HomeMy WebLinkAboutBy-law 2977/88THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW N0.2977 /88
Being a by-law to authorize the execution of a
Subdivision Agreement respecting the development
of Part Lot 19, Concession 1, Pickering (Draft
Plan 18T-84�26, 387798 Ontario Ltd.)
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 19,
Concession 1, Pickering, has been approved by the Council of The Corporation of the
Town of Pickering 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 19, Concession 1, Pickering, respecting Draft Plan 18T-84026
(387798 Ontario Ltd.).
IIY-LAW read a first, second and third time and finally passed this 19th day of
December, 1988.
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Wayne A hurs, Mayor
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TOWN OF
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PLAN OF SUBDIVISION OF
PART OF LOT 19 CONCESSION I
TOWN OF PIG�KERING
REGIONAL MUNICIPALITY OF DURHAM
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SCALE — 1 ' 750
JOHN McSKIMMING — O L S.
1987
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THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.29�� /88
Being a by-law to authorize the execution of a
Subdivision Agreement respecting the development
of Part Lot 19, Concession 1, Pickering (Draft
Plan 18T-S4026, 387798 Ontario Ltd.)
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 19,
Concession 1, Pickering, has been approved by the Council of The Corporation of the
Town of Pickering 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 19, Concession 1, Pickering, respecting Draft Plan 18T-84026
(387798 Ontario Ltd. ) .
BY-LAW read a first, second and third time and finally passed this 19th day of
December, 1988.
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Wayne A hurs, Mayor
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B ce Tay r, • lerk
TOWN OF
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PLAN OF SUBDIVISION OF
PART OF LOT 19 CONCESSION I
TOWN OF PIG�KERING
REGIONAL MUNICIPALITY OF DURHAM
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SCALE — I '. 750
JOHN McSKIMMING — O L S
1987
METFIC DISTANGES 9HOWN ON THIS PLAN APE IN METPES ANO
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THIS AGREEMENT made this day of , 1988
B E T W E E N:
387798 ONTARIO LTD.
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 19, Concession 1, in the
Town of Pickering in the Regional Municipality of Durham, and to register a plan of
subdivision of those lands, as shown on a draft plan of subdivision designated as
Draft Plan Number 18T-84026;
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:
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2.
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LAND AFFECTED
The lands affected by this Agreement (the "Lands") are Lots 1 to 10, both
inclusive, and Block 11, Plan 40h1- , Pi�kering.
CANCELLATION OF AGREE�1ENT
In the event the plan of suhdivision 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.
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" , and the pronoun "it" is
used, it shall be read and construed as "Owner or Owners", and "his",
iz)
5. TIME
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"her" or "them", respectively, and the number of the verb agreeing
therewith shall be construed accordingly.
Schedules A and B attached hereto shall form part of this Agreement.
Time shall be of the essence of this Agreement.
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.
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.
OWNER'S GENBRAL UNDERTAKING
The Owner shall complete at its own expense and in a good
ner, for the Town, all the municipal services as hereinafter
satisfaction of the Town of Pickering, and shall complete,
payment for such other matters as may be provided for herein.
CON5ULTING ENGINEERS
workmanlike man-
set forth to the
perform or make
(1) The Owner shali 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 develop ment of the plan of
subdivision .
(2) Such Consulting Engineer, or any
retained until the work provided
formally accepted by the Town.
STORM DRAINAGE
successor thereto, shall continue to be
for in this Agreement is completed and
(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 �'lorks and according to the
specifications of the Town in effecx at the date hereof and shal] 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 �Vorks 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.
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(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 - PAVED
(1) The Owner shall reconstruct Royal Road adjacent to the plan of subdivi-
sion according to the Town's specifications for paved roads of the Town
in efFect at the date hereof.
(2) The Owner shall maintain and repair roads where construction has taken
place or that are used by construction traffic entering the plan of subdi-
vision 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 roads to be reconstructed that construction is taking place.
(4) Such signs and the location thereof are subject to the approval of the
Town's Director of Public Works.
(5) 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. CURBS & GUTTERS
(1) The Owner shall construct curbs and gutters on the roads to be recon-
structed pursuant to section 11, according to the specifications of the
Town in effect at the date hereof and shall maintain them until Yhey are
formally accepted by the Town.
