HomeMy WebLinkAboutBy-law 2357/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2357/87
Being a by-law to authorize the execution of an
agreement between The Corporation of the Town
of Picketing, J.D.S. Investments Limited and
Discovery Place Limited respecting the
development of five residential apartment
condominium buildings and one office-commercial
building in Lots 21 and 22, Concession 1,
Pickering (Glenanna Road/Kingston Road/Valley
Farm Road; A23/86, A27/86).
WHEREAS, as a condition of the approval on October 6, ~986, of Zoning By-law
Amendment Applications A23/86 and A27/86, it is necessary to enter into a Develop-
ment Agreement pursuant to the provisions of the Planning Act, 1983, S.O. 1983,
chapter 1, and the Municipal Act, R.S.O., 1980, chapter 302, with the Owner of the
subject lands, J.D.S. Investments Limited;
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 Development Agree-
ment in the form attached hereto as Schedule A between The Corporation of the
Town of Picketing, J.D.S. Investments Limited and Discovery Place Limited with
respect to the development of that part of the Town Centre Community in Lots
21 and 22, Concession 1, Pickering, bounded by Glenanna Road, Kingston Road
and Valley Farm Road and the Esplanade North (A23/86; A27/86).
BY-LAW read a first, second, third time and finally passed this January 19, 1987.
//~h'E. AhcFer~'oh, Mayor
~/' ,Igruc~ Taylor, Clo4'k
i TOWN OF
, PICKERtt,IG
APPROVED
LEGAL D~PT.
Schedule A to By-law 2557/87
Tills AGREEMENT made this 19th clay of January, 1987.
BETWEEN:
J.D.S. INVESTMENTS LIMITED
hereinafter called the "Owner"
OF TIlE FIRST PAF, T,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF TIlE SECOND PART,
- and -
DISCOVERY PLACE LIMITED
hereinafter called "Tridel"
OF TIlE TItlRD PART.
WHEREAS the Owner proposes to develop that part of Lots 21 and 22, Concession 1,
in the Town of Pickering, in the Regional Municipality of Durham, bounded by
Glenanna Road, Kingston Road, Valley Farm Road and the Esplanade Park; and
WIIEREAS, Tridel is to be the developer of the residential portion of the project;
NOW THEREFORE, Tills AGREEMENT WITNESSETtt, that in consideration of the Town
approving the proposed development and the covenants hereinafter expressed, the
Parties hereto covenant and agree one with the other as follows:
LAND AFFECTED
The lands affected by this Agreement [the "Lands"] are [those lands in Lots 21
and 22, Concession l, Pickering, shown on a plan of survey dated June 16,
1986 and prepared by Jack T. Garbutt, O.L.S. of I.M. Pastushak l.imited,
Ontario Land Surveyors (Ref, P86-31)1.
[This description will be replaced by full legal description acceptable for regis-
tration purposesl.
CANCELLATION OF AGREEMENT
In the event that a building permit to allow the construction on the Lands of
the first residential condominium apartment building is not issued on or before
July 31, 1988, the Town may, at its option on one month's notice to the Owner,
declare this Agreement to be null, void and of no further effect, and the Town
shall not be liable for any expenses, costs or damages suffered by the Owner
as a result thereof.
NOTICE
Any notice required to be given hereunder may be given by registered mail
addressed to the other Party at its principal place o[ business and shall be
effective as of the second clay immediately following the date of the deposit
thereof in the Post Office.
INTERPRETATION
(i)
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 tile number of the verb agreeing ~h'erewith shall be
construed accordingly.
(2) Schedule A hereto shall form part of this Agreement.
TIME
(1)
(2)
Time shall be of the essence of thi~ Agreement.
if the Official Plan Amendment or Zoning By-law Amendment for this
project is referred to or appealed to the Ontario Municipal Board the time
periods or time limits set out in sections 2, 24(l), 30(3) and 33(1) hereof
shall be extended automatically by adding thereto the time period between
the date of referral or appeal aod the date of the Board's order resulting
therefrom.
