HomeMy WebLinkAboutBy-law 1125/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1125/80
Being a By-Law to authorize the execution
of a Subdivision Agreement between the
Corporation of the Town of Pickering and
Heldor Development Corporation Limited
respecting Part Lot 22, Concession 2,
Pickering (Part of Draft Plan 18T-79049)
WHEREAS Heldor Development Corporation Limited proposes
to subdivide and register part of a plan of subdivision of
Part Lot 22, Concession 2, Pickering; and
WHEREAS that proposal has been approved by the Council
of the Corporation of the Town of Pickering and the Minister
of Housing, subject to several conditions, one of which
requires the entering into of a satisfactory Subdivision
Agreement between Heldor Development Corporation Limited and
the Corporation of the Town of Pickering;
NOW THEREFORE, the Council of the Corporation of the
Town of Pickering HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to
execute a Subdivision Agreement, in the form
attached hereto as Schedule "A", between the
Corporation of the Town of Pickering and
Heldor Development Corporation Limited respec-
ting the subdivision of Part Lot 22, Conces-
sion 2, Pickering (Part of Draft Plan
18T-79049).
BY-LAW read a first, second and third time and finally passed
this 16th day of June , 1980.
Mayor
r
e- e
ASTJR
I11 L C:''L tr?Pll.
SCHEDULE "A" to By-law 1125/80
THIS AGREEMENT made this day of , 1980.
BETWEEN:
HELDO_R _DEVELOPMENT CORPORATION LIMITED
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
hereinafter called the "Encumbrancers"
OF THE THIRD PART.
WHEREAS, the Owner proposes to subdivide certain
parts of Lot 22, Concession 2, in the Town of Pickering in
the Regional. Municipality of Durham, and with the consent
of the Encumbrancers, to register a plan of subdivision of
those lands, b:,ing part of a draft nIan of subdivision
prep=,d by Marsha li, Macklin, .Monaghan Limited, O.L.S.,
dated May, 1979, anCi rc•ii.sed August 9th, 1:79, designated
as Draft Plan Number 18T-79049; and
WHEREAS, the Encumbrancers have certain rights or
interests in the nature of encumbrances relating to the
lands affected hereby;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in
consideration of the Town approving the said proposed plan
of subdivision, and the covenants hereinafter expressed,
the Parties hereto covenant and agree one with the other
as follows;
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PART I - PROPERTY DESCRIPTION
1. LAND AFFECTED
The lands affected by this Agreement are:
ALL AND SINGULAR that certain parcel or tract
o£ 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,
(Legal Description to be provided and to des-
cribe only those lands in Phases 1 and 2,
i.e. excluding holdings of Mid-Sheppard and
those holdings of Heldor that are dependant
upon development by Mid-Sheppard.)
- 3 -
PART 2 - SERVICES
2. OWNER'S GENERAL UNDERTAKING
The Owner agrees to complete at its own ex-
pense and in a good workmanlike manner, for
the Town, all the municipal services as here-
inafter 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 pro-
vided 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 engin-
eering and generally supervise the work re-
quired to be done for the development of the
subdivision. 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 com-
plete storm system including storm
connections to the street line and
catch basin leads to service all the
lands on the said plan of subdivision
and adjacent road allowances and to
provide capacity for lands upstream
of the 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 block-
ages or debris from whatever cause
until they are formally accepted by
the Town. Such sewers shall be con-
structcd to an outlet or outlets
according to designs approved by the
Director ci Public Works and shall
be of sufficient size and depth and
at locations either within or out-
side the subdivision to service the
subdivision and the aforementioned
lands outside the subdivision, which
in the opinion of the Director of
Public Works, will require their use
as trunk outlets. Should, in the
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PART 2 - SFRV_i:CES (Cont'd)
4. STORM SEWERS (Cont'd)
opinion of the Director of Public Works,
an inadequate stream or structure exist
in the outlet system outside the subdi-
vision, the owner may be required to
carry out such works as are necessary tc
provide adequate outlets.
(2) The Town may connect or authorize con-
nection 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 undertaken or authorized prior to
preliminary acceptance of the sewer
system by the Town except in an emer-
gency.
