HomeMy WebLinkAboutBy-law 3183/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3183/89
Being a by-law to authorize the execution of a
Subdivision Agreement respecting the development '
of Part Lot 30, Concession 2, Picketing (Draft
Plan 18T-87059; William Forbes)
WHEREAS the proposal to subdivide and register a plan of subdivision of part of Lot
30, Concession 2, Picketing, has been approved by the Council of The Corporation of
the Town of Picketing and the Regional Municipality of Durham, subject to several
conditions, one of which requires the entering into of a satisfactory Subdivision
Agreement with The Corporation of the Town of Picketing pursuant to section 50 of
the Planning Act 1983, R.S.O. 1983, chapter II
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
1. , The Mayor and Clerk are hereby authorized to execute a Subdivision
Agreement, in the form attached hereto as Schedule A, respecting the
development of that part of Lot 30, Concession 2, Picketing, included in
Draft Plan 18T-87059 (William Forbes).
BY-LAW read a first, second and third time and finally passed this 19th day of June,
1989.
wayne Arth~lrs, Maybr ~._
TOWN OF
PICKERING
AFPROVED
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3183/89
Being a by-law to authorize the execution of a
Subdivision Agreement respecting the development
of Part Lot 30, Concession 2, Picketing (Draft
Plan 18T-87059; William Forbes)
WHEREAS the proposal to subdivide and register a plan of subdivision of part of Lot
30, Concession 2, Picketing, has been approved 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 pursuant to section 50 of
the Planning Act 1983, R.S.O. 1983, chapter 1;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Subdivision
Agreement, in the form attached hereto as Schedule A, respecting the
development of that part of Lot 30, Concession 2, Picketing, included in
Draft Plan 18T-87059 (William Forbes).
BY-LAW read a first, second and third time and finally passed this 19th day of June,
1989.
W~yn~ Artl~rs, Maybr ///
TOWN OF
PICKEF~NG
APPt':iOVED
SCHEDULE A
THIS AGREEMENT made this 19th day of June, 1989.
BETWEEN:
' WILLIAM FORBES
hereinafter called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS, the Owner proposes to subdivide part of Lot 30, Concession 2, in the
Town of Picketing 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-87059;
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 Lots 1 to 8, both
inclusive, and Blocks 9 to 12, both inclusive, Plan 40M- , Picketing.
2. CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before December
31, 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 shah 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 the pronoun "it" is
used, it shah be read and construed as "Owner or Owners" or "his",
respectively, and the number of the verb agreeing therewith shall be
construed accordingly.
(2) Schedules A and B attached hereto shall form part of this Agreement.
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 heirs, executors, administrators,
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 Works and according to the
specifications of the Town in effect at the date hereof and shall maintain
it, including clearing any blockages or debris from whatever cause, until
it is formally accepted by the Town.
(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.
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(4) The Town may connect or authorize connection into any part of the
system but such connection shall not constitute acceptance of the sewer
system by the Town.
(5) No connection under subsection 4, above, shall be undertaken or au-
thorized prior to preliminary acceptance of the sewer system by the
Town, except in an emergency.
11. ROADS - ROUGH GRADE
(1) Prior to the installation or construction of the municipal services provided
for herein, the Owner shall rough grade to the Town's specifications to
the full width, the proposed road allowance shown on the plan of subdivi-
sion,
The Owner shall keep all boulevards clear and free of materials and
obstructions which might interfere with the installation of electric, tele-
phone, gas or other utilities.
12. ROADS - PAVED
(1) The Owner shall construct the road shown on the plan of subdivision
according to the Town's specifications for paved roads of the Town in
effect at the date hereof.
(2) Until assumption by the Town, the Owner shall maintain and repair roads
both within and outside the plan of subdivision where construction has
taken place or that are used by construction traffic entering the plan of
subdivision and keep such roads clear of mud, dust, refuse, rubbish or
other litter of all types.
(3) The Owner shall erect and maintain adequate signs to warn all persons
using the road in the plan that the maintenance of it has not been
assumed by the Town from the time that it is opened until formal assump-
tion by the Town.
(4) Such signs and the location thereof are subject to the approval of the
Town's Director of Public Works.
13. CURBS & GUTTERS
(1) The Owner shall construct curbs and gutters on the road to be con-
structed pursuant to section 1Z, according to the specifications of the
Town in effect at the date hereof and shall maintain them until they are
formally accepted by the Town.
