HomeMy WebLinkAboutBy-law 1256/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1256/81
Being a By-Law to authorize the execution
of a Subdivision Agreement between the
Corporation of the Town of Pickering and
Bramalea Limited respecting Block V, Plan
M-1058 (Draft Plan 18T-78123(R)
WHEREAS, Bramalea Limited proposes to register a plan of
subdivision of Block V, Plan M-1058, Pickering; and
WHEREAS, that proposal has been approved by the Council of
the Corporation of the Town of Pickering and the Minister
of Housing, subject to several conditions, one of which
requires the entering into of a satisfactory Subdivision
Agreement between Bramalea 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:
1. The Mayor and Clerk are hereby authorized to execute
a Subdivision Agreement, in the form attached hereto
as Schedule "A", between the Corporation of the Town
of Pickering and Bramalea Limited respecting Block V,
Plan M-1058, Pickering (Draft Plan 18T-78123(R).
BY-LAW read a first, second and third time and finally passed
this 2nd day of March , 1981.
er
SCHEDULE "A"
to BY-LAW NO. 1256
THIS AGREEMENT made in triplicate this day of , 1981.
B E T W E E N:
BRAMALEA 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 has subdivided certain parts of Lot 28, Conces-
sion 1, in the Town of Pickering in the Regional Municipality of Durham,
and registered plans of such subdivision as Plans M-1057, M-1058 and
M-1059; and
WHEREAS, the Owner now proposes to further subdivide that part of
Plan M-1058 designated Block V on that Plan; and
WHEREAS, the Encumbrancers have certain rights or interests in the
nature of encumbrances relating to the lands affected hereby; and
WHEREAS, therefore, the Owner, with the consent of the Encumbran-
cers, proposes to register a plan of subdivision of the lands affected
hereby, as shown on a draft plan of subdivision prepared by Walter
Carbis, O.L.S., dated December 15th, 1978, having Draft Plan Number
18T-78123, as revised;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of
the Town approving the said proposed plan of subdivision, and the coven-
ants 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 that certain parcel or tract of land and premises
situate, lying and being in the Town of Pickering, in the Regional
Municipality of Durham and Province of Ontario and being composed
of,
All of Block V, according to a plan registered in the Land Titles
Office for the Registry Division of Durham as Plan M-1058.
- 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 under subsection 4, above, shall be undertaken
or authorized 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 relevant
municipal services provided for herein, the Owner agrees to
rough grade to the Town's specifications to the full width,
the proposed road allo?.ances shown on the plan of subdivi-
sion.
- 4 -
PART 2 - SFRVICIS (Cone' d)
5. ROADS - ROUGH GRADE (Cont.'d)
(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 according to the specifications for paved roads
of the Tom in effect at the date hereof including such
boundary or approach roads as may be necessary to provide an
adequate access.
(2) The specifications for boulevard grading, sidewalks and sod-
ding shall apply to existing roads adjacent to the plan of
subdivision.
(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 that 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
The owner agrees to construct a sidewalk,
(a) on the south side of the east-west portion and the west side
of the north-south portion of B Street (Stonepath Circle);
(b) on each side of A Street (Aspen Road);
(c) adjacent to the plan of subdivision, on the north side of
Stroud's Lane, the east side of White's Road, and the west
side of Cricket Lane;
according to the specifications of the Tom in effect at the date
- J -
PART J_ - 51r'RVICP,S (Cone' d)
2. SIDEWALKS (Cont'd)
hereof and to maintain them until they are formally accepted by
the Town.
9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE &
STREET LIGHTING
10.
(1) Underground electric distribution and cable television ser-
vices shall be provided for all residential lots and blocks
within the plan of subdivision according to the standards and
specifications of the appropriate authority.
(2) 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.
(3) 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.
(4) The installation of all works provided for in this clause
shall be constructed under the supervision and inspection of
Pickering Hydro-Electric Commission and Pickering Cable TV
Limited, as the case may be.
INSPECTION OF WORK,
(1) All 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
but not necessarily
Inspectors, testing
to in subsection (1), above, may include,
be limited to, salaries and wa_op of
fees and administration fees.
11. LIABILITY I`?SURANCI:
(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 Te"i, 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 'T'own.
(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.
