HomeMy WebLinkAboutBy-law 1568/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1568/82
Being a By-Law to authorize the execution
of a Subdivision Agreement between Pinnacle
Investments Limited and the Corporation of
the Town of Pickering respecting the devel-
opment of Lots 36-46, Plan 355 and Blocks
C and D, Plan 239, Pickering
(Draft Plan 18T-78120(R)
WHEREAS Pinnacle Investments Limited proposes to subdivide and register
a plan of subdivision of Lots 36-46, Plan 355 and Blocks C and D, Plan
239, Pickering; and
WHEREAS that proposal has been approved by the Council of the Corpora-
tion of the Town of Pickering and the Minister of Housing, subject to
several conditions, one of which requires the entering into of a satis-
factory Subdivision Agreement between Pinnacle Investments Limited and
the Corporation of the Town of Pickering;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering
HEREBY ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Subdivision
Agreement, in the form attached hereto as Schedule "D", between
Pinnacle Investments Limited and the Corporation of the Town of
Pickering respecting the subdivision of Lots 36-46, Plan 355 and
Blocks C and D, Plan 239, Pickering (Draft Plan 18T-78120(R).
BY-LAW read a first, second and third time and finally passed this
4th day of October , 1982.
Schedule "A" to B~;-law Number 1568/82
THIS AGREEMENT made in triplicate this
day of , 1982.
BETWEEN :
PINNACLE INVESTMENTS 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 "Encumbrancers"
OF THE THIRD PART.
WHEREAS, the Owner proposes to subdivide Part Lot 36 and all of Lots
37-46, inclusive, Plan 355 and Blocks C and D and Right-of-Way, Plan
239, in the Town of Pickering in the Regional Municipality of Durham,
and with the consent of the Encumbrancers, to register a plan of subdi-
vision of those lands, as shown on a draft plan of subdivision prepared
by Otto Ertl, Ontario Land Surveyor, designated as Draft Plan Number
18T-78120(R); and
WHEREAS, the Encumbrancers have certain rights or interests in the
nature of encumbrances relating to the lands affected hereby;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the
Town approving the said proposed plan of subdivision, and the covenants
hereinafter expressed, the Parties hereto covenant and agree one with
the other as follows:
- 2 -
PART 1 - PROPERTY DESCRIPTION
1. LAND AFFECTED
The lands affected by this Agreement are:
ALL AND SINGULAR those certain parcels or tracts of land and prem-
ises, situate, lying and being in the Town of Pickering, in the
Regional Municipality of Durham and Province of Ontario and being
composed of,
FIRSTLY, that part of Lot 36 and all of Lots 37, 38, 39, 40, 41,
42, 43, 44, 45 and 46 according to a plan registered in the Reg-
istry Office for the Registry Division of Durham (No. 40) as Plan
355, now designated as Parts 1, 2, 3, 4, 5 and 6 on a reference
plan deposited in the Land Titles Office for the said Registry
Division as Plan 40R- ; and
SECONDLY, all of Blocks C and D and' Right-of-Way according to
plan registered in the said Registry Office as Plan 239, now
designated as Parts 7, 8, 9 and 10 on the said reference plan
40R-
- 3 -
PART 2 SERVICES
2. OWNER' S GENERAL UNDERTAKING
The Owner agrees to complete at its own expense and in a good
workmanlike manner, for the Town, all the municipal services as
hereinafter set forth to the satisfaction of the Director of
Public Works for the Town Of Pickering, and to complete, perform
or make payment for such other matters as may be provided for
herein.
3. CONSULTING ENGINEERS
(1)
The Owner agrees to retain a Professional Engineer as the
Consulting Engineer of the Owner to carry out all the nec-
essary engineering and supervise generally the work required
to be done for the development of the subdivision.
(2)
Such Consulting Engineer, or any successor thereto, shall
continue to be retained until the work provided for in this
Agreement is completed and formally accepted by the Town.
4. STORM SEWERS
(1)
The Owner agrees to construct a complete storm system includ-
ing storm connections to the street line and catch basin
leads to service all the lands in the plan of subdivision and
adjacent road allowances 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
to maintain them, including clearing any blockages or debris
from whatever cause, until they are formally accepted by the
Town.
(2)
Such sewers shall be constructed to an outlet or outlets
according to designs approved by the Director of Public Works
and shall be of sufficient size and depth and at locations
either within or outside the lands 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 their use as trunk outlets.
(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 subdivision, the Owner may be required to
carry out such works as are necessary to provide adequate
outlets.
