- , and a Release
of Blocks 106 and 107, Plan 40M-1473, from the
provisions of the Subdivision Agreement respect-
ing Plan 40M-1473.
WHEREAS pursuant to the provisions of section 193 of the Municipal Act, R.S.O.
1980, chapter 302, the Council of a municipal corporation may pass by-laws for
disposing of land when no longer required; and
WHEREAS pursuant to the provisions of sections 50(6) and 52(2) of the Planning Act,
1983, S.O. 1983, chapter 1, every municipality may enter into agreements respecting
the Subdivision and Development of Land and may therefore, by implication, provide
releases therefrom;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute the following documents:
(a) a Transfer, in the form attached hereto as Schedu]e A, of Block 119,
Plan 40M-1473, from The Corporation of the Town of Pickering to
Bramalea Limited;
(b) an Agreement in the form attached hereto as Schedule B, between The
Corporation of the Town of Pickering and Bramalea Limited, to amend the
Agreement dated February 2, 1987, notice of which was registered July 3,
1987 as Instrument LT335613 to exempt Blocks 106 and 107, Plan 40M-1473
from the provisions thereof and to provide for the development of Blocks
111 and 112, Plan 40M-1473 in conjunction with abutting lands;
(c) an Agreement in the form attached hereto as Schedule C, between The
Corporation of the Town of Pickering and Bramalea Limited to provide for
the development of Blocks 106, 107 and 119, Plan 40M-1473 in conjunction
with that part of Lot 30, Concession 1, Pickering, designated as Parts 1,
2, 3 and 8, Plan 40R- ; and
(d) a Release, in the form attached hereto as Schedule D, releasing Bramalea
Limited and Blocks 106 and 107, Plan 40M-1473, from the provisions of the
Subdivision Agreement providing for the development of Plan 40M-1473.
BY-LAW read a first, second and third time and finaily passed this 2nd day of Au-
gust, 1988.
/ �> 'i
� � �
Br ce aylor, r
ill Provmce Transfer/Deed of Land
� ol
Y Ontano
Form 1— Land Repidratlon Rdorm Act, 1881
ovE a our+HnM co �iM�rEo
Fqm No 9)0
�
(1) qpbtry � Land Tltla� � (2) Page 1 of 2 peges
(3) � ��s, Block Property ACEitionsl:
ScMtlub �
(0) CoMleNnllon
� Two oouars S Z• 00
J
2
� (5) Deaeriplbn This is a: Property Proparty
W Division ❑ ConsolitletiOn ❑
y
�
� Part of Parcel Reserves , Section 40M-1473,
LL being all of Block 119. Plan 40M-1473
� New Property Identitiers
¢ Atltlitional:
O SChBtlule ❑
Exacutbns
Town of Pickering
naan�o�ec Regional Municipality of Durham
s� �
SchaCule
(8) 7his (e) Redescription .(b) Schedule fon (7) InbmVE�4N TnnNrtM
Dowm�nt Naw Easement Atltlitional Fee SimPlfl
Con41ro Plen/Skatch � � Desoription � Perties � Other �
(8) TrsmNroKs) The trensferor hereby transfers the land to the transferee
............................................................................... ............
. . . . . . . . . .. . ....... ... ..O ri� ��SOri� .��:..D�taotS^gnature
...................... ....
Namels) gnat e(s)
THE CORPORATION OF THE TOWN 1988 ; 08, 03
OF PICKERING
.......................... ..................... .i988i 081; 03
. . . . . . . . . . . . . . . .B'r'uce 'Taylor; 'Clerk. . . . . . . . . . !. ',. . . �; . .
(9) Spouee(�) ol Transfero�(e) I hereby consent to this transaction Date of Signature
Name(s) Signature(s) v M o
' ' i
(10) Trsntlaroqs) Addroa • — r •
iorservice after August 31, 1989 - One The Esplanade, Pickering, Ontario
(11) T�ansferee�s) Date ot Birth
Y M D
BRAMALEA LIMITED
(1Y) Trensferea(s) Addreu
�orservke 1867 Yonge Street, Toronto, Ontario M4S lY5
(13) 7rwl�ror(a) The transferor verifies that to the best of the transferois knowledge and belief, this [ransfer does not contrevene section 49 of [he
Planning Act 1983. Date of Signature Date of Signature
V M D Y M D
Signature . . . . . . . . . . . . . . . .. . .. . . ' ! Signature.. . ; � '..
