HomeMy WebLinkAboutBy-law 3720/91THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3720/9l
Being a bydaw to authorize the execution of a
Subdivision Agreement, to authorize the acquisition of
certain lands and to authorize the execution of related
documentation, all respecting the development of part of
Lot 27, Concession 2, Pickering (Cougs Investments
Ltd.; 18T-89054).
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 27, Concession 2,
Picketing, has been recommended for approval by the Council of The Corporation of the Town of
Pickering and approved by the Commissioner of Planning of the Regional Municipality of Durham as
Draft Plan 18T-89054, 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(1),
the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring any land or
interest therein for the purposes of the corporation;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing 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 Cougs Investments Ltd. and The Corporation of the
Town of Pickering, respecting the development of part of Lot 27, Concession 2, Pickering
(Draft Plan 18T-89054).
The Corporation of the Town of Pickering shall acquire those lands described in section 22 of
the Subdivision Agreement attached hereto as Schedule A, subject to the terms and conditions
and for the purposes set out therein.
3. (1)
(2)
The Corporation of the Town of Pickering shall acquire interests in the nature of
easements over those lands described in section 23 of the 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 Schedule 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 fmally passed this 3rd day of lune, 1991.
TOWN OF
PICKERING
APPROVED
SCHEDULE A
THIS SUBDMSION AGREEMENT made June 3, 1991.
BETWEEN:
COUGS 12qVESTMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the '~Fown"
OF THE SECOND PART,
WHEREAS the Owner proposes to subdivide part of Lot 27, Concession 2, 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-89054, and is required, a~ a condition
of approval thereof to enter into a subdivision agreement with the Town pursuant to the Planning Act
1983, S.O. 1983, chapter 1, section 50(6);
NOW THEREFORE, THIS AGREEMENT W1TNESSETH, that in consideration of the Town
consenting to the registration of the proposed plan of subdivision, and the covenants hereinafter
expressed, the Parties hereto covenant and agree one with the other as follows:
The lands affected by this Agreement (the "Lands") are Lots 1 to 28, both inclusive, and Blocks
29 to 32, both inclusive, Plan 40M- , Pickering.
CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before December 31, 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.
(1)
Any notice required to be given hereunder may be given by personal delivery or
registered mail,
(a) in the case of the Owner, to
The President
Cougs Investments Limited
27 Buggey Lane
R. R. #1
Picketing, Ontario
L1V 2P8
and
(b) in the case of the Town, to
The Town Clerk
The Corporation of the Town of Pickering
Pickering Civic Complex
One The Esplanade
Picketing, Ontario
L1V 6K7
Each Party may redesignate the person or the address, or both, to whom or to which
such notice may be given by giving written notice to the other.
Any notice given in accordance with this section shall be deemed to have been given on
the ten'st business day following the day of delivery or the day of mailing, as the case
may be.
(1)
Whenever in this Agreement the word "Owner" or the pronoun "it" is used, it shall be
read and construed as "Owner or Owners" or "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 pan 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 pan
thereof, to enter upon the Lands in order to comply with the provisions of this Agreement.
OWi~R'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 he provided for herein.
CONSULTING ENGINEERS
(1)
The Owner shall retain a Professional Engineer as the Consulting Engineer of the
Owner to carry out all the necessary engineering and to supervise generally the work
required to be done for the development of the plan of subdivision.
(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.
(3)
This provision shall not be construed so as to prevent the Owner from changing from
one Consulting Engineer to another at any time or times during the development and
construction of the project, so long as the Owner has a Consulting Engineer retained at
all times.
10.
(1)
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 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 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 sufficient size and depth and at
locations either within or outside the Lands to service the Lands and the lands outside
thereof which, in the opinion of the Director of Public Works, will require its use as a
trunk outlet.
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(3)
(4)
(5)
Should, in the opinion of the Director of Public Works, an inadequate stream or
structure exist in the outlet system outside the Lands, the Owner may be required to
carry out such works as are necessary to provide an adequate outlet.
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.
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.
ROADS
(1)
(2)
- ROUGH GRADE
Prior to the installation or construction of the municipal services provided for herein,
the Owner shall rough grade Baylawn Drive to thc fun width.
The Owner shall keep all boulevards clear and free of materials and obstnactions which
might interfere with the installation of electric, telephone, gas or other utilities.
12.
(1) The Owner shall construct Baylawn Drive.
(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 roAdn clear of
mud, dust, refuse, rubbish or other litter of all types.
(3)
The Owner shall erect and maintain adequate signs to warn ali persons using Baylawn
Drive 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
Public Works.
13.
The Owner shall construct, reconstruct or repair, as the case may be, curbs and gutters
on Baylawn Drive 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.
14.
The Owner shall construct the following segments of sidewalk, in each case within six
months immediately following the occupancy of the first dwelling unit to be occupied
on any lot or block adjacent to that segment, despite the provisions of section I of
Schedule A:
(a) on the north side of Baylawn Drive adjacent to Lots 13 to 21;
(b)
on the notlh side of Baylawn Drive adjacent to Lots 22 to 28 and Blocks 29 and
3O;
(c) on the south side of Baylawn Drive adjacent to Block 31 and Lots I to 7; and
(d) on the south side of Baylawn Drive adjacent to Lots 8 to 12 and Block 34.
(2)
Despite the provisions of subsection (1), where the occupancy of the fa'st dwelling unit
occurs in November or December of any year, the time limit for construction of the
adjacent sidewalk segment shall be extended to Iune 30 in the following year.
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(3) The Owner shall maintain each sidewalk segment until it is formally accepted 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 undergroun, d and in accordance with the st .andards and
specifications of Picketing Hydro-Electric Commission, Picketing Cable T.V. Limited or Bell
Canada, as the case may be.
