HomeMy WebLinkAboutBy-law 1878/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1878/84
Being a by-law to authorize the execution of a
Subdivision Agreement between B.M.W. Properties
Limited and the Corporation of the Town of
Picketing, respecting Part Lot 23, Concession 2
Pickering (Draft Plan 18T-83018)
WHEREAS, B.M.W. Properties Limited proposes to subdivide and register a plan of
subdivision of part of Lot 23, Concession 2, Picketing; and
WHEREAS, that proposal has been approved by the Council of the Corporation of the
Town of Picketing and the Regional Municipality of Durham, subject to several con-
ditions, one of which requires the entering into of a satisfactory Subdivision Agree-
ment between B.M.W. Properties Limited and the Corporation of the Town of Picker-
lng;
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, in the form attached hereto as Schedule A between B.M.W. Properties
Limited and the Corporation of the Town of Pickering, respecting Part Lot 23,
Concession 2, Picketing (Draft Plan 18T-83018).
BY-LAW read a first, second and third time and finally passed this 3rd day of July,
1984.
for
Cle~'k
By-law to
Schedule A 1878/84
THIS AGREEMENT made this 3rd day of July, 1984.
BETWEEN:
B.M.W. PROPERTIES LIMITED
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
hereinafter called the "Encumbrancer"
OF THE THIRD PART.
WHEREAS the Owner proposes to subdivide part Lot 23, Concession 2 in the Town of
Pickering 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 Malone
Given Parsons Ltd. and designated as Draft Plan Number 18T-83018; and
WHEREAS, the Encumbrancer has certain rights or interests in the nature of encum-
brances relating to the lands affected hereby;
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
(1) The lands affected by this Agreement are:
FIRSTLY, ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Town of Pickering, in the Re-
gional Municipality of Durham and Province of Ontario and being composed
of all of Lots 1 to 36, inclusive, Plan 40M- ; and
(2)
SECONDLY, ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Town of Pickering in the Region-
al Municipality of Durham and Province of Ontario and being composed of
that part of Lots 10 and 11, Plan 40M-1257, designated as Part 5, Plan
40R-7936,
For the purposes of this Agreement, the /ands referred to secondly in
subsection 1 shall be deemed to be part of the new subdivision plan in
which the lands referred to firstly in subsection 1 are located, and the
words "plan" and "subdivision" shall include all the lands referred to in
subsection (1).
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
(D
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
subdivision.
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
(D
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.
(z)
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
lands outside the plan of subdivision, which in the opinion of the Director
of Public Works, will require its use as a trunk outlet.
(3)
Should, in the opinion of the Director of Public Works, an inadequate
stream or structure exist in the outlet system outside the plan of 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.
5. ROADS - ROUGH GRADE
(1)
Prior to the installation or construction of the municipal services provided
for herein, the Owner shall rough grade to the Town's specifications to
the full width, the proposed road allowances shown on the plan of subdi-
vision.
(2)
The Owner shall keep all boulevards clear and free of materials and
obstructions which might interfere with the installation of electric, tele-
phone, gas or other utilities.
PART 2 ~ SERVICES (Cont'd)
6. ROADS - PAVED
(1)
The Owner shall construct the roads shown on the plan of subdivision
according to the specifications for paved roads of the Town in effect at
the date hereof.
(z)
The specifications for boulevard grading and sodding shall apply to the
existing road adjacent to the plan of subdivision.
(3)
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.
(4)
The Owner shall erect and maintain adequate signs to warn a]l persons
using the roads in the plan of subdivision that the maintenance of them
has not been assumed by the Town from the time that it is opened until
formal assumption by the Town.
(s)
Such signs and the location thereof are subject to the approval of the
Town's Director of Public Works.
7. CURBS & GUTTERS
(i)
The Owner shall construct curbs and gutters on the roads to be con-
structed pursuant to section 6, 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.
(z)
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 specifications.
8. SIDEWALKS
The Owner shall construct a sidewalk on Abbey Road adjacent to Part 6, Plan
40R-7936 and Lots 1, 2, 38-36, inclusive, as illustrated on the sketch attached
hereto as Schedule C, 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.
9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE
STREET LIGHTING
(1)
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.
(2)
Underground 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.
