HomeMy WebLinkAboutBy-law 1123/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1123/80
Being a By-law to authorize the execution
of subdivision agreement between Hollinger
Construction Limited and the Corporation of
the Town of Pickering respecting the develop-
ment of Lot 31, Plan 350, Pickering (Draft Plan
1ST-77006, revised).
WHEREAS, Hollinger Construction Limited has proposed
a plan of subdivision for certain lands within the Town of
Pickering; and
WHEREAS, the Council of the Corporation of the Town
of Pickering and the Minister of Housing have approved the
said proposal, subject to certain conditions, one of which
requires the entering into of a subdivision agreement pursuant
to the provisions of subsection 6 of section 33 of The Planning
Act, R.S.O., 1970, Chapter 49, as amended;
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 Hollinger Construction Limited
and the Corporation of the Town of Pickering, respecting
the subdivision of Lot 31, Plan 350, Pickering (Draft
Plan 18T-77006, revised).
BY-LAW read a first, second and third time and finally passed
this 20th day of May , 1980.
SCHEDULE "A" to By-law 1123/80
THIS AGREEMENT made this i day of , 1980.
BETWEEN:
HOLLINGER CONSTRUCTION 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"
OT THE THIRD APART.
WHEREAS the Owner proposes to register a plan of subdivi-
sion of Lot 31, Plan 350, Pickering, as shown on a draft plaz,
of subdivision prepared by Bryan T. Davies, O.L.S., dated
August 23rd, 1979, as revised in red, and given draft approval
by the Minister of Housing on April 3rd, 1980, as Draft Plan
Number 1ST-77006;
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 consider-
ation of the Town approving the said proposed plan of --,"ivi-
sion and the covenants hereinafter e-rpressed, the pai ues
hereto covenant and agree one with t:Le other as full.ows:
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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
Mun.cipality of Durham and Province of Ontario
and being composed of,
Lot 31, according to a plan registered in the
Registry Office for the Registry Division of
Durham as Plan 350.
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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 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
The Owner agrees to retain a Professional Engineer as
the Consulting Engineer of the owner to carry out all
the necessary engineering and generally supervise the
work required to be done for the development of the
subdivision. Such Consulting Engineer, or any suc-
cessor 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 including storm connections to the street
line and catch basin leads to service Lots 1, 2,
3 & 4 on the said plan of subdivision and adjacent
road allowances and to provide capacity for lands
upstream thereof, 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. 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
subdivision to service the said Lots and the afore-
mentioned lands outside the subdivision, which in
the opinion of the Director of Public Works, will
require their use as trunk outlets. Should, in
the opinion of the Director of Public Works, an
inadequate stream or structure exist in the outlet
system outside the subdivision, the Owner may be
required to carry out such works as are necessary
to provide adequate outlets.
(2) The Town may connect or authorize connection into
any part of the system but such connection shall
not constitute final acceptance of the sewer
system by the Town.
(3) No connection under subsection 2 shall be under-
taken or authorized pr:.or to preliminary accept-
ance of the sc,rer system by the Town except in an
emergency.
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PART 2 - SERVICES
ROADS - PAVED
The Owner agrees to reconstruct the west half of
Rougemount Drive and the south side of Toynevale
Road, adjacent to Lots 1, 2, 3 and 4, according to
the specifications for paved roads of the Town in
effect at the date hereof. The Owner covenents and
agrees that until assumption by the Town, it will
maintain and repair such streets where construc-
tion has taken place.
6. CURBS, GUTTERS AND BOULEVARDS
The Owner agrees to construct curbs, gutters and
boulevards on Toynevale Road and Rougemount Drive,
adjacent to Lots 1, 2, 3 and 4, 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. 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 de-
pression according to the said specifications.
SIDEWALKS
The owner agrees to construct a sidewalk,
(a) on the south side of Toynevalle Drive, adjacent
to Lot 4, and
(b) on the west side of Rougemount Drive, adjacent
to Lots 1, 2, 3 and 4,
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.
8. UNDERGROUND ELECTRIC DISTRIBUTION,
CABLE TELEVISION SERVICE
Underground electric distribution and cable
television services shall be provided for all
residential lots within the subdivision according
to the standards and specifications of the appro-
priate authority, and under the supervision and
inspection thereof.
9. INSPECTION OF WORK
Unless otherwise set out in this Agreement, all
works required to be constructed by the Owner
shall be installed under the observation of
Inspectors employed k,y the Town and the Owner
agrees to pay the costs incurreO. (Salaries and
Expense) therefor within thirty (30) days of
invoices being rendered.
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PART 2 - SERVICES
10. LIABILITY INSURANCE
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 other-
wise in connection with the work done by or on
behalf of the Owner on the subdivision. The amount
of the said policy shall be $1,000,000. 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.
