HomeMy WebLinkAboutBy-law 1105/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1105 /80
Being a By-Law to authorize the execution
of a Subdivision Aareement between Willowridge
Construction Limited and the Corporation of
the Town of Pickering respecting the develop-
ment of part of Lot 20, Range 3, Broken Front
Concession (draft Plan 1ST-76085 South Portion)
WHEREAS Willowridge Construction Limited have
proposed a Plan of Subdivision for certain lands within
the Town of Pickering;
AND WHEREAS the Council of the Corporation of the
Town of Pickering and the Minister of Housing have approved
of the said proposal, subject to certain conditions, one
of which requires the proposers to enter into a Subdivision
Agreement with the Corporation pursuant to the provisions
of subsection 6 of section 33 of The Planning Act, R.S.O.
1970, c. 349, as amended;
NOW THEREFORE THE COLNCIL OF THE CORPORATION OF
THE TOWN OF PICKERING HEREBY ENACTS, as follows:
1. The Mayor and Clerk are hereby authorized to
execute a Subdivision Agreement in the form
attached hereto as Schedule "A", between
Willowridge Construction Limited and the
Corporation of the Town of Pickering, respecting
the subdivision of Part of Lot 20, Range 3, Broken
Front Concession (Draft Plan of Subdivision
Number 18T-7800.5, South Portion).
BY-LAW read a first, second and third time and finally passed
this 17th day of March , 1980.
i
i
A° yor -
`/l,
T CI
P; C;
Af.,
0 y f,
[1CV
THIS AGREEMENT made this day of , 1980.
BETWEEN:
WILLOWRIDGE CONSTRUCTION LIMITED
hereinafter collectively called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS, the Owner proposes to subdivide certain
lands in Lot 20, Range 3, Broken Front Concession, in the
Town of Pickering, in the Regional Municipality of Durham,
and to register a Plan of Subdivision of those lands, as
shown on part of a Draft Plan of Subdivision prepared by
C. F. Fleischmann, O.L.S., dated August 21st, 1978, as
revised, designated as Draft Plan Number 18T-78085;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in
consideration of the Town approving the said proposed Plan
of Subdivision, and the covenants hereinafter expressed,
the Parties hereto covenant and agree one with the other
as follows:
- z -
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,
- 3 -
PART 2 - SERVICES
2. OWNER'S GENERAL UNDERTAKING
The Owner agrees to complete at its own ex-
pense 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
The Owner agrees to retain a Professional
Engineer as the Consulting Engineer of the
Owner to carry out all the necessary engin-
eering and generally supervise the work
required to be done for the development of
the subdivision. 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 inclu-
ding storm connections to the
street line and catch basin
leads to service all the lands
on the said Plan of Subdivision
and adjacent road allowances
and to provide capacity for
lands upstream of the subdivi-
sion, 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 accep-
ted by the Town. Such sewers
shall be constructed to an out-
let or outlets according to
designs approved by the Direc-
tor of Public Works and shall
be of sufficient size and
depth and at locations either
within or outside the subdivi-
sion to service the subdivision
- 4 -
PART 2 - SERVICES (Cont'd)
4. STORM SEWERS (Cont'd)
and the aforementioned lands
outside the subdivision which,
in the opinion of the Direc-
tor of Public Works, will re-
quire their use as trunk out-
lets. Should, in the opinion
of the Director of Public
Works, an inadequate stream or
structure exist in the outlet
system outside the subdivision,
the Owner may be required to
carry out such works as are
necessary to provide adequate
outlets.
(2) The Town may connect or auth-
orize connection into any part
of the system but such connec-
tion shall not constitute
final acceptance of the sewer
system by the Town.
(3) No connection under subsection
2 shall be undertaken or auth-
orized prior to preliminary
acceptance of the sewer system
by the Town except in an emer-
gency.
5. ROADS - ROUGH GRADE
Prior to the installation or construction of
the relevant municipal services provided for
herein, the owner agrees to rough grade to
the Town's specifications to the full width,
the proposed road allowance shown on the
Plan of Subdivision. The Owner further
agrees to keep all boulevards clear and
free of materials and obstructions which
might interfere with the installation of
electric, telephone, gas or other utilities.
