HomeMy WebLinkAboutBy-law 1018/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1018/79
Being a By-Law to authorize the execution
of a Subdivision Agreement between the
Corporation of the Town of Pickering and
Nolmar Properties Ltd. respecting Part
Lot 28, Concession 1, Pickering
(Draft Plan 18T-77059).
WHEREAS, Nolmar Properties Ltd. proposes to subdivide
and register a Plan of Subdivision of Part Lot 28, Conces-
sion 1, Pickering; and
WHEREAS, that proposal has been approved by the
Council of the Corporation of the Town of Pickering and
the Ministry of Housing, subject to several conditions,
one of which requires the entering into of a satisfactory
Subdivision Agreement between Nolmar Properties Ltd. and
the Corporation of the Town of Pickering;
NOW THEREFORE, the Council 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 the
Corporation of the Town of Pickering and Nol-
mar Properties Ltd. respecting the subdivision
of Part Lot 28, Concession 1, Pickering
(Draft Plan 18T-77059).
BY-LAW read a first, second and third time and finally passed
this Third day of July , 1979.
% ,CE G-ao U?
yor
Clerk
TO'R'N Y
r';
SCHEDULE "A" TO BY-LAW 1018/79
THIS AGREEMENT made this day of , 1979.
BETWEEN:
NOLMAR PROPERTIES LTD.
hereinafter 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 and register
a plan of subdivision of Part of Lot 28, Concession 1, Pick-
ering, as shown on a draft plan of subdivision prepared by
I. M. Pastushak, Ontario Land Surveyor, dated May 30th, 1977,
as revised, and given draft approval by the minister of Hous-
ing on February 21st, 1978 as Draft Plan Number 18T-77059;
NOW THEREFORE, this Agreement witnesseth that in con-
sideration of the Town approving the said proposed plan of
subdivision, and the covenants hereinafter expressed, the
parties hereto covenant and agree one with the other as
follows:
- 2 -
PART I - PROPERTY DESCRIPTION
1. LAND AFFECTED
The lands affected by this Agreement are:
FIRSTLY, all and singular that certain parcel
or tract of land lying and being in the Town
of Pickering, in the Regional Municipality of
Durham being part of Lot 28, Concession 1, of
the original Township of Pickering, County of
Ontario designated as Part 1 on a Plan of
Survey of Record in the Land Titles Office
(No. 40) for the Land Titles Division of
Durham, at Whitby, as Plan 40R-4049;
SECONDLY, all and singular that certain parcel
or tract of land lying and being in the Town
of Pickering, in the Regional Municipality of
Durham, and being part of Block C-1 on Plan
M-1059 (Pickering), registered in the Land
Titles Division of Durham (No. 40) at Whitby,
now designated as Part 2 on Plan 40R-3157;
SUBJECT TO A RIGHT in the nature of an Ease-
ment in favour of Bramalea Limited, its ser-
vants and agents, its successors and assigns,
and in favour of the Corporation of the Town-
ship of Pickering, its servants and agents,
successors and assigns as set out in Transfer
LTD 31128.
- 3 -
PART II - SERVICES
2. OWNER'S GENERAL UNDERTAKING
The Owner agrees to complete at his own expense
and in a good workmanlike manner, for the Town,
all the municipal services as hereinafter set
forth to the satisfaction of the Director of
Public Works for the Town of Pickering, and to
complete, perform or make payment for such
other matters as may be provided for herein.
3. CONSULTING ENGINEERS
The Owner agrees to retain a Professional Engin-
eer as the Consulting Engineer of the Owner to
carry out all the necessary engineering and gen-
erally 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.
STORM SEWERS
The Owner agrees to construct a complete storm
system including storm connections to the street
line and catch basin leads to service all the
lands on the said plan of subdivision and adja-
cent road allowances and to provide capacity
for lands upstream of the subdivision, according
to designs approved by the Director of Public
Works and according to the specifications of the
Town in effect at the date hereof and to main-
tain them, including clearing any blockages or
debris from whatever cause, until they are for-
mally accepted by the Town. Such sewers shall
be constructed to an outlet or outlets according
to designs approved by the Director of Public
Works and shall be of sufficient size and depth
and at locations either within or outside the
subdivision to service the subdivision and the
aforementioned lands outside the subdivision
which, in the opinion of the Director of Public
Works, will require their use as trunk outlets.
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 out-
lets.
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.
- 4 -
PART II - SERVICES (Cont'd)
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 mat-
erials 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 said plan of subdivision according to
the specifications for paved roads of the
Town in effect at the date hereof. 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 subdivi-
sion and keep them clear of dust, refuse, rub-
bish, 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 gut-
ters on the road shown on the plan of subdi-
vision, 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 a curb depression
in the correct location and fill in the orig-
inal curb depression according to the said
specifications.