(2) If any curb depressions are not located correctly with respect to a drive-
way, the Owner shah construct a curb depression in the correct location
and fill in the original curb depression according to the specifications.
14. SIDEWALKS
(1) The Owner shall construct the following segment of sidewalk in accordance
with the time limits set out in section 1 of Schedule A:
(a) along the north side of Finch Avenue between Block 125, Plan
40M-1312 and the west limit of Block 13 in this plan.
(2) 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 lot or block adjacent to that segment,
despite the provisions of section 1 of Schedule A:
(a) adjacent to Lots 1 to 5 and Block 10 on the north side of
Amaretto Avenue;
(b) adjacent to Block 9, Lots 6 to 8 and Block 16 on the south side
of Amaretto 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 until it is formally ac-
cepted by the Town.
15. ELECTRICAL SERVICES
Where electricity, cable television service or telephone service is to be provided
in the plan, it shall be provided underground and in accordance with the
standards and specifications of Picketing Hydro-Electric Commission, Pickering
Cable T.V. Lhnited or Bell Canada, as the case may be.
16. STREET LIGHTING
(1) The Owner shall install street lights, including poles and other necessary
appurtenances, on the street in the plan and on Finch Avenue adjacent to
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 be under
the supervision and inspection of Picketing Hydro-Electric Commission.
17. INSPECTIONS
(1) Prior to the registration of the plan, the Owner shall pay to the Town
the sum of $315 as an engineering drawing inspection fee.
(2) All works required to be constructed by the Owner, except those re-
ferred to in sections 15 and 16 shall be installed under the observation of
Inspectors employed by the Town and the Owner shall pay the costs
incurred therefor within 30 days of invoices being rendered.
(3) The costs referred to in subsection (2) may include, but not necessarily
be limited to, salaries and wages of Inspectors, testing fees and adminis-
tration fees.
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 behalf of the Owner in the plan
of subdivision and elsewhere.
(2) The amount of the Policy shall be $5,000,000.
(3) In the event any renewal premium is not paid, the Town, in order to
prevent the lapse of such Liability Insurance Policy, may pay the renewal
premium or premiums and the Owner shall pay the cost of such renewal or
renewals within 30 days of the account therefor being rendered by the
Town.
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(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,
(a) guaranteeing the satisfactory construction, installation or perfor-
mance of the works;
(b) guaranteeing the payment of any amounts payable to the Town
under section 17 of this Agreement;
(c) guaranteeing the payment of any amount that the Town may be
required to pay under the provisions of the Construction Lien
Act, 1983, and
(d) guaranteeing all works, workmanship and materials for a period of
2 years from the date that the works are completed and such
completion acknowledged, in writing, by the 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 or performance of the works for which reduction
is being sought have been satisfactorily completed and paid for, the Town
Manager may reduce the amount of the security to an amount not less
than,
(a) sixty per cent (60%) of the original value where no certificate or
declaration of substantial performance has been made;
(b) thirty-five per cent (35%) of the original value where,
(i) a certificate or declaration of substantial performance has
been published;
(ii) 45 days following such publication have expired; and
(iii) all liens that may be claimed against any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
and
(c) seventeen per cent (17%) of the original value where,
(i) a certificate of final completion has been made by the
Owner's Consulting Engineer;
(ii) 45 days following the making of such certificate have
expired; and
(iii) all liens that may be claimed against any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
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which seventeen per cent (17%) portion shall secure the guarar~tee 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.
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 ~Vorks 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 subdivision
by the Town, the Owner shall correct them by re-grading or by the
construction of catch basins, swales or other structures as may be neces-
sary to correct such problems.
(6) Despite any time limit otherwise applicable pursuant to section 1 of Sched-
ule A, the Owner, shall sod the front, side and rear yards of each of the
residential lots and blocks except for paved, planted or treed areas,
within the six months immediately following the occupancy of the 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 writing of such default or neglect and if such notifica-
tion be without effect within 10 clear days after such notice, then in that
case, the Director of Public Works shall thereupon have full authority to
purchase such materials, tools and machinery and to employ such workmen
as in his opinion shail be required for the proper completion of the said
work at the cost and expense of the Owner or his surety, or both.