16.
(I) The Owner shall install street lights, including poles and other necessary appurtenances,
on Baylawn Drive.
(2) Electrical service for street lighting shall be provided underground and not aboveground.
(3) Street Hghting and its related electrical service shall be designed and installed in
accordance with standards established by the Town und 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 Pickering Hydro-Electric Commission.
17.
(l)
Prior to the registration of the plan, the Owner shall pay to the Town the sum of $I,085
as an engineering drawing inspection fee,
(2)
All works required to be constructed, maintained or repaired by the Owner, except those
referred to in sections 15 and 16, shall be constructed, maintained or repaired 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 necessar'dy be limited to,
salaries and wages of Inspectors, testing fees and administration fees.
18. 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.
19.
PERFORMANCE & MAINTENANCE GUAEANTEE
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,
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(a) guaranteeing the satisfactory construction, installation or perfonnance of the
works;
(2)
(3)
(4)
(b)
guaranteeing the paymem 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.
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.
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) thixty-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 paymem into court;
and
(c) seventeen per cent (17%) of the original value where,
(i)
a certificate of final completion has been made by the Owner's
Consulting Engineer;
(ii) 45 days following the making of such certificate have expired; and
(iii)
all liens that may be claimed against any holdback required to be
retained by the Town have expired or have been satisfied, discharged
or provided 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 returned to the Owner subject to any deductions for
rectification of deficiencies.
Upon the approval, ff 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.
STORMWATER CONTROL, DRAINAGE & SODDIlqG
(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, with a Grading
Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed
grading of the lands within the plan to provide for the proper drainage thereof and the
drainage of all adjacent lands which drain through the lands in the plan.
(2)
(3)
(4)
(5)
(6)
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 run-off water onto Town-owned parkland, open space or
walkways unless provision is made for the installation by the Owner, at no cost to the
Town, of suitable swales and catch basins to manage adequately, in the opinion of the
Town's Director of Community Services and Facilities, that surface nm-off water.
The Grading Control Plan shall be reviewed in consultation with the Environmental
Assessment Report referred to in subsection (1) and is subject to the approval of the
Town's Directors of Public Works and Community Services and Facilities and the
Metropolitan Toronto and Region Conservation Authority.
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.
If, in the opinion of the Director of Public Works, drainage problems occur prior to
formal acceptance of the works by the Town, the Owner shall correct them by
re-grading or by the construction of catch basins, swales or other structures as may be
necessary to correct such problems.
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.
21.
IlqCOMPLETED OR FAULTY WORK
(1)
If, in the opinion of the Director of Public Works, the Owner is not prosecuting or
causing to be prosecuted the work in connection with this Agreement within the
specified time, or in order that it may be completed within the specified time, or is
improperly performing the work, or shall the Owner neglect or abandon it before the
completion, or unreasonably delay the same so that the conditions of this Agreement are
being violated or carelessly executed, or in bad faith, or shall the Owner neglect or
refuse to renew or again perform such work as may be rejected by the Director of Public
Works as defective or unsuitable, or shall thc Owner in any other manner, in the opinion
of the Director of Public Works, make default in performance of the terms of this
Agreement, then in any such case, the said Director of Public Works shall promptly
notify the Owner and his surety in writing of such default or neglect and if such
notification he without effect within 10 clear days after such notice, then in that case,
the Director of Public Works shall thereupon have full authority to purchase such
materials, tools and machinery and to employ such workmen as in his opinion shall be
required for the proper completion of the said work at the cost and expense of the
Owner or his surety, or both.
(2)
In cases of emergency, in the opinion of the Director of Public Works, such work may
be done without prior notice but the Owner shall be forthwith notified.
(3)
The cost of such work shall be calculated by the Dh-ector of Public Works whose
decision shall be final.
(4)
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
ebEga:ions imposed by this paragraph is one of the considerations, without which the
Town would not have executed this Agreement.
22. TRANSFERS - CONVEYANCES
(i)
The Owner shall convey, or cause to be conveyed, to the Town, free and clear of all
encumbrances and at no cost to the Town, upon the registration of the plan or within the
30 days immediately following the registration thereof, all of,
6
(a) that part of Lot 27, Concession 2, Pickering, designated as Part 2, Plan
40R-13525 (open space); and
(2)
(b) Blocks 33 and 34 (Baylawn Drive reserves).
Notwithstanding the provision? of subsection (1), above, thc transfer required therein
shall not be deemed to be subject to an encumbrance ff that encumbrance relates in any
way to the existence or maintenance of a public utility in operation as of the date of this
Agreement.
23.
TRANSFERS - EASEMENTS
(i)
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 necesssry for the
provision of storm water drainage and management facilities both within the boundaries
of the Lands and across lands adjacent thereto but outside those 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.
GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave all driveway approaches between the curb and sidewalk.
(b) Continuation of Existing Services
Where the construction of services herein involves a continuation to existing services,
to join into the same, including adjustment of grades where necessary, in a good and
workmanlike manner.
(c) Public Lands - Fill & Debris
(i)
Neither to dump nor to permit to be dumped, any fill or debris on, nor to
remove or perrmt to be removed, any fill from any 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) 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 he paid by the Owner within
30 days of the account being rendered by the Town.
(e) Relocation of Services
(i)
To pay the cost of relocating any existing services and utilities 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 utnities 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.
7
(g)
(h)
(i)
O)
(k)
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
Works.
Prior to the f'mal 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.