(3)
The Owner shall pay all costs of installation of street lighting, including
poles and other necessary appurtenances for the lighting of the street on
the plan.
(4)
The lighting shall be designed and installed in accordance with standards
established by the Town and in conformity with the Association of Munici-
pal Electrical Utilities Guide to Municipal Standard Construction.
4
PART 2 - SERVICES (Cont'd)
The installation of all works provided for in this section shall be con-
structed under the supervision and inspection of Picketing Hydro-Electric
Commission and Picketing Cable T.V. Limited, as the case may be.
10. INSPECTIONS
(i)
Prior to the commencement of any construction in the plan, the Owner
shall pay to the Town the Sum of $1,260 as an engineering drawing in-
spection fee.
(z)
All works required to be constructed by the Owner, except those re-
ferred to in section 9, above, shall be installed 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), above, may include, but not
necessarily be limited to, salaries and wages of Inspectors, testing fees
and administration fees.
11. LIABILITY INSURANCE
(i)
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 be $5,000,000.
(3)
In the event any renewal premium is not paid, the Town, in order to
prevent the ]apse of such Liability Insurance Policy, may pay the renewal
premium or premiums and the Owner shall pay the cost of such renewal or
renewals within 30 days of the account therefor being rendered by the
Town,
(4)
It shall be the responsibility of the Owner to notify the Town of the
dates for the renewal of the premium of the policy and to supply proof
that the premium of the policy has been paid in order that the protection
provided by the Liability Insurance Policy shall not lapse.
PERFORMANCE & MAINTENANCE GUARANTEE
(D
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 10 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 years from the date that the works are completed and such
completion acknowledged, in writing, By the Director of Public
Works.
5
PART 2 - SERVICES (Cont'd)
(2)
(3)
(4)
The Owner may, from time to time, apply for a reduction in the security
and such application shall be made to the Town Treasurer.
Upon written verification from the Director of Public Works that the
construction, installation or performance of the works for which reduction
is being sought have been satisfactorily completed and paid for, the Town
Manager may reduce the amount of the security to an amount not less
than,
(a)
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,
(i)
a certificate or declaration of substantial performance has
been published;
(ii) 45 days following such publication have expired; and
(iii)
al/ 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 pay-
ment 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) 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 pay-
ment 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 he provided in subsection 1, the Town Manager or the Town
Treasurer shah provide to the Owner any necessary assurance to effect
the reduction.
13.
DRAINAGE - SODDING
(D
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.
(z)
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, the Metro-
politan Toronto and Region Conservation Authority and Ontario Hydro.
(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%
Consulting Engineer.
PART 2 - SERVICES (Cont'd)
(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.
The Owner shall sod the.front, side and rear yards of each of the res-
idential lots and blocks except for paved, planted or treed areas, upon
the completion of the construction of buildings thereon.
14. INCOMPLETED OR FAULTY WORK
(1)
If, in the opinion of the Director of Public Works, the Owner is not
prosecuting or causing to be prosecuted the work in connection with this
Agreement within the specified time, or in order that it may be completed
within the specified time, or is improperly performing the work, or shall
the Owner neglect or abandon it before the completion, or unreasonably
delay the same so that the conditions of this Agreement are being violated
or carelessly executed, or in bad faith, or shall the Owner neglect or
refuse to renew or again perform such work as may be rejected by the
Director of Public Works as defective or unsuitable, or shall 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 Director of Public Works shall promptly notify the Owner and
his surety in writing of such default or neglect and if such notification
be without effect within ten clear days after such notice, then in that
case, the Director of Public Works shall thereupon have full authority to
purchase such materials, tools and machinery and to employ such workmen
as in his opinion shall be required for the proper completion of the 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
such work may be done without prior notice but the
forthwith notified.
of Public Works,
Owner shall 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.
15.
DEDICATIONS
The Owner shall dedicate Abbey Road as public highway, upon the registration
of the final plan.
16. TRANSFER - CONVEYANCE
(l)
The Owner shall convey to the Town, free and clear of all encumbrances
and at no cost to the Town, prior to or upon the registration of the
plan, Part 5, Plan 40R-7936 (Abbey Road extension).
(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.
7
PART 2 - SERVICES (Cont'd)
17.
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.
(z)
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), 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.
18.
