HomeMy WebLinkAboutBy-law 2047/85THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2047/85
Being a by-law to authorize the execution of a
Subdivision Agreement between J.D.S. Invest-
ments Limited and The Corporation of the Town of
Picketing respecting part of Lot 2, Bostwick's
Plan (part Lot 24, Concession 1), Picketing
(Draft Plan 18T-79036)
WHEREAS J.D.S. Investments Limited proposes to subdivide and register a plan of
subdivision of part of Lot 2, Bostiwick's Plan (part Lot 24, Concession 1), Picketing;
and
WHEREAS, that proposal has been approved by the Council of The Corporation of the
Town of Picketing and the Regional Municipality of Durham, subject to several con-
ditions, one of which requires the entering into of a satisfactory Subdivision Agree-
ment between J.D.S. Investments Limited and The Corporation of the Town of Picker-
ing;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Subdivision Agree-
ment, in the form attached hereto as schedule A between J.D.S. Investments
Limited and The Corporation of the Town of Picketing, respecting that part of
Lot 2, Bostwick's Plan (part Lot 24, Concession 1), Picketing (Draft Plan
18T-84006)
BY-LAW read a first, second and third time and finally passed this 17th day of June,
1985.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2047/85
Being a by-law to authorize the execution of a
Subdivision Agreement between J.D.S. Invest-
ments Limited and The Corporation of the Town of
Pickering respecting part of Lot 2, Bostwick's
Plan (part Lot 24, Concession 1) , Pickerin g
(Draft Plan 18T-79036)
WHEREAS J.D.S. Investments Limited proposes to subdivide and register a plan of
subdivision of part of Lot 2, Bostiwick's Plan (part Lot 24, Concession 1), Pickering;
and
WHEREAS, that proposal has been approved by the Council of The Corporation of the
Town of Pickering and the Regional Municipality of Durham, subject to several con-
ditions, one of which requires the entering into of a satisfactory Subdivision Agree-
ment between J.D.S. Investments Limited and The Corporation of the Town of Picker-
ing;
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 Agree-
ment, in the form attached hereto as schedule A between J.D.S. Investments
Limited and The Corporation of the Town of Pickering, respecting that part of
Lot 2, Bostwick's Plan (part Lot 24, Concession 1), Picketing (Draft Plan
18T-84006)
BY-LAW read a first, second and third time and finally passed this 17th day of June,
1985.
Schedule A
THIS AGREEMENT made this 17th day of June, 1985.
BETWEEN:
J.D.S. INVESTMENTS LIMITED
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 BANK OF NOVA SCOTIA
hereinafter called the "Encumbrancer"
OF THE THIRD PART.
WHEREAS, the Owner proposes to subdivide part of Lot 2, Bostwick's Plan, in the
Town of Pickerlng 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
Conroy Dowson Planning Consultants Incorporated and designated as Draft Plan
Number 18T-79036;
WHEREAS, the Encumbrancer has certain rights or interests in the nature of encum-
brances relating to the lands affected herebyI
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:
ALL AND SINGULAR that certain parcel or tract of land and premises situate,
lying and being in the Town of Pickering, in the Regional Municipality of
Durham and Province of Ontario and being composed of Lots 1 to 19, both
inclusive, and Block 22. according to a plan of subdivision registered in the
Land Registry Office for the Land Titles Division of Durham (No. 40) as Plan
40M-
2
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 Pickering, and shall
complete, perform or make payment for such other matters as may be provided
for herein.
o
CONSULTING ENGINEERS
(1)
The Owner shall retain a Professional Engineer as the Consulting Engineer
of the Owner shall carry out all the necessary engineering and to super-
vise generally the work required to be done for the development of this
subdivision.
(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.
STORM SEWERS
(i)
The Owner shall 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 to provide capacity for lands upstream,
according to designs approved by the Director of Public Works and ac-
cording to the specifications of the Town in effect at the date hereof and
shall maintain it, including clearing any blockages or debris from what-
ever cause, until it is formally accepted by the Town.
(2)
Such system shall be constructed to an outlet or outlets according to
designs approved by the Director of Public Works and shall be of suffi-
cient size and depth and at locations either within or outside the lands
affected hereby to service the plan of subdivision 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 subdi-
vision, 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.