BINDING PARTIES
This Agreement and everything herein contained shall enure to the benefit
and be binding upon the Parties hereto, their successors and assigns.
of
LICENCE 'FO ENTER
The Owner shall retain a licence from any subsequent purchaser of the l,ands,
or any part thereof, to enter opon the l,ands or part thereof in order to com-
ply with the provisions of this Agreement.
OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good workmanlike man-
ncr, for the Town, all the municipal services as hereinafter set forth to the
satisfaction of the Town of Picketing, anti shall complete, perform or make
payment for such other matters as may be provided for herein.
CONSULTING ENGINEERS
(il
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 by this Agreement and for the
development of the Lands.
(2)
Such Consulting Engineer, or any successor thereto, shall continue to he
retained until the work provided for in this Agreement is completed and
formally accepted or approved by the Town.
10. STORM DRAINAGE
(D
The Owner shall construct a complete storm drainage system including
storm connections to the street line and catch basin leads to service the
Lands and to provide capacity for lands upstream thereof and to service
adiacent road allowances 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.
Such system shall he 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 to
service the I.ands and the aforementioned lands outside the Lands 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 Lands the
Owner shall be required to carry out such works as are necessary to
provicle 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 system
by the Town.
(5)
No connection under subsection 4, above, shall be undertaken or au-
thorized prior to preliminary acceptance of the sewer system by the
Town, except in an emergency.
11.
ROADS - ROUGlt GRADE
(1)
Prior to the installation or construction of the municipal services provided
for herein, the Owner shall roogh grade to the Town's specifications, to
lhe full width, the proposed Esplanade North road allowance, being Parts
23 and 60, Plan 40R-7765.
(2)
The Owner shall keep all boulevards clear and free of materials and
obstructions which might interfere with the installation of electric, tele-
phone, gas or other utilities.
12.
ROADS - PAVED
The Owner shall construct the proposed Esplanade North road, according
to the Town's specifications for paved roads of the Town in effect at the
date hereof.
(3)
Until assumption by the Town, the Owner shall maintain and repair the
proposed Esplanade North road and, all other roads where construction
has taken place or that are used by constrtiction traffic entering the
[,ands and keep such roads clear of mud. dust, refuse, rubbish or other
litter of all types.
The Owner shall erect and maintain adequate signs to warn all persons
using the proposed Esplanade North road that the maintenance of it has
not been assumed by the Town from the time that it is opened until
formal assumption by the Town.
(4) Such signs and the location thereof are subject to the approval of the
Town's Director of Public Works.
13. CURBS & GUTTERS
(l)
The Owner shall construct curbs and gutters on the proposed Esplanade
North road and on Kingston Road adjacent to the Lands according to the
specifications of the Town in effect at the date hereof and shall maintain
them until they are formally accepted by the Town.
if any curb depressions are not located correctly with ~e~pect to a drive-
way. the Owner shall construct a curb depression in the correct location
and fill in the original cnrb depression according to the said specifica-
tions.
14. BUS LANE
(1)
The Owner shall construct a bus lane 20 metres in length on the west
side of Valley Farm Road immediately south of any driveway entrance to
the Lands to be installed on that side of Valley Farm Road, and shall
replace existing curb, gutter, sidewalk and bicycle path adjacent to that
bus lane.
(2) The bus lane shall be constructed to the same specifications as the
proposed Esplanade North road.
15. SIDEWALKS AND BICYCLE PA'FIlS
(1)
The Owner shall construct a combined sidewalk and bicycle path on the
east side of Glenanna Road adjacent to the Lands and on the south side
of Kingston Road adjacent to the l,ands.
(2)
Wherever the existing sidewalk or bicycle path on the west side of Valley
Farm Road is damaged during thc development of the Lands, the Owner
shall repair or repl/tce the sidewall( or bicycle path.
