HomeMy WebLinkAbout By-law 1715/83THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1715/83
Being a by-law to authorize the execution of a
Subdivision Agreement between J. F. Coughlan
Construction Co. Limited and the Corporation of
the Town of Pickering respecting the develop-
ment of Part Lot 33, Range 3, Broken Front
Concession, Pickering (Draft Plan 18T-81042(R))
WHEREAS J. F. Coughlan Construction Co. Limited proposes to subdivide and register
a plan of subdivision of Part Lot 33, Range 3, Broken Front Concession, Pickering;
and
WHEREAS that proposal has been approved by the Council of the Corporation of the
Town of Pickering and the Regional Municipality of Durham, subject to several con-
ditions, one of which requires the entering into of a satisfactory Subdivision Agree-
ment between J. F. Coughlan Construction Co. Limited and the Corporation of the
Town of Picketing;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Subdivision Agree-
ment, in the form attached hereto as Schedule "A", between J. F. Coughlan
Construction Co. Limited and the Corporation of the Town of Picketing respect-
ing the development of Part Lot 33, Range 3, Broken Front Concession, Picker-
lng (Draft Plan 18T-81042(R).
BY-LAW read a first, second and third time and finally passed this
July, 1983.
4th day of
TOWN OF
PICKERINC
APPROVED
LEGAL D~
Schedule "A" to By-law 1715/83
THIS AGREEMENT made in triplicate this 20th day of June, 1983.
BETWEEN:
J. F. COUGHLAN CONSTRUCTION CO. LIMITED
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "/~own"
OF THE SECOND PART,
WILLIAM HARRY BELL
of the Town of Whitby, in the Regional
Municipality of Durham, Contractor
and
NORMAN JAMES BELL
of the Town of Pickering, in the Regional
Municipality of Durham, Former Restaurateur
and
SHIRLEY ANNIE PURDY
of the Town of Whitby, aforesaid, Married Woman
Executors of the Estate of Minnie Mabel Bell
late of the Town of Picketing, aforesaid, Widow, deceased
hereinafter collectively called the "Encumbrancer"
OF THE THIRD PART.
WHEREAS, the Owner proposes to subdivide part Lot 33, Range 3, Broken Front
Concession, in the Town of Picketing in the Regional Municipality of Durham, and
with the consent of the Encumbrancer, to register a plan of subdivision of those
lands, as shown on a draft plan of subdivision prepared by John Bousfield Associates
Limited and designated as Draft Plan Number 18T-81042 (Revised); and
WHEREAS, the Encumbrancer has certain rights or interests in the nature of encum-
brances relating to the lands affected hereby;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town
approving the proposed plan of subdivision, and the covenants hereinafter expressed,
the Parties hereto covenant and agree one with the other as follows:
PART 1 - PROPERTY DESCRIPTION
LAND AFFECTED
The lands affected by this Agreement are:
ALL AND SINGULAR that certain parcel or tract of land and premises situate,
lying and being in the Town of Pickering, in the Regional Municipality of
Durham and Province of Ontario and being composed of those parts of Lot 33,
Range 3, Broken Front Concession, designated as Parts 3 and 4, Plan
40R-7395, Part 4, Plan 40R-7489 and Parts 1, 2 and 3, Plan 40R-7602.
2
PART 2 - SERVICES
OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good workmanlike man-
ner, for the Town, all the municipal services as hereinafter set forth to the
satisfaction of the Director of Public Works for the Town of Picketing, and shall
complete, perform or make payment for such other matters as may be provided
for herein.
CONSULTING ENGINEERS
(i)
The Owner shall retain a Professional Engineer as the Consulting Engineer
of the Owner shall carry out all the necessary engineering and to super-
vise generally the work required to be done for the development of the
subdivision.
(a)
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
(i)
The Owner shall construct a complete storm system including storm con-
nections to the street line and catch basin leads to service all the lands
in the plan of subdivision and road allowances adjacent to the plan of
subdivision except Kingston Road, and to provide capacity for lands
upstream of the plan of subdivision except Blocks 1-2, 2-2 and 3-2,
according to designs approved by the Director of Public Works and ac-
cording to the specifications of the Town in effect at the date hereof and
shall maintain it, including clearing any blockages or debris from what-
ever cause, until it is formally accepted by the Town.
(2)
Such system shall be constructed to an outlet or outlets according to
designs approved by the Director of Public Works and shall be of suffi-
cient size and depth and at locations either within or outside the lands
affected hereby to service the plan of subdivision and the aforementioned
lands outside the plan of subdivision, which in the opinion of the Director
of Public Works, will require its use as a trunk outlet.
