HomeMy WebLinkAboutBy-law 1619/83THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW N0.1619/83
Being a by-law to authorize the execution
of a Subdivision Agreement between Eagle-
brook Corporation and the Corporation of
the Town of Pickering respecting Part Lot
24, Concession 2, Pickering
(Draft Plan 18T-79051)
WHEREAS Eaglebrook Corporation proposes to subdivide and register a plan of subdi-
vision of Part Lot 24, Concession 2, Pickering; and
WHEREAS that proposal has been approved by the Council of the Corporation of the
Town of Pickering and the Minister of Housing, subject to several conditions, one
of which requires the entering into of a satisfactory Subdivision Agreement between
Eaglebrook Corporation and the Corporation of the Town of Pickering;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS
AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement,
in the form attached hereto as Schedule "A", between Eaglebrook Corporation
and the Corporation of the Town of Pickering respecting the subdivision of
Part Lot 24, Concession 2, Pickering (Draft Plan 18T-79051).
2. By-Laws 1191/80 and 1537/82 are hereby repealed.
BY-LAW read a first, second and third time and finally passed this
February , 1983.
7th day of
Schedule "A" to By-law Number 1619/83
THIS AGREEMENT made in quadruplicate this 7th day of February, 1983.
BETWEEN :
EAGLEBROOK CORPORATION
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 MERCANTILE BANK OF CANADA
hereinafter called the "Encumbrancer"
OF THE THIRD PART.
WHEREAS, the Owner proposes to subdivide certain parts of Lot 24,
Concession 2, %n the Town of Pickering in the Regional Municipality of
Durham, and with the consent of the Encumbrancers, to register a plan
of subdivision of those lands, as shown on a draft plan of subdivision
prepared by Fred Schaeffer and Associates, Inc., Ontario Land Survey-
ors, dated April 4th, 1978 and revised November, 1979, and designated
as Draft Plan Number 18T-79051; and
WHEREAS, the Encumbrancer has certain rights or interests in the
nature of encumbrances relating to the lands affected hereby;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the
Town approving the said proposed plan of subdivision, and the covenants
hereinafter expressed, the Parties hereto covenant and agree one with
the other as follows:
- 2 -
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 that part of Lot 24, Concession 2, Pickering, designated as
Part 1 on a plan of survey of reference deposited in the Land
Titles Office for the Registry Division of Durham (No. 40) as Plan
40R-3893.
- 3 -
PART 2 SERVICES
2. OWNER'S GENERAL UNDERTAKING
The Owner agrees to complete at its own expense and in a good
workmanlike manner, 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 to complete, perform
or make payment for such other matters as may be provided for
herein.
3. CONSULTING ENGINEERS
(1)
The Owner agrees to retain a Professional Engineer as the
Consulting Engineer of the Owner to carry out all the neces-
sary engineering and to supervise generally the work required
to be done for the development of the 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.
4. STORM SEWERS
(1)
The Owner agrees to construct a complete storm system includ-
ing storm connections to the street line and catch basin
leads to service all the lands in the plan of subdivision and
adjacent road allowances and to provide capacity for lands
upstream of the plan of subdivision, according to desi'gns
approved by the Director of Public Works and according to the
specifications of the Town in effect at the date hereof and
to maintain them, including clearing any blockages or debris
from whatever cause, until they are formally accepted by the
Town.
(2)
Such sewers shall be constructed to an outlet or outlets
according to designs approved by the Director of Public Works
and shall be of sufficient size and depth and at locations
either within or outside the lands affected hereby to service
the plan of subdivision and the aforementioned lands outside
the plan of subdivision, which in the opinion of the Director
of Public Works, will require their use as trunk outlets.
(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 subdivision, the Owner may be required to
carry out such works as are necessary to provide adequate
outlets.
(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)
Except in an emergency, no connection under subsection 4
shall be undertaken or authorized prior to preliminary accept-
ance of the sewer system by the Town.
5. ROADS ROUGH GRADE
(1)
Prior to the installation or construction of the relevant
municipal services provided for herein, the Owner agrees to
rough grade to the Town's specifications to their full width,
- 4 -
PART 2 - SERVICES (Cont'd)
5. ROADS - ROUGH GRADE (Cont'd)
t~e ~proposed road allowances shown on the plan of subdivision.
(2)
The Owner further agrees to keep all boulevards clear and
free of materials and obstructions which might interfere with
the installation of electric, telephone, gas or other util-
ities.
