HomeMy WebLinkAboutBy-law 2485/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.2485 /87
Being a By-law to authorize the execution of a
Subdivision Agreement respecting the development
of Part Lot 19, Concession 9, Pickering (Draft
Plan 18T-85027; Claremont Estates Ontario Inc.
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 19,
Concession 9, Picketing, 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 with The Corporation of the Town of Picketing;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
The Mayor and C]erk are hereby authorized to execute a Subdivision Agree-
ment, in the form attached hereto as Schedule A, respecting the development of
Part Lot 19, Concession 9, Picketing (Draft Plan 18T-85027; Claremont Estates
Ontario Inc.).
BY-LAW read a first, second and third time and finally passed this 19th day of May,
1986.
//~l'~n El And~s-on, Mayor
TOWN OF
PICKERiNG
APPROVED
AS TO EORM
LEGAL DEPT.
2is ITEM
(3)
(4)
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.
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.
19. PERFORMANCE & MAINTENANCE GUARANTEE
(1)
Before commencing the construction, installation or performance of any of
the works provided for herein, the Owner shall supply the Town with a
60% performance and maintenance security in a form satisfactory to the
Town and in an amount established by the Director of Public Works (the
"original value") for the purpose of,
(a)
guaranteeing the satisfactory construction, installation or perfor-
mance of the works;
(b)
guaranteeing the payment of any amounts payable to the Town
under section 17 of this Agreement;
(c) guaranteeing the payment of any amount that the Town may be
required to pay under the provisions of the Construction Lien
Act, 1983 and
(d)
guaranteeing all works, workmanship and materials for a period of
2 years from the date that the works are completed and such
completion acknowledged, in writing, by the Director of Public
Works.
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
Treasurer,
(3)
Upon written verification from the Director of Public V/orks 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) 45 days following the making of such certificate have
expired; and
-5 -
(3)
(4)
(b) streetscape;
(c) exterior materials and colours;
(d) architectural style;
(e) visual variety;
(f) energy conservation measures; and
(g) any other data or information required,
The Owner shall, prior to the issuance of any building
permit for the
construction of a residential unit to be erected on the Lands, submit to
the Director, for approval, site plans and architectural drawings for that
unit, which approval shall not be unreasonably withheld.
The plans and drawings referred to in subsection (3) may be required, at
the Director's option, to provide the following information:
(a)
the location of all buildings and structures to be erected and the
location of all facilities and works associated therewith including
wells and sanitary sewage disposal systems;
(b) the location of landscaping features, including trees to be pre-
served;
(c)
streetscape for front and rear elevation at a scale acceptable to
the Director;
(d) streetscape to show all street furniture and vegetation;
(e) the relationship of buildings by blocks; and
(f) any other data or information required.
29.
FINANCIAL PAYMENTS
(i)
The Owner shall pay to the Town a unit levy in the amount of $2,000 per
unit, if paid on or before December 31, I987, $2,500 per unit if paid
after December 31, 1987, but on or before July 31, 1988 and $2,750 per
unit if paid after July 31, 1988, for each dwelling unit to be erected
hereafter in the subdivision, each payment to be made before the building
permit for the unit is issued.
(2)
No building permit shall be issued for any dwelling unit unless payment
of the unit levy shall have been made in advance of the issuance of such
permit with respect to such dwelling unit.
(3)
Payments of such levies shall be made to the Town from time to time as
building permits are required.
(4)
In any event, the Owner shall pay all levies due under the provisions of
this section in full no later than 18 months from the date of registration
of the plan,
(5)
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.
30.
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 $60,500 as security for the payments referred to in section 29
hereof.
- 10 -
228
ITEM lo
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 the conditions of draft
approval, dated August 5, 1986 of Draft Plan 18T-85027 by the Commissioner of
Planning of the Regional Municipality of Durham and these sections are not
intended to bind the Owner to the Town nor the Town to the Owner in any
manner whatsoever and are not to be construed as relating in any way to any
of the other provisions of this Agreement.
METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY
("M.T.R.C.A.")
(1)
(2)
The Owner shall carry out, or cause to be carried out, to the satisfaction
of M.T.R.C.A., the recommendations referred to in the Report required
by Condition 16(a) of the approval dated August 5, 1986 of this plan by
the Commissioner of Planning of the Regional Municipality of Durham.