(4)
The Town may connect or authorize connection into any part of
the system but such connection shall not constitute accept-
ance of the sewer system by the Town.
(5)
No connection
or authorized
system by the
under subsection 4, above, shall be undertaken
prior to preliminary acceptance of the sewer
Town except in an emergency.
- 4 -
PART 2 SERVICES (Cont'd)
5. ROADS - ROUGH GRADE
(1)
Prior to the installation or construction of the relevant
municipal services provided for herein, the Owner agrees to
rough grade to the Town's specifications to the full width,
the proposed road allowances shown on the plan of subdivi-
sion.
(2)
The Owner further agrees to keep all boulevards clear and
free of materials and obstructions which might interfere with
the installation of electric, telephone, gas or other utili-
ties.
6. ROADS PAVED
(1)
The Owner agrees to construct the roads shown on the plan of
subdivision and Begley Street, between Bayly Street and the
south side of Tanzer Court, according to the specifications
for paved roads of the Town in effect at the date hereof.
(2)
The specifications for boulevard grading, sidewalks, bicycle
paths and sodding shall apply to existing roads adjacent to
the plan of subdivision, including Bayly Street.
(3)
The Owner covenants and agrees that, until assumption by the
Town, it will maintain and repair roads both within and out-
side 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 will erect and maintain adequate signs to warn all
persons using the roads in the plan of subdivision that the
maintenance of them has not been assumed by the Town from the
time %hat they are,opened until formal assumption by the
Town.
(5) Such signs and the location thereof are subject to the
approval of the Town's Director of Public Works.
7. CURBS & GUTTERS
(1)
The Owner agrees to construct curbs and gutters on the roads
shown on the plan of subdivision according to the specifica-
tions of the Town in effect at the date hereof and to main-
tain them until they are formally accepted by the Town.
(2)
If any curb depressions are not located correctly with re-
spect to a driveway, the Owner shall construct a curb depres-
sion in the correct location and fill in the original curb
depression according to the said specifications.
8. SIDEWALKS & BICYCLE PATHS
(1) The Owner agrees to construct, a sidewalk,
(a) (i) on each side of Wayfarer Lane;
(ii) on the south side of the east-west portion and
the west side of the north-south portion (as far
south as Block 21) of Tanzer Court;
- 5 -
PART 2 - SERVICES (Cont'd)
8. SIDEWALKS & BICYCLE PATHS (Cont'd)
(iii) on the west side of Albacore Manor; and
(iv)
on the east side of Begley Street between Bayly
Street and Tanzer Court and the west side of St.
Martin's Drive adjacent to the plan of subdi-
vision; and
(b)'
a combination sidewalk and bicycle path on the south
side of Bayly Street adjacent to the plan of subdivi-
sion;
according to the specifications of the Town in effect at the
date hereof and to maintain them until they are formally
accepted by the Town.
(2)
In lieu of the construction of the combination sidewalk and
bicycle path referred to in clause (b), above, the Owner may
pay, prior to the registration of the plan, the sum of $3,350,
and be relieved of the obligation to construct such facil-
ities.
9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE &
STPdEET LIGHTING
(1)
(2)
(3)
(4)
(5)
Underground electric distribution shall be provided for all
residential lots and blocks within the plan of subdivision
and for Block 26 according to the standards and specifica-
tions of Pickering Hydro-Electric Commission.
Cable television services shall be provided for all residen-
tial lots and blocks within the plan of subdivision according
to the standards of Pickering Cable T.V. Limited.
The Owner agrees to pay all costs of installation of street
lighting, including poles and other necessary appurtenances
for the lighting of all streets including boundary roads and
pedestrian walkways on the plan.
The lighting shall be designed and installed in accordance
with standards established by the Town and in conformity with
the Association of Municipal Electrical Utilities Guide to
Municipal Standard Construction.
The installation of all works provided for in this section
shall be constructed under the supervision and inspection of
Picketing Hydro-Electric Commission and Pickering Cable T.V.
Limited, as the case may be.
10. INSPECTION OF WORK
Ail works required to be constructed by the Owner, except
those referred to in section 9, above, shall be installed
under the observation of Inspectors employed by the Town and
the Owner agrees to pay the costs incurred therefor within
thirty (30) days of invoices being rendered.
(2)
The costs referred to in subsection (1), above, may include,
but not necessarily be limited to, salaries and wages of
Inspectors, testing fees and administration fees.
PART 2 - SERVICES (Cont'd)
1t. LIABILITY INSURANCE
(1)
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.
(2) The amount of the said Policy shall be $1,000,000.