6. ROAD S PAVE D
(1)
The Owner agrees to construct the roads shown on the plan of
subdivision according to the specifications for paved roads
of the Town in effect at the date hereof including such
boundary or approach roads, except Finch Avenue, as may be
necessary to provide an adequate access.
(2)
The specifications for boulevard grading, sidewalks and sod-
ding shall apply to existing roads adjacent to the plan of
subdivision.
(3)
The Owner covenants and agrees that, until assumption by the
Town, it will maintain and repair roads both within and out-
side 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 will erect and maintain adequate signs 'to warn all
persons using the roads in the plan of subdivision that the
maintenance of them has not been assumed by the Town from the
time that they are opened until formal assumption by the
Town.
(5) Such signs and the location thereof are subject to the approval
of the Town's Director of Public Works.
7. CUPd3S & GUTTERS
(1) The Owner agrees to construct curbs and gutters,
(a) on the roads shown on the plan of subdivision, and
(b) on the east side of Dixie Road adjacent to the plan of
subdivision,
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.
(2)
If any curb depressions are not located correctly with respect
to a driveway, the Owner shall construct a curb depression in
the correct location and fill in the original curb depression
according to the said specifications.
SIDEWALKS
The Owner agrees to construct a sidewalk,
(a) on both sides of Maple Ridge Drive;
- 5 -
PART 2 - SERVICES (Cont'd)
SIDEWALKS (Cont'd)
(b) on Cedarcroft Crescent adjacent to Lots 13-22,
Lots 46-54, inclusive; Blocks 56 to 60, inclusive; and
62 and 63;
(c) on the east side of Windgrove Square,
(d) on the east side of Dixie Road adjacent to the plan of sub-
division; and
(e) on the north side of Finch Avenue adjacent to the plan of
subdivision,
all 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.
inclusive,
Blocks
9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE &
STREET LIGHTING
(1)
(2)
(3)
(4)
(5)
Underground electric distribution shall be provided for all
residential lots and blocks within the plan of subdivision
according to the standards and specifications of Pickering
Hydro-Electric Commission.
Cable television services shall be provided for all residen-
tial lots and blocks within the plan of subdivision according
to the standards of Pickering Cable T.V. Limited.
The Owner agrees to pay all costs of installation of street
lighting, including poles and other necessary appurtenances
for the lighting of all streets including boundary roads and
pedestrian walkways on the plan.
The lighting 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.
The installation of all works provided for in this section
shall be constructed under the supervision and inspection of
Pickering Hydro-Electric Commission and Pickering Cable T.V.
Limited, as the case may be.
10. INSPECTION OF WORK
(1)
Except where otherwise provided in this Agreement, all works
required to be constructed by the Owner shall be installed
under the observation of Inspectors employed by the Town and
the Owner agrees to pay the costs incurred therefor within
thirty (30) days of invoices being rendered.
(2)
The costs referred to in subsection (1) may include, but not
necessarily be limited to, salaries and wages of Inspectors,
testing fees and administration fees.
- 6 -
PART 2 - SERVICES (Cont'd)
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.
(2) The amount of the said Policy shall be $1,000,000.
(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 agrees
to pay the cost of such renewal or renewals within thirty
(30) days of the account therefor being rendered by the Town.
(4)
It shall be the responsibility of the Owner to notify the
Town of the dates for the renewal of the premium of the 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 any of the work provided for herein, the
Owner shall supply the Town with a 100% performance and main-
tenance security in a form satisfactory to the Town and in an
amount established by the Director of Public Works to guaran-
tee the satisfactory completion of the works and to guarantee
the workmanship and materials for a period of two (2) years
from the date that the works are completed and such comple-
tion acknowledged, in writing, by the Director of Public
Works.
(2)
Such performance and maintenance security may, at the option
of the Owner, be made up of cash, irrevocable letter of
credit, bond, or a combination thereof.
(3)
The Owner may, from time to time, apply for a reduction in
the security and such application shall be made to the Town
Treasurer.
(4)
Upon written verification from the Director of Public Works
that the services 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 ten per cent (10%) of the original value, which ten per
cent portion shall apply as the security for maintenance
until the obligation to maintain has expired, when the balance
of the security shall be returned to the Owner subject to any
deductions for maintenance purposes.
(5)
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.
