HomeMy WebLinkAboutBy-law 4808/96 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO, 4808/96
Being a by-law to authorize the execution of a
Subdivision Agreement and related documentation
respecting the development of Part Lot 31, Concession 1;
Pickering [Bramalea Limited - 18T-88074 (Phase 4)].
WHEREAS, the proposal to subdivide and register a plan of subdivision (in several phases) of part of
Lot 31, Concession 1; part of Lot 4, Plan 505; and all of Lots 5 and 6, Plan 505, Picketing, has been
approved by the Ontario Municipal Board as Draft Plan 18%88074, subject to several conditions, one of
which requires the entering into of a satisfactory Subdivision Agreement for each phase thereof with The
Corporation of the Town of Pickering, 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 Pickering HEREBY ENACTS AS
FOLLOWS:
1. (a) The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement
substantially in accordance with the form attached hereto as Schedule A, between
Woodsmere Properties Limited and The Corporation of the Town of Pickering, respecting
the development of part of Lot 31, Concession 1; being Phase 4 of Draft Plan 18T-88074.
(b) The Corporation of the Town of Pickering 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 set out therein.
2. 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 the nature of storm drainage works easements in the land comprising
Draft Plan 18T-88074.
BY-LAW read a first, second and third time and finally passed this 24th day of June, 1996.
TOWN OF ~
PfCKERING ~ Bruce Taylor, Clerk
AS
THIS SUBDIVISION AGREEMENT made June 24, 1996 pursuant to the provisions of section 51 of the Planning
Act, R.S.O. 1990, chapter P.13,
BETWEEN:
WOODSMERE PROPERTIES LIMITED
herein called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to subdivide part of Lot 31, 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-88074, (Phase 4), 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 ,~ct, R.S.O.
1990, chapter P.13;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the 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 138, both inclusive, Plan 40M- ,
Picketing.
2. STATUS OF THIS AGREEMENT
(1) In the event the plan of subdivision is not registered on or before February 24, 1997, 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 for 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.
(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 enforceable by and against the Parties hereto, their heirs, executors, administrators,
successors and assigns, and the Agreement and all the covenants by the Owner contained herein 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) Any notice required to be given hereunder may be given by personal delivery or registered mail,
(a) in the case of the Owner, to
Garnet Watchorn, President
Woodsmere Properties Limited
c/o Graywood Developments Ltd.
Box 370
370 King Street West, Suite 500
Toronto, Ontario
MSV 1J3
and
(b) in the case of the Town, to
The Town Clerk
The Corporation of the Town of Pickering
Picketing Civic Complex
One The Esplanade
Pickering, 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.
The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, 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. ~ P
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 TOWN'S SERVICES
9. CONSULTING ENGINEERS
(1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out
all 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 project, 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 Town, 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 with 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 Towh 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 remove and replace a temporary turning circle;
(i) walkways on walkway blocks and park entrances, complete with walkway fencing and
lighting; and
(j) other fencing, including,
(i) fencing adjacent to commemial 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 Owner's Consulting Engineer and under
the observation of the Town's inspectors or, in the case of street lighting, Pickering 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 burn nor permit to be burned any refuse or debris within the project or adjacent
to it.
(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 the 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, the 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 SERVIGF.,$
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.
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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 after 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 surface 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 construct 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 of the 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, where 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 written
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 Town 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 required by this Agreement;
(d) conveyance of good title, free and clear of all encumbrances, to the Town, of all necessary
Easements and Transfers of interests in lands lying outside of the Lands as identified in Schedule 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 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 mud, 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 the 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 requiring
such work in the opinion of the Town's Director of Public Works or his designate.
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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 Commence 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;
(j)(i) other fencing adjacent to,
A parks, open space and storm water management facilities - prior to the occupancy of
any dwelling adjacent thereto;
B commercial sites and school sites - one year from 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)(O(i) and (1)O)(i)C, where the occupancy of the first
dwelling unit occurs in November or December of any year, the time limit for construction of the
adjacent boulevard, sidewalk or fencing segment shall be extended to June 30 in the following year.
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
7
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.
(3) The cost of rectifying 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 corners, 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 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.
(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.