5. ROADS - ROUGH GRADE
Prior to the installation or construction of
the relevant municipal services provided for
herein, the Owner agrees to rough grade to
the Town's specifications to the full width,
the proposed road allowance shown on the plan
of subdivision. The Owner further agrees to
keep all boulevards clear and free of mater-
ials and obstructions which might interfere
with the installation of electric, telephone,
gas or other utilities.
6. ROADS - PA17ED
The Owner agrees to construct the road 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 roa,?s as may be neces-
sary to provide an a6equat:e access. The
specifications for boule?ard cFrad.ing, side-
walks and sodding shall apply to existing
roads adjacent to the said plan of subdivi-
sion. Tl;e Owner covenants and agrees that
until assumption by the Town, it will main-
tain and repair streets both witn.i_n and out-
side the subdivision where construction has
taken place or that are used by construction
- r,
PART 2 - SERVICLS (Cont'd)
6. ROADS - PAVED (Cone' d)
traffic entering the subdivision and keep them clear
of dust, refuse, rubbish, or other litter of all types.
The Owner will erect and maintain adequate signs to
warn all persons using the subdivision road 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.
7. CURBS & GUTTERS
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. 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 ac-
cording to the said specifications.
$. SIDEWALKS
The Owner agrees to construct a sidewalk to the spec-
ifications of the Town in effect at the date hereof,
on:
(a) each side of Bridle Path Circle, Linwood Street,
Parkdale Street and Redwood Lane;
(b) the westerly side of Grovedale Court from Parkdale
Street to a point adjacent to the easterly end
of the northerly lot line of Lot 47; and
(c) the north side of Finch Avenue adjacent to the
plan of subdivision,
and to maintain them until they are formally accepted
by the Town.
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PART 2 - SF.RVICIIS (Cont'd)
9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE
TELEVISION SERVICE & STREET LIGHT N G
Underground electric distribution and cable
television services shall be provided for
all residential lots and blocks within the
subdivision according to the standards and
specifications of the appropriate authority.
The Owner shall make such financial arrange-
ments as may be required to ensure the con-
struction of those services. 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. The light-
ing shall be designed and installed in accor-
dance with standards established by the Town
and in conformity with the Association of
Municipal Electrical Utilities Guide to
Municipal Standard Construction. The instal-
lation of all works provided for in this
clause shall be constructed under the super-
vision and inspection of the appropriate
authority.
10. INSPECTION OF WORK
All works required to be constructed by the
Owner shall be installed under the oLsei_va-
tion of inspectors employed by the i'cwn and
the Owner agrees to pay the costs incu red
(Salaries and Expense) therefor within thir-
ty (30) days of invoices being rendered.
11. 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, indeDini.fying 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 on the subdivision. The amount of
-7-
PART 2 - SERVICES (Cont'd)
11. LIABILITY INSURANCE (Cont'd)
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 there-
for 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 pro-
vided by the Liability Insurance Policy shall not
lapse.
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
form and amount satisfactorv to the Town 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 Ownei
may, from time to time, apply for a reduction in
the amount of the security 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 ter, per cent (10%) of
the original value, which ton 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 main-
tenance purposes.
(2) Upon the approval., if any, of a reduction in
the amount of the security rec?s.ired to be
provided in subsection 1, the Town Manager shall
provide to the Owner any necessary assurances to
effect the reduction.
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PART 2 - SERVTCES (Cont'd)
13. DRAINAGE - SODDING
(1) The Owner agrees to provide the Town,
before commencing any of the work pro-
vided for herein and prior to the com-
mencement of the development of the
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 of all adjacent lands
which drain through the said subdivi-
sion. The said Grading Control Plan
is to 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
Metropolitan Toronto and Region Conser-
vation Authority.
(2) The grading of all lands shall be car-
ried out by the Owner in accordanc
with such Grading Control, Plan under
the supervision of the Clymer' s Con:;ul-
ting Engineer. If, in the opinion cf
the Director of Public Works, drainage
problems occur prior to formal accept-
ance of the subdivision by the Town,
the Owner agrees to correct them by
re-grading or by the construction of
catch basins, swales or other struc-
tures as may be necessary to correct
such problems.
