HomeMy WebLinkAboutBy-law 1621/83THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW N0.1621/83
Being a by-law to authorize the execution
of a Subdivision Agreement between Trans-
Terran Developments Limited and 358016
Ontario Limited and the Corporation of the
Town of Pickering respecting Part Lots 1
and 2, Plan 423, Pickering
(Draft Plan 18T-81001)
WHEREAS, Trans-Terran Developments Limited and 358016 Ontario Limited propose to sub-
divide and register a plan of subdivision of Part Lots 1 and 2, Plan 423, Pickering;
and
WHEREAS, that proposal has been approved by the Council of the Corporation of the
Town of Pickering and the Regional Municipality of Durham, subject to several condi-
tions, one of which requires the entering into of a satisfactory Subdivision Agree-
ment between Trans-Terran Developments Limited and 358016 Ontario Limited and the
Corporation of the Town of Pickering;
NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS
AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in
the form attached hereto as Schedule "A", between Trans-Terran Developments Lim-
ited and 358016 Ontario Limited and the Corporation of the Town of Pickering
respecting the subdivision of Part Lots 1 and 2, Plan 423, Picketing (Draft Plan
18T-81001).
BY-LAW read a first, second and third time and finally passed this ?th day of
February , 1983.
Schedule "A" to B~;-law Number 1621/83
'PHIS AGREEMENT made in ~ua:Iruplicate thi 7! r. ~' of February, i983.
B E T W
358016 ONTAR£O h.IMI ~ L ·
hereinafter collectively caller~
OF THE FIRST PART,
- and-
THE ¢'r :..,,~ l · 'P~, ,.' (:. ',~,,, .... :'OWN OF PICKERING
qa:~l ~ ;'at led the "Town"
and -
herc~inafter ~alled the '~]r :. ~L, ,~. ez"
OF THE 'Ppi I r{D '~
, : CREAS, the Owner_ prep,
~23, in the Town of
and wi th the consent
divis~r~n r ' ose ]
pared by ~. d 'khaeffez
Number hrl'~61001; and
%',_:~,Rh,,,~, J~l.2 ,,n_.uuabrancer has c::TM ~ :l :1, , r ~rests in the
£diu~e c~} ,_~ncumbrances relating uo the 1 .,:: bed hereby
NOW THEREFORE.. FHfS ~.~ NfNT WITNESSETH, that in considera~
Town approving }-,c is ~, "~os?d plan of subdivision, and ~. c,~
hereinafter e~ :'q:w. ~ , .- : i~ ~',~e]ah
PART 1 - PROPERTY DESCRIPTION
1. 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 all of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 according
to a plan registered in the Land Titles Office for the Registry
Division of Durham (No. 40) as Plan 40M-
- 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 nec-
essary engineering and 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 designs
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 accept-
ance of the sewer system by the Town.
(5)
No connection under subsection 4, above, shall be undertaken
or authorized prior to preliminary acceptance of the sewer
system by the Town except in an emergency.
Se
ROADS
(1)
The Owner agrees to restore that part of Sheppard Avenue/Twyn
Rivers Drive adjacent to the plan of subdivision according to
the specifications for paved roads of the Town in effect at
the date hereof, where, in the opinion of the Town's Director
of Public Works, road restoration is required as a result of
the development of this plan of subdivision or the instal-
lation of any services related in any manner thereto.
PART 2 - SERVICES (Cont'd)
5. ROADS (Cont' d)
(2)
The specifications for boulevard grading and
apply to the road restoration referred to in
above.
sodding shall
subsection (1),
(3)
The Owner covenants and agrees that, until assumption by the
Town, it will maintain and repair roads where construction or
restoration 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 further agrees to keep all boulevards clear and
free of all materials and obstructions at all times.
6. CURBS & GUTTERS
(1)
The Owner agrees to construct curbs and gutters on that part
of Sheppard Avenue/Twyn Rivers Drive 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.
7. SIDEWALKS
The Owner agrees to construct a sidewalk
(a) on the west side of Altona Road adjacent to the plan of
subdivision; and
(b) on the north side of Sheppard Avenue/Twyn Rivers Drive adja-
cent 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.
8. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE &
STREET LIGHTING
(1)
(2)
(3)
(4)
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 up-
grading street lighting, including poles and other necessary
appurtenances for the up-grading of the lighting of both
boundary roads.
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.
- 5
PART 2 - SERVICES (Cont'd)
8. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE &
STREET LIGHTING (Cont'd)
(5)
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.