(3)
Should, in the opinion of the Director of Public Works, an inadequate
stream or structure exist in the outlet system outside the plan of subdivi-
sion, the Owner may be required to carry out such works as are neces-
sary to provide an adequate outlet.
(4)
The Town may connect or authorize connection into any part of the
system but such connection shall not constitute acceptance of the sewer
system by the Town.
(5)
No connection under subsection 4, above, shall be undertaken or au-
thorized prior to preliminary acceptance of the sewer system by the
Town, except in an emergency.
5. ROADS - ROUGH GRADE
(i)
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 allowances shown on the plan of subdi-
vision.
PART 2 - SERVICES (Cont'd)
ROADS - ROUGH GRADE (Cont'd)
The Owner shall keep all boulevards clear and free
obstructions which might interfere with the installation
phone, gas or other utilities.
of materials and
of electric, tele-
go
ROADS - PAVED
(i)
The Owner shall 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.
(2)
The specifications for boulevard grading and sodding shall apply to the
existing road adjacent to the plan of subdivision.
(3)
Until assumption by the Town, the Owner shall maintain and repair roads
both within and outside the plan of subdivision where construction has
taken place or that are used by construction traffic entering the plan of
subdivision and keep such roads clear of dust, refuse, rubbish or other
litter of all types.
(4)
The Owner shall erect and maintain adequate signs to warn all persons
using the roads in the plan of subdivision that the maintenance of them
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.
7. CURBS & GUTTERS
(i)
The Owner shall construct curbs and gutters on the roads to be con-
structed pursuant to section 6, above, according to the specifications of
the Town in effect at the date hereof and shall maintain them until they
are formally accepted by the Town.
(z)
If any curb depressions are not located correctly with respect to a drive-
way, the Owner shah construct a curb depression in the correct location
and fill in the original curb depression according to the said specifica-
tions.
SIDEWALKS
The Owner shall construct a sidewalk,
(a) on the west side of Altona Road adjacent to or on Block 34-1;
(b) on the west side of Fawndale Road; and
(c) on the northerly and easterly sides of Riverview Crescent
as illustrated on the sketch attached hereto as Schedule "E", 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.
PART 2 - SERVICES (Cont'd)
9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE &
STREET LIGHTING
(1)
Underground electric distribution shall be provided for all residential lots
within the plan of subdivision according to the standards and specifica-
tions of Pickering Hydro-Electric Commission.
Cable television services
the plan of subdivision
T.V. Limited.
shall be provided for all residential lots within
according to the standards of Pickering Cable
The Owner shall pay all costs of installation of street lighting, including
poles and other necessary appurtenances for the lighting of all streets
and pedestrian walkways on the plan, and all boundary roads requiring
upgraded lighting.
(4)
The lighting shall be designed and installed in accordance with standards
established by the Town and in conformity with the Association of Munici-
pal Electrical Utilities Guide to Municipal Standard Construction.
(5)
The installation of all works provided for in this section shall be con-
structed under the supervision and inspection of Picketing Hydro-Electric
Commission and Pickering Cable T.V. Limited, as the case may be.
10.
INSPECTION OF WORK
(1)
All works required to be constructed by the Owner, except those re-
ferred to in section 9, above, shall be installed under the observation of
Inspectors employed by the Town and the Owner shall pay the costs
incurred therefor within thirty (30) days of invoices being rendered.
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.
11.
LIABILITY INSURANCE
(i)
Before commencing any of the work provided for herein, the Owner shall
supply the Town with a Liability Insurance Policy in form satisfactory to
the Town, indemnifying the Town from any loss arising from claims for
damages, injury or otherwise in connection with the work done by or on
behalf of the Owner in the plan of subdivision and elsewhere.
(2) The amount of the Policy shall be $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 shall 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.
5
PART Z - SERVICES (Cont'd)
12.
PERFORMANCE & MAINTENANCE GUARANTEE
(1)
Before commencing the construction, installation or performance of any of
the works provided for herein, the Owner shall supply the Town with a
100% performance and maintenance security in a form satisfactory to the
Town and in an amount established by the Director of Public Works 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 10 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, 1982, and
(d)
guaranteeing all works, workmanship and materials for a period of
two (2) years from the date that the works are completed and
such completion acknowledged, in writing, by the Director of
Public Works.
(z)
The Owner may, from time to time, apply for a reduction in the security
and such application shall be made to the Town Treasurer.
