HomeMy WebLinkAboutBy-law 2240/86THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2240/86
Being a By-law to authorize the execution of
certain agreements respecting the development of
Draft Plan 18T-82016 (Rougecrest Construction
Inc. )
WHEREAS on May 20, 1985, the Council of the Corporation of the Town of Picketing
enacted By-law 2021[85 authorizing the execution of a Subdivision Agreement between
Rougecrest Construction Inc. and the Corporation of the Town of Pickering respecting
that part of Lot 19, Concession 2, Picketing, shown on Draft Plan 18T-82016; and
WHEREAS certain engineering changes to that proposal have necessitated amendments
to that agreement and to the entering into of a second Subdivision Agreement;
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 that part of Lot 19,
Concession 2, Pickering, designated as Phases 4, 5, 6 and 7 of Draft Plan
18T-82016 (Rougecrest Construction Inc.).
The Mayor and Clerk are hereby authorized to execute an agreement in the
form attached hereto as Schedule B to amend the Subdivision Agreement dated
May 21, 1985, respecting that part of Lot 19, Concession 2, Picketing, des-
ignated as Phases 1, 2 and 3, Draft Plan 18T-82016 (Rougecrest Construction
Inc,).
BY-LAW read a first, second and third time and finally passed this 2nd day of June,
1986.
/~l~n 'E. Andifs6~n~' Mayor
TOWN OF
PICKERING
APPROVED
AS TO FORM
.EGAL DEPT:
SCHEDULE A - By-Law #2240/86
THIS AGREEMENT made this 2nd day of June, 1986.
BETWEEN:
ROUGECREST CONSTRUCTION INC.
hereinafter called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
THE CADILLAC FAIRVIEW CORPORATION LIMITED,
WILLIAM MANDEL as
trustee, and THE TORONTO-DOMINION BANK
hereinafter collectively called the "Encumbrancer"
OF THE THIRD PART.
WHEREAS the Owner proposes to subdivide part Lot 19, Concession 2, in the Town of
Pickering in the Regional Municipality of Durham, and with the consent of the
Encumbrancer, to register a plan of subdivision of those lands, as shown on a draft
plan of subdivision prepared by Fred Schaeffer & Associates Ltd., Urban Planners
and Consulting Engineers, and designated as Draft Plan Number 18T-82016, as
revised; and
WHEREAS the Encumbrancer has certain rights or interests in the nature of encum-
brances 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
1. LAND AFFECTED
The lands affected by this Agreement are:
ALL AND SINGULAR that certain parcel or tract of land and premises situate,
lying and being in the Town of Picketing, in the Regional Municipality of
Durham (formerly in the Township of Picketing in the County of Ontario) and
Province of Ontario and being composed of those parts of Lot 19, Concession 2,
designated as Parts 1 and 2, Plan 40R-4288;
SUBJECT to an easement in favour of The Hydro-Electric Power Commission of
Ontario over Part 2, Plan 40R-4288 as set out in Instruments 21213 and 21215
(Registry Office);
SAVE AND EXCEPT those lands now comprising Plans 40M-1379, 40M-1380, and
40M- , Picketing.
PART 2 - GENERAL PROVISIONS
CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered in accordance with the
provisions of section 1(3) of Schedule C hereto, the Town may, at its option on
one month's notice to the Owner, declare this Agreement to be null and void.
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.
ENCUMBRANCER
This Agreement shall have priority over and take precedence over all of the
Encumbrancer's rights or interests, 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.
5. INTERPRETATION
(I)
Whenever in this Agreement the word "Owner", or "Encumbrancer" and
the pronoun "it" is used, it shah be read and construed as "Owner or
Owners", "Encumbrancer or Encumbrancers" and "his", "her" or "them",
respectively, and the number of the verb agreeing therewith shah be
construed accordingly.
(z)
Whenever in this Agreement reference is made to any specific lot or block
by number and such reference contains a hyphen (eg. Block 68-4), the
number preceding the hyphen shall refer to the lot or block designation
and the number following the hyphen shall refer to the phase number.
(3) Schedules A, B and C attached hereto shall form part of this Agreement.
TIME
Time shall be of the essence of this Agreement.