(7) If upon the re-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
performance and maintenance security for the purpose of,
(a) guaranteeing the satisfactory construction, installation or performance of the Works;
(b) guaranteeing the payment of any amounts payable to the Town under this Agreement;
(c) guaranteeing the payment of any amount that the Town may 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 the maintenance period and any
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 performed, and paid for, apply for a reduction in the security and such application shall
be made to the Town Treasurer.
(3) Upon written verification from the 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 declaration of substantial
performance has been made;
(b) 35 per cent of the original value where,
(i) a certificate or declaration of substantial performance 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 where,
(i) a certificate of final completion has been made by the Owner's Consulting Engineer;
(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 security 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 Town's Director of Public Works has issued the Final Acceptance Certificate for the Works, the
Owner shall indemnify the Town against all actions, causes of actions, suits, claims and demands
whatsoever, which may arise either directly or indirectly by reason of the Owner undertaking the project or
servicing the Lands as required under this Agreement.
23. OCCUPATIONAL HEALTH AND SAFETY
(1) The Owner certifies that it is aware of its duties and obligations under the Occupational Health and
Safety Act, or any successor thereto, and all Regulations thereunder (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 knowledge 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 services 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 employees, contractors, subcontractors and their employees under the Act.
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(6) In addition to the Owner's general indemnification of the Town pursuant to section 22, above, the
Owner shall indemnify and save harmless the Town,
(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 performance 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 unsafe 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 will 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 for property damage and
personal liability;
(b) it shall not contain a clause for exclusion for 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) The policy premium must be paid initially for 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 relieve 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 the 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
11
(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 for 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 permit for 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 amhitectural
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) stre~scape;
(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.
12
PART 4 - FINANCIAL MATTERS
28. EXPIRY OF SECURITII~$
(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 Town.
(2) At the end of the maintenance period, as extended during any rectification period, the Owner shall
file with the Town a Statutory Declaration stating that,
(a) all 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 for work or service performed 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 has 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.
31. PAYMENT OF REALTY AND BUSINESS TAXES / LOCAL IMPROVEMENT CHARGES
(1) The Owner shall pay in full as they come due all realty and business tax,es 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.
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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 respecting the following services:
(a) administrative services - town offices;
(b) administrative services - capital growth studies;
(c) protection - fire facilities;
(d) protection - fire vehicles and equipment;
(e) storm drainage, roads, sidewalks, storm sewers, lighting and other services;
(f) transportation - works yards, vehicles and equipment;
(g) transportation - transit;
(h) parks - parkland acquisition;
(i) parks - parkland development;
O) major recreational facilities - major indoor recreational facilities;
(k) library - library facilities;
(1) library - library materials; and
(m) electrical distribution services and facilities.
(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 for 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. LEGAL AND REGISTRATION FEES
(1) Prior to the release for registration of this plan, the Owner shall pay by certified 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 Town 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 - TRANSFERS AND REGISTRATIONS
34. TRANSFERS OF LANDS OR INTERESTS 1N LANDS OR 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 all 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 Town from lawfully or physically using the lands
for the purposes for which they are being conveyed as set out in Schedule A.
(3) Where none of the lands identified in Schedule A are to be conveyed for parkland purposes, the
Owner shall pay to the Town, before this Agreement will be executed by the Town, an amount
calculated in accordance with the provisions of Schedule A in lieu of a parkland conveyance.
14
(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 for the Land Titles
Division of Durham (No. 40).
(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 Town 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 notice 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.
15
1N WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to by
the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
WOODSMERE PROPERTIES LIMITED
Garnet Watchorn, President
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
ENCUMBRANCER - BANK OF NOVA SCOTIA
The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this
Agreement shall take effect as though 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 ,1996.
SIGNED, SEALED AND DELIVERED
BANK OF NOVA SCOTIA
C. Milne, Senior Management Real Estate
B. J. Fox, AGM & Centre
16
SCHEDULE A
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 139 Walkway Fee Simple
Block 140 Parkland Fee Simple
Blocks 142 and 143 Road Widenings Fee Simple
(Rosebank Road)
Blocks 144, 145, 146, 147 Reserves Fee Simple
Any other portion of the lands Storm drainage works Easement
determined by the Town'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
The Town shall accept the conveyance of Block 140, free and clear of all encumbrances, in full satisfaction
of the Owner's obligation to provide parkland for this phase.