(3) The owner agrees to sod the front,
side and rear yards of each of the
lots except for paved or planted
areas, upon the completion of the
construction of buildings thereon.
14. INCOMPLETED OR FAULTY WORK
If, in the opinion of the Director of Public
Works, the owner is not prosecuting or caus-
ing to be prosecuted the work iu connection
with this Agreement within the specified time,
or in order that it may be completed witni.n
the specified time, or is improperly porfoLm--
ing the work, or shall the Owner neglect or
abandon it before the completion, or unreas-
onably delay the same so that the conditions
of this Agreement are being violated or care-
lessly executed, or in bad faith, or shall the
Owner neglect or refuse to renew or again per-
form such work as may be rejected by the Direc-
tor of Public Works as defective or unsuitable,
or shall the owner in any other manner, in the
- J
PART 2 - SERVICES (COnt'd)
14
INCOMPLETED OR FAULTY WOU, (Cent'd)
opinion of the Director of Public Works, make
default in performance of the terms of this Agree-
ment, 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 work=men as in his
opinion shall be requi-ed for the proper completion
of the said work at the cost and expense oil the Owner
or his surety, or both. In cases of emergency, in the
opinion of the Director of Public Works, s,,ich work
may be done without prier notice but the Owner shall
be forthwith notified. The cost of such work shall be
calculated by the Director of Public Works whose de-
cision shall be final. It. is understood and agreed
that such costs shall include a management fee of
twenty per cent (20%) of the labour and material
value, and further, a fee of thirty per cent (300)
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 licreby declared and
agreed that the assuming by the Owner of the oblig-
ations imposed by this paragraph is one of the con-
siderations, without which the Town would not have
executed this Agreement.
15. DEDICATIONS
The Owner shall deducate- as public highway, upon
the registration of the final plan, or convey, free
and clear of all encumbrances, within the thirty (3O)
days immediately following the registration of the
final plan, the lands indicated in Colurm I of the
following Table to the respective authority named in
Column II of the Table:
Column I
Block 113
(Finch Avenue)
Street "B"
(Linwood Street)
Street "C"
(Parkdale Street and
Redwood Lane)
Street "D"
(Bridle Path Circle)
Court "E"
(Grovedale Court)
Column II
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 Pickerinc
- 10 -
PART 2 - SFRVIC'.°S (Cont'd)
16.
17
TRANSFERS - CONVEYANCES
The Owner shall convey to the Town free and clear
of all encumbrances, at no cost to the Town, upon
the registration of the plan or within the thirty
(30) days immediately following such registration,
all reserves required by the Town at the ends of
streets and along the open sides of road allow-
ances.
TRANSFERS - EASEMENTS
The Owner shall arrange at no cost to the Town
for granting to the Tom 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
development and across lands adjacent to the
development but outside its boundaries. Such
easements shall be subject to the approval of
the Director of Public Works or his designate
as to their location and width. The construc-
tion of any services in such easement or ease-
ments shall not commence until the easement has
been acquired, unless permission to do so has
been obtained by the Owner, in writing, from
the Town and from the registered owner of the
lands across which the easement shall lie.
18. STREET NAMING
The Owner shall name, on the final plan, the
street indicated (by Draft Plan designation)
in Column I of the following Table, with the
name set out in Column II of the Table:
Column I
Street "B"
Street "C"
(East-west portion)
Street "C"
(North-south portion)
Street "D"
Court "E"
Column II
Linwood Street
Parkdale Street
Redwood Lane
Bridle Path Circle
Grovedale Court
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PART 2 - SERVICES (Cont'd)
19. SERVICE CAPACITY
This Agreement shali be subject to the Owner
entering into satisfactor;l arrangements with
the Town and the Regional Municipality of
Durham with respect to the allocation of sew-
age treatment plant capacity and water capa-
city for the development.
20. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave the driveway approaches be-
tween the curb and sidewalk, or,
where no sidewalk is to be provided,
between the curb and the street line.
(b) Ontario H d.ro Rights-of-'Nay
In the event that a right-of-way of
Ontario Hydro passes through or is
immediately adjacent to the lands
herein, to fence such right--of-way
on both sides, or the adjacent side
thereof, as the case may be, prior
to developing the adjacent lands.
