HomeMy WebLinkAboutBy-law 2171/86THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2171
Being a By-law to authorize the execution of a
subdivision agreement respecting part Lots 3, 4,
7 and 22, Plan 228, Pickering (Draft Plan
18T-83010)
WHEREAS a proposal to subdivide and register a plan of subdivision of part of Lots
3, 4, ? and 22, Plan 228, Pickering has been approved by the Council of the Corpo-
ration 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 subdivi-
sion agreement with the Corporation of the Town of Picketing;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a subdivision agreement,
in the form attached hereto as Schedule A respecting part Lots 3, 4, 7 and 22,
Plan 228, Picketing (Draft Plan 18T-83010).
BY-LAW read a first, second and third time and finally passed this 17th day of
March, 1986.
TOWN OF
PICKERING
APPROVED
I[ LEGAL DEPI'~
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.2171 /86
Being a By-law to authorize the execution of a
subdivision agreement respecting part Lots 3, 4,
7 and 22, Plan 228, Picketing (Draft Plan
18T-83010)
WHEREAS a proposal to subdivide and register a plan of subdivision of part of Lots
3, 4, 7 and 22, Plan 228, Pickering has been approved by the Council of the Corpo-
ration 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 subdivi-
sion agreement with the Corporation of the Town of Pickering;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a subdivision agreement,
in the form attached hereto as Schedule A respecting part Lots 3, 4, 7 and 22,
Plan 228, Picketing (Draft Plan 18T-83010).
BY-LAW read a first, second and third time and finally passed this 17th day of
March, ]986.
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TOWN OF
PICKERING
APPROVED
AS TO F,
LEGAL DEPT.
Schedule A
THIS AGREEMENT made this 17th day of March, 1986.
BETWEEN:
SANDBURY BUILDING CORPORATION
and
ALASTAIR MACKAY REALTY INC.
hereinafter collectively called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF TIlE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
ERNEST LEONARD STROUD
hereinafter called the "Encumhrancer"
OF THE THIRD PART.
WHEREAS the Owner proposes to subdivide part of Lots 3, 4, 7 and 22, Plan 228, 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 prepared by
Horton, Wallace & Davies Ltd. and designated as Draft Plan Number 18T-83010; and
WHEREAS the Encumbrancer has certain rights or interests in the nature of
encumbrancers relating to the lands affected hereby;
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:
PART 1 - PROPERTY DESCRIPTION
LAND AFFECTED
The lands affected by this Agreement are Lots 1 to 13, inclusive and Blocks 16
to 25, inclusive, Plan 40M- ,
PART 2 - SERVICES
2. 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 Director of Public Works for the Town of Picketing, and shall
complete, perform or make payment for such other matters as may be provided
for herein.
3. 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 subdi-
vision.
(z)
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.
4. STORM SEWERS
(1)
The Owner shah construct a complete storm system including storm con-
nections to the street line and catch basin leads to service all the lands
in the plan of subdivision and road allowances adjacent to 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.
(z)
Without limiting the generality thereof, the requirement "to provide capac-
ity for lands upstream" shall be deemed to include the construction and
installation of a storm sewer, including an in]et, from the northerly
boundary of Lot I2 to the northwesterly end of the existing sewer located
on Lot 14.
(3)
Such system shah be constructed to an outlet or outlets according to
designs approved by the Director of Public Works and shall be of suffi-
cient size and depth and at locations either within or outside the lands
affected hereby to service the plan of subdivision and the aforementioned
lands outside the plan of subdivision, which in the opinion of the Director
of Public Works, will require its use as a trunk outlet.
(4)
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.
(5)
The Town may connect or
system but such connection
system by the Town.
authorize connection into any part of the
shall not constitute acceptance of the sewer
(6)
No connection under subsection (5), above,
thorized prior to preliminary acceptance of
Town, except in an emergency.
shall be undertaken or au-
the sewer system by the
5. 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.
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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.
6. ROADS - PAVED
(1)
The Owner shah construct the road shown on the plan of subdivision and
that part of Rougemount Drive adjacent to the plan, according to the
specifications for paved roads of the Town in effect at the date hereof.
The specifications for boulevard grading and sodding shall apply to the
existing road adjacent to the plan of subdivision.