Solkftor tor Tramfera�s) I heve explai�d the etteCt�of seCtion�49 of the Planning Act,1983 to the trenste�o� ena I heve mede inquiries of the transte�or�
� to tletarmine that this trensfer Ooes not contrevene that section and beaed on the intormation supplied by the transferor, to the best of my knowledge
Z and belief, t�is transfer does not contravene that section. 1 am an Onterio solicitor in goo0 stenAing. Date of Signature
� Name and � v , M. D
a Address of Signeture . . . . . . . . . . . . . . . . . . . . . . . . . . '� . . . . . .'�. . . t
O Solicitor ' '
I
(11) SoNNIw lor TnntNrw(s) I have investigated the title to this land and to abutting land where relevent anC I am satisfied that the title records
�o��, raveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Ptanning ACt, 1983 enC that to the best of my knowledge and beliei this
c �; trenster does not contravene sectlon 49 of the Planning Act 1983. 1 act in0ependently of tha solicitor for tha trensferor(s) and I am an Ontario
'� �F � solicitor in good stending.
a yo= Name and Date of Signature
d Ad4r833 ot V M D
Q �t SoIICitOr
b
y SignatUre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .
(15) Awqm�nl Roll Numb�r I Cry. ', Mun I Map ; Sub. Par. � Faas and Tax
otarop�rty � not assigned Z
' � � � Registration Fea
(18) Munkiptl Addrou ol Property (17) Documenl Prop�rW by:
not assigned C.M. Timothy Sheffield � LendTrareferTaz
Town Solicitor W
U
, 1710 Kingston Road LL
Pickering, Ontario °
L1V 1C7 0 7oui
THIS AGREEMENT made this 2nd day of August, 1968.
B E T W E E N:
BRAMALEA LIMITED
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS, by Agreement dated February 2, 1987, between the Owner and the Town,
the Owner proposed to subdivide and register a plan of subdivision of part of Lots 29
and 30, Concession 1, Pickering, being Draft Plan Number 18T-8302Z, as revised
(west portion), now registered as Plan 40M-1473, Picicering; and
WHEREAS, it is deemed desirable to amend that Agreement in certain respects; and
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town
approving the proposed plan of subdivision and the covenants hereinafter expressed,
the Parties hereto covenant and agree one with the other as follows:
1. The lands affected by this Agreement are:
FIRSTLY, Blocks 111 and 112, Plan 40M-1473, Pickerin�, and
SECONDLY, those parts of Lot 30, Concession 1, Pickering, designated as Parts
4 and 5, Plan 40R-XXXXX.
2. In this Agreement, the term "Subdivision Agreement" shall mean the Agreement
dated February 2, 1987, between the Owner and the Town, notice of which was
registered July 3, 1967 as Instrument LT335613.
3. The Owner acknowledges and agrees that it is bound by all the terms and
provisions of the Subdivision Agreement as amended hereby.
4. Whenever in this Agreement the word "Owner" and the pronoun "it" is used, it
shall be read and construed as "Owner or Owners" and "his", "her" or "them",
respectively, and the number of the verb agreeing therewith shall be construed
accordingly.
5. Time shall be of the essence of this Agreement.
6. This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
7. (1) Prior to the registration of this Agreement, the Owner shall pay to the
Town the following amounts:
(a) $35 as an engineering drawing inspection fee; and
(b) $4,�0� as unit levies payable in respect of the two building lots
created by the addition of Parts 5 and 4, Plan 40R-XXXXX, to
Blocks 111 and 112, respectively.
(2) Prior to the registration of this Agreement, the Town shall pay to the
Owner the sum of $b,000, as a rebate of that part of the amount previ-
ously paid by the Owner to the Town as its contribution to the Town's
future costs of the servicing and upgrading of Rosebank Road adjacent to
Blocks 106 and 107.
8. Section 27 of the Subdivision Agreement is deleted and the following substituted
for it:
In the event that more or less than 107 housing units are to be con-
structed in the plan (excluding Blocks 106 and 107), an amendment to
this Agreement shall be required.
9. Subsection (1) of Section 29 of the Subdivieion Agreement is amended by delet-
ing the word "when" from line 3 by substituting the word "before" for it.
10. (1) Subsection 2 of Section 33 of the Subdivision Agreement is amended by
deleting "0.5255 hectares" from line 5 and by substituting "0.5305
hectares" for it.
(2) Subsection 2 of Section 33 is further amended by deleting "1.0926
hectares" from line 7 by substititing "1.0876 hectares" for it.
11. Subsection (1) of Section 35 0£ the Subdivision Agreement is amended by delet-
ing "106" from line 2 and by substituting "107" therefor.
