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HomeMy WebLinkAboutBy-law 2790/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2790/88 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 27, Concession 2, Pickering (Draft Plan 18T-86061; Fairport Developments Inc.) WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 27, Concession 2, Picketing, has been approved by the Council of The Corporation of the Town of Picketing and the Regional Municipality of Durham, subject to several con- ditions, one of which requires the entering into of a satisfactory Subdivision Agree- ment with The Corporation of the Town of Picketing; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree- ment, in the form attached hereto as Schedule A, respecting the development of that part of Lot 27, Concession 2, Picketing, included in Draft Plan 18T-86061 (Fairport Developments Inc.). BY-LAW read a first, second and third time and finally passed this 6th day of June, 1988. Johrf E. Anderson, Mayor TOWN OF PICKERING LEGAL THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2790/88 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 27, Concession 2, Pickering (Draft Plan 18T-86061; Fairport Developments Inc.) WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 27, Concession 2, Pickering, has been approved by the Council of The Corporation of the Town of Picketing and the Regional Municipality of Durham, subject to several con- ditions, one of which requires the entering into of a satisfactory Subdivision Agree- ment with The Corporation of the Town of Pickering; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree- ment, in the form attached hereto as Schedule A, respecting the development of that part of Lot 27, Concession 2, Pickering, included in Draft Plan 18T-86061 (Fairport Developments Inc. ). BY-LAW read a first, second and third time and finally passed this 6th day of June, 1988. Johrf E. Anderson, Mayor /Bruce Taylor, ff.~erk/ TOWN OF PlCKERING APP;~ )VED LEGAL D~PTI Schedule A THIS AGREEMENT made this 6th day of June, 1988. BETWEEN: FAIRPORT DEVELOPMENTS INC. hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to subdivide part of Lot 27, Concession 2, in the Town of Pickering, in the Regional Municipality of Durham, and to register a plan of subdi- vision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-86061; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as foIlows: 1. LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots 1 to 9, both inclusive, and Blocks 10 to 19, inclusive, Plan 40M- , Pickering. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 1988, the Town may, at its option on one month's notice to the Owner, declare this Agreement to 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. 3. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. 4. INTERPRETATION (1) Whenever in this Agreement the word "Owner", or "Encumbrancer" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", "Encumbrancer or Encumbrancers" and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. TIME Time shall be of the essence of this Agreement. 6. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. 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 generally the work required to be done for the development of the plan of subdivision. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (1) The Owner shall construct a complete storm water drainage and manage- ment system, including storm connections to the street line and catch basin leads to service all the lands in the plan of subdivision and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (Z) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the aforementioned lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- sion, the Owner may be required to carry out such works as are neces- sary to provide an adequate outlet. (4) The Town may connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the sewer system by the Town. (5) No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowance shown on the plan of subdivi- sion. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 12. ROADS - PAVED (1) The Owner shall construct the road shown on the plan of subdivision and reconstruct Fairport Road adjacent to the plan, according to the Town's specifications for paved roads of the Town in effect at the date hereof. (2) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the road in the plan that the maintenance of it has not been assumed by the Town from the time that it is opened until formal assump- tion by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the roads to be con- structed or reconstructed pursuant to section 12, according to the speci- fications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a drive- way, the Owner shah construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 14. SIDEWALKS (1) The Owner shall construct the following segments of sidewalk, in each case within the six months immediately following the occupancy of the first dwelling unit to be occupied on any lot adjacent to that segment, despite any longer time limit otherwise applicable pursuant to section I of Schedule A: (a) adjacent to Block 19 and Lots. l to 9 on the south side of Baylawn Drive and the west side of Fa~rport Road; and (b) adjacent to Blocks 10 to 18 on the north side of Ba¥1awn Drive and the west side of Fairport Road. (2) Despite the provisions of subsection (1), where the occupancy of the first dwelling unit occurs in November or December of any year, the time limit for construction of the adjacent sidewalk shall be extended to June 30 in the following year. (3) The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town. · ' 3 15. ELECTRICAl* SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accor- dance with the standards and specifications of Picketing Hydro-Electric Commis- sion, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (1) The Owner shall install street lights on the proposed street in the plan, and shall upgrade street lighting on Fairport Road adjacent to the plan, including in each case poles and other necessary appurtenances where necessary. (2) Electrical service for street lighting shall be provided underground and not aboveground. (3) Street lighting and its related electrical service shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. (4) The installation of street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $630 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 18o LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, naming the Town as an insured and indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner in the plan of subdivision and elsewhere. (2) The amount of the Policy shall be $5,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewal or renewals within 30 days of the account therefor being rendered by the Town. (4) It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 19. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a '4 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 17 of 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, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Town. (2) The Owner may, at any time after the first 50%, 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) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) 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 pay- ment into court; and (c) seventeen per cent (17%) 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; 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 pay- ment into court; which seventeen per cent (17%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, 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. 5 20. DRAINAGE - SODDING (1) The O~er shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage and Storm Water Management Specifications in effect at the date of this Agreement, 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 Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation and the Metropolitan Toronto and Region Conservation Authority. (4) The grading of all lands shall be carried out by the Owner in accordance with the approved Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. (6) Despite any time limit otherwise applicable pursuant to section 1 of Sched- ule A, the Owner shall sod the front, side and rear yards of each of the residential lots and blocks except for paved, planted or treed areas, within the six months immediately following the occupancy of the dwelling unit erected thereon, unless such occupancy occurs in November or December of any year, in which case the time limit for such sodding shall be extended to June 30 in the following year. 21. INCOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notifica- tion be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. (2) In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Baylawn Drive as public highway upon the registra- tion of the plan. 23. TRANSFERS - CONVEYANCES (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration thereof, all of, (a) Blocks 21 and 22 (Fairport Road reserves); (b) Blocks 23 and 24 (Baylawn Drive reserves). (2) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. 24. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm sewer services both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (2) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1) shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or, where, no sidewalk is to be provided, between the curb and the lot line. (b) Continuation of Existing Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, other than in the actual construction, of roads in the 7 plan of subdivision without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (i). (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Construction Traffic Wherever possible, to ensure that construction traffic serving the devel- opment of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. (f) Relocation of Services (i) To pay the cost of relocating any e×isting services and utilities caused by the subdivision work within 30 days of the account for same being rendered by the Town. (ii) Similarly to pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (g) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (h) Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (i) Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (j) Engineering Drawings Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivi- sion, with amendments, if any, noted thereon. (k) Snow Plowin~ & Sandin~ of Roads (i) If, in the opinion of the Director of Public Works, the condition of the road surface is not acceptable for winter control, to snow plow and sand such roads from such occupied buildings to exist- ing Town roads or to subdivision roads that receive the Town's winter control service, including alternate means of access where available. (ii) Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. (I) Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found or re-established ali standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. 26. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (2) No building or part of a building in the subdivision 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: (i) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric service is completed and in operation; (iii) An asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing main- tained public road; and (iv) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road and extend to an existing maintained public road. (4) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 27. DWELLING UNITS In the event that more or less than 18 dwelling units are to be constructed in the plan, an amendment to this Agreement shall be required. 28. DESIGN PLANNING (1) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architec- tural design objectives for the subdivision, which approval shall not be unreasonably withheld. (2) The report referred to in subsection (1) may be required, at the Direc- tor's option, to provide the following information: (a) house massing; (b) streetscape; (c) exterior materials and colours; (d) architectural style; (e) visual variety I (f) energy conservation measures; and (g) any other data or information required. (3) The Owner shall, prior to the issuance of any building permit for the cons~ctton of a residential unit to be erected on the lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. (4) The plans and drawings referred to in subsection (3) 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 pre- served; (c) streetscape for front and rear elevation at a scale acceptable to the Director; (d) streetscape to show all street furniture and vegetation; (e) the relationship of buildings by blocks; and (f) any other data or information required. (5) Despite the generality of subsections (1), (2), (3) and (4), above, the report referred to in subsection (1) and the plans and drawings referred to in subsection (3) shall include details of driveway design (including location) and garage sizes for all residential lots and blocks in the plan. 29. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $2,500 per unit if paid before August 1, 1988, or $2,?50 per unit if paid on or after August 1, 1988, for each dwelling unit to be erected in the plan, each payment to be made when the building permit for the unit is issued. No building permit shall be issued for any dwelling unit unless payment of the unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. (3) Payments of such levies shall be made to the Town from time to time as building permits are required. (4) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than 18 months from the date of registration of the plan. (5) A letter from the Clerk of the Town advising that the unit levy has been paid shall be deemed to be a release of this section for the lands referred to in the said letter. 30. FINANCIAL SECURITY The Owner shall, immediately prior to the registration of the plan, deposit with the Town, a security payable to the Town, in a form satisfactory to the Town, for the sum of $49,500 as security for the payments referred to in section 29 hereof. 31. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the plan of subdivi- sion, as required by law from time to time. (b) Local Improvements Prior to the release of the plan for registration, to prepay any outstand- ing local improvement charges which are levied against any of the lands in the plan of subdivision. 10 (c) Interut To paF interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (d) Re[iistration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the Land Titles Office. (e) · Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 32. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, 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 to the satisfaction of 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 any further security. 33. PROVISION OF PARKLAND Prior to the registration of the plan, the Owner shall pay to the Town the sum of $22,050, in full satisfaction of the Owner's obligation to provide parkland for Lots I to 9 and Blocks 10 to 18. 34. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 18 trees of a size and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. (3) The trees approved by the Town shall be planted by the Owner when the boulevard into which they are to be planted is sodded. (4) If the density is too great to enable 18 trees to be planted, the Owner shall pay to the Town $100 for every tree which cannot be planted for tree planting in a public land area within the community in which the plan is located. 