HomeMy WebLinkAboutBy-law 829/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 829/78
Being a By-law to authorize the execution
of a Subdivision Agreement between Eagle
Brook Investments Limited and the Corpor-
ation of the Town of Pickering respecting
the development of Lot 26 and Block C, Plan
M-1007 and Part Lot 28, Range 3, Broken
Front Concession - Part 1, Plan 40R-2026
(draft Plan 18T-77080).
WHEREAS Eagle Brook Investments Limited and Ballycroy Investments
Limited have 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 of the said
proposal, subject to certain conditions, one of which requires
the proposers to enter into a Subdivision Agreement with the
Corporation pursuant to the provisions of subsection 6 of
section 33 of The Planning Act, R.S.O. 1970, c. 349, 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 Eagle Brook Investments
Limited and Ballycroy Investments Limited, and the
Corporation of the Town of Pickering, respecting the
subdivision of Lot 26 and Block C, Plan M-1007 and
that Part of Lot 28, Range 3, Broken Front Concession,
designated as Part 1 on Plan 40R-2026 (draft Plan of
Subdivision Number 18T-77080, revised).
BY-LAW read a first, second and third time and finally passed
this 5th day of June , 1978.
TOWN OF
PICKERING
APPROVED
AS TO f ORP
!."SAL
?GLC?f"
Clerk
SCHEDULE "A" to BY-LAW NUMBER 829/78
PHIS AGREEMENT made thi; day of June , 1978.
B E T W E E N:
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i. EAGLE BROOK INVESTMENTS LIMITED
li BALLYCROY INVESTMENTS LIMITED
hereinafter collectively called the "Owner"
.OF THE FIRST PART,
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and -
THE CORPORATION OF THE TOWN OP PICKERING
hereinafter called the "Town"
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OF THE SECOND PART,
and -
.I NO ENCUMBRANCES
•.j hereinafter called the "Encumbr.ancers'
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OF THE THIRD PART.
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WHEREAS the Owner proposes to subdivide and register a
i plan of subdivision of,
(a) Lot 26 and Block C, Plan M-1007, and
(b) that part of Lot 28, Range 3, Broken Front
Concession, designated as Part 1 on Plan
40R-2026,
as shown on a draft plan of subdivision prepared by Otto Ertl,
Ontario Land Surveyor, dated June 23rd, 1.977, revised
1978 and given draft approval by the Minister of }lousing on
May 8th , 1978, as Draft Plan Number 18T-77080, revised.
AND WHEREAS the Eneumbrancers have certain rights or
interests in the nature of encumbrances relating to the lands
affected hereby;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consid-
eration of the Town approving the said proposed plan of sub- '
division, and the covenants hereinafter expressed, the parties
hereto covenant and agree one with the other as follows:
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PART I - PROPERTY DESCRIPTI
1-. LAND AFFECTED
The lands affected by this Agreement are:
All and singular that certain parcel or tract of land
and premises situate, lying and being in the Town of
Pickering, in the Regional Municipality of Durham and
Province of Ontario, and being composed of,
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FIRSTLY, all of Lot 26 and all of Block C, according
to a plan registered in the Land Titles Office for the
Registry Division of Durham as Plan M-1007; and
SECONDLY, all of that part of Lot 28, Range 3, Broken
Front Concession designated as Part 1 on a plan of
survey of record registered in the Registry office for
the said Registry Division as Plan 40R-2026.
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PART II - SERVICES
2. OWNER'S GENERAL UNDLRTAKING
The Owner agrees to complete at his own expense and in
a good workmanlike manner, for the Town all the munici-
pal 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 horein.
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 a 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
The Owner agrees to construct a complete 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 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
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 opinion of the Director of Public Works, an inad-
equate 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.
The Town may connect or authorize connection into any
part of the system but such connection shall not con-
stitute acceptance of the sewer system by the Town.
5. ROADS - ROUGH GRADE
Prior to the installation or construction of the rele-
vant 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 materials and
obstructions which might interfere with the installa-
tion of electric, telephone, gas or other utilities.