(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.
13, SIDEWALKS
(1) The Owner shall construct the following segment of sidewalk in accordance
with the time limits set out in section 1 of Schedule A:
(a) along the south side of Finch Avenue adjacent to Block 11.
(2) The Owner shall construct the following segment of sidewalk, within six
months immediately following the occupancy of the first dwelling unit to
be occupied on any lot adjacent to that segment, despite the provisions of
section 1 of Schedule A:
(a) adjacent to Lots 1 to 10 on the east side of Royal Road and on
the south side of Finch Avenue.
(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 of the adjacent sidewalk segment shall be extended to
June 30 in the following year.
(4) The Owner shall maintain each sidewalk segment unti] it is formally ac-
cepted by the Town.
14. 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 Pickering Hydro-Electric Commis-
sion, Pickering Cable T.V. Limited or Bell Canada, as the case may be.
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16
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STREET LIGHTING
(1) The Owner shall upgrade street lighting, as required, on Royal Road,
Finch Avenue and Brock Road, including poles and other necessary
appurtenances.
(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 tJtilities Guide to
Municipal Standard Construction.
(4) The installation of street lighting and its related services shall be under
the supervision and inspection of Pickering Hydro-Electric Commission.
INSPECTIONS
(1) Prior to the registration of the plan, the Owner shall pay to the Town
the sum of $350 as an engineering drawing inspection fee.
(2) All works required to be constructed by the Owner, except those re-
ferred to in sections 14 and 15 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
be limited to, salaries
tration fees.
LIABILITY INSURANCE
in subsection (2) may include, but not necessarily
and wages of Inspectors, testing fees and adminis-
(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 $5,000,000.
(3) In the event any renewal premium is not paid, the Town, in order to
prevent the lapse of such Liability Insurance Policy, may pay the renewal
premium or premiums a�id the Owner shall pay the cost of such renewal or
renewals within 30 days of the account therefor being rendered by the
Town.
(4) It shall be the responsibility of the Owner to notify the Town of the
dates for the renewal of the premium of the said policy and to supply
proof that the premium of the said policy has been paid in order that the
protection provided by the Liability Insurance Policy shall not lapse.
18. PERFORMANCE & 69AINTENANCE GUARANTEE
(1) Before commencing the construction, installation or performance of any of
the works provided for herein, the Owner shall supply the Town with a
60$ 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,
(a)
(b)
guaranteeing the satisfactory construction, installation or perfor-
mance of the works;
guaranteeing the payment of any amounts payable to the Town
under section 16 of this Agreement;
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a
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(c) guaranteeing the payment of any amount that the Town may be
required to pay under the proviaions 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$, in value, of works have
been conatructed, installed or performed, and paid for, apply for a
reduction in the security and such application shall be made to the Tawn
Treasurer.
(3) Upon written verification from the Director of Public Works that the
construction, installation or performance of the works for which reduction
is being sought have been satisfactorily completed and paid for, the Town
Manager may reduce the amount of the security to an amount not less
than,
(a)
(b)
and
(c)
sixty per cent (60$) of the original value where no certificate or
declaration of substantial performance has been made;
thirty-five per cent (35$) of the original value where,
(i)
(ii)
a certificate or declaration of substantial performance has
been published;
45 days following such publication have expired; and
(iii) all liens that may be claimed against any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
seventeen per cent (17$) 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 6e provided in subsection 1, the Town Manager or the Town
Treasurer shall provide to the Owner any necessary assurance to effect
the reduction.
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.
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(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 ahall not provide for the drainage of surface run-off water
onto Town-owned parkland, open space or walkways unlesa provision is
made for the installation by the Owner, at no coat to the Town, of suit-
able swalea and catch basina 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 opinion of the Director of Public Works, drainage problems
occur prior to formal acceptance of the works in the plan of aubdiviaion
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 groblems.
(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 followin�g 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 Sune 30 in the following year.
20. INGOMPLETED 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 fuIl 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 �Vorks,
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.
