HomeMy WebLinkAboutBy-law 2978/88THE CORPORATION OF THE TOWN OF PICKERING
Y-LAW N02978 !88
�I Being a by-law to authorize the execution of a
II Subdivision Agreement respecting the development
of Part Lot 27, Concession 2, Pickering (Draft
�, Plan 18T-87093; Cougs Investments Ltd.).
il WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 27,
� Concession 2, Pickering, has been approved by the Council of The Corporation of the
Town of Pickering and the Regional Municipality of Durham subject to several con-
; ditions, one of which requires the entering into of a satisfactory Subdivision Agree-
� ment with The Corporation of the Town of Pickering;
'I
NOW THEREFORE, the Council of the Corporation of tlie Town of Pickering HEREBY
�NACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree-
ment, in the form attached hereto as Schedule A, respecting the development of
Part Lot 27, Concession 2, Pickering, included in Draft Plan 18T-87093; (Cougs
Investments Ltd.)
�i BY-LAW read a first, second and third time and finally passed this �6th day of
' January 1989
� i
�j ��N � � .�/ %'.�
�yne rthur's, /fayor
/ , � �-
° rtfce Tay or, er
TOWN OF
PIC!<ERING
APPROVEO
S TO.FQRP
LEGAI. DEPi. J ,
�
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW N02978 /88
Seing a by-law to authorize the execution of a
Subdivision Agreement respecting the development
of Part Lot 27, Concession 2, Pickering (Draft
Plan 18T-87093; Cou�s Investments Ltd.).
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 27,
Concession 2, Pickering, has been approved by the Council of The Corporation of the
Town of Pickering and the Regional Municipality of Durham subject to several con-
ditions, one of which requires the entering into of a satisfactory Subdivision Agree-
ment with The Corporation of the Town of Pickering;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
� 1. The Mayor and Clerk are hereby authorized to esecute a Subdivision Agree-
ment, in the form attached hereto as Schedule A, respecting the development of
, Part Lot 27, Concession 2, Pickering, included in Draft Plan 18T-87093; (Cougs
Investments Ltd.)
F3Y-LAW read a first, second and third time and finally passed this 16th day of
January 1989
� �
��,�/J
� � ii�'%_ ..�
�C3ayne rt s, ayor
� � � �
- Br ce Taylor, er
TOWN OF
PICI<ERING
APPROVED
A TO f Rh',
LEGAL DEP .
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW N02978 /88
Being a by-law to authorize the execution of a
Subdivision Agreement respecting the development
of Part Lot 27, Concession 2, Pickering (Draft
Plan 18T-87093; Cougs Investments Ltd.).
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 27,
Concession 2, Pickering, has been approved by the Council of The Corporation of the
Town of Pickering and the Regional Municipality of Durham subject to several con-
ditions, one of which requires the entering into of a satisfactory Subdivision Agree-
ment with The Corporation of the Town of Pickering;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree-
ment, in the form attached hereto as Schedule A, respecting the development of
Part Lot 27, Concession 2, Pickering, included in Draft Plan 18T-87093; (Cougs
Investments Ltd.)
BY-LAW read a first, second and third time and finally passed this 16th day of
January 1989
��-v�^� /lS/�
ayne rtht�rs�
i. -' �
f,. -
% � /'F � �
✓ Br ce Taylor, Cler
TOWN OF
PlCKERING
APPkOVED
S TO.FORf
LEGAL
Schedule A
THIS AGREEbfENT made thia day of , 1988
B E T W E E N s
COUGSINVESTMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
-and-
THE CORPORATION OF THE TOWN OF PTCKERING
hereinafter called the "Town"
, OF THE SECOND PART.
WHEREAS, the Owner proposes to subdivide part of Lot 27, Concession 2, 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-87093, as revised;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town
approving the propoeed 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 Lots 1 to 48, both
inclusive, and Blocks 49 to 53, both inclusive, Plan 40�1- , Pickering.
2. CANCELLATION OF AGRE�`IL\T
In the event the plan of suhdivision is not registered on or before Ji:ne 30,
1989, 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 liable for any expenses, costs or damages suffered by the Owner
as a result thereof.