STREET NAMING
The Owner shall name the street "Abbey Road" on the final plan.
19.
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.
20. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave al/ 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.
(/ii)
That there shall be no burning of refuse or debris upon its lands
or any public lands.
8
PART 2 - SERVICES (Cont'd)
(d) Construction Traffic
Wherever possible, to ensure that construction traffic serving the devel-
opment of this plan does not use roads, in this plan or adjacent plans,
having occupied residential units fronting thereon.
(e) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or quantitative tests
made of any materials which have been or are proposed to be used in the
construction of any services required by this Agreement, and the cost of
such tests shall be paid by the Owner within 30 days of the account
being rendered by the Town.
(f) Relocation of Services
(i)
(ii)
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.
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.
(g) 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.
(h) 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.
(i) Permanent Signs
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.
(j) 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.
(k) Snow Plowing & Sanding of Roads
(i)
If, in the opinion of the Director of Public Works, the condition
of the road surface is not acceptable for winter control, to snow
plow and sand such roads from such occupied buildings to exist-
ing Town roads or to subdivision roads that receive the Town's
winter control service, including alternate means of access where
available.
(ii)
Such snow plowing and sanding shall he done from time to time
when the Director of Public Works deems conditions warrant and
until such time as the roads are acceptable to the Director of
Public Works for winter control.
9
PART 2 - SERVICES (Cont'd)
(1)
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 all 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 all points of change in
direction of streets on the registered plan.
10
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
21.
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 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 roads are formally assumed by the Town.
22. TIME LIMIT FOR CONSTRUCTION
(1)
The Owner shall construct or cause to be constructed, in the plan, 36
housing units, all of which shall be completed within two years of the
date of registration of the plan.
(2)
In the event that more or less than 36 housing units are to be construct-
ed in the plan, an amendment to this Agreement shall be required.
23. 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:
(i) house massing;
(ii) streetscape;
I1
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
(2)
(a)
(b)
(iii)
(iv)
(v)
(vi)
(vii)
exterior materials and colours;
architectural style;
visual varietyl
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 vegetationl
(v) the relationship of buildings by blocks; and
(vi) any other data or information required.
12
PART 4 - FINANCIAL MATTERS
24.
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 shah pay all levies due under the provisions of
this section in full, no later than eighteen months from the date of regis-
tration 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 letter.
25. 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 $63,000 as security for:
(a) the payments referred to in section 24 hereof; and
(b)
the payment of liquidated damages referred to in subsection (4) of section
21 hereof.
26. GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands included in the plan of
subdivision, as required by law from time to time.
(b) 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 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.
13
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 mechanics' liens or otherwise
and all costs in connection therewith.
27. 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 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.
28. TERMINATION OF LEVY/OCCUPANCY SECURITY
(1)
The security required to be deposited with the Town pursuant to the
provisions of section 25, 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.
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 l, as Municipal Occupancy Permits
are issued.
14
PART 5 - PARKS & TREES
29. PROVISION OF PARKLAND
The Owner shall pay to the Town the sum of $30,870 prior to the registration
of the plan of subdivision in full satisfaction of the Owner's obligation to pro-
vide parkland.
30. FENCING
(1)
The Owner shall erect, upon the completion of final lot grading and
seeding or sodding the lands in the subdivision, a permanent fence of
nine (9) gauge, galvanized steel link fencing, having 0.05 metre mesh,
1.8 metres high, along,
(a) the rear lot line of Lot 5, adjacent to Block 87, Plan 40M-1257;
and
(b) the rear lot lines of Lots 6-27 inclusive,
as illustrated on Schedule D hereto.
(2)
The fencing required to be constructed pursuant to subsection (1),
above, shall be constructed so as to meet or exceed the requirements for
swimming pool enclosures as set out in Part II of the Town's By-Law
425/76, as amended from time to time, or any successor thereto.
(3)
The fencing required to be constructed along the rear lot lines of Lots
11-18, inclusive, shall be constructed in accordance with Ontario Hydro's
Guidelines for Grounding of Wire Fencing Under Power Lines.
31. 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.
(2)
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.
32. TREE PLANTING
(i)
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 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 quota 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.
15
PART 5 - PARKS & TREES (Cont'd)
33.
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
/ands 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 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.
(6) 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.