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21. TRANSFERS - EASEMENTS
(1) The Owner shail arrange at no cost to the Town for granting to the Town
auch easementa as the Director of Public Worka or his designate shall
deem neceaeary for the provision of atorm water drainage and management
Facilities both within the boundariea of the plan of subdivision and across
lands adjacent thereto but outside its boundaries.
(2) Such easements shall he 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 easementa referred
to in subaection (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 acroas
which the easement shall lie.
22. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a)
(b)
(c)
(d)
(e)
(f)
Paving of Driveway Approaches
To pave all driveway approaches between the•curb and sidewalk.
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.
Public Lands - Fill & Debris
(i) Neither to dump nor to permit to be dumped, any fi]] or debris
on, nor to remove or permit to be removed, any fill from any
public lands, 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 5ha1] be no burning of refuse or debris upon its lands
or any public lands.
Construction Traffic
W herever 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.
Qualitative or Quantitative Tests
The Director of Public �Vorks 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 3Q days of the account
being rendered by the Town.
Relocation of Services
(i) To pay the cost of relocating any existing 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.
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23.
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(8)
(h)
(i)
(j)
(k)
SpEdficstiona
Unlest otherwise provided, to perform any work required to be done
under thia Agreement to the specifications of the Town in effect at the
date hereof.
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.
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.
Engineering Drawings
Prior to the final acceptance of the su6division, to supply the Town with
the original drawings of the engineering works for the plan of subdivi-
sion, with amendments, if any, noted thereon.
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 all 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.
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 praviding.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)
(ii)
(iii)
(iv)
Storm sewer, sanitary sewer and water facilities are installed and
in operation to adequatelv serve such building or �art 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
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.
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.
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25
26.
(2) The report referred to in subsection (1) may be required, at the Direc-
tor'e option, to provide the following information:
(a) houae massing;
(b) atreetscape;
(c) exterior materials and colours;
(d) architectural style;
(e) viaual variety;
(f) energy conaervation measures; and
(g) any other data or information required.
(3) The Owner shall, prior to the issuance of any building permit for the
construction 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) an y 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 1968;
(b) $2,875 per unit if paid in 1989; or
(c) $3,050 per unit if paid in 1990 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
of this section in
tion of the plan.
Owner shall pay all levies payable under the provisions
ful] no later than 18 months from the date of registra-
(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 refer'red
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 $30,500 as security for the payments referred to in section 28
hereof.
27. GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands included in the plan of subdivi-
sion, as required by law from time to time.
9
(b) Local Improvements
Prior to the release of the plan for registration, to prepay any
outatanding local improvement charges which are levied against any of the
lands in the plan of subdivision.
(c) Interest
To pay interest at the rate of eighteen per cent (18$) per annum to the
Town on all sums of money payable herein which are not paid on the due
dates calculated from such due dates.
(d) Regiatration 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.
28. 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.
29. PROVISION OF PARKLAND
Prior to the registration of the plan, the Owner shall pay to the Town the sum
of $18,375 in cash or by certified cheque, which sum the Town shall accept in
full satisfaction of the Owner's obligation to provide parkland.
30. TREE PLANTING
(1) The Owner shall plant on road allowances within or adjacent to the plan,
10 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 treea 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 10 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.
" 10
31. TREE PRESTRVATION
(1) The Owner ahall retain, at its own expense, a qualified expert to prepare
a Tree Preservation Program indicating which existing trees shal] be
preaerved.
(2) The Program shall be submitted to 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 ahall not com-
mence, nor allow to be commenced, any aspect of the development of the
lande 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 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) shall continue until,
(a) where the lands upon which the tree is located comprise a res-
idential building lot or block, tweive months after the completion
of the soddin� on the lot or block, or
(b) where the lands upon which the tree is located comprise lands
other than a residential building lot, the 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 a DELIVERED
387798 ONTARIO LTD.
THE CORPORATION OF THE TOWN OF PICKERING
ayne Art urs, ayor
Bruce aylor, er
11
1.
SCHEDULE A
TIME LIMIT FOR WORK & GUARANT�E FOR WORKMANSHIP & MATERIALS
(1) In this section, "preservicing" means the undertaking, prior to the
registration of this plan of subdiviaion, of any works or servicea required
to be undertaken by the provisions of this Agreement, on the Landa or
on any lands adjacent thereto, and "preaervice" has a corresponding
meanin g .