PART 2 - SERVICES (Cont'd)
13. DRAINAGE - SODDING
(1)
The Owner agrees to provide the Town, before commencing any
of the work provided for herein and prior to the commencement
of the development of the plan of subdivision, with a Grading
Control Plan prepared by the Owner's Consulting Engineer,
establishing the proposed grading of the lands to provide for
the proper drainage thereof and the drainage of all adjacent
lands which drain through the plan of subdivision.
(2)
The Grading Control Plan shall be prepared in accordance with
the Town's Lot Drainage Specifications in effect at the date
of this Agreement and is subject to the approval of the
Director of Public Works and the Metropolitan Toronto and
Region Conservation Authority.
(3)
The grading of all lands shall be carried
accordance with the Grading Control Plan,
vision of the Owner's Consulting Engineer.
out by the Owner in
under the super-
(4)
If, in the opinion of the Director of Public Works, drainage
problems occur prior to formal acceptance of the works in the
plan of subdivision by the Town, the Owner agrees to 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 agrees to sod the front, side and rear yards of
each of the lots except for paved, planted or treed areas,
upon the completion of the construction of buildings thereon.
14. INCOMPLETED OR FAULTY WORK
(i)
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 notification be without effect
within ten (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.
(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.
- 8 -
PART 2 SERVICES (Cont'd)
14. INCOMPLETED OR FAULTY WORK (Cont'd)
(4)
It is understood and agreed that such costs shall include a
management fee of twenty per cent (20%) of the labour and
material value, and further, a fee of thirty per cent (30%)
of the value for the dislocation and inconvenience caused to
the Town as a result of such default on the part of the
Owner, it being hereby declared and agreed that the assuming
by the Owner of the obligations imposed by this paragraph is
one of the considerations, without which the Town would not
have executed this Agreement.
15. DEDICATIONS
The Owner shall dedicate as public highway, upon the registration
of the final plan, or convey, free and clear of all encumbrances,
within the thirty (30) days immediately following the registration
of the final plan, the lands indicated in Column I of the follow-
ing Table to the respective authority named in Column II of the
Table:
Table
Column I
Column II
Cedarcroft Crescent
The Corporation of the Town
of Pickering
Maple Ridge Dr'ive
The Corporation of the Town
of Pickering
Windgrove Square
The Corporation of the Town
of Pickering
16. TRANSFERS CONVEYANCES
(1)
The Owner shall convey
no cost to the Grantee,
within the thirty (30)
istration of the plan,
following Table to the
II of the Table:
free and clear of all encumbrances, at
upon the registration of the plan or
days immediately following the reg-
the lands indicated in Column I of the
respective authority named in Column
Table
Column I Column II
Blocks 62 & 63
(Walkways)
The Corporation of the Town
of Pickering
Block 64
(Widening; Finch Avenue)
The Regional Municipality
of Durham
Block 65
(Widening; Dixie Road)
The Corporation of the Town
of Picketing
Blocks 66 & 67 The Corporation of the Town
(Reserves; Dixie Road) of Pickering
Block 68 The Corporation of the Town
(Reserve; Windgrove Square) of Pickering
Block 69 The Corporation of the Town
(Reserve; Maple Ridge Drive) of Pickering
PART 2 - SERVICES (Cont'd)
16. TRANSFERS - CONVEYANCES (Cont'd)
Table (Cont'd)
Column I Column II
Block 70
(Reserve; Finch Avenue)
The Regional Municipality of
of Durham
(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.
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.
Such easements shall be subject to the approval of the Direc-
tor of Public Works or his designate as to their location and
width.
The c6nstruction of any services in such easement or easements
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,
Column I of the following
in Column II of the Table:
Column I
Street A (Draft Plan)
Crescent B (Draft Plan)
Street upon which Lots 11
& 12 & Block 55 front
on the final plan, the streets indicated in
Table, with the respective names set out
Table
Column II
Maple Ridge Drive
Cedarcroft Crescent
Windgrove Square
19. SERVICE CAPACITY
This' Agreement shall be subject to the Owner entering into satis-
factory arrangements 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.
20. GENERAL PROVISIONS - SERVICES
The C, er ~grees with the Town:
L ~ve the driveway approaches between the curb and sidewalk,
. ~ ~ ,d~ere no sidewalk is to be provided, between the curb and
~l~r~ Lot line.
(b Continuation of Existing Services
Where the construction of services herein involves a contin-
uation to existing services, to join into the same, including
adjustment of grades where necessary, in a good and workman-
like manner.
