HomeMy WebLinkAboutBy-law 1177/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1177/80
Being a By-Law to authorize the execution
of .a Subdivision Agreement between the
Corporation of the Town of Pickering and
Eagle Brook Investments Limited respecting
parts of Lot 28, Range 3, Broken Front
Concession, Pickering (Draft Plan 18T-77091(R))
WHEREAS, Eagle Brook Investments Limited proposes to
subdivide and register a plan of subdivision of part of Lot
28, Range 3, Broken Front Concession, 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 Eagle Brook Investments 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
Eagle Brook Investments Limited respecting
the subdivision of part of Lot 28, Range 3,
Broken Front Concession, Pickering (Draft
Plan 18T-77091(R)).
BY-LAW read a first, second and third time and finally passed
this 6th day of October , 1980.
Off
I PICCI( R N
AB
APPROVI
AS 70 FO
t E.GAi.
scHEDULE "A" to By-law 1177/80
THIS AGREEMENT made this 15th day of September , 1979.
BETWEEN,
EAGLE BROOK INVESTMENTS 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 -
WILLIAM ANTHONY OLIVER
hereinafter called the "Encumbrancer"
OF THE THIRD PART.
WHEREAS, the Owner proposes to subdivide certain
parts of Lot 28, Range 3, Broken Front Concession, 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 Otto Ertl, O.L.S., dated
August 29th, 1978, as revised, designated as Draft Plan
Number 18T-77091(R); and
WHEREAS, the Encumbrancer has certain rights or
interests in the nature of encumbrances relating to the
lands affected hereby;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in
consideration of the Town approving the said proposed plan
of subdivision, and the covenants hereinafter expressed,
the Parties hereto covenant and agree one with the other
as follows:
2 -
PART 1 - PROPERTY DESCRIPTION
1. LAND AFFECTED
The lands affected by this Agreement are:
ALL AND SINGULAR that certain parcel or tract
of land and premises situate, lying and being
in the Town of Pickering, in the Regional
Municipality of Durham and Pro-jince of Ontario
and being composed of, that part of Lot 28,
Range 3, Broken Front Concession, designated
as Part 1 on Reference Plan 40R-4934, Pickering,
AS DESCRIBED in Instrument No. LT 110590.
- 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-
structed 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 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
- 4 -
PART 2 - SERVICES (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 - PAVED
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 roads as may be neces-
sary to provide an adequate access. The
specifications for boulevard grading, side-
walks and sodding shall apply to existing
roads adjacent to the said plan of subdivi-
sion. The Owner covenants and agrees that
until assumption by the Town, it will main-
tain and repair streets both within and out-
side the subdivision where construction has
taken place or that are used by construction
- 5 -
PART 2 - SERVICES (Cont'd)
6
7.
8
ROADS - PAVED (Cont'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.
Such signs and the location thereof are subject
to the approval of the Town's Director of Public
Works.
CURBS & GUTTERS
The Owner agrees to construct curbs and gut-
ters on the road shown on the plan of subdi-
vision according to the specifications of
the Town in effect at the date hereof and to
maintain it until it is formally accep-
ted by the Town. If any curb depressions are
not located correctly with respect to a drive-
way, the Owner shall construct a curb depres-
sion in the correct location and fill in the
original curb depression according to the said
specifications.
SIDEWALKS
(1) The Owner agrees to construct a sidewalk
to the specifications of the Town in
effect at the date hereof, on:
(a) each side of Abingdon Court,
(b) the east side of White's Road,
adjacent to the plan of subdi-
vision,
(c) the south side of Oklahoma
Drive adjacent to the plan of
subdivision, and
(d) the west side of Eyer Drive,
adjacent to the plan of subdi-
vision,
and to maintain them until they are for-
mally accepted by the Town.
(2) The Owner further agrees to construct a
sidewalk to the walkway sidewalk speci-
fications of the Town in effect at the
date hereof, on Block 13, and adjacent
lands, between the sidewalk to be con-
- 6 -
PART 2 _ SERVICES (Cont'd)
8. SIDEWALKS (Cont'd)
structed on Abingdon Court and the side-
walk to be constructed on White's Road.
9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE
TELEVISION SERVICE & STREET LIGHTING
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, Pickering Hydro Electric Commission
or Pickering Cable TV Limited, as the case may be.
10. INSPECTION OF WORK
All works required to be constructed by the
Owner shall be installed under the observa-
tion of inspectors employed by the Town and
the Owner agrees to pay the costs incurred
(Salaries and Expense) therefor within thir-
ty (30) days of invoices being rendered.
The costs referred to above may include, but not
necessarily be limited to, salaries and wages of
Inspectors, testing fees and administration fees.
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, 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 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 re-
newal 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 pre-
mium 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 Liabilitv 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 a form satisfactory to the Town
and in an amount established by the Director
of Public Works to guarantee 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 ir-
revocable letter of credit, cash or a combination
thereof. The Owner may, from time to time, apply
for a reduction in the security and such appli-
cation 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 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.
(2) Upon the approval, if any, of a reduc-
tion in the amount of the security re-
quired to be provided in subsection 1,
the Town Manager shall provide to the
Owner any necessary assurances to effect the
reduction.
