HomeMy WebLinkAboutBy-law 3689/91THE CORPORAT~IO~N_ OF THE TOWN OF PICKER1N~
DY-LAW NO. 3689/91
Being a by-law to authorize the execution of a
Subdivision Agreement and related documentation
respecting the development of Part Block L, Plan 418,
Pickering (Jerry Zasadnyj & Rosenmry Sowa;
18T-88095).
WHEREAS the proposal to subdivide and register a plan of subdivision of part of Block L, Plan 418,
Picketing, has been recomanended for approval by the Council of The Corporation of the Town of
Picketing and approved by the Commissioner of Phuming of the Regional Municipality of Durhmn as
Draft Plan 18T~88095, subject to several conditions, one of which requires the entering into of a
satisfactory Subdivision Agreement with The Corporation of the Town of Picketing, pursuant to the
provisions of the Planning Act 1983, S.O. 1983, chapter 1, section 50(6); and
WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter 302, section 193( I ),
the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring any land or
interest therein for the purposes of the corporation;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form
attached hereto as Schedule A, between Jerry Zasadnyj and Rosemary Sowa and The
Corporation of the Town of Pickering, respecting the development of Part Block L, Plan 418,
Picketing (Draft Plan 18T-88095).
2. (1)
(2)
The Corporation of the Town of Picketing shall acquire interests in the nature of
easements over those lands described in section 21 of tile Subdivision Agreement
attached hereto as Schedule A, subject to the terms and conditions set out therein, for
storm drainage purposes.
The Mayor and Clerk are hereby authorized to execute Transfers of Easement, in the
form attached hereto as Scbedule B, effecting the acquisition by The Corporation of the
Town of Picketing of the interests referred to in subsection (1).
BY-LAW read a first, second and third time and finally passed this 2nd day of April, 1991.
Wayne Artlm~s, Mayor
TOWN CF
PlCKERING
APPROVED
AS TO FORI','I
LEGAL DEPT.
aylor, c er
SCItEDLILE A
THIS AGREEMENT made this day of
,1991.
BETWEEN:
JERRY ZASADNYJ
and
hereinafter ~..,llectively called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to subdivide part of Block L, Plan 418, in the Town of Picketing, in the
Regional Munici~.ali~ of D.urham, and to register a plan of subdivision of those lands, as shown on a
draft plan of subdivision designated as Draft Plan Number 18T-88095;
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:
The lands affected by this Agreement (the "Lands") are Lots I to 6, both inclusive, and Block 7,
Plan 40M- , Picketing.
CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before June 30, 1991, 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.
NOTICE
Any notice required to be given hereunder may be given by registered mail addressed to the
other Party at its principal place of business and shall be effective as of the second day
inunediately following the date of the deposit thereof in the Post Office.
(I)
Whenever in this Agreement the word "Owner", or "Encumb~ancer" and the pronoun
"it" is used, it shall be read and construed as "Owner or Owners", "Encumbrancer or
Encumbrancers" and "his", "her" or "them", 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.
Time shall be of the essence of this Agreement.
This Agreement and everything herein contained shall enure to the benefit of and be binding
upon the Parties hereto, their successors and assigns.
The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part
thereof, to enter upon the Lands in ~.zder 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 manner, for the Town,
all the municipal services as hereinafter set forth to the satisfaction of the Town, and shall
complete, perform or make payment for such other matters as may be provided for herein.
CONSULTI/qG ENGINEERS
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.
(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.
The Owner shall construct a complete storm water drainage and management system,
including storm connections to the street line and catch basin leads, to service all the
lands in the plan of subdivision, and Gillmoss Road adjacent to the plan, and to provide
capacity for lands upstream thereof 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 frown 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 sufficient 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 Works, will require its use as a trunk outlet.
(3)
Should, in the opinion of the Director of Public Works, an inadequate stream or
structure exist in the outlet system outside the plan of subdivision, the Owner may be
required to carry out such works as are necessary to provide an adequate outlet.
(,4)
The Town may connect or authorize connection into any part of the system but such
connection shall not constitute acceptance of the sewer system by the Town.
(5)
No connection under subsection 4, above, shall be undertaken or authorized prior to
preliminary acceptance of the sewer system by the Town, except in an emergency.
11.