8. SIDEWALKS
The Owner agrees to construct a sidewalk on
the north side of the road shown on the plan
of subdivision, and such sidewalks as are con-
sidered necessary on all roads adjacent to the
plan of subdivision, according to the specifi-
cations of the Town in effect at the date
hereof and to maintain them until they are
formally accepted by the Town.
J
PART II - SERVICES (Cont'd)
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 approp-
riate 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 instal-
lation of street lighting, including poles
and other necessary appurtenances for the
lighting of all streets including boundary
roads and pedestrian walkways on the plan.
The lighting shall be designed and installed
in accordance with standards established by
the Town and in conformity with the Associa-
tion of Municipal Electrical Utilities Guide
to Municipal Standard Construction. The
installation of all works provided for in
this clause shall be constructed under the
supervision and inspection of the aforesaid
authority.
10. INSPECTION OF WORK
All works required to be constructed by the
Owner shall be installed under the observa-
tion of Inspectors employed by the Town and
the Owner agrees to pay the costs incurred
(Salaries and Expense) therefor within ten
days of invoices being rendered.
11. LIABILITY INSURANCE
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 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 Policy, may pay
the renewal premium or premiums and the
Owner agrees to pay the cost of such renewal
or renewals within ten (10) days of the
account therefor being rendered by the Town.
It shall be the responsibility of the Owner
to notify the Town of the dates for the
renewal of the premium of the 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 Insur-
ance Policy shall not lapse.
- 6 -
PART II - SERVICES (Cont'd)
12. PERFORMANCE & MAINTENANCE GUARANTEE
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 $ 38,000, 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 acknowledged, in writing, by the
Director of Public Works. Such performance
and maintenance 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 reduction is
being sought have been satisfactorily com-
pleted, the Town Manager may reduce the
amount of the security, provided such reduc-
tion shall not be to any amount less than
ten per cent (10%) of the original value,
which ten per cent portion shall apply as
the security for maintenance until the obli-
gation to maintain has expired, when the
balance of the security shall be returned
to the Owner subject to any deductions for
maintenance purposes.
13. DRAINAGE - SODDING
The Owner agrees to provide the Town, before
commencing any of the work provided for here-
in, prior to the commencement of the develop-
ment of the subdivision, with a Grading Con-
trol 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 said subdivision.
The said Grading Control Plan is to be pre-
pared in accordance with the Town's Lot Drain-
age Specifications in effect at the date of
this Agreement. The grading of the lands
shall be carried out in accordance with such
Grading Control Plan under the supervision of
the Owner's Consulting Engineer. If, in the
opinion of the Director of Public Works, drain-
age 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 cor-
rect such problems. The Owner agrees to sod
the front, side and rear yards of each of the
lots or blocks except for paved or planted
areas, upon the completion of the construction
of buildings thereon.
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PART II - SERVICES (Cont-d)
14. INCOMPLETED OR FAULTY WORK
If, in the opinion of the Director of Public
Works, the Owner is not prosecuting or caus-
ing 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 viola-
ted or carelessly executed, or in bad faith,
or shall the Owner neglect or refuse to renew
or again perform such work as may be rejected
by the Director of Public Works as defective
or unsuitable, or shall the owner in any
other manner, in the opinion of the Director
of Public Works, make default in performance
of the terms of this Agreement, then in any
such case the said Director of Public Works
shall promptly notify the Owner and his sur-
ety in writing of such default or neglect and
if such notification be without effect within
ten (10) clear days after such notice, then
in that case the Director of Public Works
shall thereupon have full authority and power
immediately to purchase such materials, tools
and machinery and to employ such workmen as
in his opinion shall be required for the pro-
per completion of the said work at the cost
and expense of the owner or his surety, or
both. In cases of emergency, in the opinion
of the Director of Public Works, such work
may be done without prior notice but the
owner shall be forthwith notified. The cost
of such work shall be calculated by the Dir-
ector 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 (20%) of the labour and
material value, and further, a fee of thirty
per cent (30%) 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 declared and agreed
that the assuming by the Owner of the obliga-
tions 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 fol-
lowing the registration of the final plan,
the lands indicated in Column I of the fol-
lowing Table to the respective authority
named in Column II of the Table:
- 8 -
PART II - SERVICES (Cont'd)
15.
16.
17.