Snow Plowing & Salting of Roads
(i)
If, in the opinion of the Director of Public Works, the condition of the mad
surface of Baylawn Drive is not acceptable for winter control, to snow plow
and salt such road from any occupied buildings to existing public roads that
receive winter control service.
(ii)
Such snow plowing and salting shall be done from time to time when the
Director of Public Works deems conditions warrant and until such time as the
road is acceptable to the Director of Public Works for winter control.
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.
25.
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(l)
No building permit shall be issued for any building or part of a building on the Lands
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 part thereof and extended to an existing maintained road.
(2)
No building or part of a building on the Lands shall be occupied except upon the
issuance of a municipal occupancy permit.
(3) No application for a municipal occupancy permit for a building or part of a building
shall be made except upon the following conditions:
(a)
storm sewer, sanitary sewer and water facilities are installed and in operation to
adequately serve such building or part thereof;
(b) electric service is completed and in operation; and
(c)
such curbs, as in the opinion of the Director of Public Works, are required to be
completed prior to occupancy have been constructed on the road immediately
in front of the building or part thereof and extended to an existing maintained
public road.
(4) The Owner shall maintain vehicular access to all occupied buildings on the Lands until
Baylawn Drive is formally assumed by the Town.
26.
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 mpon referred to in subsection (1) may be required, at the Director's option, to
provide the following information:
(a)
(b)
(c)
(d)
(e)
(0
(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 be erected on the Lands, submit to the Director, for approval, site
plans and architectural drawings for that unit, which approval shall not be unreasonably
withheld.
(4)
The plans and drawings referred to in subsection (3) may be required, at the Director's
option, to provide the following information:
(a)
(b)
(c)
(d)
(e)
(0
the location of all buildings and structures to he erected and the location of all
facilities and works associated therewith;
the location of landscaping features, including trees to be preserved;
streetscape for front and rear elevation at a scale acceptable to the Director;
streetsca~ to show all street fumitu~ and vegetation;
the relationship of buildings by blocks; and
any other data or information reasonably required.
27.
FINANCIAL PAYMENTS
On or before the date of issue of the building permit for each dwelling unit to be erected
on the Lands, the Owner shall pay to the Town a unit levy or development charge for
that dwelling unit.
(2)
The amount of the unit levy or development charge payable under subsection (1), above,
for each dwelling unit shall
(a)
$3,250, if the Town has not, before the date of payment, enacted a
Development Charge By-law pursuant to section 3(1) of the Development
Charges Act 1989, S.O. 1989, chapter 58, or
(b)
the applicable amount of such development charge according to the Town's
Development Charge By-law, fi, before the date of payment, the Town has
enacted such a by-law.
28.
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 $100,750 as
security for the payments referred to in section 27 hereof.
29.
GENERAL PROVISIONS - FINANCIAL MATFERS
The Owner agrees with the Town:
(a) ~
To pay the taxes in full on the Lands as required by law from time to time,
9
(b)
(c)
(d)
To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all
sums of money payable herein which are not paid on the due dates calculated from such
due dates.
Topay all registrat!o.n .costs incurred by the Town relating, in a~.y way to the registration
of th.e~.!an of subdivision or any other related documentation, including transfers, in the
Land Titles Office.
Upon applying for fmai 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 clauns 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 if such claims do exist, the Owner shall indemnify
the Town against all claims, actions or demands for liens or otherwise and all costs in
connection therewith.
30.
EXPIRY OF SECURH'IES
(i)
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 shall be to the satisfaction of the Town.
(3)
Should no such further security be provided as required, then the Town shall have the
right to convert the expiring security into cash and hold the cash in lieu of and for the
same purposes as any further security.
31.
PROVISION OF PARKLAND
(1)
As a result of the transfer to the Town of that part of Lot 27, Concession 2, Pickering,
designated as Part 1, Plan 40R-13525, as parkland, pursuant to the provisions of the
Subdivision Agreement affecting Draft Plan 18T-89052(R), now Plan 40M-
Picketing, the Owner has a parkland credit of 0.3058725 hectares which may be applied
to the Town's future parkland requirements for the development of lands in Lot 27,
Concession 2, Pickering, including the Lands herein.
(2)
A portion of that credit, namely 0.1536848 hectares, shall be accepted by the Town in
full satisfaction of the Owner's obligation to provide parkland for the development of
Lots I to 28 and the lots comprising in part Blocks 29, 30 and 31 in this plan.
(3)
Following the registration of this plan, therefore, the Owner's parkland credit shall be
0.1521877 hectares.
32.
(1) The Owner shall plant on Baylawn Drive adjacent to the Lands thirty-one trees of a size
and type acceptable to the Town.
(2)
A schedule of the Owner's tree planting scheme shall be approved by the Director of
Planning prior to the planting of any trees,
(3)
The rices approved by the Town shall he 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 thirty-one trees to be planted, the Owner shall pay to
the Town $17~5 for every tree which cannot be planted for tree planting in a public land
area within the community in which the plan is located.
10
33.
TREE PRF~ F.~RVATION
The Owner shall retain, at its own expense, a qualified expert to prepa~ a tree invemory
and a Tree Preservation and Transplanting Program indicating which existing trees on
the Lands shall be preserved.
(2)
The Program shall be submitted to the Director of Planning for review and approval by
the Director of Community Services and Facilities, and, once approved, shall be
implemented as approved only.
(3)
h~ determining whether or not to approve the Program, the Director shall be governed
by the Town Tree Preservation Policy in effect at the date hereof.
(4)
Until such time as the Program is approved, the Owner shall not commence, nor allow
to be 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 requh'ed to be preserved by the approved Tree Preservation
Program is removed or is, in the opinion of the Town's Director of Community Services
and Facilities, damaged to such an extent that its value or longevity is decreased or is
likely to be decreased, then the Owner shall replace that tree with a tree of a height,
diameter and species determined by the Director; such replacement shall be at no cost to
the Town.