The Owner shall not place fill, grade, construct any buildings or struc-
tures without prior written approval being given by M.T.R.C.A.
METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY
("M.T.R.C.A.") & MINISTRY OF NATURAL RESOURCES ("M.N.R.")
The Owner shall, prior to the initiation of any grading or construction, erect a
suitable barrier along the surveyed regional floodline on the east side of the
watercourse or along the open space zone within Lots 8 through 22 inclusive,
whichever is most restrictive and maintain the barrier in good report (sic) for
the duration of construction and not dispose of material or disrupt vegetation
beyond this line, except to carry out works as approved by M.N.R. and
M.T.R.C.A.
MINISTRY OF NATURAL RESOURCES ("M.N.R.")
(1)
The Owndr shall carry out works as required in Condition 12 of the
approval dated August 5, 1986 of this plan by the Commissioner of Plan-
ning of the Regional Municipality of Durham.
(z)
The Owner shall obtain prior approval from M.N.R. under the Lakes and
Rivers Improvements Act for any alteration to the watercourse.
REGIONAL MUNICIPALITY OF DURHAM HEALTH SERVICES DEPARTMENT
("D.H.S.")
The Owner shall obtain approval from D.H.S. with respect to installation of
sub-surface sewage disposal system (sic) and wells.
MINISTRY OF THE ENVIRONMENT ("M.O.E.")
The Owner agrees to the satisfaction of M.O.E. (sic) that the wells be drilled
to a depth of greater than 25 metres and that a qualified hydrologist certify
that each well is drilled to the depth specified above (sic) and constructed to
M.O.E. standards (Ontario Regulation 612-84).
B-1
ITEM
When the municipality completes the preparation of the zoning
by-law referred to in condition 7, the said by-law must I)e
circulated to Metropolitan Toronto & Region Conservation
· Authority and the Ministry of Natural Resources. lhis would
facilitate clearance by the said agency.
lhe developer or his consultant contact the Metropolitan
Toronto & Region Conservation Authority prior to preparing the
report and plans required by condition 11.
Il'EM 19
14. SIDEWALKS
(1)
The Owner shall construct the following segments of sidewalk, in each
case prior to the occupancy of any dwelling unit on any lot or block
adiacent to that segment, despite the provisions of section 1 of Schedule
A:
(a)
adjacent to Lots 7 to 12 and Block 24 on the west side of William
Street; and
(b)
adjacent to Lots 13 to 22 and Lot 40, Plan 12 on the west side of
William Street.
(2) The owner shall maintain each segment of sidewalk until it is formally
accepted by the Town.
15. ELECTRICAL SERVICES
Where electricity, cable television service or telephone service is to be provided
to any lot or block in the plan of subdivision, it shall be provided underground
and in accordance with the standards and specifications of Pickering
Hydro-Electric Commission, Picketing Cable T.V. Limited or Bell Canada, as the
case may be,
16.
STREET LIGHTING
(i)
The Owner shall pay all costs of installation of street lighting, including
poles and other necessary appurtenances for the lighting of William Street
in the plan of subdivision, and for the upgrading of street lighting on
Old Brock Road and William Street adiacent to the plan of subdivision.
(~)
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 and inspection of Picketing Hydro-Electric Commission.
17. INSPECTIONS
(i)
Prior to the registration of the plan, the Owner shall pay to the Town,
the sum of $770 as an engineering drawing inspection fee.
(2)
All works required to be constructed by the Owner, except those re-
ferred to in section 16, 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 days 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.
18. LIABILITY INSURANCE
(1)
Before commencing any of the work provided for herein, the Owner shall
supply the Town with a Liability Insurance Policy in a form satisfactory
to the Town, naming the Town as an insured and indemnifying the Town
from any loss arising from claims for damages, injury or otherwise in
connection with the work done by or on behalf of the Owner in the plan
of subdivision and elsewhere.
(2) The amount of the Policy shall be $5,000,000.
-4-
'z'z. 'Z. ITEM
(1)
ex{sting Town roads or to roads that receive the Town's winter
control service, .including alternate means of access where
available.
(ii)
Such snow plowing and sanding shall be done from time to time
when the Director of Public Works deems conditions warrant and
until such time as the roads are acceptable to the Director of
Public Works for winter control.