(3)
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 dust, refuse, rubbish or other
litter of all types.
(4)
The Owner shall erect and maintain adequate signs to warn all persons
u.qing the road in the plan of subdivision that the maintenance of it has
not been assumed by the Town from the time that it is opened until
formal assumption by the Town.
(5) Such signs and the location thereof are subject to the approval of the
Town's Director of Public Works.
7. CURBS & GUTTERS
(1)
The Owner shall construct curbs and gutters on the roads to be con-
structed and reconstructed pursuant to section 6, above, 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.
If any curb depressions are not located correctly with respect to a drive-
way, the Owner shall construct a curb depression in the correct location
and fill in the original curb depression according to the specifications.
SIDEWALKS
The Owner shall construct a sidewalk,
(a)
on the south side of Dalewood Drive adjacent to Lots 1 to l0 and
16 to 19; and
(b) on the west side of Rougemount Drive adjacent to Lots 1, 15 and 14,
according to the specifications of the Town in effect at the date hereof and
maintain them until they are formally accepted by the Town.
Blocks
to
UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE &
STREET LIGHTING
(D
Underground electric distribution shall be provided for all residential lots
and blocks within the plan of subdivision according to the standards and
specifications of Picketing Hydro-Electric Commission.
(2)
Underground cable television services shall be provided for all residential
lots and blocks within the plan of subdivision according to the standards
of Picketing Cable T.V. Limited.
(3)
The Owner shall pay all costs of installation of street lighting, including
poles and other necessary appurtenances for the lighting of the street on
the plan, and all boundary roads requiring upgraded lighting.
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(4)
(5)
The lighting shall be designed and installed in accordance with standards
established by the Town and in conformity with the Association of Munici-
pal Electrical Utilities Guide to Municipal Standard Construction.
The installation of all works provided for in this section shall be con-
structed under the supervision and inspection of Pickerlng Hydro-Electric
Commission and Pickering Cable T.V. Limited, as the case may be.
10. INSPECTIONS OF WORK
(1)
Prior to the registration of the plan, the Owner shall pay to the Town,
the sum of $735 as an engineering drawing inspection fee.
¢2)
All works required to be constructed by the Owner, except those re-
ferred to in section 9, above, 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
necessarily be limited to,
and administration fees.
subsection (2), above, may include, but not
salaries and wages of Inspectors, testing fees
11. LIABILITY INSURANCE
(1)
Before commencing any of the work provided for herein, the Owner shall
supply the Town with a Liability Insurance Po]icy in form satisfactory to
the Town, 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
(4)
It shall be the responsibility of the Owner to notify the Town of the
dates for the renewal of the premium of the policy and to supply proof
that the premium of the policy has been paid in order that the protection
provided by the Liability Insurance Policy shall not lapse.
12. 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 wiih 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 an? amounts payable to the Town
under section 16 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, 1.983, 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.
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(2}
(3)
(4)
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.
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,
(1)
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 re-
quired to be retained by the Town have expired or have
been satisfied, discharged or provided for by payment
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 re-
quired to be retained by the Town have expired or have
been satisfied, discharged or provided for by payment
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.
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.
13. 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 Agreement
and is subject to the approval of the Director of Public Works and the
Metropolitan Toronto and Region Conservation Authority.
-6-
(3)
(4)
(5)
The grading of all lands shall be carried out by the Owner in accordance
with the Grading Control Plan, under the supervision of the Owner's
Consulting Engineer.
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.
The Owner shall sod the front, side and rear yards of each of the res-
idential lots and blocks except for paved, planted or treed areas, upon
the completion of the construction of buildings thereon.
14. 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 shah
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 Director of Public Works shall promptly notify the Owner and
his surety in writing of such default or neglect and if such notification
be without effect within ten 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 shah be required for the proper completion of the 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.
15.
DEDICATIONS
The Owner shall dedicate Dalewood Drive as public highway, upon the registra-
tion of the final plan.
16. TRANSFERS - CONVEYANCES
(i)
The Owner shall convey Block 26 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 of the
final plan.
Notwithstanding the provisions of subsection (l), above, the transfer
required therein shall not be deemed to be subject to an encumbrance if
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that encumbrance relates in any way to the existence or maintenance of a
public utility in operation as of the date of this Agreement.
17.