(3)
In the event any renewal premium is not paid, the Town, in
order to prevent the lapse of such Liability Insurance Policy,
may pay the renewal premium or premiums and the Owner agrees
to 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.
12. PERFORMANCE & MAINTENANCE GUARANTEE
(1)
Before commencing any of the work provided for herein, the
Owner shall supply the Town with a 100% performance and main-
tenance security in a form satisfactory to the Town and in an
amount established by the Director of Public Works to guar-
antee the satisfactory completion of the work and to guaran-
tee the workmanship and materials for a period of two (2)
years from the date that the said works are completed and
such completion acknowledged, in writing, by the Director of
Public Works.
(2)
Such performance and maintenance security may, at the option
of the Owner, be made up of cash, irrevocable letter of
credit, bond, or a combination thereof.
(3)
The Owner may, from time to time, apply for a reduction in
the security and such application shall be made to the Town
Treasurer.
(4)
Upon written verification from the Director of Public Works
that the services 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 ten per cent (10%) of the original value, which ten per
cent portion shall apply as the security for maintenance
until the obligation to maintain has expired, when the balance
of the security shall be returned to the Owner subject to any
deductions for maintenance purposes.
(5)
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.
- 7 -
PART 2 - SERVICES (Cont'd)
13. DRAINAGE - SODDING
(1)
The Owner agrees to 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 and the Metropolitan Toronto and
Region Conservation Authority.
(3)
The grading of all lands shall be carried out by the Owner in
accordance with the Grading .Control Plan, under the supervi-
sion 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 agrees to correct
them by re-grading or by the construction of catch basins,
swales or other structures as may be necessary to correct
such problems.
(5)
The Owner agrees to sod the front, side and rear yards of
each of the 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 said 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 fourteen (14) clear days after such notice, then in
that case, the Director of Public Works shall thereupon have
full authority to purchase such materials, tools and machinery
and to employ such workmen as in his opinion shall be required
for the proper completion of the said work at the cost and
expense of the Owner or his surety, or both.
(2)
In cases of emergency, in the opinion of the Director of
Public Works, such work may be done without prior notice but
the Owner shall be forthwith notified.
(3) The cost of such work shall be calculated by the Director of
Public Works whose decision shall be final.
- 8 -
PART 2 - SERVICES (Cont'd)
14. INCOMPLETED OR FAULTY WORK (Cont'd)
(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 further, a fee of thirty per cent (30%)
of the value for the dislocation and inconvenience caused to
the ToWn as a result of such default on the part of the
Owner, it being hereby declared and agreed that the assuming
by the Owner of the obligations imposed by this paragraph is
one of the considerations, without which the Town would not
have executed this Agreement.
15. DEDICATIONS
The Owner shall dedicate as public highway, upon the registration
of the final plan, or convey, free and clear of all encu~rances,
within the thirty (30) days immediately following the registration
of the final plan, the lands indicated in Column I of the follow-
ing Table to the respective authority named in Column II of the
Table:
Table
Colum I
Column II
Albacore Manor
The Corporation of the Town
of Pickering
Tanzer Court
The Corporation of the Town
of Pickering
Wayfarer Lane
The Corporation of the Town
of Pickering
16. TRANSFERS - CONVEYANCES
(1)
The Owner shall convey free and clear of all encumbrances, at
no cost to the Grantee, upon the registration of the plan or
within the thirty (30) days immediately following the regis-
tration of the final plan, the lands indicated in Column I of
the following Table to the respective authority named in
Column II of the Table:
Table
Column I
Column II
Block 25
(Road Widening
Bayly Street)
The Regional Municipality of
Durham
Block 24
(Reserve
Bayly Street)
The Corporation of the Town
of Pickering
Blocks 22 & 23
(Reserves
- St. Martin's
Drive)
The Corporation of the Town
of Pickering
Blocks 17 & 18
(Reserves
- Begley Street)
The Corporation of the Town
of Pickering
PART 2 - SERVICES (Cont'd)
16. TRANSFERS - CONVEYANCES (Cont' d)
Table (Cont'd)
Column I
Column II
Blocks 20 & 21
(Walkways)
The Corporation of the Town
of Pickering
Block 26
(Pumping Station)
The Regional Municipality of
Durham
(2)
Notwithstanding the provisions of subsection (1), above, 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.
17. TRANSFERS EASEMENTS
(i)
The Owner shall arrange at no cost to the Town for granting
to the Town such easements as the Director of Public Works or
his designate shall deem 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 Direc-
tor of Public Works or his designate as to their location and
width.