Survey Monuments & Markers
Prior to the acceptance of the 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.
26. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
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, 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, as in the opinion of the Director of Public Works,
are required to be completed prior to occupancy have been con-
structed on the road and extended to an existing maintained
public road.
(4)
The Owner shali maintain vehicular access to all occupied buildings in the
subdivision until the road is formally assumed by the Town.
27.
HOUSING UNITS
In the event that more oi~ less than 22 housing units are to be constructed in
the plan, an amendment to this Agreement shall be required.
28. DESIGN PLANNING
(1)
The Owner shall, prior to the issuance of any building permit for the
construction of any residential unit in the plan of subdivision, submit to
the Town's Director of Planning, for approval, a report outlining siting
and architectural design objectives for the subdivision, which approval
shall not be unreasonably withheld.
(z)
The report referred to in subsection (1) may be required, at the Direc-
tor's option, to provide the following information:
(a) house massing;
-9-
ITEM 19
SCHEDULE A
227
1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
Subject to the provisions of section 14 of this Agreement, save as herein other-
wise provided, the Owner shall complete the works required under this Agree-
ment within two years from the date of the registration of the plan of subdivi-
sion, 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 Direc-
tor of Public Works, the Director of Parks and Recreation, or the Director of
Planning, as the case may be.
e
TURNING CIRCLE
The Owner shall remove, at its sole expense and to the Town's specifications,
the turning circle located immediately adjacent to the plan on existing William
Street and shall replace such circle with permanent services as if existing
William Street were a road in the plan.
DEMOLITION OF EXISTING BUILDINGS
All buildings and structures on the Lands, except the residence on Lot 2, shall
be demolished by the Owner, at its sole expense, prior to the issuance of any
building permit
PHASING OF REGISTRATION OF PLAN
The registration of this plan shall not occur in phases
sent to this Agreement.
without a prior amend-
FUTURE DEVELOPMENT BLOCK - BLOCK 24
Block 24 shall be reserved by the Owner for future residential develop-
ment and shall be maintained to the Town's satisfaction by the Owner
until developed.
(z)
Development of Block 24 shall not occur until after an amendment to this
Agreement specifically permitting it.
ENGINEERING REPORTS
(1)
Prior to the registration of the plan of subdivision, the Owner shall
submit a detailed engineering report identifying how any effect of storm
water run-off, site grading and services resulting from the proposed
development of the Lands will be accommodated in such a way that exist-
ing vegetation and buildings or structures on abutting properties will not
be adversely affected and the various tributaries of Duffin Creek will be
properly protected according to storm water management practices accept-
able to the Town.
(z)
The Owner shall develop the Lands in accordance with the Geo-Environ
Limited Site Suitability Study dated September, 1985.
A-1
ITEM
~ That the owner undertake and guarantee any work necessary
to implement conO~tion g.
G That the maintain block 23 the satisfaction of
owner
to
the Town until it is developed.
(i) That prior approval be received from the Ministry of
Natural Resources under the Lakes and Rivers ~mprovements
Act for any alteration to the watercourse·
17. That prior to final approval, the Con~issioner of Planning for
the Region of Durham, shall be advised in writing by:
Town of Pickering, how conditions 1,2,3,4,6,6,7,8,9,
13, 15 and 16(g) and 16(h) have been satisfied;
b) Ministry of Natural Resources, how conditions 8,12,
16(c), 16(d) and 16(h) have been satisfied;
c)
Metropolitan Toronto & Region Conserva:ion Authority, how
conditions 8,10,16(a),16(b) and 16(c) nave been
satisfied.
d) Ministry of the Environment, how condition 16(f) has been
satisfied.
e) Durham Region Health Services Department, how conditions
1] and 16(e) have been satisfied.
NOTES TO DRAFT APPROVAL
As owner of the proposed subdivision, it is in your interest
as well as your responsibility to satisfy all conditions of
approval in an expeditious manner.
2. All plans of subdivision must be registered in the land
titles system within the Durham Region.