12. Section 5 of the Schedule A to the Subdivision Agreement is deleted and the
following substituted for it:
(1) The development of Blocks 106 and 107 shall not be governed by the
provisions of this Agreement.
(2) Subject to the provisions of section 6 of this Schedule, the Owner shall
reserve Blocks 108, 1�9, 110 and 113 for future residential development in
conjunction with lands abutting them, and shall maintain those Blocks to
the Town's satisfaction until developed.
13. Section 6 of Schedule A to the Subdivision Agreement is amended by deleting
clause (b) and (d) from it.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by their authorized officers.
SIGNED, SEALED & DELIVERED
BRAMALEA LIMITED
E CORPORATION OF THE TOWN OF PICKERING
Bruce Taylor, Clerk
2
THIS AGREEMENT made this Znd day of August, 1988.
B E T W E E N:
BRAMALEA LIMITED
hereinafter called the "Owner"
OE THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to develop part of Lot 30, Concession 1, Pickering, in
order that four detached dwellings may be constructed on the Rosebank Road frontage
thereof, for which purpose the Town has amended By-law 3036 (By-laws 1965/85 and
2311/86) and has agreed to amend that by-law further on condition that this agree-
ment be made (A77/87);
NOW THEREFOR�, THIS AGREEMENT WITNESSETH, that in consideration of the Town
approving the proposed plan of subdivision, and the covenants hereinafter expressed,
the Parties hereto covenant and agree one with the other as follows:
1. LAND AFFECTED
The lands affected by this Agreement (the "Lands") are Blocks 106, 107 and
119, Plan 40M-1473, Pickering, and those parts of Lot 30, Concession 1, Picker-
ing, designated as Parts 1, 2, 3 and 8, Plan 40R-XXXXX.
2. CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before December
31, 1988, the Town may, at its option on one month's notice to the Owner,
declare this Agreement to be null and void and of no further effect, and the
Town shall not be ]iable for any expenses, costs or damages suffered by the
Owner as a result thereof.
3. NOTICE
Any notice required to be given hereunder may be given by registered mail
addressed to the other Party at its principal place of business and shall be
effective as of the second day immediately following the date of the deposit
thereof in the Post Office.
4. INTERPRETATION
(1) Whenever in this Agreement the word "Owner", and the pronoun "it" is
used, it shall be read and construed as "Owner or Owners", and "his",
"her" or "them", respectively, and the number of the verb agreeing
therewith shall be construed accordingly.
(2) Schedule A attached hereto shall form part of this Agreement.
5. TIME
6.
7.
0
L'�
Time shall be of the essence of this Agreement.
BINDING PARTIES
This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the Lands,
or any part thereof, to enter upon the Lands in order to comply with the
provisions of this Agreement.
OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good
ner, for the Town, all the municipal services as hereinafter
satisfaction of the Town of Pickering, and shall complete,
payment for such other matters as may be provided for herein.
CONSULTING ENGINEERS
workmanlike man-
set forth to the
perform or make
(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
generally the work required to be done for the development of the Lands.
(2) Such Consulting Engineer, or any
retained until the work provided
formally accepted by the Town.
10. STORM DRAINAGE
successor thereto, shall continue to be
for in this Agreement is completed and
(1) The Owner shall construct a complete storm water drainage and manage-
ment system, including storm connections to the street ]ine and catch
basin leads to service all the Lands and to provide capacity for ]ands up-
stream of the Lands, according to designs approved by the Director of
Public Works and according to the specifications of the Town in effect at
the date hereof and shall maintain it, including clearing any blockages or
debris from whatever cause, until it is formally accepted by the Town.
(2) Such system shall 6e constructed to an outlet or outlets according to
designs approved by the Director of Public Works and shall be of suffi-
cient size and depth and at locations either within or outside the Lands to
service them and the aforementioned lands outside the plan of subdivi-
sion, which in the opinion of the Director of Public Works, will require
its use as a trunk outlet.
(3) Should, in the opinion of the Director of Public Works, an inadequate
stream or structure exist in the outlet system outside the Lands, the
Owner may be required to carry out such works as are necessary to
provide an adequate outlet.
(4) The Town may connect or authorize connection into any part of the
system but such connection shall not constitute acceptance of the sewer
system by the Town.
(5) No connection under subsection 4, above, shall be undertaken or au-
thorized prior to preliminary acceptance of the sewer system by the
Town, except in an emergency.
2
11. ROADS - PAVED
(1) The Owner shall reconstruct Rosebank Road adjacent to the Lands, ac-
cording to the Town's specifications for paved roads of the Town in effect
at the date hereof.
