HomeMy WebLinkAboutBy-law 3740/91THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW. LO, 3740/91
Being a by-law 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 33, Range 3, Broken Front Concession, Pickering
(Cougs Investments Ltd.; 18T-88100).
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 33, Range 3, Broken
Front Concession, Pickering, 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-88100, 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 Picker'mg 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 Picketing, respecting the development of paxt of Lot 33, Range 3, Broken Front
Concession, Picketing (Draft Plan 15T-88100).
The Corporation of the Town of Pickering shall acquire those lands described in section 23 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 Picketing shall acquire interests in the nature of
easements over those lands described in section 24 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 Pickering of the interests referred to in subsection (1).
BY-LAW read a first, second and third time and f'mally passed this 2St& day JLlna, 1¢91o
TOWN OF
PlCKERING,
APPROVED
LEGAL DEPT.
SCHEDULE A
THIS SUBDIVISION AGREEMENT made June 17, 1991.
BETWEEN:
COUGS INVESTMENTS LTD.
hereinafter 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 Lot 33, Range 3, Broken Front Concession, 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-88100, 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 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 and 30, both inclusive, Plan 40M- , Picketing.
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 fmxher 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. C~gxio
LIV 2P8
and
(b) in the case of the Town, to
The Town Clerk
The Coq)oration of the Town of Pickering
Pickering Civic Complex
One The Esplanade
Picketing, Ontario
LIV 6K7
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(2)
(3)
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 first business day following the day of delivery or the day of mailing, as the case
may be.
O)
Whenever in this Agreement the word "Owner" or the pronoun "it" is used, il 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.
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 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 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 com,olete 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 Fawndale Road in Plan 40Mo1502, 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 effec~ 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.
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(2)
(3)
(5)
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.
Should, in the opinion of the Director of Public Works, an inadequate stream or
structure exist in the outlet 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 system by the Town.
No connection under subsection (4), above, shall be undertaken or authorized prior to
preliminary acceptance of the system by the Town, except in an emergency.
11. ROADS - ROUGH GRADE
(1)
Prior to the installation or construction of the municipal services provided for herein,
the Owner shall rough grade to their full width Fawndale Road and Stover Crescent in
the plan and Fawndale Road in Plan 40M-1502.
(2)
The Owner shall keep all boulevards clear and free of materials and obstructions which
might interfere with the installation of eleclxic, telephone, gas or other utilities.
12.
The Owner shall construct Fawndale Road and Stover Crescent in the plan and
Fawndaie Road in Plan 40M-1502.
(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 t~dpes.
(3)
The Owner shall erect and maintain adequate signs to warn all persons using Fawndale
Road and Stover Crescent in the plan and Fawndale Road in Plan 40M-1502 that the
maintenance of them has not been assumed by the Town from the time that they are
opened until formal assumption by the Town.
(4)
Such signs and the location thereof are subject to the approval of the Town's Director of
Public Works.
13.
(1)
The Owner shall construct, reconstruct or repair, as the case may be, curbs and gutters
on Fawndale Road and Stover Crescent in the plan and Fawndale Road in Plan
40M-1502 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 fLll 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 segment, despite the provisions of section I of
Schedule A:
(a)
on the west side of Fawndale Road adjacent to Lot 10, Plan 40M-1502 and Lot
I in this plan;
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(b) on the east side of Fawndale Road adjacent to Block 12, Plan 40M-1502 and
Lots 22 to 28 in this plan; and
(2)
(3)
(c)
on the east and north sides of Stover Crescent and the west side of Fawndale
Road adjacent to Lots 11 to 21 in this plan.
Despite the provisions of subsection (1), where the occupancy of the lb'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 June 30 in the following year.
The Owner shall maintain each sidewalk segment until it is formally accepted by the
Town.
t5.
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, Pickering Cable T.V. Limited or Bell
Canada, as the case may be.
16.
(D
The Owner shall install street lights, including poles and other necessary appurtenances,
on Fawndale Road and Stover Crescent in the plan and Fawndale Road in Plan
40M- 1502.
(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.
17.
(1)
Prior to the registration of the plan, the Owner shall pay to the Town the sum of $980 as
an engineering drawing inspection fee.
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 necessarily 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
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.
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(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
(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 fu'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 T~asurer.
(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
(c) seventeen per cent (17%) of the original value where,
(i)
a certificate of f'mal 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.
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(4)
Upon the approval, if any, of a reduction in the amount of the security required to be
provided in subsection (1), the Town Manager or the Town Treasurer shall provide to
the Owner any necessary assurance to effect the reduction.
