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HomeMy WebLinkAboutBy-law 2926/88THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO 2926 /88 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 21, Concession 1, Pickering (Draft Plan 18T-86037; Runnymede Development Corporation Limited). WHEREAS the proposal to subdivide and register a plan of subdivision of Blocks 77 and 78, Plan 40M-1272; part of Lot 25, Concession 1; part of the road allowance between Lots 24 and 25, Concession 1; and the 50 foot triangle abutting the road allowance between Lots 24 and 25, Concession 1, Plan 489, Pickering, has been ap- proved by the Council of The Corporation of the Town of Pickering and the Regional Municipality of Durham, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement 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 Blocks 77 and 78, Plan 40M-1272; part of Lot 25, Concession 1; part of the road allowance between Lots 24 and 25, Concession 1; and the 50 foot triangle abutting the road allowance between Lots 24 and 25, Concession 1, Plan 489, Pickering, included in Draft Plan 18T-66037 (Runnymede Development Corpo- ration Limited). BY-LAW read a first, second and third time and finally passed this 17th day of October, 1988. �� TOWN OF PIC!<ERING APPROVED AS TO FORM IEGA� DEPT, , /._ � �t- i i R �� �` ;;._r � � �� � � THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO?926 /gg Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot Z1, Concession 1, Pickering (Draft Plan 18T-86037; Runnymede Development Corporation Limited). WHEREAS the proposal to subdivide and register a plan of subdivision of Blocks 77 and 78, Plan 40M-1272; part of Lot 25, Concession 1; part of the road allowance between Lots 24 and 25, Concession 1; and the 50 foot triangle abutting the road allowance between Lots 24 and 25, Concession 1, Plan 489, Pickering, has been ap- proved by the Council of The Corporation of the Town of Pickering and the Regional Municipality of Durham, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement 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 Blocks 77 and 78, Plan 40M-1272; part of Lot 25, Concession 1; part of the road allowance between Lots 24 and 25, Concession 1; and the 50 foot triangle abutting the road allowance between Lots 24 and 25, Concession 1, Plan 489, Pickering, included in Draft Plan 18T-86037 (Runnymede Development Corpo- ration Limited). BY-LAW read a first, second and third time and finally passed this 17th day of October, 1988. TOWN OF PICICERING APPROVED AS TO FORM LEGAL DEPT. Schedule A THIS AGREEMENT made this 17th day of October, 1988 B E T W E E N: RUNNYMEDE DEVELOPMENT CORPORATION LIMITED 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 Blocks 77 and 78, Plan 40M-1272; part of Lot 25, Concession 1; part of the road allowance between Lots 24 and 25, Goncession 1; and the 50 foot triangle abutting the road allowance between Lots 24 and 25, Concession 1, Plan 489, all in the Town of Pickering in the Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-86037, as revised; 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 follows: 1. LAND AFFECTED The lands affected by this Agreement (the "Lands") are Blocks 1 to 6, both inclusive, Plan 40M- , Pickering. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before June 30, 1989, 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. �Z) Schedules A and B attached hereto shall form part of this Agreement. 5. 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 Pickering, 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 ]ands upstream of the plan of subdivision, according to designs approved by the Director of Public 49orks and according to the specifications of the Town in effect at the date hereof and shali maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) 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 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. 2 11. 12. 13 14. (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. 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 shal] keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. ROADS - PAVED (1) The Owner shall construct the road shown on the plan of subdivision according to the Town's specifications for paved roads of the Town in ef£ect 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 assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. CURBS & GUTTERS (1) The Owner shall construct curbs structed pursuant to section 12, Town in effect at the date hereof formally accepted by the Town. and gutters on the road Lo be con- according to the specificatians of the and shall maintain them until they are (2) If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. SIDEWALKS (1) The Owner shall construct the following segments of sidewalk, in each case within six months immediately following the occupancy of the first dwelling unit to be occupied on any block adjacent to that segment despite the provisions of section 1 of Schedule A: (a) (b) adjacent to Blocks 1, 2 and 7, on the east side of Glen Eden Court; and adjacent to Blocks 5 and b on the east side of Glen Eden Court. (3) Despite the provisions of subsection (2), where the occupancy of the