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HomeMy WebLinkAboutBy-law 3432/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO~432 /90 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 27, Concession 2, Picketing (Draft Plan 18T-86063 - Phase 1; ~ameton Limited) WHEREAS a proposal to subdivide and register a plan of subdivision of Part Lot 27, Concession 2, Picketing, has been approved by the Council of The Corporation of the Town of Picketing and the Regional Municipality of Durham as Draft Plan 18T-86063, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement with The Corporation of the Town of Picketing; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree- ment, in the form attached hereto as Schedule A, respecting the development of that part of Lot 27, Concession 2, Picketing, included in Phase 1 of Draft Plan 18T-86063 (Jameton Limited). BY-LAW read a first, second and third time and finally passed this 19th day of March, 1990. Wayne ArtYfiurs, Mayor TOWN OF PlCKERING APPROVED AS TO FORNI LEGAL DEPT. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO~432 /90 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 27, Concession 2, Picketing (Draft Plan 18T-86063 - Phase 1; Jameton Limited) WHEREAS a proposal to subdivide and register a plan of subdivision of Part Lot 27, Concession 2, Picketing, has been approved by the Council of The Corporation of the Town of Picketing and the Regional Municipality of Durham as Draft Plan 18T-860~3, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement with The Corporation of the Town of Pickering; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree- ment, in the form attached hereto as Schedule A, respecting the development of that part of Lot 27, Concession 2, Pickering, included in Phase 1 of Draft Plan 18T-86063 (Jameton Limited). BY-LAW read a first, second and third time and finally passed this 19th day of March, 1990. PICKERIN( APPROVED AS TO FORM LEGAL DEPT. SCHEDULE A THIS AGREEMENT made this 19th day of March, 1990. BETWEEN: JAMETON LIMITED herein called the "Owner" OF THE FIRST PART, and - THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" 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 part of a draft plan of subdivision designated as Draft Plan Number 18T-86063(R) [Phase NOW THEREFORE, THIS AGREEMENT WlTNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. LAND AFFECTED The lands affected by this Agreement (the "Lands") are Blocks 1 to 9, both inclusive, Plan 40M- , Picketing. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 1990, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. 3. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. 4. INTERPRETATION (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, B and C attached hereto shall form part of this Agreement. 5. TIME Time shall be of the essence of this Agreement. 6. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their heirs, executors, administrators, successors and assigns. 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. 9. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work 'required to be done for the development of the Lands. (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. SUBDIVISION DEVELOPMENT (1) The development of the Lands shall be governed by the provisions of the subdivision agreement (the "Falrport Agreement") dated June 6, 1988, Notice of which was registered LT408634, between Fairport Developments Inc. and the Town, respecting Plan 40M-1554, Picketing, as if the Lands herein were within Plan 40M-1554, except as hereinafter provided. (2) A copy of the Fairport Agreement is attached hereto as Schedule C and forms part of this Agreement, (3) In the case of any conflict between a provision of this Agreement and a provision of the Falrport Agreement, the provision of this Agreement shall prevail. 11. SIDEWALKS The sidewalk segment required to be constructed by section 14(1)(b) of the Fairport Agreement shall include a sidewalk section adjacent to Block 9 of the Lands herein on the north side of Baylawn Drive. 12. LIABILITY INSURANCE Prior to the registration of the plan affecting the Lands herein, the Owner shall obtain an amendment to the liability insurance policy provided pursuant to section 18 of the Fairport Agreement to include the Owner herein as an insured and to provide coverage for the development of the plan affecting the Lands herein and shall file a certificate evidencing such amendments with the Town. 2 13. PERFORMANCE & MAINTENANCE GUARANTEE Prior to the registration of the plan affecting the Lands herein, the Owner shall obtain an amendment to the performance and maintenance security provided pursuant to section 19 of the Fairport Agreement to include the Lands herein within the guarantee and to increase the amount thereof to an amount satisfac- tory to the Director of Public Works to reflect the development of the Lands herein. 14. DEDICATIONS The Owner shall dedicate Baylawn Drive as public highway under the jurisdic- tion of the Town upon the registration of the plan. 15. TRANSFERS - CONVEYANCES (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration thereof, all of, (a) Block 10 (Fairport Road widening); (b) Block 11 (Fairport Road reserve); (c) Block 12 (Baylawn Drive reserve). (2) Notwithstanding the provisions of subsection (1), a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. 16. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm water drainage and management facilities both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (2) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1) shall not commence until the easement has been acquired, unless 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. 17. FINANCIAL PAYMENTS (1) Despite the provisions of section 29 of the Fairport Agreement, the Owner shall pay to the Town a unit levy in the amount of, (a) $3,050 per unit if paid in 1990; (b) $3,250 per unit if paid in 1991, for each dwelling unit to be erected on any lot of which a Block in the Lands forms a part. (2) No building permit shall be issued for any such dwelling unit unless payment of the unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. (3) In any event, the Owner shall pay all levies payable under the provisions of this section in full no later than 18 months from the date of registra- tion of the Plan affecting the Lands herein. (4) A letter from the Clerk of the Town advising that the unit levy has been paid shall be deemed to be a release of this section for the lands referred to in the said letter. 3 18. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the Lands, as required by law from time to time. (b) Local Improve .ments Prior to the release of the plan for registration, to prepay any outstand- ing local improvement charges which are levied against any of the Lands. (c) Interest 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. (d) Re ~is tration__F__e _e_s To pay all registration costs incurred by the Town relating in any way to the registration of the plan affecting the Lands herein 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 subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 19. TREE PRESERVATION (1) The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved. (2) The Program shall be submitted to the Director of Planning for review and the approval of the Director of Community 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 com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. (5) In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the opinion of the Town's Director of 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 res- idential building lot or block, twelve months after the completion of the sodding on the lot or block, or (b) where the lands upon which the tree is located comprise lands other than a residential building lot, the expiry of the guarantee period referred to in section 1 of Schedule A of the Fairport 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 JAMETON LIMITED THE CORPORATION OF THE TOWN OF PICKERING Bruce Taylor, Clerk ENCUMBRANCER - EDWARD HORTON GAGE This Agreement shall have priority over and take precedence over all of the rights or interests of Edward Horton Gage whether or not any such rights or interests were established or arose prior to the date hereof and whether or not such right of inter- est is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at , this day of , 1990. SIGNED, SEALED & DELIVERED EDWARD HORTON GAGE, by his Committee, the Public Trustee Public Trustee 5 SCHEDULE A 1. CONTRIBUTION TO COSTS OF DOWNSTREAM SERVICES Prior to the registration of the plan affecting the Lands herein, the Owner shall pay to the Town the sum of $250, being the Owner's share of the costs to the Town of the construction of the Pine Creek Storm Water Management Project which serves, in part, the Lands herein. 2. FENCING The fence required to be constructed by section 8(1)(b) of Schedule A to the Fairport Agreement shall be extended along the full length of Block 11 of the Lands herein, 3. CO-ORDINATED DEVELOPMENT For the purpose of interpreting the Table in section 6(1) of Schedule A to the Fairport Agreement, reference therein to "Draft Plan 18T-86063" shall be deemed to be reference to "Registered Plan 40M- " A-1 SCHEDULE B 1. SPECIAL PROVISIONS REQUIRED BY THE REGIONAL MUNICIPALITY OF DURHAM The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval (herein referred to as the "Approval"), dated March 11, 1988, of Draft Plan 18T-86063 by the Commissioner of Planning of the Regional Municipal- ity of Durham (herein referred to as the "Commissioner"). 2. METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY ("M.T,R.C.A. ") M.T.R.C.A. requires that, (a) the Owner carry-out (sic) or cause to be carried-out (sic), to the satis- faction of M.T.R.C,A., the recommendations referred to in the report as required in Condition 15 of the Approval; and (b) the Owner not place fill, grade, construct any buildings or structure (sic) without prior written approval being given by M.T.R,C.A. 3. ONTARIO HYDRO Ontario Hydro requires that the Owner not encroach on Ontario Hydro's proper- ty and acknowledge that the proponent (sic) will be responsible for restoration of any damage to the right of way (sic) resulting from construction of the subdivision. B-1 SCHEDULE C Being a Copy o£ the Fairport Agreement (see section 10, above) C-1