It shall be the responsibility of the owner to
notify the Town of the dates for the renewal of the
premium of the said policy and to supply proof that
the premium of the said policy has been paid in
order that the protection provided by the Liability
Insurance Policy shall not lapse.
11. 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. Such performance
and maintenance security may, at the option of
the Owner, be made up of cash or irrevocable
letter of credit. 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 Manager. Upon written verification
of the Director of Public Works that the
services for which reduction is being sought
have been satisfactorily completed the Town
Manager may reduce the amount of the security
to any amount not less than ten percent (10%)
of the original value, which ten percent 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 deduc-
tions for maintenance purposes.
(2) Upon the approval, if any, of a reduction in
the amount of a security required to be pro-
vided in subsection 1, the Town Manager shall.
provide to the owner any necessary assurances
to effect the reduction.
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PART 2 - SERVICES
12. 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 develop-
ment of the subdivision, with a Grading Con-
trol 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 said subdivision. The
said Grading Control Plan is to be prepared in
accordance with the Town's Lot Drainage spec-
ifications in effect at the date of this Agree-
ment and is subject to the approval of the
Metropolitan Toronto and Region Conservation
Authority.
(2) The grading of all lands shall be carried out by
the owner in accordance with such Grading Con-
trol Plan under the supervision of the Owner's
Consulting Engineer. If, in the opinion of the
Director of Public Works, drainage problems
occur prior to formal acceptance of the sub-
division 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.
(3) The Owner agrees to sod the front, side and rear
yards of each of Lots 1, 2, 3 & 4 except for
paved or planted areas, upon the completion of
the construction of buildings thereon.
13. INCOMPLETED OR FAULTY WORK
If, in the opinion of the Director of Public Works,
the owner is not prosecuting or causing to be pro-
secuted 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 im-
properly 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 ne-
glect 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 ef-
fect within ten (1.0) 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. In cases of emergency, in the opinion of the
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PART 2 - SERVICES
13. continued
Director of Public Works, such work may be done
without prior notice but the owner shall be forth-
with notified. The cost of such work shall be
calculated by the Director of Public Works whose
decision shall be final. It is understood and
agreed that such costs shall include a management
fee of twenty percent (20%) of the labour and material
value, and further, a fee of thirty percent (30%)
of the value for the dislocation and inconvenience
caused to the Town as a result of such default on
the pant of the Owner, it being hereby declared and
agreed that the assuming by the Owner of the ob-
ligations imposed by this paragraph is one of the
considerations, without which the Town would not
have executed this Agreement.
14. 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 regis-
tration of the final plan, the lands indicated in
Column I of the following Table to the respective
authority named in Column II of the Table:
Column I
Block 5
Column II
The Corporation of the
Town of Pickering
15. TRANSFERS - EASE1,ENTS
The Owner shall arrange at no cost to the Town for
granting to the Town such easements as the Director
of Public Work= or his designate shall deem ne-
cessary for the provision of storm drainage services
both within the boundaries of the development and
across lands adjacent to the development but out-
side its boundaries. Such easements shall be sub-
ject to the approval of the Director of Public Works
or his designate as to their location and width.
The construction of any services in such easement
or easements 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.
16. GENERAL PROVISIO14S - SERVICES
The Owner agrees with the Town:
(a) Driveway Approaches
To provide gravelled driveway approaches with
culverts, between the edge of the travelled
portion of the roadway and the front lot lines
of each of Lots 1, 2, 3 and 4.
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PART 2 - SERVICES
16. continued
(b) Continuation of Existing Services
Where the construction of services herein
involves a continuation to existing services,
to join into the same, including adjustment
of grades where necessary, in a good work-
manlike manner.
(c) Public Lands - Fill & Debris
To neither dump nor permit to be dumped, any
fill or debris on, nor to remove or permit to
be removed, without the written consent of the
authority responsible for such lands. The
Owner shall, on request, supply the Town with
an acknowledgement from such authority of the
Owner's compliance with the terms of this
clause. The Owner further agrees 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 qual-
itative or quantitative tests made of any
materials which have been or are proposed to
be used in the construction of any services
required by this Agreement, and the cost of
such tests shall be paid by the Owner within
thirty (30) days of the account being ren-
dered by the Town.
(e) Relocation of Services
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 rendered by the Town. The Owner
further agrees to similarly 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 Town in effect at the
date hereof.
(g) Temporary Signs
To provide and erect at its own cost, tempt-sry
signs at locations designated by the Director
of Public Works to the specifications c )L
Town.
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PART 2 - SERVICES
16. continued
(h) Permanent Signs
To provide and erect at its own cost, permanent
signs at locations designated by the Director
of Public Works to the specifications of the
Town.