3. NOTICE
Any nutice required to be given hereunder may 6e given by regiatered mail
addreeaed to the other Party at its principal place of businesa 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 thia Agreement the word °Owner", or "Encumbrancer" and
the pronoun "it" is used, it shall be read and conetrued ae "Owner or
Owners", "Encumbrancer or En6umbrancers" and "hie", "her" or "them",
i2?
5. TIME
6.
7
0
0
10
respectivelq, and the number of the verb agreeing therewith shall �be
constsued accordingly.
Schedulae A and B attached hereto shall form part of this Agreement.
Time shall be of the esaence of thin Agreement.
BINDING PARTIES
Thia Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Partiea hereto, their successors and asaigns.
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 workmanlike man-
ner, for the Town, ail the municipal services as hereinafter set forth to the
satisfaction of the Town of Pickering, and shall complete, perform or make
payment for such other matters as may be provided for herein.
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
generally the work required to be done for the development of the plan of
subdivision.
(Z) 5uch Consulting Engineer, or any
retained until the work provided
formally accepted by the Town.
STORM DRAINAGE
successor thereto, shall continue to be
for in this Agreement is completed and
(1) The Owner shall construct a complete storm :vater drainage ar.d manage-
ment system, includind storm connections to the street line and catch
basin leads to service all the lands in the plan of subdivision and to
provide capacity for lar.ds upstreacn of the plan of subdivision, accordir.g
to designs approved bv the Director of Public lVorks and according to the
specifications o2 the Town in effect at [he 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 be constructed to an outlet or outlets according to
designs approved by the Director of Public �9orks and shall be of suffi-
cient size and depth and at locations either within or outside the lands
affected hereby to service the plan of subdivision and the lands outside
the plan of subdivision, which in the opinion of the Director of Public
Worka, 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 plan of subdivi-
sion, the Owner may be required to carry out such works as are neces-
sary 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 coanection under subsection 4, above, shall be undertaken or au-
thoris�d prior to preliminary acceptance of the sewer system by the
Toaa, ezcept !1n an emergency.
11. ROADS - ROUGH GRADE
(1) Prior to the installation or construction of the municipal aervicea provided
for herein, the Owner shall rough grade to the Town's specifications to
the full width, the propoeed road allowancea shown on the plan of subdi-
vision.
(2) The Owner shall keep all boulevarda clear and free of materials and
obatructiona which might interfere with the installation of electric, tele-
phone, gas or other utilities.
12. ROADS - PAVED
(1) The Owner shall construct the roads shown on the plan of subdivision
according 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
both within and outside the plan of subdivision where construction has
taken place or that are used by construction traffic entering the plan of
subdivision and keep such roads clear of rrud, dust, refuse, rubbish or
other littec of all types.
(3) The Owner shall erect and maintain adequate signs to warn all persons
using the roads in the plan that the maintenance of them has not been
assumed by the Town from the time that they are opened until formal
assumption by the Town.
(4) Such signs and the location thereof are subject to the approval of the
Town's Director of Public Works.
13. CURBS & GUTTERS
(1) The Owner shall construct curbs and gutters on the roads to be con-
structed pursuant to section 12, according to the specifications of the
Town in effect at the date hereof and shall maintain them unti] they are
formally accepted b�• the Town.
(2) If any curb depressions are not located correctly with respect to a drive-
way, the Owner shall constriict a curb depression in the correct iocation
and fill in the ori�;inal curb depression according to the specifications.
14. SIDEIVALKS
(1) The Owner shall construct the following segments of sidewalk, in each
case within six months immediately following the occupancy of the first
dwelling uait to be occupied on any lot or block ad}'acent to that segment,
despite the provisions of section 1 of Schedule A:
(a) adjacent to Lots 2 to 8 on the south side of Regal Crescent;
(b) adjacent to Lots 9 to 16 on the south and west sides of Regal
Crescent and the south side of Darwin Drive;
(c) adjacent to Lots 36 to 41 on the north side of Darwin Drive;
(d) adjacent to Lots 42 to 48 on the north side of Darwin Drive; and
(e) adjacent to Lots 17 to 25 on the south side of Darwin Drive.