35. TREE PRESERVATION (1) The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved. 11 (2) The P~o~ram shall be submitted to the Director of Planning for review and al~roval, and, once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Program, the Director shall he governed by the Town Tree Preservation Policy in effect at the date hereof. (4) Until such time as the Program is approved, the Owner shall not com- mence, nor allow to he commenced, any aspect of the development of the lands in the plan, including the removal of any trees. ($) In the event that any tree required to he preserved by the approved Tree Preservation Program is removed or is, in the opinion of the Town's Director of Parks and Recreation, 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 spe- cies determined by the Director~ such replacement shall be at no cost to the Town. (6) The Owner's liability under subsection (5) shah continue until, (a) where the lands upon which the tree is located comprise a res- idential building lot, twelve months after the completion of the sodding on the lot, or (b) where the lands upon which the tree is located comprise lands other than a residential building lot, the expiry of the guarantee period referred to in section 1 of Schedule A of this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED FAIRPORT DEVELOPMENTS INC. Phillip Rubinoff, Secretary THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk 12 ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or · interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at this day of , 1988 SIGNED, SEALED & DELIVERED THE TORONTO-DOMINION BANK 13 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (1) In this section, "preservicingn means the undertaking, prior to the registration of this plan of subdivision, of any works or services required to be undertaken by the provisions of this Agreement, on the Lands or on any lands adjacent thereto, and "preservice~ has a corresponding meaning. (2) The Owner may preservice this project only with the prior written ap- proval of the Town which may be issued by the Town's Legal Services Department only after the Owner has, (a) executed this Agreement; (b) supplied a satisfactory performance and maintenance security pursuant to section 19; (c) supplied a satisfactory liability insurance policy pursuant to section 18; (d) provided a Grading Control Plan pursuant to section 20 which has been approved by the authorities referred to in subsection (3) of that section; (e) obtained the necessary permissions required by section 24 where storm sewer easements are required; (f) submitted a Tree Preservation Program pursuant to section 36 which has been approved by the authority referred to in sub- section (2) of that section; and (g) submitted complete engineering drawings for the project which drawings have been approved by all relevant authorities. (3) Despite the provisions of subsection (2), preservicing limited to, (a) making soil quality and compaction tests, (b) surveying the boundaries of the Lands and of proposed lots, blocks and roads thereon, (c) marking existing and proposed grade elevations, (d) tests and examinations of the Lands necessary for the preparation of required pre-development studies, (e) compliance with an approved Tree Preservation Program, (f) lawful erection of permitted signs, or (g) any combination thereof, shall not require the prior written approval of the Town. (4) The Owner shall complete all works, services and requirements under this Agreement, (a) within one year of the date of registration of the plan of subdivi- sion if preservicing (except pre-servicing limited to that de- scribed in subsection (3), or site grading, soil movement and storage, or both) has occurred with or without the Town's ap- proval, or (b) within two years of that date if no preservicing (except pre-servicing limited to that described in subsection (3), or site grading, soil movement and storage, or both) has occurred. (5) The Owner shah guarantee all works, workmanship and materials employed or used in the construction, installation or completion of all works, ser- vices and requirements under this Agreement for a period of two years from the date that the works, services and requirements are approved in writing by the Town. 2. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. ENVIRONMENTAL REPORT The Owner shall develop the lands in accordance with the recommendations contained in the revised Environmental Report approved by the Town's Director of Planning and the Subsoils Investigation Report prepared by Bruce A. Brown Associates Limited. 