first dwelling unit occurs in November or December of any year, the time limit for construction af the adjacent sidewalk segment shall be extended to 7une 30 in the following year. (4) The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town. 3 15. ELECTRICAL SERVICES Where electricity, cable televiaion service or telephone service is to be provided to any block in the plan, it shall be provided underground and in accordance with the standards and specifications of Pickering Hydro-Electric Commission, Pickering Cable T. V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (1) The Owner shall install street ligkts, including poles and other necessary appurtenances, on the proposed street in the plan. (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 he under the supervision and inspection of Pickering Hydro-Electric Commission. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $1,190 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 sha11 pay the costs incurred therefor within 30 days of invoices heing 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. 18. 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 beha]f of the Owner in the plan of subdivision and elsewhere. {z) The amount of the Policy shall be $5,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewa] or renewals within 30 days of the account therefor being rendered by the Town. (4) It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 19. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60$ 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, n (a) (b) (c) guaranteeing the satisfactory construction, installation or perfor- mance of the works; guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; 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 Director of Public Works. (2) The Owner may, at any time after the first 50$, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation ar performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) (b) and sixty per cent (60$) of the original value where no certificate or declaration of substantial performance has been made; thirty-five per cent (35$) of the original value where, (i) (ii) a certificate or declaration of substantial performance has been published; 45 days following such publication have expired; and (iii) all liens that may be claimed required to be retained by the have been satisfied, discharged meni into court; against any holdback Town have expired or or provided for by pay- (c) seventeen per cent (17$) 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- men� 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 Owner 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 Specifications in effect at the date of this Agree- ment, 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 suit- able 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. (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 oginion of the Director of Public Works, drainage prablems 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 ta correct such problems. (6) Despite any time licnit 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 first 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 wYiting 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 underetood 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 considerationa, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Glen Eden Court as public highway upon the registration 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 7, 8 and 9(future road); (h) Blocks 11 and 12 (Dixie Road reservea). (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 water drainage and management facilities both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (Z) Such easementa shall be subject to the approval of the Director of Public Works or his deaignate as to their location and width. (3) The conetruction 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 block line. (b) Continuation of Existin¢ 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. 7 (c) Public Landa - 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 plan of subdivision without the written consent of the authority responsible for auch lands. (ii) On request, to aupply 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 existing services and utilities caused by the subdiviaion 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 thia 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 Unlesa 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 ereet 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 Plowing & Sanding of Roads (i) If, in the opinion of the Director af 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 � 26 27 (1) 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 Worka deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. 