O)
The Owner shall reconstruct both sides of Rosebank Road adjacent to the plan of
subdivision and the north side of Gillmoss Road adjacent to Lot 6, 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 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 keep all boulevards clear and free of materials and obstructions which
might interfere with the installation of electric, telephone, gas or other utilities.
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(4)
(5)
The Owner shall erect and maintain adequate signs to wam all persons using Gillmoss
Road or Rosebank Road that construction is taking place.
Such signs and the location thereof are subject to the approval of the Town's Director of
Public Works.
(1)
The Owner shall constr~ct, reconstruct or repair, as the case may be, curbs and gutters
on both sides of Rosebank Road and the north side of Gillmoss Road, 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.
(2)
If any curb depressions are not located correctly with respect to a driveway, the Owner
shall construct a curb depression in the correct location and fill in the original curb
depression according to the specifications.
13.
(1)
The Owner shall construct a sidewalk on the east side of Rosebank Road adjacem to
Lots I to 6 and on the north side of Gillmoss Road adjacent to Lot 6, within the six
months immediately following the occupancy of the first dwelling unit to be occupied
on any lot adjacent thereto, despite the provisions of section 1 of Schedule A.
(2)
Despite the provisions of subsection (1), where the occupancy of the first dwelling unit
occurs in November or December of any year, the time limit for construction of the
sidewalk shall be extended to June 30 in the following year.
(3)
The Owner shall maintain each segment of sidewalk until it is formally accepted by the
Town.
14.
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 accordance with the standards and
specifications of Picketing Hydro-Electric Commission, Picketing Cable T.V. Limited or Bell
Canada, as the case may be.
15.
(1)
The Owner shall install street lights on Gillmnss Road adjacent to the plan and upgrade
street lighting on Rosebank Road adjacent to the plan, including poles and other
necessary appurtenances.
(2) Electrical service for street lighting shall be provided underground and not aboveground.
(3)
Street lighting and its related electrical service shall be designed and installed in
accordance with standards established by the Town and in conformity with the
Association of Municipal Electrical Utilities Guide to Municipal Standard Construction.
(4)
The installation of street lighting and its related services shall be under the supervision
and inspection of Picketing Hydro-Electric Commission.
16.
(l)
Prior to the registration of the plan, the Owner shall pay to the Town the sum of $210 as
an engineering drawing inspection fee.
(2)
All works requited to be constructed by the Owner, except those referred to in sections
14 and 15 shall be installed under the observation of Ins .p~.ctors 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 administration fees.
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17.
LIABILITY INSURANCE
(l)
Before commencing any of the work provided for herein, the Owner shall supply the
Town with a Certificate of Insurance verifying that a Liability Insurance Policy is in
place in a 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 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 cost of such renewal or renewals within 30 days of the account
therefor being rendered by the Town.
(4)
It shall be the responsibility of the Owner to notify the Town of the dates for the
renewal of the premium of the said policy and to supply proof that the premium of the
said policy has been paid in order that the protection provided by the Liability Insurance
Policy shall not lapse.
18.
PERFORM. A.NCE & MAINTI~NANCE 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 performance of the
works;
(b)
guaranteeing the payment of any amounts payable to the Town under this
Agreement;
(c)
guaranteeing the payment of any amount that the Town may be required to pay
under the provisions of the Construction Lien Act, 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 payment into court;
and
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(4)
(c) seventeen per cent (17%) of the original value where,
(i)
a certificate of final completion has been made by the Owner's
Consulting Engineer;
(ii) 45 days following the making of such certificate have expired; and
(iii)
all liens that may be claimed against any holdback required to be
retah~ed by the Town have expired or have been satisfied, discharged
or provid,~4 for by payment into court;
which seventeen per cent (17%) portion shall secure the guarantee of works,
workmanship and materials, until the obligation to guarantee has expired, when the
balance of the security shall be retumed to the Owner subject to any deductions for
rectification of deficiencies.
Upon the approval, if any, of a reduction in the amount of the security required to be
provided in subsection l, the Town Manager or the Town Treasurer shall provide to the
Owner any necessary assurance to effect the reduction.
19.