BINDING PARTIES
This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns,
8. LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the afore-
said lands, or any part thereof, to enter upon such lands in order to comply
with the provisions of this Agreement.
PART 3 - SERVICES
9. 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 Picketing, and shall complete, perform or make
payment for such other matters as may be provided for herein.
10. 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.
(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.
11. STORM SEWERS
(1)
The Owner shall construct a complete storm system including storm water
detention facilities and storm sewer connections 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 capaci-
ty for lands upstream of the plan of subdivision, according to designs
approved by the Director of Public Works and according to the specifica-
tions 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 out]et 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.
(3)
Should, in the opinion of the Director of Public Works, an inadequate
stream or structure exist in the outlet system outside the plan of subdivi-
sion, the Owner may be required to carry out such works as are neces-
sary to provide an adequate outlet.
(4)
The Town may connect or authorize connection into any part of the
system but such connection shall not constitute acceptance of the sewer
system by the Town.
(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,
12. 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.
PART 3 - SERVICES (Cont'd)
13. ROADS - PAVED
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.
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.
(3)
The Owner shall erect and maintain adequate signs to warn all persons
using the roads in the plan of subdivision 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.
14. CURBS & GUTTERS
(1)
The Owner shall construct curbs and gutters on the roads to be con-
structed or reconstructed pursuant to section 13, 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.
(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 said specifica-
tions.
15.
SIDEWALKS
The Owner shall construct a sidewalk,
(a)
(b)
(c)
(d)
on that side of Arathorn Court adjacent to Lots 75-7 to 84-7;
on that side of Baggins Street adjacent to Lots 9-6 to 14-6 and 25-6 to
35-6;
on that side of Chapman Court adjacent to Lots 3-5 to 23-5 and Block
75-4;
on both sides of Dellbrook Avenue;
(e)
(f)
on that side of Hollyhedge Drive adjacent to Block 68-4, Lots 11-4, 56-4
and Lot 30, Plan 40M-1380;
on that side of Lynmar Court adjacent to Lot 14-6;
(g)
(h)
(i)
(j)
on that side of Melman Street adjacent to Lots 48-6 to 51-6 and 19-7 to
35-7;
on that side of Meriadoc Drive adjacent to Lots 37-6, 35-6, 1-6 to 6-6 and
73-5;
on that side of Pepperwood Gate adjacent to Lot 15-5;
on that side of Tawnberry Street adjacent to Lots 52-6 to 55-6 and 12-7
to 19-7;
PART 3 - SERVICES (Cont'd)
(k) on that side of Theoden Court adjacent to Lots 11-4 to 30-4 and Block
68-4; and
(1) on that side of Brock Road adjacent to Block 94-7,
as illustrated on Schedule C attached, according to the specifications of the
Town in effect at the date hereof and to maintain them until they are formally
accepted by the Town.
16.
UNDERGROUND ELECTRIC DISTRIBUTION,
CABLE TELEVISION SERVICE & STREET LIGHTING
(1)
Underground electric distribution shall be provided for all residential,
park and open space lots and blocks within the plan of subdivision ac-
cording to the standards and specifications of Picketing Hydro-Electric
Commis sion.
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 shah pay all costs of installation of street lighting, including
poles and other necessary appurtenances for the lighting of all streets on
the plan and boundary roads adjacent to the plan.
(4)
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.
(5)
The installation of all works provided for in this section shall be con-
structed under the supervision and inspection of Picketing Hydro-Electric
Commission and Pickering Cable T.V. Limited, as the case may be.
17. INSPECTIONS
(1)
Prior to the commencement of any construction in the plan, the Owner
shall pay to the Town the sum of $10,570.00 as an engineering drawing
inspection fee.
All works required to be constructed by the Owner, except those re-
ferred to in section 16, 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
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.
PART 3 - SERVICES (Cont'd)
(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.
(z)
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 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
7
PART 3 - SERVICES (Cont'd)
(4)
(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.
20.
DRAINAGE - SODDING
('~)
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.
(3)
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.
(4)
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.
(5)
The Owner shall sod the front, side and rear yards of each of the res-
idential and commercial lots and blocks except for paved, planted or treed
areas, upon the completion of the construction of buildings thereon.