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 subdiviaion work, he has found or re-established all standard iron bara 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. CONSTRUCTTON & 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) (3) (4) No building or part of a building in the subdivision shal] be occupied except upon the issuance of a municipal occupancy permit. No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) (ii) ( iii ) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; Electric service is completed and in operation; 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, are required structed on public road. as in the opinion of the Director of Public Works, to be completed prior to occupancy have been con- the said road and extend to an existing maintained The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town, 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; (f) energy conservation measures; and (g) any other data or information required. � 28. 29 (3) The Owner ahall, prior to the issuance of any building permit for the conatruction 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) (b) the location of all buildings and structures to be erected and the location of all facilities and worka associated therewith; 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. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of, (a) $2,750 per unit if paid in 1988; (b) $2,875 per unit if paid in 1989; or (c) $3,U50 per unit if paid in 194� or later. for each dwelling unit to be erected in the Plan. (2) 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) In any event, the Owner ahall pay all levies payable under the provisions of this section in full no later than 18 months from the date of registra- tion of the plan. (4) 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. 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 $103,700 as security for the payments referred to in section 28 hereof. 30. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) (b) Taxes To pay the taxes in full on all the lands included in the plan of subdivi- sion, as required by law fram time to time. Local Improvements Prior to the improvement plan. (c) Interest registration of the plan, to prepay any outstanding local charges which are levied against any of the lands in the To pay interest at the rate of eighteen per cent (18$) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due datea. 10 � (d) Registration Fees To pay all registration costs incurred by the Town relating in any way to the regiatration of the plan of subdivision or any other related documen- tation, including tranafers, 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 claima, actions or demands for liens or otherwise and all costs in connection therewith. 31. 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 Qwner ahall 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. 32. PROVISION OF PARKLAND (1) The Partiea acknowledge that, in the conveyance of parkland for the Owner's various previoua plans of subdivision within the Town, the Owner has provided, as of the date hereof, 0.3639 hectare of parkland in excesa of that required, and that the Owner therefore has a 0.3639 hectare parkland eredit. (2) Upon the registration of this plan, 0.1636 hectare shall be deducted from that 0.3639 hectare parkland credit in full satisfaction of the Owner's obligation to provide parkland for this plan, thus reducing the Owner's parkland credit to 0.1953 hectare. 33. STREET TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 34 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 34 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. 34. TREE PRESERVATION & OFF-STREET TREE PLANTING (1) The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation and Planting Program indicating which existing trees shall be preserved and where off-street trees shall be planted in the plan. 11 (2) The Program shall be submitted ta the Director of Planning for review and approval, and, once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Program, the Director shall be 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 be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. (5) In the event that any tree required to be preserved by the approved Tree Preservation and Planting 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 species determined by the Director; such replacement shall be at no cost to the Town. (6) The Owner's liability under subsection (5) shall continue until, (a) where the lands upon which the tree is located comprise a res- idential 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 compriae lands oYher than a residential building lot, the expiry of the guarantee period referred to in section 1 of Schedule A of this Agreement. (7) The Owner shall plant coniferous trees on Lot 3, Plan 489, Pickering, having a minimum height of 1.8 metres, in accordance with the Landscape Plan prepared by Milus, Bollenberghe, Topps, Watchorn and dated July, 1987, and the provisions of subsectians (5) and (6) of this section shall apply mutatis mutandis. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED RUNNYMEDE DEVELOPMENT CORPORATION LIMITED THE CORPORATION OF THE TOWN OF PICKERING John . An erson, Mayor ruce ay or, er 12 ENCUMBRANCER This Agreement ahall have priority over and take precedence over all of the rights or intereats of whether or not any such right or interest was established or aroae prior to the date hereof and whether or not such right or interest is set out in or azises 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 thia Agreement. Dated at , , 1988. SIGNED, SEALED & DELIVERED 13 1. SCHEDULE A TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (1) In this section, "preservicing" 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 meanin g . (2) The Owner may undertake preservicing limited to earthworks (including preliminary grading, soil movement and storage) only with the prior written approval of the Town which may be issued by the Town's Legal Services Department only after the Owner has, (a) (b) executed this Agreement; supplied a satiafactory liability insurance policy pursuant to section 18; (c) provided a Grading Control Plan submission pursuant to section 20 which has been approved, subject only to the provision of corrected drawings, by the authorities referred to in section 20(3); and (d) submitted a Tree Preservation and Planting Program pursuant to section 34 which has been approved by the authority referred to in section 34(2). (3) 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, (4) (a) (b) (c) executed this Agreement; supplied a satisfactory liability insurance policy pursuant to section 18; supplied a satisfactory performance and maintenance security pursuant to section 14; (d) provided a Grading Control Plan submission pursuant to section 20 which has been approved, subject only to the provision of corrected drawings, by the authorities referred to in section 20(3); and (e) submitted a Tree Preservation and Planting Program pursuant to section 34 which has been approved by the authority referred to in subsection 34(2). Despite the provisions of subsections (2) and (3), preservicing limited to, (a) (b) (c) (d) (e) (f) (g) making soil quality and compaction tests, surveying the boundaries of the Lands and of proposed lots, blocks and roads thereon, marking existing and proposed grade elevations, tests and examinations of the Lands necessary for the preparation of required pre-development studies, compliance with an approved Tree Preservation and Planting Program; lawful erection of permitted signs, or any combination thereof, shall not require the prior written approval of the Town. A-1 (5} The Owner shal] 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 subsections (2) or (4}, or both) has occurred with or without the Town's approval, or (b) within two years of that date if no preservicing (except pre-servicing limited to that described in subsections (2) or (4), or both) has occurred. (6) The Owner shall 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. 3. FENCING (1) Prior to the occupancy of any dwelling unit on any of Blocks 1, 5, 6 or 7, the Owner shall construct a 1.8 metre high wood privacy fence along the north and east boundaries of the plan from the northwest corner of Block 5 along the rear of Blocks 5, 6, 7 and 1 to the southeast corner of Block 1. (2) The fencing required to be constructed pursuant to subsection {1) 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 425f76, as amended from time to time, or any successor thereto. 4. DWELLING UNIT COUNT (1) In the event that more than 34 units (5 on Block 1, 8 on Block 2, 4 on Block 3, 8 on Block 4, 6 on Block 5 and 3 on Block 6), are to be constructed in this plan pursuant to this Agreement, an amendment to this Agreement shall be required. (2) In the event that less than 34 units (as described in subsection (1)) are to be constructed in this plan pursuant to this Agreement, (a) the amount payable to the Town pursuant to section 17(1), (b) the amount ;of the deduction to the Owner's parkland credit set out in section 32(2), and (c) the amount of the security to be provided to the Town pursuant to section 29, shall be pro-rated accordingly by the Town without an amendment to this Agreement. A-2 5 � CONTRIBUTION TO DOWNSTREAM SERVICE COSTS The Owner shall, immediately prior to the registration of the plan, pay to the Town the sum of $1,580 as its contribution to the cost of the Pine Creek Storm Water Management Project, being a storm water management project located between Highway 2 and Highway 401 and serving, in part, the ]ands in this plan. KINGSTON ROAD (HIGHWAY 2) Ib1PROVEMENTS (1) In the development of the plan, the Owner shall improve Kingston Road adjacent to the plan as if that portion of Kingston Road were within the plan. (2) In subsection (1), the term "improve" includes, (a) construction and installation of storm sewers appurtenances; (b) construction and installation of curbs and gutters; (c) construction and installation of sidewalk; (d) construction, grading and sodding of the boulevard; (e) upgrading existing street lighting, on the north side of Kingston Road adjacent to the plan. and related and (3) All works constructed or installed pursuant to this section shall be subject to the approval of the Town's Director of Public Works and the Ministry of Tranportation. , A-3 SCHEDULE B 1. SPECIAL PROVISIONS REQUIRED SY THE REGIONAL MUNICIPALITY OF DURHAM The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval (hereinafter referred to as the "Approval"), dated October 26, 1987, of Draft Plan 18T-86037 (Revised) by the Commissioner of Planning of the Regional Municipality of Durham 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. CANADIAN NATIONAL RAILWAY The Qwner shall insert the following clause in the sale and purchase agreement for each lot (sic): "All persons intending to acquire an interest in the real property by purchase or lease are advised of the existence of the right-of-way of the Canadian National Railway. In future, it is possible that such rail facilities may be altered or expanded, which expansion or alteration may affect the living environment of residents despite the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units and that the Canadian National Railway will not be responsible for complaints or claims arising from its use of its facilities and/or arising from its operations." 