DRA. IlqAGE - SODDING
(1)
The Owner shall provide the Town, before commencing any of the work provided for
herein and prior to the conmqencement of the development of the plan of subdivisi?n,
with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing
the proposed grading of the Lands to provide for the proper dr..a?.ag.e thereof and the
drainage of all adjacent lands which dram 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 Agreement, and shall not provide for
the drainage of surface mn-off water onto Town-owned parkland, open space or
walkways unless provision is made for the installation by the Owner, at no cost to the
Town, of suitable swales and catch basins to manage adequately, in the opinion of the
Town's Director of Community Services and Facilities, that surface mn-off water.
(3)
The Grading Control Plan is subject to the approval of the Town's Directors of Public
Works and Community Setwices and Facilities.
(4)
The grading of all lands shall he carried out by the Owner in accordance with the
approved Grading Control Plan, under the supen, ision 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 by the Town, the Owner shall
correct them by re-grading or by the construction of catch basins, swales or other
structures as may be necessary to correct such problems.
(6)
Despite any time limit otherwise applicable pursuant to section I of Schedule 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.
20.
INCOMPLETED OR FAULTY WORK
(i)
If, in the opinion of tim Director of Public Works, the Owner is not prosecuting or
causing to be prosecuted the work in connection with this Agreement within the
specified time, or in order that it may be completed within the specified time, or is
improperly performing the work, or shall the Owner neglect or abandon it before the
completion, or unreasonably delay the same so that the conditions of this Agreement are
being violated or carelessly executed, or M 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
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(2)
(3)
(4)
Agreement, then in any such case, the said Director of Public Works shall promptly
notify the Owner and his surety in writing of such default or neglect and if such
notification be without effect within 10 clear days after such notice, then in that case,
the Director of Public Works shall thereupon have full authority to purchase such
materials, tools and machinery and to employ such workmen as in his opinion shall be
required for the proper completion of the said work at the cost and expense of the
Owner or his surety, or both.
In cases of emergency, in the opinion of the Director of Public Works, such work may
be done without prior notie' but the Owner shall be forthwith notified.
The cost of such work shall be calculated by the Director of Public Works whose
decision shall be final.
It is understood and agreed that such costs shall include a management fee of twenty per
cent (20%) of the labour and material value, and further, a fee of thirty per cent (30%)
of the value for the dislocation and inconvenience caused to the Town as a result of
such default on the part of the Owner, it being hereby declared and agreed that the
assuming by the Owner of the obligations imposed by this paragraph is one of the
considerations, without which the Town would not have executed this Agreement.
21.
TRANSFERS - EASEMENTS
(1)
The Owner shall arrange at no cost to the Town for granting to the Town such
easements as the Director of Public Works or his designate shall deem necessary for the
provision of storm 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
pomfission 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.
22.
GENERAL PROVISIONS - SERVICES
The Owner agrees whh the Town:
(a) Paving of Driveway Approaches
To pave all driveway approaches between the curb and sidewalk or where no sidewalk
is to be provided, between the curb and the lot line.
(b) Continuation of Existing Services
Where the construction of services herein involves a continuation to existing services,
to join into the san~e, including adjustment of grades where necessary, in a good and
workmanlike manner.
(c) Public Lands - Fill & Debris
(i) Neither to dump nor to permit to be dumped, any fill o.r debris on, nor to
remove or Permit to be removed, any fill from any public lands 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 buming of refuse or debris upon its lands or any public
lands.
(d) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or quantitative tests made of any
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.
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(f)
(h)
(i)
(i)
To p?y, 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 0~ interfere with the use of the driveway.
S?cifications
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.
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 designated by the Director of Public
Works.
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 designated by the Director of Public
Wo~s.
Prior to the final acceptance of the subdivision, to supply the Town with the original
drawings of the engineering works for the plan of subdivision, with amendments, ff any,
noted thereon.
Survey Monuments & Markers
Prior to 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 all standard iron bars as shown on the registered plan, and survey
monuments at all block comers, the ends of all curves, other than comer roundings and
all points of change in direction of streets on the registered plan.
23.
CONSTRUCTION & OCCUPANCy OF BUILDINGS
(1) No building permit shall be issued for any building or part of a building in the
subdivision until,
(a) sewer and water facilities are available, and in the opinion of the Director of
Public Works, capable of providing adequate service; and
(b) an asphalt base has been laid on the road immediately in front of the building
or pan thereof.