(3)
Upon written verification from the Director of Public Works that the
construction, installation or performance of the works for which reduction
is being sought have been satisfactorily completed and paid for, the Town
Manager may reduce the amount of the security to an amount not less
than,
(a)
thirty-five per cent (35%) of the original value where no certifi-
cate or declaration of substantial performance has been made;
(b) twenty per cent (20%) of the original value where,
(i)
a certificate or declaration of substantial performance has
been published;
(ii) forty-five (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) ten per cent (10%) of the original value where,
(i) a certificate of final completion has been made by the
Owner's consulting engineer;
(ii) forty-five days (45) days following the making of such
certificate have expired; and
(iii)
all liens that may be claimed against any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
PART 2 - SERVICES (Cont'd)
12.
PERFORMANCE & MAINTENANCE GUARANTEE (Cont'd)
which ten per cent (10%) portion shall secure the guarantee of works,
workmanship and materials, until the obligation to guarantee has expired,
when the balance of the security shah be returned to the Owner subject
to any deductions for rectification of deficiencies.
(4)
Upon the approval, if any, of a reduction in the amount of the security
required to be provided in subsection 1, the Town Manager or the Town
Treasurer shall provide to the Owner any necessary assurance to effect
the reduction.
13.
DRAINAGE- SODDING
(i)
The Owner shall provide the Town, before commencing any of the work
provided for herein and prior to the commencement of the development of
the plan of subdivision, with a Grading Control Plan prepared by the
Owner's Consulting Engineer, establishing the proposed grading of the
lands 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, the Metro-
politan Toronto and Region Conservation Authority and the Ministry of
Natural Resources.
(3)
The grading of all lands shall be carried out by the Owner in accordance
with the Grading Control Plan, under the supervision of the 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 shall correct them by re-grading or by the
construction of catch basins, swales or other structures as may be neces-
sary to correct such problems.
(5) The Owner shall,
(a)
sod the front, side and rear yards of each of the residential lots
except for paved, planted or treed areas, upon the completion of
the construction of buildings thereon;
(b)
sod all of Part 4, Plan 40R-4631 at the time the rear yard of Lot
8-1 is sodded; and
(c)
seed all of Block 31-1, with seed approved for the purpose by
the Director of Parks and Recreation, at the time the easterly
side yard of Lot 7-1 is sodded.
14.
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)
14. 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 notifica-
tion 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 com-
pletion of the said work at the cost and expense of the Owner or his
surety, or both.
(z)
In cases of emergency, in the opinion of the Director of Public Works,
such work may be done without prior notice but the Owner shall be
forthwith notified.
(3)
The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
(4)
It is understood and agreed that such costs shall include a management
fee of twenty per cent (20%) of the labour and material value, and fur-
ther, a fee of thirty per cent (30%) of the value for /he 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 following Table to the respective authority named in Column
II of the Table:
Table
Column I Column II
Draft Plan Designations
Street A
- (Fawndale Road)
The Corporation of the Town
of Pickering
Street B
- (Riverview Crescent)
The Corporation of the Town
of Picketing
Block 35-1
- (Altona Road)
The Regional Municipality
of Durham
Block 3-2
- (Kingston Road)
Ministry of Transportation
& Communications
16. TRANSFERS - CONVEYANCES
(1) The Owner shall convey,
(a)
Block 1-2 - greenbelt if not previously conveyed to or subject to
a binding agreement to convey to the Metropolitan Toronto and
Region Conservation Authority;
PART 2 - SERVICES (Cont'd)
16.
TRANSFERS - CONVEYANCES (Cont'd)
(b) Block 32-1 - reserve, Fawndale Road;
(2)
(c) Block 33-1 - reserve, Riverview Crescent and Fawndale Road;
and
(d) Block 36-1 - reserve, Riverview Crescent;
to the Town, free and clear of all encumbrances and at no cost to the
Town, upon the registration of the plan or within the thirty (30) days
immediately following the registration of the final plan.
Notwithstanding the provisions of subsection (1), above, a transfer
required therein shall not be deemed to be subject to an encumbrance if
that encumbrance relates in any way to the existence or maintenance of a
public utility in operation as of the date of this Agreement.
17.
TRANSFERS- EASEMENTS
(1)
The Owner shall arrange at no cost to the Town for granting to the Town
such easements as the Director of Public Works or his designate shall
deem necessary for,
(a)
the provision of storm sewer services both within the boundaries
of the plan of subdivision and across lands adjacent thereto but
outside its boundaries; and
(b) the provision of cemetery maintenance to Part 4, Plan 40R-4631
across Lot 8-1.