(3)
The construction of any services in such easement or ease-
ments 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
Column I of the following Table,
II of the Table:
Column I
name, on the final plan, the streets indicated in
with the name set out in Column
Table
Street running southerly from
Tan zer Court between Blocks
12 and 16
Street running westerly from
St. Martin's Drive to Tanzer
Court
Column II
Tanzer Court
Albacore Manor
Wayfarer Lane
Street running easterly &
southerly from Begley Street
to Block 8
- 10-
PART 2 - SERVICES (Cont'd)
19. SERVICE CAPACITY
This Agreement shall be subject to the Owner entering into satis-
factory arrangements 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 all driveway approaches between the curb and side-
walk, 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 contin-
uation to existing services, to join into the same, including
adjustment of grades where necessary, in a good and work-
manlike manner.
(c) Public Lands - Fill & Debris
(±)
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, other than the actual
construction of roads in the plan of subdivision,
without the written consent of the authority respon-
sible 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 subclause (i), above.
(iii) That there shall be no burning of refuse or debris
upon its lands or any public lands.
(d) Construction Traffic
Wherever possible, to ensure that construction traffic serv-
ing the development 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 quan-
titative tests made of any materials which have been or are
proposed to be used in the construction of any services re-
quired by this Agreement, and the cost of such tests shall be
paid by the Owner within thirty (30) days of the account
being rendered by the Town.
(f) 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 ren-
dered by the Town.
- 11
PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(f) Relocation of Services (Cont'd)
(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.
(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 designated 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 designated 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 subdivision, 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 existing 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 be done from time
to time when the Director of Public Works deems con-
ditions warrant and until such time as the roads are
acceptable to the Director of Public Works for winter
control.
(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.
- 12
PART 3 CONSTRUCTION & OCCUPANCY OF BUILDINGS
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
21.
The Owner agrees that 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 ade-
quate service.
(2)
The Owner further agrees that no building or part of a build-
ing in the subdivision shall be occupied except upon the
issuance of a municipal occupancy permit.
(3)
It is agreed that no application for a municipal occupancy
permit for a building or part of a building shall be made
except upon the following conditions:
(±)
Sewer and water facilities are installed and in oper-
ation to adequately serve such building or part
thereof;
(ii) Electric service is completed and in operation;
(iii)
An asphalt base has been laid on the road immed-
iately in front of the building or part thereof
and extended to an existing maintained 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 constructed on the said road and
extend to an existing maintained public road.
(4)
(a)
The Owner agrees with the Town that should any buildings
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 $1,500 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 subdivision shall be deemed to be a release from
the provisions of this subsection with respect to that
lot or block.
(5)
The Owner further covenants and agrees to maintain vehicular
access to all occupied buildings in the plan of subdivision,
until the roads are formally assumed by the Town, and further
agrees to obtain similar covenants from any subsequent owner
of any of the lands in the said plan.
22. TIME LIMIT FOR CONSTRUCTION
(i)
(2)
(3)
The Owner agrees to construct or cause to be constructed, in
the plan, eighty-one (81) housing units, all of which shall
be completed within three (3) years of the date of registra-
tion of the plan.
In the event that any or all of the units to be constructed
are to be constructed as street townhouses, the Owner agrees
that no more than six (6) such townhouses shall be erected on
any block.
In the event that more or less than eighty-one (81) housing
units are to be constructed in the plan, an amendment to this
Agreement shall be required.
- 13
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS ICont'd)
23. DESIGN PLANNING
(1) (a)
The Owner agrees that, prior to the issuance of any
building permit for the construction of any residential
unit on the lands, it shall submit to the Town's Direc-
tor of Planning, for approval, a report outlining siting
and architectural design objectives for the subdivision.
(b) This report may be required, at the Director's option,
to provide the following information:
(i) house massing;
(ii) streetscape;
(iii) exterior materials and colours;
(iv) architectural style;
(v) visual variety;
(vi) energy conservation measures; and
(vii) any other data or information required.
(2)
(a)
The Owner further agrees that, prior to the issuance of
any building permit for the construction of a residen-
tial unit to be erected on the lands, it shall submit to
the Director, for approval, site plans and architectural
drawings for that unit.
(b) These plans and drawings may be required, at the Direc-
tor's option, to provide the following information:
(±)
the location of all buildings and structures
to be erected and the location of all facili-
ties and works associated therewith;
(ii)
the location of landscaping features, includ-
ing trees to be preserved;
(iii) streetscape for front and rear elevation at a
scale acceptable 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.