DEDICATIONS (Cont'd)
Column I Column II
Block A The Regional Municipality of
Durham
Block C The Regional Municipality of
Durham
Block D The Regional Municipality of
Durham
Block E The Corporation of the Town
of Pickering
TRANSFERS - CONVEYANCES
The Owner shall convey free and clear of all
encumbrances, at no cost to the Grantee,
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 B The Regional Municipality of
Durham
TRANSFERS - EASEMENTS
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 des-
ignate shall deem necessary for the provi-
sion of storm sewer services both within the
boundaries of the development and across
its boundaries. Such easements shall be sub-
ject to the approval of the Director of Pub-
lic Works or his designate as to their loca-
tion and width. The construction of any ser-
vices 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. SERVICE CAPAC
This Agreement shall be subject to the Owner
entering into satisfactory arrangements with
the Town and the Regional Municipality of
Durham with respect to the allocation of
sewage treatment plant capacity and water
capacity for the development.
- 9 -
PART II - SERVICES (Cont'd)
19. GENERAL PROVISIONS - SERVICES
(a) Paving of Driveway Approaches
To pave all driveway approaches
between the curb and sidewalk.
(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
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 without
the written consent of the Author-
ity responsible for such lands.
The Owner shall, on request, supply
the Town with an acknowledgement
from such Authority of the owner's
compliance with the terms of this
clause. The Owner further 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 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 ten (10)
days of the account being rendered
by the Town.
(e) Relocation of Services
To pay the cost of relocating any
existing services and utilities
caused by the subdivision work
within ten (10) days of the account
for same being rendered by the Town.
The Owner further agrees to pay the
cost of moving any services or util-
ities 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 II - SERVICES (Cont'd)
19
GENERAL PROVISIONS - SERVICES (Cont'd)
(f) Fencing
To erect a permanent fence, to the
Town's specifications, along the
northerly boundaries of Lots 2-8,
inclusive, and along the westerly
boundaries of Lots 1 and 2.
(g) Specifications
Unless otherwise provided, to per-
form any work required to be done
under this Agreement to the speci-
fications of the Town in effect at
the date hereof.
(h) Temporary Signs
To provide and erect at its own
cost, temporary street signs at
locations designated by the Direc-
tor of Public Works to the specifi-
cations of the Town.
(i) Permanent Signs
To provide and erect at its own
cost, permanent signs at locations
designated by the Director of Pub-
lic Works to the specifications of
the Town.
(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
subdivision, with amendments, if
any, noted thereon.
(k) Snow Plowing & Sanding of Roads
If, in the opinion of the Director
of Public Works, the condition of
the road surface is not acceptable
for winter control, to snow plow
and sand such roads from such
occupied buildings to existing
Town roads or to subdivision
roads that receive the Town's
winter control service, including
alternate means of access where
available. 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 Pub-
lic Works for winter control.
- 11 -
PART II - SERVICES (Cont'd)
19. GENERAL PROVISIONS - SERVICES (Cont'd)
(1) Survey Monuments & Markers
Prior to the acceptance of the sub-
division by the Town, to supply a
statement by an Ontario Land Sur-
veyor 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 cor-
ners, the ends of all curves, other
than corner roundings and all points
of change in direction of streets on
the registered plan.
(m) Pre-Servicing Payment
To pay to the Town on or before the
registration of the plan, the sum
of $4,800 being the cost to the
Town of the construction of storm
sewer laterals to service the pro-
posed units in this plan of subdi-
vision,
- 12 -
PART III - CONSTRUCTION, DEMOLITION &
OCCUPANCY OF BUILDINGS
20. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(a) The Owner agrees that no building per-
mit shall be issued for any building
or part of a building in the subdivi-
sion until sewer and water facilities
are available, and in the opinion of
the Director of Public Works, capable
of providing adequate service.
(b) The Owner further agrees that no
building or part of a building in the
subdivision shall be occupied except
on the following conditions:
(i) Sewer and water facilities
are installed and in oper-
ation to adequately serve
such building or part
thereof;
(ii) A municipal occupancy per-
mit has been issued;
(iii) Electric service is com-
pleted and in operation;
and
(iv) Curbs have been construc-
ted and an asphalt base
laid on the road immedi-
ately in front of the
building or part thereof
and both extended to an
existing maintained pub-
lic road.
(c) The owner agrees with the Town that
should any building or part thereof
in the subdivision be occupied in
contravention of any or all of the
provisions contained in subsection
(b), above, 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 for such contravention.
The issuance by the Town of munici-
pal 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 subsection with respect to
that lot or block.
(d) The Owner further covenants and
agrees to maintain vehicular access
to all occupied buildings on the
subdivision until the roads are for-
mally assumed by the Town, and fur-
ther agrees to obtain similar coven-
ants from any subsequent Owner of
any of the lands in the said subdi-
vision.