(2) Deapite the provisions of aubaection (2), where the occupancy of the first
dwelling unit occure in November or December of any year, the time limit
3
for coastruction of the adjacent sidewalk segroent shall be extended to
June 30 in the following year.
(3) The Owner shall maintain each sidewalk segment until it is formally ac-
cepted by the Town.
15. ELECTRICAL SERVICES
Where electricity, cable television service or telephone service ie to be provided
to any lot or block in the plan, it shall be provided underground and in accor-
dance with the standards and specifications of Pickering Hydro-Electric Commis-
aion, Pickering Cable T.V. Limited or Bell Canada, as the case may be.
16. STREET LIGHTING
(1) The Owner ehall install street lights, including poles and other necessary
appurtenances, on each proposed street in the plan.
(2) Electrica] 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.
(4) The installation of street ]ighting and its related services shall be under
the supervision and inspection of Pickering E{ydro-Electric Commission.
17. INSPECTIONS
(1) Prior to the registration of the plan, the Owner shall pay to the Town
the sum of $1,680 as an engineering drawing inspection fee.
(2) All works required to be constructed by the Owner, except those re-
ferred to in sections 15 and 16 shall be installed under the observation of
Inspectore 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 o€ Inspectors, testing fees and adminis-
tration fees.
18. LIASILITY INSURANCE
(1) Before commer.cing any of the work provided for herein, the Owner s4�a11
supply the Town .vith a Liability Insurance Pol?cy in form satisfactor}• to
the Town, naming the Town as an insured and indemnifying the Town
from any loss arieing from claims for damages, injury or otherwise in
connection with the work done by or on behalf of the Owner in the plan
of subdivision and elsewhere.
(2) The amount of the Policy shall be $5,000,000.
(3) In the event any renewal premium is not paid, the Town, in order to
prevent the lapse of such Liability Insurance Policy, may pay the renewal
premium or premiums and the Owner shall pay the coat of such renewal or
renewals within 30 days of the account therefor being rendered by the
Town.
(4) It shall be the responsibility of the Owner to notify the Town of the
dates for the renewal of the premium of the said policy and to supply
proof that the premium of the said policy has been paid in order that the
protection provided by the Liability Inaurance Policy ahall not lapee.
4
19. PERFORLaIANCE k MAINTENANCE GUARANTEE
(1) Bafora oommencing the conetruction, inatallation or performance of any of
the weriu provided fos herein, the Owner ahall supply the Town with a
60$ performance and maintenance security in a form satiafactory to the
Town and in an amount establiahed by the Director of Public Works (the
"original value") for the purpoae of,
(a)
(b)
(c)
guaranteeing the satisfactory construction, inatallation or perfor-
mance of the worka;
guaranteeing the payment of any amounta payable to the Town
under aection 17 of this Agreement;
guaranteeing the payment of any amount that the Town may be
required to pay under the proviaione of the Conetruction 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 Director of Public
Works.
(2) The Owner may, at any time after the first 50$, in value, of works have
been constructed, installed or performed, and paid for, apply for a
reduction in the security and such application shall be made to the Town
Treasurer.
(3) Upon written verification from the Director of Public Norks that the
construction, installation or performance of the works for which reduction
is being sought have been satisfactorily completed and paid for, the Town
tilanager may reduce the amount of the security to an amount not less
than,
(a)
(b)
and
sixty per cent (60$) of the original value where no certificate or
declaration of substantial performance has been made;
thirty-five per cent (35$) of the original value w here,
(i)
�11�
a certificate or declaration of substantial performance has
been published;
45 days following such publication have expired; and
(iii) all liens that may be claimed
required to be retained by the
have been satisfied, discharged
ment into court;
against any holdback
Town have e�cpired or
or provided for by pay-
(c) seventeen per cent (17$) of the original value where,
(i) a certificate oi 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 clauned againat any holdback
required to be retained by the Toan have expired or
have been satiefied, 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 6alance of the security shall be returned to the Owner
subject to any deductione for rectification of deficienciea.
5
(4) Upon the approval, if any, of a reduction in the amount of the security
requlred to be provided in aubsection 1, the Town Manager or the Town
Trea�ursr ehall provide to the Owner any necessasy asaurance to effect
the redssction.