(~)
or $1~500 per
ing permit is rc~ceived
lng unit on B',~.
Block 7~ .~tn~
" : ,mil levy in the amount
.... ! ~ ~ unit for which a build-
:~ the most southerly dwe]l-
~ortherly dwelJin,~ unit on
'x,ts on Block 6.
(2)
No building p ~ r, it shall be issued ~c r ~n'.' dwelling unit
unless paymeo~, . ~ the u~it levy sba-' :~v¢ L,en made in
advance of tbr ',.~suance of such per~,[ ' w~ LN v, sL~ec% to su, Fn
dwe.ll iug ~t
(3) Payments of such levies shall be ma~ > ~h~ 2~...u- r .;
to time as building permits are req~.x- ~d.
(4)
In ans. eve. mt, the Owne~ shall pay all levies due under
?7o%is~ons f '.,~:s sec: i,J~ in full, no la%er than eighteen
~i8) mr~nths f:ci, the u.~'. : ~gistr~ti~n ~f '-b~ plan.
~mfThR OF CREDIT
mhe Owner shall, imm..diately 2 ~'~ t:o the
plan, deposit with tl~e Town, an i?r~3vocab'
payable to the Town, ~.n a form sq(i~facto
sum of $121,500 as s~curity
co the T~.wn, roi r b ~
(a) the paymeuts ~efr~ured ~on secti'.,~ h, , -or; and
(b) the payment of liquidated damages referred to in subs~-ctJon
(4) of section 21 hereof.
(a) Taxes
To pay the ta;:'~ .t.n ftC' [
said plan of ,.<-d', ivJs~c :~
ti me.
(b) Local £r<~ove~ *':, s
(d)
, -;i.iaticn Fees
lay ]1 ! ' '~ ~,~, :~ costs inc,:, ·
- 15 -
PART 4 - FINANCIAL MATTERS (Cont'd)
26. GENERAL PROVISIONS - 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 guaran-
tee holdbacks, and there are no claims for liens or otherwise
in connection with such work done or material supplied for or
on behalf of the Owner in connection with the subdivision, or
if such claims do exist, the Owner agrees to indemnify the
Town against any claims, actions or demands for mechanics'
liens or otherwise and all costs in connection therewith.
27. EXPIRY OF SECURITIES
(1)
The Owner further agrees that should any security required to
be given under the terms of this Agreement expire during the
currency of the Agreement, the Owner shall provide to the
Town at least 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.
28. TERMINATION OF LEVY/OCCUPANCY SECURITY
(1)
The letter of credit 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 on these lands 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 letter of credit referred to
in subsection .1, as Municipal Occupancy Permits are issued.
- 16
PART 5 - PARKS & TREES
29. PROVISION OF PARKLAND
The Owner shall convey to the Town, free and clear of all
encumbrances, at no cost to the Town, upon the registration
of the plan or within thirty (30) days thereof, all of Block
19, for park purposes.
(2)
Prior to the registration of the plan herein, the Owner shall
pay to the Town the sum of $1,207. 84 for park purposes.
(3)
The Town agrees to accept the conveyance and the payment
referred to above in full satisfaction of the Owner's obliga-
tion to convey parkland to the Town.
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,
(a) 1.5 metres high,
(i)
along the easterly boundary of the plan adjacent
to Blocks 22 and 23;
(ii)
along the northerly boundary of Blocks 1, 2, 3
and 4;
(±±±)
along the westerly boundary of the plan adjacent
to Blocks 17 and 18;
(iv)
along the southerly boundary of the plan adjacent
to Blocks 7, 8 and 15; and
(b) 1.8 metres high,
(i)
around the entire boundary of Block 19, except
for walkway openings;
(ii)
along the easterly and westerly boundaries of
Block 20;
(iii)
along the northerly and southerly boundaries of
Block 21.
(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 Owner shall further erect, at the time the fencing referred
to in subsection (1) is erected, vehicle barriers on Blocks
20 and 21; such barriers to be constructed in accordance with
specifications therefor and to the satisfaction of the
Director of Public Works.
31. DRAINAGE ONTO OPEN SPACE/PARKLAND
(1)
The Owner shall ensure that the lands within the subdivision
do not drain surface run-off water onto Town owned parkland,
open space or walkways.
- 17 -
PART 5 PARKS & TREES (Cont'd)
31. DRAINAGE ONTO OPEN SPACE/PARKLAND (Cont'd)
(2)
Where this is not possible, the Owner shall install within
the parkland, open space or walkways, as the case may be, at
a distance no greater than six (6) metres from the property
line, suitable swales and catch basins to adequately manage,
in the opinion of the Director of Parks and Recreation, all
surface run-off water, draining onto the parkland open space
or walkways from the lands within the subdivision.