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 1 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 plan, and the provisions 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 easements 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 subsections (2) and
(3) will apply.
17
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 following 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 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 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 any 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, licences, 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 easement
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 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 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 Transferee 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 or used by the Transferee for the purpose of
operating and maintaining storm drainage works.
18
REQUIRED FORM FOR PERFORMANCE AND MAINTENANCE SECURITY LETTER OF CREDIT
(Section 2 l)
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 bankl, [address of bank[, for account of [name of company or
companies obtaining security] up to an aggregate amount of [amount of security in figures and in full] available
by drafts at sight for 100% of demand as follows:
Pursuant to the request of our customers(s), the said [name of company or companies obtaining security], we
[name of bank], [address of bank], hereby 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 customer(s or any of them).
Provided, however, that you are to deliver to [name of bank], [address of bank], at such time as a written demand
for payment is made upon us a certificate signed by you agreeing or confirming that monies drawn pursuant to this
Letter of Credit are payable to you or are to be or have been expended pursuant to obligations incurred or to be
incurred by you with reference to your file regarding a Subdivision Agreement dated [date of Agreement], between
[name of signatories to Agreement, other than Town and Encumbrancer(s)] and The Corporation of the Town
of Picketing; this Letter of Credit is given as the Performance and Maintenance Security required by section 21 of
that Agreement.
Partial drawings are permitted.
The amount of this Letter 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 they are drawn under
[name of bank], ]address of bank].
DATED this . day of ,19
Instructions for completing Letter of Credit:
1. 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 companies
comprising the customer.
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.
19
DEVELOPMENT CHARGES, ENGINEERING AND LEGAL FEES
(Sections 32 and 33)
1. DEVELOPMENT CHARGES PAYABLE
(1) Until and including October 7, 1996, the development charges payable under the Town's
Development Charges By-law 3854/91 for dwelling units within this project are $5,380.
(2) From and after October 8, 1996, the development charges payable for dwelling units within this
project will be in accordance with the Town's Development Charges By-law in existence at the date
of such payment.
2. ENGINEERING DRAWING INSPECTION FEE PAYABLE
The amount of the Engineering Drawing Inspection Fee payable for this project is $4,830.
3. SUBDIVISION AGREEMENT PROCESSING FEE PAYABLE
The amount of the Subdivision Agreement Processing Fee payable for this Agreement is $2,675 [$2,500
plus $175 GST.]
20
SPECIFIC PROVISIONS RESPECTING DEVELOPMENT
(Section 27)
1. t~PECTED NUMBER OF DWELLINGS
(1) This Agreement has been entered into in the expectation that 138 dwellings are to be constructed on
the Lands, one each on Lots 1 to 138.
(2) If more or less than 138 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. REGISTRATION OF PHASES 4 AND 5. DRAFT PLAN 18T-88074
The Owner acknowledges and agrees that this Phase 4 shall be registered prior to the registration of Phase 5
of Draft Plan 18T-88074.
3. 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 the Noise Feasibility Impact Report,
Highbush Subdivision, dated January 31, 1994, as revised September 2, 1994, prepared by .I.E.
Coulter Associates Limited, 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 agreements of purchase and sale respecting Lot 1 the following
waming clause:
"Purchasers are advised that despite the inclusion of noise control features in this development area
and within the building units, noise levels from increasing rail and/or road traffic may continue to be
of concern, occasionally interfering with some activities of the dwelling occupants as the noise level
exceeds the municipality's and the Ministry of the Environment and Energy's noise criteria."
"This dwelling unit was fitted with a forced air heating system and the ducting, etc. sized to
accommodate central air conditioning unit. (Note: locate air cooled condenser unit in a noise
insensitive area. ".)
(4) The Owner shall indemnify and save harmless the Town,
(a) from any loss, inconvenience or damage which may result from the Owner failing 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. ROSEBANK ROAD RECONSTRUCTION COST-SHARING
(1) Without limiting the generality of section 10 of this Agreement, the Owner shall include among the
works and services to be constructed and installed by it under this Agreement, the following:
21
(a) a roadway (complete with all signs and other appurtenances) and having a total travelled width
of 13.5 metres; curbs and gutters; catch basins; a sidewalk (complete with barricades);
boulevard excavation, grading and sodding; driveway entrances; and the relocation, addition or
removal of storm sewer service connections, all adjacent to that part of Rosebank Road
between Amberlea Road (South Limit 40M-1651) and Highview Road (North limit of 40M-
1809), Pickering.