- 13 -
PART III - CONSTRUCTION, DEMOLITION &
OCCUPANCY OF BUILDINGS (Cont'd)
21. DEMOLITION OF BUILDINGS
Notwithstanding the provisions of section
20, no building permit shall be issued
for any building or part thereof in the
subdivision unless the existing buildings
located on Lots 1 and 2 are first demol-
ished and the provisions of that section
are complied with.
22. TIME LIMIT FOR CONSTRUCTION
The Owner agrees to construct or cause
to be constructed sixteen (16) housing
units, all of which shall be completed
within two (2) years of the date of
registration of the plan.
23. SITE PLANNING
(a) The owner agrees that prior to
the issuance of building per-
mits for any of the residential
units to be erected on the
lands, it shall submit architec-
tural and siting plans for all
of the residential units to the
Town for approval. The Owner
agrees to engage the services
of only one architectural firm
at one time to coordinate the
design for all residential
units and that firm is to be
the coordinator throughout the
design approval process.
(b) The siting plans may be required,
at the Town's option, to provide
the following information:
(a) street scape for front
and rear elevation at
a scale acceptable to
the Director of Plan-
ning;
(b) street scape to show
all street furniture
and vegetation;
(c) the relationship of
buildings by blocks;
and
(d) any other data or
information required
by the Town.
- 14 -
PART III - CONSTRUCTION, DEMOLITION &
OCCUPANCY OF BUILDINGS (Cont'd)
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 further
agrees that upon approval by the Town of
a landscaping plan, the landscaping works
shown on the plan shall be constructed,
installed or planted, as the case may be,
in conformance with the landscaping plan
according to the time limits set out in
Schedule "A".
- 15 -
PART IV - FINANCIAL MATTERS
25
26.
27.
FINANCIAL PAYMENTS
The Owner agrees to pay to the Town, the
sum of $1,500 for each of the first fif-
teen (15) dwelling units for which a
building permit is received. No building
permit shall be issued for any of the
first fifteen (15) dwelling units 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 dwell-
ing 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 paragraph,
in full, no later than eighteen (18)
months from the date of registration 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.
LETTER OF CREDIT
The Owner shall, immediately prior to
the registration of the plan, deposit
with the Town, an irrevocable letter
of credit payable to the Town, in a
form satisfactory to the Town, for the
sum of $24,000 as security for:
(a) the payments referred to in
section 25 hereof, and
(b) the payment of liquidated
damages referred to in sub-
section (c) of section 20
hereof.
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 plan
of subdivision, as required by
law from time to time.
(b) Local Improvements
Prior to the release of the plan
for registration, to prepay any
outstanding local improvement
charges which are levied against
any of the lands on the plan of
subdivision.
- 16 -
PART IV - FINANCIAL MATTERS (Cont'd)
27. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd)
(c) Interest
To pay interest at the rate of four-
teen per cent (148) per annum to the
Town on all sums of money payable
herein which are not paid on the
due dates, such interest to be cal-
culated from such due dates.
(d) Registration Fees
To pay all registration costs incur-
red by the Town relating in any way
to the registration of the plan of
subdivision or any other related
documentation, including transfers,
in the Land Titles Office.
(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 con-
nection 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
otherwise and all costs in connec-
tion therewith.
28. EXPIRY OF SECURITIES
The Owner further agrees that should any let-
ter of credit or bond required to be given
under the terms of this Agreement expire
during the currency of the Agreement, the
Owner shall provide to the Town at least
thirty (30) days in advance of the expiry
date of that letter of credit or bond, a
further letter of credit 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 pur-
poses as any further letter of credit or
bond.
- 17 -
PART V - PARKS & TREES
29. PARK DEDICATION
The Owner agrees that, prior to the regis-
tration of the plan herein, it shall pay
to the Town, the sum of Nine Thousand,
Two Hundred Dollars ($9,200) cash in lieu
of the dedication of parkland, and the
Town hereby agrees to accept such sum for
that purpose. Such payment shall be by
cash or certified cheque.
30. TREE PLANTING
(a) The Owner shall plant on the lands
trees of a size, number and type
acceptable to the Town. A schedule
of the Owner's tree planting scheme
shall be approved by the Director
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 3 months after final
grading is done in the specific
area.
(c) (i) The Owner shall provide
at least one 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
$35 per unit for tree
planting in a public
land area in the Muni-
cipality.
31. TREE PRESERVATION
(a) The Owner further agrees that it
shall permit the Town to enter
the property prior to the commence-
ment of any construction thereon
for the purpose of identifying the
trees existing thereon, which in
the opinion of the Town, shall be
preserved by the Owner.
