HomeMy WebLinkAboutBy-law 5051/97BY-LAW /
REPEALED BY ,
REPEALS , .
AMENDED BY ,
AMENDS
DISPOSITION
,THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 5051/97
Being a by-law to authorize the execution ora Subdivision
Agreement and related documentation proposing to
subdivide part of Lot 32, Concession 1, Pickering (Mauro
& Mauro Developments Inc. and Frank Fisico, Draft Plan
18T-8 7044).
WHEREAS the proposal to subdivide and register a plan of subdivision part of Lot 32, Concession 1,
Picketing, has been approved by the Commissioner of Planning of the Regional Municipality of Durham as
Draft Plan ! 8T-87044, subject to several conditions, one of which requires the entering into of a satisfactory
Subdivision Agreement with The Corporation of the Town of Picketing, pursuant to the provisions of the
Planning Act, R.S.O. 1990, chapter P. 13 section 51 (6) and
WHEREAS, pursuant to the provision of the Municipal Act, R.S.O. 1990, chapter M.45, section 191(1) the
Council of the Corporation of the Town of Pickering may pass by-laws for acquiring any land or interest
therein for the purposes of the corporation;
NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement substantially in
accordance with the form attached hereto as Schedule A. between Mauro & Mauro Developments
Inc. and Frank Fisico and The Corporation of the Town of Pickering, respecting the development of
part of Lot 32, Concession I, Pickering, being Drati Plan 18T-87044.
2. The Corporation of the Town of Picketing shall acquire those lands or interests in the lands referred
to in section 34 and identified in Schedule A of that Subdivision Agreement subject to the terms and
conditions and for the purposes s~ out therein.
3. The Mayor and Clerk are hereby authorized to execute Transfers/Deeds of Easement in the form
attached hereto as Schedule B, effecting the acquisition by The Corporation of the Town of
Pickering of any interests in land in the nature of storm drainage works easements respecting the
development of Draft Plan 18T-87044.
BY-LAW read a first, second and third time and finally passed this 23rd day of June, 1997.
TOW.~4 Of
PiCKEtiNG
LEGAL DEPT.
THIS SUBDIVISION AGREEMENT made June 23, 1997, pursuant to the provisions of section 51 of the
Planning Act, R.S.O, 1990, chapter P. 13,
BETWEEN:
MAURO & MAURO DEVELOPMENTS INC.
- and -
FRANK FISICO
herein collectively called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
herein ca'led the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to subdivide part of Lot 32, Concession 1, in the Town of Pickering, in the
Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan
of subdivision designated as Draft Plan Number 18T-87044, and is required as a condition of approval thereof
to enter into a subdivision agreement with the Town pursuant to section 51 of the Planning Act, R.S.O. 1990,
chapter P. 13;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THA'F, in consideration of thc Town consenting to
the registration of the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto
covenant and agree one with the other as follows:
PART 1 - INTERPRETING AND APPLYING THIS AGREEMENT
1. LAND AFFECTED
The lands affected by this Agreement (the "Lands") are Lots I to 17, inclusive, and Blocks 18, 19, 20
and 21, Plan 40M- , Pickering.
2. STATUS OF THIS AGREEMENT
(1) In the event the plan of subdivision is not registered on or before February 23, 1998, this
Agreement shall be null and void and of no further effect, and the Town shall not be liable for
any expenses, costs or damages suffered by the Owner as a result thereof.
(2) This Agreement is entered into and executed by the Owner tbr the purpose of having the Town
act in reliance on the covenants by the Owner contained herein and the Owner hereby waives any
right or claim which it now has or may hereinafter acquire which is inconsistent with the terms of
this Agreement.
3. INTERPRETATION
(1) Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as "he",
"she", "they", "him", "her" or "them", and the number of the verb agreeing therewith shall be
construed accordingly.
(2) Schedules A, B, C, D and E attached hereto shall form part of this Agreement.
(3) Time shall be of the essence of this Agreement.
4. BINDING PARTIES
This Agreement shall be en~brceable by and against the Parties hereto, their heirs, executors,
administrators, successors and assigns, and the Agreement and all the covenants by the Owner contained
hecein shall run with the Lands for the benefit of the Town and the land or interests in land owned by the
Town upon the registration of the plan.
5. NOTICE
(1) A~y notice required to be given hereunder may be given by personal deliver3, e'r registered mail,
(a) in the case of the Owner, to
Mauro & Mauro Developments Inc.
70 Gibson Drive
Unit 13
Markham, Ontario
L3R 4C2
and
Frank Fisico
45 Queens College Drive
Richmond Hill, Ontario
and
(b) in the case of the To~, to
The Town Clerk
The Corporation of the Town of Picketing
Picketing Civic Complex
One The Esplanade
Picketing, Ontario
L1V 6K7
(2) Each Party may redesignate the person or the address, or both, to whom or to which such notice
may be given by giving written notice to the other.
(3) Any notice given in accordance with this section shall be deemed to have been given on the
second day following the day of delivery or the day of mailing, as the case may be.
6. LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereoi; to
enable the Owner and the Town's inspectors to enter upon the Lands in order to comply with the
provisions of this Agreement.
~ 7. OWNER'S GENERAL UNDERTAKING
The Owner shall complete in a good workmanlike manner for the Town, all the municipal services as
hereinafter set forth to the satisfaction of the Town, and shall complete, perform or make payment for
such other matters as may be provided for herein.
8. OWNER'S EXPENSE
Every provision of this Agreement by which the Owner is obligated in any way shall be deemed to
include the words "at the expense of the Owner and at no expense to the Town" unless the context
requires otherwise.
PART 2 - CONSTRUCTING THE TOW~N'S SERVICES
9. CONSULTING ENGINEERS
(1) Tt~e Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to caxry,
out ali the necessary engineering and to supervise the work required to be done for the
development and construction of the project.
(2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work
required to be done for the development and construction of the project is completed and
formally accepted by the Town.
(3) The Owner may change from one Consulting Engineer to another at any time or times during the
development and construction of the projecl, so long as the Owner has a Consulting Engineer
retained at all times.
10. CONSTRUCTION / INSTALLATION OF TOWN WORKS AND SERVICES
(1) The Owner shall obtain all required approvals and shall construct or install to Town standards
and shall provide to the Towaa, complete in every detail, the following Town works and services
(the "Works") as shown on plans submitted by the Owner's Consulting Engineer to the Town and
approved by the Town's Director of Public Works in accordance with the Town's specifications
for such Works:
(a) Town roads within the plan, complete with all signs and other appurtenances;
(b) Town roads adjacent to the plan and not separated from the plan by a reserve or reserves,
complete with all appurtenances;
(c) removal and replacement of any temporary turning circle located immediately adjacent to
the plan on a Town road to be extended into the plan;
(d) street storm sewers on roads referred to in (a) and (b), complete wi!h curbs, gutters,
catchbasins and manholes;
(e) storm water drainage and management system serving the lands in the plan and lands
outside the plan but draining through the plan, complete with detention or retention
facilities, quality control devices and outlets;
(f) boulevards and sidewalks on Town roads within the plan, on Town roads adjacent to the
plan but not separated from the plan by a reserve or reserves, and on Town roads to be
extended into the plan where the Owner is required to remove and replace a temporary
turning circle;
(g) street lighting on Town roads within the plan, on Town roads adjacent to the plan but not
separated from the plan by a reserve or reserves, and on Town roads to be extended into
the plan where the Owner is required to remove and replace a temporary turning circle;
(h) street tree planting on Town roads within the plan, on Town roads adjacent to the plan but
not separated from the plan by a reserve or reserves, and on Town roads to be extended
into the plan where the Owner is required to ~.'emove and replace a temporary turning
circle;
(i) walkways on walkway blocks and park entrances, complete with walkway fencing and
lighting; and
0) other fencing, including,
(i) fencing adjacent to commercial sites, school sites, parks, open space, storm water
management facilities and roads adjacent to the plan and separated from the plan
by a reserve or reserves, and
(ii) noise attenuation fencing.
(2) If at any time prior to the acceptance of the Works, the Town's Director of Public Works is of the
opinion that additional works are necessary to provide adequately any of the public services
required by the project, the Owner shall construct, install or perform such additional works at the
request of the Director.