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(2) In cases of emergency, in the opinion of the Director of Public Works,
such work may be done without prior notice but the Owner shall be
forthwith notified.
(3) The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
(4) It is understood and agreed that such costs shall include a management
fee of twenty per cent (20%) of the labour and material value, and fur-
ther, a fee of thirty per cent (30%) of the value for the dislocation and
inconvenience caused to the Town as a result of such default on the part
of the Owner, it being hereby declared and agreed that the assuming by
the Owner of the obligations imposed by this paragraph is one of the
considerations, without which the Town would not have executed this
Agreement o
22. DEDICATIONS
The Owner shall dedicate Amaretto Avenue 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) Block 10 (parkland);
(b) Blocks 15 and 16 (Amaretto Avenue reserves).
(2) Notwithstanding the provisions of subsection (1), 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.
(2) Such easements shall be subject to the approval of the Director of Public
%~orks or his designate as to their location and width.
(3) The construction of any services in such easement or easements referred
to in subsection (1) shall not commence until the easement has been
acquired, unless permission to do so has been obtained by the Owner, in
writing, from the Town and from the registered owner of the lands across
which the easement shall lie.
25. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Pavin~ of Driveway Approaches
To pave all driveway approaches between the curb and sidewalk.
(b) Continuation of Existing Services
~Vhere the construction of services herein involves a continuation to
existing services, to join into the same, including adjustment of grades
where necessary, in a good and workmanlike manner.
(c) Public Lands - Fill & Debris
(i) Neither to dump nor to permit to be dumped, any fill or debris
on, nor to remove or permit to be removed, any fill from any
public lands, other than in the actual construction of roads in the
plan of subdivision without the written consent of the authority
responsible for such lands.
(ii) On request, to supply the Town with an acknowledgement from
such authority of the Owner's compliance with the terms of sub-
clause (i).
(iii) That there shall be no burning of refuse or debris upon its lands
or any public lands.
(d) Construction Traffic
Wherever possible, to ensure that construction traffic serving the devel-
opment of this plan does not use roads, in this plan or adjacent plans,
having occupied residential units fronting thereon.
(e) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or quantitative tests
made of any materials which have been or are proposed to be used in the
construction of any services required by this Agreement, and the cost of
such tests shall be paid by the Owner within 30 days of the account
being rendered by the Town.
(f) Relocation of Services
(i) To pay the cost of relocating any 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.
(g) ~pecifications
Unless otherwise provided, to perform any work required to be done
under this Agreement to the specifications of the Town in effect at the
date hereof.
(h) Temporary Signs
To provide and erect at its own cost, to the specifications of the Town,
temporary signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
(i) Permanent Signs
To provide and erect at its own cost, to the specifications of the Town,
permanent signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
(j) Engineering Drawings
Prior to the final acceptance of the subdivision, to supply the Town with
the original drawings of the engineering works for the plan of subdivi-
sion, with amendments, if any, noted thereon.
(k) Snow Plowinfi & Sandinfi of Roads
(i) I£, in the opinion of the Director of Public Works, the condition
of the road surface is not acceptable for winter control, to snow
plow and sand such roads from such occupied buildings to exist-
ing Town roads or to subdivision roads that receive the Town's
8
winter control service, including alternate means of access where
available.
(ii) Such snow plowing and sanding shall be done from time to time
when the Director of Public Works deems conditions warrant and
until such time as the roads are acceptable to the Director of
Public Works for winter control.
(1) 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.
26. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) No building permit shall be issued for any building or part of a building
in the subdivision until sewer and water facilities are available, and in
the opinion of the Director of Public Works, capable of providing adequate
service.
(2) No building or part of a building in the subdivision shall be occupied
except upon the issuance of a municipal occupancy permit.
(3) No application for a municipal occupancy permit for a building or part of
a building shall be made except upon the following conditions:
(i) Storm sewer, sanitary sewer and water facilities are installed and
in operation to adequately serve such building or part thereof;
(ii) Electric service is completed and in operation;
(iii) An asphalt base has been laid on the road immediately in front of
the building or part thereof and extended to an existing main-
tained public road; and
(iv) Such curbs, as in the opinion of the Director of Public Works,
are required to be completed prior to occupancy have been con-
structed on the said road and extend to an existing maintained
public road.