Z1. INCOMPLETED OR FAULTY WORK
(])
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 reiected 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.
8
PART 3 - SERVICES (Cont'd)
(z)
(3)
(4)
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.
The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
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 as public highway, upon the registration of the final
plan, the following lands:
(a) Arathorn Way
(b) Baggins Street
(c) Chapman Court
(d) Dellbrook Avenue
(e) Hollyhedge Drive
(f) Lynmar Court
(g) Melman Street
(h) Meriadoc Drive
(i) Pepperwood Gate
(j) Tawnberry Street
(k) Theoden Court
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 of the final plan, the
following lands
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Block 162-5 (Arathorn Court reserve);
Blocks 67-6, 99-7 and 98-7 (Baggins Street reserves);
Block 82-5 (Chapman Court reserve);
Blocks 76-5, 78-5, 79-5, 80-5 and 81-5 (Dellbrook Avenue re-
serves);
Blocks 72-4 and 73-4 (Hollyhedge Drive reserves);
Blocks 70-6, 71-6, 93-7 and 97-7 (Melman Street reserves);
Blocks 66-6 and 68-6 (Meriadoc Drive reserves);
Blocks 77-5 (Pepperwood Gate reserve);
Blocks 73-6 and 96-6 (Tawnberry Street reserves);
Block 92-7 (walkway).
PART B - SERVICES (Cont'd)
(z)
Notwithstanding the provisions of subsection (1), above, a transfer
required therein shall not be deemed to be subject to an encumbrance if
that encumbrance relates in any way to the existence or maintenance of a
public utility in operation as of the date of this Agreement.
Z4. 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 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 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 shall lie.
25.
SERVICE CAPACITY
This Agreement shall be subject to the Owner entering into satisfactory ar-
rangements with the Town and the Regional Municipality of Durham with respect
to the allocation of sewage treatment plant capacity and water capacity for the
development.
26.
GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave all driveway approaches between the curb and sidewalk, or,
where no sidewalk is to be provided, between the curb and the 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, including Ontario Hydro 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.
10
PART 3 - SERVICES (Cont'd)
(d) Construction Traffic
(e)
(f)
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.
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.
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 inter[ere
with the use of the driveway.
(g) Specifications
Unless otherwise provided, to perform any work
under this Agreement to the specifications of the
date hereof.
(h) Temporary Signs
(i)
required to be done
Town in effect at the
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 Plowing & Sanding of Roads
fi)
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.
11
PART 3 - SERVICES (Cont'd)
(1)
(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.
12
PART 4 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
27.
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.
(z)
No building or part of a building in the subdivision shah 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 construct-
ed on the said road and extended to an existing maintained public
road.
(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.
(5)
The Owner shall maintain vehicular access to all occupied buildings in the
plan of subdivision until the roads are formally assumed by the Town.
28. TIME LIMIT FOR CONSTRUCTION
(1)
The Owner shall construct or cause to be constructed, in the plan, 302
housing units, all of which shall be completed within two years of the
date of registration of the plan.
(2)
In the event that more or less than 302 housing units are to be con-
structed in the plan, an amendment to this Agreement shall be required.
29. 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.
(b)
This report may be required, at the Director's option, to provide
the following information:
(i) house massing;
(ii) streetscape;
13
PART 4 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
(b)
(iii)
(iv)
(v)
(vi)
(vii)
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 shall 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.
14
PART 5 - FINANCIAL MATTERS
30. FINANCIAL PAYMENTS
(1)
The Owner shall pay to the Town a unit levy in the amount of $1,750 per
unit for each dwelling unit to be erected in the Plan, each payment to be
made when the building permit for the unit is issued.
(z)
No building permit shall be issued for any dwelBng 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 18 months from the date of registration
of the plan.
(5)
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.
31. 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 $528,500 as security for:
(a) the payments referred to in section 30 hereof; and
(b)
the payment of liquidated damages referred to in subsection (4) of section
27 hereof.
32. 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,
lng local improvement charges which are levied
in the plan of subdivision.
to prepay any outstand-
against any of the lands
(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
15
PART 5 - FINANCIAL MATTERS (Cont'd)
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.