(3) All Works shall be constructed and installed in accordance with the Town's specifications and in
a good and workmanlike manner under the supervision of the Oyster% Consulting Engineer and
under the observation of the Town's inspectors or, in the case of street lighting, Picketing Hydro's
inspectors.
(4) The Owner shall conduct video inspections of all underground services required to be
constructed or installed hereby and shall provide a VHS-format videotape record of those
inspections to the Town.
(5) The Owner shall pay to the Town the Town's costs of inspection, including but not necessarily
limited to, salaries and wages of inspectors, testing fees and administration fees, within 30 days
of invoices being rendered.
11. GENERAL REGULATIONS RESPECTING SERVICING
(1) The construction of Town roads shall include the construction of paved driveway approaches
between the curb and sidewalk or, where no sidewalk is to be provided, between the curb and the
lot line.
(2) Where the construction or installation of services involves a continuation or extension of existing
services, the Owner shall join into the existing services, including adjustment of grades where
necessary, in a good and workmanlike manner.
(3) The Owner shall not dump nor permit to be dumped any fill or debris on, nor remove or permit
to be removed any fill from, any public lands, other than in the actual construction of roads in the
project without the written consent of the authority responsible for such lands.
(4) The Owner shall not bum nor permit to be bt~rned any refuse or debris within the project or
~ adjacent to it.
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(5) The Town's 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 or installation of any
services required by this Agreement, and the cost of such tests shall be paid by the Owner within
30 days of invoices being rendered,
(6) The Owner shall pay, within 30 days of invoices being rendered, the costs of,
(a) relocating any existing services or utilities required to be relocated by thc construction or
installation of Works, services, or utilities in the project, and
(b) moving any Works, services or utilities installed in driveways or so close thereto, in the
opinion of the Town's Director of Public Works, as to interfere with the use of the
driveway.
(7) Unless otherwise provided herein, thc Owner shall perform any work required to be done under
this Agreement to the specifications of the Town in effect at the date hereof.
(8) The Owner shall provide and erect temporary signs of such nature and at such locations as
designated by the Town's Director of Public Works.
12. ELECTRICAL SERVICES
Where electricity, cable television service or telephone service is to be provided to any lot or block in the
project, it shall be provided underground and in accordance with the standards and specifications of
Pickering Hydro-Electric Commission, Trillium Cable T.V. Limited or Bell Canada, as the case may be.
13. TREE INVENTORY / TREE PRESERVATION PROGRAM
(1) The Owner shall submit a Tree Inventory and a Tree Preservation Program prepared by a
qualified expert, and based upon the Town-approved Grading Control Plan, indicating which
existing trees in the project may be preserved to the Town's Director of Public Works for the
review and approval of the Town's Director of Planning and Director of Parks and Facilities, and
shall implement the Program as approved only.
(2) Until the Tree Preservation Program is approved the Owner shall not commence, nor allow to be
commenced, any aspect of the development of the lands in the project, including the removal of
any tree.
(3) In the event that any tree required to be preserved by the approved Tree Preservation Program is
removed or is, in the opinion of the Town's Director of Parks and Facilities, damaged to such an
extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall
replace that tree with a tree of a height, diameter and species determined by the Director; such
replacement shall be at no cost to the Town.
(4) The Owner's liability under subsection (3) shall continue until,
(a) where the lands upon which the tree is located comprise a residential building lot or
block, twelve months al~er the completion of the sodding on the lot or block, or
(b) where the lands upon which the tree is located comprise lands other than a residential
building lot, the issuance by the Town of the Final Acceptance Certificate.
14, GRADING CONTROL PLAN / LOT DRAINAGE AND SODDING
(1) The Owner shall submit to the Town, for the approval of the Town's Director of Public Works, a
Grading Control Plan (including a geotechnical soils analysis) prepared by the Owner's
Consulting Engineer, establishing the proposed grading of the lands in the project to provide for
the proper drainage thereof and the drainage of all adjacent lands which drain through the lands
in the project.
(2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage
Specifications and shall not provide for the drainage of surface run-off water onto Town-owned
parkland, open space or walkways unless provision is made for the installation by the Owner, at
no cost to the Town, of suitable swales and catch basins to manage adequately, in the opinion of
the Town's Director of Parks and Facilities, that surf,~ ~.e run-off water.
(3) The Owner shall grade all the lands in the project in accordance with the approved Grading
Control Plan, ensuring that sufficient topsoil remains as cover on all areas of the project intended
for sodding, seeding, or other planting,
(4) If the Town determines that,
(a) grading has not been done in accordance with the Grading Control Plan,
(b) grading has been done in accordance with the Grading Control Plan but drainage
problems remain, or
(c) sufficient topsoil has not been left in the appropriate areas,
the Owner shall re-grade the project, or part thereof affected, adding a sufficient amount of
topsoil if necessary, or construc! catch basins, swales or other structures as may be necessary to
correct such problems, as directed by the Town's Director of Public Works.
(5) The Owner shall sod the front, side and rear yards of each oftbe residential lots and blocks in the
project except for paved, planted or treed areas prior to the occupancy of the dwelling unit
located thereon or within the six months immediately thereafter except, ~t~ere the occupancy of
the dwelling unit occurs in November or December of any year, the time limit for sodding may
be extended to June 30 in the following year.
15. AUTHORIZATION TO COMMENCE WORK
The Owner shall not commence the construction or installation of any of the Works without the ~vritten
Authorization to Commence Work of the Town's Director of Public Works, which Authorization shall
not be issued until:
(a) four red-lined copies of this Agreement executed by the Owner and all Encumbrancers have been
provided to the Town to the satisfaction of the Town Solicitor;
(b) all of the insurance requirements outlined in section 24 together with any securities required by
this Agreement have been provided to the satisfaction of the Town Treasurer and the To~
Solicitor;
(c) all approvals and permits have been obtained by the Owner from the Ministry of the
Environment, the Ministry of Natural Resources and the Metropolitan Toronto and Region
Conservation Authority, or a certificate has been provided by the Owner's Consulting Engineer
that no such approvals or permits are required, along with all approvals reqvired by this
Agreement;
(d) conveyance of good title, free and clear of all encumbrances, to the Town. of all necessm3,
Easements and Transfers of interests in lands lying outside of the Lands as identified in Schedule
i A; and
(e) the Owner's Solicitor has provided, at the Owner's expense, a certificate of clear title, to the
satisfaction of the Town Solicitor, of all the lands and interests of lands conveyed to the Town,
lying outside of the lands, as set out in Schedule A hereto.
16. USE OF WORKS PENDING COMPLETION / EMERGENCY REPAIRS
(1) Any of the Works may be used by the Town, or by such other person or agency as may be
authorized by the Town's Director of Public Works, for the purposes for which the Works are
designed, and such use shall not be deemed an acceptance of any of the Works by the Town, nor
an assumption by the Town of any liability in connection therewith, nor a release of the Owner
from any of its obligations under this Agreement.
(2) The Town may make emergency repairs at any time to any of the Works and may for this
purpose enter the Lands at any time; such repair or entry shall not be deemed an acceptance of
any of the Works by the Town, nor an assumption by the Town of any liability in connection
therewith, nor a release of the Owner from any of its obligations under this Agreement.
17. INTERNAL / EXTERNAL ROAD MAINTENANCE AND REPAIR / SNOW PLOWING
(1) Throughout the term of this Agreement, the Owner shall,
(a) maintain all Town roads within the project in a mud and dust free condition and free of
obstructions, regardless of the source or cause of any :hud, dust or obstruction;
(b) maintain all Town roads outside the project, including boulevards, in a mud and dust free
condition and free of obstructions, where the source or cause of the mud, dust or
obstruction is an operation or operations related in any way to the development of the
project;
(c) repair all Town roads outside thc project, including boulevards, where damage has
occurred as a result of an operation or operations related in any way to the development
of the project; and
(d) plow snow from and salt all Town roads within the project that are not subject to the
Town's winter control program.
(2) The Owner, within 24 hours of verbal notification by the Town to it or its representatives, shall
undertake such works as are necessary to clean, clear, repair, plow or salt any Town road
requiting such work in the opinion of the Town's Director of Public Works or his designate.
