HomeMy WebLinkAboutBy-law 1257/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1257/81
Being a By-Law to authorize the execution
of a Subdivision Agreement between the
Corporation of the Town of Pickering and
Bramalea Limited respecting part of Lot
28, Concession 1, Pickering (Draft Plan
18T-76036)
WHEREAS, Bramalea Limited proposes to register a plan of
subdivision of part of Lot 28, Concession 1, 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 part of
Lot 28, Concession 1, Pickering (Draft Plan 18T-76036).
BY-LAW read a first, second and third time and finally passed
this 2nd day of March 1 1981.
SCHEDULE "A"
to BY-LAW NO. 1257/81
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,
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hereinafter called the "Encumbrancers"
OF THE THIRD PART.
WHEREAS, the Owner proposes to subdivide certain parts of Lot 28,
Concession 1, in the Town of Pickering in the Regional Municipality of
Durham, and with the consent of the Encumbrancers, to register a plan
of subdivision of those lands, as shown on a draft plan of subdivision
prepared by I. M. Pastushak Limited, Ontario Land Surveyors, dated
June 25th, 1976, as revised, designated as Draft Plan Number 18T-76036
(Revised); 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:
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PART i - 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,
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2.
PART 2 - SERVICES
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
4
(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.
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.
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PART 2 - SER17ICES (Cont'd)
5.
6.
7.
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 keen all boulevards clear and
free of materials and obstructions which might interfere with
the installation of electric, telephone, gas or other utili-
ties.
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 Town 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.
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 west side of Stonepath Circle;
(b) on each side of Aspen Road;
(c) on the south side of Cricket Lane; and
(d) on the east side of White's Road adjacent to the plan of
subdivision;
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9.
10
11.
PART 2 - SERVICES (font' d)
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.
UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE &
STREET LIGHTING
(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 ?YORK
(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 to in subsection (1), above, may include,
but not necessarily be limited to, salaries and wages of
Inspectors, testing fees and administration fees.
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
order to prevent
icy, may pay the
agrees to pay th,
thirty.(30) days
the Town.
renewal premium is not paid, the Town, in
the lapse of such Liability Insurance Pol-
renewal premium or premiums and the Owner
cost of such renewal or renewals within
of the account therefor being rendered by
(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 riot lapse.
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PART 2 - SERVICES (Cont'd)
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
maintenance security in a form satisfactory to the Tom and
in an amount established by the Director of Public Works 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 and maintenance security may, at the option
of the Owner, be made up of cash or irrevocable letter of
credit.
(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 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, the 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 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 cat,:h 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 except for paved, planted or treed areas,
upon the completion of the construction of buildings thereon.
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PART 2 --SERVICES (Cont'd)
14.
15.
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 voilated 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 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 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.
(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.
DEDICATIONS
The owner 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 II of the
Table:
Table
Column I
Road Allowance fronting
Lots 4-7 & Blocks 21 & 22
(Stonepath Circle)
Road Allowance fronting
Lots 8-14 & Block 23
(Aspen Road)
Road Allowance fronting
Lots 18 & 19
(Cricket Lane)
Column II
The Corporation of the Town
of Pickering
The Corporation of the: Town
of Pickering
The Corporation of the Town
of Pickering
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PART 2 - SERVICES (Cont'd)
16. TRANSFERS - CONVEYANCES
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 registration 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
Block 26
(Road Widening
- White's Road)
Block 27
(Reserve
- White's Road)
Blocks 28, 29, 32, 33 & 34
(Reserves
- Stonepath Circle)
Blocks 30 & 31
(Reserve
- Aspen Road)
Column II
The Regional Municipality of
Durham
The Regional Municipality of
Durham
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
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.
(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 name, on the final plan, the streets indicated in
Column I of the following Table, with the name set out in Column
II of the Table:
Table
Column I Column II
Road Allowance fronting
Lots 4-7 & Blocks 21 & 22
Stonepath Circle
Road Allowance fronting
Lots 8-14 & Block 23
Road Allowance fronting
Lots 18 & 19
Aspen Road
Cricket Lane
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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
(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, 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.
(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.
10 -
PART 2 - SERVICES (Cont'd)
20. CENERAL PROVISIONS - SERVICES (Cont'd)
(g)
(h)
(i)
(k)
Specifications
Unless otherwise provided, to
done under this Agreement to
in effect at the date hereof.
perform any work required to be
the specifications of the Town
Temporary Signs
To provide and erect at its own cost,
of the Town, temporary signs of such
locations as may be designated by the
Works.