(2) No building or pan 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 .p.e. rmit for a building or pan of a building
shallbe made except upon the following conditions:
(a) storm sewer, sanitary sewer and water facilities are installed and in operation to
adequately serve such building or pan thereof;
(b) electric service is completed and in operation; and
(c) such curbs, as in the opinion of the Director of Public Works, are required to be
~ompletedprior !o occupancy have been constructed on the road inunediately
front of the building or part thereof.
7
(l)
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 architectural design objectives for the subdivision, which
approval shall not be unreasonably withheld.
(2)
The report referred to in subsection (I) may be required, at the Director's option, to
provide the following information:
(a)
(c)
(d)
(f)
(g)
house massing;
streetscape;
exterior materials and colours;
architectural style;
visual variety;
energy conservation measures; and
any other data or information reasonably required.
(3)
The Owner shall, prior to the issuance of any building permit for the construction of a
residential unit to he erected on the lands, submit to the Director, for approval, site
plans and architectural drawings for that unit, which approval shall not he unreasonably
withheld.
(4)
The plans and drawings referred to in subsection (3) may he required, at the Director's
option, to provide the following information:
(a)
(b)
(c)
(d)
(e)
(13
the location of all buildings and structures to be erected and the location of all
facilities and works associated therewith;
the location of landscaping features, including trees to he preserved;
streetscape for front and rear elevation at a scale acceptable to the Director;
streetscape to show all street furniture and vegetation;
the relationship of buildings by blocks; and
any other data or i~ffonnation reasonably required.
25.
FINANCIAL PAYMENTS
(1)
The Owner shall pay to the Town a unit levy in the amount of $3,250 per unit for each
dwelling unit to be erected in the plan.
(2)
No building permit shall he issued for any dwelling unit unless payment of the unh 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 December 31, 1991.
(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.
26.
FINANCIAL SECURFFY
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 $19,500 as
security for the payments referred to in section 25 hereof.
27.
GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands included in the plan of subdivision, as required
by law from time to time.
(b) I~,lLImlm~mnts
Prior to the release of the plan for registration, to prepay any outstanding local
improvement charges which are levied against any of the lands in the plan of
subdivision.
8
(c)
(d)
(e)
To pay interest at the rate of eighteen per cent 08%) per annum to the Town on all
sums of money payable herein which ~re not paid on the due dates calculated from such
due dates.
To pay all regi~ration costs incurred by the Town relating in any way to the registration
of the plan of subdivision ,~r any other related documentation, including transfers, in the
Land Titles Office.
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 m
connection with such work done or material supplied for or on behalf of the Owner in
connection with the subdivision, or ff 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.
28.
EXPIRY OF SECURITIES
(1)
Should any security required to be given under the terms of this Agreement 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 shah be to the satisfaction of the Town.
(3)
Should no such further security be provided as requh'ed, 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.
29.
PROVISION OF PARKLAND
Prior to the registration of the plan, the Owner shaH pay to the Town the sum of $11,025 in cash
or by certified cheque, which sum the Town shah accept in full satisfaction of the Owner's
obligation to provide parkland for Lots I to 6.
30.
TREE PRESERVATION
(1)
The Owner shall retain, at its own expense, a qualified expert to prepare a Tree
Preservation Program indicating which existing trees shall be preserved.
(2)
The Program shall he submitted to the Director of Planning for review and approval by
the Director of Conununity Services and Facilities, and, once approved, shall he
implemented as approved only.
(3)
In determining whether or not to approve the Program, the Director shah he governed
by the Town Tree Preservation Policy in effect at the date hereof.
(4)
Until such time as the Program is approved, the Owner shaH not commence, nor allow
to he commenced, any aspect of the development of the lands in the plan, including the
removal of any tree.
(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 DLrector of Community Services
and Facilities, damaged to such an extent that its value or longevity is decreased or is
likely to be decreased, then the Owner shall replace that tree with a tree of a height,
diameter and species determined by the Director; such replacement shail he at no cost to
the Town.
(6) The Owner's liability under subsection (5) shall continue until,
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(a~
(b)
where the lands upon which the tree is located comprise a residential buikling
lot or block, twelve months after the completion of the sodding on the lot or
block, or
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 persons c---mprising the Owner have hereunto affixed their hands and
seals and the Town has hereunto affixed its corporate seal, attested to by the hands of its author/zed
officers.