18. COMPLETION DATES - TOWN WORKS AND SERVICES
(1) The Owner shall complete the Works in accordance with the following time limits:
(a) Town roads within the plan - two years from date of Authorization to Conunence Work:
(b) Town roads adjacent to the plan - two years from date of Authorization to Commence
Work;
(c) removal and replacement of any temporary turning circle - two years from date of
Authorization to Commence Work;
(d) street storm sewers - one year from date of Authorization to Commence Work;
(e) storm water drainage and management system (including grading and top-soiling of non-
residential lots and blocks) - one year from date of Authorization to Commence Work;
(f)(i) boulevards and sidewalks on Town roads within the plan, on Town roads adjacent to the
plan but not separated from the plan by a reserve or reserves - six months after occupancy
of first dwelling to be occupied adjacent to segment as identified by the Town's Director
of Public Works, but no later than two years from date of Authorization to Commence
Work;
(f)(ii) boulevards and sidewalks on Town roads to be extended into the plan where the Owner is
required to remove and replace a temporary turning circle - two years from date of
Authorization to Commence Work;
(g) street lighting - one year from date of Authorization to Commence Work;
(h) street tree planting - two years from date of Authorization to Commence Work;
(i) walkways, walkway fencing and walkway lighting - prior to the occupancy of any
dwelling adjacent thereto;
O)(i) other fencing adjacent to,
A parks, open space and storm water management facilities - prior to the occupancy
of any dwelling adjacent thereto;
B cemmercial sites and school sites - one year fi.om date of Authorization to
Commence Work; and
C roads adjacent to the plan and separated from the plan by a reserve or reserves -
six months after occupancy of first dwelling to be occupied adjacent to segment as
identified by the Town's Director of Public Works, but no later than two years
from date of Authorization to Commence Work; .and
(j)(ii) noise attenuation fencing - prior to the occupancy of any dwelling adjacent thereto,
following the satisfactory completion and testing of all of which, and the approval thereof by the
Town, the Town shall issue to the Owner a Completion Acceptance Certificate.
(2) Despite the provisions of subsections (1)(f)(i) and (1)O)(i)C, where the occup~cy of the first
dwelling unit occurs in November or December of any year, the time limit for construction of the
year. adjacent boulevard, sidewalk or fencing segment shall be extended to June 30 in the following
19. FAILURE TO COMPLETE / IMPROPER PERFORMANCE
(1) If, in the opinion of the Town's Director of Public Works, the Owner is not constructing or
installing the Works, or causing them to be constructed or installed, within the specified time or
so that they may be completed within the specified time, or is improperly performing the Works,
or has neglected or abandoned them before completion, or has unreasonably delayed them so that
the terms and conditions of this Agreement are being violated or executed carelessly or in bad
faith, or has neglected or refused to renew or again perform Works rejected by the Director of
Public Works as defective or unsuitable, or has in any other manner, in the opinion of the
Director of Public Works, defaulted in the performance of the terms and conditions of this
Agreement, then the Director may notify the Owner and his surety in writing of the default or
neglect and if the notification be without effect for seven days, then the Director shall have full
authority to make any payment or do any thing, including but not limited to obtaining materials,
tools and machinery and employing persons required for the proper completion of the Works or
rectification of the default, at the cost and expense of the Owner or his surety, or both.
~ (2) In cases of emergency, in the opinion of the Director of Public Works, such Director may act
without prior notice but the Owner and its surety shall be notified forthwith.
8
(3) The cost of r'Zctifying the default shall be calculated by the Director of Public Works, whose
decision shall be final, and may be charged to the Owner, together with a 25 per cent engineering
and administration fee, by drawing upon the letter of credit filed with the Town under section 21.
20. GUARANTEE OF WORKS, WORKMANSHIP AND MATERIALS
(1) The Owner shall guarantee all Works, workmanship and materials employed or used in the
construction, installation or completion of Works, services and other requirements under this
Agreement for a minimum period of two years (the "maintenance period") following the issuance
of the Completion Acceptance Certificate by the Town.
(2) Despite any other provisions of this Agreement, the responsibilities of the Owner during the
maintenance period shall include the maintenance of the Works, including the rectification of any
unsatisfactorily installed Works.
(3) Prior to the end of the maintenance period, the Owner's Consulting Engineer shall submit to the
Town,
(a) "as built" construction drawings for the Works complete as per Town standards, together
with that Consulting Engineer's certificate that those drawings accurately depict the
Works as constructed; and
(b) a statement by an Ontario Land Surveyor that all standard iron bars as shown on the
registered plan, and survey monuments at all block comers, at the ends of all curves
(other than comer roundings) and at all points of change in direction of streets in the plan
have been found or re-established.
(4) Prior to the end of the maintenance period, the Town will re-inspect the Works and if,
(a) the Works are acceptable; and
(b) the Owner has performed all of its obligations under the terms of this Agreement to the
satisfaction of the Town,
the Town will issue to the Owner a F.,nal Acceptance Certificate at which time the Town will
assume ownership of the Work:; and the operation and maintenance thereof, and the m~!,aenance
period will then end.
(5)If upon the re-inspection conducted prior to the end of the maintenance period,
(a) the Works are not acceptable, or
(b) the Owner has not performed all of its obligations under the terms of this Agreement to
the satisfaction of the Town,
the Town will advise the Owner of the deficiencies, the expected rectifications, and the time
limited for implementing the rectifications (the "rectification period") and the maintenance
period shall be extended to the end of the rectification period.
(6) At the end of the rectification period, the Town will re-inspect the Works and if,
(a) the Works are acceptable; and
(b) the Owner has performed all of its obligations under the terms of this Agreement to the
satisfaction of the Town,
the Town will issue to the Owner a Final Acceptance Certificate at which time the Town will
assume ownership of the Works and the operation and maintenance thereof, and the maintenance
period will then end.
9
· (7) If upon the m-inspection conducted at the end of the rectification period,
(a) the Works are still not acceptable, or
(b) the Owner has not performed all of its obligations under the terms of this Agreement to
the satisfaction of the Town,
the Town's Director of Public Works shall determine, in his sole discretion, whether a further
rectification period will be granted, and, if so, upon what terms and conditions, or whether the
Town shall proceed under the provisions of section 19, or both.
21. PERFORMANCE AND MAINTENANCE SECURITY
(1) Before this Agreement will be executed by the Town, the Owner shall file with the Town an
irrevocable letter of credit, issued by a chartered bank in Canada in the form set out in Schedule
B and in an amount established by the Director of Public Works (the "original value"), as a
~"erformance and maintenance security tbr the purpose of,
(a) guaranteeing the satisfactory construction, installation or performance of the Works;
(bt guaranteeing the payment of any amounts payable to the Town under this Agreement;
(c) guaranteeing the payment of any amount that the Town ,~ay be required to pay under the
provisions of the Construction Lien Act, or any successor thereto, and
(d) guaranteeing all Works, workmanship and materials during thc maintenance period and
a_ny rectification period or periods and until a Final Acceptance Certificate has been
issued by the Town's Director of Public Works.
(2) The Owner may, at any time after the first 50 per cent, in value, of Works have been constructed,
installed or pertbrmed, and paid !bt, apply tbr a reduction in the security and such application
shall be made to the Town Treasurer.
(3) Upon written verification from thc Director of Public Works that the construction, installation or
performance of the Works for which reduction is being sought have been satisfactorily completed
and paid for, the Town Manager may reduce the amount of the security to an amount not less
than,
(a) 60 per cent of the original value where no certificate or dcclaratiop of substantial
perfortnance has been made;
(b) 35 per cent of the original value where,
(i) a certificate or declaration of substantial perfbrmance has been published;
(ii) 45 days following such publication have expired; and
(iii) all liens that may be claimed against any holdback required to be retained by the
Town have expired or have been satisfied, discharged or provided for by payment
into court;
and
(c) 17 per cent of the original value wl~ere,
(i) a certificate of final completion has been made by the Owner's Consulting
Engineer;
10
(ii) 45 days following the making of such certificate have expired;
(iii) all liens that may be claimed against any holdback required to be retained by the
Town have expired or have been satisfied, discharged or provided for by payment
into court; and
(iv) a Completion Acceptance Certificate has been issued by the Town's Director of
Public Works,
which 17 per cent portion shall secure the guarantee of Works, workmanship and
materials, until a Final Acceptance Certificate has been issued by the Town's Director of
Public Works, when the balance of the security shall be returned to the Owner subject to
any deductions for rectification of deficiencies.