Permanent Signs
To provide and erect at its own cost,
of the Town, permanent signs of such
locations as may be designated by the
Works.
Engineering Drawings
to the specifications
nature and at such
Director of Public
to the specifications
nature and at such
Director of Public
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.
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.
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PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
21.
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) 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:
(i) 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.
22.
(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 Tocan, and further
agrees to obtain similar covenants from any subsequent owner
of any of the lands in the said plan.
TIME LIMIT FOR CONSTRUCTION
The owner agrees to construct or cause to be constructed, thirty-
six (36) housing units, all of which shall be completed within two
(2) years of the date of registration of the plan.
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.
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PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
23. DESIGN PLANNING (Cont'd)
(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:
(i) 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.
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PART 4 - FINANCIAL MATTERS
24. FINANCIAL PAYMENTS
(1) The Owner agrees to pay to the Town a unit levy in the amount
of $1,500 per unit, for each dwelling unit for which a build-
ing 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 ally event, the Owner shall pay all levies due under the
provisions of this section in full, no later than eighteen
(18) months from the date of registration of the plan.
(5) A letter from the Clerk of the Town advising that the unit
levy has been paid shall be deemed to be a release of this
section for the lands referred to in the said letter.
25. LETTER OF CREDIT
The Owner shall, immediately prior to the registration of the
plan, deposit with the Town, an irrevocable bank letter of credit
payable to the Town, in a form satisfactory to the Town, for the
sum of $54,000 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. GENERAI, PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands included in the
said plan of subdivision, as required by law from time to
time.
(b) Local Improvements
Prior to the release of the plan for registration, to prepay
any outstanding local improvement charges which are levied
against any of the lands in the said plan of subdivi_si.on.
(c) Interest
To pay interest at the rate of eighteen per cent (18%) )er
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 documentation, including transfers, in the
Land Titles Office.
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PART 4 - FINANCIAL MATTERS (Ccnt'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, excopt normal gur,rantee
holdbacks, and there are no claims for liens or otherwi:=se in
connection with such work done or material su_-)plied 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 urovide 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
(l.) 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.
- 15 -
PART 5 - PARKS & TREES
29. PROVISION OF PARKLAND
(1) The Parties acknowledge that, in the dedication of parkland
for the owner's subdivisions registered as Plans M-1057, M-
1058 and M-1059, the Owner dedicated a surplus of 2.995
acres.
(2) The Parties further acknowledge that 0.56 acres, 0.478 acres
and 0.7105 acres of that 2.995 acre surplus constituted the
parkland dedications required for the Owner's subdivisions
registered or designated as Plans M-1165, M-1206, and Draft
Plan 1ST-78123, respectively.
(3) It is hereby agreed by the Parties that a further 0.441 acres
of that 2.995 acre surplus shall constitute the parkland ded-
ication required for the development of the subdivision of
the lands affected by this Agreement.
(4) It is hereby acknowledged by the Parties that, as of the date
of this Agreement, the net surplus of parkland dedicated by
the Owner to the Town for, the Ownzer's subdivisions registered
as Plans M-1057, M-1058 and M-1059 is 0.8055 acres.
30. FENCING
(1) The Owner shall erect, upon the completion of final lot grad-
ing and seeding or sodding the lands in the subdivision,
(a) a permanent fence of nine (9) gauge, galvanized steel
link fencing, having 0.05 metre mesh, 1.8 metres high,
along the westerly boundary of the subdivision adjacent
to Lots 1, 2, 3 and Block 25;
(b) a permanent fence of nine and three quarter (9-3/4)
gauge, nine (9) strand, galvanized steel farm fence,
1.22 metres high, having maximum 0.10 x 0.40 metre mt-sh
along the northerly boundary of the subdivision adjacent
to Lots 1 and 8 and Blocks 20, 21, 24, 28 and 31.
(2) The fencing required to be constructed pursuant to clause (a)
of 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 amr,ndcd
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
28 and 31; such barriers to be constructed in accordance with
specifications therefor and to the satisfaction of the
Director of Public works.
(4) Notwithstanding the provisions of clause (b) of subsection
(1), above, no fence shall be required to be erected at the
locations indicated therein if the lands immediately north of
those locations are under active development or have been
developed at the time the fence would otherwise be required
to be erected.
- 16 -
PART 5 - PARKS & TREES (Col-it'd)
31.
32
33.
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.
(2) Vl,iere this is not possible, the Owner shall install.
the parkland, open space or walkways, as the _ase:rc;y,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.
