HomeMy WebLinkAboutBy-law 2249/86THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2249
Being a by-law to authorize the execution of a
Subdivision Agreement respecting Part Lots 11
and 12, Concession 5, Picketing (Draft Plan
18T-81047; McCully / Bryant)
WHEREAS a proposal to subdivide and register a plan of subdivision of part of Lots
11 and 12, Concession 5, 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 11 and I2,
Concession 5, Picketing (Draft Plan 18T-8]047; McCully/Bryant).
BY-LAW read a first, second and third time and finally passed this 16th day of June,
1986.
John E. Anderson, Mayor
/ B'iuce Taylor, Cle~
Schedule A to By-law ZZ49/86
THIS AGREEMENT made this day of
, 1986.
BETWEEN
JOHN PHILLIPS BRYANT
MARJORIE BRYANT
and
IAIN ALASTAIR MORRISON McCULLY
hereinafter collectively called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
REPNITZ HOLDINGS LIMITED
and
VICTORIA AND GREY TRUST COMPANY
hereinafter collectively called the "Encumbrancer"
OF THE THIRD PART.
WHEREAS the Owner proposes to subdivide part of Lot 11, Concession 5, in the Town
of Picketing 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 Horton, Wallace & Davies Ltd. and designated as
Draft Plan Number 18T-81047 (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
l. LAND AFFECTED
The lands affected by this Agreement (the "Lands") 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 and Province of Ontario and being composed of Lots 1 to 9, both
inclusive, according to a plan of subdivision registered in the Land Registry
Office for the Land Titles Division of Durham (No. 40) as Plan 40M-
PART 2 - GENERAL PROVISIONS
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 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.
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ENCUMBRANCER
This Agreement shall have priority over and take precedence over all of the
rights or interests of each of the companies comprising the Encumbrancer,
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
Whenever in this Agreement the word "Owner", or "Encumbrancer" and the
pronoun "it" is used, it shall 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.
SCHEDULES
Schedules A and B attached hereto shall form part of this Agreement.
TIME
Time shall be of the essence of this Agreement.
.2
BINDING PARTIES
This Agreement and everything herein contained shall enure to the
and be binding upon the Parties hereto, their successors and assigns.
benefit of
LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the Lands,
or any part thereof, to enter upon the Lands in order to comply with the
provisions of this Agreement.
PART 3 - SERVICES
10.
OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good workmanlike man-
ner, for the Town, all the municipal services as hereinafter set forth to the
satisfaction of the Town of Pickering, and shall complete, perform or make
payment for such other matters as may be provided for herein.
11. 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.
12.
STORM SEWERS
(1)
The Owner shall construct a complete storm sewer system including catch
basin leads to service all the lands in the subdivision and road allowance
adjacent to the subdivision, according to designs approved by the
Director of Public Works and according to the specifications of the Town
in effect at the date hereof and shall maintain it, including clearing any
blockages or debris from whatever cause, until it is formally accepted by
the Town.
(2)
Such system shall be constructed to an outlet or outlets according to
designs approved by the Director of Public Works and shall be of suffi-
cient size and depth and at locations either within or outside the subdivi-
sion to service the 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 subdivision, the
Owner may be required to carry out such works as are necessary to
provide an adequate outlet.
(4)
The Town may connect or authorize
system but such connection shall not
system by the Town.
connection into any part of the
constitute acceptance of the sewer
(5)
No connection under subsection 4 shall be undertaken or authorized prior
to preliminary acceptance of the sewer system by the Town, except in an
emergency.
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 in the subdivision.
(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.
14.
15.
ROADS - PAVED
The Owner shall construct the road in the plan of subdivision according
to the Town's specifications for paved roads in effect at the date hereof.
(2)
The Town's specifications for boulevard grading and sodding shall apply
to the existing road adjacent to the plan of subdivision (i.e. Concession 6
Road).
(3)
Until assumption by the Town, the Owner shall maintain and repair roads
both within and outside the subdivision where construction has taken
place or that are used by construction traffic entering the subdivision
and keep such roads clear of dust, refuse, rubbish or other litter of all
types.
ROADS - SIGNS
(i)
The Owner shall erect and maintain adequate signs to warn all persons
using the road in the subdivision that the maintenance of it has not been
assumed by the Town from the time that it is opened until formal assump-
tion by the Town.
