HomeMy WebLinkAboutBy-law 3431/90 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3431 /90
Being a by-law to authorize the execution of a
Subdivision Agreement respecting the development
of Part Lot 20, Concession 2, Picketing (Draft
Plan 18T-88077; Cougs Investments (Picketing)
Ltd. )
WHEREAS the proposal to subdivide and register a plan of subdivision of part Lot 20,
Concession 2, Picketing, in accordance with Draft Plan 18T-88077 has been approved
by the Council of The Corporation of the Town of Picketing and the Regional Munic-
ipality 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 the Planning Act 1983, S.O. 1983, chapter 1, section 50(6);
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 20, Concession 2, Pickerins, included in
Draft Plan 18T-88077 (Cougs Investments (Picketing) Ltd.).
BY-LAW read a first, second and third time and finally passed this 19th day of
March, 1990.
Wayne A~urs, Mayor
TOWN
PICKERING
APPROVED
AS TO FOR
LEGAL D£PT.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3431 /90
Being a by-law to authorize the execution of a
Subdivision Agreement respecting the development
of Part Lot 20, Concession 2, Pickering (Draft
Plan 18T-88077; Cougs Investments (Pickering)
Ltd. )
WHEREAS the proposal to subdivide and register a plan of subdivision of part Lot 20,
Concession 2, Pickering, in accordance with Draft Plan 18T-88077 has been approved
by the Council of The Corporation of the Town of Pickering and the Regional Munic-
ipality 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 the Planning Act 1983, S.O. 1983, chapter 1, section 50(6);
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 20, Concession 2, Pickering, included in
Draft Plan 18T-88077 (Cougs Investments (Pickering) Ltd.).
BY-LAW read a first, second and third time and finally passed this 19th day of
March, 1990.
Wayne ~A~urs, Mayor
?
TOWN CF
PICKERING
PPROVED
TO FORM
.EGAL DEPT,
SCHEDULE A
THIS AGREEMENT made this ]9th day of March, 1990.
BETWEEN:
COUGS INVEST. M__E_N_T__S_.(._p_I~CKERI.N_G__). _L_T_D~.
hereinafter called the "Owner"
OF TIlE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF TilE SECOND PART.
WHEREAS, the Owner proposes to subdivide part of the road allowance between Lots
20 and 21, Concession 7.; part of Lot 20, Concession 2; and Block 74 and part of
Block 93, Plan 40M-1512, 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-88077;
NOW THEREFORE, THIS AGREEMENT WITNESSETtl, 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 98, both
inclusive, and Blocks 99 to 104, both inclusive, Plan 40M- , Picketing.
2. CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before June 30,
1990, 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 the pronoun "it" is
used, it shall be read and construed as "Owner or Owners" or "his",
"her" or "them", respectively, and the number of the verb agreeing
therewith shall be construed accordingly.
(2) Schedules A and B attached hereto shall form part of this Agreement.
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 lands upstream of the plan of subdivision, according
to designs approved by the Director of Public Works and according to the
specifications of the Town in effect at the date hereof and shall maintain
it, including clearing any blockages or debris from whatever cause, until
it is formally accepted by the Town.
(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 au adequate outlet.
(4) The Town may connect or authorize connection into any part of the
system but such connection shall not constitute acceptance of the sewer
system by the Town.
(5) No connection under subsection 4, above, shall be undertaken or au-
thorized prior to preliminary acceptance of the sewer system by the
Town, except in an emergency.
11. ROADS - ROUGH GRADE
(1) Prior to the installation or construction of the municipal services provided
for herein, the Owner shall rough grade to the Town's specifications to
the full width, the proposed road allowances shown on the plan of subdi-
vision.
(2') The Owner shall keep all boulevards clear and free of materials and
obstructions which might interfere with the installation of electric, tele-
phone, gas or other utilities.
12. ROADS - PAVED
(1) The Owner shall construct the roads 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 roads in the plan that the maintenance of them has not been
assumed by the Town from the time that they are 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.
13. CURBS & GUTTERS
(1) The Owner shall construct curbs and gutters on the roads to be con-
structed pursuant to section 12, 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 shall construct a curb depression in the correct location
and fill in the original curb depression according to the specifications.