The fence is to be of construction
and design as may be approved by
the Town.
(c) Continuation of Existinq 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 workman-
like manner.
(d) Public Lands - Fill & Debris
'.Co neither dump nor permit to be
dumped, any fi;.1 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 subdivision without
the written consent of the author-
ity 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
PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(d) Public Lands - Fill & Debris (Cont'd)
that there shall be no burning of
refuse or debris upon his lands or
any public lands.
(e) Qualitative or Quantitative Tests
The Director of Public Works may
have qualitative 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 thi-t.y (30)
days of the account being rendered
by the Town.
(f) 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
dri vov,ay.
(g) Specifications
Unless otherwise provided, to perform
any work required to be done under
this Agreement to the specifications
of the Town in effect at the date
hereof.
(h) Temporary Signs
To provide and erect at its own cost,
temporary street signs at locations
designated by the Director of Public
Works to the specifications of the
Town.
(i) Permanent Signs
To provide and erect at its own cost,
permanent street signs at locaticn: des:Lg-
nated by the Director of Public
Works to the specifications of the
Town.
- 13 -
PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(j) Engineering Drawings
Prior to the
subdivision,
the original
eering works
with amendme
thereon.
final acceptance of the
to supply the Town with
drawings of the Engin-
£or the subdivision,
its, if any, noted
(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
to him 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 de-3ms
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 sub-
division by the Town, to supply a
statement by an Ontario Land Sur-
veyor that, after the completion of
the subdivision work, he has found
all standard iron bars as shown on
the registered plan, and survey mon-
uments at all block corners, the ends
of all curves, other than corner
roundings and all points of change
in direction of streets on the regis-
tered plan.
- 14 -
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
21. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) The Owner agrees that no building permit
shall be issued for any building or part
of a building in the subdivision until
sewer and water facilities are available,
and in the opinion of the Director of
Public works, capable of providing ade-
quate service.
(2) The Owner further agrees that no build-
ing or part of a building in the subdi-
vision 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 build-
ing 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; and
(iii) Curbs have been constructed and
an asphalt base laid on the
road immediately in front of
the building or part thereof
and both extended to an exist-
ing maintained public road.
(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 occ_q)F_ncy
permit, then in that event, the Owner
shall pay to the Town, the sum o $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 provisionc 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 on the subdivision,
until. the roads al'e forniall.y assumed
by the Town, and further agrees to ob-
tain similar covenants from any sub-
sequent Owner of any of: the lands in
the said subdivision.,
- 15 -
22.
23.
PART 3 - CONS'TRUCT'ION & OCCUPANCY 01'
BUILDINGS (Cont'd)
TIME LIMIT FOR CONSTRUCTION
The Owner agrees to construct or cause to be con-
structed, one hundred and seven (107) housing units,
all of which shall be completed within two (2) years
of the date of rcgistrati_on of the plan.
DESIGN PLANNING
(1) 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 Director of Planning, for approval, a
report outlining siting an.d architectural design
objectives for the subdivision. This report may
be required, at the Director's option., to provide
the following information:
(a) house massing;
(b) st-reetsccpc;
(c) exterior materials and colours;
(d) architectural style:
(e) visual variety;
(f) energy conservation measures; and
(g) any other data or information required.
(2) 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.
These plans and drawings may be required, at the
Director's option, to provide the, Poll-owin: in-
formation:
(a) the location of all buildings and structures
to be erected and the location of all facil-
ities and works associated therewith;
(b) the location of landscaping features, including
trees to be preserved;
(c) streetscape for front and rear elevation at a
scale acceptable to the Director;
(d) streetscape to show all street furniture and
vegetation;
(e) the relationship of buildings by blocks; and
(f) any other data or information required.
- 16 -
PART 4 - FINANCIAL MATTERS
24
25
26
FINANCIAL PAYMENTS
The Owner agrees to pay to the Town, the sum of
$1,500 for each dwelling unit for which a build-
ing 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 i-hat the unit levy has been paid
shall be deemed to be a release of this section
for the lands referred to in the said letter.