(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)(a), above, shall not commence until the easement has
been acquired, unless permission to do so has been obtained by the
Owner, in writing, from the Town and from the registered owner of the
lands across which the easement shall lie.
18.
STREET NAMING
The Owner shall name, on the final plan, the streets indicated in
the following Table, with the
Table:
Table
Column I
Street A
(adjacent to Lots 1-6,
inclusive)
Street A
(balance)
Column I of
respective names set out in Column II of the
Column II
Fawndale Road
Riverview Crescent
9
PART 2 - SERVICES (Cont'd)
19. SERVICE CAPACITY
This Agreement shall be subject to the Owner entering into satisfactory ar-
rangements with the Town and the Regional Municipality of Durham with respect
to the allocation of sewage treatment plant capacity and water capacity for the
development.
20. 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 curb and the lot line.
(b) Continuation of Existing Services
Where the construction of services herein involves a continuation to
existing services, to join into the same, including adjustment of grades
where necessary, in a good and workmanlike manner.
(c) Public Lands - Fill & Debris
(i)
Neither to dump nor to permit to be dumped, any fill or debris
on, nor to remove or permit to be removed, any fill from any
public lands, including Ontario Hydro lands, other than in the
actual construction of roads in the plan of subdivision without the
written consent of the authority responsible for such lands.
(ii)
On request, to supply the Town with an acknowledgement from
such authority of the Owner's compliance with the terms of sub-
clause (i), above.
(iii)
That there shall be no burning of refuse or debris upon its lands
or any public lands.
(d) Construction Traffic
Wherever possible, to ensure that construction traffic serving the devel-
opment of this plan does not use roads, in this plan or adjacent plans,
having occupied residential units fronting thereon.
(e) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or quantitative tests
made of any materials which have been or are proposed to be used in the
construction of any services required by this Agreement, and the cost of
such tests shall be paid by the Owner within thirty (30) days of the
account being rendered by the Town.
(f) Relocation of Services
(i)
To pay the cost of relocating any existing services and utilities
caused by the subdivision work within thirty (30) days of the
account for same being rendered by the Town.
(ii)
Similarly to pay the cost of moving any services or utilities
installed under this Agreement in driveways or so close thereto,
in the opinion of the Director of Public Works, as to interfere
with the use of the driveway.
10
PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(g) Specifications
Unless otherwise provided, to perform any work required to be done
under this Agreement to the specifications of the Town in effect at the
date hereof.
(h) Temporary Signs
To provide and erect at its own cost, to the specifications of the Town,
temporary signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
(i) Permanent Signs
To provide and erect at its own cost, to the specifications of the Town,
permanent signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
(j) Engineering Drawings
Prior to the final acceptance of the subdivision, to supply the Town with
the original drawings of the engineering works for the plan of subdivi-
sion, with amendments, if any, noted thereon.
(k) Snow Plowing & Sanding of Roads
(i)
If, in the opinion of the Director of Public Works, the condition
of the road surface is not acceptable for winter control, to snow
plow and sand such roads from such occupied buildings to exist-
ing Town roads or to subdivision roads that receive the Town's
winter control service, including alternate means of access where
available.
(ii)
Such snow plowing and sanding shall be done from time to time
when the Director of Public Works deems conditions warrant and
until such time as the roads are acceptable to the Director of
Public Works for winter control.
(1) Survey Monuments & Markers
Prior to the acceptance of the 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.
11
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
21.
No building permit shall be issued for any building or part of a building
in the subdivision until sewer and water facilities are available, and in
the opinion of the Director of Public Works, capable of providing adequate
service.
(2)
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)
Sewer and water facilities are installed and in operation to ade-
quately serve such building or part thereof;
(ii) Electric service is completed and in operation;
(iii)
An asphalt base has been laid on the road immediately in front of
the building or part thereof and extended to an existing main-
tained public road; and
(iv)
Such curbs, as in the opinion of the Director of Public Works,
are required to be completed prior to occupancy have been con-
structed on the said road and extend to an existing maintained
public road.
(4)
(a)
Should any building or part thereof in the plan of subdivision be
occupied without the prior issuance of a municipal occupancy
permit, then in that event, the Owner shall pay to the Town the
sum of $1,500 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 subdi-
vision shall be deemed to be a release from the provisions of this
subsection with respect to that lot or block.
(5)
The Owner shall maintain vehicular access to all occupied buildings in the
plan of subdivision until the roads are formally assumed by the Town.
22.