20. 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 plan of aubdiviaion, with a Grading Control Plan prepared by the
Owner's Conaulting Engineer, establishing the propoaed grading of the
lands to provide for the proper drainage thereof and the drainage of all
ad}'acent lands which drain through the plan of subdiviaion.
(2) The Grading Control Plan shall be prepared in accordance aith the
Town'e Lot Drainage Specifications in effect at the date of thia Agree-
ment, 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 Toan, of suit-
able 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 Contro] Plan is subject to the approval of the Town's Direc-
tors of Public Works and Parks and Recreation.
(4) The grading of all lands shall be carried out by the Owner in accordance
with the approved Grading Control Plan, under the supervision of the
Owner's Consulting Engineer.
(5) If, in the opinion of the Director of Public �Vorks, drainage problerns
occur prior to formal acceptance of the works in the plan of subdivision
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 neces-
sary 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
residential lots and blocks except for paved, planted or treed areas,
within the six months immediately following the occupancy of the first
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.
21. INCORIPLETED OR FAC;LTY �VORK
(1) If, in the opinion of the Director of Public �Vorks, the Owner is not
prosecuting or cati=ing to be prosecuted the work in connection wi[h this
Agreement within the specified time, or in order that it may be completed
within the speciTied time, or is iroroperly 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 Norks 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 hia surety in writing of such default or neglect and if auch notifica-
tion be without effect within 10 clear days after auch 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 6e required for the proper completion of the said
work at the cost and expense of the Owner or his surety, or both.
(2) In casea 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.
6
(3) T-he co�t of euch work shall be calculated by the Director of Public Worka
whoN decision ahall be final.
(4) It i� tmderetood and agreed that such coats 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 caueed to the Town ae a reault of such default on the part
of the Owner, it being hereby declared and agreed that the asauming by
the Owner of the obligations impoaed by this paragraph is one of the
coneiderationa, without which the Town would not have executed this
Agreement.
22. DEDICATIONS
The Oaner ahall dedicate Darwin Drive and Regal Crescent as public highwaye
upon the regiatration of the plan.
23. TRANSFERS - CONVEYANCES
(1) The Owner shall convey to the Town, free and clear of all encumbrances
and at no cost to the Town, upon the registration of the plan or within
the 30 days immediately following the registration thereof, a11 of,
(a) Blocks 54 and 55 (Darwin Drive reserves);
(b) Block 56 (Rega] Crescent reserve).
(2) Notwithstanding the provisions of subsection (1), above, a 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.
24. TRANSFERS - EASEMENTS
(1) The Owner shall arrange at no cost to the Town for granting to the Town
such easementa as the Director of Public Works or his designate shall
deem necessary for the provision of storm water drainage and management
facil�tiee both within the boundaries of the plan of subdivision and across
landa adjatent thereto but outside its boundaries.
(2) Such easements shall be subject to the approval of the Director of Public
Works or his desi�nate as to their 1'ocation 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 O�vner, in
writing, from the Town and from the registered ou�ner of the lands across
which the easement shall lie.
25. GENERAL PROVISIONS - SER�'TCES
The Owner agrees with the Town:
(ai Paving of Driveway Approaches
To pave all driveway approaches between the curb and sidewalk or where
no sidewalk is to be constructed, between the curb and the lot line.
(b) Continuation of Existing Servicea
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.
7
(c) Pub�c Lsnds - Fill & Debris
(i) Naither to dump nor to permit to be dumped, any Hll or debrie
on, nor to remove or permit to be removed, any fill from any
public landa, other than in the actual conetruction of roade in the
plan of aubdiviaion without the written conaent of the authority
reaponaible for such lands.
(ii) On requeet, to aupply 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 ita lands
or any public lands.
(d) Construction Traffic
Wherever possible, to ensure that construction traffic serving the devel-
opment of this plan does not use roads, in this plan or adjacent plans,
having occupied residential units fronting thereon.
(e) (Zualitative or Quantitative Tests
The Director of Public Works may have qualitative or quantitative tests
made of any materials which have been or are proposed to be used in the
construction of any services required by this Agreement, and the cost of
such tests shall � be paid by the Owner within 30 days of the account
being rendered by the Town.