32. LANDSCAPE PLANNING
(1)
The Owner agrees that prior to the issuance of
mits for any of the units to be erected on the
shall submit a landscaping plan for all of the
blocks on the plan to the Town for approval.
building per-
lands, it
lots and
(2)
The Owner further agrees that upon approval by the Town of a
landscaping plan, the landscaping works shown on the plan
shall be constructed, installed or planted, as the case may
be, in conformance with the landscaping plan according to the
time limits set out in Schedule "A".
33. TREE PLANTING
(1) The Owner shall plant on the boulevards within the plan or
immediately adjacent thereto, 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 provide at least 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 per unit for tree
planting in a public land area within the community in
which the plan is located.
34. TREE PRESERVATION
(1)
The Owner agrees to retain, at its own expense, a qualified
person to determine which of the existing trees shall be
preserved.
(2)
The aforementioned qualified person shall prepare a Tree
Preservation Program, which program shall be submitted to the
Director of Planning and shall not be put into effect until
it has received the approval of the Director of Planning.
(3)
In determining whether or not to approve the Tree Preserva-
tion Program, the Director shall be governed by the Town Tree
Preservation Guidelines in effect as at the date hereof.
- 18-
PART 6 GENERAL PROVISIONS
35. LICENCE TO ENTER
The Owner agrees with the Town to retain a licence from any sub-
sequent purchaser of the aforesaid lands to enter upon such lands
in order to comply with the provisions of this Agreement.
36. CANCELLATION OF AGREEMENT
In the event the complete plan of subdivision is not registered on
or before January 9th, 1983, the Town may, at its option on one
month's notice to the Owner, declare this Agreement to be null and
void with respect to any unregistered portion of the plan.
37.
NOTICE
Any notice required to be given hereunder may be given by reg-
istered mail addressed to the other Party at its principal place
of business and shall be effective as of the second day immed-
iately following the date of the deposit thereof in the Post
Office.
38. ENCUMBRANCERS
The Encumbrancers agree with the Town that this Agreement shall
have priority over and take precedence over any rights affected
hereby, 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.
39. INTERPRETATION
(1)
Whenever in this Agreement the word "Owner" and the pronoun
"it" is used, it shall be read and construed as "Owner or
Owners" and "his", "her" or "their", respectively, and the
number of the verb agreeinq therewith shall be construed
accordingly.
(2) The provisions in Schedules "A", "B" and "C" attached hereto
shall form part of this Agreement.
40.
TIME
Time shall be of the essence of this Agreement.
41. BINDING PARTIES
This Agreement and everything herein contained shall enure tO the
benefit of and be binding upon the Parties hereto, their succes-
sors and assigns.
19 -
PART 6 - GENERAL PROVISIONS (Cont'd)
IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corpor-
ate Seals attested to by the hands of their proper officers in that
behalf fully authorized.
SIGNED, SEALED & DELIVERED
PINNACLE INVESTMENTS LIMITED
Per:
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
SCHEDULE "A"
1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & ~IATERIALS
(1)
(2)
Save as herein otherwise provided, the Owner agrees to com-
plete the works required under this Agreement within the time
limits specified in the Table set out below and to 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 Parks and
Recreation, or the Director of Planning, as the case may be.
Any works other than that specifically provided for in the
Table shall be completed within the time limit provided for
therein for aboveground services.
Table
Works Time Limit for Completion
(a) Underground
Services
Two years from the date of
the registration of the final
plan of subdivision
(b) Aboveground
Services
Two years from the date of
the registration of the final
plan of subdivision
2. DEMOLITION OF EXISTING BUILDINGS
All structures on the lands comprising the plan of subdivision
shall be demolished by the Owner, at its sole expense, prior to
the issuance of any building permit.
WALKWAY TREATMENT
The Owner agrees to construct a walkway,
(a) between the curb on Albacore Manor and the northerly boundary
of Block 19, along Block 20, across the full width thereof;
and
(b) between the curb on Tanzer Court and the easterly boundary of
Block 19, along Block 21, across the full width thereof,
according to the specifications of the Town and to maintain such
walkway until it is formally accepted by the Town.
