HomeMy WebLinkAboutBy-law 2925/88 THE CORPORATION OF THE TOWN OF PICKERING
,,.
BY-LAW NO. 292~88
Being a by-law to authorize the execution of a
Subdivision Agreement respecting the development
of Part Lot I8, Concession 1, Picketing (Draft
Plan lgT-BT003; J.D.S. Investments Limited !
J. Israeli (Brock) Limited).
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 18,
Concession 1, Picketing, has been approved by the Council of The Corporation of the
Town of Picketing 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 Picketing HEREBY
ENACTS AS FOLLOWS:
t. 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
that part of Lot 18, Concession 1, Picketing, included in Draft Plan 18T-8700B
(J.D.S. Investments Limited/J. Israeli (Brock) Limited).
BY-LAW read a first, second and third time and finally passed this 17th day of
October, 1988.
/ J6h~n 'E. Andersdtt~ Ma~h~r-
Bruce Tay~6r,/Clerk
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2925/88
Being a by-law to authorize the execution of a
Subdivision Agreement respecting the development
of Part Lot 18, Concession 1, Picketing (Draft
Plan 18T-87003; J.D.S. Investments Limited /
J. Israeli (Brock) Limited).
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 18,
Concession 1, Picketing, has been approved by the Council of The Corporation of the
Town of Picketing 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 Picketing;
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
that part of Lot 18, Concession 1, Pickering, included in Draft Plan I8T-87003
(J.D.S. Investments Limited/J. Israeli (Brock) Limited).
BY-LAW read a first, second and third time and finally passed this 17th day of
October, 1988.
Bruce Tayr6r, /Clerk
Schedule A
THIS AGREEMENT made this 17th day of October, 1988
BETWEEN :
J.D.S. INVESTMENTS LIMITED
and
J. ISRAELI (BROCK) LIMITED
hereinafter collectively called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS, the Owner proposes to subdivide part of Lot 18, 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-87003, as revised;
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. LAND AFFECTED
The lands affected by this Agreement (the "Lands") are Lots 1 to 6, both
inclusive, and Blocks 7 to 10, both inclusive, Plan 40M- , Picketing.
2. CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before June 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
respectively, and the number of the verb agreeing therewith shall be
construed accordingly.
(2) Schedules A and B attached hereto shall form part of this Agreement.
5. TIME
Time shall be of the essence of this Agreement.
6. 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.
7. 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.
8. OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good workmanlike man-
ner, for the Town, all 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.
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
generally the work required to be done for the development of the plan of
sub division.
(2) Such Consulting Engineer, or any successor thereto, shall continue to be
retained until the work provided for in this Agreement is completed and
formally accepted by the Town.
10. STORM DRAINAGE
(1) The Owner shall construct a complete storm water drainage and manage-
ment system, including storm connections to the street line and catch
basin leads to service ail the lands in the plan of subdivision and to
provide capacity for lands upstream of the plan of subdivision, according
to designs approved by the Director of Public Works and according to the
specifications of the Town in effect at the date hereof and 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 Works 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 Dian of subdivision, which in the or~inion of thc Director of Public
(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.
11. ROADS - ROUGH GRADE
(1) Prior to the installation or construction of the municipal services provided
for herein, the Owner shall rough grade to the Town's specifications to
the full width, the proposed road allowance shown on the plan of subdivi-
sion.
(2) The Owner shall keep all boulevards clear and free of materials and
obstructions which might interfere with the installation of electric, tele-
phone, gas or other utilities.
12. ROADS - PAVED
(1) The Owner shall construct the road 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 mud, dust, refuse, rubbish or
other litter of all types.
(3) The Owner shall erect and maintain adequate signs to warn all persons
using the road in the plan that the maintenance of it has not been
assumed by the Town from the time that it is opened until formal
assumption by the Town.
(4) Such signs and the location thereof are subject to the approval of the
Town's Director of Pub]ic Works.
CURBS & GUTTERS
(1) The Owner shall construct curbs and gutters on the road 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 until they are
formally accepted by the Town.
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.