TIME LIMIT FOR CONSTRUCTION
(i)
The Owner shall construct or cause to be constructed, in the plan, thirty
(30) housing units, all of which shall be completed within two (2) years
of the date of registration of the plan.
(2)
In the event that more or less than thirty
constructed in the plan, an amendment
required.
(30) housing units are to be
to this Agreement shall be
23.
DESIGN PLANNING
(1) (a)
The Owner shall, prior to the issuance of any building permit for
the construction of any residential unit on the lands, 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.
(b)
This report may be required, at the Director's option, to provide
the following information:
12
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
23.
DESIGN PLANNING (Cont'd)
house massing;
streetscape;
exterior materials and colours;
architectural style;
visual variety;
(z) (a)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(b)
energy conservation measures; and
any other data or information required.
The Owner shall, prior to the issuance of any building permit for
the construction of a residential unit 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.
These plans and drawings may be required, at the Director's
option, to provide the following information:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
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, including trees to be
preserved;
streetscape for front and rear elevation at a scale accept-
able to the Director;
streetscape to show all street furniture and vegetation;
the relationship of buildings by blocks; and
any other data or information required.
13
PART 4 - FINANCIAL MATTERS
24. FINANCIAL PAYMENTS
(1)
The Owner shall pay to the Town a unit levy in the amount of $1,500 per
unit, for each dwelling unit for which a building 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.
25. 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 $45,000 as security fort
(a) the payments referred to in section 24 hereof; and
the payment of liquidated damages referred to in subsection (4) o£ section
21 hereof.
26. GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands included in the said plan of
subdivision, as required by law from time to time.
(b) Local Improvements
Prior to the release of the plan for registration, to prepay any outstand-
ing local improvement charges which are levied against any of the lands
in the 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 documen-
tation, including transfers, in the Land Titles Office.
14
PART 4 - FINANCIAL MATTERS (Cont'd)
26.
GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd)
(e) Lien or Other Claims
Upon applying for final acceptance of the subdivision, 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 subdivi-
sion, or if such claims do exist, the Owner shall indemnify the Town
against all claims, actions or demands for mechanics' liens or otherwise
and all costs in connection therewith.
27,
EXPIRY OF SECURITIES
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 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 security into cash and hold
the cash in lieu of and for the same purposes as any further security.
28. TERMINATION OF LEVY/OCCUPANCY SECURITY
(i)
The security required to be deposited with the Town pursuant to the
provisions of section 25, above, may only be terminated or cancelled by
the Owner after the Municipal Occupancy Permit for the last residential
building or part thereof to be constructed in the plan has been issued by
the Town.
(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 subsection 1, as Municipal Occupancy Permits
are issued.
15
PART 5 - PARKS & TREES
29.
PROVISION OF PARKLAND
The Owner shall pay to the Town the sum of $25,725 prior to the registration
of the plan of subdivision in full satisfaction of the Owner's obligation to pro-
vide parkland.
30.
FENCING
(1)
The Owner shall erect, upon the completion of final lot grading and
seeding or sodding the lands in the subdivision, a permanent fence of
(a)
nine (9) gauge, galvanized steel link fencing, having 0.05 metre
mesh, 1.8 metres high,
(i)
along the northerly boundary of Block 1-2;
(ii) along the westerly boundary of Block 34-1;
(iii)
along the westerly, northerly and easterly boundaries of
Part 4, Plan 40R-4631, providing a gate one (1) metre
wide in the northern boundary; and
(iv)
along the boundary of the plan, adjacent to Lots 16-1,
17-1 and 18-1, from the north-west corner of Block 1-2 to
a point 33.51 metres west of the north-east corner of Lot
18-1; and
(b)
nine and three-quarter (9-3/4) gauge, nine (9) strand,
galvanized steel farm fence, having maximum 0.10 x 0.40 metre
mesh, 1.25 metres high, along the southerly boundary of the
subdivision adjacent to Block 33-1,
as illustrated on the sketch attached hereto as Schedule "F".
(z)
The fencing required to be constructed pursuant to subsection (1),
above, shall be constructed so as to meet or exceed the requirements for
swimming pool enclosures as set out in Part II of the Town's By-Law
425/76, as amended from time to time, or any successor thereto.
(3)
The Owner shall further erect, at the time the fencing referred to in
subsection (1) is erected, vehicle barriers on Blocks 32-1 and 36-1, to be
constructed in accordance with specifications therefor and to the satisfac-
tion of the Director 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 walk-
ways.
(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.
16
PART 5 - PARKS & TREES (Cont'd)
32.
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, submit a landscaping plan for all
of the lots and blocks on the plan to the Town for approval.