16. BOULEVARDS
(1)
The Owner shall construct, sod and landscape the Kingston Road boule-
vard adjacent to the [,ands.
The Owner shall repair, re-sod or re-landscape the Glenanna Road boule-
vard adjacent to the Lands and the Valley Farm Road boulevard adjacent
to the Laods wherever they are damaged during the development of the
Lands.
17.
ELECTRICAL SERVICES
Where electricity, cable television service or telephone service is to be provided
to any building or site on the Lands, it shall be provided underground and in
accordance with the standards and specifications of Picketing ttydro-Efectric
Commission, Picketing Cable T,V. Limited or Bell Canada, as the case may be.
18.
STREET lAG[VI'lNG
(1)
The Owner shall install street lights, including poles and other necessary
appurtenances, on the proposed Esplanade North road and shall upgrade
the street lighting adjacent to the Lands on Glenanna Road, Kingston
Road and Valley Farm Road.
(2)
Electrical service for street lighting shall be provided underground and
not aboveground.
(3) Street lighting and its related electrical service shall be designed and
installed in accordance with standards established by the Town and in
conformity with the Association of Municipal Electrical Utilities Guide to
Municipal Standard Construction.
(4) The installation of street lighting and its related services shall be under
the supervision anti inspection of Picketing Hydro-Electric Commission.
19.
INSPECTIONS
(i)
Prior to the issuance of the first building permit allowing the construction
of any building on the Lands, the Owner shall pay to the Town the sum
of $3,450 as an engineering drawing inspection fee.
(2)
All works required to be constructed by the Owner, except those re-
ferred to in sections 17 and 18 shall he 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 sobsection (2) may include, but not necessarily
be limited to, salaries and wages of Inspectors, testing fees and adminis-
tration fees.
20,
LIABILITY INSURANCE
(l)
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 on the Lands
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 ]apse of the 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)
The Owner shall notify the Town of the dates for the renewal of the
policy and to snpply proof that the renewal premium has been paid in
order that the protection provided by the IAability Insurance Policy shall
not Iai)st;.
21.
PERFORMANCE & MAINTENANCE GUARANTEE
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 19 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.
(2)
]'he 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
t hah ,
(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
6
(4)
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 l, the Town Manager or the Town
Treasurer shall provide to the Owner any necessary assurance to effect
the reduction.
22. DRAINAGE - SODDING
(1)
The Owner shall provide to the Town, before commencing any of the work
provided for herein and prior to the commencement of the development of
the I,ands with a Grading Control Plan prepared by the Owner's Consult-
ing 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 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 Agree-
ment, and shall not provide for the drainage of surface run-off water
onto Town-owned land, except roads, unless provision is made for the
installation by the Owner. at no cost to the Town, of suitable swales and
catch basins to manage adequately, in the opinion of the' Town's Director
of Parks and Recreation, that surface run-off water.
The Grading Control Plan is sub}ect to the approval of the Town's Direc-
tors of Public [Vorks and Parks and Recreation.
The grading of all lands shall be carried out by the Owner in accordance
with the approved Grading Gontrol Plan, under the supervision of the
Owner's Consulting Engineer,
(s)
If, in the opinion of the Director of Public Works, drainage problems
occur prior to formal acceptance of the works by the Town, tile 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.
(6)
The Owner shall sod the Lands except for paved, planted or treed areas,
upon the completion of the construction of buildings thereon.
23. INCOMPLETED OR FAULTY WORK
(D
If, in the opinion of the Director of Public 'igorks, 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 tile 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, itl 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 ~orks shall promptly notify the Owner in
writing of such default or neglect and if such notification be withont
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, but in the
case of the surety, only to the extent of the amount of the letter of
credit provided under section 21.
(2)
In cases of emergency, in the opinion of the Director of Public Works,
such work may be done without prior notice bnt the Owner shall be
forthwith notified.
7
(3)
(4)
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 t'wenty 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.