INSPECTION OF WORK
(1)
Ail works required to be constructed by the Owner, except
those referred to in section 9, above, 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), above, may include,
but not necessarily be limited to, salaries and wages of
Inspectors, testing fees and administration fees.
10. 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.
11. 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 workmanship and materials for a period of two (2)
years from the date that the said works are completed and
such completion 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, or a combination thereof.
(3)
The Owner may, from time to time,
the security and such application
Treasurer.
apply for a reduction in
shall be made to the Town
- 6
PART 2 SERVICES (Cont'd)
11. PERFORMANCE & MAINTENANCE GUARANTEE (Cont'd)
(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.
12. 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 out by the Owner
accordance with the Grading Control Plan, under the super-
vision 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 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 and blocks except for paved, planted or
treed areas, upon the completion of the construction of
buildings thereon.
13. INCOMPLETED OR FAULTY WORK
(1)
If, in the opinion of the Director of Public Works, the Owner
is not prosecuting or causing to be prosecuted the work in
connection with this Agreement within the specified time, or
in order that it may be completed within the specified time,
or is improperly performing the work, or shall the Owner
neglect or abandon it before the completion, or unreasonably
delay the same so that the conditions of this Agreement are
being violated or carelessly executed, or in bad faith, or
shall the Owner neglect or refuse to renew or again perform
such work as may be 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
- 7 -
PART 2 - SERVICES (Cont'd)
13. INCOMPLETED OR FAULTY WORK (Cont'd)
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
the Owner shall be forthwith notified.
but
(3) The cost of such work shall be calculated by the Director ~f
Public Works whose decision shall be final.
(4)
It is understood and agreed that such costs shall include a
management fee of twenty per cent (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.
14. TRANSFERS - EASEMENTS
(1)
The Owner shall arrange at no cost to the Town for granting
to the Town such easements as the Director of Public Works or
his designate shall deem necessary for the provision of storm
sewer services both within the boundaries of the plan of
subdivision and across lands adjacent thereto but outside its
boundaries.
(2)
Such easements shall be subject to the approval of the Direc-
tor of Public Works or his designate as to their location and
width.
(3)
The construction of any services in such easement or ease-
ments 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.
15. 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.
- S -
PART 2 - SERVICES (Cont'd)
16. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave all driveway approaches between the curb and sidewalk,
or, where no sidewalk is to be provided, between the edge of
the travelled portion of the roadway and the 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 workmanlike
manner.
(c) Public Lands - Fill & Debris
(i)
Neither to dump nor to permit to be dumped, any fill or
debris on, nor to remove or permit to be removed, any
fill from any public lands, other than the actual con-
struction of roads in the plan of subdivision without
the written consent of the authority responsible for
such lands.
(ii)
On f~uest, to supply the Town with an acknowledgement
from such authority of the Owner's compliance with the
terms of subclause (i), above.
(iii) That there shall be.no burning of refuse or debris
upon its lands or any public lands.
(d) 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 re-
quired by this Agreement, and the cost of such tests shall be
paid by the Owner within thirty (30) days of the account being
rendered by the Town.
(e) Relocation of Services
(i)
To pay the cost of relocating any existing services and
utilities caused by the subdivision work within thirty
(30) days of the account for same being rendered by th~
Town.
(ii)
Similarly to pay the cost of moving any services or
utilities installed under this Agreement in driveways or
so close thereto, in the opinion of the Director of
Public Works, as to interfere with the use of the
driveway.
Specifications
Unless otherwise provided, to perform any work required to be
.done under this Agreement to the specifications of the Town in
effect at the date hereof.
(g) Temporary 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.
- 9 -
PART 2 - SERVICES (Cont'd)
16. GENERAL PROVISIONS - SERVICES (Cont'd)
(h) Permanent Signs
To provide and erect at its own cost, to the specifications
of the Town, permanent signs of such nature and at such
locations as may be designated by the Director of Public
Works.
(i) 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.
(j) Snow Plowing & Sanding of Roads
(i)
If, in the opinion of the Director of Public Works,
the condition of the road surface of that part of
Sheppard Avenue/Twyn Rivers Drive to be reconstructed
is not acceptable for winter control, to snow plow and
sand it at the Owner's expense.
(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 road is
acceptable to the Director of Public Works for winter
control.
(k) 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.
- 10
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
17.
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 ade-
quate 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
(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.
(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 reconstructed road is formally assumed by the Town,
and further agrees to obtain similar covenants from any
subsequent owner of any of the lands in the said plan.
18. TIME LIMIT FOR CONSTRUCTION
The Owner agrees to construct or cause to be constructed, in the
plan, twelve (12) housing units, all of which shall be completed
within two (2) years of the date of registration of the plan.