SIGNED, SEALED & DELIVERED
In the presence of
JERRY ZASADNYJ
In thepresence of
ROSEMARY $OWA
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bmce Taylor, Clerk
ENCUMBRANCER - EMILIA ZASADNY$
This Agreement shall have priority over and take precedence over all of the rights or interests of Emilia
Zasadnyj 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 ~my part of them, prior to the registration of this
Agreement.
Dated at , this day of ,1991.
SIGNED, SEALED & DFJ. IVERED
In the presence of
EMILIA ZASADNYJ
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TIME LIMIT FOR WORK & GUAP, ANTEE 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
~,proVisinns of this Agreement, on the Lands or on any lands adjacent thereto, and
reservice" 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 tile Town's Legal Services Department only after the Owner
has,
(a) executed this Agreement;
(b) supplied a satisfactory liability insurance policy pursuant to section 17;
(c) provided a Grading Control Plan submission pursuant to section 19 which has
been approved, subject only to thc provision of corrected drawings, by the
authorities referred to in section 19(3); and
(d) submitted a Tree Preservation Program pursuant to section 30 which has been
approved by the authority referred to in section 30(2).
(3) The Owner may preservice this project only with the prior written approva~ of the Town
which may be issued by the Town's Legal Services Depa~ment on/y after the Owner
has,
(a) executed this Agreement;
(b) supplied a satisfactory liability insurance policy pursuant to section 17;
(c) supplied a satisfactory performance and maintenance security pursuant to
section 18;
(d) provided a Orading Comrol Plan submission pursuant to section 19 which has
been approved, subject only to the provision of corrected drawings, by the
authorities referred to in sectiou 19(3); and
(e) submitted a Tree Preservation Program pursuant to section 30 which has been
approved by the authority referred to in subsection 30(2).
Despite the provisions of subsections (2) and (3), preservicing limited to,
(a) making soil quality and compaction tests,
(b) surveying the boundaries of the Lands and of proposed lots, blocks and roads
thereof,
(c) marking existing and proposed grade elevations,
(d) tests and examinations of the Lands necessary for the preparation of required
pre-development studies,
(e) compliance with an approved Tree Preservation Program;
(f) lawful erection of permitted signs, or
(g) any combination thereof,
shah not require the prior written approval of the Town.
The Owner shall complete all works, services and requirements under this Agreement,
(4)
11
(6)
(a)
within one year of the date of registration of the plan of subdivision if
pre~ervicing (except preservicing limited to that described 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 preservicing limited to
that described in subsections (2) or (4), or both) has occurred.
The Owner shall guarantee all works, workmanship and materials employed or used in
the construction, installation or completion of all works, services and requirements
under this Agreement for ~ period of two years from the date that the works, services
and requirements are approved in writing by the Town.
RESERVED FUTURE DEVELOPMENT BLOCK - BLOCK 7
Block 7 shall be reserved for future residential development in conjunction with
abutting lands; such development shall not commence without the prior written
approval of the Town which may be subject to conditions including, but not necessarily
linfited to conditions respecting the development of the abutting lands.
(2)
Until such time as Block 7 is developed, the Owner shall maintain it in a clean and
orderly condition to the satisfaction of the Town.
DWELLING UNIt COUNT
(I) In the event that more than 6 units (1 each on Lots I to 6) are to be constructed in this
plan pursuant to this Agreement, an amendment to this Agreement shall be required.
(2) In the event that less than 6 units (as described in subsection 1) are to be constructed in
this plan pursuant to this Agreement,
(a) the amounts payable to the Town pursuant to sections 16(1) and 29, and
(b) the amount of the security to be provided to the Town pursuant to section 26,
shall be pro-rated accordingly by the Town without an amendment to this Agreement.
FINANCIAL CONTRIBUTION TO COST OF ROSEBANK ROAD SERVICES
Upon the completion by the Owner of the construction of the design and construction of the
Rosebank Road services required to be constructed by sections 10, 11, 12, 15 and 22(a) hereof,
the Town shall pay to the Owner, within thirty days of receipt of the Owner's invoice therefor,
the Owner's cost of the design and construction of that portion of those services located on the
westerly half of Rosebank Road, subject to a maximum amount payable of $25,000.
CONTRIBUTION TO OVERSIZED SERVICE COSTS
The Owner shall, immediately prior to the registration of the plan, pay to Sandbury Building
(Pickering) Corporation, the sum of $8,604.30, being the costs incurred by Sandbo~y Building
(Picketing) Corporation in the construction and installation of an oversized storm drainage
system in Rosebank Road, which serves, at least in part, the lands in the plan of subdivision.
