HomeMy WebLinkAboutBy-law 1272/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAIQ NO. 1272/81
Being a By-Law to authorize the execution
of a Subdivision Agreement between the
Corporation of the Town of Pickering and
Nolmar Properties Ltd. respecting Part
Lot 28, Concession 1, Pickering and to
repeal By-Law 1018/79 (Draft Plan
18T-77059)
I ?'r
WHEREAS, Nolmar Properties Ltd. has proposed to subdivide and
register a plan of subdivision of Part Lot 28, Concession 1,
Pickering as shown on a draft plan of subdivision dated May
30th, 1977 and designated as Draft Plan No. 18T-77059; and
WHEREAS, such proposal has been approvad by the Council of
the Corporation of the Town of Pickering and the Ministry of
Housing, subject to several conditions, one of which requires
the entering into of a satisfactory Subdivision Agreement
between Nolmar Properties Ltd. and the Corporation of the
Town of Pickering; and
WHEREAS, on July 3rd, 1979, the said Council enacted By-Law
1018/79, authorizing the execution of such a Subdivision
Agreement, but that pursuant to a provision therein, the
said Agreement was declared to be null and void by Resolution
136/80 (Item 14), passed December 15th, 1980; and
WHEREAS, it is deemed desirable to authorize the execution of
a revised Subdivision Agreement;
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 Nolmar Properties Ltd. respecting the
subdivision of Part Lot 28, Concession 1, Pickering
(Draft Plan 18T-77059).
2. By-Law 1018/79 is hereby repealed.
BY-LAW read a first, second and third time and finally passed
this sixth day of April , 1981.
yor
Clerk
SCHFnULE "A" to By-law 1272/81
THIS AGREEMENT made in triplicate this day of , 1981.
B E T W E E N:
NOLMAR PROPERTIES 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 -
ERNEST TSCHIPPER
and
URSULA TSCHIPPER
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, Ontario Land Surveyor, dated May 30th,
1977, and designated as Draft Plan Number 18T-77059; and
WHEREAS, the Encumbrancers have certain
nature of encumbrances relating to the lands
NOW THEREFORE, THIS AGREEMENT WITNESSET
the Town approving the said proposed plan of
covenants hereinafter expressed, the Parties
one with the other as follows:
rights or interests in the
affected hereby;
3, that in consideru,:ion of
subdivision, and the
hereto covenant and agree
--2-
PART 1 - PROPERTY DESCRIPTION
1. LAND AFFECTED
The lands affected by this Agreement are:
FIRSTLY, all and singular that certain parcel or tract of land
lying and being in the Town of Pickering, in the Regional Muni-
cipality of Durham being part of Lot 28, Concession 1, of the
original Township of Pickering, County of Ontario, designated as
Part 1 on a Plan of Survey of Record filed in the Land Titles
Office (No. 40) for the Land Titles Division of Durham, at Whitby,
as Plan 40R-4049;
SECONDLY, all and singular that certain parcel or tract of land
lying and being in the Town of Pickering, in the Regional Munici-
pality of Durham, and being part of Block C-1 on Plan M-1059
(Pickering), registered in the Land Titles Division of Durham (No.
40) at Whitby, now designated as Part 2 on Plan 40R-3157;
SUBJECT TO A RIGHT in the nature of an Easement in favour of
Bramalea Limited, its servants and agents, its successors and
assigns, and in favour of the Corporation of the Township of
Pickering, its servants and agents, successors and assigns as set
out in Transfer LTD 31128.
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PART 2 - SERVICES
2. OWNER'S GE`EPAL 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 parr.°ent for such other matters as may be provided for
herein.
3. CONSULTING --NGINEERS
(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 SEWEP.S
(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 acceptance
of the sewer system by the Town.
(5) No connection tinder subsection 4, above, shall be undertaken
or authorized prior to preliminary acceptance of the sewer
system by the Town except in an emergency.
5. BOULEVARDS - 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 the boulevard por-
tions of Parkside Drive.
- 4 •.
PART 2 - SERVICES (Copt' d)
5. BOULEVARDS - ROUGH GRADE (Cont'd)
(2) The owner further
free of materials
the installation
ties.