(2)
Upon approval by the Town of a landscaping plan, the Owner shall con-
struct, install or plant the landscaping works, as the case may be, in
conformance with the landscaping plan according to the time limits set out
in Schedule "A".
33.
TREE PLANTING
(1)
The Owner shall plant on road allowances within or adjacent to the plan,
trees of a size, number and type acceptable to the Town.
(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) 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 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 $70 for every unit for which a tree cannot be
planted for tree planting in a public land area within the commu-
nity in which the plan is located.
34.
TREE PRESERVATION
(i)
The Owner shall retain, at its own expense, a qualified expert to prepare
a Tree Preservation Program indicating which existing trees shall be
preserved.
(2)
The Program shall be submitted to the Director of Planning for his review
and approval, and, once approved, 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 plan, including the removal of any trees.
17
PART 6 - GENERAL PROVISIONS
35. LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the afore-
said lands, or any part thereof, to enter upon such lands in order to comply
with the provisions of this Agreement.
36. CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before December
31st, 1984, the Town may, at its option on one month's notice to the Owner,
declare this Agreement to be null and void.
37. NOTICE
Any notice required to be given hereunder may be given by registered mail
addressed to the other Party at its principal place of business and shall be
effective as of the second day immediately following the date of the deposit
thereof in the Post Office.
38. ENCUMBRANCER
This Agreement shall have priority over and take precedence over all of the
Encumbrancer's rights or interests, whether or not any such right or interest
was established or arose prior to the date hereof and whether or not such right
or interest is set out in or arises by virtue of any instrument or document
registered on title to the lands affected hereby, or any part of them, prior to
the registration of this Agreement.
39. INTERPRETATION
(1)
Whenever in this Agreement the word "Owner", or "Encumbrancer" and
the pronoun "it" is used, it shall be read and construed as "Owner or
Owners", "Encumbrancer or Encumbrancers" and "his", "her" or "them",
respectively, and the number of the verb agreeing therewith shall be
construed accordingly.
(2)
Whenever in this Agreement reference is made to any specific lot or block
by number, and such reference contains a hyphen (e.g. Block 1-2), the
number preceding the hyphen refers to the lot or block designation and
the number following the hyphen refers to the phase number.
(3) Schedules "AII, "B", llCll, "D", "E" and r'F" attached hereto shall form
part of this Agreement.
40.
TIME
Time shall be of the essence of this Agreement.
18
PART 6 - GENERAL PROVISIONS (Cont'd)
41.
BINDING PARTIES
This Agreement and everything herein contained shall enure to the
and be binding upon the Parties hereto, their successors and assigns.
benefit of
IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate Seals
attested to by the hands of their proper officers in that behalf fully authorized.
SIGNED, SEALED & DELIVERED
J. F. COUGHLAN CONSTRUCTION CO. LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
In the presence of
EXECUTORS OF THE ESTATE OF MINNIE MABEL BELL
WILLIAM HARRY BELL
NORMAN JAMES BELL
SHIRLEY ANNIE PURDY
A-0027.1
19
SCHEDULE "A"
1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
(i)
(z)
Save as herein otherwise provided, the Owner shall complete the works
required under this Agreement within the time limits specified in the
Table set out below and shall guarantee the workmanship and materials
for a period of two (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 Construction
(a)
Aboveground Services
- Type 1
Three years from the date of the reg-
istration of the plan of subdivision
(b)
Aboveground Services
- Type 2
Two years from the date of the regis-
tration of the plan of subdivision
(c)
Underground Services
Two years from the date of the regis-
tration of the plan of subdivision
Aboveground 'Services - Type 1:
Driveway aprons, top coat of asphalt on roads,
two stage curbs permitted), sidewalks and trees
top portion of curbs (if
Aboveground Services - Type 2:
All other aboveground services
2. 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 speci-
fications, a temporary turning circle,
(a) on Fawndale Road immediately south of Block 32, and
(b) on Riverview Crescent immediately south of Block 36.
(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.
(3)
As the temporary turning circle referred to in subsection (1)(b), above,
will be required only if the development of these lands precedes the
development of the lands to the north comprising Draft Plan 18T-81017
(Revised), the Director of Public Works may waive the construction of it
at his sole discretion, if development of the lands to the north is pro-
ceeding.
3. DEMOLITION OF EXISTING BUILDINGS
All structures on the lands comprising the plan of subdivision shall be demol-
ished by the Owner, at its sole expense, prior to the issuance of any building
permit.