(f) Relocation of Services
(i) To pay the cost of relocating any existing services and utilities
caused by the subdivision work 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 Works, as to interfere
with the use of the driveway.
(g) SpeciHcations
Unlese 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, and, where appropriate, in accordance with the recommenda-
tion contained in the Environmental Assessment Study prepared by
Cosburn/Giberson Consultants Inc., dated May, 1988.
(h) Temporary Signs
To provide and erect at its own cost, to the specifications of the Town,
temporary signs of such nature and at such locations as may be designa-
ted by the Director of Public ��orks.
(i) Permanent Signs
To provide and erect at its own cost, to the specifications of the Town,
permanent signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
(j) Engineering Drawings
Prior to the final acceptance of the subdivision, to supply the Town with
the original drawings of the engineering worka for the plan of subdivi-
sion, with amendments, if any, noted thereon.
(k) Snow Plowing & Sanding of Roads
(i) If, in the opinion of the Director of Public Works, the condition
of the road surface is not acceptable for winter control, to snow
�
ploa and sand euch roads from auch occupied buildinge to exist-
in� Town :oada os to subdivision soada that receive the Town'a
wfnter _control aervice, including alternate meane of accesa where
availsble.
(ii) Such anow plowing and sanding shall be done from time to time
when the Director of Public Worke deeme conditions warrant and
until auch time ae the roads are acceptable to the Director of
PubHc Wozka for winter control.
(1) Survey Monuments 6 Markera
Prior to the acceptance of the subdiviaion by the Town, to supply a
statement by an Ontario Land Survcyor that, after the completion of the
subdiviaion work, he has found or re-eetabliahed all atandard iron bars
ae shown on the regiatered plan, and aurvey monuments at all block
cornera, the enda of all curves, other than corner roundings and all
pointa of change in direction of streets on the regiatered plan.
26. 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 in the subdivision shall be occupied
except upon the issuance of a municipal occupancy permit.
(3) lVo 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;
(iu) An asphalt base has been laid on the road immediately in front of
the building or part thereof and extended to an existing main-
tained public road; and
(iv) Such curbs, as in the opinion of the Director of Public Works,
are required to be complet6d prior to occupancy have been con-
structed on the said road and extend to an existing maintained
public 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.
27. 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 subdivision, which approval shall not be
unreasonably withheld.
(2) The report referred to in subsection (1) may be required, at the Direc-
tor'e oQtion, to provide the following information:
(a) house massing;
(b) streetscape;
(c) exterior materiala and colours;
(d) architectural style;
(e) viaual variety;
(f) energy con�ervation meaeures; and
(g) any other data or information required.
9
e
(3) The Oaner ahall, prior to the isauance of any building permit for the
conatructlon of a reaidential unit to be erected on the landa, submit to
the Dis�ctor, far approval, aite plana and architectural drawinga for that
unit. which appsoval shall not be unreasonably withheld.
(4) The plane and drawinga referred to in subeection (3) may be required, at
the Director's option, to provide the following information:
(a) the location of all buildinge and atructures to be erected and the
location of al] facilitlea and works asaociated thereavith;
(b) the location of landacaping featu:es, including trees to be pre-
aerved;
(c) streetacape for front and rear elevation at a acale acceptable to
the Director;
(d) streetscape to show all street furniture and vegetation;
(e) the relationship of buildings by hlocks; and
(f1 any other data or information required.
28. FINANCIAL PAYMEI3TS •
(1) The Owner shall pay to the Town a unit levy in the amount of,
(a) $2,875 per unit if paid in 1989; or
(b) $3,050 per unit if paid in 1990 �
for each dwelling unit to be erected in the Plan.
(2) 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) In any event, the Owner shall pay all levies payable under the provisions
of this section in full no later than 18 months from the date of registra-
tion of the plan.
(4) 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.
29. FINANCIAL SECURITY
The Owner shall, immediately prior to the registration of the plan, deposit with
the Town, a security payable to the Town, in a form satisfactory to the Town,
for the sum of $146,4G0 as security for the payments referred to in section ZS
hereof.