6. ROADS - PAVED
The Owner agrees to construct the road
shown on the Plan of Subdivision according
to the specifications for paved roads of
the Town in effect at the date hereof, in-
cluding such boundary or approach roads as
may be necessary to provide an adequate
access. The specifications for boulevard
grading, sidewalks and sodding shall apply
- 5 -
PART 2 - SERVICES (Cont'd)
ROADS - PAVED (Cont'd)
to existing roads adjacent to the said Plan
of Subdivision. The owner covenants and
agrees that until assumption by the Town,
it will maintain and repair streets both
within and outside the subdivision where
construction has taken place or that are
used by construction traffic entering the
subdivision and keep them clear of dust,
refuse, rubbish, or other litter of all
types. The owner will erect and maintain
adequate signs to warn all persons using
the subdivision road that the maintenance
of it has not been assumed by the Town
from the time that it is opened until
formal assumption by the Town.
7. CURBS & GUTTERS
The Owner agrees to construct curbs and
gutters on the road shown on the Plan of
Subdivision, and on Sandy Beach Road adja-
cent to Blocks 8 and 9 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.
If any curb depressions are not located
correctly with respect to a driveway, the
Owner shall construct and curb depression
in the correct location and fill in the
original curb depression according to the
said specifications.
8. SIDEWALKS
The Owner agrees to construct a sidewalk
on the east side of Sandy Beach Road from
a point on the westerly extension of the
northerly lot line of Lot 7 to a point on
the easterly extension of the northerly
limit of Parkham Crescent according to
the specifications of the Town in effect
at the date hereof and to maintain it
until it is formally accepted by the Town.
- 6 -
PART 2 - SERVICES (Cont'd)
9. UNDERGROUND ELECTRIC DISTRIBUTION &
STREET LIGHTING
Underground electric distribution services
shall be provided for all lots and blocks
within the subdivision according to the
standards and specifications of the
appropriate authority. The Owner shall
make such financial arrangements as may
be required to ensure the construction of
those services. The Owner agrees to pay
all costs of installation of street light-
ing, including poles and other necessary
appurtenances for the lighting of all
streets including boundary roads and
pedestrian walkways on the Plan. The
lighting shall be designed and installed
in accordance with standards established
by the Town and in conformity with the
Association of Municipal Electrical Util-
ities Guide to Municipal Standard Con-
struction. The installation of all works
provided for in this clause shall be con-
structed under the supervision and inspec-
tion of the aforesaid authority.
10. INSPECTION OF WORK
All works required to be constructed by
the owner shall be installed under the
observation of Inspectors employed by
the Town and the owner agrees to pay the
costs incurred (Salaries and Expense)
therefor within thirty (30) days of
invoices being rendered.
11. LIABILITY INSURANCE
Before commencing any of the work pro-
vided for herein, the owner shall sup-
ply 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
on the subdivision. The amount of the
said policy shall be $1,000,000. In
the event any renewal premium is not
paid, the Town, in order to prevent the
lapse of such Liability Insurance Pol-
icy, may pay the renewal premium or
premiums and the Owner agrees to pay
the cost of such renewal or renewals
- 7 -
PART 2 SERVICES (Cont'd)
11. LIABILITY INSURANCE (Cont'd)
within thirty (30) days of the account
therefore being rendered by the Town.
It shall be the responsibility of the
owner to notify the Town of the dates
for the renewal of the premium of the
said policy and to supply proof that
the premium of the said policy has been
paid in order that the protection pro-
vided by the Liability Insurance Policy
shall not lapse.
12. PERFORMANCE & MAINTENANCE GUARANTEE
(1) Before commencing any of the
work provided for herein, the
owner shall supply the Town
with a 100% performance and
maintenance security in form
satisfactory to the Town and
in the amount of $
to guarantee the satisfactory
completion of the work and to
guarantee the workmanship and
materials for a period of two
(2) years from the date that
the said works are completed
and such completion acknow-
ledged, in writing, by the
Director of Public Works.