(c) ~'b]ic Lauds - Fill
i)
ru:- ;tlc~ lands.
(ii)
On ;-equest, to supply the Town with an ~ck~,,.w! _, (~. ~ ~l~, ~, ~ ~
from such authority of the Owner's compliar~,-~ ,,,; th the
terms of subclause (i).
(iii)
That there shall be no burning of refuse or debris
upon its lands or any public lands.
(d) Construction Traffic
Wherever poss 01e, to 'l:St~ hat q~stiuction traffic sezv.-
lng the development of ~his plan docs not use roads, in this
plan or adjacent plans, hav~ng occupied zesidential units
fronting thereon.
(e) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or quanti-
tative tests made of any materials which have been or are
proposed to be used in the construction of any services
requi~ed by this Agreement, and the cost of such tests shall
be paid by the :)wner within thJrt'y ~30) ,~ays of the account
being rendered by the Town.
Relocation of Services
To pay the cost ~[ re]pir!~,t ,ug any exis~ lng services
and ,['.J] ities ~',o:l:qed u.' $ i : IbdivisJon w,~k within
thJzty (30) Jays of Lhe ,~,.~t for same being ren-
dered by the Town.
Simila, Ly :o ' *t' Lne cost of moving any services or
utilities ~nst,~l.ed ~4]der this Agreement in driveways
or so close t~, ,-~. ~n the opinion of the Director of
Public Works, .: terfere with the use of the
driveway.
g) : , ;ications
otherwise provided, to perfozm an~ ;,ork required to be
'.his Agreemcnt to the ~pecifi~tions of the Town
'~t +-he dat~ h~reof.
- 11 -
PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(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 designated by the Director of Public
Works.
(i) Permanent Signs
To provide and erect at its own cost, to the specifications
of the Town, permanent signs of such nature and at such
locations as may be designated by the Director of Public
Works.
Engineering Drawings
Prior to the final acceptance of the subdivision, to supply
the Town with the original drawings of the engineering works
for the plan of subdivision, with amendments, if any, noted
thereon.
(k) Snow Plowing & Sanding of Roads
(±)
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 existing 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 condi-
tions 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 subdivision by the Town, to
supply a statement by an Ontario Land Surveyor that, after
the completion of the subdivision work, he has found all
standard iron bars as shown on the registered plan, and
survey monuments at all block corners, the ends of all curves,
other than corner roundings and all points of change in
direction of streets on the registered plan.
- 12 -
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
21.
The Owner agrees that 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.
(2)
The Owner further agrees that no building or part of a build-
ing in the subdivision shall be occupied except upon the
issuance of a municipal occupancy permit.
(3)
It is agreed that no application for a municipal occupancy
permit for a building or part of a building shall be made
except upon the following conditions:
(i)
Sewer and water facilities are installed and in opera-
tion 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 maintained 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 constructed on the said road and
extend to an existing maintained public road.
(4)
(a)
The Owner agrees with the Town that 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 $1,500 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 subdivision shall be deemed to be a release from
the provisions of this subsection with respect to that
lot or block.
(5)
The Owner further covenants and agrees to maintain vehicular
access to all occupied buildings in the plan of subdivision,
until the roads are formally assumed by the Town, and further
agrees to obtain similar covenants from any subsequent owner
of any of the lands in tile said plan.
22. TIME LIMIT FOR CONSTRUCTION
The Owner agrees to construct or cause to be constructed, in the
plan, one hundred and thirty-two (132) housing units, all of which
shall be completed within two (2) years of the date of regis-
tration of the plan.
23. DESIGN PLANNING
(1)
The Owner agrees that, prior to the issuance of any building
permit for the construction of any residential unit on the
lands, it shall submit to the Town's Director of Planning,
for approval, a report outlining siting and architectural
design objectives for the subdivision.
13
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
23. DESIGN PLANNING
(2)
(Cont'd)
The report may be required, at the Director's option, to
provide the following information:
(a) house massing;
(b) streetscape;
(c) exterior materials and
colours;
(3)
(4)
(d) architectural style;
(e) visual variety;
(f) energy conservation measures; and
(g) any other data or information required.
The Owner further agrees that, prior to the issuance of any
building permit for the construction of a residential unit to
be erected on the lands, it shall submit to the Director, for
approval, site plans and architectural drawings for that
unit.
The plans and drawings 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;
(b) the location of landscaping features, including trees to
be preserved;
(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.