33. EXPIRY OF SECURITIES
(1)
Should any security required to be given under the terms of this Agree-
ment expire during the currency of the Agreement, the Owner shall
provide to the Town at least 30 days in advance of the expiry date of
that security, a further security to take effect upon the expiry.
(2) Such further security shall be to the satisfaction of the Town.
(3)
Should no such further security be provided as required, then the Town
shall have the right to convert the expiring security into cash and hold
the cash in lieu of and for the same purposes as any further security.
34. TERMINATION OF LEVY/OCCUPANCY SECURITY
(1)
The security required to be deposited with the Town pursuant to the
provisions of section 31, above, may only be terminated or cancelled by
the Owner after the Municipal Occupancy Permit for the last residential
building or part thereof to be constructed in the plan has been issued by
the Town.
(2)
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.
16
PART 6- PARKS & TREES
35. PROVISION OF PARKLAND
(1)
The Owner shall pay to the Town, prior to the registration of the plan,
the sum of $16,439 in partial satisfaction of the Owner's obligation to
provide parkland.
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 such registration, all of Blocks 68-4,
74-4 and 75-4 in partial satisfaction of the Owner's obligation to provide
parkland.
(3)
Upon the later of the making of the payment referred to in (1), above,
and the conveyance referred to in (2), above, the Owner shall have fully
complied with its obligation to provide parkland.
36.
FENCING
(I)
The Owner shall erect, upon the completion of final lot grading and
seeding or sodding the adjacent lands in the subdivision,
(a) a permanent fence of 9 gauge, galvanized steel link fencing,
having 0.05 metre mesh, 1.8 metres high,
(i)
along all boundaries of Block 68-4 adjacent to residential
lots in this or adjacent subdivisions;
(ii) along both sides of Block 92-7;
(iii)
along those boundaries of Lots 44-7 to 57-7, 61-7 to 65-7
and Block 85-7 separating those lots and that block from
Centennial Park;
and
(b)
a permanent privacy wood fence on steel frame, 1.8 metres high,
per Town Standard Drawing STD 209m, along the entire length of
Block 94-7,
as illustrated on Schedule C, attached.
The fencing required to he constructed pursuant to subsection (1),
above, shall be constructed so as to meet or except 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.
37. 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.
(2)
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.
38.
TREE PLANTING
(1) The Owner shall plant on road allowances within or adjacent to the plan,
302 trees of a size and type acceptable to the Town.
17
PART 6 - PARKS & TREES
(3)
(4)
A schedule of the Owner's tree planting scheme shall be approved by the
Director of Planning prior to the planting of any trees.
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.
If the density is too great to enable 302 trees to be planted, the Owner
shall pay to the Town $?0 for every tree which cannot be planted for tree
planting in a public land area within the community in which the plan is
located.
39.
TREE
(1)
(z)
(3)
(4)
(5)
(6)
PRESERVATION
The Owner shall retain, at its own expense, a qualified expert to prepare
a Tree Preservation Program indicating which existing trees shall be
preserved.
The Program shall be submitted to the Director of Planning for his review
and approval, and, once approved, shall be implemented as approved
only.
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.
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.
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.
The Owner's liability under subsection (5), above, shall continue until,
(a)
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
(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 WItEREOF, the said Parties have hereunto affixed their Corporate Seals
18
PART 6 - PARKS & TREES
attested to by the hands of their proper officers in that behalf fully authorized.
SIGNED, SEALED & DELIVERED
ROUGECREST CONSTRUCTION INC.
THE CORPORATION OF THE TOWN OF PICKERING
/
//
THE CADILLAC FAIRVIE~ CORPORATION LIMITED
In the presence of
WILLIAM MANDEL, as trustee
THE TORONTO-DOMINION BANK
19
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 the 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.