4. NOISE ATTENUATION MEASURES
Prior to the final acceptance by the Town of the works in the
subdivision, the Owner's consulting engineer shall provide to the
Town, and to the Ministry of the Environment, his engineering
certificate certifying that all intended noise attenuation measures
required to be carried out pursuant to the provisions of the
report prepared by Valcoustics Canada Limited, dated July 10th,
1981, being the report referred to in section 3 of Schedule "C" to
this Agreement, have been carried out in accordance with those
provisions.
SCHEDULE "B"
1. INDUSTRIAL/COMMERCIAL COMPONENT
(1) The Owner shall construct within the Town of Pickering,
(a) industrial buildings having a total floor area of not
less than 6,781.7 square metres,
(b) commercial buildings having a total floor area of not
less than 4,350.8 square metres, or
(c)
a combination of industrial buildings and commercial
buildings having a total floor area such that, for 73 of
the 81 residential units to be constructed pursuant to
the provisions of section 22(1) of this Agreement, there
shall be 92.9 square metres of industrial building or
59.6 square metres of commercial building constructed,
and, based on the Town's 40 (industrial) - 60 (residential)
and 30 (commercial) - 70 (residential) ratios, the OWner
shall be entitled thereby to 81 credits upon which the same
number of residential building unit permits may be issued.
(2)
The Town acknowledges that 8 of the 81 residential units to
be constructed are replacing 8 pre-existing units and conse-
quently the Owner is entitled to 8 further credits upon which
the same number of residential building permits may be issued.
(3) The required industrial or commercial buildings shall be
completed according to the following time limits:
(a)
on or before December 31st, 1986, sufficient industrial
buildings, commercial buildings, or a combination thereof,
to provide 19 residential building unit credits; and
(b)
on or before December 31st, 1987, sufficient industrial
buildings, commercial buildings, or a combination thereof,
to provide the balance of the residential building unit
credits referred to in subsection (1), above.
(4)
If, on the 1st day of January in any year from, after and
including 1987, the required industrial or commercial build-
ings have not been constructed, then commencing in 1987, the
Owner shall pay annually to the Town on the 15th day of
January in each year, liquidated damages in the amount of
$350 for every existing residential unit, or part thereof,
for which a residential building unit credit has not been
earned.
(5)
For the purpose of determining the number of residential
building unit credits earned as the result of the construc-
tion of industrial buildings, commercial buildings, or a
combination thereof, the per unit requirements set out in
clause (c) of subsection (1), above, shall be used.
(6)
The Owner shall leave deposited with the Town, its perform-
ance security in the a~ount of $128,000 to guarantee the
satisfactory completion of the required industrial or com-
mercial buildings on or before the dates set out in subsec-
tion (3), above, and to secure the payment of any liquidated
damages that may become payable under subsection (4), above.
(7)
The Parties hereto acknowledge that, in the event that the
Town's policy respecting the requirement to provide an indus-
trial/commercial component as set out herein is amended,
varied, rescinded or altered in any way, the terms of this
Agreement shall be a~ended accordingly.
SCHEDULE "C"
1. SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF HOUSING
The sections set out in this Schedule represent provisions not
affecting the Town but required to be inserted in this Agreement
by the conditions of draft approval, dated November 12th, 1980 of
Draft Plan 18T-78120(R) by the Minister of Housing and 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.C.A."), MINISTRY OF NATURAL RESOURCES ("M.N.R.")
& MINISTRY OF THE ENVIRONMENT ("M.O.E.")
- ENGINEERING & DRAINAGE REPORT
The
(a)
(b)
Owner shall,
prepare a detailed Engineering and Drainage Report, accept-
able to M.T.R.C.A. , M.N.R. and M.O.E., describing,
<i)
the storm water management techniques which will be
employed to minimize the amount of storm water directed
into Frenchman's Bay; and
(ii)
the development and construction techniques and safe-
guards which will be used to control and minimize the
effects of erosion and siltation on the site prior to,
during and after the construction period,
and
carry out, or cause to be carried out, the works recommended
in the Report required in (a).
MINISTRY OF THE ENVIRONMENT ("M.O.E.")
NOISE ATTENUATION
(1) The Owner shall,
(a) prepare a noise report providing for intended noise
attenuation measures to the satisfaction of M.O.E.; and
(b) carry out, or cause to be carried out, such measures to
the satisfaction of M.O.E.
The Owner agrees that, in the event that a slight noise level
excess will remain, despite the implementation of the noise
control features, it will provide for registration on all
offers of purchase and sale agreements the following warning
clause:
"Purchasers are advised that despite the inclusion of
noise control features within the development area and
within the individual building units, noise levels may
continue to be of concern, occasionally interfering with
some activities of the dwelling occupants."