Such performance and mainten-
ance security may, at the
option of the Owner, be made
up of part bond and part cash,
or all cash, or irrevocable
letter of credit. The Owner
may from time to time, apply
for a reduction in the bond,
cash or letter of credit and
such application shall be made
to the Town Manager. Upon
written verification of the
Director of Public Works that
the services for which reduc-
tion is being sought have been
satisfactorily completed, the
Town Manager may reduce the
amount of the security to any
amount not less than ten per
cent (10%) of the original
value, which ten per cent por-
tion shall apply as the secur-
ity 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
- 8 -
PART 2 - SERVICES (Cont'd)
12. PERFORMANCE & MAINTENANCE GUARANTEE (Cont'd)
purposes.
(2) Upon the approval, if any, of
a reduction in the amount of
the security required to be
provided in subsection 1, the
Town Manager shall provide to
the Owner any necessary assur-
ances to effect the reduction.
13. DRAINAGE - SODDING
(1) The Owner agrees to provide the
Town, before commencing any of
the work provided for herein
and prior to the commencement
of the development of the sub-
division, with a Grading Con-
trol Plan prepared by the
Owner's Consulting Engineer,
establishing the proposed grad-
ing of the lands to provide for
the proper drainage thereof and
the drainage of all adjacent
lands which drain through the
said subdivision. The said
Grading Control Plan is to be
prepared in accordance with
the Town's Lot Drainage spec-
ifications in effect at the
date of this Agreement and is
subject to the approval of the
Metropolitan Toronto and Region
Conservation Authority.
(2) The grading of all lands in the
subdivision shall be carried
out by the Owner in accordance
with such Grading Control Plan
under the supervision of the
owner's Consulting Engineer.
If, in the opinion of the Dir-
ector of Public Works, drainage
problems occur prior to formal
acceptance of the 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.
- 9 -
PART 2 - SERVICES (Cont'd)
13. DRAINAGE - SODDING (Cont'd)
(3) The Owner agrees to sod the
front and side yards and to
seed the rear yards of each
of the lots except for paved
or planted areas, upon the
completion of the construction
of buildings thereon.
14. INCOMPLETED OR FAULTY WORK
If, in the opinion of the Director of Pub-
lic Works, the owner is not prosecuting or
causing to be prosecuted the work in con-
nection 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 neg-
lect or refuse to renew or again perform
such work as may be rejected by the Direc-
tor of Public Works as defective or un-
suitable, or shall the owner in any other
manner, in the opinion of the Director of
Public Works, make default in performance
of the terms of this Agreement, then in
any such case the said Director of Public
Works shall promptly notify the owner and
his surety in writing of such default or
neglect and if such notification be with-
out effect within ten (10) clear days
after such notice, then in that case, the
Director of Public Works shall thereupon
have full authority and power immediately
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 sur-
ety, or both. In cases of emergency, in
the opinion of the Director of Public
Works, such work may be done without prior
notice but the owner shall be forthwith
notified. The cost of such work shall be
calculated by the Director of Public Works
whose decision shall be final. It is
understood and agreed that such costs
shall include a management fee of twenty
per cent (208) of the labour and material
value, and further, a fee of thirty per
cent (308) of the value for the disloca-
tion and inconvenience caused to the
Town as a result of such default on the
part of the Owner, it being hereby de-
- 10 -
PART 2 - SERVICES (Cont'd)
14
15.
INCOMPLETED OR FAULTY WORK (Cont'd)
clared and agreed that the assuming of the
obligations imposed by this paragraph is
one of the considerations, without which
the Town would not have executed this
Agreement.
DEDICATIONS
The owner shall dedicate as public highway,
upon 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:
Column I Column II
Willowside The Corporation of the
Court Town of Pickering
16. TRANSFERS - CONVEYANCES
The Owner shall convey free and clear of
all encumbrances, at no cost to the Gran-
tee, upon the registration of the Plan or
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:
Column I Column II
Block 8 The Corporation of the
Town of Pickering
Block 9 The Corporation of the
Town of Pickering
- 11 -
PART 2 - SERVICES (Cont'd)
17. TRANSFERS - EASEMENTS
The Owner shall arrange at no cost to the
Town for granting to the Town such ease-
ments 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 devel-
opment and across lands adjacent to the
development but outside its boundaries.