LANDSCAPE PLANNING
(1) The Owner agrees that prior to the issuance of building per-
mits for. any of the units to be erected on the lan_a, 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 approval by the Torn 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".
TREE PLANTING
(1) The Owner shall plant on the lands, trees of a size, number
and type acceptable to the Town.
(2) 1schedule of the ov ner's tree planting scheme shall he
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) M The Owner shall provide at least one (1) tree per
residential unit in the subdivision.
(ii) Where the density is too great to enal:le thi7, quota to
be met, the Owner shall provide $50 per unit for tree
planting in a public land area within the co;,,raunity in
which the plan is located.
34. TREE PRESERVATION
(1) The Owner agrees to retain, at its own expense, a qualified
expert in order to determine which of the existing trees
shall be preserved.
(2) The aforementioned qualified expert 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.
- 17 -
PART 5 - PARKS & TREES (Cont'd)
34. 9'kI;E PRESERVATION (Copt' d)
(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 -
PAPT G - GENERAL FROVISIONS
35. LICENCE TC ENTER
The Owner agrees with the Town to retain a licence fror, 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 ACTIEEMENT
In the event the plan of subdivision is not registered on or
before February 28th, 1982, the Town may, at its option on one
month's notice to the Owner, declare this Agreement to bo null and
void.
37. NOTICE
Any notice required to be
istered mail addressed to
of business and --hall be
ately following the date
Office.
38. ENCUMBRANCERS
given hereunder may be given by reg-
the other Party at its principal place
effective as of the second day irmiedi-
of the deposit thereof in the Post
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 "iris", "her" or "their", respectively, and the
number of the verb agreeing 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 successors
and assigns.
IN WITNESS WHEREOF, the said Parties.have hereunto affixed their
Corporate Seals attested to by the hands of their proper officers in
- 19 -
PART 6 - GENERAL PROVISIONS (Cont'd)
that behalf fully authorized.
SIGNED, SEALED & DELIVERED
BRA ALEA LIMITED
President
Vice-President
THE CORPORATION OF THH TOidN OF PICKERING
Mayor
Clerk
President
ce-President
President
Vice-President _
SCHEDULF. " A"
1. T
2.
3
LIMIT FOR WORK. & GUARANTEE FOR WORKMANSHIP & MATERIALS
(1) 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 Rec-
reation, or the Director of Planning, as the case may be.
(2) 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 Comnletion
(a) Underground One year from the date of the
Services registration of the final
plan of subdivision
(b) Aboveground Two years from the date of the
Services registration of the final
plan of subdivision
TEMPORARY TURNING CIRCLES
Notwithstanding the provisions of sections 6, 7 and 8 of this
Agreement, the Owner shall construct, if required by the Town's
Director of Public Works, at the Owner's sole expense and to the
Town's specifications, a temporary turning circle at the northerly
end of each of Stonepath Circle and Aspen Road, which shall be
removed and replaced with permanent services at the Owner's
expense, when the roads are extended.
DEMOLITION OF EXISTING BUILDI
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.
4. FUTURE DEVELOPMENT BLOCKS
(1) Blocks 22, 23 and 25 shall be
with those lands designated as
Plan of Subdivision 18T-78123.
(2) Blocks 20, 21 and 24 shall be
with those lands designated as
Plan of Subdivision 18T-78092.
developed only in conjunction
Blocks E, If and A on Draft
developed only in conjunction
Blocks B, C and A on Draft
SCHYDULE "B"
1. INDUSTRIAL/CCJWIERC; AL COMPONENT
(1) The owner shall construct within the Town of Pickering, ind-
ustrial or commercial buildings having a total floor area of
not less than 3,344 square metres, and based on the Town's 40
(industrial) - 60 (residential) ratio, shall be entitled
thereby to 36 credits upon which the same number of residen-
tial building unit permits may be issued.
(2) The required industrial or commercial buildings shall he
completed as follows:
(a) the first 2,973 square metres on or before December
31st, 1984, and
(b) a further 371 square metres on or before December
31st in the third year immediately following the year
in which Draft Plan 18T-78092 is registered.
(3) If, on the 1st day of January in any year from, after and
including 1985, the required industrial or commercial build-
ings required to be constructed by that date have not been
constructed, then commencing in 1985, 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 92.9
square metres or part thereof of the required industrial or
commercial buildings not constructed on each January lst.