4. TEMPORARY TURNING CIRCLE (1) Notwithstanding the provisions of sections 11, 12 and 13 of this Agree- ment, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on Baylawn Drive, immediately east of Block 23. (2i The Owner shall remove, at its sole expense and to the Town's specifica- tions, any temporary turning circle located immediately adjacent to the plan on a public highway to be extended by the Owner into the plan, and shall replace any such circle with permanent services as if the highway were a road in the plan. (3) As the temporary turning circle referred to in subsection (1) will be required only if the sequence of construction in this plan and adjacent plans warrants it, the Director of Public Works may waive the con- struction of the turning circle, at his sole discretion, if that sequence does not warrant it. 5. FUTURE DEVELOPMENT BLOCK - BLOCK 19 (1) The Owner shall reserve Block 19 for future residential development in conjunction with lands abutting it, and shall maintain that Block to the Town's satisfaction until developed. (2) No residential development of Block 19 shall occur without a prior amend- ment to this Agreement. 6. CO-ORDINATED DEVELOPMENT - BLOCKS 10 TO 18 (1) The Blocks set out in Column I of the following table shall be developed only in conjunction with the lands described in Column II to provide the number of dwelling units set out in Column III. Table Item Column I Column II Column III 1. Block 10 Block 41, Draft Plan 18T-86063 1 2. Block 11 Block 42, Draft Plan 18T-86063 1 3. Block 12 Block 43, Draft Plan 18T-86063 1 4. Block 13 Block 44, Draft Plan 18T-86063 I 5. Block 14 Block 45, Draft Plan 18T-86063 1 6. Block 15 Block 46, Draft Plan 18T-86063 I A-2 7. Block 16 Block 47, Draft Plan 18T-86063 1 8. Block 17 Block 48, Draft Plan 18T-86063 1 9. Block 18 Block 49, Draft Plan 18T-86063 1 (2) The development of the lands described in the Table shall be governed by the provisions of this Agreement. 7. CONTRIBUTION TO COSTS OF DOWNSTREAM SERVICES Prior' to the registration of the plan, the Owner shall pay to the Town the sum of $1,842.28, being the Owner's share of the costs to the Town of the construction of the Pine Creek Storm Water Management Project, which serves, in part, the lands in this plan of subdivision. 8. FENCING (1) The Owner shall erect, within one year of the date of registration of the plan, a permanent privacy wood fence 1.8 metres high, (a) along Block 22, from its south limit to a point opposite the north-east corner of the nearest dwelling to be erected on Lot 9~ (b) along Block 21, from its north limit to a point opposite the south-west corner of the nearest dwelling to be erected on Block 10. (2) The fencing required to be constructed pursuant to subsection (1), above, shall be constructed so as to meet or except 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. A-3 SCHEDULE B 1. SPECIAL P]~VISIONS REQUIRED BY THE COMMISSIONER OF PLANNING OF THE REGIO~ MUNICIPALITY OF DURHAM The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval, dated March 10, 1988, of Draft Plan 18T-86061 by the Commissioner of Planning of the Regional Municipality of Durham (the "Commissioner") and these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any way to any of the other provisions of this Agreement. 2. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ('IM.T.R.C.A. ") The Owner shall carry out, or cause to be carried out, to the satisfaction of M.T.R.C.A., the recommendations referred to in the report required in Con- dition 9 of the approval dated March 10, 1988, of this plan by the Commission- er. B-1 RECEIVED INTER-DEPARTMENTAL MEMORANDUM ~PR 6 ~9~8 CLERK'S DEPARTMENT SOLICITOR TOWN OF PICKERING Date: February 2, 1988 To: Cathy Rose, Planner From: Kathy McKay, Deputy Clerk Please be advised that the Council of the Town of PickeFing passed the following resolution at its regular meeting of February 1, 1988. That Town Council recon~nend to Regional Council that Draft ( Plan of Subdivision 18T-86061(R), submitted by Fairport \- ~.~ ~/~ Developments ~nc. on 1-~e-~-~Part of Lot 27, Concession 2, Town of Picketing, be APPROVED AS REVISED subject to the following conditions: 1. That this recomnendation apply to the plan prepared by F. Schaeffer Planning Group Limited, Drawing No. 87-3, Project P-536-86, dated October 30, 1987, as revised in red and bearing the Town's recommendation stamp. 2. TKat the owner make satisfactory arrangements with the Town regarding the required parkland dedication. 3. That the owner enter into a subdivision agreement with and to the satisfaction of the Town. 4. That the owner make satisfactory arrangements regarding the provision of all services required by the Town. 5. That the owner agree to dedicate all road allowances with proper corner roundings and sight triangles to the Town. FEB 28 198~1 - 2 - 6. That the owner agree to convey to the Town: a) Block 20 as a road widening~ b) Blocks 21, 22 and 23 as 0.3 metre reserves; c) any other easements as required. 7. That the owner make satisfactory arrangements with the appropriate authorities regarding the provision of underground wiring, street lighting, cable television and other similar services. 8. That the street within the draft plan be named to the satisfaction of the Town. 9. That the owner submit for approval by the Town, site plans and streetscape elevations showing the location and relationship of all buildings prior to the issuance of and that the any building permits; owner ensure that the site plans submitted illustrate clearly the exact location of the trees to be preserved and of the protective measures installed. 