6. ROADS - PAVED
agrees to keep all boulevards clear and
and obstructions which might interfere with
of electric, telephone, gas or other u*_ili-
(1) The Owner agrees to reconstruct, if disturbed, Parkside
Drive, or parts thereof, according to the specifications for
paved roads of the Town in effect at the date hereof.
(2) The Owner covenants and agrees that, until assumption by the
Town, it will maintain and repair those roads, or portions
thereof, both within and outside the plan of subdivision
where construction has taken place or that are used by con-
struction traffic entering the plan of subdivision and keep
such roads, or portions thereof, clear of dust, refuse,
rubbish or other litter of all types.
(3) The Owner will erect and maintain adequate signs to warn all
persons using that part of Parkside Drive in the plan of
subdivision that the maintenance of it has not been assumed
by the Town from the time that it is opened until formal
assumption by the Town.
(4) 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 reconstruct, if disturbed, curbs and
gutters on Parkside Drive 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 original curb depression
according to the said specifications.
8. SIDEWALKS
The Owner agrees to construct a sidewalk,
(a) on the north and west sides of Parkside Drive within and
adjacent to the plan of subdivision;
(b) on the east side of White's Road adjacent to the plan of sub-
division; and
(c) on the south side of Finch Avenue adjacent to 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.
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PART 2 - SERVIC!'S (Cont'd)
9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE &
STREET LIGTTTING
(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 any additions required to the street lighting of Parkside
Drive.
(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.
'10. 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 Toon 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 !'.e
Town of the dates for the renewal of the premium of the said
policy and to supply proof that the premium of the sa9r
policy has been paid in order that the protection provided by
the Liability Insurance Policy shall not lapse.
- G -
PART 2 - SERVICES (Cont'd)
12. PERFORMANCE & MAINTENANCE GUARANTEE
(1) Before commencing any of the work provided for herein, the
O^Aner small supply the Town with a 1003 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 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
credi t.
(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 (103) 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. GRADING, 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, if required by the Town, of the
Metropolitan Toronto and Region Conservation Authority.
(3) The grading of all lands shall be carried out by the owner in
accordance with the Grading Control Plan, under the supervi-
sion of the owner's Consulting Engineer.
(4) if, in the opinion of the Director of Public Works, drainage
problems occur prior to formal acceptance of the works in the
plan of subdivision by the Town, the Owner agrees to correct
them by re-grading or by the construction of catch basins,
swales or other structures as may be necessary to correct_
such problems.
(5) The owner agrees to sod the front, side and rear yards of
each of the residential lots except for paved, planted or
treed areas, upon the completion of the construction of
buildings thereon.
- 7 -
PART 2 - SERVICES (font'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 violated or carelessly executed, or in bad faith, or
shall the Owner neglect or -refuse to renew or again perform
such work as may be rejected by the Director of Public works
as defective or unsuitable, or shall the Owner in any other
manner, in the opinion of the Director of Public Works, make
default in performance of the terms of this Agreement, then
in any such case, the said Director of Public Works shall
promptly notify the Owner and his surety in writing of such
default or neglect and if such notification be without effect
within 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 (200) 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 Tom 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, tae lands indicated in Column I of the follow-
ing Table to the respective authority named in Column II of the
Table:
Table
Column I
Block
(Parkside Drive)
Column II
The Corporation of the Town
of Pickering
Blocks
(White's Road & Finch Avenue)
The Regional Municipality
of Durham
- 8 -
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
17.
18.
Column I
Block
(Reserve - White's Road &
Finch Avenue)
TRANSFERS - EASEMENTS
Column II
The Regional Municipality
of Durham
(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
Column I of the
II of the Table:
name, on the final plan, the street indicated in
following Table, with the name set out in Column
Table
19
Column I
Block
SERVICE CAPACITY
Column II
Parkside Drive
This Agreement shall be subject to the owner entering into satis-
factory arrangements with the Town and the Regional Municip`_?ty
of Durham with respect to the allocation of sewage treatmenc plant
capacity and water capacity for the development.
20. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
- 9 -
PART 2 - SERVICLS (Cont'(1)
20.