(4) Upon the approval, if any, of a reduction in the amount of the secarity required to be provided in
subsection (1), the Town Manager or the Town Treasurer shall provide to the Owner any
necessary assurance to effect the reduction.
22. OWNER'S GENERAL INDEMNITY
Until the 'gown's Director of Public Works has issued the Final Acceptance Certificate for the Works,
the Owner shall indemnify the 'gown against all actions, causes of actions, suits, claims and demands
whatsoever, which may arise either directly or indirectly by reasoT~ of the Owner undertaking the project
or servicing the Lands as required under this Agreement.
23. OCCUPATIONAl. HEALTtt AND SAFETY
(1) The Owner certifies that it is aware of its duties and obligations trader the Occupational Heahh
and SaJbty Act, or any successor thereto, and all Regulations tl,ereunder (in this section called the
"Act"), and shall ensure that its employees, contractors, subcontractors and their employees,
(a) are aware of their respective duties and obligations under the Act, and
(b) have sufficient L'~owledge and training to perform all works and services required
pursuant to this Agreement safely and in compliance with the Act.
(2) In the performance of all works and services required pursuant to this Agreement, the Owner
shall,
(a) act safely and comply in all respects with the Act, and
(b) ensure that its employees, contractors, subcontractors and their employees act safely and
comply in all respects with the Act.
(3) The Owner shall rectify any unsafe act or practice and any non-compliance with the Act
immediately upon being notified by any person of the existence of such act, practice or non-
compliance.
(4) The Owner shall permit representatives of the Town on the site where any works or sen'ices
required pursuant to this Agreement are being performed at any time or times for the purpose of
inspection to determine compliance with this section.
(5) No act or omission by the Town or any representative of the Town (including the entering into of
this Agreement) shall be deemed to be an assumption of any of the duties or obligations of the
Owner, its employces, contractors, subcontractors and their employees under the Act.
(6) In addition to the Owner's general indemnification of the Town pursuant to section 22. alxwe, the
Owner shall indemnify and save harmless the Town,
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(a) from any loss, inconvenience, damage or cost to the Town which may result from the
Owner or any of its employees, contractors, subcontractors and their employees failing to
act safely or to comply in all respects with the Act in the peri, finance of any work or
service required pursuant to this Agreement; and
(b) against any action or claim, or costs related thereto, brought against the Town by any'
person arising out of any tmsafe act or practice or any non-compliance with the Act by
the Owner or any of its employees, contractors, subcontractors and their employees in the
performance of any work or service required pursuant to this Agreement.
24. LIABILITY INSURANCE POLICY / PROVISION FOR DEDUCTIBLE
(1) Before this Agreement ~vill be executed by the Town, the Owner shall file with the Town a
Certificate of Insurance verifying that a Liability Insurance Policy is in effect, setting out the
essential terms and conditions of the insurance, and naming the Town as additional named
insured, all of which shall be subject to the approval of the Town Solicitor.
(2) The policy shall comply with the following provisions:
(a) the minimum limit per occurrence shall be $5,000,000 all inclusive lbr property damage
and personal liability;
(b) it shall not contain a clause for exclusion tbr blasting; and
(c) it may not be cancelled unless prior notice by registered letter has been given to the Town
by the insurer thirty days in advance of the expiry date.
(3) Thc policy premium must be paid initially tbr a period of one year and the policy shall be
renewed for further one year periods until the Final Acceptance Certificate has been issued by the
Town's Director of Public Works.
(4) If the policy coverage is subject to a deductible amount, the Owner shall file with the Town,
when filing the Certificate of Insurance, a certified cheque or letter of credit with the Town in the
deductible amount, as a deposit, together with a letter from the Owner authorizing the Town to
appoint an independent adjuster and to investigate claims less than the deductible amount and
authorizing the Town to pay such claims deemed valid by the adjuster out of the deposit; the
Owner shall be responsible for all adjustment service costs and shall maintain the deposit
throughout the term of this agreement in the amount of the deductible.
(5) The provision of the insurance policy required by this section shall not re';~,ve the Owner from
liability for claims not covered by the policy or which exceed its limits, if any, for which the
Owner may be held responsible.
PART 3 - DEVELOPING THE PROJECT
25. CONSTRUCTION AND OCCUPANCY OF BUILDINGS
(1) No building permit shall be issued for any building or part of a building on the Lands until,
(a) all buildings and structures on *,he Lands prior to draft plan approval have been
demolished by the Owner;
(b) sewer and water facilities are available, and in the opinion of the Town's Director of
Public Works, capable of providing adequate service;
(c) an asphalt base has been laid on the road immediately in front of the building or part
thereof and extended to an existing maintained road; and
(d) the Owner has paid to the Town the applicable development charge for each dwelling in
that building or part thereof in accordance with By-law 3854/91, enacted pursuant to the
Development Charges Act.
(2) No building or part of a building on the Lands shall be occupied except upon the issuance of a
municipal occupancy permit.
(3) No application for a municipal occupancy permit tbr a building or part of a building shall be
made except upon the following conditions:
(a) storm sewer, sanitary sewer and water facilities are installed and in operation to
adequately serve such building or part thereof;
(b) electric service is completed and in operation; and
(c) such curbs, as in the opinion of the Town's Director of Public Works, are required to be
completed prior to occupancy have been constructed on the road immediately in front of
the building or part thereof and extended to an existing maintained public road.
(4) The Owner shall maintain vehicular access to all occupied buildings on the Lands until the roads
in the plan are formally assumed by the Town.
26. DESIGN PLANNING - RESIDENTIAL UNITS AND NOISE ATTENUATION STRUCTURES
(1) Prior to the issuance of any building pemfit Ibr the construction of any residential unit on the
Lands and the construction of any noise attenuation structure in or adjacent to the project, the
Owner shall submit to the Town's Director of Planning, for approval, a report outlining siting and
architectural design objectives for the project.
(2) That report may be required, at the Director's option, to provide the following information:
(a) house massing;
(b) streetscape;
(c) exterior materials and colours;
(d) architectural style;
(e) visual variety;
(f) energy conservation measures; and
(g) any other data or information reasonably required.
(3) Prior to the issuance of each building permit for the construction of a residential unit on the
Lands, the Owner shall submit to the Town's Director of Planning, for approval, site plans and
architectural drawings for that unit.
(4) Those 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, rear and flankage elevations 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 reasonably required.
27. SPECIFIC PROVISIONS, RESPECTING DEVELOPMENT
The Owner shall comply with any specific provisions respecting the development of this project set out
in Schedule D.
PART 4 - FINANCIAL MATTERS
28. EXPIRY OF SECURITIES
(1) Should any letter of credit security required to be provided hereunder expire before the Town
releases the Owner from the terms and conditions hereof, the Owner shall provide to the Town at
least 30 days in advance of the expiry date of that security, a further security to take effect upon
the expiry.
(2) Such further security shall be in a form and amount satisfactory to the Town.
(3) Should no such further security be provided as required, then the Town shall have the right to
convert the expiring security into cash and hold the cash in lieu of and for the same purposes as
the expiring security.
29. PAYMENT OF LIENS AND OTHER CLAIMS
(1) The Owner shall discharge or vacate any liens or claims filed with the Town or registered on title
to any Town-owned lands within thirty days of being requested to do so by the To~.
(2) At the end of the maintenance period, as extended during any rectification period, the Owner
shall file with the Town a Statuto~ Declaration stating that,
(a) ali materials have been supplied and all services and works have been completed in the
project with respect to the construction and installation of Works and other services;
(b) all accounts tbr work or selwice perlbrmed and materials placed or furnished upon or in
respect of the construction and installation of Works and other services in the project
have been fully paid and satisfied and no person is entitled to claim a lien under the
Construction Lien Act against the Town or any Town-owned land;
(c) there are no judgments or executions filed against the Owner;
(d) nothing is owed by the Owner or claimed against it for unemployment insurance
deductions, income tax deductions, or by way of contribution or assessment under the
Workers" Compensation ,4 ct;
(e) the Owner bas not made any assignment for the benefit of creditors, nor has any receiving
order been made against it under the Bankruptcy Act, nor has any petition for such an
order been served upon the Owner; and
(f) 45 days have passed since the completion of the construction, installation, and last
rectification of the Works and services.