(6) The Owner's liability under subsection (5) shall continue until,
(a)
where the lands upon which the tree is located comprise a residential building
lot or block, twelve months after the completion of the sodding on the lot or
block, or
(b)
where the lands upon which the tree is located comprise lands other than a
residential building lot, the 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 respective Corporate Seals
attested to by the hands of their authorized officers.
SIGNED, SEALED & DELIVERED
COUGS INVESTMENTS LTD.
Jeremiah F. Coughlan, President
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Aixhurs, Mayor
Brace Taylor, Clerk
11
TLME LIMIT FOR WORK & GUARANTEE FOR WORKIVlANSHIP & MATERIAL<;
(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 Agreement;
(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 33(2).
(3) The Owner may preservice this project 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 Agreement;
(b) supplied a satisfactory liability insurance policy pursuant to section 18;
(c) supplied a satisfactory performance and maintenance security pursuant to
section 19;
(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 subsection 33(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 ereciion of permitted signs, or
(g) any combination thereof,
shall not require the prior written approval of the Town.
The Owner shall complete all works, services and requirements under this Agreement,
(a) within one year of the date of registration of the plan of subdivision if
preservicing (except preservicing limited to that described in subsections (2) or
(4), or both) has occurred with or without the Town's approval, or
(4)
(5)
12
(6)
(b)
within two years of that date if no preservicing (except prescrvicing 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 requa'ements
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.
DEMOLITION OF EXISTING BUILDINGS
All buildings and structures on the Lands shall be demolished by the Owner, at its sole expense,
prior to the issuance of any building permit.
CO-ORDINATED DEVELOPMENT - BLOCKS 29 to 32
(1)
The blocks descri.bed i~. Col?mn I of the foll.o, wing Table shall be developed by the
Owner only in conjunction wtth the lands described in Column II thereof, to provide the
number of units set out in Column III thereof:
1. Block 29 Block 51, Draft Plan 18T-86063 1
2. Block 30 Block 50, Draft Plan 18T-86063 1
3. Block 31 Block 19, Plan 40M-1554, Picketing 1
4. Block 32 Lot 1, Plan 40M-1554, Picketing 1
(2)
The development of the lands described in Items I, 2 and 3 of the Table in subsection
(l) shall be govemed by the provisions of this Agreemem.
(3)
The development of the lands described in Item 4 of the Table in subsection (1) shall be
governed by the provisions of the Town's Subdivision Agreemem affecting Plan
40M-1554, Picketing.
DWELLING UNIT COUNT
(i)
In the event that more than thirty-one units (one each on Lots 1 to 28 and one each on
the three lots formed by the consolidation of the blocks referred to in Items I, 2 and 3 of
the Table in section 3 of this Schedule) 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 thirty-one 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 17(1 ) and 31, and
(b) the amount of the security to be provided to the Town pursuant to section 28,
shall be pro-rated accordingly by the Town without an amendment to this Agreement.
(1)
Despite the provisions of section 1 of Schedule A, within the six months immediately
following the occupancy of the first dwelling unit to be occupied on any lot in this plan
adjacent thereto, the Owner shaii erect fencing along the rear lot lines of Blocks 32 and
31 and Lots I to 12.
(2)
Despite the provisions of subsection (1), where the occupancy of the fa-st dwelling unit
occurs in November or December of any year, the thne limit for construction of the
fencing shall be extended to June 30 in the following year.
(3)
The fencing segment required to be erected pursuant to subsection (1) shall be
galvanized steel chain link fence 1.8 metres high, having 0.05 meue 9 gauge mesh.
13
(4)
The fencing required to be erected by the Owner pursuant to this section shall be
constructed so as to meet or exceed the requirements for swimming pool enclosures as
set out in Pan H of the Town's By-Law 425/76, as amended from time to time, or any
successor thereto.
TEMPORARY TUI~G CIRCLE
(D
Notwithstanding the provisions of sections 11, 12 and 13 of this Agreement, the Owner
shall construct, at its sole expense and to the Town's specifications, a temporary turning
circle on Baylawn Drive immediately east of Block 33.
(2)
As the temporary turning circle referred to in subsection (1) will be required only if the
sequence of construction in this plan and adjacent plan(s) warrants it, the Director of
Public Works may waive the construction of the turning circle, at his sole discretion, if
that sequence does not warrant it.
(3)
The Owner shall remove, at its sole expense and to the Town's specifications, the
temporary mining circle located on Baylawn Drive immediately east of Block 23, Plan
40M-1554, Picketing, and shall replace that circle with permanent services as if that
portion of Baylawn Drive was a road in this plan.
CONTRIBUTION TO DOWNSTREAM SERVICE COSTS
The Owner shall, immediately prior to the registration of the plan, pay to the Town the sum of
$4,078 as its contribution to the cost of the consmsction and maintenance of the Pine Creek
Storm Water Management Project located between Highways 2 and 401.
14
SPECIAL PROVISIONS REQLqRED BY THE REGIONAL MUNICIPALITY OF DURHAM
The sections set out in this Schedule represem provisions not affecting the Town but required to
be inserted in this Agreement by the conditions of draft approval dated August 8, 1990, of Draft
Plan 18T-89054 (herein called the "Approval") by the Commissioner of Planning of the
Regional Municipality of Durham.
METROPOLFrAN TORONTO & REGION CONSERVATION AUTHORITY CM.T.R.C.A.")