(2) Until assumption by the Town, the Owner shall maintain and repair roads
outside the Lands where construction has taken place or that are used by
construction traffic entering the Lands and keep such roads clear of mud,
dust, refuse, rubbish or other litter of all types.
(3)
(4)
The Owner shall erect and maintain adequate signs to warn al] persons
using Rosebank Road that construction is being undertaken.
Such signs and the location thereof are subject to the approval of the
Town's Director of Public Works.
12. CURBS & GUTTERS
13
14
15
(1) The Owner shall construct curbs
structed pursuant to section 11,
Town in effect at the date hereof
formally accepted by the Town.
and gutters on the road to be recon-
according to the specifications of the
and shall maintain them until they are
(2) If any curb depressions are not located correctly with respect to a drive-
way, the Owner shall construct a curb depression in the correct location
and fill in the original curb depression according to the specifications.
5IDEWALKS
(1) The Owner shall construct the following segment of sidewalk, within the
six months immediately following the occupancy of the first dwelling unit
to be occupied on any lot adjacent to that segment, despite any longer
time limit otherwise applicable pursuant to section 1 of Schedule A:
(a) adjacent to the Lands on the east side of Rosebank Road.
(2} Despite the provisions of subsection {1), where the occupancy of the first
dwelling unit occurs in November or December of any year, the time limit
for construction of the adjacent sidewalk shall be extended to June 30 in
the following year.
(3) The Owner shall maintain the sidewalk segment until it is formally ac-
cepted by the Town.
ELECTRICAL SERVICES
Where electricity, cable television service or telephone service is to be provided
to any lot in the Lands, it shall be provided underground and in accordance
with the standards and specifications of Pickering Hydro-Electric Commission,
Pickering Cable T. V. Limited or Bell Canada, as the case may be.
STREET LIGHTING
(1) The Owner shall upgrade street lighting on Rosebank Road adjacent to
the Lands, including poles and other necessary appurtenances where
necessary.
(2) Electrical service for street lighting shall be provided underground and
not aboveground.
(3) Street lighting and its related electrical service shall be designed and
installed in accordance with standards established by the Town and in
conformity with the Association of Municipal Electrical Utilities Guide to
Municipal Standard Construction.
3
(4} The installation of street lighting and its related services shall be under
the supervision and inspection of Pickering Hydro-Electric Commission.
16. INSPECTIONS
(1) Prior to the registration of the plan, the Owner shall pay to the Town
the sum of $140 as an engineering drawing inspection fee.
(2) All works required to be constructed by the Owner, except those re-
ferred to in sections 14 and 15 shall be installed under the observation of
Inspectors employed by the Town and the Owner shall pay the costs
incurred therefor within 30 days of invoices being rendered.
(3) The costs referred to in subsection (2) may include, but not necessarily
be limited to, salaries and wages of Inspectors, testing fees and adminis-
tration fees.
17. LIABILITY INSURANCE
(1) Before commencing any of the work provided for herein, the Owner shall
supply the Town with a Liability Insurance Policy in form satisfactory to
the Town, naming the Town as an insured and indemnifying the Town
from any loss arising from claims for damages, injury or otherwise in
connection with the work done by or on behalf of the Owner on the Lands
and elsewhere.
{2) The amount of the Policy shall be $5,000,000.
(3) In the event any renewal premium is not paid, the Town, in order to
prevent the lapse of such Liability Insurance Policy, may pay the renewal
premium or premiums and the Owner shall pay the cost of such renewal or
renewals within 30 days of the account therefor being rendered by the
Town.
(4) It shall be the responsibility of the Owner to notify the Town of the
dates for the renewal of the premium of the said policy and to supply
proof that the premium of the said policy has been paid in order that the
protection provided by the Liability Insurance Policy shall not lapse.
18. PERFORMANCE & MAINTENANCE GUARANTEE
(1) Before commencing the construction, installation or performance of any of
the works provided for herein, the Owner shal] supply the Town with a
b0$ performance and maintenance security in a form satisfactory to the
Town and in an amount established by the Director of Public Works (the
"original value") for the purpose of,
(a) guaranteeing the satisfactory construction, installation or perfor-
mance of the works;
(b) guaranteeing the payment of any amounts payable to the Town
under section 16 of 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, 1983, and
(d) guaranteeing all works, workmanship and materials for a period of
2 years from the date that the works are completed and such
completion acknowledged, in writing, by the Town.
(2) The Owner may, at any time after the first 50$, in value, of works have
been constructed, installed or performed, and paid for, apply for a
reduction in the security and such application shall be made to the Town
Treasurer.