LETTER OF CREDIT
Tnc Owner shall, immediately prior to the reg-
istration 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 $160,500 as security for:
(a) the payments referred to in section 24
hereof, and
(b) the payment of liquidated damages ref-
erred to in subsection (4) of section
21 hereof.
GENERAL PROVISIONS PINANCIAL MATTLRS
The Owner igrces with the Town:
(a) Taxes
To pay the t:xr in full on all the
lands included in the said plan of
subdivision, as required by law from
time to time.
(b) I,ocal Improvements
Prior to the release of the plan for
registration, to prepay any outstand-
ing local improvement charges which
are levied again:,t any of the lands
on the said plan of subdivision.
- i7 _.
PART 4 - FINANCIAL MATTERS (Cont'd)
26. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd)
(c) Interest
To pay interest at the rate of eight-
een per cent (180) per annum to the
Town on all sums of money payable
herein which are not paid on the due
dates calculated from such 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 in-
cluding transfers, in the Land Titles
Office.
(e) Lien or Other Claims
upon applying for financial acceptances
of the subdivision, to supply the Town
with a Statutory Declaration that all
accounts for work and materials have
been paid, except normal guarantee hold-
backs, 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
The Owner further agrees that should any letter
of credit or bond required to be given under
the terms of this Agreement expire during the
currency of the Agreement, the Owner shall pro-
vide to the Town at least thirty (30) days in
advance of the expiry date of that letter of
credit or bond, a further lette- of credit or
bond, as the case may be, to take effect upon
the expiry. Such further letter of credit or
bond shall be to the satisfaction of the Town.
Should no such further letter of credit or
bond be provided as required, then the Town
shall have the right to convert the expiring
letter of credit or bon:: into cash and hold
the cash in lieu of and for the same purposes
as any further letter of credit or bond.
- is ..
PART 4 - FINANCInL D`A TERS (Cont'd)
28. TERMINATION OF LEVY/OCCUPANCY SECURITY
(1) The letter of credit required to be
deposited with the Town pursuant to
the provisions of section 25, above,
may only be terminated or cancelled
by the Owner after the municipal
occupancy Permit for the last build-
ing or part thereto to be construc-
ted 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
Manager for a reduction in the
amount of the letter of credit
referred to in subsection 1, as
Municipal Occupancy Permits are
issued.
(3) No application under subsection 2
shall be made for a reduction of
less than $7,500, i.e. respecting
less than 5 buildings, or parts
thereof, for which Municipal Occu-
pancy Permits have been issued.
_. .15 _.
PART 5 - PAitYS & TREES
29
30
PROVISION OF PAP.KI:AND
Upon the registration of the final plan herein,
(a) the caner shall pay to the Town the sum of
$47.,940 and
(b) the Owner shall convey, free and clear of all
encumbrances, at no cost to the Town, Block 102,
and the Town agrees to accept such payment and con-
veyance for park purposes.
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) gauge,
galvanized steel link fencing, hav-
ing 0.05 metre mesh,
W 1.8 metres high along the
boundary of the subdivi-
sion adjacent to Lots
10-15, inclusive and Block
102;
(ii) 1.8 metres high along the
easterly and southerly
boundaries of Block 102
and the rear lot lines of
Lots 15-21, inclusive,
adjacent to Block 103; and
(iii) 1.5 metres high along the
northerly boundary of Block
108, and
(b) a permanent fence of nine and three
quarter (9-3/4) gauge, nine (9)
strand, galvanized steel farm fence,
1.25 metres high, having maximum
0.10 x 0.40 metre mesh along the
entire balance of the boundary of
that part of Lho- plan of subdivision
affected hereby.
(2) The Owner shall further erect, at the time the
fencing referred to in subsection (1), is erected,
vehicle barriers, on all dead end reserves; such
barriers to be constructed in accordance with
specifications therefor and to the satisfaction
of the Director of Public Wor7:s.
(3) Prior to the sale of Lot 56 as an improved lot., the
C,mer shall fence the said lot on the westerly,
northerly and easterly sides, to the Town's satis-
faction.
