HomeMy WebLinkAboutBy-law 1285/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1285/81
Being a By-Law to authorize the execution of
a Subdivision Agreement between The Hurlstone
Development Corporation and the Corporation
of the Town of Pickering respecting the devel-
opment of Draft Plan 18T-78092 in Part Lot 28,
Concession 1, Pickering.
WHEREAS, The Hurlstone Development Corporation proposes to
subdivide and register a plan of subdivision of Part of Lot
28, Concession 1, Pickering (Draft Plan 18T-78092); 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 The Hurlstone Development Corporation and the Corpor-
ation 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 The Hurlstone Development Corporation
respecting the subdivision of Part of Lot 28, Concession
1, Pickering (Draft Plan 18T-78092).
BY-LAW read a first, second and third time and finally passed
this 4th day of May , 1981.
r
rMayor
Clerk
1?;;tw't4 d
t0 iv iU;
16
SCHEDULE "A" to By-law 1285/81
THIS AGREEMENT made in triplicate this 4th day of May, 1981.
B E T W E E N
THE HURLSTONE DEVELOPMENT CORPORATION
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
n
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 Marshall, Macklin, Monaghan, Ontario Land Surveyors, dated
July, 1979, as revised, designated as Draft Plan Number 18T-78092; and
WHEREAS, the Encumbrancers have certain rights or interests in
the nature of encumbrancers 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 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
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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.
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PART 2 - SERVICES (Cont'd)
5. ROADS - ROUGH GRADE
(1) Prier 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.
PART 2 - SERVICES (Cont'd)
8. SIDEWALKS
The Owner agrees to construct a sidewalk,
(a) on the south side of New Street;
(b) on the south side of Woodruff Crescent;
(c) on the west side of the north-south portion and the
north side of the east-west portion of Stonepath
Circle;
(d) on both sides of Aspen Road;
(e) on both sides of Una Road; and
(f) on the east side of White's Road 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.
11
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PART 2 - SERVICES (Cont' d;
9.
10
11
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 inszection
of Pickering Hydro-Electric Commission and Pickering Cable
TV Limited, as the case may be.
INSPECTION OF 117ORK
(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 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) rays of the account therefor being
rendered by the iown.
(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.
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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 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
credit.
(3) The Owner may, from time to time, apply for a reduction in
the cash 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 balance
of the security shall be returned to the Owner subject to
any deductions for maintenance purposes.
(S) 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 Consultina
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 subdiv-
ision.
(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.
(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 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 cor-
rect them by re-grading or by the construction of catch
basins, swales or other structures as may be necessary to
correct such problems.
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PART 2 - STIRVICES (Cunt' 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 (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
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:
1
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PART 2 - SERVICES (Cont'd)
15. DEDICATIONS (Cont'd)
Column I Column II
Stonepath Circle
Aspen Road
New Street
Una Road
Woodruff Crescent
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
16. TRANSFERS - CONVEYANCES
1. The Owner shall convey free and clean of all encumbrances,
at no cost to the Grantee, upon the registration of the
plan or within 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 IT of the Table:
Column I
Block 62
(Road Widening
- White's Road)
Block 61
(Reserve -
White's Road)
Block 63
(Reserve -
Woodruff Crescent)
Block 64
(Reserve -
Aspen Road)
Block 65
(Reserve -
Stonepath Circle)
Block 66
(Reserve -
New Street-)
rl ,,m» TT
The Regional Municipality of
Durham
The Regional Municipality of
Durham
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
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PART 2 - SERVICES (Cont'd)
16. TRANSFFAZS - CONVEYANCE'S (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 in place
prior to the date of this Agreement.
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 easement shall be subject to the approval of the
Director of Public Works or his designate as to their
location and width.
(3) The construction of any services in such easement or ease-
ments shall not commence until the easement has been acquired,
unless permisr;ion 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 respective names set
out in Column II of the Table:
Column I Column IT
Street forming north
boundary of subdivision
New Street
Street running north from
Block 64 to New Street
Street running north and east
from Block 65 to Aspen Road
Street running west from
Block U-1, Plan M-1058 to
Aspen Road
Street running west from
Block 63 to Aspen Road
Aspen Road
Stonepath Circle
Una Road
Woodruff Crescent
19. SERVICE CAPACITY
This Agreement shall. be subject to
satisfactory arrangements with the
Municipality of Durham with respect
sewage treatment plait capacity and
development.
the Owner entering into
Town and the Regional
to the allocation of
water capacity for the
- i_ .1. ..