(4) The Owner shall maintain vehicular access to all occupied buildings in the
plan of subdivision until the roads are formally assumed by the Town.
27. 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.
(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) any other data or information required.
28. FINANCIAL PAYMENTS
(1) The Owner shall pay to the Town a unit levy in the amount of,
(a) $2,875 per unit if paid in 1989;
(b) $3,050 per unit if paid in 1990;
(c) $3,250 per unit if paid in 1991,
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 shall 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.
29. 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 $29,250 as security for the payments referred to in section 28
hereof.
30. GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands included in the plan of subdivi-
sion, as required by law from time to time.
(b) 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.
(c) Re~[istration 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.
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(d) 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.
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 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.
(Z) 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
(l) Prior to the registration of the plan, the Owner shall pay to the Town
the sum of $5,118 in cash or by certified cheque, which sum the Town
shall accept in partial satisfaction of the Owner's obligation to provide
parkland.
(2) Upon the payment of that sum and the registration of the transfer to the
Town of Block 10 required by section 23(1)(a)~ the Owner shall have
fully satisfied its obligation to provide parkland.
33. TREE PLANTING
(1) The Owner shall plant on road allowances within or adjacent to the plan,
9 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 9 trees to be planted, the Owner
shall pay to the Town $150 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
(1) The Owner shall retain, at its own expense, a qualified expert to prepare
a Tree Preservation Program indicating which existing trees shall be
preserved.
(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.
11
(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 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, twelve months after the completion
of the sodding on the lot or block, or
(b) where the lands upon which the tree is located comprise lands
other than a residential building lot, the expiry of the guarantee
period referred to in section 1 of Schedule A of this Agreement.
IN WITNESS WHEREOF, the Owner has hereunto affixed his hand and seal and the
Town has hereunto affixed its Corporate Seal attested to by the hands of its au-
thorized officers.
SIGNED, SEALED & DELIVERED
In the presence of
William Forbes
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
I, Laurene Gertrude Forbes, spouse of William Forbes, the Owner herein, hereby
consent to the execution and entering into of this Agreement by William Forbes and to
the registration of the Agreement upon the title to the lands affected hereby and
agree to be bound by the terms of the said Agreement.
Dated at this day of , 1989.
SIGNED, SEALED & DELIVERED
In the presence of
Laurene Gertrude Forbes
12
SCHEDULE A
1. 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
meaning.
(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) executed this Agreement;
(b) supplied a satisfactory 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 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,
(a) executed this Agreement;
(b) supplied a satisfactory liability insurance policy pursuant to
section 18;
(c) supplied a satisfactory performance and maintenance security
pursuant to section 19;
(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 Program pursuant to section 34
which has been approved by the authority referred to in sub-
section 34(2).
(4) Despite the provisions of subsections (2) and (3), preservicing limited to,
(a) making soil quality and compaction tests,
(b) surveying the boundaries of the Lands and of proposed lots,
blocks and reads thereon,
(c) marking existing and proposed grade elevations,
(d) tests and examinations of the Lands necessary for the preparation
of required pre-development studies,
(e) compliance with an approved Tree Preservation Program;
(f) lawful erection of permitted signs, or
(g) any combination thereof,
shall not require the prior written approval of the Town.
A-1
(5) The Owner shall complete all works, services and requirements under this
Agreement,
(a) within one year of the date of registration of the plan of subdivi-
sion if preservicing (except pre-servicing limited to that de-
scribed in-subsections (2) or (4), or both) has ~ccurred 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. TEMPORARY TURNING CIRCLES
(1) Notwithstanding the provisions of sections 11, 12 and 13 of this Agree-
ment, the Owner shall construct, at its sole expense and to the Town's
specifications, a temporary turning circle on,
(a) Amaretto Avenue immediately east of Block 15.
(2) As the temporary turning circle referred to in subsection (1) will be
required only if the sequence of construction in this plan and adjacent
plans warrants it, the Director of Public Works may waive the con-
struction of that turning circle, at his sole discretion, if that sequence
does not warrant it.
(3) Following the issuance of occupancy permits for all dwellings in the plan,
the Owner shah remove, at its sole expense and to the Town's specifica-
tions, the temporary turning circle located immediately east of Block 122,
Plan 40M-1312, on Amaretto Avenue and shall replace any such circle with
permanent services as if the highway were a road in the plan.