(i) Engineering Drawings
Prior to the final acceptance of the subdiv-
ision, to supply the Town with the original
drawings of the Engineering Works for the
subdivision, with amendments, if any, noted
thereon.
(j) 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 com-
pletion of the subdivision work, he has found
all standard iron bars as shown on the re-
gistered 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 any streets on the
registered plan.
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17.
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
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 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 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; and
(ii) Electric service is completed and in operation.
18.
(4) The Owner agrees with the Town that should any
building or part thereof in the 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. The issuance by the Town of
municipal occupancy permits for each and every
building on any lot or block in the subdivision
shall be deemed to be a release from the provisions
of this subsection with respect to that lot or
block.
TIME LIMIT FOR CONSTRUCTION
The Owner agrees to construct or cause to be constructed,
four (4) housing units, all of which shall be completed
within two (2) years of the date of registration of the
plan.
1.9. DESIGN PLANNING
(1) The owner agrees that prior to the issuanr of
building permits for any of the residential units
to be erected on Lots 1, 2, 3 and 4, It shall submit
architectural and siting plans for al.i of the re-
sidential units on those lots to the Town for
approval. The Owner agrees to engage the services
of only one architectural firm at one time to co-
ordinate the design for all residential units in
any phase and that firm is to be the coordinator
throughout the design approval process for that
phase.
?i
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
19. (cont'd)
(2) The siting plans may be required, at the Town's
option, to provide the following information:
(a) street scape for front and rear elevation at
a scale acceptable to the Director of Planning;
(b) street scape to show all street furniture and
vegetation;
(c) the relationship of buildings by blocks; and
(d) any other data or information required by the
Town.
PART 4 - FINANCIAL MATTERS
20. FINANCIAL PAYMENTS
The Owner agrees to pay to the Town, the sum of $1,500
for each dwelling unit for which a building permit is
received. No building permit shall be issued for any
dwelling unit unless payment of the $1,500 per unit
levy shall have been made in advance of the issuance
of such permit with respect to such dwelling unit.
Payments of such levies shall be made to the Town from
time to time as building permits are required. In any
event, the Owner shall pay all levies due under the
provisions of this paragraph in full, no later than
eighteen (18) months from the date of registration of
the plan. 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.
21. 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 satis-
factory to the Town, for the sum of $6,000 as security
for:
(a) the payments referred to in section 20 hereof, and
(b) the payment of liquidated damages referred to in
subsection (4) of section 17 hereof.
22. GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands in-
cluded 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 lards
on the said plan of subdivision.
(c) Interest
To pay interest at the rate of eighteen per --nt
(18%) per annum to the Town on all sums of money
payable herein which are not paid on the dun dates
calculated from such due dates.
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PART 4 - FINANCIAL MATTERS
22, 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 normal guarantee holdbacks,
and there are no claims for liens or otherwise in
connection with such work done or material sup-
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.
23. EXPIRY OF SECURITIES
(1) The Owner further agrees that should any letter
of credit required to be given under the terms
of the 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 letter of credit, a further
letter of credit to take effect upon the expiry.
Such further letter of credit shall be in a form
and amount satisfactory to the Town.
(2) Should no such further letter of credit be
provided as required, then the Town shall have
the right to convert the expiring letter of
credit into cash and hold the cash in lieu of
and for the same purposes as any further letter
of credit.
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PART 5 - PARKS, TREES, FENCING & LANDSCAPING
25. PROVISION OF PARKLAND
(1) Upon the registration of the final plan herein,
the Owner shall pay to the Town the sum of $2,450
cash in lieu of the provision of parkland and the
Town hereby agrees to accept such sum for such
purpose.
(2) it is acknowledged and agreed by the Owner and the
Town that the payment referred to in subsection
(1) relates only to the development of Lots 1, 2,
3 and 4 of this plan, and that, consequently, when
Block 6 is ultimately developed by plan of sub-
division, as required by section 2 of Schedule
"B" hereto, park dedication, or cash in lieu there-
of, relating to the development of that block,
shall be required.
26. FENCING
The Owner shall erect,
lot grading and seeding
4, a permanent fence of
steel link fencing, 1.5
0.05 metre mesh, along
Lots 1 - 4, inclusive.
upon the completion of final
or sodding Lots 1, 2, 3 and
nine (9) guage, galvanized
metres high, having maximum
the westerly boundaries of
27. LANDSCAPE PLANNING
The Owner agrees that prior to the issuance of building
permits for any of the units to be erected on the ].ands,
it shall submit a landscaping plan for all of the lots
and blocks on the plan to the Town for approval. 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".