10. That prior to final registration of this plan, the owner: a) submit a Draft 40M-Plan to be approved by the Town Planning Department; b) (i) submit a REVISED Environmental Report that addresses various matters including an environmental impact analysis plan, a description and explanation of such plan, and the specific stormwater control methods and detailed grading methods required to ensure retention of pre-development drainage conditions and vegetation identified for preservation; and Iii) following acceptance by the Town of the Environmental Report referred to in condition lO(b)(i), that development on the lands be subject to the recon~endations contained of that Environmental Report and of the original "Subsoils Investigation Report" prepared by Bruce A. Brown Associates Limited. -3 - c) submit a detailed tree preservation programme to the satisfaction of the Town and agree that no trees be removed until such time as this programme has been approved by the Town except as authorized by the Director of Parks and Recreation; d) satisfy the Director of Public Works regarding Simcoe Engineering's comments respecting stormwater management. 11. That the owner make satisfactory arrangements with the Town regarding the removal, demolition and/or retention of all structures on the subject property. 12. That Blocks 10 to 18 inclusive, be developed for residential purposes in conjunction with abutting blocks in the ad.iacent draft plan of subdivision 18T-86063(R). 13. That Block 19 be developed for residential purposes in with land~ and that this Block be conjunction abutting maintained to the satisfaction of the Town until such time as it is developed. 14. That the owner construct a temporary turning circle at the western terminus of Duncannon Drive (within their lands) to the satisfaction of the Director of Public Works. 15. In accordance with Town policy, the-owner provide for the upgrading of the Fairport Road frontage across the subject property to full urban standards to the satisfaction of the Director of Public Works. The resolution is sent to you for your information. Kathy McKay Deputy Clerk February ti, 19~8 INTERDF.? ARTMENTAL CORRESPONDENCE PLANNING DEPARTMENT TO: N.C. Marshall FROM: Tony M. Magi Town Manager Director o[ Planning RE: Council ,Minutes ;[or the February 1st, 19gg Meeting Resolution /126/~8 o[ thc Minutes of the February ist~ [988 meeting o[ Town Council should read that "C~ondit[on 10.(e) in Resolution [l] was deleted and a new Condition 10.(e) was added into ResobJt[on ll-~ as [oilows ...". Appendix ]~ Resolution /il shotJ}d have Condition lO.(e) deleted. The condition [or planting additional trees was intended to apply only to the Jameton s~Jbdivision (IgT-g6063(R)), not to the Fairport subdivision (IST-$606[(R)). Please bring this matter to the attention of Town Council so that the minutes can be changed prior to ti~eir adopt[on at the February [Sth Council meeting. {]/( Tony M. Magi CLR:em Bruce Taylor~ Town Clerk  I¢iarch 10, 1%8 DURHAM Mr. T. Magi ,~ I,l~ ~'2 1988 Town of Picketing SOLICITOR ~R~o~ 1305 P~ckerLng Pkwy. TOWN 0F PICKERING M..ici~i~y 2nd F [ oo r . of Durham Picketing, Ontario /row:~ <4,6) 668.7~31 Re: Proposed Plan of Subdivision Da M ~ MICHAEL. MC~P Region Of Durham File: 18T-86061/AIso Quote Ref. No.: 5043 Commi~sionaroIPlanning Owner: Fairport Developments Inc. Nunici?lity: Towrl of Pickering The above draft plan of subdivision was approved today subject to the conditions a~tached herewith. A copy of the draft approved plan bearing the approval, signature is also attached for your Please inform us when the applicant has met those conditions pertaining to the requirements of your municipality. It should' be noted Lha~ we require a brief but complete statement indicating. how each of the conditions, wi~h which your municipality is concerned, has been satisfied. Your letter of clearance should be addressed to the undersigned with copy sent t.o the C~erk of the Regional Hunicipality of Durham at 505 Rossland Road East, P.O. Box 623, Whitby, Ontario, LIN dA3, Yours very truly, Franklin Wu, Manager Current Operations Branch. :SEE2/jh Encls.Conditions of Approval OraFt Approved Plan Fhom: Dr. : · Flichael, Cu~, ssioner of Planning To: Fairport Developments Inc. Re: Plan of Subdivision i8T-86061 Town of Picketing COIIO[TIONS OF APPROVAL OF FINAL PLAN FOR REGiSTRATIOrI FOR THIS PLAN OF ' SUBDIVISION ARE AS FOLLOWS: That this approval applies to draft plan of subdivision 18T-86061, prepared by F. Schaeffer Planning Group Ltd., identified as number 87-3, Project P536-86 as revised in red and dated October 30, 1987 showing 9 lots and 10 blocks for residential development, 1 block for road widening and 3 reserve blocks. ) road included in this draft plan shall be That the allowances dedicated as public highway. (3~ That the road allowances included in this draft plan be '' nalaed to tile satisfaction of tile Region of Durham and the Town of Picketing. That Block 20 shall be dedicated as public highway for the purpose of widening to the Town of Pickering. 