3. MINISTRY OF THE ENVIRONMENT ("M.O.E.") (1) The Owner agrees to implement those noise control measures recommended in the acoustic report required in Condition B of the Approval. (2) The owner shall insert the following clause in the Sale and Purchase Agreement for each lot (sic): "Deapite the noise control features within the development area and/ar within the individual dwelling unit, noise levels from the adjacent Highway No. 2 may occasionally interfere with some activities of the dwelling occupanta." !�! 1. 5CHEDULE C FUTURE CONTRIBUTIONS TO OVERSIZING COSTS (1) In the event that the storm water drainage and management system required by the Town to be constructed by the Owner pursuant to the provisions of section 10 of this Agreement is to be of a larger capacity, in whole or in part, than necessary to service all the lands in the plan of subdivision, then the provisions of this section shall apply. (Z) Within 60 days of the verification by the Town's Director of Public Works, of the satisfactory completion of the storm water drainage system, or any part thereof, as the case may be, as provided for in section 19(3) of this Agreement, the Owner's Consulting Engineer shall provide to the Town, in a form satisfactory to the Town, (a) a detailed summary of the Owner's actua] cost of the design and construction of the required storm water drainage and management system, excluding ]ateral connections but including the costs of acquisition of lands outside the plan; and (b) a detailed estimate of system been required the plan. the Owner's probable cost thereof had the by the Town to service only the lands in (3) Within 30 days of the receipt by the Town of the summary and estimate referred to in subsection (2), in a form satisfactory to the Town, the Town Manager shall determine and notify the Owner in writing of the followin g : (a) the area of the lands outside the plan of subdivision, if any, that the storm water drainage and management system shall be deemed to service for the purposes of this section (the "external lands"); (b) the portion of the Owner's actual cost, referred to in subsection (2), that the Town shall deem to be applicable to the external lands for the purposes of this section (the "oversizing cost"); and (c) the amount of the oversizing cost that the Town shall deem to be applicable to each hectare of the externa] lands (the "per hectare oversizing cast"), and that determination shall be final. (4) In the event that the external lands, or any part thereof, are to be developed by plan of subdivision, plan of condominium or any other method requiring a development agreement, then the Town shall endeav- our to ensure that the owner thereof pays to the Owner herein, prior to the development of those lands, all or an appropriate portion of the oversizing cost, (5) (a) calculated according to the gross area immediately prior to devel- opment of the external lands to be developed and the per hectare oversizing cost, and (b) adjusted annually, for a maximum of five years from the date of the notification referred to in subsection (3), above, according to the Southam Construction Cost Index for Ontario, composite portion. In consideration of the Town approving the plan of subdivision and entering into this Agreement with this section included, the Owner here- by, (a) (b) remises, releases and forever discharges, and agrees to indemnify and save harmless, C-1 the Town, ita officers and employees and their respective heirs, execu- tora, administrators, successors and assigns, of and from all actions, cauaes of action, accounts, claims, debts, damages, demands, and costs associated therewith, arising, to arise or which may hereafter be brought against them, or any of them, by or on behalf of the Owner, or any other person, because of the provisions of this section or any error, omission, failure or negligence in the application thereof. G2 .�� � Sr'8(,�37 Resolution N87/87 Moved by Councillor Robertson Seconded by Councillor Mitchell That Town Council recom�nd to Regional Council that Draft Pian of Subdivision 18T-86037, submitted by Runnymede Development Corporation Limited on lands being Blocks 77 and 78, Plan 40M-1272 and Part of Lot 25, Concession 1 be APPROVED to permit a maximum of 34 dwelling units subject �o �� following conditions a�d revisions: 1. That this recomnendation apply to the plan prepared by M. M. Dillon Ltd, dated June 9, 1986, subject to changes in "red°, bearing the Town's Recommendation stamp. 2. That the ow�er make satisfactory arrangements with the Town regarding the required parkland dedic�tion. 