- 14-
PART 4 FINANCIAL MATTERS
24. FINANCIAL PAYMENTS
(1)
The Owner agrees to pay to the Town a unit
of $1,500 for each dwelling unit for which
is received.
levy in the amount
a building permit
(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 eighteen
(18) months from the date of registration of the plan.
(5)
A letter from the Clerk of the Town advising that the unit
levy has been paid shall be deemed to be a release of this
section for the lands referred to in the said letter.
25. LETTER OF CREDIT
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 $198,000 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 Outstanding local improvement charges which are levied
against any of the lands in the said 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) Reqistration 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 documentation, including transfers, in the
Land Titles Office.
- 15 -
PART 4 - FINANCIAL MATTERS (Con~'d)
26. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd)
(e) Lien or Other Claims
Upon applying for final acceptance of the subdivision, to
supply the Town with a Statutory Declaration that all accounts
for work and materials have been paid, except normal guaran-
tee 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 subdivision, or
if such claims do exist, the Owner agrees to indemnify the
Town against all claims, actions or demands for mechanics'
liens or otherwise and all costs in connection therewith.
27. EXPIRY OF SECURITIES
(1)
The Owner further agrees that should any security required to
be given under the terms of this Agreement expire during the
currency of the Agreement, the Owner shall provide to the
Town at least thirty (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 secur-
ity into cash and hold the cash in lieu of and for the same
purposes as any further security.
28. TERMINATION OF LEVY/OCCUPANCY SECURITY
(1)
The security required to be deposited with the Town pursuant
to the provisions of section 25, above, may only be termin-
ated or cancelled by the Owner after the Municipal Occupancy
Permit for the last residential building or part thereof to
be constructed on these lands has been issued by the Town.
(2)
Notwithstanding the provisions of subsection 1, the Owner
may, from time to time, apply to the Town Treasurer for a
reduction in the amount of the security referred to in subsec-
tion 1, as Municipal Occupancy Permits are issued.
16 -
PART 5 - PARKS & TREES
29. PROVISION OF PARKLAND
Prior to the registration of the plan herein,
to the Town the sum of $80,850, and the Town
payment in lieu of a conveyance of lands for
the Owner shall pay
agrees to accept such
park purposes.
30. FENCING
(1) The Owner shall erect, upon the completion of final lot
grading and seeding or sodding the lands in the subdivision,
(a) a permanent fence of nine (9) gauge, galvanized steel
link fencing, having 0.05 metre mesh, 1.8 metres high,
(i)
along the entire westerly and southerly bound-
aries of the subdivision;
(ii)
along that part of the easterly boundary adjacent
to Lots 18, 19, 20, 21, 22 and Blocks 56 and 57,
except the northerly 15.5 metres of Lot 18; and
(iii)
along the northerly and southerly boundaries of
each of Blocks 62 and 63;
(b)
a permanent fence of nine and three quarter (9-3/4)
gauge, nine (9) strand, galvanized steel farm fence,
1.22 metres high, having maximum 0.10 x 0.40 metre mesh,
(i) along the entire northerly boundary of the sub-
division, and
(±±)
along that part of the easterly boundary of the
subdivision adjacent to Lots 11, 12, 13, 14, 15,
16 and 17, and Blocks 55 and 69.
(2)
The fencing required to be constructed pursuant to clause (a)
of subsection (1) shall be constructed so as to meet or
exceed the requirements for swimming pool enclosures as set
out in Part II of the Town's By-Law 425/76, 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 Blocks
62 and 63; such barriers to be constructed in accordance with
specifications therefor and to the satisfaction of the Direc-
tor of Public Works.
31. DRAINAGE ONTO OPEN SPACE/PARKLAND
(1)
The Owner shall ensure that the lands within the 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 (6) metres from the property
line, suitable swales and catch basins to adequately manage,
in the opinion of the Director of Parks and Recreation, all
surface run-off water, draining onto the parkland open space
or walkways from the lands within the subdivision.
17
PART 5 - PARKS & TREES (Cont'd)
32. LANDSCAPE PLANNING
(1)
The Owner agrees that prior to the issuance of building per-
mits for any of the units to be erected on the lands, it
shall submit a landscaping plan for all of the lots and
blocks on the plan to the Town for approval.
(2)
The Owner further agrees that upon approval by the Town of a
landscaping plan, the landscaping works shown on the plan
shall be constructed, installed or planted, 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 the lands, 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 (6) months after final grading is done in
the specified area.