(2) Despite the provisions of section 8 of this Agreement, the Town shall pay to the Owner all of
the Owner's reasonable costs,
(a) up to a maximum amount of $141,000.00 of the design, construction and installation of the
roadway, curbs and gutters, sidewalk and boulevard excavation, grading and sodding
referred to in paragraph (l)(a) of this section, within thirty days of receiving the Owner's
invoices therefor supported by appropriate progress certificates, certifications and
declarations.
(3) Without limiting the generality of section 10 of this Agreement, the Owner shall include among the
works and services to be constructed and installed by it under this Agreement, the following:
(a) a roadway (complete with all signs and other appurtenances) and having a total travelled width
of 13.5 metres; including storm sewer, curbs and gutters; catch basins; a sidewalk on east side
(complete with barricades); boulevard excavation, grading and sodding; driveway entrances;
and the relocation, addition or removal of storm sewer service connections all adjacent to that
part of Rosebank Road between the north limit of Plan 40M-1795 to the south limit of Plan -
40M- 1809.
(4) Despite the provisions of section 8 of this Agreement, the Town shall pay to the Owner all of the
Owner's reasonable costs,
(a) up to a maximum amount of $238,000.00, of the design, construction and installation of the
roadway, curbs and gutters, sidewalk on east side and boulevard excavation, grading and
sodding, referred to in paragraph (3)(a) of this section within thirty days of receiving the
Owner's invoices therefor supported by appropriate progress certificates, certifications and
declarations.
5. 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.
6. RESERVED FUTURE DEVELOPMENT - BLOCK 141
(1) Block 141 shall be reserved for future development; such development shall not commence without
servicing availability from the adjacent lands to the south and the prior written approval of the
Town, which may be subject to conditions,
(2) Until such time as Block 141 is developed in accordance herewith, the Owner shall maintain it in a
clean and orderly condition to the satisfaction of the Town.
7. ORDER BY ONTARIO MUNICIPAL BOARD RELATING TO FUTURE DEVELOPMENT BLOCK 141
(I) The Owner acknowledges that the Ontario Municipal Board approved O.P.A. No. 79 and its related
Zoning By-Law on May 27, 1994 regarding the development of the public school site Block 141, as
contained in this plan of subdivision.
(2) The Owner further acknowledges and agrees to be bound by the terms and conditions set out in (3)-
(7) below identified in the Memorandum of Understanding entered into by its Predecessor Bramalea
Inc., the Town, Victor Rudik, Patricia Rudik and Robert Gordon, as amended by an Agreement
dated November 9, 1994, between those parties:
22
"(3) Tree cutting on the public school site in Draft Plan 18T-88074 shall be controlled through the
Subdivision Agreement between the Town and Bramalea Limited in such a way that either,
(a) no trees shall be cut until the site is required for school construction (presently estimated by
the Durham Board of Education to be 1998), or
(b) the sit is clear-cut at the same time as the adjacent park, site and graded, seeded (or otherwise
re-vegetated) and maintained in the same manner as and at the same time as the adjacent
park site.
so that the public school site is not left in an unsightly condition.
(4) Alternative uses permitted in the implementing zoning by-law for the public school site in Draft Plan
18T-88074 shall be limited to,
(a) public park;
(b) low density II single family detached residential uses fronting Rosebank Road; and
(c) other otherwise appropriate residential uses elsewhere on the site
(5) The Town shall endeavour to ensure that Bramalea Limited uses its best efforts to require that all
construction traffic entering or leaving the separate school site or the public school site in Draft Plan
18T-88074 uses the Stroud's Lane extension or the Charnwood Court extension and not Rosebank
Road.
(6) The Town shall endeavour to ensure that,
(a) fencing and landscaping on Rosebank Road adjacent to each of the separate school site and
the public school site in Draft Plan 18%88074 is completed at the same time as each of the
schools is completed; and
(b) street lighting and a sidewalk on Rosebank Road adjacent to separate school site and the
public school site in Draft Plan 18T-88074 are completed at the same time as the first school
is completed.