- 6 --
PART 2 -- SERVICES (Cunt' d)
12. PERrORhtANCE & MAINTENANCE GUARANTEE
(1) Before commencing any of the work 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 Woirkw to
guarantee the satisfactory completion of the work and to
guarantee 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
of the owner, be
credit.
(3) The Owner may, f
the security and
't'reasurer.
and maintenance security may, at the option
made up of cash or irrevocable letter of
rom time to time, apply for a reduction in
such application shall be made to tha Town
(4) Upon written verification from the Director of Public Works
that the services for which reduction is being sought hove
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 thy: bal-
ance 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 a
security required to be provided in subsection 1, tho Town
Manager_ or the Town Treasurer shall provide to the Owner any
necessary assurance to effect the reduction.
13. DRAINAGE - SODDING
(1) The owner agrees to provide the Town, before commencing any
of the work provided for herein and prior to the comroncement
of the development: of the plan of .subdivision, with a. Grading
Control Plan prepared by the Owner' Consul-tinq Dnginc- ,
establishing the proposed grading of the lands to prcvi6e for
the proper drainage thereof: and the drainago of all a0aceni,
lands which drain through the plan of subdivision.
(2) The Grading Control Plan shall be prepared in aacord-: ,_, with
the To:,n1's Lot Drainage SpecificationE in offe"L at the date
of this Agreement and is subject to the approval of i:he
Director of Public Works and the I4etropoli-tan Toronto and
Region Conservation Authority.
(3) The grading of all lards shall be carried cut 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, 1rainage
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 bacin?,
swales or other structures as may be necessary to correct
such problems.
- % -
PAPT 2 - SERVICES (Cont'd)
13. DRAINAGE - SODDING (Cont'd)
(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 O,anor
neglect or abandon it before the completion, or unrcas,onably
delay the same so that the conditions of this Agreement are
being violated or carelessly executed, or in bad faits',, or
shall the owner neglect or refuse to renew or again pcrf.orm
such work as may be rejected by the Director of Public, Work_:;
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, them
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 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: completion of the said work at the cost and
expense of the Owner or his surety, or both.
(2) In c.:ses of emergency, in the opinion of the Director of
Public Works, such work may be done without prior notice huC.
the Owner shall be forthwith notified.
(3) The cost of such work. .shall be calculated by the Di.rwaLor of
Public Works whose decision shall be final.
( ) It is understood and agreed that such costs shall include
management fee of twenty per cent: (20v) of the labour and
material value, and further, a fee of thirty per cent (301)
of the value for the dislocation and inconvenience canted to
the Town as a result of such default on the part of tM
Owner, it being hereby declared and agreed that the assumi.n<<
by the owner of the obligations imposed by this pa.rc:grn4 A
one of the considerat:icos, without which the Town wou: a no,,:
have executed this Agreement.
15. DEMICATIC,TaS
The O%oier shall dedicate as public highway, upon the registration
of the final plan, or convey, free and clear of all encumbrances,
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 17 of the
Table:
- a -
PART 2 - SRRVTCFS (font' d)
15.
DEDICATIONS (Cont'd)
Table
16.
Column I
A Street
(Aspen Road)
B Street
(Stonepath Circle)
TRANSFERS - CONVE` ANCFS
Column TI
The Corporation of the To%m
of Pickering
The Corporation of the, Town
of Pickering
Tha Owner shall convey free and clear of all encumbrances, at no
cost to the Grantee, upon the registration of the plan or w`thin
t.},e thirty (30) days imr,:ediately following the registration of the
final plan, the l:.r,ds indicated in Column I of the following Table
to the respective authority named in Column I! of the 't'able:
T aJ J e
Column I
Block 28
(Walkway)
Block 29
(Reserve - Stonep:at.h Circle)
Block 30
(Reserve - Aspen Road)
Blocks 31, 32 and 33
(Roserves -- Stroud's Lane)
Column IT
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Corporation of the Torn
of Pickering
Mo Corporation of the '?'cta
of Pi ckeri.ng
17. TRANSFERS - EASEMENTS
(1) The Owner shall arrange at no cost to the Town for granting
to the Town such easements as the Direcior 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 nutside
its boundaries.
(2) Such easements shall be subject to the approval of the Direc-
tor of Public Works or his dasignate as to their l.oc.oti_un and
width.