(4) The owner shall leave deposited with the Town, its perform-
ance guarantee in the amount of $63,000 to guarantee the
satisfactory completion of the required industrial or com-
mercial buildings on or before the date set out in subsection
(2), above, and to secure the payment of any liquidated
damages that may become payable under subsection (3), above.
SCHEDULE " C
1. PHASING
(1) It is acknowledged and agreed that the Owner shall develop
the residential lots and blocks in the plan of subdivision in
two phases, Lots 1-1.9 and Blocks 22, 23 and 25 being the
first phase and Blocks 20, 21 and 24 being the second phase.
(2) The phasing of the development shall be limited to the phas-
ing of the construction of residential dwellings and shall
not include the phasing of the construction of any services
on road allowances.
(3) The provisions of section 22 shall be applicable to both
phases but shall take effect so as to require the housing
units to be completed as follows:
(a) thirty-two (32) units within 2 years of the date of
registration of the plan, and
(b) a further four (4) units within 2 years of the date of
registration of Draft Plan 18T-78092.
(4) The provisions of section 25 shall be applicable to both
phases but shall take effect so as to require the security to
be provided as set out below:
(a) $48,000 prior to the registration of the plan, and
(b) a further $6,000 within 60 days of the registration of
Draft Plan 18T-78092.
(5) The provisions of Schedule "B", section 1, subsection (4),
shall be applicable to both phases but shall take effect so
as to require the security referred to, to be provided as set
out below:
(a) $56,000 prior to the registration of the plan, and
(b) a further $7,000 within 60 days of the registration of
Draft Plan 18T-78092.
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INII IIII IIII IIIII INN IIII IIIII NII II NN
*AA002862*
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1258/81
Being a By-Law to authorize the execution
of a Subdivision Agreement between the
Corporation of the Town of Pickering and
Maple Ridge Homes Ltd. respecting part of
Lot 24, Concession 2, Pickering
(Draft Plan 18T-80021)
WHEREAS, Maple Ridge Homes Ltd, proposes to subdivide and reg-
ister a plan of subdivision of part of Lot 24, Concession 2,
Pickering; and
WHEREAS, that proposal has been approved by the Council of the
Corporation of the Town of Pickering and the Minister of Hous-
ing, subject to several conditions, one of which requires the
entering into of a satisfactory Subdivision Agreement between
Maple Ridge Homes Ltd. 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 Maple Ridge Homes Ltd. respecting the
subdivision of part of Lot 24, Concession 2, Pickering
(Draft Plan 18T-80021).
2. By-Law 1242/81 is hereby repealed.
BY-LAW read a first, second and third time and finally passed
this 2nd day of March , 1981.
SCHEDULE "A" BY-Law 1:58/81
THIS AGREEMENT made in triplicate this 16th day of February, 1981.
B E T W E E N:
MAPLE RIDGE HOMES LTD.
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 -
JUNE VANDENBERG
and
THE ROYAL BANK OF CANADA
(as Debenture-Holder)
and
E. J. R. PHILLIPS INVEST14ENTS LIMITED
a Corporation incorporated under the
laws of the Province of Ontario
hereinafter called the "Encumbrancers"
OF THE THIRD PART.
WHEREAS, the Owner proposes to subdivide certain parts of Lot 24,
Concession 2, in the Town of Pickering in the Regional Municipality of
Durham, and with the consent of the Encumbrancers, to register a plan
of subdivision of those lands, as shown on a draft plan of subdivision
prepared by Marshall, Macklin, Monaghan, Ontario Land Surveyors, des-
ignated as Draft Plan Number 18T-80021; 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 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 those parts of Lot 24, Concession 2, designated as Parts 5 and
10 on a plan of survey of record registered in the said office
as Plan 40R-5886.
- 3 -
PART 2 - SERVICES
2. OWNER'S GENERAL UNDERTAKING
The Owner agrees to complete at its own expense and in a good work-
manlike manner, for the Town, all the municipal services as herein-
after 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 neces-
sary 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 accord-
ing 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 accep-
ted 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 loca-
tions 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
of the system
acceptance of
(5) No connection
or authorized
system by the
connect or authorize connection into any part
but such connection shall not constitute
the sewer system by the Town.
under subsection 4, above, shall be undertaken
prior to preliminary acceptance of the sewer
Town except in an emergency.
0
- 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
utilities.
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 Town 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
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 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
specifications of the Town in effect at the date hereof
and to maintain them until they are formally accepted by
the Town.
(2) If any curb depressions are not located correctly with
respect to a driveway, the Owner shall construct a curb
depression in the correct location and fill in the orig-
inal curb depression according to the said specifications.