Such signs and the location thereof are subject to the approval of the
Town's Director of Public Works.
16.
CURBS & GUTTERS
The Owner shall construct curbs and gutters on the road to be con-
structed pursuant to section 14 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.
17.
UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE &
STREET LIGHTING
(1)
Underground electric distribution shall be provided for all lots and the
block in the subdivision according to the standards and specifications of
Picketing Hydro-Electric Commission.
(2)
Cable television services shall be provided for all residential lots in the
subdivision according to the standards of Picketing Cable T.V. Limited.
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(3)
(4)
(5)
The Owner shall pay all costs of installation of street lighting, including
poles and other necessary appurtenances for the lighting of Trimb]e's
Lane, and for the upgrading of street lighting on Concession 6 Road
adjacent to the subdivision.
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 Picketing Hydro-Electric
Commission and Picketing Cable T.V. Limited, as the case may be.
18. INSPECTION OF WORK
(1) Prior to the registration of the plan, the Owner shall pay to the Town,
the sum of $245 as an engineering drawing inspection fee.
(2) All works required to be constructed by the Owner, except those re-
ferred to in section 17, shall be installed under the observation of In-
spectors employed by the Town and the Owner shall pay the costs in-
curred therefor within 30 day's of invoices being rendered.
(3)
The costs referred to in subsection (2) may include, but not necessarily
be limited to, salaries and wages of Inspectors, testing fees and adminis-
tration fees.
19. LIABILITY INSURANCE
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
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.
(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.
20. 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 18 of this Agreement;
(~)
(3)
(4)
(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.
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 re-
duction in the security and such application shall be made to the Town
Upon written verification from the Director of Public Works that the
construction, installation or performance of the works for which reduction
is being sought has been satisfactorily completed and paid for, the Town
Manager may reduce the amount of the security to an amount not less
than,
(a)
sixty per cent (60%) of the original value where no certificate or
declaration of substantial performance has been made;
(b) thirty-five per cent (35%) of the original value where,
(i)
a certificate or declaration of substantial performance has
been published;
(ii) 45 days following such publication have expired; and
(iii)
all liens that may be claimed against any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
and
(c) seventeen per cent (17%) of the original value where,
(i) a certificate of final completion has been made by the
Owner's consulting engineer~
(ii) forty-five days (45) days following the making of such
certificate have expired; and
(iii)
all liens that may be claimed against any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
which seventeen per cent (17%) portion shall secure the guarantee of
works, workmanship and materials, until the obligation to suarantee 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.
21. 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 subdivision, with a Grading Control Plan prepared by the Owner's
Consulting Engineer, establishing the proposed grading of the lands in
the subdivision to provide for the proper drainage thereof and the drain-
age of all adjacent lands which drain through the 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.
(3)
The grading of all lands referred to in subsection (1) 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 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 necessary to correct such problems.
(5) The Owner shall,
(a)
sod that part of each of Lots 2-8, both inclusive, within 3 metres
of each side of every driveway and parking area and within 4
metres of each building having a ground level area in excess of
33 square metres, and
(b)
seed the balance of the front, side and rear yards of each of the
residential lots,
except for paved, planted or treed areas, upon the completion of the
construction of buildings thereon.
22. INCOMPLETED OR FAULTY WORK
(1)
If, in the opinion of the Director of Public Works, the Owner is not
prosecuting or causing to be prosecuted the work in connection with this
Agreement within the specified time, or in order that it may be completed
within the specified time, or is improperly performing the work, or shall
the Owner neglect or abandon it before the completion, or unreasonably
delay the same so that the conditions of this Agreement are being violated
or carelessly executed, or in bad faith, or shall the Owner neglect or
refuse to renew or again perform such work as may be 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 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 20% of the labour and material value, and further, 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, with-
out which the Town would not have executed this Agreement.
23.
DEDICATIONS
The Owner shall dedicate Trimble's Lane as public highway upon the registra-
tion of the plan of subdivision.
24.
TRANSFERS - CONVEYANCES
(1)
The Owner shall convey Block 10 to the Town, free and clear of all
encumbrances and at no cost to the Town, upon the registration of the
plan of subdivision or within the 30 days immediately following the regis-
tration.