(4) The Town shall not dedicate Block 122, Plan 40M-1312, as public highway
until the works required in subsection (3) have been completed.
3. 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.
4. CO-ORDINATED DEVELOPMENT
(1) The blocks set out in Column I of the following Table shall be developed
by the Owner only in coniunction with the lands described in Column II
thereof, to provide the number of units set out in Column III thereof:
Table
Item Column I Column II Column III
1. Block 9 Block 13, 18T-87065 1
2. Block 11 Lot 11, 18T-87065 1
(2) The development of the lands described in Item 1 of the above Table shall
be governed by the provisions of this Agreement.
A-2
(B) The development of the lands described in Item 2 of the above Table shall
be governed by the provisions of the Subdivision Agreement respecting
Draft Plan 18T-87065.
(4) Block 12 shall be conveyed to the owner of Lot 82, Plan 40M-1312 or
developed as part of Lot 1 in this plan; in either case, the provisions of
this Agreement shall apply to its development.
5. DWELLING UNIT COUNT
(1) In the event that more than 9 units (1 each on Lots 1 to 8 and one on
the lot formed by Block 9 in this plan and Block lB, Draft Plan
18T-87065) 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 9 units (as 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 17(1) and
32, and
(b) 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.
6. FENCING
(1) The Owner shall erect the following segment of fencing, within the six
months immediately following the occupancy of the first dwelling unit to
be occupied on any lot in this plan adjacent to that segment, despite the
provisions of section 1 of this Schedule:
(a) along the north boundary of Block 14.
(2) Despite the provisions of subsection (1), where the occupancy of the first
dwelling unit to be occupied adiacent to any fencing segment occurs in
November or December of any year, the time limit for construction of that
adjacent fencing segment shall be extended to June 30 in the following
year.
(3) The fencing segment required to be constructed pursuant to subsection
(1) shall be 1.8 metres high wood privacy fencing.
(4) All fencing required to be constructed by the Owner pursuant to this
section shall be constructed so as to meet or exceed the requirements for
swimming pool enclosures as set out in Part II of the Town's By-law
425/76, as amended from time to time, or any successor thereto.
A-3
7. coNTRIBUTION TO DOWNSTREAM SERVICE COSTS
(1) Prior to the registration of the plan, the Owner shall pay to the Town
the sum of $10,000, which sum shall be utilized by the Town for the
purpose of acquiring, connecting and constructing a permanent detention
pond, in the vicinity of the north-east corner of White's Road and Finch
Avenue, for the purpose of providing storm water management for storm
water draining in part from the storm water drainage system referred to
in section 10 of this Agreement.
(2) In the event that either,
(a) the Town determines that such a permanent detention pond is not
required, or
(b) the Owner's share of the cost of acquiring, connecting and con-
structing a permanent detention pond is less than $10,000,
then the Town shall return to the Owner the sum of $10,000 or the
difference between $10,000 and the Owner's share, as the case may be,
without interest, penalty, costs or damages, subject to, in the case of
alternative (a), adjustment should an alternative system have been con-
structed.
A-4
SCHEDULE B
1. SPECIAL PROVISIONS REQUIRED BY 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 (herein referred to as the "Approval"), dated July 28, 1988, of Draft
Plan 1BT-B7059 by the Commissioner of Planning of the Regional Municipality of
Durham (herein referred to as the "Commissioner").
ONTARIO HYDRO
Ontario Hydro requires that,
(a) the Owner, prior to the initiation of any grading or construction, erect a
temporary fence or other suitable barrier along the rear boundary of
those lands abutting the Ontario Hydro Corridor;
(b) the Owner install a permanent boundary fence to the satisfaction of
Ontario Hydro on those lands abutting the Hydro Corridor after all con-
struction is contemplated.
(c) the Owner not encroach on Ontario Hydro's property or obstruct Ontario
Hydro access to the right-of-way (sic).
3. DURHAM BOARD OF EDUCATION (the "Board")
The Board requires that the owner insert the following clause in the sale and
purchase agreement for each lot:
"That the purchasers of homes within the Development be advised within
the agreement of purchase and sale that their children may have to be
accommodated at existing schools, although a site in the area has been
reserved for a school building a school may not be built for several
years, if at all, and only then if it can be justified to the satisfaction of
the Ministry of Education,"
B-1