(7) (a) The Town shall re-establish the western property line of the Rudik and Gordon properties
adjacent to Rosebank Road and provide to Rudik and Gordon at least six months in advance
of scheduled construction a detailed plan and specifications, prepared in consultation with a
landscape architect indicating the proposed location of any sidewalk to be constructed and
trees to be retained on the east side of Rosebank Road.
(b) In formulating that plan and those specifications and in installing any sidewalk thereunder,
the Town shall endeavour, through the on-site supervision of a landscape architect and
consultation with Rudik and Gordon, to minimize the destruction or removal of trees to be
retained according to the plan."
8. CONSTRUCTION MANAGEMENT REPORT
The Owner shall submit a Construction Management Report to the satisfaction of the Town,
outlining site management measures to be undertaken during construction.
23
SPECIAL PROVISIONS REQUIRED BY THE ONTARIO MUNICIPAL BOARD
Thc section 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 Draft Plan 18T-88074 (Phase 4) by the Ontario Municipal Board in
its decision respecting its file S910018 (the "Approval").
1. MINISTRY OF NATURAL RESOURCES ("M.N.R.")
M.N.R. requires that the Owner,
(a) Demonstrate compliance with the reports entitled "Hydrology and Hydraulics Update for Main
Petticoat Creek - Stage 1 Study of Comprehensive Stormwater Management for Altona Forest
Area", February 1994 and "Stormwater Management Study - Stage 2 Study of Comprehensive
Stormwater Management Strategy for Altona Forest Area", February 1994, prepared by Cosbum
Patterson, Wardman Limited, including compliance with all erosion and sediment control strategies,
to the satisfaction of the Town, the Ministry of Natural Resources (MNR) and the Metropolitan
Toronto and Region Conservation Authority (MTRCA).
(b) Satisfy the M.N.R. as to the following:
(1) the detailed design of all stormwater management facilities, techniques and grading shall be
in accordance with the design principles established in the "Stormwater Management Study -
Stage 2 Study of Comprehensive Stormwater Management Strategy for Altona Forest Area"
prepared by Cosburn Patterson Wardman Limited, dated February 1994,
(2) 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. A comprehensive hydrogeological investigation must be able to demonstrate that
this development will not have a negative effect on fisheries resources;
(3) that the pre-development hydrologic conditions will be reproduced, applying necessary
mitigative technology;
(4) that on-site stormwater retention will be maximized through infiltration practices and siting
considerations that are sensitive to the natural topography, microdrainage patterns and
natural depression and that proposed management facilities will be designed to capture the
"first flush", and maintain the recharge and baseflow contribution characteristics of the site.
Quality and quantity stormwater management during and post development must be to a
standard acceptable to the M.N.R;
(5) the means whereby erosion and sedimentation and their effects will be minimized on the site
during and after construction, in accordance with the provincial "Guidelines on Erosion and
Sediment Control for Urban Construction Sites", May 1987, including the submission of an
erosion and sediment control plan for the development site prepared and stamped by a
registered pr~>fessional engineer and submitted to the District Manager, M.N.R., Maple for
their records, such plan to 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 the other related
works, recognizing that any increase in concentrations of suspended soils or sediment
loading may be a violation of the Canada Fisheries Act, and that if warranted, charges under
this Act may be applied to the proponent and their agents. Temporary Ponds for sediment
control shall be capable of accommodating 125 cubic metres per hectare of contributing
drainage for a period of not less than 12 hours or removing particle sizes down to 40
microns;
(6) site soil conditions, including grain size distribution profiles; and infiltration characteristics;
(7) site grading plans;
(8) accommodation for stormwater management facilities, including any redline revisions to the
plan, if required;
(9) the submission of detailed plans relating to any proposed alterations to a watercourse,
requiring application under the Lakes and Rivers Improvement Act for review and approval
by the M.N.R.. Three copies of this information should be submitted;
(10) where reasonable, possible and appropriate, the removal of all merchantable timber by an
operator agreed to by the Owner and the M.N.R., for use for commercial purposes;
(11) that the Owner carry out any stormwater management and erosion and sedimentation works
required by the M.N.R. and to maintain all such structures is good repair during
construction, in a manner satisfactory to the MNR;
(12) that the Owner will advise the M.N.R. 48 hours prior to commencement of grading or the
initiation of any on-site works;
(13) That the Owner demonstrate compliance with the recommendations contained in the
"Stormwater Management Brief- Separate School Site in the Bramalea Highbush
Subdivision", prepared by Cosbum, Patterson, Wardman Limited, dated February 1994, to
the satisfaction of the Town, the M.N.R., and the MTRCA;
2. METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY ("M.T.R.C.A.")
(a) The owner shall demonstrate compliance with the reports entitled "Hydrology and Hydraulics
Update for Main Petticoat Creek - Stage 1 Study of Comprehensive Stormwater Management for
Altona Forest Area", February 1994 and "Stormwater Management Study - Stage 2 Study of
Comprehensive Stormwater Management Strategy for Altona Forest Area", February 1994, prepared
by Cosburn Patterson, Wardman Limited, including compliance with all erosion and sediment
control strategies, to the satisfaction of the Town, the Ministry of Natural Resources (MNR) and the
Metropolitan Toronto and Region Conservation Authority (MTRCA).
(b) The Owner shall satisfy the Town and the MTRCA respecting any changes to the Town
Recommended Plan resulting from a redesign of the stormwater management pond.
(c) The Owner shall submit to the Town and the MTRCA for approval the final engineering
construction drawings for the Stroud's Lane crossing of the Rosebank tributary, such drawings to be
substantially in accordance with the drawings contained in the witness statement of Robert Webb,
Marshall, Macklin, Monaghan, dated February 1994.
(d) The Owner shall prepare and submit a Grading Control Plan and any other drawings information
required to the satisfaction of the Town and the MTRCA with special emphasis on minimizing for
grading adjacent to the valley lands and the Forest Preserve.
(e) The Owner shall satisfy the MTRCA as to the following:
(1) that the Owner has obtained all necessary fill and water-crossing permits from the MTRCA,
as required to register the plan or any phase thereof;
(2) that prior to the registration of the final phase of the plan of subdivision, the Owner shall
convey the +/- 2.99 hectare Open Space Block (Block 540) to the MTRCA for open space
purposes.
(3) that prior to initiating grading or construction, and in any event, within twelve months of
draft approval of the plan of subdivision, the Owner shall construct a permanent chain link
fence in accordance with MTRCA specifications along the entire length of the property
where the property abuts the Forest Preserve, and the Valley lands, including the provision of
glaze, except where the property abuts the future Stroud's Lane road right-of-way, in which
case, a farm fence will be considered, all to the satisfaction of the MTRCA and the Town.
Such construction will be undertaken substantially in accordance with the "Edge
Management Plan" referred to in Condition (e) (4);
(4) that the Owner prepare an Edge Management Report to the satisfaction of the MTRCA; and
25
(5) that the Owner demonstrate compliance with the recommendations of the "Slope Stability
Investigation at the Highbush Subdivision, Town of Picketing" prepared by Marshall,
Macklin, Monaghan Limited, dated January 1994;
(6) That the Owner demonstrate compliance with the recommendations contained in the
"Stormwater Management Brief- Separate School Site in the Bramalea Highbush
Subdivision", prepared by Cosburn, Patterson, Wardman Limited, dated February 1994, to
the satisfaction of the Town, the Ministry of Natural Resources, and the MTRCA;
(7) Prior to initiating grading or construction, the Owner shall construct a permanent chain link
fence in accordance with MTRCA specifications along the entire length of the westerly
development limit of property, immediately adjacent to the Forest Preserve, all to the
satisfaction of the MTRCA and the Town, and substantially in accordance with the "Edge
Management Plan";
(8) The Owner shall obtain all required permits for fill and watercourse improvements as
required by the MTRCA;
(f) (1) Any revisions to the plan resulting from the incorporation of the remnant tableland into
Bramalea's plan of subdivision will be to the satisfaction of the Town and the MTRCA.
(a) The Owner shall submit a drainage report to the satisfaction of Canadian National Railway (CNR) to
address any proposed alterations to the existing drainage patterns affecting railway property.