28. TREE PLANTING
(1) The Owner shall plant on the lands, or on the
boulevard in front of Lots 1, 2, 3 and 4, in the
Town's discretion, trees of a size, number and
type acceptable to the Town. A schedule of the
Owner's tree planting scheme shall be approved by
the Director of Planning prior to the planting of
any trees. A list of acceptable tree species and
sizes will be provided.
(2) 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.
(3) The Owner shall provide at lease one (1) tree
per residential unit in the subdivision.
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PART 5 - PARKS, TREES, FENCING & LANDSCAPING
29. TREE PRESERVATION
The Owner agrees to retain, at its own expense, a
qualified expert in order to determine which of the
existing trees shall be preserved. 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. 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.
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PART 6 - GENERAL REQUIREMENTS
30. 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.
31. CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered
on or before October 3rd, 1980, the Town may, at its
option on one month's notice to the Owner, declare
this Agreement to be null and void.
32. 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.
33. ENCUMBRANCERS
The Encumbrancers agree with the Town that this Agree-
ment shall have priority over and take precedence over
any rights or interests they may have in the lands
affected hereby, whether or not any 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.
34. INTERPRETATION
(a) 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 ac-
cordingly.
(b) The provisions in Schedules "A" and "B" attached
hereto shall form part of this Agreement.
(c) Time shall be of the essence of this Agreement.
(d) This Agreement and everything herein contained
shall enure to the benefit of and be binding
upon the parties hereto, their successors and
assigns.
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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 AND DELIVERED
HOLLINGER CONSTRUCTION LIMITED
Per:
Per:
THE CORPORATION OF THE TOWN OF PICKERING
Clerk-
Per:
Per:
SCHEDULE "A"
1: TIME LIMIT FOR WORK & GUARANTEE FOR
WORKMANSHIP & ?iATEPIALS
Save as herein otherwise provided, the Owner agrees
to complete the works required under this agreement
within the time limits specified in the Table set out
below and to guarantee the workmanship and materials
for a period of two (2) years from the date that the
said works are approved in writing by the Director of
Public Works, the Director of Parks and Recreation, cr
the Director of other than that specifically provided
for in the Table shall be completed within the time
limited provided for therein for aboveground services.
Table
Works
(a) Underground Services
(b) Aboveground Services
2. SERVICE CAPACITY
Time Limited for. Completion
One year from the date of
the registration of the
plan of subdivision
Two years from the date of
the registration of the
plan of subdivision
This Agreement shall be subject to the Owner entering
into satisfactory 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.
SCHEDULE "B"
1. INDUSTRIAL/COMMERCIAL COMPONENT
(1) In lieu of the construction, by the Owner, of 370
square metres of industrial/commercial buildings
within the Town, the Owner shall pay to the Town,
prior to the registration of the plan of sub-
division, the sum of $6,000.00 payment of which
shall entitle the Owner to four (4) credits, based
upon the Town's 40 (industrial/commercial) - 60
(residential) ratio, upon which the same number of
residential building permits may be issued in
accordance with the terms of this Agreement.
(2) It is acknowledged and agreed by the Owner and the
Town that the payment referred to in subsection
(1) relates only to the development of Lots 1, 2,
3 and 4 of this plan, and that consequently, when
Block 6 is ultimately developed by plan of sub-
division, as required by section 2 of this Schedule,
an industrial/commercial component or cash in lieu
thereof, relating to the development of that block,
shall be required.
2. FUTURE DEVELOPMENT BLOCK
The Owner hereby agrees that Block 6, being a block
for future residential development, shall be developed
only by means of a future plan of subdivision submitted,
processed and approved pursuant to the provisions of
The Planning Act, R.S.O. 1970, c.349, as amended from
time to time, or any successor thereto.
3. SERVICING ALTERNATIVES
(1) In lieu of the actual construction of the works
required pursuant to the provisions of sections
4(1), 5 and 6 of this Agreement, and the paving
of driveway approaches, the Owner may elect to
pay to the Town the sum of $19,000.00, subject
to the terms and conditions hereof.
(2) An election by the Owner pursuant to subsection
(1), above, and the payment of the required sum,
(a) must be made prior to the issuance of the
first building permit for any of Lots 1, 2,
3 and 4; and
(b) shall not relieve the owner from its obligations,
(i) to connect each of Lots 1, 2, 3 and 4 to
existing municipal storm sewers, and
(ii) to restore existina boulevards and ditches
following the installation of services +o
Lots 1, 2, 3 and 4.
(3) If the Owner should make the election and the pay-
ment referred to in subsection (1), then in that
event the Town shall apply such payment to the
ultimate construction of the works referred to
therein adjacent to Lots 1, 2, 3 and 4.