HomeMy WebLinkAboutBy-law 4344/93 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4344/9~3
Being a by-law to authorize the execution of a Subdivision
Agreement and related documentation respecting the development
of Part Lot 10, Plan 175, Pickering and to repeal By-law 4082/92
(Stolp Homes (Fair Port Beach 1993 Inc.), 18T-89024)
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 10. Plan
175, Picketing, has been recommended for approval by the Council of The Corporation of the
Town of Picketing and approved by the Commissioner of Planning of the Regional Municipality
of Durham as Draft Plan 18T-89024, 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, on September 21, 1992, the Council of The Corporation of the Town of Picketing
passed By-law 4082/92, authorizing the execution of an earlier version of such an agreement,
which version has never been executed by the Town's officers and has expired; and
WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter M.45,
section 191(1), the Council of The Corporation of the Town of Picketing 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. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in
the form attached hereto as Schedule A, between Stolp Homes (Fair Port Beach 1993)
Inc. and The Corporation of the Town of Picketing, respecting the development of Part
Lot 10, Plan 175, Pickering (Draft Plan ! 8T-89024).
2. The Corporation of the Town of Pickering shall acquire those lands or interests in
lands referred to in section 33 and identified in Schedule A of that Subdivision
Agreement subject to the terms and conditions and for the purposes set 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 Picketing of any interests in land in the nature of storm
drainage works easements.
4. By-law 4082/92 is hereby repealed.
BY-LAW read a first, second and third time and finally passed this 15th day of November,
1993.
Wayne Arth~s, Mayor ~/~
TOWN ~ '/'/
APPROVED ' Brace Taylor, Clerk --
FO~
THIS SUBDIVISION AGREEMENT made November 15, 1993, pursuant to the provisions of
section 51 of the Planning Act, R.S.O. 1990, chapter P. 13,
BETWEEN:
STOLP HOMES (FAIR PORT BEACH 1993) INC.
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 Lot 10 and Part Lot 11, in the Town of Pickering, in the
Regional Mtmicipality 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-89024, 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 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
The lands affected by this Agreement (the "Lands") are Lots I to 25, both inclusive and
Blocks 26 to 30, both inclusive, Plan 40M- , Picketing.
2. STATUS OF THIS AGREEMENT
(1) In the event the plan of subdivision is not registered on or before June 18, 1994,
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 tight 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 and D attached hereto shall form part of this Agreement.
(3) Time shall be oftbe essence of this Agreement.
4. l~dl:lPJhlO, t~1~
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. hLO_TLC. E
(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
Stolp Homes (Fair Port Beach 1993) Inc.
100 Allstate Parkway
Suite 201
Markham, Ontario
L3R 6H3
and
(b) in the case of the Town, to
The Town Clerk
The Corporation of the Town of Pickering
Pickering Civic Complex
One The Esplanade
Picketing, Ontario
LIV 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.
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 in~tall 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 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, catehbasins 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 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 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 and on Town roads to be extended into the plan
where the Owner is required to remove and replace a temporary turning
circle;
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(i) walkways on walkway blocks and park entrances, complete with
walkway fencing and lighting; and
(j) 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 axe 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 oftbe
Owner's 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
adminis~ation 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 fi.om, any public lands, other than in the
actual construction of roads in the project without the wfinen 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.
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(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 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 Picketing 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 Community Services 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
Community Services and Facilities, damaged to such an extent that ils 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 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
Community Services and Facilities, that surface mn-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 consu'uct 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 all approvals required by this Agreement have
been obtained and,
(a) four red-lined copies of this Agreement executed hy the Owner and. all
Encumbrancers have been provided to the Town to the satisfaction of the Town
Solicitor;
Co) all monies, securities and insurance policies, as noted in this Agreement, have
been delivered to the Town 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; and
(d) three executed copies, in a form suitable for registration, of any Transfers/Deeds
required by section 34 respecting the conveyances identified in Schedule A have
been provided to the Town in registrable form to the satisfaction of the Town
Solicitor.
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 thc Works and may
for this purpose enter the Lands at any time; such repah' 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 MArNTENANCE 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.
18. COMPLETION DATES - TOWN WORKS AND SERVICES
(1) The Owner shall complete the Works in accordance with the following time
IL, nits:
(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 Authodzation to
Commence Work;
7
(f)(ii) boulevards and sidewalks on Town roads ~o 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) slxeet lighting - one year fi.om 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 fi'om date of
Authorization to Commence Work; and
C roads adjacent to the plan and separated fi'om 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 appi'oval
thereof by the Town, the Town shall issue to the Owner a Completion Acceptance
Certificate.
(2) Despite the provisions of subsections (1)(0(i) and (l)(j)(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 defective or ~ansuitable, 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 caaes 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 thc 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 thc 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 un.satisfactorily installed Works.