SCHEDULE "D"
PHASING
(1)
It is acknowledged and agreed that the Owner shall develop
the plan of subdivision in two phases, as shown on Map I,
attached hereto.
(2)
The phasing of the development shall be limited to the phas-
ing of the construction of services and residential units,
and shall not include the phasing of the registration of the
plan.
(3)
(a) The development of the First Phase of the Plan shall
commence on or before December 31st, 1983.
(b) The development of the Second Phase of the Plan shall
commence on or before December 31st, 1984.
(4)
The provisions of the sections set out in the following Table
shall be applicable to both Phases but shall only take effect
with respect to any Phase upon the commencement of develop-
ment of that Phase.
Table
Sections 4, 5, 6, 7, 8(1), 9, 12, 13, 30 and 33
Schedule "A" - Section 3
(5)
The provisions of section 22 shall be
Phases but shall take effect so as to
units to be completed as follows:
applicable to both
require the housing
(a) twenty-seven (27) units within 2 years of the date of
registration of the plan; and
(b)
a further fifty-four (54) units within 3 years of the
date of registration of the plan.
(6)
The provisions of the sections set out in the following Table
shall be applicable to both Phases and shall take effect upon
the registration of this Agreement, subject to the provisions
of subsection (5) of this section.
Table
Sections 1, 2, 3, 8(2), 10, 11, 14, 15, 16, 17, 18, 19, 20,
21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, 37,
38, 39, 40 and 41
Schedule "A" - Sections 1, 2 and 4
Schedule "B" - Section 1
Schedule "C" - Sections 1, 2 and 3
Schedule "D" - Section 1, Map I
Schedule "F" - Section 1
SCHEDULE "D" - MAP I
Z
4
CoU~T
]3
6
,LANE
,9
SCHEDULE "E"
1. FUTURE CONTRIBUTIONS TO SHARED SERVICE COSTS
(1) Within sixty (60) days of the acknowledgement, by the Town's
Director of Public Works, of the completion of,
(a) storm sewers, as provided for in section 4 of this
Agreement;
(b) roads, as provided for in sections 5 and 6 of this
Agreement;
(c) curbs and gutters, as provided for in section 7 of this
Agreement;
(d)
sidewalks and bicycle paths, as provided for in section
8 of this Agreement; and
(e) street lighting, as provided for in section 9 of this
Agreement;
the Owner's consulting engineer shall provide to the Town, in
a form satisfactory to the Town, a detailed summary of the
actual cost, to the Owner, of the storm sewers, roads, curbs
and gutters, sidewalks and street lighting.
(2)
Within thirty (30) days of the receipt by the Town of the
summary referred to in subsection (1), in a form satisfactory
to the Town, the Town Manager shall determine and notify the
Owner, in writing, of the following:
(a)
the area of the lands, if any, outside the plan of
subdivision that the said works shall be deemed to
benefit (the "benefitting lands") for the purposes of
this section and the conditions, if any, under which
such lands shall continue to be benefitting lands;
(b)
the portion of the Owner's actual cost, referred to in
subsection (1), that the Town shall deem to be be applic-
able to the benefitting lands (the "shared cost") for
the purposes of this section; and
(c) the method or methods that shall be employed to pro-rate
the shared cost to the benefitting lands,
and that determination shall be final.
(3)
In the event that the benefitting lands, or any part thereof,
are to be developed by plan of subdivision, plan of condo-
minium or any other method requiring a Development Agreement,
then the Town shall endeavour to ensure that the owner thereof
pays to the Owner herein, prior to the development of those
lands, all or an appropriate portion of the shared cost,
(a) calculated according to the method or methods referred
to in subsection (2), and
(b)
adjusted annually, for a maximum of five (5) years from
the date of notification referred to in subsection (2),
according to the Southam Construction Cost Index for
Ontario, composite portion.
(4)
In consideration of the Town approving the plan of subdi-
vision and entering into this Agreement with this section
included, the Owner hereby,
(a) remises, releases and forever discharges, and
SCHEDULE "E" (Cont'd)
1. FUTURE CONTRIBUTIONS TO SHARED SERVICE COSTS (Cont'd)
(b) agrees to indemnify and save harmless,
the Town, its officers and employees and their respective
heirs, executors, administrators, successors and assigns, of
and from all actions, causes of action, accounts, claims,
debts, damages, demands, and costs associated therewith,
arising, to arise or which may hereafter be brought against
them, or any of them, by or on behalf of the Owner, or any
other person, because of the provisions of this section or
any error, omission, failure or negligence in the application
thereof.
0
0
0
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