M.T.R.C.A. requires that the Owner shall,
(a)
submit individual lot, site and grading plans for Lots 1 to 12, 22 to 25, and Block 31, to
the satisfaction of M.T.R.C.A.; and
(b)
prior to the initiation of any filling or grading or construction, erect a temporary snow
fence or other suitable barrier along the rear boundary of Lots I to 12 and along the
edge of Ontario Hydro's fight of way.
Ontario Hydro requires that the Owner shall,
(a)
install a permanent boundary fence along the common boundary with the Ontario Hydro
right-of-way to the satisfaction of Ontario Hydro after construction is completed (sic);
and
(b)
not permit encroachment onto Ontario Hydro's property or obstruct Ontario Hydro's
access to its own fight-of-way.
15
THIS SUBDMSION AGREEMENT made June 3, 1991.
BETWEEN:
COUGS INVESTMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Fown"
OF THE SECOND PART.
WHEREAS the Owner proposes to subdivide part of Lot 27, Concession 2, 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-89054, and is required, as a condition
of approval thereof to enter into a subdivision agreement with the Town pursuant to the Planning Act
1983, S.O. 1983, chapter 1, section 50(6);
NOW THEREFORE, THIS AGREEMENT WITNE$SETH, that in consideration of the Town
consenting to the registration of the proposed plan of subdivision, and the covenants hereinafter
expressed, the Parties hereto covenant and agree one with the other as follows:
The lands affected by this Agreement (the "Lands") are Lots I to 28, both inclusive, and Blocks
29 to 32, both inclusive, Plan 40M- , Picketing.
CANCELLATION OF AOREEMt~blT
In the event the plan of subdivision is not registered on or before December 31, 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.
(1)
Any notice requixed to be given hereunder may be given by personal delivery or
registered mail,
(a) in the case of the Owner, to
The President
Cougs Investments Limited
27 Buggey Lane
R. R. #1
Picketing, Ontario
L1V 2P8
and
(b) in the case of the Town, to
The Town Clerk
The Corporation of the Town of Pickering
Pickering Civic Complex
One The Esplanade
Picketing, Ontario
LIV 6K7
(2)
(3)
Each Paxty may redesignate the person or the address, or both, to whom or to which
such notice may be given by giving written notice to the other.
Any notice given in accordance with this section shall be deemed to have been given on
the f'Lrst business day following the day of delivery or the day of mailing, as the case
may be.
o
(l)
Whenever in this Agreement the word "Owner" or the pronoun "it" is used, it shall be
read and construed as "Owner or Owners" or "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.
o
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 ticence from any subsequent purchaser of the Lands, or any part
thereof, to enter upon the Lands in order to comply with the provisions of this Agreement.
OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good workmanlike 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.
CONSULTING ENGI~IEERS
(l)
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.
(3)
This provision shall not be construed so as to prevent the Owner from changing from
one Consulting Engineer to another at any time or times during the development and
construction of the project, so long as the Owner has a Consulting Engineer retained at
all times.
10.
(1)
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 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 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 sufftcient size and depth and at
locations either within or outside the Lands to service the Lands and the lands outside
thereof which, in the opinion of the Director of Public Works, wilt require its use as a
tnmk outlet.
(3)
(4)
(5)
Should, in the opinion of the Director of Public Works, an inadequate stream or
structure exist in the outlet system outside the Lands, the Owner may be required to
cany out such works as are necessary to provide an adequate outlet.
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.
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.
I 1. ROADS - ROUGH GRADE
(1)
Prior to the installation or construction of the municipal services provided for herein,
the Owner shall rough grade Baylawn Drive to the full width.
(2)
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.
12.
(1) The Owner shall construct Baylawn Drive.
(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 Baylawn
Drive 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 arc subject to the approval of the Town's Director of
Public Works.
13.
(1)
The Owner shall construct, reconstruct or repair, as the case may be, curbs and gutters
on Baylawn Drive 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 ftll in the original curb
depression.
14.
(1)
The Owner shall construct the following segments of sidewalk, in each case within six
months immediately following the occupancy of the first dwelling unit to be occupied
on any lot or block adjacent to that segmem, despite the provisions of section I of
Schedule A:
(a) on the north side of Baylawn Drive adjacent to Lots 13 to 21;
(b)
on the north side of Baylawn Drive adjacent to Lots 22 to 28 and Blocks 29 and
30;
(c) on the south side of Baylawn Drive adjacent to Block 31 and Lots I to 7; and
(d) on the south side of Baylawn Drive adjacent to Lots 8 to 12 and Block 34.
(2)
Despite the provisions of subsection (1), where the occupancy of the fncst dwelling unit
occurs in November or December of any year, the time limit for construction of the
adjacent sidewalk segment shall be extended to June 30 in the following year.
3
(3) The Owner shall maintain each sidewalk segment until it is formally accepted 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 u.ndergrou.nd .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.
16.
(1) The Owner shall install street lights, including poles and other necessary appurtenances,
on Baylawn Drive.
(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.
O)
Prior to the registration of the plan, the Owner shall pay to the Town the sum of $1,085
as an engineering drawing inspection fee,
(2)
All works required to be constructed, maintained or repaired by the Owner, except those
referred to in sections 15 and 16, shall be constructed, maintained or repaired 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 necessm-ily be limited to,
salaries and wages of Inspectors, testing fees and administration fees.
18.
LIABILITY INSURANCE
(~)
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
indenmifying 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 prenfium 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.
19.
PERFORMANCE & MAINTENANCE GUARANTEE
Before commencing the consuuction, 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,
4
(a) guaranteeing the satisfactory construction, installation or performance of the
works;
(2)
(3)
(4)
(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.
The Owner may, at any time after the fa'st 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.