14. SIDEWALKS
(1) The Owner shall construct the following segment of sidewalk in accordance
with the time limits set out in section 1 of Schedule A:
(a) along the en~tire west and south sides of Bainbridge Drive; and
(b) along the east side of Bainbridge Drive adjacent to B]ock 10.
(2) The Owner shall construct the following segments of sidewalk, in each
(d) adjacent to Block 9 on the east side of Bainbridge Drive.
(3) Despite the provisions of subsection (2), 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 segment shall be extended to
3une 30 in the following year.
(4) 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 is 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 Picketing Hydro-Electric Commis-
sion, Pickering Cable T.V. Limited or Bell Canada, as the case may be.
16. STREET LIGHTING
(1) The Owner shall install street lights, including po]es and other necessary
appurtenances, on the proposed street in the plan.
(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
inst~Iled 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 lighting and its related services shall be under
the supervision and inspection of Picketing Hydro-Electric Commission,
17. INSPECTIONS
(1) Prior to the registration of the plan, the Owner shall pay to the Town
the sum of $910 as an engineering drawing inspection fee.
(2) Ail works required to be constructed by the Owner, except' those re-
ferred to in sections 15 and I6 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.
18. 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 in the plan
19. PERFORMANCE & MAINTENANCE GUARANTEE
(1) Before commencing the construction, installation or performance of any of
the works provided for herein, the Owner shall supply the Town with a
60% 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 17 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 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 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) 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 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 pay-
ment into court l
and
(c) seventeen per cent (17%) of the original value where,
(i) a certificate of final completion has been made by the
Own.er's Consulting Engineer;
(ii) 45 days following the making of such certificate have
expired; and
(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.
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 subdivision, with a Grading Control Plan prepared by the
Owner's Consulting Engineer, establishing the proposed grading of the
lands to provide for the proper drainage thereof and the drainage ~ of ail
adjacent lands which drain through the plan of subdivision.
(2) The Grading Control Plan shall be prepared in accordance with the
Town's Lot Drainage Specifications in effect at the date of this 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 Town, 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 Control Plan is subject to the approval of the Town's Direc-
tors of Public Works and Parks and Recreation.
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 Works, drainage problems
occur prior to formal acceptance of the works in the plan of subdivision
hy 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. INCOMPLETED OR FAULTY WORK
(1) If, in the opinion of the Director of Public %Vorks, 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
(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.
22. DEDICATIONS
The Owner shall dedicate Bainbridge Drive as public highway upon the
registration 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, all of,
(a) Blocks 13 and 14 (Bainbridge Drive reserves).
(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 easements as the Director of Public Works or his designate $hall
deem necessary for the provision of storm water drainage and management
facilities both within the boundaries of the plan of subdivision and across
lands adjacent thereto but outside its boundaries.
(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.
25. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Drive.way. Approaches
To pave all, driveway approaches between the curb and sidewalk.
public lands, other than in the actual construction of roads in the
plan of subdivision 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) 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) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or quantitative tests
made of any materials which have been or are proposed to be used in the
construction of any services required by this Agreement, and the cost of
such tests shall be paid by the Owner within 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) 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.
(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 Works.
(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 Drawing
Prior to the final acceptance of the subdivision, to supply the Town with
the original drawings of the engineering works for the plan of subdivi-
(ii) Such snow plowing and sanding shall be done from time to time
when the Director of Public Works deems conditions warrant and
until such time as the roads are acceptable to the Director of
Public Works for winter control.
(1) Survey Monuments & Markers
Prior ~o the acceptance of the subdivision by the Town, to supply a
statement by an Ontario Land Surveyor that, after the completion of the
subdivision work, he has found or re-established ali standard iron bars
as shown on the registered plan, and survey monuments at all block
corners, the ends of all curves, other than corner roundings and all
points of change in direction of streets on the registered 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) 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 asphaIt 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 completed 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's option, to provide the following information:
(a) house massing;
(b) street scape;
(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.
28. FINANCIAL PAYMENTS
(1) The Owner shall pay to the Town a unit levy in the amount of,
(a) $2,750 per unit if paid in 1988;
(b) $2,875 per unit if paid in 1989; or
(c) $3,050 per unit if paid in 1990 or later.