30. GENERAL PROVISIONS - FI[JANCIAL 61ATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on ail the lands included in the plan of subdivi-
sion, as required by law from time to time.
(b) Interest
To pay interest at the rate of eighteen per cent (188) per annum to the
Town on all sums of money payahle herein which are not paid on the due
dates calculated from such due dates.
(c) Registration Fees
To pay all regietration coats incurred by the Town relating in any way to
the regietration of the plan of subdiviaion or any other related documen-
tation, including transfers, in the Land Titles Office.
10
31
32
33
34
(d) Lisn or Other Claime
Upon spplying for final acceptance of the eubdiviaion, to aupply the Toan
with s Statutory Declaration that all accounta for work and materials have
been paid, except normal guarantee holdbacka, and there are no claime
for liena or otherwiee in connecLion with euch work done or material
supplied for or on behalf of the Owner in connection aith the subdivi-
eion, or if such claime do exiat, the Owner ahall indemnify the Town
againet all claims, actiona or demanda for liena or otherwiee and all coeta
in connection therewith.
EXPIRY OF SECURITIES
(1) Should any aecurity required to be given under the terme of this Agree-
ment expire during the currency of the Agreement, the Owner ahall
provide to the Town at least 30 daya in advance of the expiry date of
that security, a further security to take effect upon the expiry.
(21
(3)
Such further security shall 6e to the satisfaction of the Town.
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.
PROVISION OF PARKLAND
Prior to the registration of the plan, the Owner shall pay to the Town the sum
of $88,200 in cash or by certified cheque, which sum the Town shall accept in
full satisfaction of the Owner's obligation to provide parkland.
TREE PLANTING
(1)
(2)
(3)
The Owner shall plant on road allowances within or adjacent to the plan,
48 trees of a size and type acceptable to the Town.
A schedule of the Owner's tree planting scheme shall be approved by the
DireEtor of Planning prior to the planring of any trees.
The treea approved by the Town shall be planted by the Owner when the
boulevard into which they are to be planted is sodded.
(4) If the density is
shall pay to the
tree planting in a
is located.
TREE PRESERVATION
too great to enable 48 trees to be planted, the Owner
Town $100 for every tree which cannot be planted for
public land area �vithin the community in which the plan
(1) The Owner shall 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 ehall
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
landa in the plan, including the removal of any treea.
(5) In the event that any tree required to be preserved by the approved
Tree Preeervation Program is removed or is, in the opinion of the Town'e
11
Dtrectas of Parks and Recreation, damaged to auch an extent that ite
vslv� ae longevity ie decreased or is likely to be decreased, then the
Own� �hall replace that tree with a tree of a height, diameter and spe-
cie� �Rrrmined by the Director; auch replacement shall be at no coat to
the Toan.
(6) The Owner'e liability under aubaection (5) ahall continue until,
(a) where the landa upon which the tree is located coroprise a res-
idential building lot or block, twelve months after the completion
of the sodding on the lot or block, or
(b) where the landa upon which the tree is located compriae landa
other than a residential building lot, the expiry of the guarantee
period referred to in section 1 of Schedule A of thia Agreement.
IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seala
attested ta by the handa of their authorized officers.
SIGNED, SEALED & DELIVERED
COUGS INVESTMENTS LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
ayne Art urs, Mayor
ruee ay or, er
ENCUMBRANCER - JACK FRANK SHIELDS
This Agreement shall have priority over and take precedence over all of the rights or
interest of Jack Frank Shields, a•hether or not any such right or interest was estab-
lished or arose prior to the date hereof and whether or not such right of interest is
set out in or arises 6y virtue of any instrument or document registered on title to
the lands affected hereby, or any part of them, prior to the registration of this
Agreement.
Dated at
, this day of
SIGPIED, SEALED & DELIVERED
In the presence of
ac ran e s
, 12
, 1988.
SCHEDULE A
1. TIAIE LIYI'�JA a/0RK k GUARANTEE FOR WORKMANSHIP 6 MATERIALS
(I) In this section, "preaervieing" means the undertaking, prior to the
registration of this plan of aubdiviaioa, of any works or aervices required
to be undertaken bq the provisions of thia Agreement, on the Lande or
on anq Iands adjacent thereto, and "preservice" hae a correeponding
meaning.
