HomeMy WebLinkAboutBy-law 1855/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1855/84
Being a by-law to authorize the execution of a
Subdivision Agreement between Kenneth Hollinger
and the Corporation of the Town of Pickering,
respecting Block 6, Plan M-1198, Picketing (Draft
P/an 18T-83002)
WHEREAS, Kenneth Hollinger proposes to subdivide and register a plan of subdivision
of Block 6, Plan M-1198, Picketing; and
WHEREAS, the proposal has been approved by the Council of the Corporation of the
Town of Pickering and Regional Municipality of Durham, subject to several conditions,
one which requires the entering into of a satisfactory Subdivision Agreement between
Kenneth Hollinger and the Corporation of the Town of Pickering;
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 Agree-
ment, the form attached hereto as Schedule A, between Kenneth Hollinger and
the Corporation f the Town of Picketing respecting the development of Block 6,
Plan M-1198, Picketing (Draft Plan 18T-83002).
BY-LAW read a first, second and third time and finally passed this 18th day of June,
1984.
TOWN OF-
PICKERfNG
Schedule A
To. By-law 1855/84
THIS AGREEMENT made this 18th day of June, 1984.
BETWEEN:
KENNETH HOLLINGER
hereinafter called the "OwnerI'
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS, the Owner proposes to subdivide Block 6, Plan M-1198, in the Town of
Picketing in the Regional Municipality of Durham, and to register a plan of subdivi-
sion of those lands, as shown on a draft plan of subdivision prepared by Horton &
Wallace Ltd., O.L.S. and designated as Draft Plan Number 18T-83002 (Revised);
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town
approving the proposed plan of subdivision, and the covenants hereinafter expressed,
the Parties hereto covenant and agree one with the other as follows:
PART 1 - PROPERTY DESCRIPTION
LAND AFFECTED
The lands affected by this Agreement are:
ALL AND SINGULAR that certain parcel or tract of land and premises situate,
lying and being in the Town of Picketing, in the Regional Municipality of
Durham and Province of Ontario and being composed of Lots 1, 2, 3 and 4 and
Block 5, Plan 40M-
2
PART 2 - SERVICES
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 Director of Public Works for the Town of Picketing, and shall
complete, perform or make payment for such other matters as may be provided
for herein.
CONSULTING ENGINEERS
(i)
The Owner shall retain a Professional Engineer as the Consulting Engineer
of the Owner shall carry out all the necessary engineering and to super-
vise generally the work required to be done for the development of the
sub division.
(2)
Such Consulting Engineer, or any successor thereto, shall continue to be
retained until the work provided for in this Agreement is completed and
formally accepted by the Town.
STORM SEWERS
(i)
The Owner shall construct a complete storm system including storm con-
nections to the street line and catch basin leads to service all the lands
in the plan of subdivision and road allowances adjacent to the plan of
subdivision and to provide capacity for lands upstream of the plan of
subdivision, according to designs approved by the Director of Public
Works and according to the specifications of the Town in effect at the
date hereof and shall maintain it, including clearing any blockages or
debris from whatever cause, until it is formally accepted by the Town.
(2)
Such system shall be constructed to an outlet or outlets according to
designs approved by the Director of Public Works and shall be of suffi-
cient size and depth and at locations either within or outside the lands
affected hereby to service the plan of subdivision and the aforementioned
]ands outside the plan of subdivision, which in the opinion of the Director
of Public Works, will require its use as a trunk outlet.
(3)
Should, in the opinion of the Director of Public Works, an inadequate
stream or structure exist in the outlet system outside the plan of subdivi-
sion, the Owner may be required to carry out such works as are neces-
sary to provide an adequate outlet.
(4)
The Town may connect or authorize connection into any part of the
system but such connection shall not constitute acceptance of the sewer
system by the Town.
(5)
No connection under subsection 4, above, shall be undertaken or au-
thorized prior to preliminary acceptance of the sewer system by the
Town, except in an emergency.
ROADS - PAVED
(i)
The Owner shall re-construct the south side of Toynevale Road adjacent
to the plan of subdivision according to the specifications for paved roads
of the Town in effect at the date hereof.