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 $79,300 as security for the payments referred to in section 28
hereof.
30. GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands included in the plan of subdivi-
sion, as required by law from time to time.
(b) Local Improvements';
Prior to the registration of the plan, to prepay any outstanding local
improvement charges which are levied against any of the lands in the
plan.
(d) Registration Fees
To pay all registration costs incurred l~y the Town relating in any way to
the registration of the plan of subdivision or any other related documen-
tation, including transfers, in the Land Titles Office.
(e) Lien or Other Claims
Upon applying for final acceptance of the subdivision, to supply the Town
with a Statutory Declaration that all accounts for work and materials have
been paid, except normal guarantee holdbacks, and there are no claims
for liens or otherwise in connection with such work done or material
supplied for or on behalf of the Owner in connection with the subdivi-
sion, 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.
31, 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 riglxt to convert the expiring se6urity into cash and hold
the cash in lieu of and for the same purposes as any further security.
32. PROVISION OF PARKLAND
Prior to the registration of the plan, the Owner shall pay to the Town the sum
of $47,775 in cash or by certified cheque, which sum the Town shall accept in
full satisfaction of the Owner's obligation to provide parkland.
33. TREE PLANTING
(1) The Owner shall plant on road allowances within or adjacent to the plan,
26 trees of a size and type acceptable to the Town.
(2) A schedule o~ the Owner's tree planting scheme shall be approved by the
Director of Planning prior to the'planting of any trees.
(3) The. trees 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 too great to enable 26 trees to be planted, the Owner
shall pay to the Town $I00 for every tree which cannot be planted for
tree planting in a public land area within the community in which the plan
is located.
34. TREE PRESERVATION
(1) The Owner shall retain, at its own expense, a qualified expert to prepare
(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 in the plan, 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 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 expiry of the guarantee
period referred to in section I of Schedule A of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals
attested to by the hands of their authorized officers.
SIGNED, SEALED & DELIVERED
J.D.S. INVESTMENTS LIMITED
ISRAELI (BROCK) LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
John E. Anderson, M-~yor
Bruce Taylor, '~lerk
ENCUMBRANCER - CITIBANK CANADA
This Agreement shall have priority over and take precedence over all of the rights or
interests of Citibank Canada, whether or not any such right or interest was
established or arose prior to the date hereof and whether or not such right or
interest is set out in or arises by virtue of any instrument or document registered on
title to the lands affected hereby, or any part of them, prior to the registration of
this Agreement.
Dated at , , 1988.
SIGNED, SEALED & DELIVERED
CITIBANK CANADA
SCHEDULE A
1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
(1) In this section, "preservicing" means the undertaking, prior to the
registration of this plan of subdivision, 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 undertake preservicing limited to earthworks (including
preliminary grading, soil movement and storage) only with the prior
written approval of the Town which may be issued by the Town's Legal
Services Department only after the Owner has,
(a) executed this Agreemen. t;
(b) supplied a satisfactory liability insurance 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 Owner has,
(a) executed this Agreement;
(b) supplied a satisfactory liability insurance policy pursuant to
section 18;
(c) supplied a satisfactory performance and maintenance security
pursuant to section 191
(d) 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
(e) submitted a Tree Preservation Program pursuant to section 34
which has been approved by the authority referred to in sub-
section 34(2).
(4) Despite the provisions of subsections (2) and (3), preservicing limited to,
(a) making soil quality and compaction tests,
(b) surveying t.he boundaries of the Lands and of proposed lots,
blocks and roads thereon,
(c) marking existing and proposed grade elevations,
id) tests and examinations of the Lands necessarv for the ~re~aration
(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 preservicing (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 CIRCLE REMOVAL
The Owner shall remove, at its sole expense and to the Town's specifications,
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.
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 BLOCK - BLOCK 10
(I) Block 10 shall be reserved for future 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 Block 10 is developed in accordance herewith, the
Owner shall maintain it in a clean and orderly condition to the satisfaction
of the Town.