Where agencies requirements are contained in the subdivision
agreement, a copy of the agreement shall be sent to these
agencies in order to faci.litate their clearance for final
approval· These agencies are:
a) Ms. A. Aitkens, Metropolitan Toronto & Region
Conservation Authority, S Shoreham Drive, North ~ork
Ontario M3N lS4 661-6600
b) Mr. D. Pirie, Ministry of the Environment, ? Overlea
Blvd., 4th Floor, Don Mills, Ontario M4H 1A8,
424-3000.
c) Mr. B. Devitt, Health Services Dept. 301 Golf Street,
Oshawa, Ontario L1G 482 723-8521.
d) Ministry of Natural Resources, 1040 Dufferin Street,
Maple, Ontario LOT lEO 832-2761.
(3)
(4)
(5)
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 to
service the plan of subdivision and the lands outside the plan of subdivi-
sion which, in the opinion of the Director of Public Works, will require
its use as a trunk outlet.
Should, in the opinion of the Director of Public Works, an inadequate
stream, structure or facility exist in the outlet system outside the plan of
subdivision, the Owner may be required to carry out such works as are
necessary to provide an adequate outlet.
The Town may connect or authorize connection into any part of the
system but such connection shah not constitute acceptance of the sewer
system by the Town.
No connection under subsection 4 shall be undertaken or authorized prior
to preliminary acceptance of the sewer system by the Town. except in an
11. ROADS - ROUGH GRADE
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.
12.
ROADS - PAVED
(1)
The Owner shall construct William Street in the plan of subdivision and
the untravelled portion of that part of Old Brock Road adjacent to the
plan of subdivision, according to the Town's specifications for paved
roads in effect at the date hereof.
The Town's specifications for boulevard grading and sodding shall apply
to the existing Town road adjacent to the plan of subdivision (i.e. Old
Brock Road).
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 mud, 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 that the maintenance of it has
not been assumed by the Town from the time that it is opened until
formal assumption by the Town.
(5)
Such signs and the location thereof are subject to the approval of the
Town's Director of Public Works.
13.
CURBS & GUTTERS
The Owner shall construct curbs and gutters on the roads to be con-
structed pursuant to section 12 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.
(z)
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.
3
ITEM
(c) Public Lan~ls - Fill & Debris
(i)
Neither to dump nor to permit to be dumped, any fill or debris
on, nor to remove or permit to be removed, any fill from any
public lands, other than in the actual construction of the roads in
the subdivisions, 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).
(iii)
That there shall be no burning of refuse or debris upon its lands
or any public lands.
(d) Construction Traffic
Wherever possible, to ensure that construction traffic serving the devel-
opment of this plan of subdivision does not use roads, in this plan or
adjacent plans, having occupied residential units fronting thereon.
(e) Qualitative or Quantitative Tests
(f)
The Director of Public Works may have qualitative or quantitative tests
made of any materials which have been or are proposed to be used in the
construction of any services required by this Agreement, and the cost of
such tests shall be paid by the Owner within 30 days of the account
being rendered by the Town.
Relocation of Services
(i)
(ii)
To pay the cost of relocating any existing services and utilities
caused by the subdivision work within 30 days of the account for
same being rendered by the Town.
Similarly to pay the cost of moving any services or utilities
installed under this Agreement in driveways or so close thereto,
in the opinion of the Director of Public Works, as to interfere
with the use of the driveway,
(g) Specifications
Unless otherwise provided, to perform any work required to be done
under this Agreement to the specifications of the Town in effect at the
date hereof.
(h) Temporary Signs
(i)
(9
To provide and erect at its own cost, to the specifications of the Town,
temporary signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
Permanent Signs
To provide and erect at its own cost, to the specifications of the Town,
permanent signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
Engineering Drawings
Prior to the final acceptance of the works required hereby, to supply the
Town with the original drawings of the 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
8
226
ITEM 19
ENCUMBRANCERS
This Agreement shall have priority over and take precedence over all of the rights or
interests of the Encumbrancers, whether or not any such right or interest was estab-
lished 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.
Dated at , , 1987.
Signed, sealed and delivered
296720 ONTARIO INC.
Dated at , , 1987
Signed, sealed and delivered
In the presence of
Esther Lynn Winterstein
- 13-
ITEM
That prior to final approval of the plan, t~e :.'~r shall
satisfy all requirements, financial and other.'~, of the lown
ot Picketing. This shall include among othe. -~ers,
execution of a subdivision agreement between ~-e owner and the
Town o~ Nickering, concerning the provision ar~ 'ns~alla:ion
of roads, services, drainage and other local ~',:ces.