(Z) 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
Servicea Department only after the Owner has, .
(a)
(b)
(c)
(d)
executed this Agreement;
supplied a satisfactory liability insurance policy pursuant to
section 17;
provided a Grading Control Plan submission pursuant to section
19 which has been approved, subject only to the provision of
corrected drawings, by the authorities referred to in section
19(3); and
submitted a Tree Preservation Program pursuant to section 34
which has been approved by the authority referred to in sectian
31(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 O wner has,
(4)
(a)
(b)
(c)
executed this Agreement;
supplied a satisfactory liability insurance policy pursuant to
section 17;
supplied a satisfactory performance and mainteaance security
pursuant to section 18;
(d) provided a Grading Control Plan submission pursuant to section
19 which has been approved, subject only to the provision of
corrected drawings, by the authorities referred to in section
19(3); and
(e) submitted a Tree Preservation Program pursuant to section 31
which has been approved by the authority referred to in sub-
section 31(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,
testa and examinationa of the Lands necessary for the preparation
of required pre-development studies,
compliance with an approved Tree Preservation Program;
lawful erection of permitted signs, or
any combination thereof,
shall not require the prior written approval of the Town.
A-1
(5) The O�vaer ahall complete all works, services and requirements under this
Agreement.
(a) within one year of the date of registration of the plan of subdivi-
aion if preservicing (except pre-servicing limited to that de-
scribed in subaections (2) or (4), or both) has occurred with or
without the Town's approval, or
(b) within two years of that date if no preservieing (except
pre-servicing limited to that described in subsectiona (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 worke, ser-
vices and requirements under this Agreement for a period of two yeara
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. RESERVED FUTURE DEVELOPMENT BLOCK - BLOCK 11
(1) Block 11 shall be reserved for future residential development by plan of
condominium only; such development shall not commence without the prior
written approval of the Town which may be subject to conditions includ-
ing, but not necessarily limited to. an amendment to this Agreement.
(2) Until such time as Block 11 is developed in accordance herewith, the
Owner shall maintain it in a clean and orderly condition to the satisfaction
of the Town.
4, DWELLING UNIT COUNT
(1) In the event that more than 10 units (1 each on Lots 1 to 10) 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 10 units ias described in subsection (1)) are
to be constructed in this plan pursuant to this Agreement,
(a) the amounts payable to the Town pursuant to sections 16(1) and
29, and
(b) the amount of the security to be provided to the Town pursuant
to section 26,
shall be pro-rated accordingly by the Town without an amendment to this
Agreement.
A-2
SCHEDULE B
1. SPECIAL PROVISIONS REQUIRED BY THE REGIONAL MUNICIPALITY OF
DURHAM
The sectiona aet out in this Schedule represent proviaions 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 November 10, 1987,
of Draft Plan 18T-84026 by the Commiasioner of Planning of the Regional Munic-
ipality of Durham.
2. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY
("M.T.R.C.A.")
M.T.R.C.A. requires that,
(a) the Owner 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 Condition 7 of the Approval, and
(b) the Owner submit individual lot site and grading plans to
M.T.R.C.A. for its review and approval for Block 11 and Lots 1
to 10 inclusive prior to issuance of building permits by the
municipality.
B-1
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3. ppAiT M,AN OF SUBDIVISION AND
REZOlfI1� AKLICATION SUBMITTED
gy 387798 ONTA&IO LIMITED ON THE
SOUTHMEST CORNER OF FINCH AVENUE
AND BROCK ROAD
�C�I�� FILE NUMBER - B 4100 - 18T-84026
FILE NUMBER - B 2310 - A 26/84(R)
7
That Town Council recommend to Regional Council that Draft
Plan of Subdivision 18T-84026 (Revised April/87) submitted
by 387798 Ontario Limited (Coughlan Homes) on lands being
Part of Lot 19, Concession 1 be APPROVED AS REVISED subject
to the following conditions and revisions:
1. That this recommendation apply to the revised plan
prepared by Design Plan Services Inc., dated March
25, 1987, drawing number C-8706-1, subject to changes
in "red", bearing the Town's Recommendation stamp.