24. TRANSFERS - CONVEYANCES
Subject to the provisions of section 37(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 this Agreement or within the 90 days immediately
following the registration hereof,
fa)
a 3.0 metre wide promenade parcel along the entire boundary of
the Lands adjacent to the proposed Esplanade North road and
along that portion of the boundary of the residential portion of
the Lands adjacent to Glenanna Road; - '
(b)
a walkway, having an average width of 4.0 metres, between
Kingston Road and the proposed Esplanade North road, along the
westerly boundary of the plan or plans of condominium adjacent to
Valley Farm Road;
(c)
a walkway having an average width of 3.0 metres, between
Kingston Road and Glenanna Road, along the easterly boundary of
the office-commercial building site;
(d) five pedestrian rest areas, one at each of,
ti)
(ii)
(iii)
(iv)
tv)
the Glenanna Road/Kingston Road intersection.
the 4.0 metre walkway/Kingston Road intersection,
the Kingston [toad/Valley Farm Road intersection,
the Valley Farm Road/promenade intersection, and
the promenade/Glenanna Road intersection.
(2)
Notwithstanding the provisions of subsection ti), 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.
25.
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 within the
Lands.
(2)
Such easements shall be subject to the approval of the Director of Public
Works or bis designate as to their location and width.
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 fins been obtained by the Owner, in
writing, from the Towo and from the registered owner of the lands across
which the easement shah [ie.
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 to the
Town's specifications for paved roads.
(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
(d)
(i) Neither to dump nor to permit to be dumped, any fill or debris
on, nor to remove or permit to be removed, any fill from any
public lands, other than in the actual repair or construction of
roads, without the written consent of the authority responsible
for such public lands.
(ii) On request, to supply the Town with an acknowledgement from
such authority of the Owner's compliance with the terms of sub-
clause {i).
(iii) There shall be no burning of refuse or debris upon the Lands or
any public lands.
0ualitative 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 works or services required by this Agreement, and
the cost of such tests shall be paid by the Owner within 30 days of the
account being rendered by the Town.
(e) Relocation of Services
(i) To pay the cost of relocating any existing services and utilities
within 30 days of the account for same being rendered by the
Town.
(ii) Similarly to pay the cost of moving any services or utilities
installed under this Agreement in driveways or so close thereto,
in the opinion of the Director of Public Works, as to interfere
with the use of the driveway.
(f) Specifications
Unless otherwise provided, to perform any work required to be done
under this Agreement to the specifications of the Town in effect at the
date hereof.
(g) 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.
(h) 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.
(i) Engineering Drawings
Prior to the final acceptance of the works, to supply the Town with the
original engineering drawings with amendments, if any, noted thereon.
(j)
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 of the works, lie
has fonnd or re-established all standard iron bars and survey monuments
delineating the boundaries of the Lands, the promenade, the pedestrian
rest areas and walkways.
27.
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
No building permit shall be issued for any building or part of a building
on the Lands until sewer and water facilities are available, and in the
opinion of the Director of Public Works, capable of providing adequate
service.
No building or part of a building on the Lands 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 operatiou to adequately serve such building or'part thereof;
(ii) Electric service is completed and in operation; and
(iii)
An asphalt or equivalent hard-surfaced base has been laid on the
road immediately in front of the building or part thereof and
extended to an existing maintained public road.
(4)
The Owner shall maintain pedestrian and vehicular access to each oc-
cupied building on the Lands at all times until the building becomes part
of a registered plan of condominium.
28.
COMMENCEMENT OF DEVELOPMENT
(1)
Tile Lands shall be developed for five residential condominium apartment
buildings, which may or may not be linked by accessory buildings, and
one office-commercial building, and for no other purpose.
Prior to the issuance of any building permit for the construction on the
I,ands of a building in excess of 600 square metres gross floor area, the
Owner shall commence construction of all works required to be construct-
ed by it outside the boundary of the Lands, except those works to be
constructed on Kingston Road, although this shall not prevent the Owner
from commencing the construction on Kingston Road at that time should it
wish to do so.