That prior to final approval of the plan, the :~'er shall
satisfy al) requirements, financial and other.'~e, of the
Region of Durham. This shall include amond ot'~' matters,
execution of a subdivision agreement between t-~ owner and the
Region of Durham concerning the provision an~ '-~tallation of
regional services.
That the municipality register the subdivisior a~reement
against the land as provided for in Section 5. 6) of the
Planning Act.
the agreement between the ow-~' and the Town
That
subdivision
of Picketing shall contain, among other matte-~, the following
provisions:
(al The owner agrees to carry-out, or cause tc :e carried-out,
to the satisfaction of the Metropolitan lc'~nto & Region
Conservation Authority, the recommendatior~ referred to in
the report as required in condition 10.
(b) The owner agrees to not place fill, grade, ~onstruct any
buildings or structures without prior writ:eh approval
being given by the Metropo]itan Toronto a~: Region
Conservation Authority.
(c) The owner agrees that prior to the initiat'sn of any
grading or construction, to erect a suita:'a barrier along
the surveyed regional floodline on the eass side of the
watercourse or along the 'open space' zone within lots 8
through 22 inclusive which ever is most restrictive and to
maintain the barrier in good report for t'e duration of
construction and not to dispose of materie' or disrupt
vegetation beyond this line, except to ca~y out works as
approved by the Ministry of Natural Resou-ses and the
Metropolitan Toronto and Region Conservat~sq Authority.
id) That the owner agrees to carry out works ~ required in
condition 12 of this approval to the satisfaction of she
Ministry of Natural Resources.
(e) That the owner agrees to obtain approval ~m the Durham
Region Health Services Department with ressect to
installation of sub-surface sewage dispose' system and
wells.
(fl That the owner agrees to the satisfactior cf the Ministry
of the Environment that the wells be dril'e~ to a depth of
greater than 25 metres and that a qualifies hydrologist
certify that each well is drilled to the se~th specified
above and constructed to the Ministry of ~'e Environment
standards (Ontario Regulation 612-B4).
ITEM
215
3. 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.
4. 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", or "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.
TIME
Time shall be of the essence of this Agreement.
BINDING PARTIES
This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
7. 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.
8. OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good workmanlike man-
ner, for the Town, all the municipal services as hereinafter set forth to the
satisfaction of the Town of Picketing, and shall complete, perform or make
payment for such other matters as may be provided for herein.
9. 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 plan of
subdivision.
(2)
Such Consulting Engineer, or any successor thereto, shall continue to be
retained until the work provided for in this Agreement is completed and
formally accepted by the Town.
10. STORM SEWERS
(1)
The Owner shall construct a complete storm drainage system, including
storm water management facilities, storm connections to the street line and
catch basin leads to service all the lands in the plan of subdivision and
road allowances adjacent to the plan of subdivision and to provide capaci-
ty for lands upstream of the plan of subdivision, according to designs
approved by the Director of Public Works and according to the
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-
(3)
(4)
The cost o~ 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 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 o{ the considerations, with-
out which the Town would not have executed this Agreement.
22.
DEDICATIONS
The Owner shall dedicate William Street as public highway, upon the registra-
tion of the plan of subdivision.
TRANSFERS - CONVEYANCES
(1)
The Owner shall convey to the Town, free and clear of all encumbrances
and at no cost to the Town, upon the registration of the plan of subdivi-
sion or within the 30 days immediately foll?wing the registration thereof,
all of Block 23 (Old Brock Road reserve).
(2)
Notwithstanding the provisions of subsection (1), 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.
24. TRANSFERS - EASEMENTS
(D
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.
(2)
Such easements shall be subject to the approval of the Director of Public
Works or his designate as to their location and width.
(3)
The construction of any services in such easement or easements referred
to in subsection (1) shall not commence until the easement has been
acquired, unless permission to do so has been obtained by the Owner, in
writing, from the Town and from the registered owner of the lands across
which-the easement shall lie.
25.
GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Pavin~ of Driveway "Approaches
To pave all driveway approaches between the curb and sidewalk, or,
where no sidewalk exists, between the curb and the lot line.
(b) 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.