(z)
Notwithstandin'g the provisions of subsection (1), the transfer required
therein shall not he 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.
25.
TRANSFERS - EASEMENTS
(1)
The Owner shall arrange at no cost to the Town for conveying 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.
(z)
Such easements shall be subiect 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) 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.
26.
STREET NAMING
The Owner shall name the street "Trimble's Lane", on the plan to
tered.
be regis-
27. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a)
(b)
(c)
Pavin[~ of Driveway Approaches
To pave all driveway approaches between the curb and the lot line.
Continuation of Existin[~ Services
Where the construction of services herein involves a continuation of
existing services, to join into the same, including adjustment of grades
where necessary, in a good and workmanlike manner.
Public Lands - Fill & Debris
(i) Neither to dump nor to permit to be dumped, any 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
8
(ii)
(iii)
actual construction of the road in the subdivision without the
written consent of the authority responsible for such lands.
On request, to supply the Town with an acknowledgement from
such authority of the Owner's compliance with the terms of sub-
clause (i).
That there shall be no burning of refuse or debris upon its lands
or any public lands.
(d) Construction Traffic
Wherever possible, to ensure that construction traffic serving the devel-
opment of this plan does not use roads, in this plan or adjacent plans,
having occupied residential units fronting thereon.
(e) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or quantitative tests
made of any materials which have been or are proposed to be used in the
construction of any services required by this Agreement, and the cost of
such tests shall be paid by the Owner within 30 days of the account
being rendered by the Town.
(f) Relocation of Services
(i)
(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 Sil~ns
To provide and erect at its own cost, to the specifications of the Town,
temporary signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
(i) Permanent Signs
To provide and erect at its own cost, to the specifications of the Town,
permanent signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
(j) Engineering Drawings
Prior to the final acceptance of the works required hereby, to supply the
Town with the original drawings of the works, with amendments, if any,
noted thereon.
(k) Snow Plowin[~ & Sanding of Roads
(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 roads that receive the Town's winter control
service, including alternate means of access where available.
9
(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 works required hereby by the Town, to
supply a statement by an Ontario Land Surveyor that, after the com-
pletion of the works, 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.
PART 4 - CONSTRUCTION & OCCUPANCY OF BUILDING
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
28.
No building permit shall be issued for any building or part of a building
in the subdivision until storm sewer, sanitary sewage disposal 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, except the existing
dwellings on Lots 1 and 9, shall be occupied except upon the issuance of
a municipal occupancy permit.
(3)
No application for a municipal occupancy permit for a building or part of
a building shall be made except upon the following conditions:
(i) Storm sewer, sanitary sewage disposal 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,
are required
structed on
public road.
as in the opinion of the Director of Public Works,
to be completed prior to occupancy have been con-
the road and extended to an existing maintained
(4)
Should any building or part thereof in the subdivision, except the exist-
ing dwellings on Lots I and 9, be occupied without the prior issuance of
a munlcipa] 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 oc-
cupied, as liquidated damages therefor.
(5)
The Owner shall maintain vehicular access to all occupied buildings in the
subdivision until the road is formally assumed by the Town.
29.
TIME LIMIT FOR CONSTRUCTION
(1)
(2)
The Owner shall construct or cause to be constructed, in the subdivision
after the date hereof, 7 housing units, all of which shall be completed
within four years of the date of registration of the plan.
In the event that more or less than 7 housing units are to be ~onstructed
in the subdivision, an amendment to this Agreement shall be required.
10
30.
DESIGN PLANNING
(1) (a)
(b)
(a)
(b)
The Owner shall, prior to the issuance of any building permit for
the construction of any residential unit in the subdivision, submit
to the Town's Director of Planning, for approval, a report outlin-
ing siting and architectural design objectives for the subdivision,
which approval shall not be unreasonably withheld.
(z)
This report may be 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 an?' building permit for
the construction of a residential unit to be erected in the subdi-
vision, 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.
31.
PART 5 - FINANCIAL MATTERS
FINANCIAL PAYMENTS
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 hereafter in the subdivision,
each payment to be made before the building permit for the unit is is-
sued.
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.