(3) The construc°_ion of any services in such easem-nt ore e:awn-
ments shall not commence until the eascmcnt has }seen acquired,
unless permission to do so has been obtained by the Cwner, in
writing, from the Town and from the registered owner o the
lands across which the easement shall lie.
- 9 -
PART 2 - S'RVTCSS (Cont'd)
18.
STREET NAMING
The owner shall name, on the final plan, the streets indicated in
Column I of the following Table, with the name set out in Column
11 of the Table:
Table
Column I Column II
(Draft Plan Designation)
A Street
P Street
19. SERVICE CAPACITY
20.
Aspen Road
Stonepath Circle
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: plaAt
c<pacit-y and water capacity for the development.
U_,'N!SRAL PROVISIONS •- SERVICES°
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave all driveway approaches betwn_en the curb and side-
walk, or, where no sidewalk is to be provided, betwocA 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
(i) Neither to dump :nor to permit to be dumped, any f.ilI
or debris on, nor to remove or permit to be rowovcj,
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 '.:'Dean with an a.ckn(, -led<t
from such authority of the O-.,mer' s co;_:,:)liance ?, i th t
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 trafiic serv-
ing the development of this plan does not use roads, in this
plan or adjacent plans, having occupied residential units
fronting thereon.
- 10 -
PART 2 - Si'RVICT;S (Cunt' d)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(e) Qualitative or Quantita=tive Tests
The Director of Public Works may have qualitative or quan-
titali.pe tests made of any materials which have wecn P7 care
proposed to used in the construction of nny scr% -.-
qui-red by this Agreement, and the cost of such tests shall }.:,
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 ?Pxvices
and utilities caused by the subdivision work wAhin
thirty (30) days of the account fur same bei"c, ren-
dered by the Town.
(ii.) Similarly to pay the cost of moving any services or
utilities installed under- this Agroe.mant in uriveway!
or so close thereto, in the opinion of tho 1;: rnc' or c,`
Public Works, as to interfere with the use of th,_?
drivv"iy.
(g) Specification.
Unless otherwise provided, to perform any work required to hr
done under this Agreement to the specifications o2 tho Town
in effect at the date hereof.
(h) Temporary Si ns
To provide and erect at its own cost, to the speci`:i.cati-ons
of t]r Town, temporary signs of such nature and at suc?l
locations an may be designated by the Director of 1'u._l i_c
Works.
(i) Pormmnent nice,
To provide and erect at its own cost, to the speciiicni:i.ons
of the Town, permanent signs of such nature and at such
locations as .:gay be designated by the Director of Public
Works.
(j) Engineerinc Drawings
Prior to the final acceptance of the subdivision, try supply
the Town with the original drawings of the eugineerinc wjrhs
for the plan of subdivision, with am: ndmnnt.S, if any, noted
thereon.
(k) Snow Plo-.,,,inc{ F Sanding of Roads
(i) If, in the opinion of the Director of Public Vorks,
the condition of the road surface is not acceptable
for winter control-, to snow plow and sand such r-ov2s
from such occupied buildings to existing Town roads or
to subdivision roads that receive the Town's .:inter
control service, including alternate means of ..wceas
there 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.
- 11 -
PART 2 - SERVICES (font' u)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(1) Survey Monuments & Markers
Prior to the acceptance of the subdivision by the 'J".)n, to
supply a statement by an Ontario Lund Surveyor that, atter
the completion of the subdivision work, he has fo-. J all
standard iron bars as shown on the registered plan, :ndl
survey monuments at all block corners, the ends of PIT
curves, other than corner roundings and all points of chancre
in direction of streets on the registered plan.
- 1.2 -
PART 3 - CON
S'T'i'.UC'PTi> 7 & 0?'C('P '?CY (i' RU1:LIi7 ;'r?l
21. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) The Owner agrees that no build rg permit shall be issued to:-
any building or part of a building in the subdivision until
sewer and v:atcr facilities are available, and in the opini_l
of the Director of Public Woyhs, capable of nrovi.d:iAg
quaic service.