14. SIDEWALKS
(1) The Owner shall construct the following segments of sidewalk, in each
case within six months immediately following the occupancy of the first
dwelling unit to be occupied after the date of this Agreement on any lot
or block adjacent to that segment, despite the provisions of section 1 of
Schedule A:
(a) adjacent to Block 105, Lots 46 to 50 and Block 103, on the south
and east sides of Strathmore Crescent;
(b) adjacent to Blocks 99 and 101 and Lots 1 to 8, on the east side of
Wildwood Crescent;
(c) adjacent to Lots 9 to 17, on the east side of Wildwood Crescent;
(d) adjacent to Lots 18 to 24, Block 106 and Lots 25 to 27, on the
south side of Wildwood Crescent;
(e) adjacent to Lots 28 to 3/) on the west side of Wildwood Crescent;
(f) adjacent to Lots 37 to 45 on the west, south and east sides of
Wildwood Crescent; and
(g) adjacent to Lots 59 to 61 on the east side of ~ildwood Crescent.
(2) Despite the provisions of subsection (1), where the occupancy of the first
dwelling unit adjacent to any proposed segment 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.
(3) The Owner shall maintain each sidewalk segment until it is formally ac-
cepted by the Towa.
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 ltydro-Electric Commission, Picketing
Cable T.V. Limited 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 streets 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 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 $3,605 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 shah 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 shah pay the cost of such renewal or
renewals within 30 days of the account therefor being rendered by the
Town.
(4) It shall be the responsibility of the Owner to notify the Town of the
dates for the renewal of the premium of the said policy and to supply
proof that the premium of the said policy has been paid in order that the
protection provided by the Liability Insurance Policy shall not lapse.
19. PERFORMANCE & MAINTENANCE GUARANTEE
(1) Before commencing the construction, installation or performance of any of
the works provided for herein, the Owner shall supply the Town with a
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 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;
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.
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, establisi~ing 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 I.ot 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 Community Services and Facilities, 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 Community Services and Facilities.
(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
(l) If, in the opinion of the Director of Public Works, the Owner is not
prosecuting or causing to be prosecuted the work in connection with this
Agreement within the specified time, or in order that it may be completed
within the specified time, or is improperly performing the work, or shall
the Owner neglect or abandon it before the completion, or unreasonably
delay the same so that the conditions of this Agreement are being violated
or carelessly executed, or in bad faith, or shall the Owner neglect or
refuse to renew or again perform such work as may be rejected by the
Director of Public Works as defective or unsuitable, or shall the Owner in
any other manner, in the opinion of the Director of Public Works, make
default in performance of the terms of this Agreement, then in any such
case, the said Director of Public Works shall promptly notify the Owner
and his surety in writing of such default or neglect and if such notifica-
tion be without effect within 10 clear days after such notice, then in that
case, the Director of Public Works shall thereupon have full authority to
purchase such materials, tools and machinery and to employ such workmen
as in his opinion shall be required for the proper completion of the said
work at the cost and expense of the Owner or his surety, or both.
(2) In cases of emergency, in the opinion of the Director of Public Works,
such work may be done without prior notice but the Owner shall be
forthwith notified.
(3) The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
(4) It is understood and agreed that such costs shall include a management
fee of twenty per cent (20%) of the labour and material value, and fur-
ther, a fee of thirty per cent (30%) of the value for the dislocation and
inconvenience caused to the Town as a result of such default on the part
of the Owner, it being hereby declared and agreed that the assuming by
the Owner of the obligations imposed by this paragraph is one of the
considerations, without which the Town would not have executed this
Agreement.
22. DEDICATIONS
The Owner shall dedicate Strathmore Crescent and Wildwood Crescent as public
highway under the jurisdiction of the Town 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 105 and 106 (walkways);
(b) Block 107 (Valley Farm Road reserve);
(c) Blocks 108 and 109 (Wildwood Crescent reserves).
(2) The Owner shah convey Block 104 to the registered owner of Lot 1, Plan
40M-1512, Picketing.
(3) 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
Works or his designate as to their location and width.
(3) The construction of any services in sucb easement or easements referred
to in subsection (1) shall not commence until the easement has been
acquired, unless permission to do do 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__A_p~ro_a_c_h~e_s
To pave all driveway approaches between the curb and sidewalk or where
no sidewalk is to be provided, between the curb and the lot line.
(b) Continuation of Existin_~.~_r¥i~c_~s_
Where the construction of services herein involves a continuation to
existing services, to join into the same, including adjustment of grades
where necessary, in a good and workmanlike manner.
(c) Public Lands - Fill ~ Debris
(i) Neither to dump nor to permit to be dumped, any fill or debris
on, nor to remove or permit to be removed, any fill from any
public lands, other than in the actual construction of roads in the
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) 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.