30. PAYMENT OF INTEREST ON OVERDUE AMOUNTS PAYABLE
The Owner shall pay interest at the rate of 18 per cent per year to the Town on all sums of money
payable hereunder which are not paid on the due dates calculated from such due dates.
3 i. PAYMENT OF REALTY AND BUSINESS TAXES / LOCAL IMPROVEMENT CHARGES
(I) The Owner shall pay in full as they c~me due all realty and business taxes assessed against the
Lands or the Owner as required by law from time to time.
(2) Before this Agreement will be executed by the Town, the Owner shall commute and pay to the
Town or to the Regional Municipality of Durham all local improvement charges assessed against
the lands in the plan,
32. PAYMENT OF DEVELOPMENT CHARGES
(1) The Owner shall pay to the Town, in accordance with the Development Charges Act and the
Town's Development Charges By-law 3854/91, development charges for each dwelling unit
within the project.
(2) The amount of the development charge for each dwelling to be erected in the plan shall be the
amount set out in Schedule C for that type of dwelling, as adjusted annually in accordance with
Schedule C.
(3) Where a development charge is payable for a dwelling located on a parcel of land comprised of
land in this plan and land not in this plan, the amount of the development charge payable tbr that
dwelling shall be the amount calculated in accordance with the provisions of the subdivision
agreement for the most recently registered of the plan or plans within which the parcel is located.
33. PAYMENT OF ENGINEERING, I.EGAL AND REGISTRATION FEES
(l) Prior to the release for registration of this plan, the Owner shall pay by certilied cheque to the
Town an Engineering Drawing Inspection Fee in the amount set out in Schedule C for the
examination and inspection done by the Town's Public Works Department in the processing of
the engineering drawings for this project.
(2) Prior to this Agreement being submitted to Town Council for consideration, the Owner shall pay
by certified cheque to the Town a Subdivision Agreement Processing Fee in the amount set out
in Schedule C for the preparation and processing of this Agreement by the Town's Legal Services
Department.
(3) Prior to the release for registration of this plan, the Owner shall pay all registration costs incurred
by the Tow~ relating in any way to the registration of the plan of subdivision, this Agreement, or
any other documentation, including transfers, in the Land Registry Office.
PART 5 - TKANSFERS AND REGISTRATIONS
34. TRANSFERS OF LANDS OR INTERESTS IN LANDS OD. PAYMENTS IN LIEU THEREOF
(1) Prior to the release for registration of this plan, the Owner shall convey or cause to be conveyed
to the Town, free and clear of ali encumbrances and at no cost to the Town, all of the lands or
such interests in lands identified in Schedule A for the purposes set out therein.
(2) The Owner hereby warrants that, upon such conveyance, neither the title to the lands conveyed
nor their physical state and condition shall prevent the T~wn from lawfully or physically using
the lands for the purposes for which they are being convtye~ as set out in Schedule A.
(3) Where none of the lands identified in Schedule A are to be conveyed fcr parkland purposes, the
Owner shall pay to the Town, before this Agreement will be executed by the Town, an an~ount
calculated in accordance with the provisions of Schedule A in lieu of a parkland conveyance.
(4) Any Transfer/Deed given pursuant to this Agreement shall be in a form acceptable to the Town
Solicitor and any Transfer/Deed of a storm drainage works easement shall contain the Storm
Drainage Works Easement Schedule set out in Schedule A.
(5) The Town may complete or alter any description of land in this Agreement or in any
Transfer/Deed given pursuant to this Agreement so as to make the description correspond with
the description of the land according to the plan which is to be registered pursuant to this
Agreement.
35. RELEASE OF THE PLAN FOR REGISTRATION
Before the Town will advise the Regional Municipality of Durham that the conditions of Draft Approval
affecting the Town have been satisfied, the Owner shall deliver to the Town the following:
(a) four red-lined copies of this Agreement executed by the Owner and all Encumbrancers;
(b) all monies, securities and insurance required by this Agreement;
(c) three executed copies, in a form suitable for registration, of each Transfer/Deed required by
section 34 respecting the conveyances identified in Schedule A, and one draft copy of each
required reference plan.
(d) a certificate of clear title to the Lands being conveyed to the Town, from the Solicitor for the
Owner, in favour of the Town which certificate shall be prepared in a form acceptable to the
Town Solicitor at no cost to the Town.
36. REGISTRATION OF AGREEMENT
(1) This Agreement shall be registered by the Town in the Land Registry Office in either the Land
Titles Division (No. 40) or the Land Registry Division of Durham, whichever is applicable to the
system in which the lands lie.
(2) Prior to the registration of this Agreement, the Owner shall pay all registration costs relating in
any way to the registration of this Agreement, or any other documentation relating to this project.
(3) Prior to the registration of this Agreement, the Owner's Solicitor will provide, at the Owner's
expense, a certificate of title, to the satisfaction of the Town Solicitor, of all the lands and
interests of lands conveyed to the Town as set out in Schedule A hereto.
(4) The Owner shall indemnify and save harmless the Town from any loss, inconvenience or damage
which may result to the Town from the Owner's failure to comply with subsection (2) and against
any action or claim made against the Tow~ by any person other than the Owner arising out of the
execution by the Town of this Agreement.
(5) The Owner shall give to every purchaser of the Lands or any part of the Lands actual ,~otice of
the existence and the terms of this Agreement and shall include an acknowledgment in any offer
to purchase or other similar document dealing with the Lands, or any part of them.
(6) The Owner shall execute such further assurances of the rights hereby granted as may be deemed
necessary by the Town.
IN WIq'~qESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to
by the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
MAURO & MAURO DEVELOPMENTS INC.
AND FRANK FISICO
I/We have the authority to bind the corporation.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
ENCUMBRANCER -
The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this
Agreement shall take effect as tb. ough executed and registered prior to the creation of any such right or interest
and prior to the execution and registration of any mortgage, agreement or other document creating or defining
any such right or interest;
And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance,
easement or other document given pursuant to this Agreement, shall have priority over the rights of the
Encumbrancer in the Lands with the intent that the Encumbrancer or anyone claiming under it shall at no time
exercise in relation to the Lands any right, title or claim which could not be exercised by the Owner by reason of
the terms of this Agreement.
Dated at , this day of ,1997.
SIGNED, SEALED AND DELIVERED
I/We have the authority to bind the corporation.
~CHEDULE&
TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF
(Section 34)
1, CONVEYANCES REQUIRED TO BE MADE TO THE TOWN
Land to be Conveyed Purpose Interest to be Conveyed
Block 22 Stormwater Management Fee Simple
Block 26 Reserve Fee Simple
Any portion of the lands Storm drainage works Easement
determined by the Tovm's
Director of Public Works
Any lands outside the Lands Storm drainage works Easement
determined by the Town's
Director of Public Works
2. CALCULATION OF AMOUNT PAYABLE IN LIEU OF PARKLAND CONVEYANCE
Prior to the registration of the plan, the Owner shall obtain a written appraisal, prepared by a
professional land appraiser acceptable to the Town, of the value of the land in the plan as of the day
before draft plan approval and shall pay the sum equal to five percent of that appraised value, which sum
shall be provided in the form of cash or certified cheque, and which sum the Town shall accept in full
satisfaction of the Owner's obligation to provide parkland.
3. STORM, DRAINAGE WORKS EASEMENT REFERENCE PLANS
(1) Before the Town will advise the Regional Municipality of Durham that the conditions of Draft
Approval affecting the Town have been satisfied, the Owner shall obtain and deliver to the Town
one draft copy of each proposed reference plan required to effect the conveyance of the specific
easements referred to in section I of this Schedule.
(2) Upon the completion of the construction and installation of the storm drainage works within each
easement shown on any proposed reference plan, the Owner's Consulting Engineer shall advise
the Town's Director of Public Works of the actual location of the works in relation to the
proposed easement or easements, and if the Director is satisfied with the actual location of the
works, the Owner shall register that reference plan and provide four copies of the plan as
registered to the Town Solicitor.
(3) If the Town's Director of Public Works is not satisfied with the actual location of the works in
relation to the proposed easement or easements, the Owner shall obtain and deliver to the Town
one draft copy of a revised proposed reference pla,a, and the provisiorkq of subsection (2) and of
this subsection will continue to apply.