7
225
ITEM 19
(4)
If the density is too great to enable 22 trees to be planted, the Owner
shah pay to the Town $100 for every tree which cannot be planted, for
tree planting in a public land area within the community in which the plan
of subdivision is located.
35. TREE PRESERVATION
(I)
The Owner shall retain, at its own expense, a qualified expert to prepare
a detailed Tree Preservation Program indicating which existing trees in
the subdivision shall be preserved.
(2)
The Program shall be submitted to the Director of Planning for review
and approval, and, once approved, shall be implemented as approved
only.
(3)
In determining whether or not to approve the Program, the Director shall
be governed by the Town Tree Preservation Guidelines in effect at the
date hereof.
(4)
Until such time as the Program is approved, the Owner shall not com-
mence, nor allow to be commenced, any aspect of the development of the
lands in the subdivision, including the removal of any trees.
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 shall 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 Parties hereto have hereunto affixed their Corporate Seals
attested to by the hands of their proper officers in that behalf fully authorized.
SIGNED, SEALED .& DELIVERED
CLAREMONT ESTATES ONTARIO INC.
THE CORPORATION OF THE TOWN OF PICKERING
John E. Anderson, Mayor
Bruce Taylor, Clerk
- 12-
ITEM :[9
lhat the owner submit to the lown of Pickering a detailed
engineering report identifying any effect ol storm runotf,
site grading and semvicing cn existing vegetation, buildings,
structures an~ watercourses and the owner agrees to satisfy
the Town with regard to developing in accordance with the
Ged-Environ Limited, Site Suitability Study Oared September,
198b.
10. Prior to the initiation of grading and prior to the
registration of this plan or any phase thereof, that the owner
shall submit for the review and approval of the Metropolitan
Toronto and Region Conservation Authority:
(al
a detailed engineering and drainage report that describes
the storm water management techniques which may be
required to minimize the amount of storm water directeO
into the Duffin Creek, the proposed methods for
controlling or minimizing erosion and siltation on-site
and/or in downstream areas during and after construction
including remedial measures for the existing erosion si~e
at the farm machinery crossing in the vicinity of the rear
of lots 19 to 21 and the ]ocation and description of
outlets and other facilities which may require permits.
(b)
a metes and bounds survey of the regional floodline
calculated by the Proctor & Redfern Group on both sides of
the watercourse.
(c) overall grading plans for the subject lands.
11. That the owner submit to the Durham Health Services Department
for review and approval a plan showin9 the limiting zones for
location of houses, drilled wells and sewage disposal systems
for the individual lot and a drainage system plan.
12. Prior to initiating any grading or construction on the site,
and prior to final registration of the plan, the owner shall
prepare to the satisfaction of the Ministry of Natural
Resources reports and plans: describing the means whereby
stormwater wi]l be directed from the site, describing the
means whereby sediment and erosion will be controlleo both on
and downslope of the property during and afterconstruction;
overall grading for the subOivision showing how the sloped
areas of the subdivision adjacent to Duffin Creek will be
vegetated and protected, showing rehabilitation of the
watercourse at existing vehicle crossings, and showing the
location of all stuctures and accessory facilities on lots B
through 22 inclusive.
/
/
Claremont Estates Ontario Inc
18T-85027
Subdivision Agreement
ITEM i 9
THIS AGREEMENT made this 19th day of May, 1987.
BETWEEN:
CLAREMONT ESTATES ONTARIO INC.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
296720 ONTARIO INC.
and
ESTHER LYNN WINTERSTEIN
hereinafter collectively called the "Encumbrancer"
OF THE THIRD PART.
WHEREAS, with the consent of the Encumbrancer, the Owner proposes to subdivide
part of Lot 19, Concession 9, in the Town of Picketing in the Regional Municipality of
Durham, and to register a plan of subdivision of those lands, as shown on a draft
plan of subdivision designated as Draft Plan Number 18T-850271
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:
LAND AFFECTED
The lands affected by this Agreement
inclusive, and Block 24, Plan 40M- ,
(the "Landsu) are Lots 1 to 22, both
Pickering.
CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before December
31st, 1987, the Town may, at its option on one month's notice to the Owner,
dec]are this Agreement to be null and 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.
ITEM
(4)
(ii{)
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.
Upon the approval, if any, of a reduction in the amount of the security
required to be provided in subsection (1), the Town Manager or the
Town Treasurer shall provide to the Owner any necessary assurance to
effect the reduction.