That the owner make satisfactory arrangements with
the Town regarding the required parkland dedication.
That the owner enter into a subdivision agreement
with and to the satisfaCtion of the Town.
4. That the owner make satisfactory arrangements with
the Town and Region regarding the provisions of all
services required by the Town.
5. That the owner make satisfactory arrangements with
the Town respecting the upgrading of Royal Road,
Finch Avenue and Brock Road to fuil urban standards
such as the provision of sidewalks, streetlighting
and boulevards.
That the owner make satisfactory arrangements with
the appropriate authorities regarding the provision
of underground wiring, street lighting, cable
television and other similar services.
7. That the owner submit for approval by the Town, site
plans and streetscape elevations showi�g the location
and relationship of all buildings prior to the
issuance of any building permits.
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) submit a detailed tree inventory and
preservation programme to the satisfaction of
the Town and agree that no trees be removed
untii such time as this progrartMne has been
approved by the Town except as authorized by
the Director of Parks and Recreation.
c) satisfy the Town's Director of Public Works
regarding Simcoe Engineering's comments
respecting stormwater management facilities;
d) satisfy the requirements of the Metropolitan
Toronto and Region Conservation Authority.
JUN $9 1yn�
/
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9. That the owner agree to convey to tfie Town any
easements as required.
10. That the owner submit an environmental noise analysis
to the Town and the Region of Durham for approval and
agree to undertake any work necessary as determined
by the report.
11. That Block 12 6e developed by �raft Plan of
Condominium.
4. DRAFT PLAN OF SUBDIYISION AND
REZONING APPLICATION SUBMITTED
BY 387798 ONTARIO LIMITED ON THE
SOUTHWEST LORNER OF FINCH AYENUE
��'�� 1 AND BROCK ROaD
FILE NUMBER - B 4100 - 18T-84026
FILE NUMBER - B 2310 - A 26/84(R)
That Zoning By-taw Amendment Application A 26/84 (Revised
ppril187) submitted by 387798 Ontario Limited (Coughlan
Homes} on lands being Part of Lot 19, Concession 1 be
APPROVED IN PRINCIPLE AS REVISED to implement development
as proposed by Draft Plan of Subdivision 18T-84026 (Revised
April{87) subject to the following condition:
1. that the implementing zoning by-law pertaining to
Block 12, not be forwarded to Town Council until the
Planning Department is satisfied respecting an
appropriate site plan.
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Attachment to letter dated November 10, 1987
From: Dr. M. Michael� Commissioner of Planning
To: Mr. J. F. Coughlan
Plan of Subdivision 18T-84026
ToMn ot Pickering
CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION FOR THIS PIAN Of
SUBDIVISION ARE AS fOLLONS:
That this appraval applies to draft plan of subdivison
18T-84026. prepared by Design Plan Services Inc. identified as
number C-8706-1 revised and dated Marcfi 25, 1987 which is
revised in red as per attached plan showing 10 sin9le family
lots, one future block and 1 reserve block.
2. That 0.3 metre reserve as shown as Block 12 shall be conveyed
to the Region of Durham.
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That the owner shall convey land to Lhe Town of Pickering for
park or other public recreational purposes in accordance with
the Planning Act. Alternatively, the municipality may accept
cash-in-lieu of such conveyance.
That such easements as may be required for utilities,
drainage and servicing purposes shall be granted to the
appropriate authority.
That the uses shown 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 .
6. 7hat the zoning by-law referred to in condition 5 shall
contain the appropriate provision(s) which will have the
effect of restricting the openings in all buiidings to
minimum elevations set in consultation with the Metropolitan
Toronto and Region Conservation Authority.
1. Prior to the initiation of grading and prior to the
registration of this plan or any phase thereof, that the owner
sfiall submit for the review and approval of tt�e Metropoiitan
Toronto and Region Conservation Authority, (a) a detailed
engineering and drainage report that destribes Lhe storm water
management techniques, the proposed methods for controlling or
minimizing erosion and siltation on-site and/or in downstream
areas during and after construction, location and description
of all outlets and other facilites which nay require permits
under Ontario Regulation 293/86; (b) plans for the proposed
flood danage reduction measures to be implenented for this
development; (c) overall grading plans for the subject lands.