- 5 -
PART 2 - SERVICES (Cont'd)
8. SIDEWALKS
The Owner agrees to construct a sidewalk,
(a) on the north side of Street A (Maple Gate Road) adjacent
to Lot 47;
(b) on the south side of the east-west portion and the west
side of the north-south portion of Street A (Maple Gate
Road);
(c) on the west side of the west portion, south side of the
north portion and west side of the east portion of Street
B (Meadowlane Crescent) ;
(d) on the south side of Street C (Cedarwood Court);
(e) on the south side of Court D (Trailwood Court) from the
west side of Lot 118 to the north-east corner of Lot 115;
(f) on the west side of the north-south portion and on the
south side of the east-west portion of Court E (Timber
Court);
(g) on the west side of the west portion and the east side of
the east portion of Crescent F (Wildrose Crescent); and
(h) on the east side of Dixie Road adjacent to the plan of
subdivision;
as illustrated on the sketch immediately following, 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.
- 6 -
PART 2 - SERVICES (Cont'd)
9.
10.
UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE
& STREET LIGHTING
(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 to in subsection (1), above, may include,
but not necessarily be limited to, salaries and wages of
Inspectors, testing fees and administration fees.
11. 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 pro-
vided by the Liability Insurance Policy shall not lapse.
- 7 -
PART 2 - SERVICES (Cont' d)
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
maintenance security in a form satisfactory to the Town and
in an amount established by the Director of Public Works
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 Direc-
tor of Public Works.
(2) Such performance and maintenance security may, at the option
of the Owner, be made up of cash, bond, or irrevocable
letter of credit.
(3) The owner may, from time to time, apply for a reduction in
the cash, bond or letter of credit 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 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, the
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 commence-
ment 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 subdivi-
sion.
(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
supervision of the Owner's Consulting Engineer.
(4) If, in the opinion of t
problems occur prior to
the plan of subdivision
rect them by re-grading
basins, swales or other
correct such problems.
ie Director of Public Works, drainage
formal acceptance of the works in
by the Town, the Owner agrees to cor-
or by the construction of catch
structures as may be necessary to
- 8 -
PART 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 except for paved, planted or treed areas,
upon the completion of the construction of buildings there-
on.
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 speci-
fied 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 com-
pletion, or unreasonably delay the same so that the condi-
tions 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 re-
jected by the Director of Public Works as defective or un-
suitable, 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 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 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.
(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 encumbrances,
within the thirty (30) days immediately following the registra-
tion 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:
- 9 -
PART 2 - SERVICES (Cont'd)
15. DEDICATIONS (Cont'd)
Column I
Street A
(Maple Gate Road)
Street B
(Meadowlane Crescent)
Street C
(Cedarwood Court)
Court D
(Trailwood Court)
Court E
(Timber Court)
Crescent F
(Wildrose Crescent)
16. TRANSFERS - CONVEYANCES
Column II
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Cor_oration of the Town
of Pickering
(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 registration 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:
Column I Column II
Block The Corporation of the Town
(Road Widening of Pickering
- Dixie Road)
Block The Corporation of the Town
(Walkway) of Pickering
Block The Corporation of the Town
(Reserve - of Pickering
Dixie Road)
Block The Corporation of the Town
(Reserve - of Pickering
Dixie Road)
Block The Corporation of the Town
(Reserve - of Pickering
Wildrose Crescent)
Block The Corporation of the Town
(Reserve - of Pickering
Wildrose Crescent)
Block The Corporation of the Town
(Reserve - of Pickering
Cedarwood Court)
Blocks The Corporation of the Town
(Reserves - of Pickering
Maple Gate Road)
- 10 -
PART 2 - SERVICES (Cont'd)
16
17.
18
TRANSFERS - CONVEYANCES (Cont'd)
(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.
TRANSFERS - EASEMENTS
(1) The Owner shall arrange at no cost to the Town for granting
to the Town such easements as the Director of Public Works
or his designate shall deem necessary for the provision of
storm sewer services both within the boundaries of the plan
of subdivision and across lands adjacent thereto but outside
its boundaries.
(2) Such easements shall be subject to the approval of the 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.
STREET NAMING
The Owner shall name, on the final plan, the streets indicated in
Column I of the following Table, with the respective names set
out in Column II of the Table:
Column I
(Draft Plan Designation)
Street A
Street B
Street C
Court D
Court E
Crescent F
19. SERVICE CAPACITY
Column II
Maple Gate Road
Meadowlane Crescent
Cedarwood Court
Trailwood Court
Timber Court
Wildrose Crescent
This Agreement shall be subject to the Owner entering into sat-
isfactory arrangements with the Town and the Regional Municipal-
ity of Durham with respect to the allocation of sewage treatment
plant capacity and water capacity for the development.