2. TEMPORARY TURNING CIRCLES
(1)
Notwithstanding the provisions of sections 12, 13 and 14 of this Agree-
ment, the Owner shall construct, at its sole expense and to the Town's
specifications, temporary turning circles on,
(a) Arathorn Court, immediately south of Block 95-7;
(b)
Baggin$ Street, either immediately west of Block 67-6 or immedi-
ately east of Block 99-7;
(c>
Dellbrook Avenue, either immediately east of Block 76-5 or imme-
diately west of Block 81-5;
(d)
Hollyhedge Drive, either immediately east of Block 72-4 or immedi-
ately west of Block 73-4;
(e)
Melman Street, immediately east of Block 97-7, and either immedi-
ately east of Block 70-6 or immediately west of Block 71-6;
(f)
Meriadoc Drive, either immediately south of Block 66-6 or imme-
diately north of Block 68-6;
(g) Tawnberry Street, immediately east of Block 96-7, and either
immediately west of Block 72-6 or immediately east of Block 73-6.
(z)
Further, the Owner shall remove, at its sole expense and to the Town's
specifications, any temporary turning circle located immediately adjacent
to the plan on a public highway to be extended by the Owner into the
plan, and shall replace any such circle with permanent services as if the
highway were a road in the plan.
(3)
As the temporary turning circles referred to in subsection (1), above,
will be required only if the sequence of construction in this plan and
adjacent lands warrants it, the Director of ?ublic Works may waive the
construction of any of the turning circles, at his sole discretion, if that
sequence does not warrant it.
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. FUTURE DEVELOPMENT BLOCKS
(1)
Blocks 69-4, 74-5, 75-5, 63-6 to 65-6 and 85-7 to 90-7 shall be held for
future residential development in conjunction with adjacent lands and such
development shall not commence without the prior written approval of the
Town which approval may be granted subject to conditions, one of which
may require certain amendments to be made to this Agreement.
A-1
SCHEDULE A
(z)
Until such time as the Blocks referred to in subsection (1), above, are
developed in accordance therewith, the Owner shall maintain them in a
clean and orderly condition to the satisfaction of the Town.
EXISTING VEGETATION/WELLS - ABUTTING LANDS
The Owner shall submit to the Town, before the commencement of construction,
a report of its consulting engineer indicating what effect, if any, storm water
management, site grading and services installation on site will have on ex~sting
vegetation and wells on lands abutting Lots 84-?, 66-7 and Blocks 85-7 to 90-7
and shah undertake and guarantee any works determined to be necessary in
that report.
A-2
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.")
(1)
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 reports required
by Condition No. 11 of the draft approval of this plan dated November
15, 1984, by the Commissioner of Planning of the Regional Municipality of
Durham.
The Owner shall obtain a permit for the works described in Condition
ll(b) of the draft approval referred to in (I), above.
(3)
Prior to the initiation of any grading or construction, the Owner shall
erect a temporary snow fence or other suitable barrier along the rear
boundary of Lots 38-7 to 46-7; this barrier shall remain in place until all
grading and construction are completed.
3. DURHAM BOARD OF EDUCATION
The Owner shall insert the following clause in the sale and purchase agreement
for each lot:
"School children from this development may have to be transported to
existing schools. Although a site in the area has been reserved for a
school building, a new school may not be built for several years and it
will be only when the number of students from a geographic attendance
area warrants the new accommodation."
4. NOISE CONTROL
(1)
Due to the proximity of Brock Road, traffic noise may interfere with some
activities of the dwelling occupants.
The Owner shall implement those noise control measures recommended in
the acoustic report required under condition 12 of the draft approval
referred to in section 2(1) of this Schedule.
B-1
SCHEDULE C
PLAN REGISTRATION PHASING
(1>
It is acknowledged and agreed that the Owner shall register the plan of
subdivision in four phases, designated Phase 4, Phase 5, Phase 6 and
Phase 7, as shown on pages C-3, C-4, C-5 and C-6.
(2)
This Agreement shall be registered on title to all the lands in the plan
prior to the registration of any phase of the plan.
(3)
(a)
(b)
(c)
Phases 4 and 5 shall be registered on or before December 31st,
1986.
Phases 6 and 7 sba31 be registered on or before December 31st,
1987.
The Phases must be registered only in the following order
Phase 4, Phase 5 or Phase 7, Phase 7 or Phase 5, Phase 6.
(4)
The provisions of the sections set out in the following
applicable to all phases but shah only take effect with
phase upon the registration of the plan for that phase.