Such easements shall be subject to the
approval of the Director of Public Works
or his designate as to their location
and width.
The construction of any services in such
easement or easements shall not commence
until the easement has been acquired,
unless permission to do so has been
obtained by the Owner, in writing, from
the Town and from the registered owner
of the lands across which the easement
shall lie.
18. STREET NAMING
The owner shall, on the final plan, name
the street "Willowside Court".
19. SERVICE CAPACITY
This Agreement shall be subject to the
owner entering into satisfactory arran-
gements 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.
- 12 -
PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave the driveway approaches
between the curb and sidewalk,
or, where no sidewalk is to be
provided, between the curb and
the street line.
(b) Continuation of Existing
Services
Where the construction of ser-
vices herein involves a contin-
uation to existing services, to
join into the same, including
adjustment of grades where nec-
essary, in a good workmanlike
manner.
(c) Public Lands - Fill & Debris
To neither dump nor 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 construction of
roads in the subdivision with-
out the written consent of the
authority responsible for such
lands. The Owner shall, on
request, supply the Town with
an acknowledgement from such
authority of the owner's com-
pliance with the terms of
this clause. The Owner fur-
ther agrees that there shall
be no burning of refuse or
debris upon his lands or any
public lands.
(d) Qualitative or Quantitative
Tests
The Director of Public Works
may have qualitative or quan-
titative tests made of any
materials which have been or
are proposed to be used in
the construction of any ser-
vices required by this Agree-
ment, and the cost of such
tests shall be paid by the
owner within thirty (30) days
of the account being rendered
by the Town.
- 13 -
PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(e) Relocation of Services
To pay the cost of relocating
any existing services and
utilities caused by the subdi-
vision work within thirty (30)
days of the account for same
being rendered by the Town.
The Owner further agrees to
similarly pay the cost of
moving any services or util-
ities installed under this
Agreement in driveways or so
close thereto, in the opin-
ion of the Director of Public
Works, as to interfere with
the use of the driveway.
(f) Specifications
Unless otherwise provided, to
perform any work required to
be done under this Agreement
to the specifications of the
Town in effect at the date
hereof.
(g) Temporary Signs
To provide and erect at its
own cost, temporary street
signs at locations designated
by the Director of Public
Works to the specifications
of the Town.
(h) Permanent Signs
To provide and erect at its
own cost, permanent street
signs at locations designa-
ted by the Director of Public
Works to the specifications
of the Town.
(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 subdivision,
with amendments, if any,
noted thereon.
- 14 -
PART 2 - SERVICES (COnt'd)
20. GENERAL PROVISIONS - SERVICES (COnt'd)
(j) Snow Plowing & Sanding of
Roads
If, in the opinion of the Dir-
ector of Public Works, the con-
dition of the road surface is
not acceptable to him for win-
ter control, to snow plow and
sand such roads from such
occupied buildings to existing
Town roads or to subdivision
roads that receive the Town's
winter control service, inclu-
ding alternate means of access
where available. 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 con-
trol.
(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.
- 15 -
PART 3 - CONSTRUCTION & OCCUPANCY
OF BUILDINGS
21. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) The Owner agrees that no build-
ing permit shall be issued for
any building or part of a
building in the subdivision
until sewer and water facili-
ties are available, and in the
opinion of the Director of
Public Works, capable of pro-
viding adequate service.
(2) The Owner further agrees that
no building or part of a build-
ing in the subdivision shall be
occupied except upon the issu-
ance of a municipal occupancy
permit.
(3) It is agreed that no applica-
tion for a municipal occupancy
permit for a building or part
of a building shall be made
except upon the following con-
ditions:
(i) Sewer and water
facilities are
installed and
in operation to
adequately serve
such building or
part thereof;
(ii) Electric service
is completed and
in operation;
and
(iii) Curbs have been
constructed and
an asphalt base
laid on the road
immediately in
front of the
building or part
thereof and both
extended to an
existing main-
tained public
road.