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
(c) seventeen per cent (17%) of the original value where,
(i)
a certificate of final completion has been made by the Owner's
Consulting Engineer;
(ii) 45 days following the making of such certificate have expired; and
(iii)
all liens that may be claimed against any holdback required to be
retained by the Town have expired or have been satisfied, discharged
or provided 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 returned 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
~)rovided in subsection 1, the Town Manager or the Town Treasurer shall provide to the
wner any necessary assurance to effect the reduction.
20.
STORMWATER CONTROL. 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, with a Grading
Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed
grading of the lands within the plan to provide for the proper drainage thereof and the
drainage of all adjacent lands which drain through the lands in the plan.
5
(2)
(3)
(4)
(5)
(6)
The Grading Control Plan shall be prepared in accordance with the Town's Lot
Drainage Specifications in effect at the date of thi~ Agreement, and shall not provide for
the drainage of surface run-off water onto Town-owned parkland, open space or
walkways unless provision is made for the installation by the Owner, at no cost to the
Town, of suitable swales and catch basins to manage adequately, in the opinion of the
Town's Director of Community Services and Facilities, that surface nm-off water.
The Grading Control Plan shall be reviewed in consultation with the Environmental
Assessment Report referred to in subsection (1) and is subject to the approval of the
Town's Directors of Public Works and Community Services and Facilities and the
Metropolitan Toronto and Region Conservation Authority.
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.
If, in the opinion of the Director of Public Works, drainage problems occur prior to
formal acceptance of the works by the Town, the Owner shall correct them by
re-grading or by the construction of catch basins, swales or other structures as may be
necessary to correct such problems.
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.
21.
INCOMPLETED OR FAULTY WORK
(1)
If, in the opinion of the Director of Public Works, the Owner is not prosecuting or
causing to he 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 prompdy
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.
(2)
In cases of emergency, in the opinion of the Director of Public Works, such work may
be done without prior notice but the Owner shall be forthwith notified.
(3)
The cost of such work shall be calculated by the Director of Public Works whose
decision shall be fmal.
(4)
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.
22.
TRANSFERS - CONVEYANCES
(1)
The Owner shall convey, or cause to be conveyed, to the Town, free and clear of all
encumbrances and at no cost to the Town, upon the registration of the plan or within the
30 days immediately following the registration thereof, all of,
6
(a) that part of Lot 27, Concession 2, Picketing, designated as Pan 2, Plan
40R-13525 (open space); and
(2)
(b) Blocks 33 and 34 (Baylawn Drive reserves).
Notwithstanding the provisions of subsection (1), above, the transfer required therein
shall not be deemed to be subject to an encumbrance ff that encumbrance relates in any
way to the existence or maintenance of a public utility in operation as of the date of this
Agreement.
23.
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 Lands and across lands adjacent thereto but outside those 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.
GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave all driveway approaches between the curb and sidewalk.
(b) Cominuation of Existing Services
Where the construction of services herein involves a continuation to existing services,
to join into the same, including adjustment of grades where necessary, in a good and
workmanlike manner.
(c) Public Lands - Fill & Debris
(i)
Neither to dump nor to permit to be dumped, any fill or debris on, nor to
remove or pernut to be removed, any f'fll from any 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.
On request, to supply the Town whh an acknowledgement from such authority
of the Owner's compliance with the terms of sub-clanse (i).
(iii)
That there shall be no burning of refuse or debris upon its lands or any public
lands.
(d) Qualitative or Quantitatiw 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.
(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.
7
(g)
(h)
(i)
O)
(k)
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
Works.
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, if any,
noted thereon.
Snow Plowing & Salting of Roads
(i)
If, in the opinion of the Director of Public Works, the condition of the road
surface of Baylawn Drive is not acceptable for winter control, to snow plow
and salt such road from any occupied buildings to existing public roads that
receive winter control service.
(ii)
Such snow plowing and salting shall be done from time to time when the
Director of Public Works deems conditions warrant and until such time as the
road is acceptable to the Director of Public Works for winter control.
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.
25.
CONSTRUCTION & OCCUPANCY OF_B UILDINGS
(1)
No building permit shall be issued for any building or part of a building on the Lands
until,
(a)
sewer and water facilities are available, and in the opinion of the Dffector 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 part thereof and extended to an existing maintained road.
(2)
No building or part of a building on the Lands shall be occupied except upon the
issuance of a municipal occupancy permit.
(3) . No application for a municipal occupancy permit for a building or part of a building
shall be made except upon the following conditions:
(a)
storm sewer, sanitary sewer and water facilities are installed and in operation to
adequately serve such building or part thereof;
(b) electric service is completed and in operation; and
(c)
such curbs, as in the opinion of the Director of Public Works, are required to be
completed prior to occupancy have been constructed on the road immediately
in front of the building or part thereof and extended to an existing maintained
public road.
(c)
(d)
To pay interest at the rate of eighteen per cent (18%) 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.
Topay all registration costs incurred by the Town relating in a~.y way to the registration
of th.e~.lan of subdivision or any other related documentation, including lxansfers, in the
Land Tides Office.
Upon applying fo.r £mal acceptance of the subdivision, to. supply the To .w~. with a
Statutory Declaration that all accounts for work and materials .have been pa~d, except
normal gnarantee holdbacks, and there are no claims for hans or otherwise in
connection with such work done or material supplied for or on behalf of the Owner in
connection with the subdivision, or if such claims do exist, the Owner shall indemnify
the Town against all claims, actions or demands for liens or otherwise and all costs in
connection therewith.