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6. ROADS - PAVED
The Owner agrees to construct all the roads as shown on
the said plan of subdivision according to the specifica-
tions for paved roads of the Town in effect at the date
hereof including such boundary or approach roads as may
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be necessary to provide an adequate access. The speci-
fications for boulevard grading, sidewalks and sodding
shall apply to existing roads adjacent to the said plan
of subdivision. The Owner covenants and agrees that
until assumption by the Town, it will maintain and re-
pair streets both within and outside the subdivision
where construction has taken place or is used by 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 such roads that they have not been assumed
by the Town from the time that they are opened until
formal assumption by the Town.
'I 7. CHANGE OF ROAD GRADE
When, in the written opinion of the Director of Public
Works it is necessary to change the grade of existing
Town roads adjacent to or abutting the said plan of
subdivision, the Owner agrees to grade the roads to
subgrade and provide sufficient granular base for a
standard two-lane roadway in the manner and at the
time stipulated by the Director of Public Works and in
accordance with the specifications of the Town.
8. CURBS AND GUTTERS
The Owner agrees to construct curbs and gutters on all
the roads shown on the said plan of subdivision, according
to the specifications of the Town in effect at the date
hereof and to maintain them until they are formally
accept rid by the Town. If any curb depressions are not
locat(•(l correctly with respect to a driveway, the owner
shall construct a curb depression in the correct location
and fill in the original curb depression according to the
said specifications.
9. SIDEWALKS
The Owner agrees to construct sidewalks on both sides
of all roads as shown on the said plan of; subdivision
including such sidewalks as are considered necessary
on all roads adjacent to the said 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.
10. UNDERGROUND ELECTRIC DISTRIBUTION AND STREET LIGHTING
Underground electric distribution services shall be
provided for all lots and blocks within the subdivision
according to the standards and specifications of the
appropriate authority. The owner shall make such fin-
ancial arrangements as may be required to ensure the
construction 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 lighting
shall be designed and installed in accordance with
standards established by the Town and in conformity
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with the Association of Plunicipal Electrical utilities
Guide to Municipal Standard Construction. The instal-
lation of all works provided for in this clause shall
be constructed under the supervision and inspection of
the aforesaid authority.
it 11. INSPECTION OF WORK
All works required to be constructed by the owner
shall be installed under the observation of Inspectors
employed by the Town and the Owner agrees to pay the
costs incurred (Salaries and Expense) therefor within
ten days of their being rendered.
12. LIABILITY INSURANCE
Before commencing any of the work provided for herein,
the owner shall supply the Town Clerk 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 subdivi-
sion. The amount of the said policy shall be $1,000,000.00.
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 ten (10) days of the account therefor being ren-
dered 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 guarantee
provided by the Liability Insurance Policy shall not
lapse.
13. PERFOP1,1ANCE AND [''AIN'E'ENP.NCE GUARANTEE:
Before commencing any of the work provided for herein, I
the owner shall supply the Town with a 1002 Performance
and Maintenance Bond in form satisfactory to the Town `
and in the amount of $65,000 .00 , 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 approved
in writing, by the Director of Public Works. Such
Performance and Maintenance Guarantee mzV, at the option
of the Owner, be made up of part bond and part cash,
or all cash, or letter of credit. The Owner may from
time to time apply for a reduction in the bond, cash
or letter of credit and such application shall be made `
to the Town upon written verification of the Director
of Public Works that the services for which reduction
is being sought have been satisfactorily completed,
provided such reduction shall not reduce the amount
of the security to any amount 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.
14. DRAINAGE - SODDING
The Owner agrees to provide the Town, 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
?I to provide for the proper drainage thereof and the drain-
age 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 Agreement. The
grading of the lands shall be carried out in accordance
with such Grading Control 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 subdivision by the
Town, the Owner agrees to correct them by re-grading
or by the construction of catch basins, swales or other
structures as may be necessary to correct such problems.
The Owner agrees to sod the front, side and rear yards
of each of the lots or blocks except for paved or
planted areas, upon the completion of the construction
j of buildings thereon.