Table shall be
respect to any
Table
Sections I1, 12, 13, 14, 15, 16, 19, 20, 21,
36, 37, and 38
Schedule A - Sections 1,
2, 3 and 4
22, 23, 24, 26, 27, 29, 30,
(5)
The provisions of section 17(1) shall be applicable to all phases but shall
take effect so as to require the payment to be made as follows:
(a)
(b)
(c>
(d)
$2,345 prior to the registration of Phase 4;
a further $2,555 prior to the registration of Phase 5;
a further $2,380 prior to the registration of Phase 6; and
a further $3,290 prior to the registration of Phase 7.
(6)
The provisions of section 28 shall be applicable to all phases but shall
take effect so as to require the housing units to be completed as follows:
(a) 67 units within two years of the date of registration of Phase
(b)
a further 73 units within two years of the date of registration of
Phase 5;
(c)
a further 68 units within two years of the date of registration of
Phase 6; and
(d)
a further 94 units within two years of the date of registration of
Phase 7.
C-1
SCHEDULE C
(7)
The provisions of section 31 shall be applicable to all phases but shall
take effect so as to require the security to be provided as follows:
(a)
(b)
(c)
(d)
$117,250 prior to the registration of Phase 4;
a further $127,750 prior to the registration of Phase 5;
a further $119,000 prior to the registration of Phase 6; and
a further $164,500 prior to the registration of Phase 7.
(8)
The provisions of section 35 shall be applicable to all phases but shall
take effect so as to require the payment and conveyances to be made as
follo~vs:
(a)
conveyance of Blocks 68-4, 74-4 and 75-4 within 30 days after the
registration of Phase 4, and
(b) payment of $16,439 prior to the registration of Phase 6.
(9)
The provisions of the sections set out in the following table shall be
applicable to all phases and shall take effect upon the registration of this
Agreement, subject to the provisions of subsections (5), (6) and (7) of
this section.
Sections 1, 2, 3, 4,
and 39
Table
5, 6, 7, 8, 9, 10, 17, 18, 25, 28, 31, 32, 33, 34, 35
Schedule A - section 5
Schedule B - sections 1, 2, 3 and 4
Schedule C - section 1
G-2
SCHEDULE B
THIS AGREEMENT made this 2nd day of June, 1986.
BETWEEN
ROUGECREST CONSTRUCTION INC.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
THE CADILLAC FAIRVIEW CORPORATION LIMITED,
WILLIAM MANDEL as trustee, and
THE TORONTO-DOMINION BANK
hereinafter collectively called the "Encumbrancer"
OF THE THIRD PART.
WHEREAS, by Agreement dated May 21, 1985, between the Owner, the Town and the
Encumbrancer, the Owner proposed to subdivide and register, with the consent of the
Encumbrancer, a plan of subdivision of part of Lot 19, Concession 2, Pickering,
being Draft Plan Number 18T-82016 (Revised); and
WHEREAS it is deemed desirable to amend the said Agreement in a certain respect;
and
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:
The lands affected by this Agreement are:
ALL AND SINGULAR that certain parcel or tract of land and premises situate,
lying and being in the Town of Picketing, in the Regional Municipality of
Durham (formerly in the Township of Picketing in the County of Ontario) and
Province of Ontario and being composed of,
FIRSTLY, Lots 1 to 120, inclusive, and Blocks 121 and 122, Plan 40M-1379, and
SECONDLY, Lots 1 to 127, inclusive, and Block 128, Plan 40M-1380, and
THIRDLY, Lots 1 to 106, inclusive, and Blocks 106 to 1Il, inclusive, Plan
40M-14XX.
o
In this Agreement, the term "Subdivision Agreement" shall mean the Agreement
dated May 21, 1985, between the Owner, the Town and the Encumbrancer,
notice of which was registered April 22, 1985 (40M-137q, 40M-1380), and June
2nd, 1986 (40M-14XX) as Instruments LT267584 and LT ,
respectively.
The Owner acknowledges and agrees that it is bound by all the terms and
provisions of the Subdivision Agreement as amended hereby.
This Agreement shah have priority over and take precedence over all of the
Encumbrancer's rights or interests, 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,
(1)
(2)
Whenever in this Agreement the word "Owner", or "Encumbrancer" and
the pronoun "it" is used, it shah be read and construed as "Owner or
Owners", "Encumbrancer or Encumbrancers" and "his", "her" or "them",
respectively, and the number of the verb agreeing therewith shall be
construed accordingly.