(2) The Owner further agrees that no building or part: of a builci--
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 or a building shall be maw
except upon the following conditions:
W Sewer and cater facilities are instalJoP and in oper-
ation to adequ5tely serve such building or part
thereof;
(ii) Flectric service is co_pl.et.cd and in opc:.rat:ion;
(iii) An asphalt base has boon laid on the road imm2l--
iately in front of the building or part thornof
and extended to an existing maintnined public:
road; and
Vv) Such curbs, as in the rpi.nion of the Director of
Public V;orks, are required to be completed prior to
occupancy, have been constructed on the said roW 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 suldivision be ocoupic_d
without the prior issuanu- of a ran.icipal occu.pa.vrc t
per;nit, then ii' that ovcnt, tlic Or711cr shell ;7ri`i' to ;1-_'.
Town, the sum of 01,5GC ion noch bu:•Jdinq or -
thereof so occupied as liquidated Umvgcs thn i or.
(b) The issuance by the Toam of municipal occupancy ponmi.ts
for each and every building on any lot or block in the
plan of subdivision shall be deemed to be a release iron
the provision: of this subsection with respect to that
lot or block.
(J) The Owner further covenants and acrd to mainnin vohiculc
access to all occupied buildings in the plan of _ubV ivi.sion,
until the roads are forrally assured by the Town, LAd fur'.hc_;:
agrees to obtain similar covenants f; rim ;?y suhroquwA m :or
of any of the lands in the said plan.
22. TIME LIMIT FOR
The owner agrees to construct or cause to to constructed, forty-
seven (47) housing units, all of which shall be completed within
two (2) years of the date of registration of the plan.
23. DESIGN PLANN\II&,
(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.
- 13 -
PART 3 - CONSTRUCTION & OCCUPANCY OF PPTI,DINSS (Cunt' d)
23.
DESIGN PLATINING (font' d)
(b) This report may be required, at the Dir.ector's c,.i:ion,
to provide the following information:
(i) house massing;
(ii) streetscapo;
(iii) exterior materials and colours;
(iv) architectural style;
(v) visual variety;
WA energy conservation mna.sures; and
(vii) any other data or information required.
(2) (a) The. Ownor further agyoca that, prior to the is^qr^ce or
any building permit for the, construction of a rci .iden-
tial unit to be orectcd on the landq, it shall su'..gA to
the Director, for approval, site plans and arcla.ectvr.?l
drawings for that unit.
(b) These plans and dynwings nay be required, at the Dir_ec.-
tor's option, to provide the following information:
(i) the location of all buildings and structures
,to be erected and the location of all facili-
ties and works associated therewith;
the location of landscaping features, includ-
ing trees to be pr_cservei;
(1]3) >tY'Ct.'.t.SCDj?a r
l.Ol' £rUil ell i% 2'C',`I r elevation at P
scale acceptaLle to the Director;
(iv) streetscape to shorn all street furniture ;nd
vegetation; ,
(v) the relationship of hu.ildincs by bl.ochs; ;4d
NO any other data or information requ.i_rcd.
- 14 -
PAIN ', - PINANCTIL M TTEW;
24. FINANCIAL PAYMENTS
(1) The Owner agrees to pay to the Town a unit levy in tho an aunt
of $1,000 per "nit, for each dwell!nU unit for which a Ki_ld-
ing permit is runpived.
(2) No building paymit wha11 be issued .foi any dP03ing un it.
unless payment of the unit levy Va ll have bccn made i n
advance of the issuance of such permit with respect to : ucli
dwelling unit.
(3) Payments of such levies shall be m,.-:de to the Town fro;.l time
to time as building permits are requirV.
(4) In any event, the owner shall pay all levies: due under ihr
provisions of this section in full, on later than eJ , . .il
(IS) months from the date of registinW on of the ploi?.
(5) A letter from the Clark of the Town a0visi.ng that the r Ac
levy his boon pmA d shall W deenct rl to bn a ,_nl_e se of MA,
section for the lands referred to in khe: su a letter.
25. LRTTER OF CREDIT
The Owner shall, immediately prior to the registry ion of th ,
plan, deposit with the Town, an irrevocable bank letter of credit
payable to the Town, in a form sati.sfactouy to the Town, for tVi
sum of $70,500 an security for:
(a) the payments refer ed to in sectio;I 24 hereof; and
(b) the payment of liquidated damages referred to in suh:-nn& or;
(4) of section 7l hereof.