TRANSFERS- EASEMENTS
(1)
The Owner shall arrange at no cost to the Town for granting to the Town
such easements as the Director of Public Works or his designate shall
deem necessary for the provision of storm sewer services both within the
boundaries of the plan of subdivision and across lands adiacent thereto
but outside its boundaries.
(z)
Such easements shall be subject to the approval of the Director of Public
Works or his designate as to their location and width.
(3)
The construction of any services in such easement or easements referred
to in subsection (1), above, 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 shah lie.
18.
STREET NAMING
The Owner shall name the street "Dalewood Drive~ on the final plan.
19.
GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Pavin~ of Driveway Approaches
To pave all driveway approaches between the curb and sidewalk, or,
where no sidewalk is to be provided, between the curb and the lot line.
(b) Continuation of Existing Services
Where the construction of services herein involves a continuation to
existing services, to join into the same, including adjustment of grades
where necessary, in a good and workmanlike manner.
(c) Public Lands - Fill & Debris
(i)
Neither to dump nor to permit to be dumped, any fill or debris
on, nor to remove or permit to be removed, any fill from any
public lands, other than in the actual construction of roads in the
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), above.
(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
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such tests shall be paid by the Owner within 30 days of the account
being rendered by the Town.
(f) Relocation of Services
(i)
(ii)
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.
Similarly to pay the cost of moving any services or' utilities
installed under this Agreement in driveways or so close thereto,
in the opinion of the Director of Public Works, as to interfere
with the use of the driveway.
(g) Specifications
Unless otherwise provided, to perform any work required to be done
under this Agreement to the specifications of the Town in effect at the
date hereof.
(h) Temporary Signs
(i)
(j)
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 subdivision, to supply the Town with
the original drawings of the engineering works for the plan of subdivi-
sion, with amendments, if any, noted thereon.
(k) Snow Plowin[f & Sanding of Roads
(1)
(i)
If, in the opinion of the Director of Public Works, the condition
of the road surface is not acceptable for winter control, to snow
plow and sand such roads from such occupied buildings to exist-
ing Town roads or to subdivision roads that receive the Town's
winter control service, including alternate means of access where
available.
(ii)
Such snow plowing and sanding shall be done from time to time
when the Director of Public Works deems conditions warrant and
until such time as the roads are acceptable to the Director of
Public Works for winter control.
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 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.
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PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
20.
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)
Sewer and water facilities are installed and in operation to ade-
quately 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
are required to
structed on the
road.
in the opinion of the Director of Public Works,
be completed prior to occupancy have been con-
road and extend to an existing maintained public
(4) (a)
Should any building or part thereof in the plan of subdivision be
occupied without the prior issuance of a municipal occupancy
permit, then in that event, the Owner shall pay to the Town the
sum of $1,750 for each building or part thereof so occupied, as
liquidated damages therefor.
(b)
The issuance by the Town of municipal occupancy permits for
each and every building on any lot or block in the plan of subdi-
vision shall be deemed to be a release from the provisions of this
subsection with respect to that lot or block.
The Owner shall maintain vehicular access to all occupied buildings in the
plan of subdivision until the roads are formally assumed by the Town.
21. TIME LIMIT FOR CONSTRUCTION
(i)
The Owner shall construct or cause to be constructed, in
housing units, all of which shall be completed within two
date of registration of the plan.
the plan, 21
years of the
In the event that more or less than 2l housing units are to be construct-
ed in the plan, an amendment to this Agreement shall be required.
22.
DESIGN PLANNING
(1) (a)
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 architectural design objectives for the subdivision,
which approval shall not be unreasonably withheld.
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(h)
(a)
(b)
This report may he required, at the Director's option, to provide
the following information:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
house massing;
streetscape;
exterior materials and colours;
architectural style;
visual variety;
energy conservation measures; and
any other data or information required.
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 shah not be unreasonably
withheld.
These plans and drawings may be required, at the Director's
option, to provide the following information:
(i)
the location of all buildings and structures to be erected
and the location of all facilities and works associated
therewith;
(ii)
the location of landscaping features, including trees to be
preserved;
(iii)
streetscape for front and rear elevation at a scale accept-
able to the Director;
(iv) streetscape to show all street furniture and vegetation;
(v) the relationship of buildings by blocks; and
(vi) any other data or information required.