(5) (i)
The Owner shall plant at least one (1) tree per resi-
dential unit in the subdivision.
(ii)
Where the density is too great to enable this quota to
be met, the Owner shall provide $50 for every unit for
which a tree cannot be planted, for tree planting in a
public land area within the community in which the
plan is located.
34. TREE PP~ESERVATION
(1)
The Owner agrees to retain, at its own expense, a qualified
expert in order to determine which of the existing trees
shall be preserved.
(2)
The aforementioned qualified expert shall prepare a Tree
Preservation Program, which program shall be submitted to the
Director of Planning and shall not be put into effect until
it has received the approval of the Director of Planning.
(3)
In determining whether or not to approve the Tree Preserva-
tion Program, the Director shall be governed by the Town Tree
Preservation Guidelines in effect as at the date hereof.
18
PART 6 - GENERAL PROVISIONS
35. LICENCE TO ENTER
The Owner agrees with the Town to retain a licence from any sub-
sequent purchaser of the aforesaid lands to enter upon such lands
order to comply with the provisions of this Agreement.
36. CANCELLATION OF AGREEMENT
In the event the complete plan of subdivision is not registered on
or before May 31st, 1983, the Town may, at its option on one month's
notice to the Owner, declare this Agreement to be null and void with
respect to any unregistered portion of the plan.
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. ENCUMBRANCERS
The Encumbrancer agrees with the Town that this Agreement shall have
priority over and take precedence over any of its rights or interests
affected hereby, 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" and the pronoun
"it" is used, it shall be read and construed as "Owner or
Owners" and "his", "her" or "their", respectively, and the
number of the verb agreeing therewith shall be construed accord-
ingly.
(2) The provisions in Schedules "A", "B", "C" and "D" 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.
- 19-
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
EAGLEBROOK CORPORATION
Per:
Per:
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
THE MERCANTILE BANK OF CANADA
Per:
Per:
SCHEDULE "A"
1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
(1)
(2)
Save as herein otherwise provided, the Owner agrees to com-
plete the works required under this Agreement within the time
limits specified in the Table set out below and to guarantee
the workmanship and materials for a period of two (2) 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 for in the
Table shall be completed within the time limit provided for
therein for aboveground services.
Table
Work s
Time Limit For Completion
(a) Underground
Services
One year from the date of the
registration of the final plan
of subdivision
(b) Aboveground
Services
Two years from the date of the
registration of the final plan
of subdivision
2. PHASING
Neither the registration of this plan nor the construction and
development of this subdivision shall be phased without a prior
amendment to this Agreement.
3. TEMPORARY TURNING CIRCLES
(1)
Notwithstanding the provisions of sections 6, 7 and 8 of this
Agreement, the Owner shall construct, at its sole expense and
to the Town's specifications, a temporary turning circle on
Windgrove Square immediately south of Block 68, unless, in
the sole discretion of the Town's Director of Public Works,
the driveway locations for the residential units to be con-
structed on Lots 10, 11 and 12 are such that a temporary
turning circle is not required.
(2)
Further, the Owner shall remove, at its sole expense and to
the Town's specifications, any temporary turning circle
located immediately adjacent to the plan on a public highway
to be extended by the Owner into the plan, and shall replace
any such circle with permanent services as if the highway
were a road in the plan.
DEMOLITION OF EXISTING BUILDINGS
All structures on the lands comprising the plan of subdivision
shall be demolished by the Owner, at its sole expense, prior to
the issuance of any building permit.
SCHEDULE "A" (Cont'd)
WALKWAY TREATMENT
The Owner agrees to construct a walkway,
(a) along Block 62 extending from the sidewalk on Cedarcroft
Crescent to the easterly boundary of the plan; and
(b) along Block 63 extending from the sidewalk on Cedarcroft
Crescent to the sidewalk on Finch Avenue,
according to the specifications of the Town and to maintain such
walkway until it is formally accepted by the Town.
6. SECURITY FOR CASH-IN-LIEU OF PARKLAND
(1)
Notwithstanding the provisions of section 29 of this Agreement,
the Owner may provide to the Town an irrevocable security, in
a form satisfactory to the Town, in the amount of $97,828.50
prior to the registration of the plan, and thereby defer the
payment of cash-in-lieu of parkland until,
(a) the registration of Draft Plan 18T-79088 (Eaglebrook
Valley Farm Road Subdivision), or
(b) two (2) years from the date of registration of this
plan,
whichever first occurs.