GENERAL PROVISIONS - SERVICES (Cont'd)
(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
travelled portion of the road 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 or reconstruction of roads in or adjacent
to the plan of subdivision, without the written con-
sent of the authority responsible for such lands.
(ii) On request, to supply the Town with an acknowledgement
from such authority of the owner's compliance with the
terms of subclause (i), above.
(iii) That there shall be no burning of refuse or debris
upon its lands or any public lands.
(d) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or 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.
(e) Relocation of Services
(i) To pay the cost of relocating any existing services
and utilities caused by the subdivision work within
thirty (30) days of the account for same being 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.
(f) Specifications
Unless otherwise provided, to perform any work required to be
done under this Agreement to the specifications of the :own
in effect at the date hereof.
(g) Temporary Signs
To provide and erect at its own cost, to the specifications
of the Town, temporary signs of such nature aid at such
locations as may be designated by the Director of Public
Works.
- 10 -
PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(h)
(i)
(k)
Permanent Signs
To provide and erect at its own cost, to the specifications
of the Town, permanent signs of such nature and at such
locations as may be designated by the Director of Public
Works.
Engineering Drawings
Prior to `he 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.
Pre-Servicing Payment
To pay to the Town on or before the registration of the plan,
the sum of $4,800 being the cost to the Town of the construc-
tion of storm sewer laterals to service the proposed units in
this plan of subdivision.
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.
- 11
PART 3 - CONSTRUCTION & OCCUPANCY Or 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 adequate
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
22.
(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 Tourn 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.
(b) The issuance by the Town of municipal occupancy permits
for each and •every building on any lot or block in the
plan of subdivision shall be deemed to be a release from
the provisions of this subsection with respect to that
lot or block.
(5) The owner further covenants and agrees to maintain vehicular
access to all occupied buildings in the plan of subdivision,
until the roads are formally assumed by the Town, and further
agrees to obtain similar covenants from any subsequent owner
of any of the lands in the said plan.
TIME LIMIT FOR CONSTRUCTION
The Owner agrees to construct, or cause to be constructed, sixteen
(16) 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.
- 12 -
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 residential
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;
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.
- 13 -
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 of the first fifteen (15) dwell-
ing units for which a building permit is received.
(2) No building permit shall be issued for any of the first
fifteen (15) dwelling units unless payment of the unit levy
shall have been made in advance of the issuance of such
permit with respect to such dwelling unit.
(3) Payments of such levies shall be made to the Town from time
to time as building permits are required.
(4) In any event, the Owner shall pay all levies due under the
provisions of this section in full, no later than eighteen
(18) months from the date of registration of the plan.
(5) A letter from the Clerk of the Town advising that the unit
levy has been paid shall be deemed to be a release of this
section for the lands referred to in the said letter.
25. LETTEk 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 $24,000 as security for:
(a) the payments referred to in section 24 hereof; and
(b) the payment of liquidated damages referred to in subsection
(4) of section 21 hereof.
26. GENERAL PROVISIONS - FINANCIAL MATTERS
The owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands included in the
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 subdivision.
(c) Interest
To pay interest at the rate of eighteen per cent (18%) per
annum to the Town on all sums of money payable herein which
are not paid on the due dates calculated from such due dates.
(d) Registration Fees
To pay all registration costs incurred by the Town relating
in any way to the registration of the plan of subdivision or
any other related documentation, including transfers, in the
Land Titles Office.
.}
- 14 -
PART 4 - ?INANCIAL MATTERS (Cont'd)
26. GENERAL PROVISIONS - FINANCIAL MATTERS
(e) Lien or Other Claims
Upon applying for final acceptance of the subdivision, to
supply the Town with a Statutory Declaration that all accounts
for work and materials have been paid, except normal guarantee
holdbacks, and there are no claims for liens or otherwise in
connection with such work done or material supplied for or on
behalf of the owner in connection with the 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 SESCURITIES
(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 farther security shall be to the satisfaction of the
Town.
(3) Should no such further security he 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 To%,m
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
30
31.
32
CASII-IN-LIEU OF PARKLAND
Prior to the registration of the plan, the owner shall pay to the
Town the sum of $9,200 cash-in-lieu of the provision of parkland
and the Town hereby agrees to accept such sum for such purpose.