Whenever in this Agreement reference is made to any specific lot or block
by number and such reference contains a hyphen (eg. Block 30-3), the
number preceding the hyphen shall refer to the lot or block designation
and the number following the hyphen shall refer to the phase number.
6. Time shall be of the essence of this Agreement.
This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
Section 1 of the Subdivision Agreement is deleted and section 1 of this Agree-
ment substituted therefor.
Section 15 of the Subdivision Agreement is amended by deleting items (a), (b),
(d), (i), (j), (m), (n), (o), (r), (s) and (t).
10.
Section 17 of the Subdivision Agreement is amended by deleting "$25,865.00"
and substituting "$15,120.00" therefor.
11.
Section 22 of the Subdivision Agreement is amended by deleting items (a), (b),
(d), (e), (i), (j), (m), (n), (o), (r) and (s).
12.
Section 23 of the Subdivision Agreement is amended by deleting items fa), (c)
[except with respect to Block 133-3], (f), fi), (j), (k), (]) and (n).
13.
Subsections fi) and (2) of Section 28 of the Subdivision Agreement are amended
by deleting the number "740" from each and substituting the number "432"
therefor in each case.
14.
Section 31 of the Subdivision Agreement is amended by deleting "$1,205,000"
and substituting "$756,000" therefor.
(1)
Subsection (1) of Section 35 of the Subdivision Agreement is amended by
deleting "$371,988" and substituting "$358,129" therefor.
(2) Subsection (1) of that section is further amended by deleting "partia]"
and substituting "full" therefor.
(3) Subsections (2) and (3) of that section are de]eted.
16.
Subsection (1) of Section 36 of the Subdivision Agreement is amended by delet-
ing subclauses fa) (iv), fa) (v), fa) (vi) and (b) (iv) and by substituting for the
latter the following:
(iv)
along Block 131-3 from a point opposite the southeast corner of
the nearest dwelling to be erected on the abutting residential lot
to the northerly end of Block 131-3,
17.
Subsections (1) and (4) of Section 38 of the Subdivision Agreement are amended
by deleting the number "740" from each and substituting the number "432"
therefor in each case.
18.
Subsection (1) of Section 2 of the Schedule A to the Subdivision Agreement is
amended by deleting items fa), (c), (f), (h), fi) and (j).
19. Subsection (1) of Section 4 of Schedule A to the Subdivision Agreement is
amended by deleting "147-4 to 149-4 and 145-5 to 153-5".
20. Section 5 of Schedule A to the Subdivision Agreement is deleted.
Z1. Subsection 3 of Section 2 of Schedule B to the Subdivision Agreement is
amended by deleting "the rear boundary of Lots 98-5 to 106-5 and'~.
22.
(1) Subsection (1) of Section 1 of Schedule C to the Subdivision Agreement is
amended by,
fa) deleting "five" and substituting ~three' therefor, and
(b) deleting 'C-6 and C-7".
(2) Subsection (3) of that section is amended by,
fa) deleting "and 4" from Clause (b), and
(b) deleting Clauses (c) and (d).
(3) Subsection (5) of that section is amended by deleting clauses (d) and
(e).
(4) Subsection (6) of that section is amended by deleting clauses (d) and
(e).
(5) Subsection (7) of that section is amended by deleting clauses (d) and
(e).
(6) Subsection (8) of that section is amended by deleting reference to Sched-
ule A, section 5 from the Table.
23. Pages C-6 and C-7 of the Subdivision Agreement are deleted.
IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate
attested to by the hands of their proper of£icers in that behalf fully authorized.
Seals
SIGNED, SEALED & DELIVERED
ROUGECREST CONSTRUCTION INC.
THE CORPORATION OF ,THE TOWN OF PICKERING
J/~'~ E.' AndeP~o'h, M'ayor-
ce Taylor, Clerk
THE CADILLAC FAIRVIEW CORPORATION LIMITED
In the presence of
WILLIAM MANDEL, as trustee
THE TORONTO-DOMINION BANK