30. EXPIRY OF SECURITIES
(D
Should any security requked 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 shall bc to the satisfaction of the Town·
(3)
Should no such further security he provided as required, then the Town shall have the
right to convert the expiring security into cash and hold the cash in lieu of and for the
same purposes as any further security.
31.
PROVISION OF PARKLAND
(1)
As a result of the transfer to the Town of that part of Lot 27, Concession 2, Pickering,
designated as Part 1, Plan 40R-13525, as parkland, pursuant to the provisions of the
Subdivision Agreement affecting Draft Plan 18T-89052(R), now Plan 40M- ,
Pickering, the Owner has a parkland credit of 0.3058725 hectares which may be applied
to the Town's future parkland requirements for the development of lands in Lot 27,
Concession 2, Pickering, including the Lands herein.
(2)
A portion of that credit, name!y 0.1536848 hectares, shall he accepted by the Town in
full satisfaction of the Owner s obligation to provide parkland for the development of
Lots 1 to 28 and the lots comprising in pan Blocks 29, 30 and 31 in this plan.
(3)
Following the registration of this plan, therefore, the Owner's parkland credit shall be
0.1521877 hectares.
32.
(i)
The Owner shall plant on Baylawn Drive adjacent to the Lands thirty-one trees of a size
and type acceptable to the Town.
(2)
A schedule of the Owner's tree planting scheme shall he 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 thirty-one trees to be planted, the Owner shall pay to
the Town $175 for every tree which cannot be planted for tree planting in a public land
area within the community in which the plan is located.
10
33.
TREE PRESERVATION
(1)
The Owner shall retain, at its own expense, a qualified expert to prepare a tree inventory
and a Tree Preservation and Transplanting Program indicating which existing trees on
the Lands shall be preserved.
(2)
The Program shall be submitted to the Director of Planning for review and approval by
the Director of Conununiry Services and Facilities, and, once approved, shall be
implemented as approved only.
(3)
In determining whether or not to approve the Program, the Director shall be governed
by the Town Tree Preservation Policy in effect at the date hereof.
(4)
Until such time as the Program is approved, the Owner shall not commence, nor allow
to be 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 Director of Community Services
and Facilities, damaged to such an extent that its value or longevity ia decreased or is
likely to be decreased, then the Owner shall replace that tree with a tree of a height,
diameter and species determined by the Director; such replacement shall be at no cost to
the Town.
(6) The Owner's liability under subsection (5) shall continue until,
(a)
where the lands upon which the tree is located comprise a residential building
lot or block, twelve months after the completion of the sodding on the lot or
block, or
(b)
where the lands upon which the tree is located comprise lands other than a
residential building lot, the 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 respective Corporate Seals
attested to by the hands of their authorized officers.
SIGNED, SEALED & DFJ.~'ERED
COUGS INVESTMENTS LTD.
Jeremiah F. Coughlan, President
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
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, soll 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 Agreement;
(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 33(2).
(3) The Owner may preservice this project 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 Agreement;
(b) supplied a satisfactory liability insurance policy pursuant to section 18;
(c) supplied a satisfactory performance and maintenance security pursuant to
section 19;
(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 subsection 33(2).
Despite the provisions of subsections (2) and (3), preservicing limited to,
(a) makiqg 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 purn'2¥~~ ~:~ or
(g) any combination thereof,
shall not require the prior written approval of the Town.
The Owner shall complete all works, services and requirements under this Agreement,
(a) within one year of the date of registration of the plan of subdivision if
preservicing (except preservicing limited to that described in subsections (2) or
(4), or both) has occurred with or without the Town's approval, or
(4)
(5)
12
(6)
(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 s.hall .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 a period of two years from the date that the works, services
and requirements are approved in writing by the Town.
o
DEMOLITION OF EXISTING BUILDINGS
All buildings and structures on the Lands shall tm demolished by the Owner, at its sole expense,
prior to the issuance of any building permit.
CO-ORDINATED DEVELOPMENT - BLOCKS 29 to 32
(1)
The blocks described in Col.unm I of the following Table shall be developed by the
Owner only in conjunction w~th the lands described in Column II thereof, to provide the
number of units set out in Column Iii thereof:
1. Block 29 Block 51, Draft Plan 18T-86063 1
2. Block 30 Block 50, Draft Plan 18T-86063 1
3. Block 31 Block 19, Plan 40M-1554, Pickering 1
4. Block 32 Lot 1, Plan 40M-1554, Picketing I
(2)
The development of the lands described in Items I, 2 and 3 of the Table in subsection
(1) shall be governed by the provisions of this Agreement.
(3)
The development of the lands described in Item 4 of the Table in subsection (I) shall be
governed by the provisions of the Town's Subdivision Agreement affecting Plan
40Mol 554, Picketing.
DWELLING UNIT COUNT
In the event that more than thirty-one units (one each on Lots I to 28 and one each on
the three lots formed by the consolidation of the blocks referred to in Items I, 2 and 3 of
the Table in section 3 of this Schedule) 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 thirty-one 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 17( 1 ) and 3 I, and
(b) the amount of the security to be provided to the Town pursuant to section 28,
shall be pro-rated accordingly by the Town without an amendmem to this Agreement.
(1)
Despite the provisions of section 1 of Schedule A, with~ the six months immediately
following the occupancy of the first dwelling unit to be occupied on any lot in this plan
adjacent thereto, the Owner shall erect fencing -along the rear lot lines of Blocks 32 and
31 and Lots 1 to 12.
(2)
Despite the provisions of subsection (1), where the occupancy of the fn'st dwelling unit
occurs in November or December of any year, the time limit for construction of the
fencing shall be extended to Sune 30 in the following year.