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15. INCOMPLETED OR FAULTY WORK
If, in the opinion of the Director of Public Works, the
Owner is not prosecuting or causing to be prosecuted
p the work in connection with this Agreement within the
specified time, or in order that it may be completed
within the specified time, or is improperly performing
the work, or shall the Owner neglect or abandon it
before the completion, or unreasonably delay the same
so that the conditions of this Agreement are being
violated or carelessly executed, or in bad faith, or
shall the Owner neglect or refuse to renew or again
perform such work as may be rejected by the Director
of Public Works as defective or unsuitable, or shall
the Owner in any other manner, in the opinion of the
Direclf)r of Public Works, make default in performance
of th(, 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 notification be with-
out effect within ten (10) clear days after such
notice then in that case the Director of Public Works
shall thereupon have full authority and power immed-
iately 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 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 cal-
culated 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 fur-
ther, a fee of thirty per cent (3001) of the value for
the dislocation and inconvenience caused to the Town
as a result of such default on the part of the Owner,
it being hereby declared and agreed that the assuming
by the owner of the obligations imposed by this par-
graph is one of the considerations, without which the
Town would not have executed this Agreement.
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16. DEDICATIONS
The Owner shall dedicate as public highway, upon the reg-
istration of the final plan, or convey, free and clear of
all encumbrances, within the thirty (30) days immediately
following the registration of the final plan, the lands
indicated in Column I of the following Table to the res-
pective authority named in Column II of the Table:
Column I Column II
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Block F The Regional Municipality of Durham
Block G The Regional Municipality of Durham
Street 'A' The Corporation of the Town of
Pickering
15' daylighting triangle The Corporation of the Town of
at the southeast corner Pickering
of Lot 9
15' daylighting triangle The Corporation of the Town of
at the northeast corner Pickering
of Lot 1
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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 I:hirty (30) days immediately following
the registration of the final plan, the lands indicated
in Column I of the following Table to the respective
authority named in Column II of the Table:
Column I Column II
Block 11 The Regional Municipality of Durham
Block I The Regional. Municipality of Durham
18. TRANSFERS-EASEMENTS
The Owner shall arrange at no cost to the Town for grant-
ing to the Town such easements as the Director of Public
Works or his designate shall deem necessary for the pro-
vision 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 construction of any services in such easement or ease-
ments shall not commence until the easement has been
acquired, unless permission to do so has )been obtained
by the Owner, in writing, from the Town and from the
registered Owner of the lands across which the easement
shall lie.
19. STREET NPIAING
The Town shall name Street 'A' to its satisfaction and to
the satisfaction of The Regional Municipality of Durham.
20. SERVICE' CAPACITY
This Agreement shall. be subject to the O?-mer 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.
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?1, GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave the driveway approaches between the
curb and sidewalk, it being understood that
the sidewalks are normally located-three
feet from the property line.
(b) Ontario Hydro Rights-of-Way
In the event that a right-of-way of Ontario
Hydro passes through or is immediately adja-
cent 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 and Debris
To neither 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 con-
sent of the Authority responsible for such
lands. The Owner shall, on request, supply
the Town with an acknowledgement from such
buthority 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 his lands or any pub-
lic lands.
(e) Qualitative or Quantitative Tests
The Director of Public works may have qual-
itative or quantitative tests made c?f any
materials which have been or are proposed
to be used in the construction of any ser-
vices required by this Agreement, and the
cost of such tests shall be paid by the
owner within ten (10) days of the account
being rendered by the Town.
(f) Relocation of Services
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To pay the cost of relocating any existing
services and utilities caused by the sub-
division work within ten (10) days of the
account for same being rendered by the
Town. The Owner further agrees to simi-
larly 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) Pedestrian Walkway,;
Where the Town requires a pcedcslrian walkway,
to construct it according to plans and spcci-
ficat.ions approved by the D:irecLor of Public
Works.
(h) 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.
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(i) Temporary Signs
To provide and erect at its own cost temporary
street signs at locations designated by the
Director of. Public Works and to erect signs
denoting the future use of lands within the
subdivision not scheduled for immediate devel-
opment and such signs shall be according to
the specifications of the Town.