- 8 -
PART 2 - SERVICES (Cont'd)
13. GRADING, DRAINAGE & SODDING
(1) The Owner agrees to provide the Town, before commenc-
ing any of the work provided for herein and prior to
the commencement of the development of the plan of
subdivision, with a Grading Control Plan prepared by
the Owner's Consulting Engineer, establishing the
proposed final grading of the lands to provide for
the proper drainage thereof and the drainage of all
adjacent lands which drain through the plan of sub-
division. The Grading Control Plan is to be prepared
in accordance with the Town's Lot Drainage specifica-
tions in effect at the date of this Agreement and is
subject to the approval of the Director of Public
?corks and the Metropolitan Toronto and Region Conser-
vation Authority.
(2) Final 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 Consult-
ing Engineer. If, in the opinion of the Director
of Public Works, drainage problems occur prior to
formal acceptance by the Town of the works in the
plan of subdivision, the Owner shall correct such
problems by re-grading or by the construction of
catch basins, swales or other structures as may be
necessary in the opinion of the Director.
(3) If, in the opinion of the Director, drainage or
other problems occur during the development of the
plan of subdivision, the Owner shall conduct at its
sole expense such interim grading of the lands as
the Director shall require.
(4) 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 construc-
tion 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 in connection
with this Agreement within the specified time,
or in order that it may be completed within
the specified time, or is improperly perform-
ing the work, or shall the Owner neglect or
abandon it before the completion, or unreasonably
delay the same so that the conditions of this
Agreement are being violated or carelessly
executed, or in bad faith, or shall the Owner
neglect or refuse to renew or again perform such
work as may be rejected by the Director of
Public Works as defective or unsuitable, or
shall the owner in any other manner, in the
- 9 -
PART 2 - SERVICES (Cont'd)
14
INCOMPLETED OR FAULTY WORK (Cont'd)
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 not-
ify the owner and his surety in writing of
such default or neglect and if such notifi-
cation 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. In cases of emergency, in the opin-
ion of the Director of Public Works, such work
may be done without prior notice but the Owner
shall be forthwith 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 per
cent (20%) of the labour and material value,
and further, a fee of thirty per cent (30%)
of the value for the dislocation and inconven-
ience 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 fol-
lowing the registration of the final plan,
the lands indicated in Column I of the follow-
ing Table to the respective authority named
in Column II of the Table:
Column I
Street 'A'
(Abingdon Court)
Block 10
Block 9
Column II
The Corporation of the
Town of Pickering
The Corporation of the
Town of Pickering
The Regional Municipality
of Durham
- 10 -
PART 2 - SERVICES (Cont'd)
16.
17
TRANSFERS - CONVEYANCES
The owner shall convey free and clear of all
encumbrances, at no cost to the Grantee, upon
the registration of the plan or within the
thirty (30) days immediately following the
registration of the final plan, the lands in-
dicated in Column I of the following Table to
the respective authority named in Column II
of the Table:
Column I
Block 11
Column II
The Regional Municipality
of Durham
Block 12
Block 13
TRANSFERS - EASEMENTS
The Corporation of the
Town of Pickering
The Corporation of the
Town of Pickering
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 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 desig-
nate as to their location and width. The con-
struction 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.
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 Column II
Street A Abingdon Court
- 11 -
PART 2 - SERVICES (Cont'd)
19. SERVICE CAPACITY
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 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 Hydro Rights-of-Wa
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 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 workman-
like manner.
(d) Public-Lands- - Fill & Debris
Neither to dump nor 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 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
- 12 -
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 thirty (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
driveway.
(g) Specifications
Unless otherwise provided, to perform
any work required to be done under
this Agreement to the specifications
of the Town in effect at the date
hereof.
(h) Temporary Signs
To provide and erect at its own cost,
temporary 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 signs at locations desig-
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-
for the subdivision,
nts, 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 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 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.
(m) Construction Traffic
Wherever possible, to ensure that con-
struction traffic serving the development
of this plan does not use roads, in this
plan or adjacent o_lans, having occupied
residential units fronting thereon.
- 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 adequate ser-
vice.
(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 oper-
ation;
(iii) An asphalt base has been laid on the road
immediately in front of the building or part
thereof and extended to an existing main-
tained 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) 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.
(5) The owner further covenants and agrees to maintain
vehicular access to all occupied buildings on the
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 subdivision.
22., TIME LIMIT FOR CONSTRUCTION
The Owner agrees to construct or cause to be constructed,
forty-four (44) housing units, all of which shall be
completed within two (2) years of the date of registration
of the plan.
- 15 -
PART 3 - CONSTRUCTION & OCCUPANCY
OF BUILDINGS (Cont'd)
23. 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 out-
lining siting and architectural design objectives for
the subdivision.
This report may be required, at the Director's option,
to provide the following information:
(a) housing massing;
(b) streetscape;
(c) exterior materials and colours;
(d) architectural style;
(e) visual variety;
(£) 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 following
information:
(a) the location of all buildings and structures
to be erected and the location of all facilities
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 eichteen (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.