4
(3) Upon written verification from the Director of Public Works that the
construction, install�tion or performance of the works for which reduction
is being sought have been satisfactorily completed and paid for, the Town
Manager may reduce the amount of the security to an amount not less
than,
(a) sixty per cent (60$) of the original value where no certificate or
declaration of substantial performance has been made;
(b) thirty-five per cent (35$) of the origina] value where,
(i) a certificate or declaration of substantial performance has
been published;
(ii) 45 days following such publication have expired; and
(iii) all liens that may be claimed against any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
and
(c) seventeen per cent (17$) 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; and
(iii) all liens that may be claimed against any holdback
required to be retained 6y the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
which seventeen per cent (17$) portion shall secure the guarantee of
works, workmanship and materials, until the obligation to guarantee has
expired, 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.
19. DRAINAGE - SODDING
(1) The Owner shall provide the Town, before commencing any of the work
provided for herein and prior to the commencement of the development of
the Lands, with a Grading Control Plan prepared by the Owner's Consult-
ing Engineer, establishing the proposed grading of the lands to provide
for the proper drainage thereof and the drainage of all adjacent lands
which drain through' the Lands.
(2) The Grading Control Plan shall be prepared in accordance with the
Town's Lot Drainage and Storm Water Management Specifications in effect
at the date of this Agreement, 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 Parks and Recreation, that surface
run-off water.
(3) The Grading Control Plan is subject to the approval of the Town's Direc-
tors of Public Works and Parks and Recreation and the Metropolitan
Toronto and Region Conservation Authority.
5
(4) The grading of all lands shall be carried out by the Owner in accordance
with the approved Grading Contro] Plan, under the supervision of the
Owner's Consulting Engineer.
(5) If, in the opinion of the Director of Public Works, drainage problems
occur prior to formal acceptance of the works by the Town, the Owner
shall correct them by re-grading or by the construction of catch basins,
swales or other structures as may be necessary to correct such problems.
(6) Despite any time limit otherwise applicable pursuant to section 1 of Sched-
ule A, the Owner shall sod the front, side and rear yards of each of the
lots comprising the Lands except for paved, planted or treed areas,
within the six months immediately following the occupancy of the dwelling
unit erected thereon, unless such occupancy occurs in November or
December of any year, in which case the time limit for such sodding shall
be extended to June 30 in the following year.
20. INCOMPLETED OR FAULTY WORK
(1) If, in the opinion of the Director of Public Works, the Owner is not
prosecuting or causing to be prosecuted the work in connection with this
Agreement within the specified time, or in order that it may be completed
within the specified time, or is improperly performing the work, or shall
the Owner neglect or abandon it before the completion, or unreasonably
delay the same so that the conditions of this Agreement are being violated
or carelessly executed, or in bad faith, or shall the Owner neglect or
refuse to renew or again perform such work as may be rejected by the
Director of Public Works as defective or unsuitable, or shall the Owner in
any other manner, in the opinion of the Director of Public Works, make
default in performance of the terms of this Agreement, then in any such
case, the said Director of Public Works shall promptly notify the Owner
and his surety in writing of such default or neglect and if such notifica-
tion be without effect within 10 clear days after such notice, then in that
case, the Director of Public Works shall thereupon have full authority to
purchase such materials, tools and machinery and to employ such workmen
as in his opinion shall be required for the proper completion of the said
work 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 work may be done without prior notice but the Owner shall be
forthwith notified.
(3) The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
(4) It is understood and agreed that such costs shall include a management
fee of twenty per cent (20$) of the labour and material value, and fur-
ther, a fee of thirty per cent (30$) of the value for the dislocation and
inconvenience caused to the Town as a result of such default on the part
of the Owner, it being hereby declared and agreed that the assuming by
the Owner of the obligations imposed by this paragraph is one of the
considerations, without which the Town would not have executed this
Agreement.
21. TRANSFERS - CONVEYANCES
(1) The Owner shall convey Parts 6 and 7, Plan 40R-XXXXX (Rosebank Road
widening) to the Town, free and clear of all encumbrances and at no cost
to the Town, upon the registration of this Agreement or within the 30
days immediately following the registration thereof.
(2) Notwithstanding the provisions of subsection (1), above, the transfer
required therein shall not be deemed to be subject to an encumbrance if
that encumbrance relates in any way to the existence or maintenance of a
public utility in operation as of the date of this Agreement.
0
22. TRANSFERS - EASEMENTS
(1) The Owner shall arrange at no cost to the Town for granting to the Town
such easements as the Director of Public Works or his designate shall
deem necessary for the provision of storm sewer services both within the
Lands and across lands adjacent thereto.