20.
DRAINAGE- SODDING
(1)
The Owner shall provide the Town, before commencing any of the work
provided for herein and prior to the commencement of the development of
the plan of subdivision, with a detailed engineering report and Grading
Control Plan prepared by the Owner's Consulting Engineer, establishing
the proposed grading of the lands in the plan of subdivision to provide
for the proper drainage thereof and the drainage of all adjacent lands
which drain through the plan of subdivision.
(2)
The Grading Control Plan shall be prepared in accordance with the
Town's Lot Drainage and Storm Water Management Specifications in effect
at the date of this Agreement and is subject to the approval of the Direc-
tor of Public Works and the Metropolitan Toronto and Region Conservation
Authority.
(3)
The grading of all lands referred to in subsection (1) shall be carried out
by the Owner in accordance with the approved 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 sod the front and side yards and seed the rear yards of
each of the residential lots except for paved, planted or treed areas,
upon the completion of the construction of buildings thereon.
21. 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
de]ay the same so that the conditions of this Agreement are being violated
or carelessly executed, or in bad faith, or shah 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 shah 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,
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.
-6-
224
ITEM ]- 9
31. 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) Local Improvements
Prior to the release of the plan for registration, to prepay any outstand-
ing local improvement charges which are levied against any of the lands
in the plan of subdivision.
(c) Interest
To pay interest at the rate of eighteen per cent (18%) per annum to the
Town on all sums of money payable herein which are not paid on the due
dates calculated from such due dates.
(d) Registration Fees
To pay all registration costs incurred by the Town relating in any way to
the registration of the plan of subdivision or any other related documen-
tation, including transfers, in the Land Titles Office.
(e) Lien or Other Claims
Upon applying for final acceptance of the 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.
32.
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.
33.
PROVISION OF PARKLAND
Prior to the registration of the plan, the Owner shall pay to the Town the sum
of $25,950, in full satisfaction of the Owner's obligation to provide parkland.
34.
TREE PLANTING
(1)
The Owner shall plant on road allowances in the subdivision, 22 trees of
a size and 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 no more
than 6 months after final grading is done in the specified area.
~ 11-
TEN)
Attachment
F rom:
Re:
to letter dated F~-"ust 5, 1986
Dr. M. Michael, Conmdssioner oi Planning
Claremont Estates Ontario Inc.
Plan of Subdivision k~l-SbOX7
Town of Pickering
CONDIIIUNS UF APPROVAL OF FINAL PLAN FOR REGISTRATION F.- i-,iS PLAN UF
SUBD]VISION ARE AS FOLLOWS
NO. CONDITIONS
®
0
That this approval applies to draft plan of subdivls'}n
18T-85027. prepared by Proctor and Redfern. identir-e= as
Project No. 85202 drawing number 1 dated June. 1985. ,hich is
revised in red as per the attached plan showing 22 'sss for
single detached dwellings, block 23 to be retained s: ~he
applicant and block X4 a 0.3 m reserve.
That the road allowances included in this draft pl~- shall be
dedicated as public highway,
That the road allowances included in this draft pla- shall be
named to the satisfaction of the Region of Durham ers the Town
of Picketing.
That 0,3 metre reserve as shown as Block 24 shall be conveyed
to the Town of Pickering.
That the owner shall convey land to the Town of Pic.ering for
park or other public recreational purposes in accorsance with
the Planning Act. Alternatively. the municipality ~ay accept
cash-in-lieu of such conveyance.
That such easements as may be required for utilities.
drainage and servicing purposes shall be granted ~o she
appropriate authority.
That the uses shown on the approved draft plan sha'' De zoned
in an appropriate zoning by-law passed by the Courc" of the
Town of Pickering in effect in accordance with secs')n 34(191
or section 34(31) of the Planning Act.
That the zoning by-law referreO to in condition 7 s'all
contain the appropriate provision to restrict any s.ilding or
structure other than those necessary for flood or e-osion
control within the Regional floodplain.
234
ITEM :~ 9
~.~,. I 71
PT. ROAD ALLOWANCE BE"r~rE:EN LOTS tB 8, t9
'~'-~'' '~/~ ONTARIO INC
OCTOBER 22 /85 I : 4800
Drlwn B~ Checked By
,,~