5. DWELLING 'UNIT COUNT
(1) In the event that more than 26 units (one each on Lots 1 to 4, two each
on Lots 5 and 6, and six each on Blocks 7, 8 and 9, are to be
constructed in this plan pursuant to this Agreement, an amendment to
this Agreement shall be required.
(2) In the event that le'ss than 26 units (as described in subsection (1)) are
to be constructed in this plan pursuant to this Agreement,
KINGSTON ROAD (HIGHWAY 2) IMPROVEMENTS
(1) In the development of the plan, the Owner shall improve Kingston Road
adjacent to the plan as if that portion of Kingston Road were within the
plan.
(2) In subsection (1), the term "improve" includes,
(a) construction and installation of storm sewers and related
appurtenances;
(b) construction and installation of curbs and gutters;
(c) construction and installation of sidewalk;
(d) construction, grading and sodding of the boulevard; and
(e) upgrading existing street lighting,
on the south side of Kingston Road adjacent to the plan.
(3) All works constructed or installed pursuant to this section shall be
subject to the approval of the Town's Director of Public Works and the
Ministry of Tranportation.
SCHEDULE B
1. 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 (hereinafter referred to as the "Approval"), dated October 2, 1987, as
amended November 12, 1987 and December 16, 1987 of Draft Plan 18T-87003
(Revised) by the Commissioner of Planning of the Regional Municipality of
Durham and these sections are not intended to bind the Owner to the Town nor
the Town to the Owner in any manner whatsoever and are not to be construed
as relating in any way to any of the other provisions of this Agreement,
2. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY
(,M.T.R.C.A. ,,)
The Owner shall,
(a) obtain a permit for the works described in Condition 14(c) of the
Approval, and
(b) submit individual lot, site and grading plans to M.T.R.C.A. for its
review and approval for Lots 1 to 6 and Blocks 7 to I0 inclusive. These
plans shall be submitted prior to the issuance of building permits by the
Town.
3, MINISTRY OF THE NATURAL RESOURCES ("M.N.R.")
The Owner shall,
(a) implement the recommendations in the reports required in Condition 15 of
the Approval,
(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) advise M.N.R. of the commencement date for grading prior to the
initiation of any on site works.
4. MINISTRY OF THE ENVIRONMENT ("M.O.E.')
(1) Prior to the development of Block 10, the owner shall submit to M.O.E.
for review and approval a noise study recommending the necessary noise
attenuation measures and the owner shall implement the recommended
measures.
(Z) The owner shall insert the following clause in the subsequent (sic) offers
to purchase and sale of Block 10:
"Purchasers are advised that despite the inclusion of noise control
features within the 'development area and within the individual building
units, noise levels may continue to be of concern, occasionally interfering
with some activities of the dwelling occupants."
SCHEDULE C
1. FUTURE CONTRIBUTIONS TO OVERSIZING COSTS
(1) In the event that the storm water drainage and management system
required by the Town to be constructed by the Owner pursuant to the
provisions of section 10 of this Agreement is to be of a larger capacity,
in whole or in part, than necessary to service all the lands in the plan of
subdivision, then the provisions of this section shah apply.
(2) Within 60 days of the verification by the Town's Director of Public Works,
of the satisfactory completion of the storm water drainage system, or any
part thereof, as the case may be, as provided for in section 19(3) of this
Agreement, the Owner's Consulting Engineer shall provide to the Town,
in a form satisfactory to the Town,
(a) a detailed summary of the Owner's actual cost of the design and
construction of the required storm water drainage and management
system, excluding lateral connections but including the costs of
acquisition of lands outside the plan; and
(b) a detailed estimate of the Owner's probable cost thereof had the
system been required by the Town to service only the lands in
the plan.
(~) Within ~0 days of the receipt by the Town of the summary and estimate
referred to in subsection (2), in a form satisfactory to the Town, the
Town Manager shall determine and notify the Owner in writing of the
following:
(a) the area of the lands outside the plan of subdivision, if any, that
the storm water drainage and management system shall be deemed
to service for the purposes of this section (the "external lands");
(b) the portion of the Owner's actual cost, referred to in subsection
(2), that the Town shall deem to be applicable to the external
lands for the purposes of this section (the "oversizing cost");
and
(c) the amount of the oversizing cost that the Town shall deem to be
applicable to each hectare of the external lands (the "per hectare
oversizing cost"),
and that determination shall be final.