(2) Such easements shall be subject to the approval of the Director of Public
Works or his designate as to their location and width.
(3) The construction of any services in such easement or easements referred
to in subsection (1) shall not commence until the easement has been
acquired, unless permission to do so has been obtained by the Owner, in
writing, from the Town and from the registered owner of the lands across
which the easement shall lie.
23. GENERAL PROVI5IONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave all driveway approaches between the curb and sidewalk.
(b) Continuation of Existing Services
Where the construction of services herein involves a continuation to
existing services, to join into the same, including adjustment of grades
where necessary, in a good and workmanlike manner.
(c) Public Lands - Fill & Debris
(i) Neither to dump nor to permit to be dumped, any fill or debris
on, nor to remove or permit to be removed, any fill from any
public lands, other than in the actual re-consEruction of Rosebank
Road, without the written consent of the authority responsible for
such lands.
(ii) On request, to supply the Town with an acknowledgement from
such authority of the Owner's compliance with the terms of sub-
clause (i) .
(iii) That there shall be no burning of refuse or debris upon its lands
or any public lands.
(d) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or quantitative tests
made of any materiais which have been or are proposed to be used in the
construction of any services required by this Agreement, and the cost of
such tests shal] be paid by the Owner within 30 days of the account
being rendered by the Town.
(e) Relocation of Services
(i) To pay the cost of relocating any existing services and utilities
within 30 days of the account for same being rendered by the
Town,
(ii) Similarly to pay the cost of moving any services or utilities
installed under this Agreement in driveways or so close thereto,
in the opinion of the Director of Public SVorks, as to interfere
with the use of the driveway.
(f) Specifications
Unless otherwise provided, to perform any work required to be done
under this Agreement to the specifications of the Town in effect at the
date hereof.
7
(g) Temporary Signs
To provide and erect at its own cost, to the specifications of the Town,
temporary signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
(h) Engineering Drawings
Prior to the final acceptance of the development, to supply the Town with
the original drawings of the engineering works with amendments, if any,
noted thereon.
(1) Survey Monuments & Markers
Prior to the acceptance of the development by the Town, to supply a
statement by an Ontario Land Surveyor that, after the completion of the
works, he has found or re-established all standard iron bars as shown on
the registered plans.
24, CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) No building permit shall be issued for any building or part of a building
in the subdivision until sewer and water facilities are available, and in
the opinion of the Director of Public Works, capable of providing adequate
service.
(2) 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:
(i) Storm sewer, sanitary sewer and water facilities are installed and
in operation to adequately serve such building or part thereof;
(ii) Electric service is completed and in operation;
(iii) An asphalt base has been laid on the road immediately in front of
the building or part thereof;
(iv) Such curbs, as in the opinion of the Director of Public Works,
are required to be completed prior to occupancy have been con-
structed on the said road.
(4) The Owner shall maintain vehicular access to all occupied buildings in the
plan of subdivision until the roads are formally assumed by the Town.
25. DWELLING UNITS
In the event that more or less than 4 dwelling units are to be constructed on
the Lands, an amendment to this Agreement shall be required.
26. DESIGN PLANNING
(1} The Owner shall, prior to the issuance of any building permit for the
construction of any residential unit on the Lands, submit to the Town's
Director of Planning, for approval, a report outlining siting and architec-
tural design objectives for the development, which approval shall not be
unreasonably withheld.
(2) The report referred to in subsection (1) may be required, at the Direc-
tor's option, to provide the following information:
(a) house massing;'
(b) streetscape;
(c) exterior materials and colours;
(d) architectural style;
:
(e) visual variety;
(f) energy conservation measures; and
(g) any other data or information required.
(3) The Owner shall, prior to the issuance of any building permit for the
construction of a residential unit to be erected on the Lands, submit to
the Director, for approval, site plans and architectura] drawings for that
unit, which approval shall not be unreasonably withheld.
(4) The plans and drawings referred to in subsection (3) 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 pre-
served;
(c) streetscape for front and rear elevation at a scale acceptable to
the Director;
(d) streetscape to show all street furniture and vegetation;
(e) the relationship of buildings by blocks; and
(f) any other data or information required.
(5) Despite the generality of subsections (1). (2). (3) and (4), above, the
report referred to in subsection (1) and the plans and drawings referred
to in subsection (3) shall include details of driveway design (including
location) and garage sizes for all residential lots.