FENCING
(1) The owner shall erect, upon the completion of final lot grad-
ing and seeding or sodding the lands in the subdivision a
permanent fence of nine (9) gauge, galvanized steel link
fencing, having 0.05 metre mesh, 1.8 metres high, along the
entire westerly and northerly boundaries of the subdivision.
(2) The fencing required to be constructed pursuant to subsection
(1), above, shall be constructed so as to meet or exceed the
requirements for swimming pool enclosures as set out in Part
II of the Town's By-Law 425/76, as amended from time to time,
or any successor thereto.
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 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) A schedule of the owner's tree planting scheme shall be
approved by the Director of Planning prior to the planting of
any trees.
(3)- A list of acceptable tree species and sizes will be provided.
(4) The trees approved by the Town shall be planted by the Owner
no more than six (6) months after final grading is done in the
specified area.
(5) (i) The owner shall provide at least one (1) tree per
residential unit in the subdivision.
(ii) Where the density is too great to enable this quota to
be met, the Owner shall provide $50 per unit for tree
planting in a public land area within the community in
which the plan is located.
- 16 -
PART 5 - PARIxS & 'L-REFS (Cony d)
33. 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.
(3) In determining whether or not to approve the Tree Preservation
Program, the Director shall be governed by the Town Tree
Preservation Guidelines in effect as at the date hereof.
- 17 -
PART 6 - GENERAL PROVISIONS
34. LICENCE TO ENTER
The Owner agrees with the Town to retain a licence from any sub-
sequent purchaser of the aforesaid lands to enter upon such lands
in order to comply with the provisions of this Agreement.
35. CANCELLATION OF AGREEMENT
In the event the complete plan of subdivision is not registered on
or before Dece.iber 31st, 1981, the Town may, at its option on one
month's notice to the owner, declare this Agreement to be null and
void with respect to any unregistered portion of the plan.
36. NOTICE
Any notice required to be given hereunder may be given by reg-
istered mail addressed to the other Party at its principal place of
business and shall be effective as of the second day immediately
following the date of the deposit thereof in the Post office.
37. ENCUMBRANCERS
The Encumbrancers agree with the Town that this Agreement shall
have priority over and take precedence over any of their rights or
interests affected hereby, whether or not any such right or inter-
est 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 affec-
ted hereby, or any part of them, prior to the registration of this
Agreement.
38. 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" and "B" attached hereto shall
- form part of this Agreement.
39. TIME
Time shall be of the essence of this Agreement.
40. BINDING PARTIES
This Agreement and everything herein contained shall enure to the
benefit of and be binding upon the Parties hereto, their successors
and assigns.
IN WITNESS WHEREOF, the Parties of the First and Second Parts have
hereunto affixed their respective Corporate Seals attested to by the
- 18 -
PART 6 - GENERAL, PROVISIONS (Cont'd)
hands of their proper officers in that behalf fully authorized, and the
persons comprising the Party of the Third Part have hereunto affixed
their hands and seals.
SIGNED, SEALED & DELIVERED
NOLMAR PROPERTIES LTD.
President
Vice-President
TH1EyI CORPORATION OF THE TOWN OF PICKERING
In the presence of
ERNEST TSCHIPPER
URSULA TSCHIPPER
SCHEDULE "A"
1
TIME LIMIT FOR WORN & GUARANTEE FOR NvORKMANSHIP & 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 Completion
(a) Undergromd 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. 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.
SCHEDULL "B"
1. INDUSTRIAL/COMMr.RCIAL 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 1, 393. 5 square metres, and based on the Town' s
40 (industrial) - 60 (residential) ratio, shall be entitled
thereby to 15creaits upon which the same number of residential
building unit permits may be issued.
(2) The required industrial or commercial buildings shall be
completed before December 31st, 1984.
(3) If, on the 1st day of January in any year from, after and
including 1985, the required industrial or commercial build-
ings have not been constructed, then commencing in 1985, the
Owner shall pay annually to the Town on the 15th day of Jan-
uary 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 1st.
(4) The owner shall leave deposited with the Town, its performance
guarantee in the amount of $50,000 to guarantee the satisfac-
tory completion of the required industrial or commercial
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.