31. DRAINAGE ONTO OPEN SPACE/PARKLAND
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. [There this
is not possible, the O:aner shall install within the park-
land, open space or walkways, as the case may be, at a
distance no grcri` .r than six (6) metres from the pro-
perty line, suitable swales and catch basins to ade-
quately manage, in the opinion
- 20 -
PART 5 - PARKS & TREES (Cont'd)
31. DRAINAGE ONTO OPEN SPACE/PARKLAND (Cont'd)
of the Director of Parks and Recreation, all
surface run-off water, draining onto the
parkland, open space or walkways from the
lands within the subdivision.
32. LANDSCAPE PLANNING
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.
The Owner further agrees that upon approval
by the Town of a landscaping plan, the land-
scaping works shown on the plan shall be
constructed, installed or planted, as the
case may be, in conformance with the land-
scaping 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. 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) (i) The Owner shall provide at
least one (1) tree per res-
idential unit in the subdi-
vision.
(ii) Where the density is too
great to enable this quota
to be met, the Owner shall
provide $35 per unit for
tree planting in a public
land area within the com-
munity in which the plan
is located.
- 21 -
PART 5 - PARKS & TREES (Cont'd)
34. TREE PRESERVATION
The Owner agrees to retain, at its own ex-
pense, a qualified expert in order to deter-
mine 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 Freservation Program, the Director
shall be governed by the Town Tree Preser-
vation guidelines in effect as at the date
hereof.
- 22 -
PART 6 - GENERAL PROVISIONS
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 complete plan of subdivision is not
registered on or before July 31, 1982
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.
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. ENCU14BRANCERS
The Encu'mbrancers agree with the Town that
this Agreement shall have priority over and
take precedence over any rights affected
hereby, whether or not any such right or
interest was established or arose prior to
the date hereof and whether or not such
right or interest is set out in or arises
by virtue of any instrument or document
registered on title to the lands affected
hereby, or any part of them, prior to the
registration of this Agreement.
39. INTERPRETATION
(1) Whenever in this Agreement the word
"Owner" and the pronoun "it" is
used, it stall be read and construed
as "Owner. or. Owners" and "his", "her"
- 23 -
PART 6 - GENERAL PROVISIONS (Cont'd)
39. INTERPRETATION (Cont'd)
or "their", respectively, and the
number of the verb agreeing there-
with 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 Agree-
ment.
41. BINDING PARTIES
This Agreement and everything herein con-
tained 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
- 2 4 --
their proper officers in that behalf fully authorized.
SIGNED, SEALED and DELIVERED
HELDOR DEVELOPMENT CORPORATION LIMITED
Per:
Per:
THE CORPORATION OF THE TOWN OF PICKERING
r
r
Per:
Per:
SCUEDULE "A"
1
2
3.
TIME LIMIT FOR WORK & GUARANTEE FOR
WORKMANSHIP & MATERIALS
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,
or the Director of Planning, as the case may be. Any
work other than that specifically provided for in the
Table shall be completed within the time limit pro-
vided for therein for above-ground services.
Table
Works Time Limited for Completion
(a) Underground One year from the date of the
services registration of the final plan
of subidivision
(b) Aboveground Two years from the date of
services the registration of the final
plan of subdivision
TEMPORARY TURNING CIRCLES
Notwithstanding the provisions of sections 6, 7 and 8
of this Agreement, the Owner shall construct, at its
sole expense and to the Town's specifications, a tem-
porary turning circle at,
(a) the westerly end of Linwood Street;
and
(b) the easterly end of Parkdale Street,
each of which shall be removed and replaced with per-
manent services at the Owner's expense, when the roads
are extended.
DEMOLITION OF EXISTING BUILDINGS
All structureson 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.
1
SCIIEDULT", "A" (cont'd)
4. SEMI-DETACHED DWELLINGS
If the Owner constructs any semi-detached dwellings
that are attached below grade but not above grade,
then in that event the Owner shall include in any
offer to sell or agreement of purchase and sale
respecting such dwellings the following:
The Town of Pickering requires that the Purchaser
be advised that the dwelling herein is a semi-
detached dwelling in that it is attached, below
ground level, to the dwelling immediately to the
(North, south, east, west, as the case may be).
and further that a copy of an executed version of any
such document be filed with the Town Clerk within ten
days of the date thereof.