- 11 -
PART 2 - SERVICES (Cont'd)
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, includ-
ing 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, other than the
actual construction of roads in the plan of subdivi-
sion without the written consent of the authority
responsible for such lands.
(ii) On request, to supply the Town with an acknowledge-
ment 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 Alan 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.
(ii) Similarly to pay the cost of moving any services or
utilities installed under this Agreement in drive-
ways 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.
- 12 -
PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(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 loca-
tions 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
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.
Such snow plowing and sanding shall be 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.
(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.
- 13 -
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
21. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) 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:
(i) Sewer and water facilities are installed and in
operation 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 building
or part thereof in the Dlan 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 per-
mits 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 vehicu-
lar access to all occupied buildings in the plan of subdi-
vision, 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
The Owner agrees to construct or cause to be constructed, one
hundred and thirty (130) housing units, all of which shall be
completed within two (2) years of the date of registration of
the plan.
- 14 -
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
23. DESIGN PLANNING
(1) (a) The Owner agrees that, prior to the issuance of any
building permit for the construction of any residen-
tial unit on the lands, it shall submit to the Town's
Director of Planning, for approval, a report outlin-
ing 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 res-
idential 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
Director's option, to provide the following informa-
tion:
(i) the location of all buildings and structures
to be erected and the location of all facil-
ities 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.
- 15 -
PART 4 - FINANCIAL MATTERS
24.
25.
26.
FINANCIAL PAYMENTS
(1) The Owner agrees to pay to
amount of $1,500 per unit,
which a building permit is
(2) No building permit shall b
unless payment of the unit
advance of the issuance of
such dwelling unit.
the Town a unit levy in the
for each dwelling unit for
received.
issued for any dwelling unit
levy shall have been made in
such permit with respect to
(3) Payments of such levies shall be made to the Town from time
to time as building permits are required.
(4) In any event, the owner shall pay all levies due under the
provisions of this section in full, no later than eighteen
(18) months from the date of registration of the plan.
(5) A letter from the Clerk of the Town advising that the unit
levy has been paid shall be deemed to be a release of this
section for the lands referred to in the said letter.
LETTER OF CREDIT
The Owner shall, immediately prior to the registration of the
plan, deposit with the Town, an irrevocable bank letter of
credit payable to the Town, in a form satisfactory to the Town,
for the sum of $195,000 as security for:
(a) the payments referred to in section 24 hereof; and
(b) the payment of liquidated damages referred to in subsec-
tion (4) of section 21 hereof.
GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands included in the
said plan of subdivision, as required by law from time to
time.
(b) Local Improvements
Prior to the release of the plan for registration, to pre-
pay any outstanding local improvement charges which are
levied against any of the lands in the said plan of subdi-
vision.
(c) Interest
To pay interest at the rate of eighteen per cent (188) 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.
- 16 -
PART 4 - FINANCIAL MATTERS (Cont'd)
26. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd)
(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 documentation, including transfers, in
the Land Titles office.
(e) Lien or Other Claims
Upon applying for financial acceptance of the subdivision,
to supply the Town with a Statutory Declaration that all
accounts for work and materials have been paid, except nor-
mal 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 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 secur-
ity 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 build-
ing 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.
- 17 -
PART 5 - PARKS & TREES
29. PROVISION OF PARKLAND
(1) The Parties acknowledge that, in the dedication of parkland
for the subdivision designated as Draft Plan 18T-79068, the
owner or related companies dedicated a surplus of 0.9616
hectares.
(2) It is hereby agreed by the Parties that 0.6444 hectares of
that 0.9616 hectare surplus shall consitute the parkland
dedication required for the development of the subdivision of
the lands affected by this Agreement.
(3) It is hereby acknowledged by the Parties that, as of the date
of this Agreement, the net surplus of parkland dedicated by
the Owner or related companies to the Town is 0.3172 hectares.