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.
(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 2 - SERVICES (Cont'd)
ROADS - PAVED
(1)
The Owner shall construct the road shown on the plan of subdivision,
and reconstruct Dixie Road adjacent to the plan of subdivision, according
to the Town's specifications for paved roads of the Town in effect at the
date hereof.
The specifications for boulevard grading and sodding shall apply to all
existing roads 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
using the road in the plan of subdivision and Dixie Road adjacent to the
plan of subdivision that the maintenance of it has not been assumed by
the Town from the time thai 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.
CURBS & GUTTERS
(1)
The Owner shall construct curbs and gutters on the roads to be con-
structed or 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.
(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.
SIDEWALKS
The Owner shall construct a sidewalk,
(a) on the east side of Dixie Road adjacent to Blocks 22, 24 and 25;
(b) on Lydia Crescent adjacent to Lots 1-13, inclusive, and Block 20; and
(c) on the south side of Finch Avenue adjacent to Block 27,
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.
UNDERGROUND ELECTRIC DISTRIBUTION,
CABLE TELEVISION SERVICE & STREET LIGHTING
(l)
Underground electric distribution shall be provided for Blocks 20 and 22
and all residential lots within the plan of subdivision according to the
standards and specifications of Picketing Hydro-Electric Commission.
4
PART 2 - SERVICES (Cont'd)
UNDERGROUND ELECTRIC DISTRIBUTION,
CABLE TELEVISION SERVICE & STREET LIGHTING (Cont'd)
Cable television services should be provided for Block 22 and all
residential lots 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 road in
the plan, and all boundary roads requiring upgraded lighting.
(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 Picketing Cable T.V. Limited, as the case may be.
10. INSPECTION OF WORK
(1)
Prior to the registration of the plan, the Owner shall pay to the Town
the sum of $1,050 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 thirty days of invoices being rendered.
(3) The costs referred to in subsection (2), above, may include, but not
necessarily be limited to, salaries and wages of Inspectors, testing fees
and administration fees.
11. 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, 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 thirty days of the account therefor being rendered by the
Town.
(4)
It shall be the responsibility of the Owner to notify the Town of the
dates for the renewal of the premium of the said policy and to supply
proof that the premium of the said policy has been paid in order that the
protection provided by the Liability Insurance Policy shall not lapse.
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 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,
PART 2 - SERVICES (Cont'd)
12. PERFORMANCE & MAINTENANCE GUARANTEE (Cont'd)
(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 11 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
two years from the date that the works are completed and such
completion acknowledged, in writing, by the Director of Public
Works.
(2)
The Owner may, at any time after the first 50% in value of works having
been constructed, installed or performed, and paid for, apply for a
reduction in the security and such application shall be made to the Town
Treasurer.
(3)
Upon written verification from the Director of Public Works that the
construction, installation or performance of the works for which reduction
is being sought have been satisfactorily completed and paid for, the Town
Manager may reduce the amount of the security to an amount not less
than,
(a)
sixty per cent (60%) of the original value where no certificate or
declaration of substantial performance has been made;
(b) thirty five per cent (35%) of the original value where,
(i)
a certificate or declaration of substantial performance has
been published;
(ii) 45 days following such publication have expired; and
(iii)
all liens that may be claimed against any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
and
(c) seventeen per cent (17%) of the original value where,
(i) a certificate of final completion has been made by the
Owner's consulting engineer;
(ii) 45 days following the making of such certificate have
expired; and
(iii)
all liens that may be claimed against any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
which seventeen per cent (17%) portion shall secure the guarantee of
works, workmanship and materials, until the obligation to guarantee has
expired, when the balance of the security shall be returned to the Owner
subject to any deductions for rectification of deficiencies.
(4)
Upon the approval, if any, of a reduction in the amount of the security
required to be provided in subsection I, the Town Manager or the Town
Treasurer shall provide to the Owner any necessary assurance to effect
the reduction.
6
PART 2 - SERVICES (Cont'd)
13.
DRAINAGE - SODDING
(D
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 in the plan to provide for the proper drainage thereof and the
drainage o{ all adjacent lands which drain through those lands.