20. GENERAL PROVISIONS - PAPANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands included i_._ th
said plan of suhCi.vi_sion, as requi..recl Ly law fro.n ti).C tri
time.
(b) Local Improves:??nl
Prior to the release of the plan for registrat lon, to
any outstanding local improv ement cha rnos Won arc lov _:?u
against any of th_ lands in the said Man uj subdiv sio- .
(c) Interc: t
To pay interest at the rate of eighteen per cent (180) per
annum to the Town on all sums of money payable herein which
are not paid on the due dates calculated from such duo drLes.
(d) F2e istr<ti_rni Pies
To pay all registration costs incurred by the Town relating
in any way to the registration of the plan of subdivision or
any other related documentation, including transfers, in the
Land Titles Office.
-- 1.5 -
PART 4 - PINLACTA MATTFPF (CoW d)
26. G: Ns :PiAL PROVISIONS - FTNANCIAL MATTERS (CoW d)
(e) Tien or Other. Claims
Upon applying for final accoptr_nce of the subdiv_i_sion, to
supply the _..,.n with a Statutory i._c.Lura_tv:, ±._., . all orcn:,.:Ls
for work and materials have been pniO, enc-cpt. ,.,,_,-,_,l cr -_ of eca
holdbacks, and there are no claims for l_icnc or other it K
connection with such work done or material supplied for cr on
behalf of the Owner in connection with the subdivision, or if
such claims do exist, the Owner agrc,os to indemnify the Tnw--)
against any claims, actions or demaDds for mechanics' limn,
or otherwise and all costs in connection therewith.
27. F-XPTRY OF SECURTTIE:'
(1) Thee Owner further agrees that should Eny security require; to
be giver, under the terms of this Agre,_..:nLL expire durdno t1•
currency of the Agreement, the owner s.hall provide to t
Town at least thirty (30) days in adva."ce of the expiry d;a: c
of that security, a further security_ io We effect upon the
expiry.
(2) Such further security shall be to the satisfaction of QL,
Town.
(3) Should no such further security be provided as required., than
the Town shall have the right to convsrt the expiring security
into cash and hold the cash in lieu of and for the same
purposes as any further security.
28. TF. ,?1NATIOW GI S,EVY/00(-U)',TNCY SECU70 "?
(1) The letter of credit required to be dcpc::.it.nd with ti ii
pursuant to the provisions of section 15, above, may only b
terminated or cancelled by the owner after the Municipal
Occupancy Permit for the last residcni ;i al building or part
thereof to be constructed on these ] Lvn : has been issood V,
the Town.
(2) Notwithstanding the provisions of su1_,. cti_on ], the 01mc
may, from time to time, apc>_ly to tho '!', .1n Trear rarer fc,r
reduction in the amount of the letter o[ credit refor-ed Co
in subsection 1, as Municipal occupancy Pci-miis; Ar Anion.
- 1.6 -
PART - PARRS t. TYPES
29. PROVISION OF PARM7771)
(1) The Parties acl_nowled o that, in iD2 dedicaLhon of wyL laml
for the owner's subdivisions rcUi..tered as Plans M-3057, M-
1058 and M-1059, the Owner dedicated a surplus of 2.90
acres.
(2) The Parties further achnowledge that. 0.5E [ores and 0.472
acres of that 2.995 acre surplus co; stituted the park.l n"?!
dedications required for the owner's subdiv 0 ons regir tared
as Plans M-1165 and 11-1206, respectively.
(3) It is hereby agreed by the Parties that a further 0.576 acres
of that 2.995 acre surplus shall constitute the part l; nd deil--
icati.on required for the devel.opr:nt of the nubdivisla, of
the lards aff acted by this Agreement.
(4) It is hereby acVnowle0ged by the Parties t.n"L, as of the dale"'
of this Agrewv %nL, the not surplus of parK a nd ccciic,_ Pa by
the Owner to the Town for the owner's subdl vi s.i.onq rcq i_; i ere0
as Plans I-1057, M-105; and M-1059 is 1.351 acres.