11
(4)
(5)
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.
A letter from the Town Clerk 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 letter.
32. 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 $12,250 as security for:
(a) the payments referred to in section 31 hereof; and
(b) the payment of liquidated damages referred to in subsection 28(4) hereof.
33. GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands in the plan of subdivision, as
required by law from time to time.
(b) Interest
To pay interest at the rate of eighteen per cent (18%) per annum to the
Town on all sums of money payable herein which are not paid on the due
dates calculated from such due dates.
(c) Registration Fees
To pay all registration costs incurred by the Town relating in any way to
the registration of the plan of subdivision or any other related documen-
tation, including transfers, in the Land Titles Office.
(d) Lien or Other Claims
Upon applying for final acceptance of the works required hereby, to
supply the Town with a Statutory Declaration that all accounts for work
and materials have been paid, except normal guarantee holdbacks, and
there are no claims for liens or otherwise in connection with such work
done or material supplied for or on behalf of the Owner in connection
with the works 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.
34. EXPIRY OF SECURITIES
(~)
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.
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35.
TERMINATION OF LEVY/OCCUPANCY SECURITY
(1)
The security required to be deposited with the Town pursuant to the
provisions of section 32 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.
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.
PART 6 - PARKS ~ TREES
36. PROVISION OF PARKLAND
The Owner shall pay to the Town the sum of $6,002.50 prior to the registration
of the pl&n of subdivision in full satisfaction of the Owner*s obligation to pro-
vide parkland and the Town shall accept such payment in lleu of a conveyance
of lands for park purposes.
3?.
FENCING
(1)
The Owner shall erect, prior to the occupancy of any dwelling on any of
Lots 4, 5, 6, 7, and 8, a permanent fence of 9 gauge, galvanized steel
link fencing, having 0.05 metre mesh, 1.8 metres high along the
southerly boundary of Lots 4, 5, and 6 and that part of the easterly
boundary of Lots 6, 7 and 8 adjacent to lands owned by the Durham
Board of Education.
(2)
The fencing required to be constructed pursuant to subsection (1) shall
be constructed so as to meet or exceed the requirements for swimming
pool enclosures as set out in Part II of the Town's By-Law 425/?6, as
amended from time to time, or any successor thereto.
(3)
The Owner shall further erect, at the time the fencing referred to in
subsection (1) is erected, vehicle barriers on Block 10, to be constructed
in accordance with the Town's specifications therefor and to the satisfac-
tion of the Director of Public Works.
38. LANDSCAPE PLANNING
The Owner shall, prior to the issuance of building permits for any of the
units to be erected in the subdivision, submit a detailed landscaping plan
for all of the lots in the subdivision to the Town for approval.
(z)
Such landscaping plan shall include adequate buffering facilities in the
west boulevard of Trimble's Lane between Concession 6 Road and a point
adjacent to the north-east corner of Lot 1.
(3)
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.
39. TREE PLANTING
(1)
The Owner shall plant on Trimble's Lane 7 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.
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(3)
(4)
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 7 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.
40.
TREE
(D
(3)
(,~)
(5)
PRESERVATION
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 and taking into consideration the
vegetation report and inventory prepared by Cosburn Giberson Consul-
tants Ltd. received by the Town April 4, 1985.
The Program shall be submitted to the Director of Planning for re~iew
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 subdivision, 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, diameter and spe-
cies determined by the Director; such replacement shah be at no cost to
the Town.
(6) The Owner's liability under subsection (5) shall continue until,
(a) where the lands upon which the tree is located comprise a res-
idential building lot, 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 WHEREOF, the persons comprising the Owner have affixed their hands
and seals and the companies comprising the Encumbrancer and the Town have hereun-
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to affixed their Corporate Seals
that behalf fully authorized.
SIGNED, SEALED & DELIVERED
attested to by the hands of their proper officers in
In the presence of
Witness
Witness
Witness
JOHN PHILLIPS BRYANT
MARJORIE BRYANT
lAIN ALASTAIR MORRISON McCULLY
THE CORPORATION OF THE TOWN OF PICKERING
John E. Anderson, Mayor
Bruce Taylor, Clerk
REPNITZ HOLDINGS LIMITED
VICTORIA & GREY TRUST
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