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8. Prior to finai approval, the Ministry of the Environment is to
be notified by the Regional Municipaliiy of Durham that
adequate wattr supply and sewage treatment capacities are
available �Id have been aliocated to this development. •
,/9.� That the w�M� shall submit Lo the 7own of Pickering and the
�� Region of Durham, for review and approval, an acoustic report
to be prepa�eG by an acoustic engineer, recomnendi�g the
necessary noise attenuation measures.
10. That Lhe owner shall provlde 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 shali
provide for the extension of sanitary sewer and water supply
facilities within the limits of the plan which are required
Lo service other developments 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 Durham; all arrengements,
financial and otherwise, for said extensions are to be to the
satisfaction of the Region of Uurham and are ta be completed
prior to final approval.
11. That prior to entering into a subdivision agreement the
Region of Durham shall be satisfied that adequate water
pollution control plant and water supply plant capacity are
available to the proposed subdivision.
12. That prior to final approval of the plan, the owner shall
satisfy all requirements, financial and otherwise, of Lhe Town
of Pickering. This shall include, amo�g other matters,
execution of a subdivision agreement between the owner and the
Town of Pickering, concerning the provision and installation
of roads, services and drainage, and other local services.
13. That prior to final approval of the plan, the owner shall
. satisfy all requirements, financial and otherwise, of the
Region of Durham. 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 sanitary sewer, water suppty, roads and other
� � regional services.
14. 7hat the subdivision agreement between the owner and the Town
of Pickering shall contain, among other matters, the following
provisions:
a) ;The owner agroes �o car�y-out, or causa to be
carried-out, to tne satis`action of �he Metropoli[an
Toronto ar.d Region Cunservation Aa',��rity, the
�ecorrrren�a:i^n; :r_ rc� �. �, :�,e -epo:� a> �e�.���e1 ,
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b) he owner agrees to submit individual lot site and grading
- plans"to Lhe Metropolitan 7oronto and Region Conservation
Authority for their review and approval for B1ock il and
Lats 1 to 30 inclusive prior to issuance of building
permita by the municipality.
c) he owne� agrees to implement those noise control measures
as recomnended in the acoustic report as required in
:
condition 9.
�d) e owner agrees to develop Block 11 by a draft plan of
condominium.
15. That prior to finat approval, the Commissioner of Planning
for the Region of Durham, shail be advised in writing by:
a) Town of Pickering, how conditions 1,3,4,5.9, and 14 have
been satisfied;
b) Metropolitan Toronto 8 Region Conservation Authority, how
conditions 6,7.14a) and 14b) have been satisfied;
c) Ministry of the Environment, how condition 8 has been
satisfied.
, N07ES TO ORAFT APPROVAL
1. As owner of the proposed subdivisian, it is in your interest
as well as your responsibility to satisfy all conditions of
approval in an expeditious manner.
2. A11 plans of subdivision must be registered in the land titles
system within the Durham Region.
3. The existing storm sewer on Brock Road was not sized to
accommodate the proposed development area. If the developer's
consultant can provide calculations to the Region to show that
the proposed starm connection will not cause problems in the
existing system, the Region may permit the subject land to
outfall to the said storm sewer on Brock Road.
4. Where agencies requirements are contained in the subdivision
agreement, a copy of the agreement shall be sent to these
agencies in order to facilitate their clearance for final
approval. These agencies are:
a) Ms. A. Fitkens, Metropolitan Toron[o 8 Re�ion Conservation
Authority, 5 Shoreham Drive, NorCh York, Ontario, M3N
154.
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p^P�ICANT'S SUBMITTED REVISED PLAN
A LARGE SCALE PRINT OF THIS PLAN IS
AVAILABCE FOR VIEWING AT THE TOWN
PLANNING DEPARTMENT, 1305 PICKERING
PARIdIAY, 2M0 FLOOR. /
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DRAFT PLAN OF S'UBDIVISION OF� �
PART OF LOT 19 CONCESSION I.
TOWN OF PICK�RING
REGIONAL MUNICIPALITY OF DURHAM.- REVISED
- � APRIL 16, 1986
FI NCH AVENU E
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