19. DESIGN PLANNING
(1) (a)
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 Direc-
tor of Planning, for approval, a report outlining siting
and architectural design objectives for the subdivision.
11 -
PART 3 CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
19. DESIGN PLANNING
(2)
(Cont'd)
(b) This report may be required, at the Director's option,
to provide the following information:
(i) house massing;
(ii) streetscape;
(iii) exterior materials and colours;
(iv) architectural style;
(v) visual variety;
(vi) energy conservation measures; and
(vii) any other data or information required.
(a) The Owner further agrees that, prior to the issuance of
any building permit for the construction of a residen-
tial unit to be erected on the lands, it shall submit to
the Director, for approval, site plans and architectural
drawings for that unit.
(b) These plans and drawings may be required, at the Direc-
tor's option, to provide the following information:
(i) the location of all buildings and structures to
be erected and the location of all facilities and
works associated therewith;
the location of landscaping features,
trees to be preserved;
streetscape for front and rear elevation
(±±)
(iii)
(iv)
(v)
(vi)
scale acceptable to
streetscape to show
etation;
the relationship of
any other data or
the Director;
all street furniture
buildings by blocks;
information required.
including
at a
and Veg-
and
12
PART 4 - FINANCIAL MATTERS
20. FINANCIAL PAYMENTS
(1)
The Owner agrees to pay to the Town a unit levy in the amount
of $1,500 per unit, for each dwelling unit for which a build-
ing permit is received.
(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.
21. LETTER OF CREDIT
The Owner shall, immediately prior to the registration of the
plan, deposit with the Town, an irrevocable bank letter of credit
payable to the Town, in a form satisfactory to the Town, for the
sum of $18,000 as security for:
(a) the payments referred to in section 20 hereof; and
(b) the payment of liquidated damages referred to in subsection
(4) of section 17 hereof.
22. GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full
said plan of subdivision,
time.
on all the lands included in the
as required by law from time to
(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) 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 documentation, including transfers, in the
Land Titles Office.
- 13-
PART 4 - FINANCIAL MATTERS (Cont'd)
22. GENERAL PROVISIONS - FINANCIAL MATTERS
(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.
23. 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
(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.
24. TERMINATION OF LEVY/OCCUPANCY SECURITY
(1)
The letter of credit required to be deposited with the Town
pursuant to the provisions of section 21, above, may only be
terminated or cancelled by the Owner after the Municipal
Occupancy Permit for the last residential building or part
thereof to be constructed 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 letter of credit referred to
in subsection 1, as Municipal Occupancy Permits are issued.
- 14-
PART 5 PARKS & TREES
25. PROVISION OF PARKLAND
Prior to the registration of the plan herein, the Owner shall pay to
the Town, by cash or certified cheque, the sum of $7,350 and the
Town hereby agrees to accept same in full satisfaction of the
Owner's obligation to convey parkland to the Town.
26.
FENCING
(1)
The Owner shall erect, upon the completion of final lot grading
and seeding or sodding the lands in the subdivision, a perman-
ent fence of nine (9) gauge, galvanized steel link fencing,
having 0.05 metre mesh, 1.8 metres high,
(i)
along the westerly and northerly boundaries of the plan
of subdivision; and
(ii)
along the easterly boundary of Lot 12 from a point 15
metres north of Sheppard Avenue/Twyn Rivers Drive to the
northerly boundary of the Lot.
(2)
The fencing required to be constructed pursuant to subsection
(1), above, shall be constructed so as to meet or exceed the
requirements for swimming pool enclosures as set out in Part II
of the Town's By-Law 425/76, as amended from time to time, or
any successor thereto.
27. LANDSCAPE PLANNING
(i)
The Owner agrees that prior to the issuance of building permits
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".
28. STREET TREE PLANTING
(i)
The Owner shall plant on the adjacent road allowances, trees of
a size, number and type acceptable to the Town.
(2)
A schedule
ved by the
trees.
of the Owner's tree planting scheme shall be appro-
Director of Planning prior to the planting of any
(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 provide at least one (1) tree per
residential unit in the subdivision.
(ii)
Where the density is too great to enable this quota to
be met, the Owner shall provide $50 per unit for tree
planting in a public land area within the community in
which the plan is located.
15
PART 5 - PARKS & TREES (Cont'd)
29. TREE PRESERVATION
(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.
16 -
PART 6 - GENERAL PROVISIONS
30. 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
in order to comply with the provisions of this Agreement.