30. FENCING
(1) The Owner shall erect, upon the completion of final lot grad-
ing and seeding or sodding the lands in the subdivision,
(a) a permanent fence of nine (9) gauge, galvanized steel
link fencing, having 0.05 metre mesh,
(i) 1.8 metres high, along the easterly boundary
of Block 131 adjacent to,
1. Lots 29 and 30, and
2. Lots 47-54, inclusive.
(ii) 1.8 metres high, along,
1. the northerly and southerly boundaries of
Block 137;
2. the easterly boundary of Lot 108 from the
south-east corner thereof to a point 3.Om
north of that corner; and
3. the easterly boundary of Lot 109 from the
north-east corner thereof to a point 3.Om
south of that corner.
(iii) 1.22 metres high along the southerly boundary
of the subdivision adjacent to Lots 1-11,
inclusive; and
(b) a permanent fence of nine and three quarter (9-3/4)
gauge, nine (9) strand, galvanized steel farm fence,
1.22 metres high, having maximum 0.10 x 0.40 metre
mesh along the boundary of the subdivision adjacent
to,
1. Lots 11-19, inclusive,
2. Lots 23-29, inclusive,
3. Blocks 134 and 135,
4. Lot 1, Lot 130, Lot 110 and Lot 109 (except, in
the case of Lot 109, where a chain link fence is
required).
- 18 -
PART 5 - PARKS & TREES (Cont'd)
30. FENCING (Cont'd)
(2) The fencing required to be constructed pursuant to clause
(a) of subsection (1), above, shall be constructed so as
to meet or exceed the requirements for swimming pool enclo-
sures 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 ref-
erred to in subsection (1) is erected, vehicle barriers on
Blocks 134, 135 and 136; such barriers to be constructed in
accordance with specifications therefor and to the satisfac-
tion 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.
(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 prop-
erty line, suitable swales and catch basins to adequately
manage, in the opinion of the Director of Parks and Recrea-
tion, all surface run-off water, draining onto the parkland
open space or walkways from the lands within the subdivi-
sion.
32. LANDSCAPE PLANNING
(1) The owner agrees that prior to the issuance of building per-
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 approval by the Town of
a landscaping clan, 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 lands, 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.
- 19 -
PART 5 - PARKS & TREES (Cont'd)
33. TREE PLANTING (Cont'd)
(5) (i) The Owner shall provide at least one (1) tree per resi-
dential 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 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 ex
expert in order to determine which of the
shall be preserved.
(2) The aforementioned qualified expert shall
Preservation Program, which program shall
the Director of Planning and shall not be
until it has received the approval of the
ning.
sense, a qualified
existing trees
prepare a Tree
be submitted to
put into effect
Director of Plan-
(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.
-20-
PART 6 - GENERAL PROVISONS
35. LICENCE TO ENTER
36.
37
38
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.
CANCELLATION OF AGREEMENT
In the event the complete
on or before August 31st,
one month's notice to the
null and void with respect
plan.
NOTICE
Any notice required to
istered mail addressed
place of business and
immediately following
Post Office.
ENCUMBRANCERS
plan of subdivision is not registered
1982, the Town may, at its option on
owner, declare this Agreement to be
to any unregistered portion of the
be given hereunder may be given by reg-
to the other Party at its principal
shall be effective as of the second day
the date of the deposit thereof in the
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 estab-
lished 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 instru-
ment 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 agreeing 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.
' _I --
PART 6 - GENT,,P1J, PPOWTSTmT,', (Cunt' (j)
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.
IN WITNESS WHEREOF, the said Parties have hereunto affixed their
Corporate Seals attested to by the hands of their proper officers in
that behalf fully authorized.
SIGNED, SEALED & DELIVERED
MAPLE RIDGE HOMES LTD.
Pres
Vice-President
THE CORPORATION OF THE TOITN OF PICKERING
yor
Clerk
In the presence of
JUNE VANDENBERG
THE ROYAL BANK OF CANADA, By Its Attorneys
Power of Attorney
registered as No. Per:
LT106683
on April 24, 1980
Per:
E. J. R. PHILLIPS INVESTMENTS LIMITED
President
SCHEDULE "A"
1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
(1) 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 workmanshin 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.
(2) 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 One year from the date of the
Services registration of the final
plan of subdivision
(b) Aboveground Two years from the date of the
Services registration of the final plan
of subdivision
2
3
TEMPORARY TURNING CIRCLES
Notwithstanding the provisions of sections 6, 7 and 8 of this
Agreement, the Owner shall construct, at its sole expense and
to the Town's specifications, a temporary turning circle at the
easterly end of Cedarwood Court, which shall be removed and re-
placed with permanent services at the owner's expense, when the
road is extended.
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.
4. WALKWAY TREATMENT
The owner agrees to construct a walkway between the curb on
Trailwood Court adjacent to Block 137 and the easterly boundary
of the subdivision and along the full length of the walkway des-
ignated as Block 137, 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.