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 Token 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 plan does not use roads, in this
plan or adjacent plans, having occupied residential units
fronting thereon.
(e) Qualitative or Quantitative Tests
The Director bf 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 nay 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 `.cork regnired 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 Drawi.n s
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.
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ART 3 - CONSTRUCT:ON & OCCUPANCY 01h' BUILDINGS
2'
TRUCTION & 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
building 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 plan of subdivision be occupied
without the prior issuance of a municipal occupancy
permit., then in that event, the Owner shall pay to the
Town, the sum of $1,500 for each building or part
thereof so occupied as liquidated damages therefor.
(b) The issuance by the Town of municipal occupancy permits
for each and every building on any lot or block in the
plan of subdivision shall be deemed to be a release
from the provisions of this subsection with respect
to that lot or block.
(5) The Owner further covenants and agrees to maintain vehicular
access to all occupied buildings in the plan of subdivision,
until the roads are formally assumed by the Town, and further
agrees to obtain similar covenants from any subsequent owner
of any of the lands in the said plan.
22. TIME LIMIT FOR CONSTRUCTION
The Owner agrees to construct or cause to be constructed,
fifty-seven (57) housing units, forty-nine (49) of which shall
be completed within two (2) years of the date of registration
of the plan, and eight (8) of which shall be completed within
two (2) years of the commencement of Phase 2 of the plan.
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PART 3 - CONSTRUCTION & OCCUPANCY OF RUILDINGS (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 T'own'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
n 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.
- 13 -
PART 4 - FINANCIAL t9ATTER.7
24. 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.
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 $ 85,500 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.
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 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 (183) per
annum to the Taman on all sums of money payable herein which
are not paid on the due dates calculated from such due
dates.
- lu -
PART 4 - FINANCIAL MATTERS (rcn'4-'d)
26. GENERAL PROVISIONS - FINANCIAL 1,IATTERS (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 LPVY/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 Oom er
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 0.9864
hectares.
(2) It is hereby agreed by the Parties that 0.2826 hectares of
that 0.9864 hectare surplus shall constitute the parkland
dedication required for the development of the subdivision
of the lands affected by this Agreement.
30. FENCING
(1) The Owner shall erect, upon the completion of final lot
grading and seeding or sodding the lands in the subdivision,
(a) a permanent fence of nine (9) guage, galvanized steel
link fencing, having 0.05 metre mesh, 1.8 metres high,
along the westerly boundary of the subdivision adjacent
to Lot 1 and Lots 18 - 28, inclusive; and
(b) a permanent fence of nine and three quarter (9-3/4)
guage, nine (9) strand, galvanized steel farm fence,
1.22 metres high, having maximum 0.10 x 0.40 metre
mesh along the northerly boundary of the subdivision
adjacent to Block 66.
(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 amended from time to time, or any successor
thereto.
(3) Notwithstanding the provisions of clause (b) of subsection
(1), above, no fence shall be required to be erected at the
location indicated therein if the lands immediately north
of that location is under active development or has been
developed at the time the fence would otherwise be required
to be erected.
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
property line, suitable swales and catch basins to adequately
manage, in the opinion of the Director of Parks and Recre-
ation, all surface run-off water, draining onto the parkland
open space or walkways from the lands within the subdivision.
PART -5 - PARES & TREES (Cont'd)
32. LANDSCAPE PLANNINr
(1) The Owner agrees that prior to the.issuance of building
permits 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"
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.
(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.
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 Directorof Planning and shall not be put into effect
until it has received the approval of the Di-rector of
Planning.
(3) In determining whether or not to approve the Tree Preser-
vation Program, the Director shall be governed by the Town
Tree Preservation Guidelines in effect as at the date
hereof.
- 19 -
PART 6 - GENERAL PP,OVISIONS
35. LICENCE-TO ENTER
The Owner agrees with the Town to retain a licence from any
subsequent purchaser of the aforesaid lands to enter upon such
lands in order to comply with the provisions of this Agreement.
36. CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not reqistered on or
before December 31st, 1982, the Town may, at its option on
one month's notice to the Owner, declare this Agreement to be
null and void.
37. NOTICE
Any notice required to be given hereunder may be given by
registered mail addressed to the other Party at its principal
place of business and shall be effective as of the second day
immediately following the date of the deposit thereof in the
Post Office.
38. ENCUMBRANCERS
The Encumbrancers agree with the Town that this Agreement shall
have priority over and take precedence over any rights or interests
of the Encumbrancers affected hereby, whether or not any such
right or interest was established or arose prior to the date
hereof and whether or not such right or interest is set out in
or arises by virtue of any instrument or document registered
on title to the lands affected hereby, or any part of them,
prior to the registration of this Agreement.