(4) The owner agrees with the Town
that should any building or
part thereof in the subdivision
be occupied without the prior
issuance of a municipal occu-
pancy permit, then in that
event, the Owner shall be in
contravention of subsection (2)
of this section and the Owner
- 16 -
PART 3 - CONSTRUCTION & OCCUPANCY
OF BUILDINGS (Cont'd)
21. CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
shall pay to the Town, the
sum of $1,500 for each
building or part thereof
so occupied as liquidated
damages therefor. The
issuance by the Town of
municipal occupancy permits
for each and every building
on any lot or block in the
subdivision shall be deemed
to be a release from the
provisions of this subsec-
tion with respect to that
lot or block.
(5) The owner further covenants
and agrees to maintain vehi-
cular access to all occupied
buildings on the subdivision,
until the road is formally
assumed by the Town, and fur-
ther agrees to obtain similar
covenants from any subsequent
Owner of any of the lands in
the said subdivision.
22. TIME LIMIT FOR CONSTRUCTION
The Owner agrees to construct or cause to
be constructed six (6) housing units, all
of which shall be completed within two (2)
years of the date of registration of the
Plan.
23. DESIGN PLANNING
(a) The Owner agrees that prior to
the issuance of the building permit
for any residential unit to be
erected on any lot in the subdivision,
it shall submit architectural and
siting plans for that unit to the
Town for approval. In determining
whether or not such approval is to be
granted, the Town may take into ac-
count the compatability of the sub-
mitted plans with any other such
plans submitted for another lot or
lots in the subdivision. The owner
agrees to engage the services of an
architectural firm to prepare such
plans and that firm is to be the
coordinator throughout the design
approval process for that lot.
- 17 -
23.
PART 3 - CONSTRUCTION 6 OCCUPANCY
OF BUILDINGS (Cont'd)
SITE PLANNING (Cont'd)
(b) The siting
quired, at
to provide
nation:
plans may be re-
the Town's option,
the following infor-
(a) street scape for
front and rear
elevation at a
scale acceptable
to the Director
of Planning;
(b) street scape to
show all street
furniture and
vegetation;
(c) the relationship
of buildings by
blocks; and
(d) any other data or
information re-
quired by the
Town.
24. LANDSCAPE PLANNING
The Owner agrees that prior to the issu-
ance 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. The Owner fur-
ther agrees that upon approval by the
Town of a landscaping plan, the land-
scaping 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".
- 18 -
PART 4 - FINANCIAL MATTERS
25. FINANCIAL PAYMENTS
The Owner agrees to pay to the Town, the
sum of $1,500 for each dwelling unit for
which a building permit is received. No
building permit shall be issued for any
dwelling unit unless payment of the
$1,500 per unit levy shall have been
made in advance of the issuance of such
permit with respect to such dwelling
unit. Payments of such levies shall be
made to the Town from time to time as
building permits are required. In any
event, the Owner shall pay all levies
due under the provisions of this para-
graph in full, no later than eighteen
(18) months from the date of registra-
tion of the Plan. 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.
26. 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 $9,000 as security
for:
(a) the payments referred to
in section 25 hereof, and
(b) the payment of liquidated
damages referred to in
subsection (4) of section
21 hereof.
27. 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 Subdi-
vision, as required by law
from time to time.
- 19 -
PART 4 - FINANCIAL MATTERS (Cont'd)
27. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd)
(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 on 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 inclu-
ding transfers, in the Land
Titles office.
(e) Lien or other Claims
Upon applying for final
acceptance of the subdivi-
sion, to supply the Town
with a Statutory Declara-
tion that all accounts for
work and materials have
been paid, except normal
guarantee holdbacks, and
there are no claims for
liens or otherwise in con-
nection 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 any claims,
actions or demands for
mechanics' liens or other-
wise and all costs in con-
nection therewith.