(2)
The specifications for boulevard grading and sodding shall apply to
Toynevale Road adjacent to the plan of subdivision and the Owner shall
keep all boulevards clear and free of materials and obstructions which
might interfere with the installation of utilities.
3
PART 2 - SERVICES (Cont'd)
(3)
(4)
(g)
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 dust, refuse, rubbish or other
litter of all types.
The Owner shall erect and maintain adequate signs to warn all persons
using Toynevale Road that the maintenance of it has not been assumed by
the Town from the time that it is reconstructed until formal assumption by
the Town.
Such signs and the location thereof are subject to the approval of the
Town's Director of Public Works.
CURBS & GUTTERS
(i)
The Owner shall construct curbs and gutters on the road to be re-
constructed pursuant to section 5, above, according to the specifications
of the Town in effect at the date hereof and shall maintain them until
they are formally accepted by the Town.
(2)
If any curb depressions are not located correctly with respect to a drive-
way, the Owner shall construct a curb depression in the correct location
and fill in the original curb depression according to the said specifica-
tions.
7. SIDEWALKS
The Owner shall construct a sidewalk on the south side of Toynevale Road
adjacent to the plan of subdivision, according to the specifications of the Town
in effect at the date hereof and to maintain it until it is formally accepted by
the Town.
8. UNDERGROUND ELECTRIC DISTRIBUTION & CABLE TELEVISION SERVICE
(i)
(2)
(3)
Underground electric distribution shall be provided for all residential lots
within the plan of subdivision according to the standards and specifica-
tions of Pickering Hydro-Electric Commission.
Cable television services shall be provided for all residential lots within
the plan of subdivision according to the standards of Picketing Cable
T.V. Limited.
The installation of all works provided for in this section shah be con-
structed under the supervision and inspection of Picketing Hydro-Electric
Commission and Pickering Cable T.V. Limited, as the case may be.
9. INSPECTIONS
(1)
Prior to the registration of the plan, the Owner shall pay to the Town
the sum of $140.00 as an engineering drawing inspection fee.
(2)
All works required to be constructed by the Owner, except those re-
ferred to in section 8, above, shall be installed under the observation of
Inspectors employed by the Town and the Owner shall pay the costs
incurred therefor within thirty (30) days of invoices being rendered.
(3)
The costs referred to in subsection (2), above, may include, but not
necessarily be limited to, salaries and wages of Inspectors, testing fees
and administration fees.
4
PART 2 - SERVICES (Cont'd)
10. LIABILITY INSURANCE
(D
Before commencing any of the work provided for herein, the Owner shall
supply the Town with a Liability Insurance Policy in form satisfactory to
the Town, 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 he $5,000,000, each occurrence.
(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 thirty (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.
11.
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
100% performance and maintenance security in a form satisfactory to the
Town and in an amount established by the Director of Public Works for
the purpose of,
(a)
guaranteeing the satisfactory construction, installation or perfor-
mance of the works;
(b)
guaranteeing the payment of any amounts payable to the Town
under section i0 of this Agreement;
(c)
guaranteeing the payment of any amount that the Town may be
required to pay under the provisions of the Construction Lien
Act, 1982, and
(d)
guaranteeing all works, workmanship and materials for a period of
two (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, from time to time, apply for a reduction in the security
and such application shall be made to the Town Treasurer.
(3)
Upon written verification from the Director of Public Works that the
construction, installation or performance of the works for which reduction
is being sought have been satisfactorily completed and paid for, the Town
Manager may reduce the amount of the security to an amount not less
than,
(a)
thirty-five per cent (35%) of the original value where no certifi-
cate or declaration of substantial performance has been made;
(b) twenty per cent (20%) of the original value where,
(1)
a certificate or declaration of substantial performance has
been published;
(ii) forty-five (45) days following such publication have
expired; and
PART 2 - SERVICES (Cont'd)
(4)
(iii)
all liens that may be claimed against any holdback re-
quired to be retained by the Town have expired or have
been satisfied, discharged or provided for by payment
into court;
and
(c) ten per cent (10%) of the original value where,
(i) a certificate of final completion has been made by the
Owner's consulting engineer;
(ii) forty-five days (45) days following the making of such
certificate have expired; and
(iii)
all liens that may be claimed against any holdback re-
quired to be retained by the Town have expired or have
been satisfied, discharged or provided for by payment
into court;
which ten per cent (10%) 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 provided in subsection 1, the Town Manager or the Town
Treasurer shall provide to the Owner any necessary assurance to effect
the reduction.