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 dedlcate all road allowances with proper corner roundings and sight triangles to the Town. COUNCIL AUG 4 l5n � � DURHAM rne Apionn MunieioH�h/ ot Ournam w.����q D�P�rtmanf Box 823 t 05 Conwm�n Dr. Whitby, O�t�rio Gnatl; L1N EA3 csiel eeea�3� Dii. M. R. MICHAEL, M.C.I.P. Commission�r at Planninq � � October 26, 1987 Mr. T. Magi Planning rector i'own of ickering 1305 ickering Pkw, Pi ering, Ontario V 3P2 Dear Sir: Please C ':e Ref. No.1980 R�,�I�ED �' � NOV 3 i98T S�LlC1TCR TOIVP� Of PICKERING RG�: ,. „ .� :.r Q�A i� '�8i TOWB Oi DIC::c:tING ptANNING DFDA0.TMENT R¢: Proposed Plan of Subdivision Region of Durham File: 18T-86037 Owner: Runnymede Oevelopment Corp. Ltd. Municipality: Town of Pickering The above draft plan of subdivision was approved today subject to the conditions attached herewith. A copy of the draft approved plan bearing the approvab signature is also attached for your record. Please inform us when the applicant has met those conditions pertaining to the requirements of your municipality. It shouid be noted that we require a brief but complete statement indicating how each of the conditions, with which your municipality is concerned, has been satisfied. Your letter of clearance should be addressed to the undersigned with copy sent to the Clerk of the Regional Municipality of Durham at 605 Rossland Road East, P.O. Box 623, Whitby, Ontario, L1N 6A3. Yours very truly, �,�.�G� Franklin Wu, Mana9er Current Operations Branch. :SEE2/jh Encls. Conditinns af AQproval Draft Approved Plan �L•� -G'. c�.'�,"7" c' ' a� �� L�^' ��/ '_�. , wo,..,..—_ t �.r�.�.-.� . •'- ti_ Attachment to lette. �ated October 26, 1987 From: Dr. M, Michael, Cortmissioner of Planning To: Runneymede Development Corp. Ltd. He: Pian of Subdivision 18T-8b037 Town of Pickering . , CONDITIONS OF APPROVAL OF fINAL PLAN FOR REGISTRA7ION FO^ 7HIS PLAN OF SUBDIVISION ARE AS FOLLOWS: 4� - GC � - ro•sr.� o. _�c.:_...::a a�anrn:e, �:,a:�:.:e;�r � That this approval applies to draft plan of subdivision 1$T-86037, prepared by M.M. Dillon Ltd. identified as number 1402-04 revised and dated June 6, 1986 which is revised in red as per attached plan showing 6 blocks for a maximum of 34 single attached dwelling units and 3 blocks for future uses. (2} That the road allowances included in this draft plan shall be ` dedicated as public highway. jThat the road allowances included in this draft plan shall be named to the satisfaction of the Region of Durham and the Town of Pickering. 4Cj That Block(s) G,H, 5 I shall be conveyed to the Town of Pickering for future road purposes. � That 0.3 metre reserve(s) as shown as Slock(s) J,L 6 M shall be conveyed to the Town af Pickering, 6�, 7hat the owner agrees to dedicate ali road allowances with proper corner roundings and sight triangles to the 7own. JThat the owner shall upgrade Highway No. 2 across the frontage of the 'subject property to full urban standards. 8, That a �.3 m reserve as shown as Block K along the entire Highway No. 2 i�L fronta9e of the property be conveyed by deed to the Ministry of � Transportation and Communications. 9. That, prior to final approval. the owner shall submit for approval by the �(, Ministry of Transportation and Communications a drainage plan showing the M� intended treatment of the calculated runoff. 10 That the owner shall convey land to the Town of Pickering for park or other public recreational purposes in atcordance with the Planning Act. Alternatively, Lhe municipality may accept cash-in-}ieu of such conveyanc?. �1 7hat such easenents as may be required for utilities, drainage and servicing purposes shall be granted to the appropriate authority. rr--- G� -z- 12 That the uses shown on the approved draft plan sha11 be zoned in an appropriate zoning by-law passed by the Council of Lhe Town of Pickering in effect in accordance with Lhe Planning Act. 1�3 That the ormer shall submit to the Ministry of the Envirornnent for review and approval, an acoustic report to be prepared by an �0� acoustic engineer, recommending the necessary noise attenuation measures. 14. That the owner sha11 provide for the extension 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 sha11 provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are requireA to service other developments external to his subdivi.sion. Such sanitary sewer and water supply facilities are to be designed and constructed as per the standards and requirements of the Region of Durham; 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. 15. That prior to entering into a subdivision agreement the Region of Durham shall be satisfied that adequate water �ollution control plant and water supply plant capacity are available to the proposed subdivision. t�6. That prior to final approval of the plan, the owner sha11 satisfy all requirements, flnancial and otherwise, of the Town of Pickering. This shall include, among other matters, execution of a subdivision agreement between the owner and Lhe Town of Pickering, concerning the provi.sion and installation of roads, services and drainage, and other local services. 