(3) Prior to the end of the maintenance period, the Owner's Consulting Engineer shall
submit to thc Town,
(a) "as built" construction drawings for thc Works complete as per Town
standards, together with that Consulting Engineer's certificate that those
drawings accurately depict the Works as constructed; and
Co) a statement by an Ontario Land Surveyor that all standard iron bars aa
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
Co) 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
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 lime limited for implementing the rectifications (the "rectification period")
and the maintenance period shall be extended to the end of the rectification
period.
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(6) At the end ofthe rectification period, the Town will re-inspect the Works and if,
(a) thc Works arc acceptable; and
(b) the Owner has performed all of its obligations under the terms of this
Agreement to the satisfaction of thc 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
(!) 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 satisfac!ory 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;
10
(h) 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 imo corm;
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 corm;
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, ora reduction in the amount of the security required to
be provided in subsection (l), 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 (herein called the "Act"), and shall ensure that its employees,
contractors, subcontractors and their employees,
11
(a) are aware of their respective duties and obligations under the Act, and
(b) have sufficient knowledge and ~aining 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, conUactors, subcontractors
and their employees under the Act.
(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 Ovaaer 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
Co) 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;
Co) it shall not contain a clause for exclusion for blasting; and
12
(c) it may not be cancelled unless prior notice by regislered 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 &the deductible.
(5) The provision of the insurance policy required by this section shall not relieve the
Owner fi'om 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 TffE PROJECT
25. CONSTRUCTION AND OCCUPANCY OF BUILDINGS
(1) No building permit shall be issued for any building or pan 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
(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
13
(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 A'I~'ENUATION
(i) Prior to the issuance of any building permit for the construction of any residential
u~it 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) slxeetscape for front, rear and flankage elevations at a scale acceptable
to the Director;
(d) streetscape to show all s~'eet 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.
14
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 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 conslxuction and
installation of Works and other services;
Co) 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 Act;
(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.
15
3 I. PAYMENT OF REALTY AND BUSINESS TAXES / LOCAL IMPROVEMENT
(I) The Owner shall pay in full as they come 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
(i) 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 -/ire facilities;
(d) protection -/ire vehicles and equipment;
(e) storm drainage, roads, sidewalks, storm sewers, lighting and other
services;
(f) mmsportation - works yards, vehicles and equipment;
(g) transportation - transit;
(h) parks - parkland acquisition;
(i) parks - parkland development;
0) major recreational facilities - major indoor recreational facilities;
0c) 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) Before this Agreement will be executed by the Town, 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) Before this Agreement will be executed by the Town, 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) 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 within 30 days of
invoices being rendered.
16
PART 5 - TRANSFERS AND REGISTRATIONS
34. TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEf J
(1) Upon executing this Agreement, 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 interests in lands identified in Schedule A for the purposes set out
therein.
(2) The Owner hereby warrants that, upon such conveyance, neither the rifle to the
lands conveyed nor their physical state and condition shall prevent the Town fi'om
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.
(4) Any Transfer/Deed given pursuant to this Agreement shall be in a form acceptable
to the Town Solicitor and any Transfer/Deed ora 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.
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) The Owner shall give to eve~ry 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
acknowledgement in any offer to purchase or other simila~ document dealing with
the Lands, or any part of them.
17
(3) The Owner shall indemnify and save harmless the Town fi.om 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.
(4) The Owner shall execute such further assurances of the rights hereby granted as
may be deemed necessary by the Town.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Col~orate Seals
attested to by the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
STOLP HOMES (FAIR PORT BEACH 1993) INC.
Henry Stolp, President
[person], [position]
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
ENCUMBRANCER - PARKHILLVIEW ESTATES LIMITED
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 ,1993.
SIGNED, SEALED AND DELIVERED
PARKHILLVIEW ESTATES LIMITED
M. Teschner, President
ENCUMBRANCER - HARRY FOLINSBEE NEWMAN
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 oth~
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 ,1993.
SIGNED, SEALED AND DELIVERED
In the Presence of
Harry Folinsbee Newman
19
TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF
(Section 34)
1. CONVEYANCES REQUIRED TO BE MADE TO THE TOWN -
~ ~ Interest to be Conveyed
Block 31 Walkway Fee simple
Blocks 32 and 33 Reserves Fee simple
Any 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
(1) The Owner shall obtain a written appraisal, prepared by a professional land value
appraiser acceptable to the Town, of the value of all the land in the plan as of
March 1, ! 990.
(2) The amount payable in lieu of a parkland conveyance shall be a sum equal to five
per cent of that value.
3. STORM DRAINAGE WORKS EASEMENT REFERENCE PLANS
(1) Before the Town will advise the Regional Municipality of Durham that the
conditions of Drai~ Approval affecting the Town have been satisfied, the Owner
shall obtain and deliver to the Town one drai~ copy of each proposed reference
plan required to effect the conveyance of the specific easements Teferred to in
section I of this Schedule.
(2) Upon the completion of the cons~ction 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 i 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.
2O
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:
(7) 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, reconsu'uct
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 conlxactors 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 ail 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 fi'om any part of the lands
without the previous written consent of the Transferee.
4. The fight 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 ail the terms and conditions contained herein
shall nm 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 nm 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.