30. FENCING
(1) The Owner chal.1 erect., upon the completion of final lot grad-
ing and seeding or s'GoAdiSi j the .kinds in the su>aivisl un,
(a) a. permanent fence of nine (5) gauge, gplvanized sip"].
link fencing, having 0.05 metre mesh,
(i) 1.8 metres high, alone; the boundary of the sub-
division adjacent to Blocks 70, 21 and 31;
(ii) 1.8 rntrc; high, along tho eauturl.y and v s'.-M,
bound&ri.es of Block 22;
(iii) 1,2 metres high, along the bou"ODry of tie suh -
divi.sion adjacent to Blocks 32 and 33; on(!
(b) a permanent fence of nine and threc equortor (9-3/4)
gauge, mile (9) strand, galvanized sLwal farm Q ._'.9,
1.22 metres high, having Pao;: mnm 0.10 r 0.40 mcl -u Pies';
along the northerly boundary of the suMvision & jacc::
to,
1. Blocks 20, 26, 27, 29 and 30;
2. Lot S.
(2) The fencing required to be constructed purru,ait to cl.<rz" (a)
of subsection (1), above, shall ba constructed no a5 M mac,
or exceed the requires-:=nts for swimming pc! enc1_orp ca
set out in Part 11 of the Tcrvm' s hy-'Jaw 425/7 E, as
from time to time, or any successor thereto.
(3) If so required by the Town's Director of Public Works, the owner
shall further erect, at the time the fencing referred to in
subsection (1) is erecipl, vehicle barriers on or now, Block n
29 and 30; such barriers to be constructed in accoyd_ ,_a W Q
specifications therefor and to the sat:isfacCion of rhl
Director of Public ?corks.
(4) Notwithstanding the provisions of subclause (iii) of clause
(a) of subsection (1), above, no fence shall be required to
be erected on those portions of Blocks 32 and 33 that are
immediately adjacent to the actual front yards of any of
Lots 7, 15 and 19.
- 17 -
PART 5 - PARKS PREFS (Coot' ii)
30
31
32
33
Fi,;MCING (Cone' d)
(5) Notwithstanding the provisions of clause (b) of suL::_cAon
(1), above, no fence shall be required to be orectud a! tb-?
locations indicated therein if the lands i.mmedialcliv Po th c..
those locations are lr"Ier active df.;'91op]:i nt or hav L:
developed the time 'cite fence would ot.lil:t_wiLv
to be eroct,j.
DRAINAGE ONTO OPEN' SPACE/PAR U AND
(1) The owner shall ensure that the lands wit.h.in the q. 11 vi5i 3:
do not drain surface run-off ;cater onto Town oc.nc:d pD-_klz _A,
open space or walk?•r<.i'::.
(2) V'? ore this is not possible, the Owner :hill insLAT b.-:.IV
the parkland, open space or walkways, as the coop toy in, =
a distance no greater than six (6) metros from the pronor:-"
line, suitah2e swales and catch bas.'._D! to sdequatn3y
in thn opinion of the Director of Paris and Recleat?_n, t.tJ'_
surface run-off water, draining onto the prrkln.- . upcn
or walkways from the lands within the subdivisic..
LANDSCAPE PLANNING
(1) The Owner agrees that prior to the issuance of buil.d:ng yon-
mits for any of the units to be erected on the lands, it
shall submit a landscaping plan for all of the lots and
blocks on the plan to the Town for approval.
(2) The owner further agrees that upon appynval by the To%. o: a
landscaping p.+-an, the lanucc_?pi_nn wosAn ahcn n cn th- ar
shall b< eonstructcd, instal-1 d or plcn cu, as the - . . .-
be, in conformance with the landscaping plan acvDYu- ing to 0,
time limits set out in Schedule "A".
TR7 1 PL: %1TTN(7
(1) The Owner shall plant on the lands, trees; of a ping, hupA:I
and type acceptable to the Town.
(2) A schedule of the 0vier' s troo planting cchwmo ?h: ! ! A^
approved by the Director of Pla n: ing prior to the P:.-[-'i L:i-ny
any trees.
(3) A list of acceptable tree species and Lz.zc_ will 42 p_oviCs i.
(4) The trees approved by the Town ;,hall be ; l r r.tc '_)y 'the
Ga:: er
no more than six (G) months after final grn,_ii_ng is dona in
the specified area.
(5) (i) The Owner shall provide at least one (1) trna per
residential unit: in the subdivision.