(4) In the event that the external lands, or any part thereof, are to be
developed by plan of subdivision, plan of condominium or any other
method requiring a development agreement, then the Town shall endeav-
our to ensure that the owner thereof pays to the Owner herein, prior to
the development of those lands, all or an appropriate portion of the
oversizing cost,
(a) calculated according to the gross area immediately prior to devel-
opment of the external lands to be developed and the per hectare
oversizing cost, and
(b) adjusted annually, for a maximum of five years from the date of
the notification referred to in subsection (3), above, according to
the Southam Construction Cost Index for Ontario, composite
portion.
the Town, its officers and employees and their respective heirs, execu-
tors, administrators, successors and assigns, of and from all actions,
causes of action, accounts, claims, debts, .damages, demands, and costs
associated therewith, arising, to arise or which may hereafter be brought
against them, or any of them, by or on behalf of the Owner, or any
other person, because of the provisions of this section or any error,
omission, failure or negligence in the application thereof.
Resolution #90/87
Roved by Councillor Robertson
Seconded by Councillor Stoner
That Town Counct1 recommend to Regional Council that Draft Plan
of Subdivision 18T-87003 submitted by 610823 Ontarto Ltmlted and
566626 Ontario Limited on lands being Part of Lot 18, Concession
1, be APPROVED AS REVISED subject to the following conditions
and revisions:
1. That this recommendation apply to the plan prepared by
Malone Given Parsons Ltd., dated Oanuary 2, 1987, job
number 86:013, as revised in red and bearing the
Town's recommendation stamp.
2. That the owners make satisfactory arrangements with
the Town regarding the required parkland dedication.
3. That the owners enter into a subdivision agreement
with and to the satisfaction of the Town.
4. That the owners make satisfactory arrangements
regarding the provision of all services required by
the Town.
5. That the owners agree to dedicate all road allowances
with proper corner roundings and sight triangles to
the Town.
6. That the owners agree to convey to the Town:
(a) 0.3 metre reserve at the temporary terminus
of Street A shown as Block 12 on the
recommended plan
(b) alny other easements as required
7. That the owners make satisfactory arrangements
with the appropriate authorities regarding the
provision of underground wiring, street lighting,
cable television and other similar services.
8. That the street within the Draft Plan be named
Bainbridge Drive.
9. That the owners submit for approval by the Town,
site plans and streetscape elevations showing the
location and relationship of all buildings prior
to the issuance of any building permits.
16/87
83
Resolution #90/87 - (continued)
10. That the architectural statement required by the
subdivision agreement shall address the details
of garage location and housing attachment.
ll. That Block l0 of the recommended plan be
maintained to the satisfaction of the Town until
such time as it is developed.
12. That prior to final registration of this plan,
the owner:
(al submit a Draft 40M-Plan to be approved by
the Town Planning Department;
{b) submit a detailed tree preservation and tree
planting programme to the satisfaction of
the Town and agree that no trees be removed
until such time as this programme has been
approved by the Town, except as authorized
by the Director of Parks and Recreation;
(c) satisfy the Director of Public Works
regarding Simcoe Engineering's comments
respecting stormwater management facilities
and to undertake and guarantee the
construction of any work necessary as
determined by the Director of Public Works
to provide the appropriate permanent storm
sewer connections.
13. In accordance with Town policy, the owner provide
for the upgrading of the Highway No. 2 (Kingston
Road) frontage to full urban standards to the
satisfaction of the Director of Public Works.
14. That the owner construct a 1.8 metre high chain
link fence, to specifications satisfactory to the
Town of Pickering, along the eastern boundary of
the recommended plan adjacent to Lots 1 to 6
inclusive and Block 7 to g inclusive.