39. INTERPRETATION
(1) Whenever in this Agreement the word "Owner" and the pronoun
"it" is used, it shall be -read and construed as "Owner or
owners" and "his", "her" or "their", respectively, and the
number of the verb agreeing therewith shall be construed
accordingly.
(2) The provisions in Schedules "A" and "B" attached hereto
shall form part of this Agreement.
40. TIME
Time shall be of the essence of this Agreement.
L O -
PART 6 GENERAL PROVISIONS (Cont'd)
41. BINDING PAP.TIF.S
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
that behalf fully authorized.
SIGNED, SEALED & DELIVERED
THE HURLSTONE DEVELOPMENT CORPORATION
President
Vice-President
THE CORPORATION OF THE TOWN OF PICKERING
SCHEDULE "A"
1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATT
(1) Save as herein otherwise prcvided, the Owner agrt• o
complete the works required under this Agreement iin
the time limits specified in the Table set out bf.
and to guarantee the workmanship and materials f(
period of two (2) years from the date that the s?.
works are approved in writing by the Director of :.iblic
Works, the Director of Parks and Recreation, or t!-_e
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
(a) Underground
Services
- Phase 1
(b) Aboveground
Services
- Phase 1
(c) Underground
Services
- Phase 2
(d) Aboveground
Services
- Phase 2
2.
3.
TEMPORARY TURNING CIRCLES
Time Limit for Completion
One year from the date of
the registration of the
final plan of subdivision
Two years from the date
of the registration of the
final plan of subdivision
one year from the date that
Block 66 is dedicated as
public highway
Two years from the date that
Block 66 is dedicated as
public highway
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 northerly end of Aspen Road and at the southerly end of
Stonepath Circle, which shall be removed and replaced with
permanent services at the Owner's expense, when the roads
are 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. FUTURE DEVELOPMENT BLOCKS
Blocks 58, 59 and 60 shall be developed only in conjunction with
Blocks 24 (A), 20 (B) and 21 (C) respectively on Draft Plan of
Subdivision 18T-76036 as approved by the Council of the Town
and the Minister of Housing, and after amendment to this
Agreement.
SCHEDULE "C"
1. PHASING
(1) It is acknowledged and agreed that, subject to the approval
of the Regional Municipality of Durham, the Owner may
develop the plan of suhdivision in two phases, as follows:
Phase 1 - Aspen Road, Stonepath Circle, Una Road, Woodruff
Crescent and all lots fronting thereon;
Phase 2 - New Street and all lots fronting thereon
(2) The phasing of the development shall not include the phas-
ing of the registration of the plan but be limited to the
phasing of the construction of services and buildings.
(3) (a) The First Phase of the plan shall be commenced on or
before December 31st, 1982.
(b) The Second Phase of the plan shall be commenced within
one year of the Town directing such commencement.
(4) The provisions of the sections set out in the following
Table shall be applicable to both Phases but shall only
take effect with respect to Phase 2 upon the commencement
of that Phase.
Table
Sections 4, 5, 6, 7, 8, 9, 12, 13, 20, 23, 24, 30, 31,
32 and 33.
(5) 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) $73,500 prior to the registration of the plan; and
(b) a further $12,000 prior to the commencement of Phase
Two.
(6) The provisions of the sections set out in the following
Table shall be applicable to both Phases and shall take
effect upon the registration of this Agreement, subject
to the provisions of section (5) of this section.
Table
Sections 1, 2, 3, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22,
25, 26, 27, 28, 29, 34, 35, 36, 37, 38, 39, 40 and 41
Schedule "A" - Sections 1, 2, 3 and 4
Schedule "B" - Section 1
Schedule "C" - Sections 1, 2 and 3
2. RESERVES REQUIRED AT PHASE LIMITS
Notwithstanding the Pr-,-visions of section 16 of this Agreement,
the Owner shall convey to the Town such temporary reserves as
the Town's Director of Public Works deems necessary in order to
protect dead ends and open sides of road allowances created as a
result of the phased development of this plan.
SCFIEDUl,F, "B"
1. INDUSTRIAL/COMM RCIAL COMPONF,NT
The Town acknowledges that the Owner has constructed, within
the Town of Pickering, industrial. or commercial buildings
having a total floor area of not less than 5,295 square metres,
and based onthe Town's 40 (industrial) - 60 (residential) ratio,
is entitled thereby to 57 credits upon which the same number
of residential building unit permits may be issued for con-
struction in this plan.
A