(e) 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.
(f) Specifications
Unless otherwise provided, to perform any work required to be done
under this Agreement to the specifications of the Town in effect at the
date hereof.
( g ) T emporar y __Si__g_n_s
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.
(h) Permanent Sisns
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.
(i) En~lineering 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.
(j) Snow Plowin_g. & Sandin~_?_f__Rp_a.d_s
(i) If, in the opinion of the Director of Public Works, the condition
of the Wildwood Crescent road surface is not acceptable for winter
control, to snow plow and sand that road from occupied buildings
to existing Town roads that receive the Town's winter control
service.
(ii) Such snow plowing and sanding shah be done from time to time
when the Director of Public }~'orks deems conditions warrant and
until such time as the roads are acceptable to the Director of
Public Works for winter control.
(k) Surve~t_Monuments .~_ .M_ a_ r_~e_rs
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 application for a building permit for any building or part of a building
in the plan shall be made until,
(a) sewer and water facilities are available, and in the opinion of the
Director of Public Works, capable of providing adequate service;
and
(b) an asphalt base has been laid on the road immediately in front of
the proposed building or part thereof and extended to an existing
maintained public road.
(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 any building or part
of a building in the plan shall be made except upon the following con-
ditions:
(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; and
(iii) 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 road immediately in front of the building or part
thereof and extended to an existing maintained public road.
(4) The Owner shall maintain vehicular access to all occupied buildings 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;
9
(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) $3,050 per unit if paid in 1990;
(b) $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 $334,750 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.
10
(c) Registration 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.
(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
Prior to the registration of the plan, the Owner shall pay to the Town the sum
of $189,625 in cash or by certified cheque, which sum the Town shall accept in
satisfaction of the Owner's obligation to provide parkland.
33. TREE PLANTING
(1) The Owner shall plant on the roads within or adjacent to the plan, 103
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 103 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 of the Director of Community Services and Facilities, 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 tbe 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 Gommunity Services and Facilities, 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 Jot 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 and the Town have hereunto affixed their respec-
tive Corporate Seals attested to by the hands of their authorized officers.
SIGNED, SEALED & DELIVERED
COUGS INVESTMENTS (PICKERING) LTD.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, /vT~'yor
Bruce Taylor, Cl~r-!~
ENCUMBRANCER - TIlE TORONTO-DOMINION BANK
This Agreement shall have priority over and take precedence over all of the rights or
interests of The Toronto-Dominion Bank whether or not any such right or interest
was established or arose prior to the date hereof and whether or not such right of
interest is set out in or arises by virtue of any instrument or document registered on
title to the lands affected hereby, or any part of them, prior to the registration of
this Agreement.
Dated at , this day of , 1990.
SIGNED, SEALED & DELIVERED
THE TORONTO-DOMINION BANK
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 titis 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 roads thereon,
(c) marking existing and proposed grade elevations,
(d) tests and examinations of the Lands necessary for the preparation
oI 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 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. TEMPORARY TURNING CIRCLES
The Owner shall remove, at its sole expense and to the Town's specifications,
the temporary turning circle located,
(a) on Strathmore Crescent, immediately west of the plan;
(b) on Wildwood Crescent, immediately north of the plan, and
(c) on Forsyth Lane, immediately north of the plan,
and shall replace them with permanent services as if they were roads in the
plan.
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 - BLOCKS 99 TO 103
(1) The blocks set out in Column I of the following Table shall be developed
only in conjunction with the lands described in Column II thereof, to
provide the number of units set out in Column III thereof;
Table
Item Column I Column II Column III
1. Block 99 Block 60, Plan 40M-1488 1
Block 108, Plan 40M-1413
2. Block 100 Block 61, Plan 40M-1488 1
Block 109, Plan 40M-1413
3. Block 101 Block 110, Plan 40M-1413 1
4. Block 102 Block 69, Plan 40M-1542 1
5. Block 103 Block 40, Plan 40M-1510 1
(2) The development of the lands described in Items 1 to 5 of the Table in
subsection 1 shall be governed by the provisions of this Agreement.
5. DWELLING UNIT COUNT
(1) In the event that more than 103 dwelling units (1 on each of Lots 1 to
98; 1 on each of the lots formed by the consolidation of the lands de-
scribed in Items 1 to 5 of the Table in section 4 of this Schedule) are to
be constructed in this plan pursuant to this Agreement, an amendment to
this Agreement shall be required,
A-2
(2) In the event that less than 103 dwelling 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. CONSTRUCTION TRAFFIC ACCESS
(1) Construction traffic serving the development of this plan, including the
construction of buildings therein, shall not use Wildwood Crescent in Plan
40M-1542 except, where such use is restricted to the actual construction,
reconstruction, installation or connection of works and services on that
street.