(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 shall be carried out by the Owner in accordance
with the Grading Control Plan, under the supervision of the O~vner's
Consulting Engineer.
(4)
If, in the opinion of the Director of Public Works, drainage problems
occur prior to formal acceptance by the Town of the works in the plan of
subdivision, the Owner shall correct them by re-grading or by the con-
struction of catch basins, swales or other structures as may be necessary
to correct such problems.
(5)
The Owner shall sod the front, side and rear yards of each of the lots
and blocks except for paved, planted or treed areas, upon the completion
of the construction of buildings thereon.
14. 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 rejected by the
Director of Public Works as defective or unsuitable, or shall the Owner in
any other manner, in the opinion of the Director of Public Works, make
default in performance of the terms of this Agreement, then in any such
case, the said Director of Public Works shall promptly notify the Owner
and his surety in writing of such default or neglect and if such notifica-
tion be without effect within ten clear days after such notice, then in
that case, the Director of Public Works shall thereupon have full authori-
ty to purchase such materials, tools and machinery and to employ such
workmen as in his opinion shall be required for the proper completion of
the said work at the cost and expense of the Owner or his surety, or
both.
(2)
In cases of emergency, in the opinion of the Director of Public Works,
such work may be done without prior notice but the Owner shall be
forthwith notified.
(3)
The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
(4)
It is understood and agreed that such costs shall include a management
fee of twenty per cent (2096) 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.
PART 2 - SERVICES (Cont'd)
15.
DEDICATIONS
The Owner shall dedicate Lydia Crescent as public highway, upon the registra-
tion of the plan.
16. TRANSFERS ~ LANDS
(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 plan, the follow-
ing lands:
(a) Blocks 24 and 25 (Dixie Road reserves);
(b) Block 26 (Lydia Crescent reserves); and
(c) Block 20 (walkway).
(2)
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.
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 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 (]), 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.
18.
STREET NAMING
The Owner shall name the street "I,ydia Crescent" on the final plan.
19.
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.
PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Pavin~ of Driveway Approaches
To pave all driveway approaches on the plan between the curb and side-
walk, 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 the road 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 ]ands.
(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 thirty days of the account
being rendered by the Town.
(f) Relocation of Services
(i)
To pay the cost of relocating any existing services and utilities
caused by the works within thirty days of the account for same
being rendered by the Town.
(ii)
Similarly to pay the cost of moving any services or utilities
installed under this Agreement in driveways or so close thereto,
in the opinion of the Director of Public Works, as to interfere
with the use of the driveway.
(g) 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
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.
PART 2 - SERVICES (Cont'd)
20.
GENERAL PROVISIONS - SERVICES (Cont'd)
(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, to supply the Town with the
original drawings of the engineering works, with amendments, if any,
noted thereon.
(k) Snow Plowing & 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 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.
(1) Survey Monuments & Markers
Prior to the acceptance of the works by the Town, to supply a statement
by an Ontario Land Surveyor that, after the completion o£ 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.
10
PART 3 - CONSTRUCTION - OCCUPANCY OF BUILDINGS
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
21.
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 shall be occupied
except upon the issuance of a municipal occupancy permit.
(3)
No application for a municipal occupancy permit for a building or part of
a building shall be made except upon the following conditions:
(i)
Storm sewer, sanitary sewer and water facilities are installed and
in operation to adequately serve such building or part thereof;
(ii) Electric service is completed and in operation;
( iii )
An asphalt base has been laid on the road immediately in front of
the building or part thereof and extended to an existing main-
tained public road; and
(iv)
Such curbs, as in the opinion of the Director of Public Works,
are required to be completed prior to occupancy have been con-
structed on the said road and extend to an existing maintained
public road.
(4)
(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 road is formally assumed by the Town.
22. TIME LIMIT FOR CONSTRUCTION
(1)
The Owner shall construct or cause to be constructed 30 housing units.
which shall be completed within two years of the date of registration of
the plan.
(2)
In the event that more or less than 30 housing units are to be construct-
ed, an amendment to this Agreement shall be required.
23. DESIGN PLANNING
(1) (a)
The Owner shall, prior to the issuance of any building permit for
the construction of any residential unit, submit to the Town's
Director of Planning, for approval, a report outlining siting and
architectural design objectives for the development which approval
shall not be unreasonably withheld.