20.
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.
(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 run-off water.
(3)
The Grading Control Plan is subject to the approval of the Town's Directors of Public
Works and Community Services and Facilities.
(4)
The grading of all lands shall be carried out by the Owner in accordance with the
approved Grading Control Plan, under the supervision of the Owner's Consulting
Engineer.
H, in the opinion of the Direclor of Public Works, drainage problems occur prior to
formal acceptance of the works by the Town, the Owner shall correct them by
m-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.
21. ].~N~OMPLETED OR FAULTY WORK
(l)
If, in the opinion of the Director of Public Works, the Owner is not prosecuting or
causing to be prosecuted the work in connection with this Agreement within the
specified time, or in order that it may be completed within the specified time, or is
improperly performing the work, or shall the Owner neglect or abandon it before the
completion, or unreasonably delay the same so that the conditions of this Agreement are
being violated or carelessly executed, or in bad faith, or shall the Owner neglect or
refuse to renew or again perform such work as may be rejected by the Director of Public
Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion
of the Director of Public Works, make default in performance of the terms of this
Agreement, then in any such case, the said Director of Public Works shah 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 D. ir?ctor of Public Works shah 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 shah be forthwith notified.
(3)
The cost of such work shall be calculated by the Director of Public Works whose
decision shall be f'mal.
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(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.
The Owner shall dedicate Fawndale Road and Stover Crescent as public highways under the
jurisdiclion of the Town upon the registration of thc plan.
23.
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,
(a) Blocks 31 and 34 (Stover Crescent reserves); and
(b) Block 32 (Fawndale Road reserve).
(2)
Notwithstanding the provisions of subsection (1), above, the transfer required therein
shall not be deemed to be subject to an encumbrance if that encumbrance relates in any
way to the existence or maintenance of a public utility in operation as of the date of this
Agreement.
24. TRANSFERS - EASEMENTS
(1)
The Owner shall arrange at no cost to the Town for granting to the Town such
easements as the Director of Public Works or his designate 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.
25.
GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a)
(b)
(c)
Paving of Driveway Approache&
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.
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.
Public Lands - Fill & Debris
(i)
Neither to dump nor to permit to be dumped, any fill or debris on, nor to
remove or permit to be removed, any fill from any public lan, ds, other than in
the actual construction of roads in the plan of subdi'viaion w~thout the written
consent of the authority responsible for such lands.
(ti)
On request, to supply the Town with an acknowledgement from such authority
of the Owner's compliance with the terms of sub-clause (i).
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(iii) That there shall be no burning of refuse or debris upon its lands or any public
lands.
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
_Oualitative or Ouantitative 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.
Relocation of Services
(i)
To pay the cost of relocating any existing services and utilities caused by the
subdivision work within 30 days of the account for same being rendered by the
Town.
(ii)
Similarly to pay the cost of moving any services or utilities installed under this
Agreement in driveways or so close thereto, in the opinion of the Director of
Public Works, as to interfere with the use oft. he driveway.
Specifications
Unless otherwise provided, to perform any work required to be done under this
Agreement to the specifications of the Town in effect at the date hereof.
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 Fawndale Road or Stover Crescent within the plan or Fawndale
Road in Plan 40M-1502 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.
Surv~yMo~ume~ts&Marker~
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.
26.
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) No building permit shall be issued for any building or part of a building on the Lands
until,
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(a) sewer and water facilities are available, and in the opinion of the Director of
Public Works, capable of providing adequate service; and
(2)
(3)
(4)
(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.
No building or part of a building on the Lands shall be occupied except upon the
issuance of a municipal occupancy permit.
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 pall 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 constxucted on the road immediately
in front of the building or pm thereof and extended to an existing maintained
public road.
The Owner shall maintain vehicular access to all occupied buildings on the Lands until
Fawndale Road and Stover Crescent within the plan and Fawndale Road in Plan
40M-1502 axe formally assumed by the Town.
27.
(1)
The Owner shall, prior to the issuance of any building permit for the construction of any
residential unit on the Lands, submit to the Town's Director of Planning, for approval, a
report outlining siting and architectural design objectives for the subdivision, which
approval shall not be unreasonably withheld.
(2)
The report referred to in subsection (1) may be required, at the Director's option, to
provide the foUowing information:
(a)
(b)
(c)
(d)
(e)
(13
(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 d~awings 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)
(f)
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 be preserved;
streetscape for front and rear elevation at a scale acceptable to the Director;
streetscape to show all street fumiture and vegetation;
the relationship of buildings by blocks; and
any other data or information reasonably required.