(5) The completion of the demolition of the existing buildings
located on Lots 1 and 2 shall entitle the owner to one (1)
further credit upon which one (1) further residential building
permit may be issued.
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2. APPLICATION FOR REZONING BY E. & A. TSCHIPPER
ON PART OF LOT 20, CONCESSION 1.
FILE NUMBER B2400 - A2/77
That the Draft Plan of Subdivision 18T-77059 of Part
Lot 28, Concession 1, by E. & A. Tschipper be APPROVED
subject to the following conditions:
? 1. The development of this Plan shall be the subject
of an amendment to the Restricted Area By-law 3036,
as amended, to implement the Official Plan to provide
for the following:
(a) An appropriate zoning to permit the proposed
8 semi-detached lots which should include:
(i) minimum 65 ' lot frontage
(ii) minimum 31550 sq. ft. lot area
per dwelling.
(iii) minimum floor area of 1,200 sq. ft.
(iv) maximum building coverage 338.
2. Changes in "r ed" as shown on the plan stamped
approved this date.
? 3. Satisfactory arrangements with Council re
provision of parklands.
4. Satisfactory Subdivision Agreement to be entered
into between the Town of Pickering and the owner;
this Agreemen t shall be to the satisfaction of the
Town of Picke ring.
J 5. Satisfactory agreements with Town and Regional
Council re pr ovision of all services.
? 6. Owner agrees to dedicate the following to the
satisfaction of the Town and other proper authorities:
(a) Block "C" to form part of a 66' road
allowance with proper corner roundings.
6. (b) 26' strip along Finch Avenue plus 1' reserve
on the subject property shown as Block "A"
and a 16' strip along Whites Road shown as
Block "B", plus a 1' reserve along the Whites
Road frontage.
(c) 1' reserve shown as Block "D".
(d) Any other easement, if required.
7. The allocation of sewage treatment plant capacity
and water capacity for the development.
8. That the 1' reserve on the northerly, end of
Parkside Drive known as Blocks "P-1" and "D-1",
Plan M-1059, be lifted by the Town.
J 9. Satisfactory arrangement with proper authorities
re underground wiring and street lighting.
10. Registration of the Draft Plan of Subdivision
and construction occurring within 18 months of
draft approval of the subject Plan of Subdivision/
or full services being available.
,I 11. Site location of all dwellings shall be submitted
to the Town of Pickering Planning Department
indicating the relationship of building by blocks
prior to the issuance of building permits.
i
Ontario
0
Ministry
of
Housing
Plans Administration Division
February 21, 1978
Parhet Engineering
80 Barbodos Blvd.
Unit Yr 19
Limited V'j 1` 3
Scarborough, Ontario
M1J 1K9
Dear Sirs:
`? C! • ?•? Gr P1(`K-RING
PJ.cKEl""G, ONTA,110,
56 Wellesley St. West
6th Floor
Toronto, Ontario
M7A 21C4
SUBJECT: Town of Pickering 1 17
Pt. of Lot 28 Conc. 1
our File: 18T-77059
Agent: Parhet Engineering
Limited
Tel: 416-267-4734
The above draft plan has been approved subject
to the amendments and conditions noted on
Page 2. A copy, endorsed to this effect and
signed by the Minister, is enclosed.
When the survey has been completed and the
final plan prepared; the following should be
forwarded to this Ministry:
(a) the original linen
(b) three mylar copies
(c) one opaque linen
(d) three white paper prints
Under section 33(12a) of The Planning Act, if
this plan is not given final approval by the
Minister within three years of the date of this
letter, the draft approval shall lapse. However,
the Minister may, on request, extend the period
of the draft approval.
Yours truly,
J. Malcolm
Subdivisions Branch
r", 1
C. C. O.L.S.
Owner
Planning Dept.
VClerk
Region
MOE
MN R
Public Sch. Bd.
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February 21, 1.9
File No: 18T-77059
The Minister's conditions and
approval of the final plan for
subdivision are as follows:-
No.
l
amendments applying to the
registration of the subject
Conditions
1. That this approval applies to
the draft plan, drawing number
7708-2 (Parhet Engineering Limited),
by I.M. Pastushak, Ontario Land
Surveyor, dated May 30, 1977,
as revised in red to show a total
of 8 lots for 16 semi-detached
units.