(3)
The fencing segment required to be erected pursuant to subsection (1) shall be
galvanized steel chain link fence 1.8 metres high, having 0.05 metre 9 gauge mesh.
13
(4)
The fencing required to be erected by the Owner pursuant to this section shall be
constructed so as to meet or exceed the requirements for swimming pool enclosures as
set out in Part H of the Town's By-Law 425/76, as amended from time to time, or any
successor thereto.
TEMPORARY TURNING CIRCLE
(1)
Notwithstanding the provisions of sections 11, 12 and 13 of this Agreement, the Owner
shall construct, at its sole expense and to the Town's specifications, a temporary turuing
circle on Baylawn Drive immediately east of Block 33.
(2)
As the temporary turning circle referred to in subsection (1) will be required only if the
sequence of constmction in this plan and adjacent plan(s) warrants it, the Director of
Public Works may waive the construction of the turning circle, at his sole discretion, if
that sequence does not warrant it.
(3)
The Owner shall remove, at its sole expense and to the Town's specifications, the
temporary turning circle located on Baylawn Drive immediately east of Block 23, Plan
40M-1554, Picketing, and shall replace that circle with permanent services as if that
portion of Baylawn Drive was a road in this plan.
CONTRIBUTION TO DOWNSTREAM SERVICE COSTS
The Owner shall, immediately prior to the registration of the plan, pay to the Town the sum of
$4,078 as its contribution to the cost of the construction and maintenance of the Pine Creek
Storm Water Management Project located between Highways 2 and 401.
14
SPECIAL PROVISIONS REQUIRED BY THE REGIONAL MUNICIPALITY OF DURHAM
The sections set out in this Schedule represent provisions not affecting the Town but required to
be inserted in this Agreement by the conditions of draft approval dated August 8, 1990, of Draft
Plan 18T-89054 (herein called the "Approval") by the Commissioner of Planning of the
Regional Municipality of Durham.
M~51'ROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A."}
M.T.R.C.A. requires that the Owner shall,
(a) submit individual lot, site and grading plans for Lots 1 to 12, 22 to 25, and Block 31, to
the satisfaction of M.T.R.C.A.; and
(b) prior to the initiation of any lVflling or grading or construction, erect a temporary snow
fen~ or other suitable barrier along the rear boundary of Lots 1 to 12 and along the
edge of Ontario Hydro's fight of way.
Ontario Hydro requi~s that the Owner shall,
(a)
install a permanent boundary fence along the common boundary with the Ontario Hydro
fight-of-way to the satisfaction of Ontario Hydro after construction is completed (sic);
and
(b)
not permit encroachment onto Ontario Hydro's property or obstruct Ontario Hydro's
access to its own fight-of-way.
15
SC~]~DUT.~ B
Transfer/Deed of Land
Page I of pages
Block Property
A
Form 1 -- Limd Reglst~#on Reform Act, 1~4
(3) Pr~
A~t~l:
m Do~lam $
(5) De~pllon This is a: Pro~y Pro~y
Division ~ Con~tidation ~
New Property Identifiers
Additional:
See
Schedule
See
Schedule []
(6) This (a) Redeecription (bi Schedule for: (7) Intemlt/Estale Tranafen'ed
Doc~rnent New Easement Additional Fee Simple
Contains Plan/Sketch [] i Description [] Parties [] Other [] E~t
(8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
Date of Signature
~1~(~) ......................................... ~i~t~r~isi ......................... Y M D
Spouse{s) et Translerorls) I hereby consent to this transaction Date of S~gnature
Name(s) Signature(s) Y M D
(10) Transl.-or(s) Address
for Sewlce
>(11) Transferee(s) Date of Birth D~
Y M
THE CORPORATION OF THE I
(12) Tr~naferee(a) Address
fo, Ser~e Pickering Civic Centre, One The Esplanade, Picketing, Ontario LlV 6K7
> <
(13) Tranaleror(l) The transferor verihes 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
Signature ......................... l, ...... I... ~... ! Signature ........................... i ......
[ Sollciter t~' Translator(s) t have explained the effect of section 49 of the Planning Act, 1983 to the transferor end I have made inquiries of the b'ansferor
~ to determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge
Z~ end belief, this transfer does not contravene that section, I am an Ontario solicitor in good standing. Date of Signature
O J Name and ~ Y : M ; D
~ J '~ I (14) $ollcllo~ for Tmr~leree(a) I have investigated the title to this land and to abutling land where relevant and I am set,shed that the btle records
~ ~ reveal no contravention as set out in subclause 49 (21a) (cf (ii) of the Planning Act, 1983 and that to the pest of my knowled e and belief this
~ ~ ~' transfer does not contravene section 49 of the Planning Act 1 ~. I act independently of the solicitor for the transferor(s) anvil am an Ontario
E. | E ~ ~ [ solicits' in good standing.
Ne e and Date of
Ix~ ~ ] Address of Y
I,~l Solicitor ::
I I
(1S) Aseesement Roll Number i Cry. iMun! Map
of Properly i ; i
~'(16) Municipal Addresa of Properly : : :
· Sub Par
C.M. Timothy Sheffield
Town Solicitor
To, a~ of Pickering
One The Esplanade
Picke_ring, Ontario
L1V
Fr
Registration Fee
i ILand Transfer T~x
Schedule
From '; -- Land Reg~,,tralkm Refrain Act,
P~
rAd~ Property Idefltfflec(~) amd/or Oth~' Info~
S
II~TEREST/ESTATE TRANSFERRED
The Transferor hereby transfers to the Transferee the free, 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
p :e or remove any fill on or from any part of the lands without the express
w tten 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.
T}'e burden of this Transfer and of all the covenants contained herein shall run
w:_h 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.