(j ) Permanent Signs
To provide and erect at his own cost, perman-
ent signs at locations designated by the
Director of Public Works to the specifications
of the Town.
(k) Engineering Drawings
Prior to the final acceptance of the subdivi-
sion to supply the Town with the original
drawings of the Engineering Works for the
subdivision, with amendments, if any, noted
thereon.
(1) Snow Plowing and Sanding of Roads
11, 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 Di-rector of Public'Works
deems conditions warrant and until such time
as the roads are acceptable to the Director
of Public Works for winter control.
(m) Survey Monuments and 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
registered plan, and survey monuments at all
block corners, the ends of all curves, other
than corner rounding;; and all points of change
in direction of streets on the registered
plan.
(n) Where the approval of the Town is called for, such approval shall not be
unreasonably withheld nor shall there be attached to it unreasonable
conditions and such approval shall comply with the relevant Town standards
and specifications. Should the Owner or its consulting engineer or architect
dispute the reasonableness of withholding an approval or approvals or the
compliance with relevant Town standards or specifications, then either of
the parties hereto may call for arbitration pursuant to the provisions of the
Arbitration Act RSO 1970.
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PART III - CONSTRUCTION AND OCCUPANCY OP' BUILDINGS
CONSTRUCTION AND OCCUPANCY OF' BUILDINGS
(a) The Owner agrees that no building permit shall_
be is:nied 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.
(b) The Owner further agrees that no building or
part of a building in the subdivision shall be
occupied except on the following conditions:
(i) Sewer and water facilities are
installed and in operation to
adequately serve such building
or part thereof;
(ii) A municipal occupancy permit
has been issued;
(iii) Electric service is completed
and in operation; and
(iv) 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 existing
maintained public road.
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(c) The Owner agrees with the Town that should any
building or part thereof in the subdivision be
occupied in contravention of any or all of the
provisions contained in subsection (b), above,
then in that event the Owner shall pay to the
Town the sum of $1,500.00 for each building or
p;ict thereof so occupied as liquidated damages
for such contravention. 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.
(d) The Owner further covenants and agrees to main-
tain 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.
TIME LIMIT FOR CONSTRUCTION
The Owner agrees to construct or cause to be constructed
forty-three (43) housing units; and 17,000 square
feet of commercial space which shall be completed within
two (2) years of the date of registration of the plan.
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24. SITE PLANNING
(a) The Owner agrees that prior to the issuance Of building
permits for any of the residential units to be erected on
the lands it shall submit architectural and siting plans
for all of the residential units to the Town for approval.
The Owner agrees to engage the services of only one archi-
tectural firm at one time to co-ordinate the design for all
residential units and that firm is to be the co-ordinator
throughout the design approval process.
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(b) The siting plans may be required, at the Town's option,
to provide the following information:
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(a) street scape for front and rear elevation at a
scale acceptable to the Director of Planning;
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(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.
j, (c) The development of Block E shall be subject to the
entering into by the Owner with the Town of a specific
site plan agreement respecting that block.
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25. 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 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".
26. NOISE ATTENUATION MEASURES
(a) The owner shall provide
attenuation measures to
of the development from
the C.N.R. right-of-way
must be approved by the
building permit for any
4 to 10, inclusive, and
to the Town proposals for noise
be implemented for the protection
noise associated with the use of
and Highway 401. Such proposals
Town prior to the issuance of any
building to be erected on Lots
Block A. A
(b) The owner agrees that for all units on Lots 4 to 10,
inclusive,and Block A, the agreement of purchase and
sale for, the deed to, the lease for, or the rental
agreement for, shall contain the following notice:
"Due to increasing train and traffic volumes, .
noise levels in this property may become of
concern, noise occasionally interfering with
some activities of the occupants."
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(c) The condition contained in 26. (b) herein will be waived
or amended by the Town if so instructed by the Ministry
of Housing on behalf of the Ministry of Environment.
PART IV - FINANCIAL MATTERS
27. FINANCIAL PAYMENTS
j The Owner agrees to pay to the Town the sum of $1,500.00
I 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 $1,500.00 per unit
levy shall have been made in advance of the issuance of
such permit with respect to such dwelling unit. Pay-
ments 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.