- is -
PART V - PARKS & TREES (Cont'd)
31. TREE PRESERVATION (Cont'd)
(b) During construction, all trees to
be preserved on the property shall
be fully protected against damage.
Protection shall be applied in the
following manner, prior to com-
mencement of any construction:
(i) The area within the drip
line of all existing
trees (groups or indivi-
dual) shall be protected
with temporary fencing
which shall have posts
equivalent to 4" x 4"
set 3 feet into the
ground and extending 5
feet above the ground
subject to the law in
this regard, set at
intervals not to exceed
8 feet. Two cross mem-
bers of 2" x 6" shall be
secured to these cross
members to completely
enclose this area;
(ii) The area within the pro-
tective fencing shall
remain undisturbed and
shall not be used for
the storage of building
material or equipment;
(iii) Tree protection shall
remain in place until
the planting phase of
the project is started,
and then it shall be
removed forthwith.
(c) If the nature of the development re-
quires a change of ground elevation
(lowering or raising of grades), cut-
ting of roots, or other action which
may, in the opinion of the Town, be
detrimental to the tree or trees to
be preserved, the Owner shall advise
the Town prior to changing such ele-
vation, cutting roots, or taking
other action, and obtain the consent
of the Town thereto. In granting its
consent, the Town may impose further
controls or conditions to its satis-
faction.
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PART V - PARKS & TREES (Cont'd)
31. TREE PRESERVATION (Cont'd)
(d) Prior to the commencement of any
construction, the Owner shall
submit to the Town for its
approval, a proposed watering and
fertilizing program to assist the
trees to be preserved to adapt to
the new conditions resulting from
the development of these lands.
The Owner further agrees that upon
approval by the Town of such a
program, the program shall be imple-
mented and continue as approved.
(e) Trees to be preserved that die or
are damaged beyond repair during
construction shall be replaced by
the owner at its own expense with
trees of a size and species
approved by the Town.
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PART VI - GENERAL REQUIREMENTS
32. The Owner agrees with the Town:
(a) Licence to Enter
To retain a licence from any sub-
sequent purchaser of the afore-
said 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 subdivi-
sion is not registered on or
before August 21st, 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 regis-
tered mail addressed to the other
party at its principal place of
business and shall be effective
as of the date of the deposit
thereof in the Post office.
33. 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 there-
with shall be construed accordingly.
34. The provisions in Schedules "A" and "B"
attached hereto shall form part of this
Agreement.
35. Time shall be of the essence of this Agree-
ment.
36. This Agreement and everything herein con-
tained shall enure to the benefit of and
be binding upon the Parties hereto, their
successors and assigns.
- 21 -
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 and DELIVERED
NOLMAR PROPERTIES LTD.
Per:
Per:
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
SCHEDULE "A"
1. 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 speci-
fied in the Table set out below and to guar-
antee 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 above-
ground services.
Table
Works Time Limit for Completion
(a) Underground - One year from the date
Services of the registration of
the final plan of
subdivision
(b) Aboveground - Two years from the date
Services of the registration of
the final plan of
subdivision
2. PHASING OF DEVELOPMENT
The Owner agrees that should it wish to
develop the lands contained in this plan
of subdivision in phases, the Owner shall
first obtain the written approval of the
Town and the Regional Municipality of
Durham to the phasing program.
SCHEDULE "B"
1. INDUSTRIAL COMPONENT
(1) (a) The Owner shall construct within
the Town of Pickering, industrial
buildings having a total floor
area of not less than 15,000
square feet, and based on the
Town's 40 (industrial) - 60 (res-
idential) ratio, shall be enti-
tled thereby to credits upon
which the same number of residen-
tial building permits may be
issued.
(b) The required industrial buildings
shall be completed on or before
the 31st day of December, 1981.
(c) If, on the 1st day of January,
1982, the required industrial
buildings have not been construc-
ted, then commencing in 1982,
the owner shall pay annually to
the Town on the 15th day of
January in each year the sum of
$10,000 as liquidated damages
until the required industrial
buildings have been constructed.
(d) The owner shall leave deposited
with the Town upon the registra-
tion of this plan, the Owner's
performance security in the
amount of $50,000 to guarantee
the satisfactory completion on
or before the 31st day of
December, 1981, of the required
industrial buildings, and to
secure the payment of any liqui-
dated damages that may become
payable under (c), above.
(2) The completion of the demolition of the
existing buildings located on Lots 1
and 2 shall entitle the Owner to one
further credit upon which one further
residential building permit may be
issued.
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