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PART 4 - FINANCIAL MATTERS
23. FINANCIAL PAYMENTS
(I)
The Owner shall pay to the Town a unit levy in the amount of $1,750 per
unit, for each dwelling unit for which a building permit is received.
No building permit shall be issued for any dwelling unit unless payment
of the unit levy shall have been made in advance of the issuance of such
permit with respect to such dwelling unit.
(3) Payments of such levies shall be made to the Town from time to time as
building permits are required.
(4)
In any event, the Owner shall pay all levies due under the provisions of
this section in full, no later than eighteen months from the date of regis-
tration of the plan.
(2)
A letter from the Clerk of the Town advising that the unit levv has been
paid shall be deemed to be a release of this section for the lances referred
to in the letter.
24. 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 $36,750 as security for:
(a) the payments referred to in section 23 hereof; and
(b)
the payment of liquidated damages referred to in subsection (4) of section
20 hereof.
25. GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands included in the plan of subdivi-
sion, as required by law from time to time.
(b) Local Improvements
Prior to the release of the plan for registration, to prepay any outstand-
ing local improvement charges which are levied against any of the lands
in the plan of subdivision.
(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) 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.
(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
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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.
26. 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 shah
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.
27. TERMINATION OF LEVY/OCCUPANCY SECURITY
(1)
The security required to be deposited with the Town pursuant to the
provisions of section 24, above, may only be terminated or cancelled by
the Owner after the ~.tunicipal Occupancy Permit for the last residential
building or part thereof to be constructed in the plan has been issued by
the Town.
(z)
Notwithstanding the provisions of subsection 1, the Owner may, from time
to time, apply to the Town Treasurer for a reduction in the amount of
the security referred to in subsection 1, as Municipal Occupancy Permits
are issued.
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PART 5 - PARKS & TREES
28. PROVISION OF PARKLAND
The Owner shall pay to the Town the sum of $18,007.50 prior to the registra-
tion of the plan of subdivision in full satisfaction of the Owner's obligation to
provide parkland.
29.
LANDSCAPE PLANNING
(1)
The Owner agrees that prior to the issuance of building permits for any
of the units to be erected on the lands, submit a landscaping plan for all
of the lots and blocks on the plan to the Town for approval.
Upon approval by the Town of a landscaping plan, the Owner shall con-
struct, install or plant the landscaping works, as the case may be, in
conformance with the landscaping plan according to the time limits set out
in Schedule A.
30. TREE PLANTING
(1)
The Owner shall plant on road allowances in the subdivision, 21 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 no more
than 6 months after final grading is done in the specified area.
(4)
If the density is too great to enable 21 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.
31. TREE PRESERVATION
(1)
The Owner shall retain, at its own expense, a qualified expert to prepare
a detailed Tree Preservation Program indicating which existing trees in
the subdivision shall be preserved.
(2)
The Program shall be submitted to the Director of Planning for his 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 Guidelines in effect at the
date hereof.
(4)
Until such time as the Program is approved, the Owner shall not com-
mence, nor allow to be commenced, any aspect of the development of the
lands in the subdivision, 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, diametre 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), above, shall continue until,
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(a)
(b)
where the lands upon which the tree is located comprise a res-
idential building lot, twelve months after the completion of the
sodding on the lot, or
where the lands upon which the tree is locate(] 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.
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PART 6 - GENERAL PROVISIONS
32.
LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the afore-
lands, or any part thereof, to enter upon such lands in order to comply with
the provisions of this Agreement.
33.
CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before December
31st, 1986, the Town may, at its option on one month's written notice to the
Owner, declare this Agreement to be null and void.
34.
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.
35.
ENCUMBRANCER
The Encumbrancer agrees with the Town that this Agreement shall have priority
over and take precedence over any of their rights or interest affected hereby,
whether or not any such right or interest was established or arose prior to the
date hereof and whether or not such right or interest is set out in or arises by
virtue of any instrument or document registered on title to the lands affected
hereby, or any part of them, prior to the registration of this Agreement.
36.
INTERPRETATION
(1)
Whenever in this Agreement the word "Owner" or "Encumbrsncer", or the
pronoun "it" is used, it shall be read and construed as "Owner or Own-
ers" or "Encumbrancer or Encumbrancers", and "hls", "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.