(b)
This report may be required, at the Director's option, to provide
the following information:
11
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
23.
DESIGN PLANNING (Cont'd)
(i) house massing;
(ii) streetscape;
(iii) exterior materials and colours;
(iv) architectural style;
(v) visual variety;
(vi)
(vii)
(2) (a)
(h)
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, submit to the Director, for
approval, site plan and architectural drawings for that unit,
which approval shah not be unreasonably withheld.
These plan 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)
(iii)
(iv)
(v)
(vi)
the location of landscaping features, including trees to be
preserved;
streetscape for front and rear elevation at a scale accept-
able to the Director;
streetscape to show all street furniture and vegetation;
the relationship of buildings by blocks; and
any other data or information required.
12
PART 4 - FINANCIAL MATTERS
24. 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 for which a building permit is received.
(2)
No building permit shah 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.
(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.
25.
FINANCIAL SECURITY
The Owner shall, immediately prior to the registration of either of the plan,
deposit with the Town, a security payable to the Town, in a form satisfactory
to the Town, for the sum of $52,500 as security for:
(a) the payments referred to in section 24 hereof; and
(b) the payment of liquidated damages referred to in subsection (4) of section
21 hereof.
26.
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 said plan of
subdivision, 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.
13
PART 4 - FINANCIAL MATTERS (Cont'd)
26.
GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd)
(e) Lien or Other Claims
Upon applying for final acceptance of the works, 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 work done or material supplied for
or on behalf of the Owner in connection herewith, or if such claims do
exist, the Owner shall indemnify the Town against all claims, actions or
demands for construction liens or otherwise and all costs in connection
therewith.
27.
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.
28.
TERMINATION OF LEVY/OCCUPANCY SECURITY
(i)
The security required to be deposited with the Town pursuant to the
provisions o£ section 25, 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.
(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.
14
PART 5 - PARKS & TREES
29. PROVISION OF PARKLAND
(1)
The Owner shall pay to the Town, prior to the registration of the plan,
the sum of $11,697 in partial satisfaction of the Owner's obligation to
convey parkland to the Town.
(z)
The Owner shall convey to the Town, free and clear of all encumbrances,
at no cost to the Town, and within 30 days of the registration of the
plan, all of Block 21 in partial satisfaction of the Owner's obligation to
convey parkland to the Town.
(3)
Upon the completion of the later of the payment referred to in subsection
(1) and the conveyance referred to in subsection (2), the Owner shall
have fully satisfied its obligation to provide park]and to the Town.
30.
FENCING
(1)
The Owner shall erect, upon the completion of final lot grading and
seeding or sodding the lands in the subdivision, a permanent fence of
(a)
9 guage, galvanized steel link fencing, having 0.05 metre mesh,
1.8 metres high, along,
(i) the boundary of Block 21 except adjacent to Lot 4 and
Block 20;
(ii) both sides o£ Block 20; and
( iii )
the west side lot line of Lot 1 and the rear lot lines of
Lots 14 to 19, inclusive, and
(b)
pressure treated wood, in a solid barrier fashion, using gal-
vanized hardware and fasteners, 1.8 metres high, along the rear
lot lines of Lots 1 to 4, inclusive, adjacent to Block 22.
(2)
The fencing required to be constructed pursuant to subsection (1),
above, shall be constructed so as to meet or exceed the requirements for
swimming pool enclosures as set out in Part II of the Town's By-Law
425/76, as amended from time to time, or any successor thereto.
(3)
The Owner shall further erect, at the time the fencing referred to in
subsection (1) is erected, vehicle barriers on Block 20 adjacent to Lydia
Crescent, to be constructed in accordance with the Town's specifications
therefor and to the satisfaction of the Director of Public Works.
31.
DRAINAGE ONTO OPEN SPACE/PARKLAND
(1)
The Owner shall ensure that the lands within the plan of subdivision do
not drain surface run-off water onto Town owned parkland, open space or
walkways.
(2)
Where this is not possible, the Owner shall install within the parkland,
open space or walkways, as the case may be, at a distance no greater
than six metres from the property line, suitable swales and catch basins
to adequately manage, in the opinion of the Director of Parks and Recre-
ation, all surface run-off water, draining onto the parkland open space or
walkways from the lands within the plan of subdivision.