(3)
Prior to the issuance of arty building permit for the construction of a
building in Area A of the [,ands, as shown on Schednle A, the Owner
shall commence construction of all works required to be constructed by it
on Kingston Road adjacent to Area A.
(4)
Prior to the issuance of any bnilding permit for the construction of a
building in Area F of the [,ands, as shown on Schedule A, the Owner
shall commence construction of all works required to be constructed by it
on Kingston Road adjacent to Area F.
Prior to tile issuance of the third building permit for the construction of
a building in excess of 601) square metres gross floor area on the Lands,
the Owner shall commence construction of all works required to be con-
structed hy it on Kingston Road adjacent to the Lands.
l0
(6)
Works to be constructed outside the boundary of the Lands shall be
completed within two years of the date of commencement of those works,
and the Owner shall guarantee the workmanship and materials for a period
of two years from the date that the works are approved in writing by the
Town's Director of Public Works, Director of Parks and Recreation and
Director of Planning.
29.
SITE DESIGN AND PLANNING
(z)
(3)
(4)
The Owner shall, prior to the issuance of any building permit for the
construction of any building on the Lands, 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 unrea-
sonably withheld.
The report referred to in subsection (1) may be required, at the Direc~
torts option, to provide the following information:
(a)
(bi
(c)
(dj
(e)
(fi
building massing;
streetscape;
exterior materials and colours;
architectural style;
visual variety;
energy conservation measures; and
any other data or information required.
The Owner shall, prior to the issuance of any building permit for the
construction of a building to be erected on any part of the Lands, submit
to the Director, for approval, site plans and architectural drawings for
that building and its site, which approval shall not be unreasonably
withheld.
The plans and drawings referred to in subsection (3) may be required, at
the Director's option, to provide the following information:
(a)
(bi
(c)
(dj
(e)
(fi
the location of all buildings and structures to be erected and the
location of all facilities and works associated therewith;
the location of landscaping features, inchtding trees;
streetscape for all elevations at a scale acceptable to the Director;
streetscape to show all street furniture and vegetation;
the relationship of buildings by blocks; and
any other data or information required.
(5)
Prior to the issuance of any building permit for the construction of a
particular building to be erected on the [,ands, the Owner shall comply
with all provisions of the Planning Act, 1983, including the entering into
of a l)uvelopment Agreement respecting the specific portion of the l.ands
supporting that building, which agreement shall deal with all matters of
site development, including,
(a)
(bi
(c)
(dj
(e)
(fi
(g)
(hi
on site sidewalks and walkways,
on site roads, road works, and parking areas,
on site grading,
on site sodding and landscaping,
on site recreational facilities,
on site lighting, and
on site and boundary fencing.
30.
FINANCIAl, PAYMENTS
(1) The Owner shall pay to the Town a residential unit levy for each dwelling
unit to be constructed on the Lands, each payment to be made when the
ll
(2)
(4)
(s)
building permit is issued for the building within which the unit is to be
located.
No building permit shall be issued for any building unless payment of the
residential unit levy has been paid for every dwelling unit within that
building.
The amount of each residential unit levy shall be the lesser of the amount
of the Town's two-bedroom apartment residential unit levy in effect on the
date of payment by the Owner, or
(a) $1.000 per unit, if paid on or before July 31, 1988;
(b) $2,000 per unit, if paid after July 31, 1988, but
January 31, 1990; or
(c) $3.000 per unit, if paid after January 31. 1990.
on or before
So long as any residential unit levy to be paid hereunder remains unpaid,
neither the Owner nor Tridel, nor any person on their behalf shall object
to, oppose, appeal or otherwise attack the amount of. or the Town's right
to impose a two-bedroom apartment residential unit levy. or to adjust the
amount thereof, so long as the amount, the imposition or the adjustment
is applied to all two-bedroom apartment residential projects in the Town.