- 20 -
PART 4 - FINANCIAL MATTERS (Cont'd)
28. EXPIRY OF SECURITIES
The Owner further agrees that should any
letter of credit or bond required to be
given under the terms of this Agreement
expire during the currency of the Agree-
ment, the owner shall provide to the
Town at least thirty (30) days in advance
of the expiry date of that letter of
credit or bond, a further letter of cred-
it or bond, as the case may be, to take
effect upon the expiry. Such further
letter of credit or bond shall be to the
satisfaction of the Town. Should no
such further letter of credit or bond
be provided as required, then the Town
shall have the right to convert the
expiring letter of credit or bond into
cash and hold the cash in lieu of and
for the same purposes as any further
letter of credit or bond.
29. TERMINATION OF LEVY/OCCUPANCY SECURITY
(1) The letter of credit required
to be deposited with the Town
pursuant to the provisions of
section 26, above, may only
be terminated or cancelled by
the owner after the Municipal
Occupancy Permit for the last
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 Manager for a reduc-
tion in the amount of the
letter of credit referred to
in subsection 1, as municipal
Occupancy Permits are issued.
- 21 -
PART 5 - PARKS & TREES
30.
31.
DEDICATION OF PARKLAND - CASH IN LIEU THEREOF
The Owner shall pay to the Town, prior to
the registration of the Final Plan herein,
the sum of $3,675 by cash or certified
cheque in lieu of the dedication of park-
land and the Town hereby agrees
such sum in full satisfaction o
Owner's obligation to dedicate
as a condition of the approval
Plan.
FENCING
to accept
f the
parkland
of this
The owner shall erect, upon the completion
of final lot grading and seeding or sod-
ding the lands in the subdivision, a perm-
anent fence of nine (9) gauge, galvanized,
steel link fencing, 1.5 metres high, hav-
ing minimum 0.05 metre mesh, along the
eiitire Luuiiaaly uZ 111C bLLldJivi`iui,, CxuepL
(a) those portions of the bound-
ary that cross a dedicated
public road,
(b) the northerly boundary of
Lots 5, 6 and 7, and
(c) the westerly boundary of
Lots I and 7.
32. DRAINAGE ONTO OPEN SPACE/PARKLAND
The owner shall ensure that the lands within
the subdivision do not drain surface run-off
water onto Town-owned parkland, open space
or walkways. 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 Renre-
ation, all surface run-off water, draining
onto the parkland, open space or walkways
from the lands within the subdivision.
- 22 -
PART 5 - PARKS & TREES (Cont'd)
33. TREE PLANTING
(a) The Owner shall plant on the
lands, trees of a size, num-
ber and type acceptable to
the Town. A schedule of the
Owner's tree planting scheme
shall be approved by the Dir-
ector of Parks and Recreation
prior to the planting of any
trees. A list of acceptable
tree species and sizes will
be provided.
(b) 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.
(c) (i) The Owner shall
provide at least
one (1) tree per
residential unit
in the subdivi-
sion.
(ii) Where the density
is too great to
enable this quota
to be met, the
Owner shall pro-
vide $35 per unit
for tree planting
in a public land
area within the
community in which
the Plan is loca-
ted.
34. TREE PRESERVATION
The Owner agrees to retain, at its own ex-
pense, a qualified expert in order to
determine which of the existing trees
shall be preserved. The aforementioned
qualified expert shall prepare a Tree Pres-
ervation Program, which Program shall be
submitted to the Director of Parks and
Recreation and shall not be put into effect
until it has received the approval of the
Director of Parks and Recreation. In
determining whether or not to approve the
Tree Preservation Program, the Director
shall be governed by the Town Tree Preser-
vation guidelines in effect as at the date
hereof.
- 23 -
PART 6 - GENERAL REQUIREMENTS
35. The Owner agrees with the Town:
(a) Licence to Enter
To retain a licence from any
subsequent purchaser of the
aforesaid lands to enter upon
such lands in order to comply
with the provisions of this
Agreement.
(b) Cancellation of Agreement
In the event the Plan of Sub-
division is not registered on
or before September 27th,
1980, the Town may, at its
option on one month's notice
to the Owner, declare this
Agreement to be null and
void.