27. FINANCIAL PAYMENTS
(1) The Owner shall pay to the Town a unit levy in the amount of:
(a) $2,500 per unit if paid before 3uly 31, 1988;
(b) $2,750 per unit if paid after July 31, 1988, but before January 1,
1989;
(c) $2,875 per unit if paid in 1989; or
(d) $3,05� per unit if paid in 1990,
for each dwelling unit to be erected on the Lands, each payment to be
made when the building permit for the unit is issued.
(Z) No building permit shall be issued for any dwelling unit unless payment
of the unit levy shall have been made in advance of the issuance of such
permit with respect to such dwelling unit.
(3) Payments of such levies shall be made to the Town from time to time as
building permits are required.
(4) In any event, the Owner shall pay all levies due under the provisions of
this section in full, no later than 18 months from the date of registration
of Agreement.
(5) A letter from the Clerk of the Town advising that the unit levy has been
paid shall be deemed to be a release of this section for the lands referred
to in the said letter.
28. FINANCIAL SECURITY
The Owner shall, immediately prior to the registration of this Agreement,
deposit with the Town, a security payable to the Town, in a form satisfactory
to the Town, for the sum of $12,200 as security for the payments referred to in
section 27 hereof.
0
29. GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the Lands as required by law from time to
time.
(b) Local Improvements
Prior to the registration of this Agreement, to prepay any outstanding
local improvement charges which are levied against any of the Lands.
(c) Interest
To pay interest at the rate of eighteen per cent (18$) per annum to the
Town on all sums of money payable herein which are not paid on the due
dates calculated from such due dates.
(d) Registration Fees
To pay all registration costs incurred by the Town relating in any way to
the registration of this Agreement or any other related documentation,
including transfers, in the Land Titles Office.
(e) Lien or Other Claims
Upon applying for final acceptance of the development, to supply the
Town with a Statutory Declaration that all accounts for work and materials
have been paid, except normal guarantee holdbacks, and there are no
claims for liens or otherwise in connection with such work done or materi-
al supplied for or on behalf of the Owner in connection with the develop-
ment, or if such claims do exist, the Owner shall indemnify the Town
against all claims, actions or demands for liens or otherwise and all costs
in connection therewith.
30. EXPIRY OF SECURITIES
(1) Should any security required to be given under the terms of this Agree-
ment expire during the currency of the Agreement, 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 to the satisfaction of 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 any further security.
31. PROVISION OF PARKLAND
(1} The Owner and the Town acknowledge that the Owner has provided to the
Town, in connection with the development of Plan 40M-1473 and earlier
plans, parkland in excess of the amount required by the Town and the
amount of that excess is 1.0876 hectares.
(2) A portion of that excess parkland, namely 0.0198 hectares shall be al-
located as the parkland required in connection with the development of
the Lands, reducing the amount of that excess to 1.0678 hectares.
32. TREE PLANTING
(1) The Owner shall plant on Rosebank Road adjacent to the Lands, 4 trees
of a size and type acceptable to the Town.
10
(Z)
(3)
A schedule of the Owner's tree planting scheme shall be approved by the
Director of Planning prior to the planting of any trees.
The trees approved by the Town shall be planted by the Owner when the
boulevard into which they are to be planted is sodded.
33. TREE PRESERVATION
(1) The Owner shal] retain, at its own expense, a qualified expert to prepare
a Tree Preservation Program indicating which existing trees shal] be
preserved.
(2) The Program shall be submitted to the Director of Planning for review
and approval, and, once approved, shall be implemented as approved
only.
(3) In determining whether or not to approve the Program, the Director shall
be governed by the Town Tree Preservation Policy in effect at the date
hereof.
(4) Until such time as the Program is approved, the Owner shall not com-
mence, nor allow to be commenced, any aspect of the development of the
Lands, including the removal of any trees.
(5) 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 Parks and Recreation, 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 spe-
cies determined by the Director; such replacement shall be at no cost to
the Town.
(6) The Owner's liability under subsection (5) shall continue until,
(a) where the lands upon which the tree is located comprise a res-
idential building lot, twelve months after the completion of the
sodding on the lot, or
(b) where the lands upon which the tree is located comprise lands
other than a residential building lot, the expiry of the guarantee
period referred to in section 1 of Schedule A of this Agreement.
IN 6NITNESS 6VHEREOF, the Parties hereto have hereunto affixed their Corporate Seals
attested to by the hands of their authorized officers.
SIGNED, SEALED � DELIVERED
BRAMALEA LI�4ITED
THE CORPORATION OF THE TOWN OF PICKERING
n r; .
Bruce Taylor, Clerk
11
1
SCHEDULE A
TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP � MATERIALS
(1) In this section, "preservicing" means the undertaking, prior to the
registration of this Agreement, of any works or services required to be
undertaken by the provisions of this Agreement, on the Lands or on any
lands adjacent thereto, and "preservice" has a corresponding meaning.