(ii) Where the density is too great to enable this quota to
be met, the Owner shall- provide .50 per unit- ni t-rap
planting in a public land area within the ccmnunity in
which the plan is located.
- 18 -
PART `i - PRP.KS k TP?;W (WhW d)
34. THEli PRES,!MV7ITIO;I
(1) The Owner agrees to retain,
expert in order to determine
shall be preserved.
at As own emponvo, a gon!Afia'l
which of the existing Ocos
(2) The afocmentioned qualified cnprrt shall pIr]?are r
Preservation Program, which vrugrom :;hall to nuh^,il_ aK to W-'
Director of Planning and shall not be put into cficuL until
it has received the approval oi_' the Director of PIThaing.
(3) In determining whether or not to approve the 'Free Pic,serva--
tion Program; the Director shall be gov;v ned by the 'i' n,n Trce
Preservation Guidelines in effect as a! tie date he-
- 19 -
PART G - GIMT;RAT, P'20VISIl ?i`1
35. hICP;N'"i'r0 hNTI;l2
The Owner agre s with the Town to retain a licence frn;n ray n">-
snquent purchaser of the aforesaid lands to enter upon such land;
in order to comply with the provisions of this AgreemOnt.
3G. C;NCfTOATION OF AGREEMENT
In the event. the plan of subdivision is not registered on or hpfvrc,
Febru?try 26th, 1982, the Town may, at its option on one month's
notice to the Owner, declare this Agreement to he null r.nd voice.
37. NO 1 Y t,
Any 7.otice required to be given hereunder m'y bp o,.ivcn by rep;
istel ad mail Lodressed to the oiler Party at its principal plan- of.
busil!:'- q and shall be efFeckive an Cif the cocond day 1 TIC"a":ii.ini&y
foll.c.,inq the dace of the deposit thereof in Me Pont MEicu.
38. I-,NC[7i'i]RI.1V% R?>
The Lncumbrancerc agree with the Town that this Agreement shall
havr, priority ovor and tr,ke preccdonce over any right, affected
hercl,y, whether: or not any such right or interest was established
or arose prior to the date hereof and whether or not such right or
intayest is set out in or arises by virtue of any instrument or
doci. ent registered on title to the lands affected here'.;, or any
part: cif them, prior to the registration of this Agrnuwen! .
39. IN'I,':I litl".7 'i 1:0;.7
(1) whenever in this Agreement the word "Owner" and the pyonoun
"it" is a-od, it shall be read air^. construed as "Caner oi
[lwnQ]'.S and "his", her or tl]Cit_ rC°m•c Ct I_V olr, n and M,,
nnmber oi' C.ho verb agreeing i?-rc:wjth PhOl_ be ccnb&ueci
acccrd:i.ngly.
(2) she provisions in Schedules "A" and "D° attached hov..,_o rhal,l
form port of this Agrecmunt.
do.
Tit. UPI! be ON the e5r, roe of this Agreer... -nt.
41. BINDING PARTIES
This Agreement and everything herein contained shall enure to the
bone fit of and Ion hi.ndir.9 upon the Parties he:retc7, their succe:..-?,?.
anc.i aa;;:i.gns;.
IN WITNESS WnEREOF, the said Parties have hereunto affixed their
Corporate Seals attested to by the hands of their proper officers in
- 20 -
PART F - C;F,NEP'.1, PT?OVUT0N-, ((?'?:nli,' d)
that behalf fully authorized.
SIGi:F:D, SEALED i DELIVPPI.:D
BRPYIALEA LIMITED
President - -----
_^.-._- ..._._ ..-_._.- .._ - .-_..-- ___-.
ViceYie-s?_der.c
THB CORPO7'7,,TION OF 1T1'3'; TO?TN OF P]:Ci: '1!G
N,ayor -
Cler;;
Vice i'J e-, derrL
ViccrYiesid?nt
i'`1'. 1 i1I; - n
1. TIME LIMIT FOR NORK & GUAP 71T: T FOR '( 'iCM1' SN I P & "V nP r
(1) Save as herein otberwisc provided, the Owner agree..=, i_ " co.r-
plete the works required under this Agreement within the time
limits specifie d in Qw Table set out LVIO U a nd to - _. _.^-.nt02
the workmanship and mate rials for a period of two (2) -oars
from the date t hat the .; -yid wor%s ere approve d in w?i n`__,g by
the Director of Public U orks, the D.irecl or of Parks r ec-
reatior., or the Director of Pla "inq, as W c : ,e k % „_..