(2)
If Draft Plan 18T-79088 is registered within two (2) years of
the date of registration of this plan and upon the regis-
tration of Draft Plan 18T-79088, the Owner conveys to the
Town, free and clear of all encumbrances and at no cost to
the Town, parkland exceeding by 0.6544 hectares, the parkland
requirements for that plan, the Town shall surrender the
security to the Owner and the Owner shall be deemed to have
complied with the provisions of section 29 of this Agreement.
(3)
If Draft Plan 18T-79088 is not registered within two (2)
years of the date of registration of this plan, the Town
shall draw on the security, in full, and the Owner shall be
deemed to have complied with the provisions of section 29 of
this Agreement.
(4)
If the Owner wishes to pay cash-in-lieu of parkland before
the second anniversary of the date of registration of this
plan, the Owner shall notify the Town and,
(a) pay to the Town, or
(b) request the Town to draw on the security,
the sum of $80,850.00 plus interest computed at the rate of
ten per cent (10%) per annum compounded annually, and, upon
the Town's receipt of the sum, the Owner shall be deemed to
have complied with the provisions of section 29 of this
Agreement.
SCHEDULE "B"
1. INDUSTRIAL/COMMERCIAL COMPONENT
(1 The Owner shall construct within the Town of Pickering,
(a)
industrial buildings having a total floor area of not
less than 12,262.8 square metres,
(b) commercial buildings having a total floor area of not
less than 7,867.2 square metres, or
(c)
a combination of industrial buildings and commercial
buildings having a total floor area such that, for each
of the residential units to be constructed pursuant to
the provisions of section 22(1) of this Agreement, there
shall be 92.9 square metres of industrial building or
59.6 square metres of commercial building constructed,
and the Owner shall be entitled thereby to sufficient credits
upon which the residential building unit permits may be
issued.
(2
The required industrial or commercial buildings shall be com-
pleted on or before December 31st, 1987.
(3
If, on the 1st day of January in any year from, after and
including 1988, the required industrial or commercial build-
ings have not been constructed, then commencing in 1988, the
Owner shall pay annually to the Town on the 15th day of
January in each year, liquidated damages in the amount of
$350 for every existing residential unit, or part thereof,
for which a residential building unit credit has not been
earned.
(4)
For the purpose of determining the number of residential
building unit credits earned as the result of the construc-
tion of industrial buildings, commercial buildings, or a
combination thereof, the per unit requirements set out in
clause (c) of subsection (1) shall be used.
(5)
The Owner shall leave deposited with the Town, its perforn~
ance guarantee in the amount of $231,000 to guarantee the
satisfactory completion of the required industrial or commer-
cial buildings on or before the date set out in subsection
(2) and to secure the payment of any liquidated damages that
may become payable under subsection (3).
(6)
The Parties hereby acknowledge that the requirements set out
in subsection (1) relate only to the credits necessary to
effect the residential development of Lots 1-54, inclusive,
and Blocks 56-61, inclusive; should the ultimate development
of other blocks be residential, further credits may, at the
Town's option, be required.
SCHEDULE "C"
1. SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF HOUSING
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 March 20th, 1980, of
Draft Plan 18T-79051 by the Minister of Housing 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 Agree-
ment.
METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY
("M.T.R.C.A.")
- ENGINEERING & DRAINAGE REPORT
(1) The Owner shall,
(2)
(a)
prior to the final registration of the plan of sub-
division, prepare or have prepared a detailed engin-
eering and drainage report, acceptable to the Metro-
politan Toronto and Region Conservation Authority,
describing,
{i)
the storm water management techniques which will
be employed to minimize the amount of storm water
directed into Pine Creek;
(ii)
the development and construction techniques and
safeguards which will be used to control and
minimize the effects of erosion and siltation on
the site prior to, during and after the construc-
tion period; and
(iii) the means of handling the existing watercourse
affecting the north-east corner of the site.
(b) carry out, or cause to be carried out, any works rec-
ommended in the report referred to in (a) and approved
by M.T.R.C.A., and
(c)
obtain a permit under Ontario Regulation 735/73 prior to
initiating the matters referred to in clause (a) (iii),
above.
The Town shall not be liable for any costs whatsoever of the
preparation or evaulation of the report referred to in (1),
nor of the carrying out of works resulting therefrom, and the
Owner hereby indemnifies the Town in this respect.