(c) 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.
36. Wherever in this Agreement the word "Owner"
and the pronoun "it" is used, it shall be
read and construed as "Owner or Owners" and
"his", "her" or "their", respectively, and
the number of the verb agreeing therewith
shall be construed accordingly.
37. The provisions in Schedules "A" and "B"
attached hereto shall form part of this
Agreement.
38. Time shall be of the essence of this Agree-
ment.
- 24 -
PART 6 - CENERAL REQLIRLMLNTS (cont'd)
39. This Agreement and everything herein con-
tained shall enure to the benefit of and
be binding upon the Parties hereto, their
respective heirs, administrators, succes-
sors and assigns.
IN WITNESS WHEREOF, the Parties hereto have
hereunto affixed their Corporate Seals attested to
by the hands of their proper officers in that behalf
fully authorized.
SIGNED, SEALED AND DELIVERED
WILLOWRIDGE CONSTRUCTION LIMITLD
Per:
Per:
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
SCHEDULE "A"
TIME LIMIT FOR WORK & GUARANTEE FOR
WORKMANSHIP & MATERIALS
Save as herein otherwise provided, the owner
agrees to complete the works required under
this Agreement within the time limits spec-
ified 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. Any work
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 one year from the date of
Services the registration of the
Final Plan of Subdivision
(b) Aboveground Two years from the date of
Services the registration of the
final Plan of Subdivision
SCHEDULE "B"
1. INDUSTRIAL/COMMERCIAL COMPONENT
(1) The Owner shall construct within the
Town of Pickering, industrial or com-
mercial buildings having a total floor
area of not less than 558 square metres,
and based on the Town's 40 (industrial)
- 60 (residential) ratio, shall be en-
titled thereby to 6 credits upon which
the same number of residential build-
ing unit permits may be issued.
(2) The required industrial or commercial
buildings shall be completed on or
before the 31st day of December, 1982.
(3) If, on the 1st day of January, 1983,
the required industrial or commercial
buildings have not been constructed,
then,
(a) the Owner shall pay to the Town
the sum of $9,000 in lieu of
constructing the required indus-
trial or commercial buildings;
or
(b) commencing in 1983, 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
93 square metres or part
thereof of the required indus-
trial or commercial buildings
not constructed on each January
1st.
(4) The owner shall leave deposited with
the Town, its performance guarantee
in the amount of $9,000 to guarantee
the satisfactory completion of the
required industrial or commercial
buildings on or before the 31st day
of December, 1982, and to secure the
payment under subsection 3(a) or the
payment of any liquidated damages
that may become payable under subsec-
tion 3(b).
2. METROPOLITAN TORONTO & REGION CONSERVATION
AUTHORITY ("M.T.R.C.A.")
(1) Prior to the initiation of any grad-
ing or construction on the site, the
Owner shall erect a snow fence or
other suitable barrier along the
boundary of the subdivision adjacent
to Lots 1, 2, 3, 4 and 5, which fence
or barrier shall be maintained at the
Owner's expense, in place until all
grading and construction is completed.
SCHEDULE "B" (Cont'd)
2.
3.
METROPOLITAN TORONTO & REGION CONSERVATION
AUTHORITY ("M.T.R.C.A.") (Cont'd)
(2) Any site plan required by section 23
and any grading control plan required
by section 13 shall be subject to the
approval of M.T.R.C.A., insofar as
any such plan relates to Lots 1-7,
inclusive.
(3) The owner shall not require a building
permit to be issued for any of the lots
referred to in subsection (2) until
M.T.R.C.A. approval is granted to the
plans referred to in subsection (2).
MINISTRY OF NATURAL RESOURCES ("M.N.R.")