(2) The Qwner may undertake preaervicing limited to earthworke (including
preliminary grading, eoil coovemeat and storage) only with Lhe prlor
written approvai of the Town which may be issued by the Town'e Legal
Servicea Department only after the Owner haa,
(a)
{b)
executed thia Agreement;
supplied a satisfactory ]iability inauxance policy pursuant to
section 18;
(c) provided a Grading Control Plan submission pursuant to section
20 which has been approved, subject only to the provision of
corrected drawings, by the authorities referred to in section
20(3); and
(d) submitted a Tree Preservation Program pursuant to section 34
which has been approved by the authority referred to in section
34(2).
(3) The Owner may preservice this project only with the prior written ap-
proval of the Town which may be issued by the Town's Legal Services
Department only after the O wner has,
(4)
(a)
(b)
(c?
executed this Agreement;
supplied a satisfactory liability insurance policy pursuant to
section 18;
supplied a satiafactory performance and maintenance security
pureuant to section 19;
(d) provided a Grading
2Q which has 6een
corrected drawings,
2�(3); and
Control Plan submission pursuant to section
approved, subject only to the provision of
hy tlie authorities referred to in section
(e) submitted a Tree Preservation Program pursuant to section 34
which has been approved by the authority referred to in sub-
section 34(Z).
Despite the provisions of subsections (2) and (3), preservicing ]imited to.
(a)
(b)
(c)
(d)
(e)
(f)
ig)
making soil quality and compaction tests,
surveying the boundaries of the Lands and of proposed lots,
blocks and roads thereon,
marking exiating and proposed grade elevationa,
teata and examinatione of the Landa neeeasary for the preparation
of required pre-development studiea,
compliance with an approved Tree Preservation Program;
lawful erection of permitted signa, or
any combination thereof,
ahall not require the prior writtnn approval of the Town,
A-1
5
(5) The Owner shall complete all works, services and requirements under this
Agreement,
(a) within one year of the date of registration of the plan of subdivi-
sion if preservicing (except pre-servicing limited to that de-
scribed in subsections (2) or (4), or both) has occurred with or
without the Town's approval, or
(b) within two years of that date if no pxeservicing (except
pre-servicing limited to that described in subsections (2) or (4),
or both) has occurred.
(6) 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. TEMPORARY TURNING CIRCLES
(1) Notwithstanding the provisions of sections 11, 12 and 13 of this Agree-
ment, the Owner shall construct, at its sole expense and to the Town's
specifications, a temporary turning circle on,
(a) Darwin Drive. immediately west of Block 54; and
(b) Darwin Drive, immediately east of Block 55.
(2) The Owner shall remove, at its sole expense and to the Town's specifica-
tions, any temporary turning circle located immediately adjacent to the
plan on a public highway to be extended by the Owner into the plan, and
shall replace any such circle with permanent services as if the highway
were a road in the plan.
(3) As the temporary turning circles referred to in subsection (1) will be
required only if the sequence of construction in this plan and adjacent
plans warrants it, the Director of Public Works may waive the con-
struction of either or both those turning circles, at his sole discretion, if
that sequence does not warrant it.
3. DEMOLITION OF EXISTING BUILDINGS
All buildings and structures on the lands comprising the plan of subdivision
shall be demolished by the Owner, at its sole expense, prior to the issuance of
any building permit.
4. RESERVED FUTURE DEVELOPMENT BLOCKS - BLOCKS 49-53
(1) Blocks 49 to 53 shal] be reserved for future residential development; such
development shall not commence without the prior written approval of the
Town which may be subject to conditions.
(2) Until such time as Blocks 49 to 53 are developed in accordance herewith,
the Owner shall maintain them in a clean and orderly condition to the
satisfaction of the Town.
DWELLING UNIT COUNT
(i) In the event that more than 48 units (1 each on Lots 1 to 48) are to be
constructed in this Plan pursuant to this Agreement, an amendment to
this Agreement shall be required.