31. CANCELLATION OF AGREEMENT
In the event the complete plan of subdivision is not registered on
or before December 31st, 1982, 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.
32.
NOTICE
Any notice required to be given hereunder may be given by regis-
tered 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.
33. ENCUMBRANCER
The Encumbrancer agrees with the Town that this Agreement shall
have priority over and take precedence over any rights 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.
34. 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 ~f the verb agreeing therewith shall be construed
accordingly.
(2) The provisions in Schedules "A", "B", "C" and "D" attached
hereto shall form part of this Agreement.
35. TIME
Time shall be of the essence of this Agreement.
36. BINDING PARTIES
This Agreement and everything herein contained shall enure to the
benefit of and be binding upon the Parties hereto, their succes-
sors and assigns.
17 -
PART 6 - GENEP~L PROVISIONS (Cont'd)
IN WITNESS WHEREOF, the said Parties have hereunto affixed their
Corporate Seals attested to by the hands of their proper officers
that behalf fully authorized.
in
SIGNED, SEALED & DELIVERED
TRANS-TERRAN DEVELOPMENTS LIMITED
Per:
Per:
358016 ONTARIO LIMITED
Per:
Per:
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
Per:
Per:
SCHEDULE "A"
1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
(1)
(2)
Save as herein otherwise provided, the Owner agrees to complete
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
Works
Time Limit For Completion
(a) Underground
Services
Two years 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. DEMOLITION OF EXISTING BUILDINGS
Ail structures on the lands comprising the plan of subdivision shall
be demolished by the Owner, at its sole expense, prior to the issu-
ance of any building permit.
4. NOISE ATTENUATION MEASURES
Prior to the final acceptance by the Town of the works in the
subdivision, the Owner's'consulting engineer shall provide to the
Town, and to the Ministry of the Environment, his engineering
certificate certifying that all intended noise attenuation measures
required to be carried out pursuant to the provisions of the reports
prepared by Barman, Coulter, Swallow Associates, dated October 21st,
19~1, being the report referred to in section 3 of Schedule "C" to
this Agreement, have been carried out in accordance with those
provisions.
Be
CASH-IN-LIEU OF SERVICES - EXEMPTION
{1) In the event that the Owner is of the opinion that compliance
with,
(a) section 4 (storm sewers),
SCHEDULE "A" (Cont'd)
5. CASH-IN-LIEU OF SERVICES - EXEMPTION (Cont'd)
(b) section 6 (curbs and gutters),
(c) section 7 (sidewalks), and
(d) section 28 (street tree planting)
of this Agreement, is not possible or practical in the circum-
stances, then the Owner may apply, in writing, to the Town's
Director of Public Works for an exemption from the provisions
of those sections.
(2)
An application for an exemption under subsection (1) must be
made prior to the issuance of any building permit for any lot
in the plan.
(3)
Upon receipt of an application for an exemption under sub-
section (1), the Town's Director of Public Works shall review
the possibility of any practicality of compliance as required,
and may exempt the Owner as requested; the Director's decision
shall be communicated to the Owner in writing.
(4)
No exemption under subsection (3) shall be valid unless the
Owner pays to the Town within fifteen (15) days of the date
of the exemption, the sum of $37,550, being the estimated
cost of the installation or construction of the services from
which the Owner is exempted.
(5) No building permit shall be issued by the Town after an
application for exemption has been received by it, unless
(a) the sum required to be paid under subsection (4) is
paid;
(b) the application is withdrawn; or
(c) the application is refused.
6. DEEMED COMPLIANCE ON EXEMPTION
Upon the payment of
5(4), following the
the Owner shall,
the sum required to be paid under section
granting of an exemption under section 5(3),
(a)
be relieved of Compliance with the provisions of sections 4,
6, 7 and 28 of this Agreement and any other provisions relat-
ing thereto; and
(b)
have the right to apply to the Town Treasurer under section
11 of this Agreement for a reduction in the security held by
the Town as a performance and maintenance guarantee, as if
the Owner had satisfactorily completed the installation or
construction of the services from which the Owner is exempted.
7. STREET DITCHES & BOULEVARDS
In the event that the Owner is exempted under section 5, the Owner
agrees,
(a)
to construct and sod ditches and boulevards on Sheppard
Avenue/ Twyn Rivers Drive and Altona Road, adjacent to the
plan of subdivision to the specifications of the Town in
effect at the date hereof and to maintain them until they are
formally accepted by the Town; and
SCHEDULE "A" (Cont'd)
7. STREET DITCHES & BOULEVARDS (Cont'd)
(b)
that the performance and maintenance security required under
section 11 of this Agreement shall be increased accordingly
to cover the cost of such construction.