(4) Where the Town's Director of Public Works determines that the Town requires casements not
specifically referred to in section 1 of this Schedule, the Owner shall obtain and deliver to the
Town one draft copy of each proposed reference plan required to effect the conveyance of the
such easements within 30 days of the Town's request to do so, and the provisions of subseetioia~s
(2) and (5) will apply.
18
4. STORM DRAINAGE WORKS EASEMENT SCHEDULE
Where a conveyance of an easement is for storm drainage works purposes, the following Schedule shall
be attached to the Transfer/Deed of Easement:
INTEREST/ESTATE TRANSFERRED
Subject to the followinq terms and conditions, the free, uninterrupted and unobstructed right and
easement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct and remove storm
drainage works together with appurtenances thereto (herein called the "works"), in, over, along, across,
upon and under the land described in Box 5 (herein called the "lands"), and to dcain storm water in, over,
along, across, upon and under the lands, together with the right to the Transferee, its servants, agents and
contractors with all necessary vehicles, supplies and equipment to enter onto the lands and pass and
repass over the lands for the purpose of exercising or enjoying any of the rights granted herein.
The terms and conditions which the parties hereto covenant and agree to observe and be bound by are as
follows:
1. The Transferee shall, except in case of emergency, before commencing any work authorized
hereby, give to the Transferor forty-eight hours previous written notice thereof, and in cases of
emergency such previous notice thereof as is reasonably possible.
2. Upon completion of any work. the Transferee shall fill in all excavations, restore fences, and
restore the surface of the ground by restoring all topsoil and grass cover disturbed thereby, and
do necessary grading to ensure soil and slope stability, and remove all equipment.
3. The Transferor shall not erect any building or structure (except a fence) on the lands, and shall
not place or remove any fill on or from arty part of the lands without the previous written consent
of the Transferee.
4. The right and easement granted herein shall be subject to all leases, ticences, and any rights of
use or occupation existing at the date hereof, and the Transferor may from time to time renew or
extend these or make new ones, so long as they do not interfere unreasonably with the right and
easemtnt herein granted.
5. The Transferor hereby releases the Transferee from any claim which may arise out of the
exercise by the Transferee of the right and easement granted hereby or which may arise out of the
existence of the storm water or the existence, operation or non-operation of the storm drainage
works provided the Transferee has complied with all of ti~e terms and conditions herein.
The Transferor shall execute such further assurances of the right and easement granted hereby as
the Transferee may reasonably request in writing.
7. The burden of this Transfer and of all the terms and conditions contained herein shall run with
the lands.
8. This Transfer and all of the terms and conditions contained herein shall enure to the benefit of
and be binding upon the Transferor and the Trartsferee and their respective heirs, executors,
administrators, successors and assigns.
LAND BENEFITTED (DOMINANT TENEMENT)
9. The benefit of this Transfer and all of the terms and conditions contained herein shall run with all
other lands and interests in lands owned, occupied ot used by the Transferee tbr the purpose of
operating and maintaining storm drainage works.
SCHEDULE B
REQUIRED FORM FO.!~ PERFORMANCE AND MAINTENANCE SECURITY LETTER OF
CREDIT
(Section 21)
To: The Corporation of the Town of Picketing
Picketing Civic Centre
One The Esplanade
Picketing, Ontario
LIV 6K7
We hereby authorize you to draw on [name of bank[, [address of bank], for account of Iname of company or
companies obtaining security] up to an aggregate amount of [amount of security in figures and in fullI
available by drafts at sight for 100% of demand as follows:
Pursum~t to thc request of our customers(s), thc said [name of company or companies obtaining security], wc
[name of bank[, [address of bank], bereby establish and give to you an irrevocable Letter of Credit in your
favour in the total amount of [amount of security in numbers and in words[ which may be drawn on by you
at any time and from time to time upon written demand for payment made upon us by you which demand we
shall honour without enquiring whether you have a right as between yourself and our said customer(s or any of
them) to make such demand, and without recognizing any claim of our said customcr(s or any of them).
Provided, however, that you arc to deliver to [name of bank], laddress of bank], at such time as a written
demand for payment is made upon us a certificate signed by you agreeing or continuing that monies drawn
pursuant to this Letter of Credit arc payable to you or arc to bc or have been expended pursuant to obligations
incurred or to bc incurred by you with rcfi:rencc to your file regarding a Subdivision Agreement dated [date of
Agreement], between [name of signatories to Agreement, other than Town and Encumbrancer(s)] and Thc
Corporation of the Town of Pickcring: this Lc!tcr of Credit is given as thc Performance and Maintenance
Security required by section 21 of that Agreement.
Partial drawings are permitted.
The amount of this Lener of Credit shall be reduced from time to time as advised by notice in writing given to
us from time to time by you.
This Letter of Credit will continue up to and including [date of expiry of Letter of Credit[ and will expire on
that date and you may call for payment of the full amount outstanding under this Letter of Credit at any time up
to the close of business on that date. It is a condition of this Letter of Credit that it shall be deemed to be
automatically extended for one year from the present or any future expiration date hereof, unless thirty days
prior to any such date, we shall notify you in writing by registered mail that we elect not to consider this Letter
of Credit renewed for any such additional period.
We hereby covenant with drawers, endorsers, and bona fide holders of drafts drawn under and in accordance
with the terms of this credit that such drafts will be duly honoured if drawn and negotiated on or before [date of
expiry of Letter of Credit].
The drafts drawn under this credit are to be endorsed hereon and shall state on their face that the), are dra~
under [name of bankl, laddress of bankl.
DATED this day of ., 19
Insqructions for completing Letter of Credit:
i. Letter of Credit must be typed on bank letterhead.
2. Information required in square brackets must be provided where indicated, without brackets.
3. Phrases shown in round brackets must be included without brackets where there are two or more compmfies comprising the
4. The date in the sixth paragraph must be at least one year from the date of the Letter of Credit.
5. The date in the seventh paragraph must be the same as the date in the sixth paragraph.
6. Bank signatories must show name, printed or typed, and title, in addition to signature.
2O
SCHEDULE C
DEVELOPMENT CHARGES, ENGINEERING/LEGAL FEES, OTHER RELATED
DEVELOPMENT COSTS
1. DEVELOPMENT CHARGES PAYABLE
(1) Until and including October 7, 1997, the development charges payable under the Town's
Development Charges By-law 3854/91 for dwelling units within this project are $5,502.
(2) From and after October 8, 1997, the development charges payable for dwelling units witkin this
project will be in accordance with the Town's Development Charges By-law in existence at the
date of such payment.
(3) This draft plan of subdivision includes blocks that are designated to be developed in conjunction
with abutting lands. Development Charge payments for the future development blocks in this
draft plan of subdivision will be collected at the time a building permit is issued for the
development of lands incorporating Blocks 18, 19, 20 and 2 i, of this draft plan and the abutting
lands to the south which fee will be payable by the registered owner of the developable lands at
the time of building permit issuance, in accordance with the Town's Development Charge By-
Law in existence at the date of such payment.
2. ENGINEERING DRAWING INSPECTION FEE PAYABLE
Prior to the release for registration of this plan, the Owner shall pay to the Town, the sum of $595, which
represents the amount of the Engineering Drawing Inspection Fee payable for this project.
3. SUBDIVISION AGREEMENT PROCESSING FEE PAYABLE
The Town acknowledges receipt, in full, of the amount of $3,210 [$3,000 plus $210 GST.] which
represents the Subdivision Agreement Processing Fee payable for this Agreement.
5. CONTRIBUTION TO DOWNSTREAM SERVICE COSTS
Prior to the release for registration of this Plan, the Owner herein shall provide to the Town, a certified
cheque payable to Altona West Developments, in the amount of $ , representing this
Owner's contribution to the cost of the acquisition of the Petticoat Creek Storm Water Detention Pond,
together with the necessary easements and rights-of-way for vehicular and pedestrian access thereto
l~om Altona Road.
21
SCHEDULE D
SPECIFIC PROVISIONS I~ESPECTING DEVELOPMENT
1. EXPECTED NUMBER OF DWELLINGS
(1) This Agreement has been entered into with the expectation that 17 dwellings are to be
constructed on the Lands, one each on Lots 1 to 17.
(2) If more or less than 17 dwellings are to be constructed in this project, the Town at its sole
discretion may require the Owner to obtain new approvals and authorizations under this
Agreement and may prohibit any development until the new approvals and authorizations are
obtained.