A-1
SCHEDULE "A" (Cont'd)
4. ALTONA ROAD ACCESS
(i)
Subject to the approval of the Regional Municipality of Durham, the
Owner at its expense, shall construct, across Lots $ and 6, a public road
access to the Town's satisfaction, and as if it were a road shown on the
plan of subdivision, to provide permanent vehicular and pedestrian access
from Altona Road.
(2)
The Owner shall convey to the Town, at no cost to the Town, all lands
required by the Town to implement such access, and upon such convey-
ance the Town may dedicate such lands as public highway.
(3)
When either Riverview Crescent or Fawndale Road is constructed to
provide vehicular and pedestrian access to Altona Road, the Town shall
close as public highway any lands dedicated by it pursuant to subsection
(2), and, pursuant to the provisions of the Municipal Act, R.S.O. 1980,
c.302, as amended from time to time, or any successor thereto, and all
other relevant legislation, offer any lands conveyed to it pursuant to
subsection (2) for sale, at a nominal cost, to the owner or owners of the
abutting lands.
(4)
As the public road access referred to in subsection (1), above, will be
required only if the development of these lands precedes the development
of the lands to the north comprising Draft Plan 18T-81017 (Revised), the
Director of Public Works may waive the construction of it at his sole
discretion, if development of the lands to the north is proceeding.
FUTURE DEVELOPMENT BLOCK - BLOCK 31
(i)
Block 31 shall be held for future residential development in conjunction
with adjacent lands and such development shall not commence without the
prior written approval of the Town which approval may be granted sub-
ject to conditions, one of which may require certain amendments to be
made to this Agreement.
(2)
Until such time as Block 31 is developed in accordance with subsection
(1), above, the Owner shall maintain Block 31 in a clean and orderly
condition to the satisfaction of the Town.
FAWNDALE ROAD EXTENSION
(1)
In the event that the Owner wishes to service the lands in the subdivi-
sion, or any part of them, with trunk services running north-south in
Fawndale Road instead of in Altona Road, then the Owner, in conjunction
with the owner of the lands comprising Draft Plan 18T-81017, shall obtain
and register, at the Owner's cost, a conveyance of a 20 metre wide road
allowance running northerly from Block 32-1 to the southerly boundary of
Draft Plan 18T-81017, which conveyance shall be at no cost to the Town
and free and clear of all encumbrances.
(2)
Following the registration of the conveyance, the Owner shall construct,
or install at its sole expense on, or in the lands conveyed,
(a) a road,
(b) curbs and gutters,
(c) a storm drainage system,
(d) boulevards,
(e) street lighting, and
A-2
SCHEDULE "A" (Cont'd)
FAWNDALE ROAD EXTENSION (Cont'd)
(f) a sidewalk along the west side of the road,
to the Town's specifications, to the satisfaction of the Director of Public
Works, as if the lands conveyed were part of the plan of subdivision.
(3)
The provisions of sections 2-14, inclusive; 17; 20(b)-20(1), inclusive;
26(c),(d) and (e); 27; 31 and 33 of this Agreement and of sections 1 and
3 of Schedule "A" to this Agreement shah apply to the works required to
be constructed under subsection (2), above.
CASH-IN-LIEU OF SERVICES - EXEMPTION
(1) In the event that the Owner is of the opinion that compliance with,
(a) section 8(a), respecting construction of a sidewalk on Altona
Road, or
(b)
section 9(3), (4) and (5), respecting installation of street light-
ing on Altona Road,
of this Agreement, is not possible or practical in the circumstances, then
the Owner may apply, in writing, to the Town's Director of Public Works
for an exemption from the provisions of that section, or both of them.
(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 subsection (1), the
Town's Director of Public Works shall review the possibility of any practi-
cality of compliance as required, and may exempt the Owner as reques-
ted; the Director's decision shall be communicated to the Owner in writ-
ing.
(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,
(a) $2,205, for an exemption from section 8(a), and
(b) $3,475, for an exemption from section 9(3), (4) and (5),
being the estimated cost of the installation or construction of the respec-
tive 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.
o
DEEMED COMPLIANCE ON EXEMPTION
Upon the payment of a sum required to be paid under section 7(4), above,
following the granting of an exemption under section 7(3), above, the Owner
shall,
A-3
SCHEDULE "A" (Cont'd
8. DEEMED COMPLIANCE ON EXEMPTION (Cont'd)
(a)
be relieved of compliance with the provimons of section 8(a) or section
9(3), (4) and (5) of this Agreement, or both of them, as the case may
be, respecting Altona Road and any other provisions relating 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 perfor-
mance and maintenance guarantee, as if the Owner had satisfactorily
completed the installation or construction of the services from which the
Owner is exempted.