32.
LANDSCAPE PLANNING
(1)
The Owner shall, prior to the issuance of building permits for any of the
units to be erected on the lands in the plan, submit a landscaping plan
for all of the lots and blocks on the plan to the Town for approval.
15
PART 5 - PARKS & TREES
(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.
33.
TREE PLANTING
(1)
The Owner shall plant on road allowances within or adjacent to the plan,
trees of a size, number 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) A list of acceptable tree species and sizes will be provided.
(4)
The trees approved by the Town shall be planted by the Owner no more
than six months after final grading is done in the specified area.
(5) (i)
The Owner shall plant one tree per residential unit in the plan.
(ii)
Where the density is too great to enable this quota to be met, the
Owner shall provide $70 for every unit for which a tree cannot be
planted for tree planting in a public land area within the commu-
nity in which the plan is located.
34.
TREE PRESERVATION
(1)
The Owner shall retain, at its own expense, a qualified expert to prepare
a Tree Preservation Program indicating which existing trees shall be
preserved.
(2)
The Program shall be submitted to the Director of Planning for his review
and approval, and, once approved, shah 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 plan, including the removal of any trees therefrom.
(s)
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,
(1)
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.
16
PART 6 - GENERAL PROVISIONS
35.
LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the lands in
the plan, or any part thereof, to enter upon such lands in order to comply
with the provisions of this Agreement.
36.
CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before December
31st, 1985, the Town may, at its option on one month's notice to the Owner,
declare this Agreement to be null and void.
37.
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.
38.
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.
39.
INTERPRETATION
(1)
Whenever in this Agreement the word "Owner" or "Encumbrancer" or the
pronoun "it" is used, it shall be read and construed as ~Owner or Own-
ers", "Encumbrancer or Encumbrancers", and "his", "her" or "them",
respectively, and the number of the verb agreeing therewith shall be
construed accordingly,
(2) Schedules A and B attached hereto shall form part of this Agreement.
40.
TIME
Time shall be of the essence of this Agreement.
41.
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.
17
" PART 6 - GENERAL PROVISIONS (Cont'd)
IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate Seals
attested to by the hands of their proper officers in that behalf fully authorized.
SIGNED, SEALED & DELIVERED
J.D.S. INVESTMENTS LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
4a or o
THE BANK OF NOVA SCOTIA
18
SCHEDULE A
1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
(1)
Save as herein otherwise provided, the Owner shall complete the works
required under this Agreement within the time limits specified in the
Table set out below 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,
Any works other than that specifically provided /or in the Table shall be
completed within the time limit provided for therein for aboveground
services.
Table
Works
Time Limit for Construction
(a)
Aboveground Services
Two years from the date of the regis-
tration of the plan of subdivision
(b)
Underground Services
Two years from the date of the regis-
tration of the plan of subdivision
2. DEMOLITION OF EXISTING STRUCTURES
The Owner shall demolish or remove all existing structures from the lands in
the plan prior to making any application for a building permit for any dwelling
or commercial building.
CONTRIBUTIONS TO COSTS OF EXISTING SHARED SERVICES
Prior to the registration of the plan, the Owner shall pay to Runnymede Devel-
opment Corporation Limited the sum of $4,435 to secure the payment of the
Owner's portion of the costs incurred by Runnymede Development Corporation
Limited in the re-construction of Dixie Road, which re-construction serves, in
part, the lands in this plan of subdivision.
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.") & MINISTRY OF NATURAL RESOURCES ("M.N.R.")
- ENGINEERING & DRAINAGE REPORT/FENCING & FILL
(i)
(2)
The Owner shall carry out, or cause to be carried out, to the satisfaction
of M.T.R.C.A. and M.N.R., the recommendations referred to in the
report required in Condition 17 of the draft approval, dated November
13th, 1980 of this plan by the Minister of Housing.
To prevent the unauthorized dumping of fill, snow fencing or other
suitable barriers along the eastern boundaries of Lots 5 to 13, inclusive
and Block 22 prior to the initiating of grading or construction on the site
and shall keep those barriers in place until all grading and construction
are completed.
B-1