2. NOISE/VIBRATION ATTENUATION MEASURES AND WARNING CLAUSES
(1) In the development of this project, the Owner shall implement the noise and vibration attenuation
measures recommended in the engineering report entitled Detailed Noise Control Study
Proposed Residential Subdivision, Green Acres Estates, Part Lot 32, Concession l, dated
October 18, i989, prepared by S.S. Wilson and Associates, Professional Engineers.
(2) Upon the completion of the implementation of those measures, the Owner shall provide to the
Town's Director of Planning, a Certificate of Compliance from a Professional Engineer stating
that those noise attenuation measures have been implemented in accordance with that report.
(3) The Owner shall include, in all development agreement and in all agreements of purchase and
sale, the following warn~,ng clauses for the respective Lots:
Lots I and 18
"In order to achieve a suitable indoor noise environment, windows may have to remain closed,
therefore this dwelling unit has been equipped with a central air conditioning system ".
Lots 2 to 6 and 15 to 17
This dwelling is fitted with a forced air heating system and the fan, duct, etc. are sized to
accommodate the installation of a central air conditional system if it is found necessary by the
owner/occupant at any time in the future. If the air conditiong is to be provided at a later date,
the outdoor unit must be located in a noise insensitive location. Noise insensitive locations
would include front and side yars with minimum windows ".
Lots 1 to 6 and 15 to 18
Purchasers/tenant, are advised that despite tl~e inclusion of noise control features within this
development area and within the building units, sound levels from increasing road and train
traffic on ,~ltona Road and CNR may continue to be of concern, occasionally intefering with
some activities of the dwelling occupants as the sound level exceed the Municipality's and the
i~linistry of the Environment's noise criteria ".
(4) The Owner shall indemnify and save harmless the Town,
(a) from any loss, inconvenience or damage which may result from the Owner falling to
comply with any provision of this section; and
(b) against any action or claim made against the Town by any person arising out of the
implementation or non-implementation of the noise and vibration attenuation measures or
out of any failure to inched any required warning clause, or out of the execution of this
Agreement with this section in it.
4. CONSTRUCTION TRAFFIC ACCESS
The Owner shall provide and maintain, to the satisfaction of the Town's Director of Public Works,
appropriate access to the land for construction traffic.
5. FENCING REQUIREMENTS
(1) Prior to the occupancy of the first dwelling unit to be occupied on any of Lots 7 to 13, the Owner
shall erect a permanent galvanized chain link fence 1.8 metres high, having 0.05 metre 9 gauge
mesh, along the rear lot lines of Block 20 and Lots 7 to 12 and along that part of the rear lot line
of Lot 13 that is an extension of the rear lot line of Lot 12.
(2) Despite the provisions of subsection (1), where the occupancy of the first dwelling unit occurs in
November or December of any year, the time limit for the erection of the fence shall be extended
to June 30th of the following year. In the event that the occupancy of the first dwelling unit
occurs during the months of January or February, the time limit for the erection of the fence,
shall be extended to June 30th of that same year.
7. RESERVED FUTURE DEVELOPMENT BLOCKS - BLOCKS 18, 19, 20 AND 21
(1) Blocks 15, 19, 20 and 21 shall be reserved for future residential developments in conjunction
with abutting lands; such development shall not commence without the prior written approval of
the Town which may be subject to conditions including, but not necessarily limited to conditions
respecting the development of the abutting lands.
(2) Until such time as Blocks 18, 19, 20 and 21 are developed, the Owner shall maintain them in a
clean and orderly condition to the satisfaction of the Town.
(3) In the event that Blocks 18, 19, 20 and 21 have not been developed in accordance herewith prior
to the request for the issuance by the Town of the Final Acceptance Certificate, the Owner agrees
to sod and grade Blocks 18, 19, 20 and 21 to the satisfaction of the Town's Director of Public
Works, prior to the issuance of the Final Acceptance Certificate being issued.
8. STORMWATER DRAINAGE AND MANAGEMENT SYSTEM
The parties agree that the stormwater management techniques for this plan of subdivision are consistent
with those approved for the Altona Forest Environmental Policy Area.
9. DEMOLITION OF STRUCTURES
The Owner shall satisfy the Town with respect to the removal, demolition and/or retention of ail
structures on the property prior to the issuance of the first building permit being issued.
10. TEMPORARY TURNING CIRCLE
(1) Notwithstanding the provisions of sections 11, 12 and 13 of this Agreement, the Owner shall
construc.~, at its sole expense and to the Town's specifications, a temporary turning circle on
Street A immediately north of Block 26.
(2) As the temporary turning circle referred to in subsection (1) will be required only if the sequence
of construction in this plan and the adjacent lands wanants it, the Director of Public Works may
waive the construction of the turning circle, at his sole discretion, if that sequence does not
warrant it.
23
11. COblTRIBUTION TO DOWNSTREAM $~ERVIC]~ COSTS
The Owner shall, immediately prior to the registration of the plan, pay to the Town the sum of $
being the portion of the cost of the acquisition and construction of the Petticoat Creek Storm Detention
Pond which benefits the lands in this plan.
12. CONTRIBUTION TO ALTONA ROAD SERVICES
Prior to the registration of the plan, the Owner shall pay to the Town the s~m of $ ., being the
Oyster's contribution to the Town's future cost of providing a sidewalk ($___) and street light upgrading
($ ) on Altona Road (east side) adjacent to the plan of subdivision.
13. ENVIRONMENTAL IMPACT ANALYSIS
The Owner shall implement, at its expense and to the satisfaction of the Town's Director of Planning,
the mitigation measures outlined in the Environment Impact Analysis dated May 1988 and prepared by
Henry Kortekaas and Associates Ltd.
24
SCHEDULE E
SPECIAL PROVISIONS REQUIRED BY THE REGIONAL MUNICIPALITY OF DURHAM
The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in
this Agreement by the conditions of Draft Approval dated January 30, 1990, as amended May 26, 1992 and
further amended June 26, 1992, of Draft Plan 18T-87044 by the Commissioner of Planning of the Regional
Municipality of Durham (the "Approval").
1. MINISTRY OF NATURAL RESOURCES CM.N.R.")
M.N.R. requires that thc Owner,
(1) prior to the initiation of grading and prior to the registration of this plan or any phase thereof, the
Owner shall summit for the review and approval of the Metropolitan Toronto and Region
Conservation Authority:
(a) a detailed engineering and drainage report that describes the stormwater management
techniques which may be required to minimize the amount of storrnwatcr directed into
the drainage system outlined in the Stormwater Management Report for North Altona
Landholdings;
(b) proposed methods for controlling or minimizing erosion and siltation on site and/or in thc
downstream areas during and after construction;
(c) location and description of all outlets and other facilities which may require permits; and
(d) overall grading plans for thc subject lands.
(2) prior to final registration of the plan of subdivision, or any on-site grading, the Ministry of
Natural Resources must have reviewed and accepted the following plans and reports describing:
(a) the manner in which stormwater will be conveyed from the site, including any stormwater
management techniques that may be required, in accordance with the provincial "Urban
Drainage Design Guidelines", April, 1987, and "Interim Stormwater Quality Control
Guidelines for New Development", May, 1991;
(b) the impact of this development and the proposed stormwater management techniques, on
the quality and quantity of ground and surface water resources as it relates to fish and
their habitat;
(c) the means whereby erosivn and sedimentation and their effects will be minimized on the
site during and atter construction, in accordance with the provincial "Guidelines on
Erosion and Sediment Control for Urban Construction Sites", May 1987, and "Technical
Guidelines: Erosion and Sediment Control", February 1989;
(d) an erosion and sediment control plan for the development site prepared by and stamped
by a registered professional engineer shall be submitted to the Ministry of Natural
Resources. The plan must outline all actions to be taken to prevent an increase in the
concentration of suspended solids in any waterbody as a result of on-site or other related
works. It is noted that any increase in concentration of suspended solids or sediment
loading may be a violation of the Canada Fisheries Act. If warranted, charges under this
act may be applied to the proponent and their agents;
(e) site soil conditions, including groin size distribution profiles, and infiltration
characteristics; and
(f) site grading plans.
(3) ensures that this plan be subject to redline revisions to accommodate atonnwater managen;ent
facilities, if required, as a result of the requirements of Condition 20.