(1) Prior to the registration of this Plan,
the owner shall,
(a) prepare a detailed engineering
report, acceptable to M.T.R.C.A.
and the Maple District Office of
M.N.R., describing,
(i) the storm water management
techniques limiting the
amount of warm, silt laden
or chemically altered
storm water entering the
abutting watercourse, in-
tended to be employed to
minimize the storm water
directed into the abutting
watercourse, and
(ii) the development and con-
struction techniques and
safeguards intended to be
used to control and mini-
mize the effects of erosion
and siltation on the lands
in the Plan prior to, dur-
ing and after the construc-
tion period,
and
(b) carry out, or cause to be carried
out, any works recommended in the
report referred to in clause (a)
and approved by M.T.R.C.A., M.N.R.
and the Town.
(2) The Town shall not be liable for any costs
whatsoever of the preparation or evaluation
of the report referred to in subsection 1,
nor of the carrying out of works resulting
therefrom, and the Owner hereby agrees to
indemnify the Town in this respect.
SCHEDULE "B" (Cont'd)
4. PERFORMANCE & MAINTENANCE GUARANTEE
For the purposes of sections 12 and 14 of
this Agreement, and without otherwise
limiting the generality thereof, the term
"work provided for herein" shall be deemed
to exclude works required to be carried
out pursuant to sections 2 or 3 of this
Schedule unless such works are also re-
quired under a section in the Agreement
other than sections 2 and 3 of this
Schedule.
5. ADJACENT ZONING DESIGNATIONS
(1) The Owner agrees to include a provision in
each agreement of purchase and sale
between it and a proposed purchaser of
any residential unit constructed or to
be constructed after the date of this
Agreement clearly informing the proposed
purchaser of the existing zoning de-
signations, under By-law 2511, as amended,
or any successor thereto, of all those
lands being within 180 metres (approx-
imately 600 feet) of the northerly, easterly
and southerly boundaries of the plan of
subdivision.
(2) The owner shall provide to the Town a
copy of each agreement referred to in
subsection (1), above, within 10 days of
the entering into of same.
(3) This section shall not apply to any agree-
ment of purchase and sale entered into
prior to the date of this Agreement.
rroHH
Fl. -3 0
Co FE
X' C) 0
HM
0 n 7.0
v F+• N• 1-h
LQ LQ
L
ro
N N•
rt 0
00 Y.
0 Z
rt F1
a o F+-
rso?:s
r•0 Lo
o P
n
M
X
z
H
H
M
t?]
n
O
z
ro
00
ro?
ro H
H H
0 O
xz
t1]
w O
H ti
z
n H
x
tsi
H
O
IN
'J
a.
w
H
r
r
0
H
H ?
H ?
H0
t'i o
t7
N
H
r,
cl
0
H
H
O
X
0
H
N
U
G
a
0
fh
r
co
0
THE CORPOPI,TI:ON OF THE ''T'OWN OF PICYERING
BY-LAW NO. 1105 /80
Being a By-Law to authorize the execution
of a Subdivision Agreement between Willowridge
Construction Limited and the Corporation of
the Town of Pickering respecting the develop-
ment of part of Lot 20, Range 3, Broken Front
Concession (draft- Plan 1&T-76065 South Portion).
WHEREAS Willol,;ridge Construction Limited have
proposed a Plan of Subdivision for certain lands within
the Town of Pickering;
AND WHEREAS the Council of the Corporation of the
Town of Pickering and the Minister of Ilousi.ng have approved
of the said proposal, subject to certain conditions, one
of which requires the proposers to enter into a Subdivision
Agreement with the Corporation pursuant to the provisions
of subsection 6 of section 33 of The Planning Act, R.S.O.
1970, c. 349, as amended;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF
THE TOWN OF PICRF.RING IIERE13Y ENACTS, as follows:
1. The Mayor and Clerk are hereby authorized to
execute a Subdivision Agreement in the form
attached hereto as Schedule "A", between
Willowridge Construction Limited and the
(`nrnnra f-i rim of i_hn nec.., n? n; C11crin .,-_ __.
the oubrlivision of Part of Lot 20, Range 3, Broken
Front Concession (Draft Plan of Subdivision
Number 18T-78085, South Portion).
BY-LAW read a first, second and third time and finally passed
this 17th
day of March
, 1980.
Mayor
f ,
er
ij
i?