28. LETTER OF CREDIT
j 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 $64,500.00 as
security for:
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(a) the payments referred to in Section 27 hereof,
and,
(b) the payment of liquidated damages referred to
in subsection (c) of Section 22 hereof.
29. 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 regis-
tration to prepay any outstanding 1 cal
improvement charges which are levied against
any of the lands on the said plan of sub-
division.
(c) Interest
To pay interest at the rate of fourteen per cent.
(14;) 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) Reqistration Fees
To pay all registration costs incurred by
the Town relating in any way to the registra-
tion of the plan of subdivision or any other
related documentation, including transfers,
in the Land Titles Office.
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(e) Lien or Other Claims
Upon applying for final acceptance of the sub-
division, to supply the Town with a Statutory
Declaration that all accounts for work and
materials have been paid, except normal guar-
antee holdbacks, and there are no claims for
liens or otherwise in connection with such
work done or material supplied for or on
behalf of the owner in connection with the
subdivision or if such claims do exist, the
Owner agrees to indemnify the Town against
any claims, actions, or demands for mechanics'
liens or otherwise and all costs in connection
therewith.
30. 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 provide 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 satis-
faction 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.
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PART V - PARKS AND TREES
31. PARK DE:DICA'I'ION
The Owner agrees that, prior to the registration of the
plan herein, it shall pay to the Town the sum of Twenty-
Six Thousand, Three Hundred and Fifty Dollars ($26,350,00)
in cash in lieu of the dedication of parkland, and the
Town hereby agrees to accept such sum for that purpose.
32. OPEN SPACE/PARK FENCING
'I The Owner shall be required to place and maintain a tein-
porary fence along all boundaries of existing or proposed
parkland, open space or walkways, within the subdivision
or adjacent to it, prior to the commencement of any con-
struction, including rough grading in the subdivision.
Upon completion of final lot grading and seeding or sod-
ding the lands in the subdivision, the Owner shall erect
?I a permanent fence along all boundaries of parkland, open
space or walkways within or adjacent to the lands in the
subdivision. Such fence shall be six feet high and con-
structed of nine guage galvanized, steel link fencing
with maximum two inch mesh, unless substitution is
authorized in writing by the Director of Parks and
Recreation.
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33. DRAINAGE ONTO OPEN SPACE/PARKLAND
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The Owner shall ensure that the lands within the subdi-
vision do not drain surface run-off water onto 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 twenty feet from the property line, suit-
able swales and catchbasins to adequately manage, in
the opinion of the Director of Parks and Recreation,
all surface run-off water, draining onto parkland, open
space or walkways from the lands within the subdivision.
34. TREE PLANTING
(a) 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
I' by the Director of Parks and Recreation prior to
the planting of any trees. A list of acceptable tree
species and sizes will be provided.
(b) The trees approved by the Town shall be planted by the
Owner no more than 3 months after final grading is done
in the specific area.
(c) (i) The Owner shall provide at least one tree per
residential unit in the subdivision.
(ii) Where the density is too great to enable this
quota to be met;, the Owner shall provide $35.00
per unit for tree planting in a public land area
in the Municipality.
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?35. TREE PRESERVATION
(a) The Owner further agrees that it shall permit the 'Down
to enter the property prior to the commencement of any
I construction thereon for the purpose of identifying the
trees existing thereon, which in the opinion of the Town,
f? shall be preserved by the Owner.
(b) During construction, all trees to be preserved on the
property shall be fully protected against damage. Pro-
tection shall be applied in the following manner prior
to commencement of any construction:
(i) The area within the drip line of all existing
trues (groups or individual) shall be protected
with temporary fencing which shall have posts
equivalent to 4" x 4" set 3 feet into the ground
and extending 5 feet above the ground subject
to the law in this regard, set at intervals not
to exceed 8 feet. Two cross members of 2" x
6" shall be secured to these cross members to
completely enclose this area;
(ii) The area within the protective fencing shall
remain undisturbed and shall not be used for
the storage of building material or equipment;
(iii) Tree protection shall remain in place until
the planting phase of the project is started,
and then it shall be removed forthwith.