21
REQUIRED FORM FOR PERFORMANCE AND MAINTENANCE SECURITY LE~rER
OF CREDIT
(Section 21)
To: The Corporation of the Town of Picketing
Picketing Civic Centre
One The Esplanade
Picketing, Ontario
LIV 6K?
We hereby authorize you to draw on [name ot bank], [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 dra.fLs 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 ottr said eustomer(s or any nfthem).
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 Agreementl, 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 ]dale 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
Cr~it.
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.
22
DEVELOPMENT CHARGES, ENGINEERING AND LEGAL FEES
(Sections 32 and 33)
1. DEVELOPMENT CHARGES PAYABLE
(I) Until and including October 7, 1994, the development charge payable under the
Town's Development Charges By-law 3854/91 for each dwelling unit within this
project is:
(a) for each single or semi-detached dwelling $4,985
(2) From and after October g, 1994, the development charge payable for each
dwelling unit within this project will be as set out in subsection (1) as adjusted on
October 8, 1994, and annually on every October g thereafter until it is paid, in
accordance with the Engineering News Record Cost Index (Toronto).
(3) The development charges set out in subsection (1) have been derived as follows:
administrative services - town offices $377
administrative services - capital growth studies 85
protection - fire facilities 93
protection - fire vehicles and equipment 154
storm drainage, roads, sidewalks, storm sewers, lighting and other services
964
transportation - works yards, vehicles and equipment 205
txansportation - txansit 52
parks - parkland acquisition 397
parks - parkland development 824
major recreational facilities - major indoor recreational facilities 865
library - library facilities 230
library - library materials 141
electrical distribution services and facilities 598
total $4,985
2. ENGINEERING DRAWING INSPECTION FEE PAYABLE
The amount of the Engineering Drawing Inspection Fee payable for this project is $875.00.
3. SUBDIVISION AGREEMENT PROCESSING FEE PAYABLE
The amount of the Subdivision Agreement Processing Fee payable for this Agreement is
$2,140 [$2,000 plus $140 GST.]
23
SPECIFIC PROVISIONS RESPECTING DEVELOPMENT
(Section 27)
1. EXPECTED NUMBER OF DWELLINGS
(1) This Agreement has been entered into in the expectation that 25 dwellings axe to
be constructed on the Lands - one each on Lots 1 to 25.
(2) Ifmore or less than 25 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 axe obtained.
2. CONVEYANCE OF BLOCKS 26 - 30 TO ADJACENT OWNERS
(1) The lands described in Column I of the following Table shall be conveyed by the
Owner to the registered owner of the adjacent lands described in Column Il
thereof:
Item ~ ~
1. Block 26 Lot 154, Plan M-1017
2. Block 27 Lot 153, Plan M-1017
3. Block 28 Lot 152, Plan M-1017
4. Block 29 Lot 151, Plan M-1017
5 Block 30 Lot 150, Plan M-1017
within the 30 days immediately following the registration of the plan.
(2) Prior to the registration of the plan, the Owner shall provide to the Town a copy of
an unconditional agreement of purchase and sale respecting the conveyance of
each of Blocks 26 to 30 in accordance with subsection (1).
(1) Prior to the' conunencement of any construction, the Owner shall erect fencing
along the south boundary of the plan, adjacent to Lots 21 to :25.
(2) Upon completion of lot grading, the Owner shall repair the existing fence along
the west boundary of Lots 18, 19 and 20, adjacent to Block C, Plan M-1017,
Pickering.
(3) The fencing required to be constructed pursuant to subsection (1) shall be 1.8
metres high wood privacy fencing.
(4) The fencing required to be reconstructed pursuant to subsection (2) shall be 1.8
metres high galvanized steel chain link having 0.05 metre mesh.
(5) All fencing required to be erected by the Owner pursuant to this section shall be
constructed so as to meet or exceed the requirements for swimming pool
enclosures as set out in Part II of the Town's By-Law 425/76, as amended from
time to time, or any successor thereto.
24
4. SI~ECIAL LANDSCAPING TREATMENT - LOTS
(1) The Owner shall provide special landscaping t~eatment in the rear yards of Lots
, as shown on the Landscape Plan approved by the Town's
Director of Public Works.
(2) The Owner shall complete the special landscaping treatment on each lot 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 may be extended to June 30 in
the following year.
5. FINANCIAL CONTRIBUTIONS TO COST OF SERVICES
Upon the completion by the Owner of the construction of the Hillview Crescent and Park
Crescent services required to be constructed by sections 10 and 1 i hereof, the Town shall
pay to the Owner, within thirty days of receipt of the Owner's invoice therefor,
a) one half of the owner's cost of the design and construct/on of the Hillview Crescent
and Park Avenue storm sewers and realted appurtenances, excluding lateral
connections, and,
b) all of the owner's cost of the design and construction of that portion of all other
services constructed on the easterly half of Hillview Crescent and Park Crescent,
subject to a maximum amount payable under this section of $35,000.
25