(2) The Owner may preservice this project only with the prior written ap-
prova] of the Town which may be issued by the Town's Legal Services
Department only after the Owner has,
(3)
(4)
(a)
(b)
(c)
(d)
(e)
(f)
ig)
executed this Agreement;
supplied a satisfactory performance and maintenance security
pursuant to section 18;
supplied a satisfactory liability insurance policy pursuant to
section 17;
provided a Grading Control Plan pursuant to section 19 which has
been approved by the authorities referred to in subsection (3) of
that section;
obtained the necessary permissions required by section 22 where
storm sewer easements are required;
submitted a Tree Preservation Program pursuant to section 33
which has been approved by the authority referred to in sub-
section (2) of that section; and
submitted complete engineering drawings for the project which
drawings have been approved by all relevant authorities.
Despite the provisions of subsection (2), preservicing limited to,
(a)
(b)
(c)
(d)
(e)
(f)
ig)
making soil quality and compaction tests,
surveying the boundaries of the Lands and of proposed lots,
marking existing and proposed grade elevations,
tests and examinations of the Lands necessary for the preparation
of required pre-development studies,
compliance with an approved Tree Preservation Program,
lawful erection of permitted signs, or
any combination thereof,
shall not require the prior written approval of the Town.
The Owner shall complete all works, services and requirements under this
Agreement,
(a) within one year of the date of registration of this Agreement if
preservicing (except pre-servicing limited to that described in
subsection (3), or site grading, soil movement and storage, or
both) has occurred with or without the Town's approval, or
(b) within two years of that date if no preservicing (except
pre-servicing limited to that described in subsection (3), or site
grading, soil movement and storage, or both) has occurred.
A-1
(5) The Owner shall guarantee all works, workmanship and materials employed
or used in the construction, installation or completion of all works, ser-
vices and requirements under this Agreement For a period of two years
from the date that the works, services and requirements are approved in
writing by the Town.
2. DEMOLITION OF EXISTING BUILDINGS
All buildings and structures on the Lands shall be demolished by the Owner, at
its sole expense, prior to the issuance of any building permit.
3. CO-ORDINATED DEVELOPMENT
The ]ands set out in Column I of the following Table shall be developed by the
Owner only in conjunction with the lands described in Column II thereof, to
provide the number of units set out in Column III thereof:
Item Column I Column II Column III
1. Block 106, 40M-1473 Block 119, 40M-1473 1
2. Block 107, 40M-1473 Part 3, 40R-XXXXX 1
3. Part 2, 40R-XXXXX nil 1
4. Part 1, 40R-XXXXX Part 8, AOR-hXXXX 1
4. RELEASE FROM PROVISIONS OF AGREEMBNT REGISTERED AS
INSTRUMENT LT335613
Upon the registration of this Agreement on title to Blocks 106, 107 and 119,
Plan 4064-1473, Pickering, those Blocks shall be released from al] obligations
otherwise applicable thereto which respect to the development thereof pursuant
to the Subdivision Agreement registered on title to Blocks 106 and 107, Plan
40R4-1473 as Instrument No. LT335613.
A-2
RELEASE AND DISCHARGE
WHEREAS, by Agreement dated February 2, 1987, notice of which was registered on
Suly 3. 1987, in the Land Titles Office for the Registry Division of Durham as
Instrument No. LT335613 and between,
BRAMALEA LIMITED
hereinafter referred to as the "Company"
-and-
I'HE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
the Company made certain covenants and agreements with the Town relating to the
subdivision and development of certain lands including Blocks 106 and 107, Plan
40M-1473, Pickering; and
WHEREAS, the Company has entered into a second Agreement with the Town to pro-
vide for the development of those Blocks, a term of which is that the Town release
the Company frnm the former Agreement;
NOW THEREFOi<;: the Town hereby remises, releases and forever discharges the
Company, its successors and assigns, from any and all liabilities, actions, causes of
action, debts, claims or demands of any kind whatsoever which the Company may
have been, is, or may become subject to pursuant to the provisions of the Agreement
dated February 2, 1987, notice of which was registered Suly 3, 1987 as Instrument
LT335613 insofar as that Agreement affects Blocks 106 and 107, Plan 40M-1473,
Pickering.
IN WITNESS WHEREOF the Town has hereunto affixed its corporate seal attested by
its properly authorized officers.
Dated at Pickering this day of August, 1488,
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
n
Bruce Taylor, Clerk