1'5~ That 0.] metre reserves as shown as 8locks 21, 22 and 23 shall be conveyed to the Town of Picketing. !6. That the owner shall land to the Town of for Picketing park or other public recreational purposes in accordance with the Planning Ac[. Alternatively, the municipality may accept cash-in-lieu of such conveyance. easements as ~lay required utilities, drainage That such be for and servicJng purposes sba11 be granted to ~he approprJate authority. That the uses sho,,.~n on the approved draft plan shall be zoned · ~ in an appropriate zoning by-law passed by the Council of the Town of Pickering in effect in accordance with the Planning Act. g. Prior to ~he initiation of grading and prior to the registration of this plan or any phase thereof, that the owner shall submit for the review and approval of the Netropolitan Toronto and Region Conservation Authority: a) a detailed erg]reefing and drainage report that describes the storm water management techniques which may be required to control minor or major flows directed into the surrounding drainage systems~ the proposed methods for controlling or mininfizing erosion and siltation on-site and/or in downstream areas during and after construction; and the location and description of all outlets and other facilities which may ~equire permits under Ontario Regulation 293/86. 9. b) plans for the treatment of the small watercourse affecting the site, ' c) overall grading plans. ® · That Blocks 10 to 18 inclusive, be developed for residential purposes in conjunction with abutting blocks in the ad, iacent draft plan of subdivision 18T-86063(R). (~ That the owner construct a temporary turning circle at the western terminus of Duncannon Drive (within their lands) to the satisfaction of the Town of Pickering. 12. That the owner shall provide for the extens'ion of such sanitary sewer and water supply facilities which are external to, as well as within the limits of the plan which are required to service such plan. In addition, the owner shall provide For the extension of sanitary sewer and water supply Facilities withi~ the limits of the plan which are required to service other developme~ts external to his subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed as per the standards and requirements of the Region of D~rbam; all arrangements, financial and otherwise, for said extensions are to be to the satisfaction of the Region of Durham and are to be completed prior to final approval . 13. That prior to entering into a subdivision agreement the Region of Durham shall be saLisfied that adequate water pollution control plant and water supply plant capacity are available to the proposed subdivision.- (~4~. That prior to ,'inal approval of the plan, the owner shall ~ satisfy all requirements, financial and otherwise, of the Town of Pickering. This shall include, among other matters, execution of a subdivision agreement between the owner and the Region of Durham, concerning the provision and installation of roads, services and drainage, and other local services. ~-Tbat prior to final approval the plan, the owner shall of /~/~ satisfy all requirements, fi nancial and otherwise, of the Region of Ourham. This shall include, among other matters, executi<}~ of a subdivision agreement between the owner and the Region of Durham concerning the provision and installation of sanitary sewer, water supply, roads and other regional services. {~. That the subdivision agreement between the owner and the Town of Picketing shall contain, among otber matters, the following provisions: a) The owner agrees to carry-out, or cause to be carried-out, to the satisfaction of tbe Metropolitan Toronto and Region Conservation Authority, the reco~mnendations referred to in the report as required in condition 9 and applies For all necessary permits. 16. b) The owner agrees no~. to develop block 19 except in conjunction Wlti~ adjacent, lands and furl;her agrees to maintain this block unl;il developed. $.7. That prior to Final approval, the Commissioner of Planning for the Region of Durham, shall be advised ~n writing by: a) Town of P~ckeFing, how conditions l, 2, 3, 4, 5, r~, 7, 8, lO, Ii, 14 and 16 have been satisfied; b) Metropolitan Toronto and Region Conservation Authority, bow conditions 9 and 16 a) have been satisfied. NOTES TO DRAFT APPROVAL 1. As owner of the proposed subdivision, i~ is in your interes~ as w~ll as your responsibility ~o satisfy al~ conditions of approval i~l an expeditious manner. 2. All plans of s~d)d~vision m,~st he registered in the land titles system within i:he Dorham Region. 3. Where agencies requirements are contained in the subdivision agreement, a copy oF l;he agreement shall be sent to these agencies in order to Facilitate their clearance For Final approval, lhmse agencies are: a) Ms. A. Aitkens, ~etropolitan Toronto & Region Conservation Authority, 5 Shoreham Drive, North York, Ontario M3N 1S4. . ~ SUBJECT PROPERTY Town of Pickering PLANNING DEPARTMENT P~o~,~ O,~:,i. Uon PART OF LOT 27, CON 2_ O,~n~r FAIRPORT DEVELOPMENTS oa~ NOV 5/86 o,~,~, By C.F.L. Application NO. OP~ ~'72-,/'P'~ A ~/~:~; 18T-86061 s~,. I: 7 ~ c~.~.d By