(2) Any works other than that sneci.fi.celly provi6nd for iii One
Table shall be completed within she time limit prov.':a0 pox:
therein for aboveground :services.
Table
Works T_i.rO 730011; for C'unn7 r
(a) Under y0nC', one ynor from ihQ Oat-
services rcy i.strat.ion of the _.,
plan of subctivjsii_GEl
(b) P.hoveground Two years from tbn d-n" - "T h-.
swrviccs ro lis.trntio , of i',.._ 51
plan of su1n000. 11
2. TEMPORARY TURNIN C7 ZirU:53
Notwithstanding the provisions of sections 6, 7 and 8 of U ;
Agreement, the Owner shall construct, if required by the loran's
Director of Public Works, at the Owner's sole expense anti to the
Town's specifications, a temporary turning circle at the northarlp
ends of Stonepath Circle and Aspen Road, which shall be removed
and replaced with permanent services at the Owner's erponsc,, when
the roads are extended.
3. DEMOLITION 07 EUS INO BUTLDTNQ5
All structures on the lanes comprising the plan of subdivi-:.ion
shall be demolAhod 1)v the Ore:per, at its sole czyc"se, pr-or to
the issuance of any building permit.
4. V7ALYWAY TREATMENT
The Owner agrees to con_:truc; waJRwnv b?-`wc Pn il;e curb c ucn,
path Circle adjacent to U1ock 28 and the 9idown1k on stro Ia.r:,
along the fall length of the ?\:a)kway desi.gnrtod es !Q.oc):
across the full wi6ih thereof, according to the specific:c,c??ovn o`
the Town and to maintain such walkway untl_) it is formally _.;:CQp d
by the Town.
5. TOWNHOUSE BLOCKS
(1) The Omer hereby agrees to develop Blocks 20, 21, 22, 23, 24
and 25 for single attac;,ect townihouse units only.
(2) Block 20 shall. ),p develoucd only in conjunction with thnno
kinds designated as Block E on Draft Plan of ;ubdivisica 18T--
76036(R).
6. ITTURB DVIV1:LOP11FNT 13T,pC.GS
}31or.};s 26 quid 27 shaI1. he Cleve.loped on.1y _in con juncL-z_on *,•.ii-!: t,ic:?
lands desic.--ated as Blocks 1' and G on ].,raft Plan of SulAlivie;j.on
18T--70036 (R) .
SC111:DIILE, ?1i"
J, ITii.ITS' P?-11L/cal :;1.'n?? 1i, co'"i'r?i :P
(1) The O.rmcr shall construct within the Town
ustr_ial or comaarcial buil.dingn having
not less than 4, 366 square metres, and 1,.
(industrial) - 60 (residential) ratio, sh
thereLy to 47 credits upon which the samo
tial building unit peymiis may La issued.
of Pickering, ind
KOM Acor ..,rep 0-'
Cd on tll_' T010, s C
11 Le on H Und
numbor of resider -
(2) The rewired industrial or commorc_ial W30i_ng3 shall W
completed before December 31st, 1984.
(3) If, on the 1st day of January in any year from, after and
including 1935, the required indnKtrial or commercIA buijo-
ings have not been constructed, then com"anctng in 19135, tl.^
Owner shall pay annually to tlla Town on the 15th d.r ` Jar..
uary in each year, liquidated Qnngcs in L'ho .-count o $350
for every 92.9 square metres on part thoreof of the require :
industrial or cai?ai.'erclp .l buil&i. ; not r. Gi'.CL1 :]Ct- C; Oil azcl,
January ?:>t.
(4) The Owner shall leave deposito ? with the Town, its p?r?'or?-: "-
guarC_ntoe in the amount of $82,250 to goarnntee t.ho cads!
tory ce :q3 et_i_on of the required i_ndu .Lri. vJ_ or co rci nl
buildings on or befoxe the date set out A suba'.eW io;. (2),
above, and to secure the payment of any lic:uidate'l <1.a nag,
that may become payable u.der su a cti.on (3), above.