(2) Vehicle barriers presently existing on the street referred to in subsection
(1) shall remain in place until removal is authorized by the Town.
7. WALKWAYS AND WALKWAY FENCING - BLOCKS 105 AND 106
(1) Despite any time limit otherwise applicable pursuant to section 1 of Sched-
ule A, prior to the occupancy of the dwelling unit to be occupied on Lot
46, the Owner shall erect a permanent galvanized chain link fence 1.8
metres high, having 0.05 metre 9 gauge mesh, along the north and south
boundaries of Block 105 and shall construct a concrete walkway, including
vehicle barriers, to the Town's specifications therefor, along the entire
length of Block 105, such walkway extending from the street sidewalk to
be constructed adjacent to the Block on Strathmore Crescent to the street
sidewalk constructed adjacent to the Block on Valley Farm Road.
(2) Despite any time limit otherwise applicable pursuant to section 1 of Sched-
ule A prior to the occupancy of the first dwelling unit to be occupied on
Lots 24 and 25, the Owner shall erect a chain link fence, to the same
specifications as that described in subsection (l), along the east and west
boundaries of Block 106 with a gate across the south boundary thereof,
and shall construct a concrete walkway, including vehicle barriers, to the
Town's specifications therefor, along the entire length of Block 106, such
walkway extending to the street sidewalk to be constructed adjacent to
the block on Wildwood Crescent.
(3) The permanent fencing required to be constructed pursuant to sub-
sections (1) and (2) 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 425/70, as amended from time to time, or any successor
thereto.
A-3
(d) not place fill, grade, construct any buildings or structures or interfere
with the channel of the watercourse from top-of-bank to top-of-bank for
[sic] Lots 46 to 58 and Blocks 102 and 103.
13-2
SCIiEDULE B
1. SPECIAL PROVISIONS REOUIRED BY TtlE 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 October 27, 1989, of
Draft Plan 18T-88077 by the Commissioner of Planning of the Regional Municipal-
ity of Durham (herein referred to as the "Commissioner").
2. ONTARIO HYDRO
Ontario Hydro requires that the Owner,
(a) prior to the initiation of any grading or construction, erect a temporary
fence along the edge of ttydro's right-of-way[sic];
(b) install a permanent boundary fence after construction is completed along
the boundary of this plan and Outario Hydro lands to the satisfaction of
Ontario Hydro; and
(c) not use Ontario Hydro's property without written permission, not obstruct
Ontario Hydro access to the right-of-way [sicl and restore any damage to
the right-of-way [sic] resulting from construction of the subdivision.
3. MINISTRY ..O.F~ .T. !t.E..E..N.V.I~R_9.N.~t_E.N..T_ _(~J.M.._O_: .E." )
M.O.E. requires that the Owner insert the following clause in the sale and
purchase agreement for each lot:
"Purchasers are advised that due to the proximity of the Brock West
Landfill Site, odours may be of concern from time to time."
4. MINISTRY OF NATURA..L. _R. E_ .S O. U ~R .C_ E_ _S'
M.N.R. requires that the Owner,
(a) carry out, or cause to be carried out, to the satisfaction of M.N.R., the
recommendations referred to in the reports and plans as required in
Condition 11 of the Approval;
(b) maintain all stormwater management and erosion and sedimentation control
structures operating and in good repair during the construction period,
in a manner satisfactory to M.N.R. and advise M.N.R. 48 hours prior to
commencement of grading or the initiation of any on-site works.
5. METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY
("M.T.R.C.A.")
M.T.R.C.A. requires that the Owner,
(a) carry out, or cause to be carried out, to the satisfaction of M.T.R,C.A.,
the recommendations referred to in the reports and plans as required in
Condition 10 of the Approval, and apply for all necessary permits;
(b) prior to the initiation of any grading or construction on the site, erect a
temporary snow fence with filter cloth along the top-of-bank of all lots
which abut the valley[sic]. This barrier sh~ll remain in place until all
grading and construction on the site are completed;
(c) submit individual lot, site and grading plans to the M.T.R.C.A. for their
[sic] review and approval for Lots 46 to 58, inclusive, and Blocks 102
and 103. These plans shall be submitted prior to the issuance of building
permits by the municipality [sicl; and
B-1