A letter from the Clerk of the Town advising that the' residential unit
levy has been paid for every dwelling unit within a building shall be
deemed to be a release of this section for the building referred to in the
letter.
31.
GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in frill on all the Lands as required by law from titne to
time.
(b) Local Improvements
Prior to the registration of this Agreement, to prepay any outstanding
local improvement charges which are levied 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 this Agreement or any other related documentation.
including transfers, in the Registry or [,and Titles Office.
(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 such work done or material supplied
for or on behalf of the Owner, 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.
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32. EXPIRY OF LETTERS OF CREDIT
(1)
Should any letter of credit required to be given under the terms of this
Agreen~ent expire during the currency of the Agreement, the party that
originally provided the letter of credit shall provide to the Town, at least
30 days in advance of the expiry date of that letter of credit, a further
letter of credit to take effect upon the expiry.
(2) Such further letter of credit shall be to the satisfaction of the Town.
(3)
Should no such further letter of credit be provided as required, then the
Town shall have the right to convert the expiring letter of credit into
cash and hold the cash in lieu of and for the same purposes as any
further letter of credit.
33. PROVISION OF PARKLAND
(1)
Prior to the issuance of a building permit for each of the residential
condominium apartment buildings to be constructed on the Lands, the
Owner shall pay to the Town a sum calculated as follows;
$1,392,825
5 XN,
where the factor N is 1.0 if the payment is made in 1987, and increases
at the rate of 0.1 per year thereafter (e.g. 1.1, if the payment is made
in 1988; 1.2, if the payment is made in 1989), each payment being in
partial satisfaction of the Owner's obligation to provide parkland.
(2)
Upon receipt by the Town of the fifth payment under subsection (1), the
Owner shall have fully satisfied its obligation to provide parkland.
34. TREE PLANTING
(1)
The Owner shall plant on road allowances adjacent to the Lands, on the
promenade, on the walkway and on the pedestrian rest areas, a total of
435 trees of a minimum three inch diameter and of a type acceptable to
the Town.
(z)
A schedule of the Owner's tree planting scheme shall be approved by the
Director of Planning prior to the planting of any trees.
(3)
The trees approved by the Town shall be planted by the Owner in accor-
dance with a planting schedule approved by the Town..
35. PROMENADE AND PEDESTRIAN REST AREAS
(1)
At the time that the proposed Esplanade North road is being constructed,
the Owner shall develop the north boulevard thereof, the adjacent
promenade, the east boulevard of Glenanna Road adjacent to the l,ands,
and the pedestrian rest areas referred to in section 24(l)(d)(iii), (iv)
and (v), in accordance with plans prepared by the Owner and approved
by the Town.
(z)
The plans submitted by the Owner for approval shall show the location,
type, size, design and construction details, where appropriate, of
(a)
(b)
(c)
(d)
(e)
surface materials,
trees and shrubs,
seats, benches and other street hardware,
promenade lighting,
bus ki.osks, and
other features present.
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(3)
The Town, in approving the Owner's submitted plans, may amend those
plans to require any of the items referred to in subsection (2) to be
included, where they are not included by the Owner, or to be varied in
number (except trees), location, type, size, design or construction,
where they are included by the Owner, but not to the Town's satisfac-
tion.
36. WALKWAYS
(~)
Despite the provisions of section 24(l), the Owner may postpone the
conveyance to the Town of either or both walkways until such time as,
(a) in the case of the 4.0 metre walkway, the westerly boundary of
the plan or plans of condominium to the east of it have been
fixed, and
(b) in the case of the 3.0 metre walkway, the easterly boundary of
the office - commercial building site to the west of it has been
fixed.
but if such postponement occurs, the conveyance to the Town must be
made in accordance with the other provisions of section-24 within 30 days
of the Town requesting it.