12. DRAINAGE - SODDING
(1)
The Owner shall provide the Town, before commencing any of the work
provided for herein and prior to the commencement of the development of
the plan of subdivision, with a Grading Control Plan prepared by the
Owner's Consulting Engineer, establishing the proposed grading of the
lands to provide for the proper drainage thereof and the drainage of all
adjacent lands which drain through the plan of subdivision.
(2)
The Grading Control Plan shall be prepared in accordance with the
Town's Lot Drainage Specifications in effect at the date of this Agreement
and is subject to the approval of the Director of Public Works.
(3)
The grading of all lands shall be carried out by the Owner in accordance
with the Grading Control Plan, under the supervision of the Owner's
Consulting Engineer.
(4)
If, in the opinion of the Director of Public Works, drainage problems
occur prior to formal acceptance of the works in the plan of subdivision
by the Town, the Owner shall correct them by re-grading or by the
construction of catch basins, swales or other structures as may be neces-
sary to correct such problems.
(5)
The Owner shall sod the front, side and rear yards of each of Lots l, 2,
3 and 4 except for paved, planted or treed areas, upon the completion of
the construction of buildings thereon.
PART 2 - SERVICES (Cont'd)
13. INCOMPLETED OR FAULTY WORK
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 shah
the Owner neglect or abandon it before the completion, or unreasonably
delay the same so that the conditions of this Agreement are being violated
or carelessly executed, or in bad faith, or shall the Owner neglect or
refuse to renew or again perform such work as may be rejected by the
Director of Public Works as defective or unsuitable, or shall the Owner in
any other manner, in the opinion of the Director of Public Works, make
default in performance of the terms of this Agreement, then in any such
case, the said Director of Public Works shall promptly notify the Owner
and his surety in writing of such default or neglect and if such notifica-
tion be without effect within ten (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 com-
pletion 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
such work may be done without prior notice
forthwith notified.
Director of Public Works,
but the Owner shah be
(3)
The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
(4)
It is understood and agreed that such costs shall include a management
fee of twenty per cent (20%) of the labour and material value, and fur-
ther, a fee of thirty per cent (30%) of the value for the dislocation and
inconvenience caused to the Town as a result of such default on the part
of the Owner, it being hereby declared and agreed that the assuming by
the Owner of the obligations imposed by this paragraph is one of the
considerations, without which the Town would not have executed this
Agreement.
14. 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 sewer services 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)(a), above, 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.
15. SERVICE CAPACITY
This Agreement shall be subject to the Owner entering into satisfactory ar-
rangements with the Town and the Regional Municipality of Durham with respect
to the allocation of sewage treatment plant capacity and water capacity for the
development.
7
PART 2 - SERVICES (Cont'd)
16. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave all driveway approaches between the curb and sidewalk, or,
where no sidewalk is to be provided, between the curb and the lot line.
(b) Continuation of Existing Services
Where the construction of services herein involves a continuation to
existing services, to join into the 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 permit to be removed, any fill from any
public lands, including Ontario Hydro 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), above.
(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 be paid by the Owner within thirty (30) days of thc
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 thirty (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.
(f) 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.
8
PART 2 - SERVICES (Cont'd)
(g) Temporary Signs
To provide and erect at its own cost, to the specifications of the Town,
temporary signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
(h) Permanent Signs
(i)
To provide and erect at its own cost, to the specifications of the Town,
permanent signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
Engineering Drawings
Prior to the final acceptance of the subdivision, to supply the Town with
the original drawings of the engineering works for the plan of subdivi-
sion, with amendments, if any, noted thereon.