(4) ensures that sufficient lands for stormwater management facilities, if required, as a result of the
reports prepared in Condition 20, shall be set aside and be placed in an appropriate zoning
category to the satisfaction of the Ministry of Natural Resources;
(5) shall submit an application and detailed plans regarding any alterations to ~e watercourse under
the Lakes and Rivers Improvement Act for review and approval by the Ministry of Natural
Resources;
(6) shall obtain an amendment to the municipality's comprehensive Zoning By-law that would place
Block 22 in an appropriate Open Space or Hazard Land category to provide for the Altona Forest
and the associated lands relevant to the plan to be maintained in a naturally vegetated,
undisturbed state;
(7) prior to the initiation of grading, or construction within this draft plan of subdivision, a snow
fence barrier fronted by straw bales or, where appropriate, geotexti!e fabric, be erected at a nine
metre setback along the rear of Block 20 and Lots 7 through 13. Disposal of fill or disturbance
of vegetation shall not occur beyond this barrier during the entire construction period.
(8) agrees to maintain all stormwater management and erosion and sedimentation control structures
operating and in good repair during the construction period, in a manner satisfactory to the
Ministry of Natural Resources.
(9) agrees to advise the Ministry of Natural Resources 48 hours prior to commencement of grading
or the initiation of any on-site works.
(10) agrees that prior to the initiation of any grading or constr~.~ction, to erect a temporary snow fence
or other suitable barrier along the boundary between the residential lots and the abutting lands to
the east, to the satisfaction of the Metropolitan Toronto and Region Conservation Authority and
the Ministry of Natural Resources. Said barrier shall remain in place until all construction and
grading on the site have been completed.
2. METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY ("M.T.R.C.A.")
M.T.R.C.A. requires that the Owner,
(1) prior to the initiation of grading and prior to ~ e registration of this plan or any phase thereof, the
Owner shall submit for the review and approval of the Metropolitan Toronto and Region
Conservation Authority:
(a) a detailed engineering and drainage report that describes the stormwater management
techniques which may be required to minimize the amount of stormwater directed into
the drainage system outlined in the Stormwater Management Report for North Altona
Landholdings;
(b) proposed methods for controlling or minimizing erosion and siltation on site and/or in the
downstream areas during and after construction;
(c) location and description of all outlets and other facilities which may require permits; and
(d) overall grading plans for the subject lands.
(2) shall obtain an amendment to the municipality's comprehensive Zoning By-law that would place
Block 22 in an appropriate Open Space or Hazard Land category to provide for the Altona Forest
and the associated lands relevant to the plan to b~ maintained in a naturally vegetated,
undisturbed state;
26
(3) agrees to not place fill, grade, nor construct any buildings or structure without prior written
approval being given by the Metropolitan Toronto, and Region Conservation Authority.
(4) agrees that prior to the initiation of any grading or construction, to erect a temporary snow fence
or other suitable barrier along the boundary between the residential lots and the abutting lands to
the east, to the satisfaction of the Metropolitan Toronto and Region Conservation Authority and
the Ministry of Natural Resources. Said barrier shall remain in place until all construction and
grading on the site have b~n completed.
3. MINISTRY OF ENVIRONMENT AND ENERGY ("M.O.E.E.")
M.O.E.E. requires that the Owner, prior to final approval of this plan, the Owner shall submit to the
Ministry of the Environment and the Region of Durham, for review and approval, a detailed noise report
prepared by a professional engineer recommending noise control features satisfactory to the Ministry of
the Environment and the Region of Durham.
4. CANADIAN NATIONAL RAILWAY ("C.N.R.')
C.N.R. requires that the Owner, agrees to have registered on title the following clause for each lot:
"Owners are warned of the e×i tence of Canadian National Railway's operated right-of-way; the
possibility of alterations to or an expansion of its rail facilities thereon in the future, including the
possibility that the Railway may expand its operations, which expansion may affect the living
environment of the residents, notwithstanding the inclusion of noise and vibration attenuating
measures in the design of the subdivisions and individual units, and that the Railway will not be
responsible for complaints or claims arising from the Railway~s use of its facilities and/or
operations."
27
(4)
(S) DeKHp~n Th~s ~s a~ Pro~y Pro~y
Division
AOditmnal
Schedule
(6) ~ (a) R~ription ~ (b) Sch~ute tor' I (7) Inle~Es~le
~menl N~ ~ment ~ A~dl~l J F~ Sim~
r(B) T~s~ro~s) The transferor hereby tra~f~ the land to the transfer~ and ce~ifi~ that the transferor is at I~st e~ght~n years old a~ that
Date of Signature
.............................................................................. Y M D
~(s) S~g~ture(s)
'(9) S~) of Transferors) I ~r~y con~n~ Io ln~s tran~cho~
Date of S~gnature
Na~(s) S~gq~ure(s) Y M D
(10) Tr~sf~s) A~r~ '
B~ Taylor, Cl~k
(12) Trmif~s) Addm~ '
I (13) TmnMero;(a) T~ tr~sf~or venf~ that to the ~t ~ the transfer~'s k~ a~ ~l~f= th~s transfer d~
I Date of S~g~ture Date of S~gnatur~
I Y M D; Y M
J ' , ~ ~ : Signature ,
~J~rmme ~ th~s transf~ d~ ~t contrav~e tha~ ~on and ~ on t~ m~rmabon suppli~ by ~e transferor, ;o the ~st of my k~ge a~
Z J ~, ~ tr~er ~ ~t contrav~e that ~t~n I am an Onlar~ ~c~ ~n g~ st~di~ Date of Sig~tum
his transler
of Sig~tu~
M O
Sign~u~e ........................... ~ ........ ~ ....
~Addllloflld IIIl,~l~,~y Idl~llfll~l) IIl~l/QI' OIhlN' Info~ ' ~-'
(7) INTEREST/ESTATE TI~tNSFERRED
Subject to the following terms and conditions, the free, uninterrupted and unobstructed right
and easement to lay, construct, operate, maintain, inspect, alter, repai~, replace, reconstruct and
remove storm drainage works together with appurtenances thereto (herein called the "works"),
in, over, along, across, npon and under the land described in Box 5 (herein called the "lands"),
and to drain storm water in, over, along, across, upon and under the lands, together with the
right to the Transferee, its servants, agents and contractors with all necessary vehicles, supplies
and equipment to enter onto the lands and pass and repass over the lands for the purpose of
exercising or enjoying any of the rights granted herein.
The terms and conditions which the parties hereto covenant and agree to observe and be bound
by are ns follows:
1. The Transferee shall, except in case of emergency, before commencing any work
autborizea hereby, give to the Transferor forty-eight hours previous written notice
thereof, and in cases of emergeney such previous notice thereof as is reasonably possible.
2. Upon completion of any work, the Transferee shall fiH in all excavations, restore fences,
and restore the surface of the ground by restoring all topsoil and grass cover disturbed
thereby, and do necessary grading to ensure soil and slope stability, and remove nil
equipment.
3. The Transferor shall not erect any building or structure (except a fence) on the lands, and
shall not place or remove any fill on or from any pa~ of the lands without the previous
written consent of the Transferee.
4. The right and easement granted herein shall be subject to all leases, licences, and any
rights of use or occupation existing at the date hereof, and the Transt~ror may from tbne
to time renew or extend these or make new ones, so long as they do not interfere
um'casonably with the right and casement herein granled.
5. 'l"ne Transferor hercby releases the Transferee from any claim which may arise out of thc
exercise by thc Transferee of the right and easement granted hereb.~ c~i ~,hich may arise
out of the existence of the storm water or the existence, operation or ,:~:>operation of the
strum drainage works provided the Transferee has complied with all of the terms and
conditions herein.
6. The Transferor shall execute such further assurances of the right and easement granted
hereby as the Transferee may reasonably request in writing.
7. The burden of this Transfer and of aH the terms and conditions contained herein shall run
with the lands.
8. This Transfer and all of the terms and conditions contained herein shall enure to the
benefit of and be binding upon the Transferor and the Transferee and their respective
heh's, executors, administrators, successors and assigns.
LAND BENEFI'ITED (DOMINANT TENEMENT)
9. The benefit of this Transfer and all of the terms and conditions contained t~ein shall mn
with all other lands and interests in lands owned, occupied or used by the Transferee for
the propose of operating and maintaining storm drainage works.
orlil~