3. PERFORMANCE & MAINTENANCE GUARANTEE
For the purposes of sections 12 and 14 of this Agreement, and
without otherwise limiting the generality thereof, the term "work
provided for herein" shall be deemed to exclude works required to
be carried out pursuant to section 1 of this Schedule unless such
works are also required under a section in the Agreement other
than section 1 of this Schedule.
NOTICE TO PURCHASERS RE BUSING
The Owner shall include in any Offer to Sell or Agreement of
Purchase and Sale respecting residential units in the plan, notice
that,
SCHEDULE "C" (Cont'd)
4. NOTICE TO PURCHASERS RE BUSING (Cont'd)
(a)
although there is a proposed school site within the adjacent
development, students from the subject development may have
to be transported to existing schools; and
(b)
construction of a school within the adjacent development is
not likely for several years and only then if it can be just-
ified to the satisfaction of the Minister of Education.
SCHEDULE "D"
1. FUTURE CONTRIBUTIONS TO SHARED SERVICE COSTS
(1) Within sixty (60) days of the acknowledgement, by the Town's
Director of Public Works, of the completion of,
(a)
storm sewers, as provided for in section 4 of this
Agreement;
(b) roads, as provided for in sections 5 and 6 of this
Agreement;
(c) curbs and gutters, as provided for in section 7 of this
Agreement;
(d) sidewalks, as provided for in section 8 of this Agree-
ment; and
(e) street lighting, as provided for.in section 9 of this
Agreement;
the Owner's consulting engineer shall provide to the Town, in
a form satisfactory to the Town, a detailed summary of the
actual cost, to the Owner, of the storm sewers, roads, curbs
and gutters, sidewalks and street lighting.
(2)
Within thirty (30) days of the receipt by the Town of the
summary referred to in subsection (1), in a form satisfactory
to the Town, the Town Manager shall determine and notify the
Owner, in writing, of the following:
(a)
the area of the lands, if any, outside the plan of sub-
division that the said works shall be deemed to benefit
(the "benefitting lands") for the purposes of this
section and the conditions, if any, under which such
lands shall continue to be benefitting lands;
(b)
the portion of the Owner's actual cost, referred to in
subsection (1), that the Town shall deem to be applic-
able to the benefitting lands (the "shared cost") for
the purposes of this section; and
(c)
the method or methods that shall be employed to pro-rate
the shared cost to the benefitting lands,
and that determination shall be final.
(3)
In the event that the benefitting lands, or any part thereof,
are to be developed by plan of subdivision, plan of condomin-
ium or any other method requiring a Development Agreement,
then the Town shall endeavour to ensure that the owner thereof
pays to the Owner herein, prior to the development of those
lands, all or an appropriate portion of the shared cost,
(a) calculated according to the method or methods referred
to in subsection (2), and
(b)
adjusted annually, for a maximum of five (5) years from
the date of notification referred to in subsection (2),
according to the Southam Construction Cost Index for
Ontario, composite portion.
(4)
In consideration of the Town approving the plan
sion and entering into this Agreement with this
included, the Owner hereby,
of subdivi-
section
(a) remises, releases and forever discharges, and
SCHEDULE "D" (Cont'd)
1. FUTURE CONTRIBUTIONS TO SHARED SERVICE COSTS (Cont'd)
(b) agrees to indemnify and save harmless,
the Town, its officers and employees and their respective
heirs, executors, administrators, successors and assigns, of
and from all actions, causes of action, accounts, claims,
debts, damages, demands, and costs associated therewith,
arising, to arise or which may hereafter be brought against
them, or any of them, by or on behalf of the Owner, or any
other person, because of the provisions of this section or
any error, omission, failure or negligence in the application
thereof.
2. PRELIMINARY ESTIMATES
(1)
Notwithstanding the provisions of subsection 1(1) of this
Schedule, the summary referred to therein may be provided to
the Town in the form of preliminary estimates prior to the
completion of the works in question, but, if such preliminary
estimates are provided, a detailed summary of actual cost
must be provided in accordance with subsection 1(1) or the
Town's obligations under this Schedule shall cease.
(2)
The provisions of subsections 1(2), 1(3) and 1(4) shall apply
to all preliminary estimates provided, mutatis mutandis, but
all determinations resulting therefrom shall be subject to
confirmation or adjustment, at the Town Manager's sole discre-
tion, upon the Owner's consulting engineer providing to the
Town the detailed summary of actual cost in accordance with
section 1(1).
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