28.
FINANCIAL PAYMENTS
(1)
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 dweUing unit.
(2)
The amount of the unit levy or development charge payable under subsection (1), above,
for each dweUing unit shall be,
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(a)
(b)
$3,250, if the Town has not, before the date of payment, enacted a
Developmem Charge By-law pursuant to section 3(1) of the Development
Charges Act 1989, S.O. 1989, chapter 58, or
the applicable amount of such developmem charge according to the Town's
Development Charge By-law, if, before the date of payment, the Town has
enacted such a by-law.
29.
FINANCIAL SECURITY
The Owner shall, immediately prior to the registration of the plan, deposit with the Town, a
security payable to the Town, in a form satisfactory to the Town, for the sum of $91,000 as
security for the payments referred to in section 28 hereof.
30.
GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) T~es
To pay the taxes in full on all the lands in the plan of subdivision as required by law
from time to time.
(b)
To prepay prior to the registration of the plan any outstanding local improvement
charges levied against any of the lands in the plan of subdivision.
(c) ~
To pay interest at the rate of eighteen l~r cent (18%) per annum to the Town on all
sums of money payable herein which are not paid on the due dates calculated from such
due dates.
(d) ~
To pay all registration costs incurred by the Town relating in any way to the registration
of the plan of subdivision or any other related documentation, including transfers, in the
Land Titles Office.
(e) Lien or Other Claims
Upon applying for final acceptance of the subdivision, to supply the Town with a
Statutory Declaration that all accounts for work and materials have been paid, except
normal guarantee holdbacks, and there are no claims for liens or otherwise in
connection with such work done or material supplied for or on behalf of the Owner in
connection with the 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.
31.
EXPIRY OF SECURITIF~
(1)
Should any security required to be given under the terms of this Agreement expire
during the currency of the Agxeemem, 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
fight to convert the expiring security into cash and hold the cash in lieu of and for the
same parposes as any further security.
32.
PROVISION OF PARKLAND
Prior to the registration of the plan, the Owner shall pay to the Town the sum of $51,450 in cash
or by certified cheque, which sum the Town shall accept in satisfaction of the Owner's
obligation to provide parkland.
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33. ~
(1)
The Owner shall plant on roads within or adjacent to the plan twenty-eight 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 trees approved by the Town shall be planted by the Owner when the boulevaxd into
which they are to be planted is sodded.
(4)
If the density is too great to enable twenty-eight 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.
34. 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 in the plan shall be preserved.
(2)
The Program shall be submitted to the Director of Planning for review and approval by
the Director of Commtmity Services and Facilities, and, once approved, shall he
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 he 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
1 of Schedule A of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have hereunto affLxed theft respective Corporate Seals
attested to by the hands of their authorized officers.
SIGNED, SEALED & DELIVERED
COUGS INVF3TMENTS LTD.
3eremiah F. CougMan, President
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
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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
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 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 34(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 34(2).
Despite the provisions of subsections (2) and (3), preservicing limited to,
(a) maldng 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,
shall not require the prior written approval of the Town.
The Owner shall complete all works, services and requirements under this Agreement,
(4)
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(6)
(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
(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 us~ in
the construction, installation or completion of ail 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.
I)EMOLITION OF EXISTING BUILDINGS
All buildings and structures on the lands in the plan of subdivision shall be demolished by the
Owner, at its sole expense, prior to the issuance of any building permit.
RESERVED ~ DEVELOPMENT BLOCKS - BLOCKS 29 and 30
(1)
Blocks 29 and 30 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
limited to, a condition requiring an amendment to this agreement.
(2)
Until Blocks 29 and 30 are developed, the Owner shall maintain them in a clean and
orderly condition to the satisfaction of the Town.
DWELLING UNIT COUNT
(1) In the event that more than twenty-eight units (one each on Lots I to 28) 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 twenty-eight 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), 28 and 32, and
(b) the amount of the security to be provided to the Town pursuant to section 29,
shall be pro-rated accordingly by the Town without an amendment to this Agreement.
CONSTRULTIION TRAFHC ACCESS
(1)
Construction traffic serving the development of this plan (including the construction of
buildings therein) and of Fawndale Road in Plan 40M-1502 shall not use Fawndale
Road in Plan 40M-1443, except where such use is restricted to the actual construction,
reconstruction, installation or connection of works and services in or on Fawndale Road
in Plans 40M-1443 or 40M-1502.
(2) Consu'uction traffic shall access this plan directly from Ahona Road.