Please Quote Ref No. 1515
j 0ctobet 2, 1987
DURHAM
Planntng Director
r~. ,,~o..J Town of Picketing OCT
Mu,~,a,~ 1305 Pickering Pkwy.
~ o...~ P ~ ckerI ng. Onto rjo ~OWN OF ,IC~E~IN~
WhR~, Oflt~r~
(~6~??a~ Re: Proposed Plan of Subdivision
oa, ~. ~. u~c,A~c ~.c. kp. Region of Durham Ft 1e:lBT-87003 SOLfC~TOR
co~.to~.,~p~...,.o ~ner: 610823 Ontario Limlted
TO~V;i OF PIC~ERIN~
Municipal 1 ty~ . ,Town of Pick?trig ~ .......
The above draft plan of subdivision was approv~ today subject to
the conditions attached herewith. A copy of the draft ~prov~
plan bearing the approval' signature ts also attached for your
record.
Please inform us when the applicant has ~t t~se conditions
pertaining to the requirements of your municipality. It s~uld
noted that we require a brief but complete stat~nt indicating
~w each of the conditions, with which your ~uniclpa)ity ts
concerned, has been satisfi~.
Your letteP of clearance s~uld be addressed to the undersign~
with ~py sent to the Clerk of the Regional Municipality of Durham
at 605 ~ossland Road East, P.O. ~x 623, Whitby, Ontario, LIN
6A3.
Yours very truly,
Frankltfl Wu, Manager
Current Operations Branch.
: SEE2/J h
Encls.~nditions of Approval
Draft Approved Plan
~ent to letter daC.. October 2, 1987
qr. I~. Mlchael, Commissioner of Planning'
610823 Ontario Limited and 5666Z6 Ontario Znc.
Plan of Subdivision ~8T-87003
Town of Ptckertng
CONDITIONS OF ~PROV~ OF F~L PL~ FOR RE~STRATION
SUBDZV~S[ON ~E ~ FOLLOWS:
~at thls approval applies to dr~ft p]an of su~v~s~on 18T-87003, pr~ar~
by ~lone Gtven P~rsons Ltd. ldentlft~ as
1987 ~tch ~s revised tn ~ as ~r attached plan sho~ng 4 *lots for slngle
detached d~elllngs. 2 lots for smJ-detached ~e~]tngs. 3 bi~Rs for
stree~ to.houses and 1 block for futu~ develo~ent.
T
hat the road allowances ~nc~uded ~n th;s draft p]an shall be
d~lcated as pub]tc
~ road In thls draft plan
That
lncluded
fl~ed to the sa~lsflctton of Che Region of ~rhm a~ ~he T~n of
Picketing,
~ That a 0.3 metre reserve(s) as shown as Block 12 shall be convey~ to the
the Town of Picketing,
owner agrees road allowances with proper corner
That
the
to
dedicate
roundings and sight trl~gles to the Town,
' That the o~er shall upgrade Highway No. 2 across the frontage of the
subject property to full urban standards,
That the owner shall construct a 1,8 metre h~gh chain link fence to the
specifications of the Town, along the eastern boundary of the plan adjacent
~o Lots I to 6 inclusive and Blocks 7 to 9 inclusive.
8. 0,3; reserve as shown as 11 alon~ the entire No, 2
Highway
That
Block
frontage of the prope~y be conveyed by deed
Transportatl on and C~ntcations.
~ 9. That prior to final approval, the o~er shall su~it for approval by the
Mlnsttry of Transportation and C~untcsclons a drainage plan showing the
intended trea~ent of the calculated runoff.
That the owner shall convey land tO the
public recreational purposes in accordance with the Planning Act.
Alternatively, the municipality may eccept casa-in-lieu of suc~ conveyance.
That such easements as may be required for utilities, drainage and servicing
purposes shall be granted to the appropriate authority.
-2-
That the uses shown on the approved draft plan shall be zoned in an
appropriate zontng by-law passed by the Council of the Town of Plckertng In
effect in accordance with the Planning Act.