SCHEDULE "B"
1.
INDUSTRIAL/COMMERCIAL COMPONENT
(1) The Owner shall construct within the Town of
trial or commercial buildings having a total
less than 12,077 square metres, and based on
(industrial) - 60 (residential) ratio, shall
by to 130 credits upon which the same number
building unit permits may be issued.
(2) The required industrial or commercial buildings shall be com-
pleted on or before,
Pickering, indus-
floor area of not
the Town's 40
be entitled there-
of residential
(a) December 31st in the third year immediately following
the issuance of the first residential building permit
for a lot or block in this plan, or
(b) December 31st, 1987,
whichever first occurs.
(3) If, on the 1st day of January in any year after the year in
which they are to be completed, the required industrial or
commercial buildings have not been constructed, then 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 92.9 square metres or part thereof of the
required industrial or commercial buildings not constructed
on each January lst.
(4) The Owner shall leave deposited with the Town, its perform-
ance guarantee in the amount of $225,000 to guarantee the
satisfactory completion of the required industrial or com-
mercial buildings on or before the dates set out in subsec-
tion (2), above, and to secure the payment of any liquidated
damages that may become payable under subsection (3), above.
SCHEDULE "C"
1. SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF HOUSING
The sections set out in this Schedule represent provisions required
to be inserted in this Agreement by the conditions of draft appro-
val, dated December 31st, 1980 of Draft Plan 18T-80021 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.
2. ONTARIO HYDRO
(1) The owner shall install a permanent boundary fence, at its
expense, to keep hydro lands free of debris and vehicle
traffic and any other unauthorized use.
(2) The owner shall, prior to final approval, submit a drainage
plan to Ontario Hydro for approval.
3. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY
- ENGINEERING & DRAINAGE REPORT
The owner shall,
(a) prepare a detailed Engineering and Drainage Report, acceptable
to the Metropolitan Toronto and Region Conservation Authority,
describing,
(i) the storm management techniques which will be employed
to minimize the amount of storm water drainage from
the subject lands; 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
(b) carry out, or cause to be carried out, recommendations referred
to in the Report required in (a).
4. DURHAM BOARD OF EDUCATION
- NOTICE TO PURCHASERS RE TRANSPORTATION OF ELEMENTARY SCHOOL
STUDENTS
The purchasers of the homes within the development shall be
advised with (within) the Agreement of Purchase and Sale that
although there is a proposed school site within the adjacent
development, students from the subject development may have to
be transported to existing schools and that a school is not
likely to be built for several years and only then if it can be
justified to the satisfaction of the Minister of Education.
SCHEDULE "D"
1. MAPLE RIDGE DEVELOPMENT CONNECTING ROAD
(1) On or before the thirtieth day following the registration of
the plan herein, the owner shall obtain and register, at its
cost, a conveyance from Ontario Hydro to the Town of that
part of Lot 24, Concession 2, Pickering, designated as Parts
1, 2 and 3, Plan 40R-6054, which conveyance shall be at no
cost to the Town and free and clear of all encumbrances, save
and except a sewer easement in favour of Her Majesty the Queen
in Right of Ontario over Part 2, Plan 40R-6054.
(2) The owner shall construct, on the lands referred to in sub-
section (1), above,
(a) a road,
(b) curbs and gutters,
(c) a storm drainage system, and
(d) a sidewalk along the entire west side of the said road,
to the Town's specifications, to the satisfaction of the
Director of Public Works, according to such time limits as
would be applicable if the lands were being developed as an
integral part of the subdivision plan herein.
(3) The provisions of sections 12 and 14 of this Agreement shall
apply to the works required to be constructed under subsec-
tion (2), above, except that,
(a) the security may be provided by the Owner's contractor,
and
(b) the guarantee period for workmanship and materials shall
be one (1) year.
(4) The owner shall construct at its sole cost, on the boundaries
of the lands referred to in subsection (1), above, and the
abutting lands owned by Ontario Hydro, a permanent post and
cable fence, with chained vehicle entrances, to specifications
approved by the Director of Parks and Recreation.
(5) The provisions of sections 12 and 14 of this Agreement shall
apply to the works required to be constructed under subsection
(4), above.
(6) The entire cost of the design and construction of the services
required to be constructed under subsection (2), above, shall
be borne by the Town which shall reimburse the Owner period-
ically as invoices are submitted and verified by the Town and
the usual holdback periods expire.
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