(3)
Vehicle barriers presently existing on Fawndale Road in Plan 40M-1443 shall remain in
place until removal is authorized by the Town.
TEMPORARY TURN~G CIRCLES
(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 turning
circle on,
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(3)
(a) Fawndale Road immediately south of Block 32, and
(b) Stover Crescent immediately south of Block 31.
As the temporary turning circles 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 any turning circle, at his sole discretion, if
that sequence does not warrant it.
The Owner shall remove, at its sole expense and to the Town's specifications, any
temporary turning circle located immediately adjacent to the plan on a public highway
to be extended by the Owner into the plan, and replace it with permanent services as if
the highway were a road in this plan.
CONTRIBLFFION TO DOWNSTREAM SERVICE COSTS
The Owner shall, immediately prior to the registration of the plan. pay to,
(a) Alastair Mackay Realty Inc., the sum of $5,085;
(b) Meadowcli.ffe Homes, the sum of $25,2'74,
being the portions of the costs to those companies of the acquisition of the Altona Road
Detention Pond (Mackay Realty) and the construction of the Altona Road Detention Pond
(Meadowcliffe) and the Altona Trunk Storm Sewer (Meadowcliffe), which benefit the lands in
this plan.
CONTRIBUTION TO ALTONA ROAD SERVICES
The Owner shall, immediately prior to the registration of the plan, pay to the Town the sum of
$7,308 as its contribution to the Town's furore cost of providing a sidewalk ($5,164) and street
light upgrading ($2,144) on the east side of Altona Road adjacent to the plan.
10. NOISE ATI'ENUATION MEASURES
In the development of this plan, the Owner shall implement the noise attenuation
measures recommended in the acoustic report dated , 1990, prepared by
Professional Engineers.
(2)
Upon the completion of the implementation of those measures, the Owner shaLl provide
to the Town's Director of Planning a Certificate of Compliance from a Professional
Engineer stating that those noise attenuation measures have been implemented in
accordance with that report.
(3)
Prior to the registration of the plan, the Owner shall provide to the Town an irrevocable
letter of credit issued by a chartered bank in Canada in a form satisfactory to the Town
in the amount of $ , pursuant to which the Town may draw any amount up to the
full amount thereof in the event that the Owner fails to provide the Certificate of
Compliance required under subsection (2) within three years of the registration of the
plan.
(4)
The Owner shall keep the letter of credit in good standing at all times and, should the
Town draw upon it at any time, the Owner shall forthwith increase the face value
thereof by the amount of the draw.
(5)
Any draw upon the letter of credit made by the Town pursuant to subsection (3) shall be
deemed to be ~ penalty for the breach by the Owner of its obligations hereunder and
shah not absolve the Owner from complying with the provisions of this section.
(6)
Upon receipt of the Certificate of Compliance required under subsection (2), the Town
shah return the letter of credit to the Owner, but under no circumstances shall any
amount drawn upon it by the Town be returned or refunded to the Owner or to any other
person.
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(7) Thc Owner shall indemnify and save harmless the Town,
(a)
from any loss, inconvenience or damage which may result from the Owner
failing to comply with any provision of this section; and
(b)
against any action or claim made against the Town by any person arising out of
the implementation or non-implementation of the noise attenuation measures or
out of the execution of this Agreement with this section in it.
(The amount of the letter of credit required by section 10 of this Schedule shall be twice the
Professional Engineer's estimate of the cost of the implementation of the recommended noise
attenuation measures. While the letter of credit must be posted for over three years, a one year letter
will be accepted if it is automatically renewable annually until the Town advises otherwise.)
(The amounts set out in sections 7 and 8 of this Schedule are valid as of March 31, 1991, and are
subject to adjustment in accordance with the Southam Construction Cost Index, Ontario Series,
Composite Portion,from that date to the date of payment.)
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SPECIAL PROVISIONS REOUIRED BY THE REGIONAL MUNICIPALITY OF DURHAM
The section set out in this Schedule represents a provision not affecting the Town but required to
be inserted in this Agreement by the conditions of draft approval dated September 19, 1989, of
Draft Plan lgT-gS100 (herein called the "Approval") by the Commissioner of Planning of the
Regional Municipality of Durham.
MINISTRY OF NATURAL RESOURCES ("M.N.R,")
M.N.R. requires that the Owner,
(a) carry out, or cause to be carried out, to the satisfaction of M.N.R., the recommendations
referred to in the report as required in Condition 15 of the Approval; and
(b) maintain all stormwater management and erosion and sedimentation control structures
operating and in good repair during the construction period, in a manner satisfactory to
M.N.R.
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