Th~zontng by-law shall contain provisions ~htch vtll have the effect of
~strtcttng ~e opentngs tn all buildings to mtnl~ elevations set
~c~sul~tton with the ~tropolttan Toronto and Regton Conservation ~) ~ m
Prtor to the Initiation of gradtng and prfor ~ the registration of thts
plan or a~ phase ~e~f, ~e o~ner sha]~ su~tt for the ~vt~ and
app~valfol?o, lngOf: the ~tropo] 1tan Toronto 4nd Regton Conse~atton ~thort~, the
a) a detal]ed engineering ~eport ~at describes t~ s~m dr~tna~
for the p~posed develo~nt on the subject lands. This ~port shou]d
1nc1 ude:
- plans l]lust~atfng ho~ this dratnage sys~m vt]1 rte ln~ surrounding
dratnage systems
- proposed ~thods for contro]]tng o~ minimizing erosion and sf]tatlon
on-stte and/or tn dovnstream ~reas du~lng and ~fte~ construction;
-]ocatton and descrfptfon o~ a]] outlets and other fact]tries wht~h
~qulre pe~tts under On~rto Regu]atton 293/86.
b)plans for the proposed flood damage reduction ~asures to be tmp]e~nt~
for ~ts deve~o~ent.
c) overall gradtng plans for the subject lands.
Tha~ prtor to final registration of the p~an of subdivision, o~ any on stte
gradtng, the o~ner sha]~ su~tt for the revte~ and approval of the ~tntstr7
of Natural Resources the fo]]o~lng ~eports describing:
a)The means ~hereb7 e~oston and sedt~n~tton and thel~ effects ~t~ be
minimized on the st~, durtng and after construction.
b) The manner tn ~htch sto~a~r ~t]1 be conveTed fr~ the stte du~lng
construction, tnc]udlng an7 sto~ater manag~nt ~chnlques that ~y be
required ~ mfntmlze the sedtment load tn the s~ater ~eavtng the
That the ~ner sba1] provtde fo~ the ex~nslon of such sanl~r7 se~er and
water supply ~act]tttes ~htch are externa] ~, as ~el] as wtthtn the 11mtts
of the plan ~htch 4~e requtred to se~vlce such plan. in ~ddttton, the o~ner
sha?l provtde for the extension of sanltar7 sewer and ~ater supply
facilities ~fthtn the ]tmtts of the plan ~htch are requtred Co servtce othe~
develo~ents external to his subdivision. Such sanltar7 se~r ~nd
suppl~ ~acl]tttes are to be destgned and constructed as per the standards
and requt~ents o~ the Regfon of Durham; al~ a~angwents, financial and
othe~tse) fo~ satd ex~nslons are ~o be to the satisfaction of the Region
of Durham and a~e to be completed p~to~ Co ftna] approval.
-3-
17. That prtor to entering Into a subdivision agreement the Region of Ourham
-shall be satisfied that adequate water po11 utton' control pl ant and water
supply plant capactt~ are available to the proposed subdivision.
~ That prtor to ftna] approva~ of the plan, the owner sha]l satfsfj' all
requirements, financial and othe~lse, of the Town of Picketing. Thts shat]
tnctude, ~ng other ~tters, execution of a subdivision agre~nt between
~e o~ne~ and the To~n of Picketing, concerning the provision and
Installation of roads, settees and drainage, and othe~ loca] services.
~9. That prtor ~ ftnal app~va] of the p~an, the o~ner shall sattsf~ all
requtrmnts, financial and othe~tse, of the Regton of Durh~. ~Thts shall
tnc]ude, a~ng o~er meters, ex~utton of a subdivision agre~nt bergen
the o~er and the Regton of Durham concerning the provision and tns~]]atlon
of sant~ry s~er, ~ater supply, roads and other ~gfona] services.
That the subdivision be~een the and To~n of
agre~nt
o~ner
Picketing
contain, a~ng other matters, the following provisions:
a) The o~ner agrees to:
(1)CondttlontmP]e~nt ~5.the rec~ndatfons In the reports as requtred
(tl) matntatn a]] sto~ater management and erosion and sedl~ntatlon
control structures operating and tn good repair durtng the
construction pertod, tn a manner satisfactory to the Hlnlstry of
Hatur~l Resources.