37.
TIME
Time shall be of the essence of this Agreement.
38.
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.
IN WITNESS WHEREOF, the Parties of the First and Second Parts have hereunto
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affixed their Corporate Seals attested to by the hands of their proper officers in that
behalf fully authorized and the Party of the Third Part has hereunto afiqxed his hand
and seal.
SIGNED, SEALED & DELIVERED
SANDBURY BUILDING CORPORATION
ALASTAIR MACKAY REALTY INC.
THE CORPORATION OF THE TOWN OF PICKERING
John E. Anderson, Mayor
Bruce Taylor, Clerk
In the presence of
ERNEST LEONARD STROUD
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SCHEDULE A
1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
Save as herein otherwise provided, the Owner shall complete the works required
under this Agreement within two years from the date of registration of the plan
of subdivision, and shall guarantee the workmanship and materials for a period
of two years from the date that the said works are approved in writing by the
Director of Public Works, the Director of Parks and Recreation, or the Director
of Planning, as the case may be.
TEMPORARY TURNING CIRCLES
The Owner shall remove, at its sole expense and to the Town's specifications,
the temporary turning circle located on Da]ewood Drive immediately north of
the plan and shall replace any such circle with permanent services as if that
part of Dalewood Drive were a road in the plan.
3. DEMOLITION OF EXISTING BUILDINGS
All existing structures on any lot in the plan of subdivision shall be demolished
by the Owner, at its sole expense, prior to the issuance of any building permit
for that lot.
CO-ORDINATED DEVELOPMENT
(1)
The blocks in this plan 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 Ill
1. Block 16 Block 25, this plan 1
2. Block 17 Block 24, this plan 1
3. Block 18 Block 23, this plan and
Block 40, 40M-1320 1
4. Block 19 Block 22, this plan and
Block 41, 40M-1320 1
5. Block 20 Block 39, 40M-1320 1
6. Block 21 Block 38, 40M-1320 1
(2)
The development of the lands described in the Table set out in subsection
(1), above, shall be governed by the provisions of this Subdivision
Agreement.
OBLIGATIONS OF ALASTAIR MACKAY REALTY INC. ("MACKAY")
(i)
Despite the provisions of any other section of this Agreement, Mackay's
obligations hereunder are limited to those obligations that affect the
development of Blocks 16, 17, 18 and 19.
If Mackay transfers those blocks to Sandbury Building Corporation
("Sandbury"), Mackay's obligations hereunder shall be assumed by
Sandbury and the Town shall release Mackay, its successors and assigns,
from any and all liabilities, actions, causes of action, debts, claims or
demands of any kind which Mackay may have been, is or may otherwise
become subject to pursuant to the provisions of this agreement.
A-1
SCHEDULE B
SPECIAL PROVISIONS REQUIRED BY OTHER AGENCIES
The sections set out in this Schedule represent provisions not affecting the
Town but required to be inserted in this Agreement by other agencies; these
sections are not intended to bind the Owner to the Town nor the Town to the
Owner in any manner whatsoever and are not to be construed as relating in any
way to any of the other provisions of this Agreement.
METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY
("M.T.R.C.A.")
- ENGINEERING & DRAINAGE REPORT
The Owner shall carry out, or cause to be carried out, to the satisfaction of
M.T.R.C.A., the recommendations referred to in the report required in Con-
dition 8 of the draft approval, dated September 7, 1984, of this plan by the
Commissioner of Planning of the Regional Municipality of Durham.
MINISTRY OF NATURAL RESOURCES ("M.N.R.")
- FENCING
The Owner shall erect a temporary snow fence along the top of bank of the
small watercourse through Lots 12 to ]5 inclusive prior to the initiation of any
grading or construction to the satisfaction of M.N.R.
MINISTRY OF THE ENVIRONMENT ("M.O.E.") - NOISE
(1)
The Owner shall provide for rough in central air conditions in all dwell-
ings within the subdivision.
(2) The Owner shall insert the following clause in the sale and purchase
agreement for each lot:
"Despite the noise control features within the development area and/or
within the individual dwelling unit, noise levels may continue to be of
concern and occasionally interfere with some activities of the dwelling
occupants."
B-1