17. That prior to final approval of the plan, the owner shall satisfy alt requirements, financial and otherwise, of the Region of Durham. This shall include, among other matters, ezecution of a subdvision agreement between the owner and the Region of �urham concerning the provision and installation of sanitary sewer, water supply, roads and other regional services. 1�8 That the subdivision agreement between the owner and Town of Pickering shall contain, among other matters, the following provisions: a) The owner agrees to impiement those noise control measures as N,�� 13commended in the acoustic report as required in condition �,-� � r...,,.._ _ � �� b) The owner agrees to insert Lhe following clauses in the sale and purchase agreement far each 1ot: , i. "Despite the noise control features within the development area � 0� andlor withln the individual dwelling unit, noise levels from the adjacent Highway No. 2 may occasionally interfere with some activities of the dwe111ng occupants." ii. "All persons intending to acquire an interest in the real property by purchase or lease are advised of the existence of the � right-of-way of the Canadian National Railway. In future, it is �� possible that such rail facilities may be altered or expanded, which C expansion or alteration may affect the living environment of residents despite the inclusion of noise and vibration attenuating measures 1n the design of the subdivision and individual units end that the Canadian National Railway wi11 not be responsible for complaints or claims arising from its use of its facilities and/or arising from its operations." c) The owner shall submit an architectural statement addressing the details of driveway design and garage sizes within the culs-de-sac and other similar areas of road design and the statement shall require that attached units be designed using a single entity architectural design theme. d) The owner shall submit a detailed tree planting programme to the Town. e) The owner shall construct of a 1.8 metre solid wood fence in conjunction with any required retaining wa11 along the east limit of the plan adjacent to Blocks "A", "F" and "G" adjacent to the abutting residential property and along the north limit of Blocks "E" and "F" where a fence of such specifications is not already provided. f) The owner shall plant coniferous trees on Lot 3, Plan 489 (also being Part 1, P1an 40R-1923) having a minimum height of 1.8 metres, in accordance with the landscape plan prepared by Milus, Bollenberghe, Topps, Watchorn dated July 1987 (received by Town Planning Department on July 21, 1987). 19. That prior to final approval, the Commissioner of Planning for the Region of Durham, shall be advised in writing by: a) Town of Pickering, how conditions 1,2,3,4,5,6,7,10,11,12,13,16 & 18 have been satisfied; b) Mlnistry of Transportation and Communications, how conditions 8& 9 have been satisfied; c) �4inistry of the Environment, how conditions 13,18a) 8 18b)i have been satisfied. d) Canadian Nationial Railway, how condition 18b)ii has been satisfied. � �,- _ • ��— � � -4 - NOTES TO DRAfT APPAOYAL 1. As aNner of the proposed subdivision, it is in your interest as well as your responsib111ty to satisfy all conditions of approval in an expeditious manner. 2. All plans of subdivision must be registered in the land titles system wlthin the Durham Region. 3. Where agencies requirements are contained in the subdivision agreement a copy of the agreement shall be sent to these agencies in order to facilitate theic clearance for final approval. These agencies are: a) Mr. D.Pir1e, Ministry of the Environment, 7 Overlea 81vd., 4th Floor, Don Mills, Ontario M4H 1A8. b) Mr. J.C. Natsh, P. Eng., Industrial Development Engineer, CN, Regional Engineering. Suite 505, 217 Front Street West, Toronto. Ontario, MSY 2X7. 4. CONVEYANCE OF RESERVE The ministry uses a 0.3m reserve to notify the public that access to the Provincial highway w111 not be granted across the reserve. It should be shown as a block on the final plan. Deeds in duplicate conveying Block P1an 40M to the "Queen in the right of the Province of Ontario as represen�dby tlie Minister of Transportation and Communications" together with the proposed final plan should be sent to: Mr. A. Zembal Corrldor Control Section M9nistry of Transportation & Communications 2nd Floor, West Buitding 1201 Wilson Avenue Downsview, Ontario M3M 1�8 All existing entrances crossing a 0.3 metre reserve must be removed at the owner's expense after registration of the plan. . „_� � �..,.t_ . •-•-- 4' � � ...----.:.� .. -•=- ,�� �. ^���I�� � �ii w..� --�'°_ �!� -' w� += � � ; �� � w.� - ������ � -�w� A� � �/���� 111�1% .,, •r �. I1����.� ��11�� �� ; �� ��;; �� '! ��i � �'1�'1 � I�i��'1 � p ���i ��: .���i�� f , �� � �1��� � � � � ���� �� . �� � .� t������ ��� �1■ � �� � � ��i � • �� �� � , ��� ! �����a������ �, ��� ' I� � 1�1 „_ �� ;; ,,, „ i�� , f,� 1i� g3i ��� � ��� I � e9s � � ! �'i ��4 � � ��� :�� � � t �!f 4{► � � ,,. � .+ �'``� z .,w a� .�r" ��, i�i i � �:. ii � � / e. 1 e° Y ! O� ` �t� � 0 Q �� �0 a � -* Y/t } : Q �/ // / / / ' vi E� �r i ., (1�5 � � {Y � a �, � � ���.i ��i��e i i �� i �i, �: �-� � The Town of Picl<ering LEGAL DEPARTMENT Runnymede Development Corporation - 18T-86037 - Subdivision Agreement