(1tl) advise the HtnJstry of ~atura} Resources of the co~ncemnt date
for grading prior to the Initiation of any on sl~ ~rks.
¥~..~~ b) ag~eementThe~,~~°wner agreeSfor each~~t° ]ot:t nsert ~~ ~~ ~/~the' fo] ] o~tng. -. ~ c~ ause~, tn/~the~sa]e and purchase~/~
extsttng schools outstde ~he~rea,--
c) The owner agrees to maln~10 to the satisfaction of the To~n
untt1 such time as It ts developed.
d) Prtor to the develo~ent of Block ~0, the owner shall submit to the
Hlnlst~ of the Environment for review and approval a noise study
rec~endtng the necessary noise at~nuatfon measures and the o~ner
she1] agree to Implement the rec~nded ~asures.
~/~ e) Theto purchase°~ner agrees and salet° Jnsertof S~ockthe~o:f°l~°wlng clause tn the subsequent offers
"Purchasers are advlsed that desptte the Inclusion of notse contro~
~eatures wtthln the development area and wtthln the Individual bu~ld~ng
untts, noise levels may conttnue to be of concern, occasionally
Interfering wtt~ some activities of the ~e~llng occupants."
~Of) The o~ner ag~es ~:
f) to ob~atn a pe~tt fo~ the works described
1t) su~lt Individual ~ot, st~ and gradtng plans ~ the
N~t~t t~n T~n~ & Reaton Conservation ~ort~ for
Z1. That prior to ftnal approvat, the Co,t, tsstoner of Plannfng for the Region of
Durham, shall be advised tn wrtting by:
a) Town of Picketing, how Conditions 1,2,3,4,5,6,7,10,11,12,i8 A 20 have.
been satJsfJed;
b)I~tnfstry of Transpo~atton and C~untcatlons, ho~ Conditions 8 ~ 9 have
been satlsfl~;
c)Hlntstry of the EnvJron~nt, ho~ CondttJons ~) & 20e) have been
satlsfl~;
d) ~tropotttan Toronto and Region Conservation Authority, hov Con41tfons ~~
e) ~lnls~r~ of ~a~ura] Resources, h~ Conditions ~5 & 20a) have been
satisfied;
f) ~urha, 5oard of ~duca~lon, how conditions 2Ob} has been satisfied.
NOTES TO DR~T ~PROVAL
~. As ~ner of ~he proposed subdivision, 1~ Is tn ~our ln~e~s~'
~s we]~ as ~our responslbt]l~ ~o satisfy a~l conditions of
approvat tn an expedltfous manner.
2. Al; p]ans of subdivision must be reglster~ In the 1and tttles syst~ ~tthtn
the Durh~ Region.
3. Hhere agencies requirements are contatn~ tn the subdivision agre~ent a
copy of the agreement shall be sent to these agencies tn brder to facilitate
their clearance for flnat approval. ~ese agencies are:
a) Hr. D. Pirie, Nlnlstry of the Environment, 7 OverSea Btvd., 4th F~oor,
Don Hl~]s, Ontarto, ~H ~.
b) ~. ~.B. Ear], ~ntstry of Natural Resources, ~0401 Duffertn Street,
~p]e, Ontario, LOJ 1EO,
c) Hr. J.E. ~ton, ~rham Board of Education, 555 Rossland Road Hest,
Osha~a, Ontario, LIJ 3H3.
4. The I~lnlsCry of Transportation & Communications uses 0.3m reserve to
nor, try the pub]lc that access to the Provincial hlghway will not be
granted across the reserve. It shou]d be sho~ as a block on the final
~tan. Oe~s In duplicate conveying block Plan ~ to the
Queen tn the rtght of the Province of Ontarto as represented by the
Htnlster of Transportation and C~ntcatlons' together with :he propos~
final plan.' should be sent
-S-
Al! extsCtng entrances c~osslng a 0.3 me~re Keserve mus~ be removed et the
ovner'$ expense after registration of the plan.
SUBJECT PI{OPERTY
PA~KW&Y