A-2
(2) In t�s �vent that leea than 48 units (ae deecribed in subeection (1)) are
to b� eoastructed in this Plan gurauant to this Agreemnnt,
(a) the amounts payable to the Town purauant to aections 17(1) and
32, and
(b) the amount of the aecuHty to be provided to the Toan pureuant
to aection 29,
ahall be pro-rated accordingly by the Town a+ithout an amendment to thia
Agreement.
6. PROVISION FOR TEMPORARY PUBLIC ACCESS - LOT 1� BLOCKS 49 6 58
(1) The Owner shall, at its expense, prepare, obtain the approval of the
Town's Director of Public Works to, and regiater a reference plan over
Lot 1 and Block 49 which reference plan shall have sufficient parta to
show,
(a) a 0.6 metre wide part along the west boundary of Lot 1;
(b) a 0.6 metre wide part along the east boundary of Block 49;
(c) a part comprising the balance of Lot 1; and
(d) a part comprising the balance of Block 49;
all of which shall extend from Regal Crescent to Blocks 57, 58 and 59.
(2) The Owner shall convey to the Town, free and clear of all encumbrances,
at no cost to the Town, upon the registration of the reference plan
referred to in subsection (1), B3ock 58 and the parts described in clauses
(c) and (d), above (herein called the "temporary access road"? in order
to provide for vehicular and pedestrian access between Regal Crescent
and Finch Avenue.
(3) The Owner ehall construct a public road access and install street lighting
to the Town's satisfaction on the temporary access road as if it were a
street on the plan of subdivision and the provisions of sections 8, 9, 10,
11, 1Z, 13, 16, 1� and 19 and section 1 of Schedule "A" shall apply
mutatia mutandis.
(4) Upon the completion of the construction and installation referred to in
subsection (3), above, the Town may dedicate the temporary access road
as public highway, subject to the approval of the Regional hfunicipality of
Durham and the �linister of Municipal Affairs.
(5) In the event that an alternate public highway access to Regal Grescent
and Darwin Drive becomes available, the Town shall close as public high-
way the lands dedicated by it pursuant to subsection (4), above, and
convey same to che then abutting owners in accordance with the lfunicipal
Act.
7. DELAYED DEVELOPMENT - LOT 1
Despite any other provisions of this Agreement, the Owner shall not apply for,
or take any action to complete the issuance of, a building permit for the con-
struction of any building on Lot 1 until the temporary road to be eatabliahed
thereon ia c3oaed and all of the lands compriaing Lot 1 are undez one owner-
ship.
8. COSTS OF ADJACENT SERVICES
Prior to the registration of thia Agreement, the Owner shall pay to the Town
ihe sum of $9,237 in satiafaction of the Owner's obligation to 3nata1l or provide
sidewalks and atreet light upgrading in ar on Finch Avenue adjacent to the
Plan.
. A-3
SCHEDULE B
1. SPECIAL P�QVISIONiS REQUIRED BY THE REGIOI3AL MUNICIPALITY OF
DURHAM
The aectione set out in thia Schedule repreeent proviaions not affecting the
Town but required to be inserted in thia Agreement by the conditiona of draft
appsoval (hereinafter referred to aa the "Approval"), dated October 4, 1988, of
Draft Plan 18T-67093 by the Commisaioner of Planning of the Regional MuniMpal-
ity of Durham.
2. METROPOLITAN TORONTO e� REGION CONSERVATION AUTHORITY
("M.T.R.C.A.")
M.T.R.C.A. requires that,
(a) the Owner carry out, or cauae to be carried out, to the
satisfaction of M.T.R.C.A., the recommendationa refened to in
the report as required in Condition 13 of the Approval and apply
for all necessary permits, and
(b) the O wner not place fill, grade, construct any buildings or struc-
tures without prior written approval being given by M.T.R.C.A.
3. MINISTRY OF NATURAL RESOURCES ("M.N.R.")
M.N.R. requires that,
(a) the O wner carry out or cause to be carried out, to the
satisfaction of M.N.R., the recommendations referred to in the
report as required in Condition 14 of the Approval, and
(b) the Owner maintain all stormwater management and erosion and
sedimentation control structure (sic) operating and in good repair
during the construction period, in a manner satisfactory to the
M.N.R. and advise M.N.R. 48 hours prior to commencement of
grading or the initiation of any on-site works.
8-1