(z)
Within one year of the conveyance to the Town of a walkway, the Owner
shall develop that walkway and,
fa)
in the case of the 4.0 metre walkway, the pedestrian rest areas
referred to in section 24(1)(d)(ii),
(b)
in the case of the 3.0 metre walkway, the pedestrian rest area
referred to in section ;)4 (1)(d)(i),
in accordance with plans prepared by the Owner and approved by the
Town.
(3)
The plans submitted by the Owner for approval shall show the location,
type, size, design and construction details, where appropriate, of
(a)
(b)
(c)
(d)
(e)
(f)
surface materials,
trees and shrubs,
seats, benches anti other walkway hardware,
walkway lighting,
walkway fencing, and
other features present.
(4)
The Town, in approving the Owner's submitted plans, may amend those
plans to require any other items referred to in subsection (3) to be
included, where they are not included by the Owner, or to be varied in
number, location, type, size, design or construction, where they are
included by the Owner but not to the Town's satisfaction.
(5)
When the 4.0 metre walkway is developed, the Owner shall install a bus
kiosk of a size, type and design approved by the Town, on the west side
of Valley Farm Road adjacent to the bus lane referred to in section 14.
37.
FENCING
The outside boundary of
sites on the Lands shall
designs submitted by it
approval process for the
site.
the residential condominium apartment building
be fenced by the Owner in accordance with
and approved by the Town in the site plan
first residential condominium apartment building
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(~)
(3)
(~)
The boundary between the office-commercial and residential portions of
the Lands shall be fenced by the Owner in accordance with designs
submitted by it and approved by the Town in the site plan approval
process for the office-commercial building site.
Fencing approved under subsections (1) and (2) shall be installed adja-
cent to each site as that site is developed and in accordance with any
agreement or agreements entered into pursuant to section 29(5).
All building sites shall be completely fenced during construction with a
solid wood hoarding fence at least 2.4 metres high, maintained in a prop-
er manner, painted, and kept free of bills and graffiti; entrances through
such hoarding shall be kept closed when the site is not under direct
supervision.
NOISE ATTENUATION
(1)
Prior to the issuance of a building permit to allow the first building to be
constructed, the Owner shall submit a noise attenuation report, prepared
by a qualified noise engineer, describing noise levels anticipated to affect
the Lands and any noise attenuation measures recommended to alleviate
the impact thereof, if necessary. , '
(2) The noise attenuation report shall be subject to the approval of the
Ministry of the Environment.
(3)
The Owner shall implement on the Lands, or in any building erected
thereon, all recommended noise attenuation measures approved by the
Ministry,
APPROVALS
No approval required by this Agreement to be given hy the Town or any em-
ployee thereof shall be unreasonably or arbitrarily withl~eld or delayed.
CONDOMINIUM DEVELOPMENT
(1)
Development of the residential portion of the Lands shall be effected only
by plan of condominium.
(2)
The Town may refuse to recommend and may oppose any proposed plan of
condominium on any part of the residential portion of the Lands if Tridel
is not,
(a)
(b)
(c)
the proponent of the proposed plan,
the developer of the proposed residential condominium apartment
building, and
the registered owner of, or the holder of a binding option to
purchase, all of the undeveloped residential portion of the Lands,
and the Owner and Tridel, or either of them shall not object to, oppose
or appeal the Town's refusal or opposition.
iN WITNESS WItEREOIr, the Parties hereto have hereunto affixed their Corporate Seals
15
attested by the hands of their authorized officers.
SIGNED, SEALED & DELIVERED
J.D.S. INVESTMENTS LIMITED
THE CORPORATfON OF THE TOWN OF PICKERING
John E. Anderson, Mayor
Bruce Taylor. Clerk
DISCOVERY PLACE LIMITED
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 inter-
est is set out in or arises hy virtue of any instrument or document registered on title
to the lands affected hereby, or any part of them, prior to the registration of this
Agreement,
Dated at , this da,] of , 1987.
SIGNED, SEALED & DELIVERED
CITIBANK CANADA
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