2. That a 45' x 10' sight triangle
on the south-east corner of Finch
Avenue (Regional Road No. 37)
and Whites Road (Regional Road No. 38)
as widened, be dedicated to the
Regional Municipality of Durham.
3. That a 1'0" reserve along Finch
Avenue and Whites Road, as widened
with sight triangle, be dedicated
to the Regional Municipality
of Durham.
4. That Block "A" along Finch Avenue
(Regional Road No. 37) and Block "B"
along Whites Road (Regional Road
No. 38) be dedicated to the Regional
Municipality of Durham as road
widening.
5. That the street shall be named
to the satisfaction of the
Town of Pickering and Region
of Durham.
6. That the road allowances included
in this draft plan of subdivision
shall be dedicated as public
highways. This shall include
Block "C".
(Cont'd.)
s
M 9"M
f?
February 21, 1
File No: 18T-770 9
No. Conditions Continued
./ 7. That the owner conveys land in
the amount of 5% of the land
included in the plan to the
municipality for park purposes
pursuant to the provisions of
section 33(5)(a) of The Planning
Act. Alternatively, the munici-
pality may accept cash in lieu
of the said conveyance and, under
the provisions of section 33(8)
of The Planning Act, the munici-
pality is hereby authorized to
do so.
J 8. That any dead ends and open sides
of road allowances created by
this plan of subdivision shall
be terminated in one-foot reserves,
to be conveyed to the municipality
and held in trust by the munici-
pality until required for future
road allowances or the development
of adjacent land.
9. That prior to the signing of
the final plan by the Minister,
we are to be advised that any
necessary amendment to the restricted
area by-law has been approved
by the Ontario Municipal Board.
10. That such easements as may be
required for utility or drainage
purposes shall be granted to
the appropriate authority.
11. That the owner agrees in writing
to satisfy all the requirements,
financial and otherwise, of the
Town of Pickering concerning
the provision of roads, installa-
tion of services and drainage.
(Cont'd.)
IM I , 7,
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February 21, 1.978
File No: 18T-77059
No. Conditions Continued
12. That the owner agrees in writing
to satisfy all the requirements,
financial and otherwise, of the
Region of Durham concerning the
provision of roads, installation
of services and drainage.
13. That sufficient sanitary sewers
and water services be available
to service this plan.
14. That the plan be phased to the
satisfaction of the Town of
Pickering and Region of Durham.
15. That prior to the signing of
the final plan by the Minister,
we are to be advised by the
Town of Pickering that conditions
to 11 inclusive and 14?have
'Been carried out to their satis-
faction. The clearance letter
from the municipality shall include
a brief statement for each condition
detailing how each has been satisfied
and carried out.
16. That prior to the signing of
the final plan by the Minister,
we are to be advised by the
Region of Durham that conditions
2 to 5 inclusive, 10, 12, 13
and 14 have been carried out
to their satisfaction. The
clearance letter from the munici-
pality shall include a brief
statement for each condition
detailing how each has been
satisfied and carried out.
NOTES:
1.
Conveying
(a) As the land mentioned above to be conveyed to
the municipal corporation can be more easily
anr?rihod in the conveyance by reference to
?'T'7
?l:N:
• February 21, 1908
r'
File No: 18T-77059
Notes Continued
(b) We further suggest that the owner give to the
municipality an undertaking to deposit with
the clerk a properly executed copy of the con-
veyance concurrent with the registration of
the plan.
2. Lands Required to be Registered under The Land
Titles Act
We suggest that you make yourself aware of section
160a(1) of The Land Titles Act, which requires all
new plans registered in a land titles division to
be registered under the land titles system and of
section 160a(2) which allows certain exceptions.
3. Registration of Subdivision Agreement
It is suggested that the municipality, for their
own protection against possible future liability,
and for notice to prospective purchasers, register
the subdivision agreement against the land to which
it applies as provided by section 33(6) of The Planning
Act.
9. Lapsing of draft approval ]
if final approval is not given to this plan within 1
three years of the date of draft approval, the draft {
approval shall lapse pursuant to section 33(12a) 1
of.The Planning Act. ti
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