Survey Monuments & Markers
Prior to the acceptance of the subdivision by the Town, to supply a
statement by an Ontario Land Surveyor that, after the completion of the
subdivision work, he has found ali standard iron bars as shown on the
registered plan, and survey monuments at all block corners, the ends of
all curves, other than corner roundings and al/ points of change in
direction of streets on the registered plan.
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
17.
No building permit shall be issued for any building or part of a building
in the subdivision until sewer and water facilities are available, and in
the opinion of the Director of Public Works, capable of providing adequate
service.
(2) No building or part of a building in the subdivision shall be occupied
except upon the issuance of a municipal occupancy permit.
(3)
No application for a municipal occupancy permit for a building or part of
a building shall be made except upon the following conditions:
(i)
Sewer and water facilities are installed and in operation to ade-
quately serve such building or part thereof;
(ii) Electric service is completed and in operation;
(iii)
An asphalt base has been laid on the road immediately in front of
the building or part thereof and extended to an existing main-
tained public road; and
(iv)
Such curbs, as in the opinion of the Director of Public Works,
are required to be completed prior to occupancy have been con-
structed on the said road and extend to an existing maintained
public road.
(4)
(a)
Should any building or part thereof in the plan of subdivision be
occupied without the prior issuance of a municipal occupancy
permit, then in that event, the Owner shall pay to the Town the
sum of $1,750 for each building or part thereof so occupied, as
liquidated damages therefor.
(b)
The issuance by the Town of municipal occupancy permits for
each and every building on any lot or block in the plan of subdi-
vision shall be deemed to be a release from the provisions of this
subsection with respect to that lot or block.
(5)
The Owner shall maintain vehicular access to all occupied buildings in the
plan of subdivision until the road is formally assumed by the Town.
18. TIME LIMIT FOR CONSTRUCTION
(i)
The Owner shall construct or cause to be constructed, in the plan, four
(4) housing units, all of which shall be completed within two (2) years of
the date of registration of the plan.
(2)
In the event that more or less than four (4) housing units are to be
constructed in the plan, an amendment to this Agreement shall be re-
quired.
19.
DESIGN PLANNING
(1) (a)
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.
(b)
This report may be required, at the Director's option, to provide
the following information:
10
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
(a)
(b)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
house massing;
streetscape;
exterior materials and colours;
architectural style;
visual variety;
energy conservation measures; and
any other data or information required.
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.
These plans and drawings may be required, at the Director's
option, to provide the following information:
(i)
the location of all buildings and structures to be erected
and the location of all facilities and works associated
therewith;
(ii)
the location of landscaping features, including trees to be
preserved;
(iii)
streetscape for front and rear elevation at a scale accept-
able to the Director;
(iv) streetscape to show all street furniture and vegetation;
(v) the relationship of buildings by blocks; and
(vi) any other data or information required.
I1
PART 4 - FINANCIAL MATTERS
20.
FINANCIAL PAYMENTS
(i)
The Owner shall pay to the Town a unit levy in the amount of $1,750 per
unit, for each dwelling unit for which a building permit is received.
(2)
No building permit shall be issued for any dwelling unit unless payment
of the unit levy shall have been made in advance of the issuance of such
permit with respect to such dwelling unit.
(3)
Payments of such levies shall be made to the Town from time to time as
building permits are required.
(4)
In any event, the Owner shall pay all levies due under the provisions of
this section in full, no later than eighteen (18) months from the date of
registration of the plan.
(5)
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.
21.
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 $7,000 as security fort
(a) the payments referred to in section 20 hereof; and
(b)
the payment of liquidated damages referred to in subsection (4) of section
17 hereof.
22.
GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands included in the said plan of
subdivision, as required by law from time to time.
(b) Local Improvements
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
in the said plan of subdivision.
(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) Registration Fees
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 documen-
tation, including transfers, in the Land Titles Office.
12
PART 4 - FINANCIAL MATTERS (Cont'd)
(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 construction liens or otherwise
and all costs in connection therewith.
23.
EXPIRY OF SECURITIES
(i)
Should any security required to be given under the terms of this Agree-
ment expire during the currency of the Agreement, the Owner shall
provide to the Town at least thirty (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.
24.