16
PART 6 - GENERAL PROVISIONS
34. LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the afore-
lands, or any part thereof, to enter upon such lands in order to comply with
the provisions of this Agreement.
35. 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.
36. 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.
37. ENCUMBRANCER
This Agreement shall have priority over and take precedence over all of the
Encumbrancer's rights or interest, whether or not any such right or interest
was established or arose prior to the date hereof and whether or not such right
or interest is set out in or arises by virtue of any instrument or document
registered on title to the lands affected hereby, or any part of them, prior to
the registration of this agreement.
38. INTERPRETATION
(~)
Whenever in this Agreement the word "Owner" or "Encumbrancer", or the
pronoun "it" is used, it shall be read and construed as "Owner or Own-
ers" or "Encumbrancer or Encumbrancers", and "his", "her" or "them",
respectively, and the number of the verb agreeing therewith shall be
construed accordingly.
(z)
Schedules A, B, C and D attached hereto shall form part of this Agree-
ment.
39.
TIME
Time shall be of the essence of this Agreement.
40.
BINDING PARTIES
This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
17
PART 6 - GENERAL PROVISIONS (Cont'd)
IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals
attested to by the hands of their proper officers in that behalf fully authorized.
SIGNED, SEALED & DELIVERED
B.M,W. PROPERTIES LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
18
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 registration of the plan
of subdivision, and shall guarantee the workmanship and materials for a period
of two years from the date that the said works are approved in writing by the
Director of Public Works, the Director of Parks and Recreation, or 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.
ABBEY ROAD EXTENSION TO RIGBY DRIVE
For the purposes of this Agreement, the lands designated as Part 5, Plan
40R-7936, shall be deemed to be a part of Abbey Road in the plan of subdivi-
sion.
CONTRIBUTION TO COSTS OF RECONSTRUCTION -
LIVERPOOL ROAD ADJACENT TO ONTARIO HYDRO LANDS
Prior to the registration of the plan, the Owner shall pay to the Town, in cash
or by certified cheque, the sum of $7,000, being the share attributable to the
Owner's lands of the Town's $21,000 cost of reconstruction of Liverpool Road
south of Plan 40M-1257 adjacent to Ontario Hydro lands.
A-1
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 agencies; 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 to be construed as relating in any
way to any of the other provisions of this Agreement,
METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY
("M.T.R.CoA.") - ENGINEERING & DRAINAGE REPORT
The Owner shall carry out, or cause to be carried out, to the satisfaction of
M.T.R.C.A., the recommendations referred to in the report required in Con-
dition 8 of the draft approval, dated April 24th, 1984, of this plan by the
Commissioner of Planning of the Regional Municipality of Durham.
METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY
("M.T.R.C.A.") - FENCING, FILL & GRADING
(1)
(2)
(3)
The Owner shall erect a temporary snow fence or other suitable barrier
along a line at least 10 metres back from the western property limit prior
to the initiation of grading or construction on the site and the barrier
shall remain in place until grading and construction on the site are com-
pleted.
The Owner shall not place fill, grade, construct any buildings or struc-
tures within 10 metres of the western property limit without the prior
written approval from M.T.R.C.A.
Prior to the issuance of building permits by the Town, the Owner shall
submit individual lot, site and grading plans to M.T,R.C.A. for approval
for Lots 6-12, inclusive.
DURHAM BOARD OF EDUCATION
The Owner shall insert the following clause in the sale and purchase agreement
for each lot:
"School children from this development may have to be transported to
existing schools. Although a site has been set aside in an adjacent
development, a new school may not be built for several years and it will
be only when the number of students from a geographic attendance area
warrants the new accommodation."
ONTARIO HYDRO
(1)
The Owner shall, prior to construction, install temporary
fencing along the edge of the right-of-way and a permanent
fence after construction, all to the satisfaction of Ontario Hydro.
grounded
grounded
(2)
The Owner shall not encroach or disturb Ontario Hydro's property and
shall be responsible for any damages of Hydro property caused by the
construction of the subdivision.
B-1
SCHEDULE C
~VE
PLAN 40~-~257
SidewaLks
C-1
SCHEDULE D
2
RIGBY DR(VE
4OM-~257
Steel Link Fencing
D-1
0
O0
0