(b) The Owner shall submit to the CNR a report which evaluates the ground vibration transmission that
may impact the proposed dwellings on the site, and which proposes measures to attenuate vibration
to acceptable levels, if required.
(c) The Owner shall submit a final noise impact report to the CNR to outline the noise attenuation
measures required to satisfy CNR's requirements.
(d) The Owner shall install a minimum 1.83m chain link fence along the mutual property of Block 535
of the draft plan and the CN property where a noise attenuation fence is not required.
(e) The following clause shall be inserted in all offers to sell, any agreements of purchase and sale or
lease, relating to the sale by Owner of all lots abutting the CNR property:
"Warning: Canadian National Railway Company or its assigns or successors in interest has
or have rights of way within 300 metres from the land which is the subject hereof. There
may be alterations to or expansions of the railway facilities on such rights of way in the
future, including the possibility that the railway or its assigns or successors, may expand its
operations, which expansion may affect the living environment of the residents in the
vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the
design of the development and in individual dwellings. CNR will not be responsible for any
complaints or claims arising from the use of such facilities and/or operations on, over or
under the aforesaid rights of way."
(f) The Owner will enter into an agreement with CN substantially in the form filed with the Board on
March 28, 1994 as Exhibits "10" of OMB File No. 0 930196, and lodged under OMB file S910018,
to address CN's concerns, which agreement the Owner will make its best efforts to have registered
on title to the lots created by the plan of subdivision abutting CN's property.
(g) The Owner shall satisfy the Town with respect to the aesthetic details and design of any noise
attenuation fencing or measures required along CN Rail line.
26
~otPr°vlnce Transfer/Deed of Land
.. Ontario Form I -- Land Ragletratlon Reform Act
(1) Reglatn/ [] Lind Titles [] T(2) Page 1 of pages
(3) Property Block Property
see [-
(4) Conalde~at Ion
Dollars $
(5) Description Th*s is a Property Property
Division [] Consolidation []
New Property Identifiers
Additional:
Schedule [~
Executions
Additional
See
Schedule []
(6) This (a) Redescription ~(b) Schedule for: (7) Interest/Estate Transferred
Document New Easement Additional Fee Simple
Contains Plan/Sketch [] Description [] Parties [] Other [] Eas(~Ti~3.t
>(8) Transleror(s) '
The transferor hereby transfers the land to the transferee and certifies that the transferor *s at least eighteen years old and that
Date of Signature
Name(s) Signature(s)
;
>(9) Spouse(s) of Transferor(s) I hereby consent to Ibis transachon Date of S~gnature
Name(s) S~gnature(s) Y M D
(10) Transferor(s) Address
lot Service
>(11) Transferee(s) Date of Birth
Y M D
THE CORPORATION OF THE
Wayne Arthurs, ~yor
TCWN OF PICKERING
Bruce Taylor, Clerk i
(t2) ?,ansferee(s) Address
to, Sen, ice Pickerin~ Civic Centret One The Esplanade~ Pickerinq~ Ontario L1V 6K7
> (13) Transferor(a) The transferor verihes that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act
Date of Signature Date of Signature
Y M D Y M D
~ Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
~ determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and
ZI belief, this transfer does not contravene that section I am an Ontario solicitor in good standing Date of Signature
_01 Name and I Y ,, M : D
I
Address of ~. . !
?lSolicitor ::,,gnature................,....................,...~
~ I ~ {14} Solicitor for Transferee(s) ~ have investigated the title to ihs land and to abutting land where relevant and I am satisfied that the bile records
'~ ~ ~ reveal no contravention as set out ~n subclause 50 22 c ii of the Plannrng Act and that to the best of my knowledge and behef th~s transfer
~1~ ~ does not contravene section 50 of the Planning Act I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor ~n good standing
I '~ Addres~ of Y . M D
_~ Solicitor [ ::
I ~o Signature ........................... i ...... ; .... I..
(15) Aese~lmenl Roll Number i Cry ! Mun i Map Sub Par Fees and Tax
Of Property ! !
\
Fee
~'(1i) Municipal Addrees o! Property (17) Oocumanl Prepare~ by:
Penny L. Wyger Land Transfer Tax
Town Solicitor
Town of Pickering
One The Esplanade
Picker_lng, Ontario
L1V 6K7
Tot~