1. INDUSTPIh7??COi•83?,iiCli?L CG?§PGNENT
(1) The Owner shall construct within the Town of
Pickering, industrial or commercial buildings
having a total floor area of not less than 9,940
square metres, and based on the Town's 40
(industrial) - 60 (residential) ratio,, shall be
entitled thereby to 107 credits upon which the same
number of residential building unit permits may be
issued.
(2) The required industrial or commercial buildings
shall be completed as follows:
(a) the first 4,645 square metres on or before
December 31st, 1983; and
(b) the next: 5,295 square metres on or before
December 31st, 1984.
(3) If, on the 1st day of January in any year from,
after and including 1984, the required industrial
or commercial buildings have not been constructed,
then commencing in 1984, the Owner shall pay
annually to the Town on the 15th day of January
in each year, liquidated damages in the amount of
$350 for every 92.9 square metres or part thereof
of the required industrial or commercial buildings
not constructed on each January 1st.
(4) The Owner shall leave deposited. with the Town,
its performance guarantee in the amount of $190,000
to guarantee the satisfactory completion of the
required industrial or commercial buildings on
or before the dates set out in subsection (2),
above, and to secure the payment of any liquid-
ated damages that may become payable under sub-
section (3), above.
SCnrauLt;; "C',
1. METROPOLITAN TORONTO & REGION CONSERVATION
AUTHORITY ("M.T.R.C.A.")
(1) Neither the Owner, nor any of its agents, con-
tractors or servants, shall place fill, grade or
interfere with the channel of the water course
within Block 103 without the prior approval in
writing of M.T.R.C.A.
(2) Any site plan required by section 23 and any
grading control plan required by section 13 shall
be subject to the review and approval of M.`P.R.C.A.,
insofar as any such plan relates to Lots 14 to 21,
inclusive and to any proposed cutting at the top
of the slope to accommodate dwellings on those lots.
(3) The Owner shall set aside Block 103 for future
acquisition by M.T.R.C.A.
2. MINISTRY OF NATURAL RESOURCES ("M.N.R.")
(1) Prior to the registration of the plan, the Owner
shall,
(a) Prepare a detailed engineering report, to the
satisfaction of M.T.R.C.A. and the Maple Dis-
trict Office of M.N.R., describing,
(i) the storm water management techniques
which will be employed to minimize the
amount of storm water directed into the
Duffin Creek, and
(ii) the development and construction tech-
niques and safeguards which will be used
to control- and minimize the effects of
erosion and siltation on the site prior
to, during and after the construction
period,
and
(b) carry out, or ca°,se to be carried out, any works
or recommendations contained within the report
referred to in (a) and approved by M.T.R.C.A.,
M.N.R. and the Town.
(2) The To-,an shall not be liable for any costs what-
soever of the preparation or evaluation of the
report referred to in (1), nor of the carrying out
of works resulting therefrom, and the owner hereby
indemnifies the Town in this respect. ,
3. PERFORMANCE & MAINTENANCE GUARANTEE.
For the purposes of sections 12 and 1.4 of this Agree-
ment, and without otherwise limiting the generality
thereof, the term "work provided for herein" shall be
deemed to exclude works required to be carried out
pursuant to sections 1 or. 2 of this Schedule unless
such works are also required under a section in the
Agreement ot1-,er than sections 1 or 2 of this Schedule.
SCM,'DULI: "D"
1. PHASING
(1) It is acknowledged and agreed that the Owner
shall develop that part of the plan of sub-
division affected hereby in two phases, as
shown on Maps 1 and 2, attached hereto.
(2) The phasing of the development shall include
the phasing of the registration of the plan
and the phasing of the construction of ser-
vices.
(3) This Agreement shall be registered on title
to all the lands in that part of the plan
affected hereby prior to the registration of
the first phase of the plan.
(4) (a) The first phase of the plan shall be
registered on or before August 31st,
1980.
(b) The second phase of the plan shall be
registered on or before January 1st,
1982.
(5) The provisions of the sections set out in the
following Table shall be applicable to all
phases but shall only take effect with respect
to any phase upon the registration of the plan
for that phase.