TERMINATION OF LEVY/OCCUPANCY SECURITY
(1)
The security required to be deposited with the Town pursuant to the
provisions of section 21, above, may only be terminated or cancelled by
the Owner after the Municipal Occupancy Permit for the last residential
building or part thereof to be constructed in the plan has been issued by
the Town.
(2)
Notwithstanding the provisions of subsection (1), the Owner may, from
time to time, apply to the Town Treasurer for a reduction in the amount
of the security referred to in subsection (1), as Municipal Occupancy
Permits are issued.
13
PART 5 - PARKS & TREES
25. PROVISION OF PARKLAND
The Owner shall pay to the Town the sum of $3,430.00 prior to the registration
of the plan of subdivision in full satisfaction of the Owner's obligation to pro-
vide parkland.
26. LANDSCAPE PLANNING
The Owner agrees that prior to the issuance of building permits for any
of the units to be erected on the lands, submit a landscaping plan for all
of the lots and blocks on the plan to the Town for approval.
(z)
Upon approval by the Town of a landscaping plan, the Owner shall con-
struct, install or plant the landscaping works, as the case may be, in
conformance with the landscaping plan according to the time limits set out
in Schedule A.
27. TREE PLANTING
(1)
The Owner shall plant on road allowances within or adjacent to the plan,
trees of a size, number 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) A list of acceptable tree species and sizes will be provided.
(4)
The trees approved by the Town shall be planted by the Owner no more
than six (6) months after final grading is done in the specified area.
(5) (i)
The Owner shall plant one (1) tree per residential unit in the
subdivision.
(ii)
Where the density is too great to enable this qnota to be met, the
Owner shall provide $70 for every unit for which a tree cannot be
planted for tree planting in a public land area within the commu-
nity in which the plan is located.
28. 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 his review
and approval, 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 Guidelines 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.
14
PART 5 - PARKS & TREES (Cont'd)
(5)
(6)
In the event that any tree required to be preserved by the approved
Tree Preservation Program is removed or is, in the opinion of the Town's
Director of Parks and Recreation, damaged to such an extent that its
value or longevity is decreased or is likely to be decreased, then the
Owner shall replace that tree with a tree of a height, diametre and spe-
cies determined by the Director; such replacement shall be at no cost to
the Town.
The Owner's liability under subsection (5) above, shall continue until,
(a)
where the lands upon which the tree is located comprise a res-
idential building lot, twelve months after the completion of the
sodding on the lot, 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.
15
PART 6 - GENERAL PROVISIONS
29. LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the afore-
said lands, or any part thereof, to enter upon such lands in order to comply
with the provisions of this Agreement.
30. CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before December
31st, 1984, the Town may, at its option on one month's notice to the Owner,
declare this Agreement to be null and void.
31. 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.
32. INTERPRETATION
(~)
Whenever in this Agreement the word "Owner", or the pronoun "it" is
used, it shall be read and construed as "Owner or Owners", and '1his",
"her" or "them", respectively, and the number of the verb agreeing
therewith sha]l be construed accordingly.
(2) Schedules A and B attached hereto shall form part of this Agreement.
33.
TIME
Time shall be of the essence of this Agreement.
34.
BINDING PARTIES
This Agreement anc] everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
16
PART 6 - GENERAL PROVISIONS (Cont'd)
IN WITNESS WHEREOF, the Owner has hereunto affixed his hand and seal and the
Town has hereunto affixed its Corporate Seal attested to by the lands of its proper
officers in that behalf fully authorized.
SIGNED, SEALED & DELIVERED
In the presence of
KENNETH HOLLINGER
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
I, MARION HOLLINGER, spouse of KENNETH HOLLINGER, the Owner herein, hereby
consent to the execution and entering into of this Agreement by KENNETH
HOLLINGER and to the registration of the Agreement upon the title to the lands
affected hereby and agree to be bound by the terms of the said Agreement.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
1984 at the of
day of ,
SIGNED, SEALED & DELIVERED
In the presence of
MARION HOLLINGER
17
SCHEDULE A
1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
Save as herein otherwise provided, the Owner shall complete the works required
under this Agreement within two years from the date of commencement of con-
struction and shall guarantee the workmanship and materials for a period of two
(2) years from the date that the said works are approved in writing by the
Director of Public Works, the Director of Planning, as the case may be.