LETTER OF CREDIT
The 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 $66,000 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 - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the
lands included in the said plan of
subdivision, as required by law from
time to time.
(b) Local Improvements
Prior to the release of the plan for
registration, to prepay any outstand-
ing local improvement charges which
are levied against any of the lands
on the said plan of subdivision.
- 17 -
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 (18%) per annum to the
Town on all sums of money payable
herein which are not paid on the due
dates calculated from such due dates.
(d) Registration Fees
To pay all registration costs incurred
by the Town relating in any way to the
registration of the plan of subdivision
or any other related documentation in-
cluding transfers, in the Land Titles
office.
(e) Lien or Other Claims
Upon applying for final acceptance
of the subdivision, to supply the Town
with a Statutory Declaration that all
accounts for work and materials have
been paid, except normal guarantee 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 letter 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 bond into cash and hold
the cash in lieu of and for the same purposes
as any further letter of credit or bond.
- 18 -
PART 4 - FINANCIAL MATTERS (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 $16,500, i.e. respecting
less than 11 buildings, or parts
thereof, for which Municipal Occu-
pancy Permits have been issued.
- 19 -
PART 5 - PARKS & TREES
29. PROVISION OF PARKLAND
Upon the registration of the final plan herein,
the Owner shall pay to the Town the sum of
$26,950 cash in lieu of the provision of park-
land and the Town hereby agrees to accept such
sum for such purpose.
30. FENCING
(1) The owner shall erect, upon the comple-
tion of final lot grading and seeding
or sodding the lands in the subdivision,
a permanent fence of nine (9) gauge,
galvanized steel link fencing, having
0.05 metre mesh,
(a) 1.25 metres high along the White's
Road boundaries of Blocks 4 and
5,
(b) 1.25 metres high along the Okla-
homa Drive boundaries of Blocks
1, 2, 3 and 4,
(c) 1.8 metres high along the south-
erly boundary of Block 4; and
(d) 1.8 metres high along the north-
erly boundary of Block 5.
(2) The Owner shall further erect, at the
time the fencing referred to in sub-
section (1) is erected, vehicle bar-
riers at the east and west ends of
Block 13; such barriers to be con-
structed in accordance with specifi-
cations therefor and to the satisfac-
tion of the Director of Parks and
Recreation.
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. 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
- 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 Preservation 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 plan of subdivision is not
registered on or before June 28th, 1981,
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. ENCUMBRANCER
The Encumbrancer agrees 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 docuwnent
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"
- 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
- 24 -
their proper officers in that behalf fully authorized.
SIGNED, SEALED and DELIVERED
EAGLE BROOK INVESTMENTS LIMITED
Per:
Per:
THE CORPORATION OF THE TOWN OF PICKERING
Clerk
WILLIAM ANTHONY OLIVER
Per:
Per:
SCHEDULE "A"
1.
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 spec-
ified 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 provided for therein for above-
ground services.
Table
Works Time Limit for Completion
(a) Underground One year from the date of
Services the registration of the
final plan of subdivision
(b) Aboveground Two years from the date
Services of the registration of
the final plan of subdi-
vision
2. PHASING OF DEVELOPMENT
The Owner agrees that should it wish to develop
the lands contained in this plan of subdivision
in phases, the Owner shall first obtain the
written approval of the Town and the Regional
Municipality of Durham to the phasing program.
SC17 EDULE "B"
1. INDUSTRIAL/COMMERCIAL COMPONENT
(1) The Owner shall construct within the
Town of Pickering, industrial or com-
mercial buildings having a total floor
area of not less than 4,088 square
metres, and based on the Town's 40
(industrial) - 60 (residential) ratio,
shall be entitled thereby to 44 credits
upon which the same number of residen-
tial building unit permits may be
issued.
(2) The required industrial or commercial
buildings shall be completed on or
before the 31st day of December 1983.
(3) If, on the 1st day of January, 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 indus-
trial or commercial buildings not
constructer on each January lst.
(4) The Owner shall leave deposited with
the Town, its performance guarantee
in the amount of $80,000 to guarantee
the satisfactory completion of the
required industrial or commercial
buildings on or before the 31st day
of December, 1983 and to secure the
payment of any liquidated damages
that may become payable under (3)
above.
2. CONSTRUCTION TRAFFIC
Construction traffic shall be Permitted to
enter and leave the subdivision only by means
of southbound Eyer Drive and northbound Fyer
Drive, respectively; the Owner shall aooly
to those Portions of Ever Drive such dust, mud
and debris control measures as the Town may
from time to time direct to be carried out.
r 'd H H
H r.?j 0
C X C. ?
Hr m
nnxo
J N' F'- I-1,
w? ro
rt
oox
d J m
rt n
a 0 r--
non
11-2) L-0
0 aof
o .
G)
Ci]
z
H
t?7
r
m
w
z
O
O
x
r
H
H
H
t1i
0
H
z
c
t?
O
H
lTl
z
H
0
hl
I
ro
a H
n
a. x
H
z
0
H
x
N
n
O
O
H
H
O
z
0
nl
H
x
H
0
0
H
0