Table: Section 4,
section 5,
Section 6,
Section 7,
section 8,
Section 9,
Section 12,
Section 13,
Section 15,
Section 16,
Section 18,
Section 20,
Section 23,
Section 24,
Section 30,
Section 31,
Section 32,
Section 33,
Schedule "A" - Section 1,
Schedule "A" - Section 2,
Schedule "A" - Section 3, and
Schedule "A" - Section 4
(6) The provisions of section 25 shall be applicable
to all phases but shall take effect so as to
require the housing units to be completed as
follows:
(a) forty-eight (48) units within 2 years
of the date of registration of phase
one;
(b) a further fifty-seven (57) units within
2 years of the date of registration of
phase two; and
(c) a further two (2) units within 2 years
of the date of closing of th roadway
to be provided over Lot 92.
SC1[F;!)ULL; "p" (Cont'd)
1. PHASING (Cont'd)
(7) The provisions of section 25 shall be appli-
cable to all phases but shall take effect so
as to require the security to be provided as
set out below:
(a) $75,000 prior to the registration of
phase one; and
(b) a further $85,500 prior to the regis-
tration of phase two.
(8) The provisions of section 29 shall be appli-
cable to all phases but shall take effect so
as to require:
(a) the payment of $7,025 prior to the
registration of phase one and the
conveyance of Block 102 upon the
registration of phase one; and
(b) a further payment of $34,915 prior
to the registration of phase two.
(9) The provisions of Schedule "B" - section 1
shall be applicable to all phases but shall
take effect so as to require the security
referred to in subsection 4, thereof, to
be provided as set out below:
(a) $88,750 prior to the registration
of phase one; and
(b) a further $101,250 prior to the reg-
istration of phase two.
(10) The provisions of the sections set out in the
following Table shall be applicable to all
phases and shall take effect up on the regis-
tration of this Agree ment, subj ect to the
provisions of su bsections (6), (7), (8) and
(9) of this sect ion.
Table: Section 1,
Section 2,
Section 3,
Section 10,
Section 11,
Section 14,
section 17,
Section 19,
Section 21,
Section 22,
Section 25,
Section 26,
Section 27,
Section 28,
Section 29,
Section 34,
Section 35,
Section 36,
Section 37,
Section 38,
Section 39,
Section 40,
Section 41,
Schedule "A" - Section 5,
Schedule "B" - Section 1,
Schedule "C" - Section 1,
SCIILI)uI,t; "D" (Cont'd)
1.
2
3.
PHASING (Cont'd)
(10) Table: Schod;.le "C" - Section 2
Schedule "C" - Section 3,
Schedule "D" - Section 1,
Schedule "D" - Section 2,
Schedule "D" - Section 3, and
Schedule "D" - Maps 1 and 2
CONSTRUCTION 'T'RAFFIC
(1) Phase two construction traffic shall enter the
subdivision only by means of a temporary
entrance, constructed and maintained by the
Owner, across Lot 84.
(2) The provisions of subsection (1) are sub-
ject to the approval of the Regional Municipal-
ity of Durham.
(3) "Maintained" in subsection (1), above, shall
include such dust control measures as the
Town may from time to time direct to be
carried out.
TEMPORARY PUBLIC ROAD ACCESS
(1) Subject to the approval of the Regional Munici-
pality of Durham, the Owner at its expense,
shall construct, across Lot 92, a public road
access to the Town's satisfaction, and as if
it were a road shown on the plan of subdivi-
sion, to provide permanent vehicular and
pedestrian access from Finch Avenue.
(2) The Owner shall convey to the Town, at no cost
to the Town, all lands required by the Town to
implement such access, and upon such conveyance
the Town may dedicate such lands as public high-
way.
(3) In the event that an alternate public highway
access is constructed over that part of Draft
Plan 18T-79049 immediately west of the lands
affected h^reby, the Town shall close as pub-
lic highway any lands dedicated by it pursuant
to subsection (2), and, pursuant to the provi-
sions of The Municipal Act, R.S.O. 1910, c.284,
as amended from time to time, or any successor
thereto, and all other relevant legislation,
offer same for sale, at a nomd_nal coat, to
the Owner, should it be the owner of the
abutting lots.
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