9. FENCING REQUIREMENTS
In the event that, in the opinion of the Director of Parks and Recreation, the
provisions of section 2 or section 3(3) of Schedule "C" require a higher stan-
dard of fencing to be provided than do the provisions of section 30(1)(a) of
this Agreement, then the former provisions shall supercede and be deemed to
replace the latter provisions to the extent necessary to give effect to the
higher standard.
A-4
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
2,787.0 square metres, or
(b) commercial buildings having a total floor area of not less than
1,788.0 square metres, or
(e)
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 30 credits upon which the
same number of residential building unit permits may be issued.
(z)
The required industrial or commercial buildings shall be completed 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 buildings have not been construc-
ted, 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 construction of industrial buildings,
commercial buildings, or a combination thereof, the per unit requirements
set out in clause (c) of subsection (1), above, shall be used.
(5)
The Owner shall leave deposited with the Town, its performance security
in the amount of $52,500 to guarantee the satisfactory completion of the
required industrial or commercial buildings on or before the date set out
in subsection (2), above, and to secure the payment of any liquidated
damages that may become payable under subsection (3), above.
(6)
As industrial or commercial buildings are constructed pursuant to this
section~ the Owner may apply to the Town for a reduction or reductions
in the amount of any performance security deposited with the Town
pursuant to the provisions of subsection (5), above, and the Town may,
in its discretion, approve any such reduction and the amount thereof or
not approve it.
B-1
SCHEDULE "C"
SPECIAL PROVISIONS REQUIRED BY OTHER AGENCIES
The sections set out in this Schedule represent provisions not affecting the
Town but required to be inserted in this Agreement by other agencies; these
sections are not intended to bind the Owner to the Town nor the Town to the
Owner in any manner whatsoever and are not to be construed as relating in any
way to any of the other provisions of this Agreement.
METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY
("M.T.R.C.A.") & MINISTRY OF NATURAL RESOURCES ("M.N.R.")
- ENGINEERING & DRAINAGE REPORT
The Owner shall carry out, or cause to be carried out, to the satisfaction of
M.T.R.C.A.and M.N.R., the recommendations referred to in the reports
required in the draft approval of this plan by the Commissioner of Planning of
the Regional Municipality of Durham.
METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY
("M.T.R.C.A.")
(i)
The Owner shall submit individual lot, site and grading plans for Lots 7-1
to 18-1 inclusive to M.T.R.C.A. for its review and approval.
(z)
The Owner shall not place, fill, grade, construct any buildings or struc-
tures or interfere with the channel of the watercourse within Block 1-2
without the written approval from M.T.R.C.A. (sic).
(3)
The Owner, prior to the initiation of ar/y grading on the site and prior to
the registration of the plan, shall erect a 4-foot high chain link fence
along the boundary of the plan adjacent to Lots 16-1, 17-1 and 18-1, from
the north-west corner of Block 1-2 to a point 33.51 metres west of the
north-east corner of Lot 18-1, to the satisfaction of M.T.R.C.A.
C-1
SCHEDULE "D"
PLAN
REGISTRATION PHASING
(1) It is acknowledged and agreed that the Owner shall register the plan o£
subc~ivision in two phases, as shown on Map I, attached hereto.
(2) This Agreement shall be registered on title to all the lands in the plan
prior to the registration of the First Phase of the Plan,
(3) (a) The First Phase o£ the Plan shall be registered on or before
December 31st, 1983.
(b) The Second Phase of the Plan shall be registered on or before
December 31st, 1985.
(4) The provisions of the sections set out in the following Table shall be
applicable to both Phases but shall only take effect with respect to any
Phase upon the registration of the Plan for that Phase.
Table
Sections 4, 5, 6, 7, 8, 9, 12, 13, 15, 16, 18, 20, 23, 24, 32 and 33
Schedule "A" - Sections 1, 2, 3, 4, 5, 6, 7 and 8
Schedule 'IE'I
Schedule "F"
(5) The provisions of the sections set out in the following Table shall be
applicable to both Phases and shah take effect upon the registration of
this Agreement.
Table
Sections 1, 2, 3, 10, 11, 14, 17, 19, 21, 22, 25, 26, 27, 28, 29, 30, 31,
34, 35, 36, 37, 38, 39, 40 and 41
Schedule "A" - Section 9
Schedule "B" - Section 1
Schedule "C" - Sections 1, 2 and 3
Schedule "D" - Section 1, Map I
D-1
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