(c) If the nature of the development requires a change
of ground elevation (lowering or raising of grades),
cutting of roots, or other action which may, in the
opinion of the Town, be detrimental to the tree or
trees to be preserved, the Owner shall advise the
Town prior to changing such elevation, cutting roots,
or taking other action, and obtain the consent of the
Town thereto. In granting its consent, the Town may
impose further controls or conditions to its satisfaction.
(d) Prior to the commencement of any construction, the
owner shall submit to the Town for its approval a
proposed watering and fertilizing program to assist
the trees to be preserved to adapt to the new con-
ditions resulting from the development of these lands.
The Owner further agrees that upon approval by the
Town of such a program, the program shall be implemented
and continue as approved,
(e) Trees to be preserved that die or are damaY3ed beyond
repair during construction shall be replaced by the
Owner at its own expense with trees of a size and
species approved by the Town.
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PART VI - GENERAL REQUIREMENTS
36. The Owner agrees with the Town:
(a) Licence to Enter
To retain a licence from any subsequent pur-
chaser of the aforesaid lands to enter upon
such lands in order to comply with the pro-
visions of this Agreement.
(b) Cancellation of Agreement
In the event the plan of subdivision is not
registered on or before May 1st, 1979,
the Town may, at its option on one month's
notice to the owner, declare this Agree-
ment to be null and void.
(c) 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 date of the deposit thereof in the
Post Office.
37. The Encumbrancers agree with the Town that this Agreement
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 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 regis-
tered on title to the lands affected hereby, or any part
of them, prior to the registration of this Agreement.
38. whenever in this Agreement the word "Owner" and the pro-
noun "it" is used, it shall be read and construed as
"Owner or Owners" and "his", "her" or "their", respec-
tively, and the number of the verb agreeing therewith
shall be construed accordingly.
39. The provisions in Schedules "A" and "B" attached hereto
shall 'form part of this Agreement. p
40. Time shall be of the essence of this Agreement.
41. 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 FITNESS WHEREOF the said Pai..ties have hereunto affixed
their Corporate Seals attested to by the hands of their proper
officers in that hehalf fully authorized.
SIGNED, SEALED AND DELIVERED
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EAGLE ( INVESTMENTS LIMITED
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BALLY Y VESTMENTS LIMITED
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THE CORPORATION OF THE TOWN OF
PICKERING
SCHEDULE "A"
1. TIME LIMIT FOR WORK AND GUARANTEE FOR WORKMANSHIP AND
11ATERIALS
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. Any work other than that specifically provided
for in the Table shall be completed within the time
limit provided for therein for aboveground services.
TABLE
Works Time Limit for Completion
(a) Underground - one year from the date of
Services the registration of the
final plan of subdivision
(b) Aboveground - two years from the date of
Services the registration of the
final plan of subdivision
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 programme.
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SCHEDULE "D"
1. INDUSTRIAL-COMMERC JAL COMPONENT
(a) The Owner shall construct,
(i) on Block E, commercial buildings having a
total floor area of not less than 17,000
square feet; and
(ii) elsewhere within the Town of. Pickering,
industrial buildings having a total floor
area of not less than 16,500 square feet,
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and based on the Town's 30 (commercial) -- 70
(residential) ratio and the Town's 40 (industrial)
60 (residential) ratio, shall be entitled
thereby to 43 credits upon which the same number
of residential building unit permits may be issued.
(b) The required commercial and industrial buildings
shall be completed on or before the 31st day of
December, 1980.
(c) If, on lst day of January, 1981, the required
commercial and industrial buildings have not
been constructed, then commencing in 1981, the
Owner shall pay annually to the Town on the
15th day of January in each year the sum of
$12,000.00 as liquidated damages until the
required commercial and industrial buildings
have been constructed.
j (d) The Owner shall leave deposited with the Town
?i its Performance Guarantee in the amount of
$60,OO4.00 to guarantee the satisfactory com-
pletion of the required commercial and indus-
trial buildings on or before the 31st day of
December, 1980, and to secure the payment of
any liquidated damages that, may become payable
under (c) above.
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