2. DEMOLITION OF EXISTING BUILDINGS
All existing structures on any lot in the plan of subdivision shall be demolished
by the Owner, at its sole expense, prior to the issuance of any building permit
for that lot.
3. FUTURE DEVELOPMENT BLOCKS
(1)
Block 5, being a block for future residential development, shall be devel-
oped only by plan of subdivision submitted, processed and approved
pursuant to the Planning Act, 1983, as amended from time to time, or any
successor thereto, and having the prior written approval of the Town
which approval may be granted subject to conditions, one of which may
require certain amendments to be made to this Agreement.
(2)
Until such time as Block 5 is developed in accordance with subsection
(1), above, the Owner shall maintain it in a clean and orderly condition
to the satisfaction of the Town.
(3)
The Owner shall not apply for a building permit for the construction of
any building on Block 5 until such time as the subdivision plan referred
to in (1), above, has been registered, or this Agreement has been
amended to delete this section, whichever first occurs.
4. CASH-IN-LIEU OF SERVICES - EXEMPTION
(1) In the event that the Owner is of the opinion that compliance with,
(a) section 6, respecting the construction of curbs and gutters on
Toynevale Road,
(b) section 7, respecting the construction of sidewalks, or
(c) section ]6(a), respecting the paving of driveway approaches,
of this Agreement, is not possible or practical in the circumstances, then
the Owner may apply, in writing, to the Town's Director of Public Works
for an exemption from the provisions of that section, or both of them.
(2)
An application for an exemption under subsection (1) must be made prior
to the issuance of any building permit for any lot in the plan.
(3)
Upon receipt of an application for an exemption under subsection (1), the
Town's Director of Public Works shall review the possibility of any practi-
cality of compliance as required, and may exempt the Owner as reques-
ted; the Director's decision shall be communicated to the Owner in writ-
ing.
A-1
SCHEDULE A (Cont~d)
(4) No exemption under subsection (3) shall be valid unless the Owner pays
to the Town within fifteen (15) days of the date of the exemption, the
sum of,
(a) $1,610 for an exemption from section 6,
(b) $2,450 for an exemption from section ?, and
(c) $1,000 for an exemption from section 16(a),
being the estimated cost of the installation or construction of the respec-
tive services from which the Owner is exempted.
(5) No building permit shall be issued by the Town after an application for
exemption has been received hy it, unless
(a)
(b)
(c)
the sum required to be paid under subsection (4) is paid;
the application is withdrawn; or
the application is refused.
5. DEEMED COMPLIANCE ON EXEMPTION
Upon the payment of a sum required to be paid under section 4(4), above,
following the granting of an exemption under section 4(3), above, the Owner
shall,
(a)
be relieved of compliance with the provisions of section 6, section 7 or
section 16(a) of this Agreement, or any of them, as the case may be; and
(b)
have the right to apply to the Town Treasurer under section 11 of this
Agreement for a reduction in the security held by the Town as a perfor-
mance and maintenance guarantee, as if the Owner had satisfactorily
completed the installation or construction of the services from which the
Owner is exempted.
A-2
SCHEDULE B
SPECIAL PROVISIONS REQUIRED BY OTHER AGENCIES
The sections set out in this Schedule represent provisions not affecting the
Town but required to be inserted in this Agreement by other ~gencies; these
sections are not intended to bind the Owner to the Town nor the Town to the
Owner in any manner whatsoever and are not be be construed as relating in
any way to any of the other provisions of this Agreement.
0
METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY
("M.T.R.C.A.") & MINISTRY OF NATURAL RESOURCES ("M.N.R.")
- ENGINEERING & DRAINAGE REPORT
The Owner shall carry out, or cause to be carried out, to the satisfaction of
M.T.R.C.A. and M.N.R. , the recommendations referred to in the report
required in Condition 12 of the draft approval, dated October 4th, 1982, of this
plan by the Commissioner of Planning of the Regional Municipality of Durham.
B-1