12
New property Identifiers
See
Schedule [-
Executlon~
~B
Transfer/Deed of Land
Land Re~tmtlon Rolom~ Act 1044
A
(1) Re~,atrV [] Land TlU~ [] T(2) Page 1 of pages
(4) ~
Dolla~ $
Additional:
See
Schedule []
Thll (a) Redescription (b) Schedule for:
Document New Easement :
Co~tllnl Plan/Sketch [] i Description []
Tr~feror(a) The transferor hereby transfers the land to the transferee and certifies that the transferor ia at least eighteen years old and that
(7) Infemat/Eatate Transferred
Additional Fee Simpfe l~as~l[le~c
Pa . [] []
Date of Signature
Name(s) Signature(s)
~ of Transferor(a) I hareOy consent to this transaction Date of Signature
Name(s) Signature(s) Y Id D
(10) Tre~lferor(S) Address
for
P Transferee(a) yDate of MSirth
p±c. kerLr~j Civic Centre, One The Esplanade, pickerinq, Ontario T.1V 6K7
(13) Tr~llforor(a) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the
Planning Act, 1983. Date of Signature Date of Signature
Y I M ~ D j Y M D
Signature ......................... i ...... i... ~... Signature ........................... i ...... !... ~...
Solicitor f~' Transferor(I) I have explained the effect of sectipn 49 of the Planning .~ct, 1983 to the transferor and I have mede inquiries of the transferor
to determine that this transfer does not contravene that sact~on and based on the reformation eupptied by the transferor, to the best o1 my knowtedge
and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
Name and ~ Y , M . D
Address of ~ ; i
Solicitor Signature ........................... ! ...... ; .... =
(14) 8o~x~aol' fro' Trlf~l) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclausa 49 21a) (c) (ii) of the Planning Act, 1983 and that to the best of my know~edga and belief this
transfer does not contravene saction 49 of the Planning Act19~3.1act indepandent y of the so ctorforthetransferor(s)and am an Ontario
solicitor in good standing.
Name and
Address of
Solicitor
Cry. i Mun'i M&p i Sub.
(1S) Aleesament Roll Number
of Prc~erty
Par.
(17) Document PretMmcl by:.
C.M. Timothy Sheffield
Town Solicitor
Town of Pickering
One The Esplanade
Pickering, Ontario
L1V 6K7
Date of Signaturo
Y M D
Signature ................................ ~ .... ;. · ·
Schedule
end/of Othe~ Infonm, tlon
INTEREST/ESTATE TRANSFERRED
The Transferor hereby transfers to the Transferee the fr~e, uninterrupted and
unobstructed right and easement to construct, operate and maintain such storm
drainage works, together with any appurtenances thereto as may be required
from time to time in, under and across the lands herein described, together
with a right of the Transferee, its successors and assigns and its and their
servants, agents and workmen, with all necessary equipment, machinery and
vehicles to enter upon the lands at all times and to pass and repass thereon for
replacing (including replacement with storm drainage works of larger size and
capacity) and maintaining the storm drainage works or any part thereof or
appurtenances thereto to be constructed, reconstructed, examined, repaired,
renewed, replaced or maintained situate on the lands.
The Transferor covenants that it shall not erect any building or structure nor
place or remove any fill on or from any part of the lands without the express, h_
written consent of the Transferee.
The Transferor hereby releases the Transferee from any claim which may arise
out of the exercise by the Transferee of the right and easement granted here-
by, or which may arise out of the existence or operation of the storm drainage
works, provided the Transferee fills in all excavations and as far as is practi-
cable restores the surface to the condition existing prior to any entry thereon
to exercise the right hereby granted.
The Transferor covenants that it shall execute such further assurances of the-
right and easement granted hereby as may be required by the Transferee.
The burden of this Transfer and of all the covenants contained herein shall run
with the lands herein described.
This Transfer shall be binding upon and shall enure to the benefit of the
parties hereto and their respective successors and assigns.
LAND BENEFITED (DOMINANT TENEMENT)
The benefit of this Transfer and all of the covenants contained herein shall run
with all other lands and interests in land owned, occupied or used by the
Transferee, its successors and assigns for the purpose of operating and main-
taining storm drainage works.