SCHEDULE "B"
1. INDUSTRIAL/COMMERCIAL COMPONENT CASH-IN-LIEU
The Owner shall pay to the Town, prior to the registration of the
plan herein, the sum of $12,000 cash-in-lieu of the construction
of an industrial/commercial component, and shall be entitled
thereby to 12 credits upon which the same number of residential
building unit permits may be issued.
SCHEDULE
1. SPECIAL PROVISIONS REQUIPd~D BY THE REGIONAL MUNICIPALITY
OF DURHAM
The section set out in this Schedule represent provisions not affec-
ting the Town but required to be inserted in this Agreement by the
conditions of draft approval, dated October 28th, 1981, of Draft
Plan 18T-81001 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 what-
soever and are not to be construed as relating in any way to any of
the other provisions of this Agreement, save and except section 4 of
Schedule "A".
MINISTRY OF THE ENVIRONMENT ("M.O.E.")
CANADIAN NATIONAL RAILWAY ("C.N.R.")
- NOISE ATTENUATION
(1)
The Owner shall, prior to final approval of the plan, engage
the services of a consultant to complete noise and vibration
reports recommending noise and vibration attenuation measures
to the satisfaction of M.O.E., C.N.R. and the Town.
(2)
The Owner shall carry out the noise and vibration noise atten-
uation measures recommended in the reports referred to in
subsection (1), above.
(3)
Purchasers are advised that despite the inclusion of noise
control features within the individual building units, noise
levels may continue to be of concern, occasionally interfering
with some activities of the dwelling occupants.
(4)
"VIBRATION OF THE BUILDINGS DURING TRAIN PASSBYS MAY BE PERCEIV-
ABLE TO SOME OCCUPANTS. THE VIBRATION LEVELS HAVE BEEN TESTED
AND ARE WELL BELOW THAT SUFFICIENT TO CAUSE DAMAGE TO THE
STRUCTURES" - CN Rail Caution.
, .~, iCE LOSTS
'¢.:[~'lin 5>; ~ ~?~ ) tay: ~ tke acknowledgement, by the Town's
l>~. ~c:%.~.~' o- . ;.c We k ;, of the payment by the Owner to the
'?owu t, ~ ..... f $2 ,000, being th, '~,[ ~mated cost of the
ir.s.t,.:.'at on , .,nst,-uction <)f s~ · ~-s, as provided
1~ sections (: .%-5 of this ~ :.,',' ihe To~ Manager
~:~,a].l deteum .... rind notify th ~ 5v ~t w-i ~ing, of the
following:
(a)
the area of the lands,
subdivision that the saJ.]
benefit (the "benefitt<ng
this section and the
such lands shall cont].nu ~
the plan of
be deemed to
the purposes of
· my, under which
. 'w~i ~tting lands;
(b)
..he port:on of the
shall doqm to be alii,'1 ca'de
(the "sh,tred cost")
. pair e. nh that the Town'
,e beuei[itting lands
. ...es of this section;
(C) the metb,~d ,>r metlnot's
ihe d~ar,>d cost to th~
.-n~ i-hat determination st]a!] !,o !'[., ~
±n the event that the benefitting l~nds, or ~,y ~,,zt tnmzco*,
.~re to be developed by plan of subdivision, plau of c~ondo-
minium or any other method requiring a Developmwnt Ag:cement,
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 accordinq to the method or methods referred
to in sub:~,ct:on (1), end
(b)
adj,~sted a~q~n]'l~, ~'<~: a ~r,a,imum of five (5) years from
the date oF n ,ti~ i, ~ I :on referred to in subsection (1),
according to the SouLham Construction Cost Index for
Ontario, comp,,si;e
(3)
In consideration of ,.i.e Town approving the plan of subdivi-
sion and entering into ~his Agreement with this section
included, the Owner hereby,
(a) remises, releases and forever discharges, and
(b) a~rees to indemnify and save harmless,
the Town, its officers and employees and their respective
he[rs, executors, administrators, su,.,'esso~s and assigns, of
,~nd from all actio0s, caus<?.s ~f a, ~ , , .~'~..~h~:,., claims,
debts, damages, d,~l~ands, ,c~ ~ ~ ~ ~ , ~ ~(,..~ :', .re~ith,
a.'SsSng, to arice or wh: ,r.~: ho):~ ~~, ~- %)'.: b, ~;~, ~ht against
any error, omiss~.,~n, cai ~,Trm ,~c ~ec~] ]QmDCP ~n the appl]cat :('.r~
thereof.
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