HomeMy WebLinkAboutBy-law 940/97THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 940/79
Being a by-law to authorize the execution
of a Subdivision Agreement between Jack
Jacobsen Construction Limited and the
Corporation of the Town of Pickering with
respect to Part Lot 1, Bostwick's Plan,
Pickering (Draft Plan 18T-77051)
WHEREAS Jack Jacobsen Construction Limited proposes to
subdivide certain lands within Lot 1, Bostwick's Plan, Pick-
ering, which proposal has received the approval of the Council
of the Corporation of the Town of Pickering and the Ministry
of Housing, subject to certain conditions, including the
entering into of a Subdivision Agreement;
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 Jack Jacobsen Construction
Limited and the Corporation of the Town of Pickering
with respect to the subdivision of certain lands
within Lot 1, Bostwick's Plan, Pickering (Draft Plan
18T-77051).
BY-LAW read a first, second and third time and finally passed
this 22nd day of January , 1979.
yor (Afti g)
er
iIl','J?': i?
THIS AGREEMENT made this day of , 197°_.
B E T W E E N:
JACK JACOBSEN CONSTRUCTION LIMITED
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
LEONARDO CALVELLI
and
FRANK CALVELLI
and
MARIA HANAK
and
WILLIAM JOHN HARMON
and
THE BANK OF MONTREAL
hereinafter called the "Encumbrancers"
OF THE THIRD PART.
WHEREAS the Owner proposes to subdivide and register a plan
of subdivision of Part of Lot 1, Bostwick's Plan, Pickering, as
shown on a draft plan of subdivision prepared by C. F. Fleisch-
mann, Ontario Land Surveyor, dated May 12th, 1977, revised April
27th, 1978 and given draft approval by the Minister of Housing
on August 9th, 1978, as Draft Plan Number 18T-77051, revised;
AND WHEREAS the Encumbrancers have certain rights or inter-
ests in the nature of encumbrances relating to the lands affected
hereby;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in considera-
tion of the Town approving the said proposed plan of subdivision,
and the covenants hereinafter expressed, the parties hereto cov-
enant and agree one with the other as follows:
PART I - PROPERTY DESCRIPTION
1. LAND AFFECTED
The lands affected by this Agreement are:
All and singular that certain parcel or tract of
land and premises situate, lying and being in the
Town of Pickering, in the Regional Municipality of
Durham and Province of Ontario, and being composed
of,
Part of Lot 1, according to a plan known as G. & A.
Bostwick's Subdivision Plan, registered in the
Registry Office for the Registry Division of Durham
as Instrument No. 26951.
-2-
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 Engineer
as the Consulting Engineer of the Owner to carry
out all the necessary engineering and generally
supervise the work required to be done for the
development of the subdivision. Such Consulting
Engineer or a 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
The Owner agrees to construct a complete storm sewer
system including 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 up-
stream of the subdivision, according to designs
approved by the Director of Public Works and accord-
ing to the specifications of the Town in effect at
the date hereof and to maintain them, including
clearing any blockages or debris from whatever cause
until they are formally accepted by the Town. 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 inade-
quate 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.
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. 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, qas or other utilities.
- 3 -
PART II - SERVICES (Cont'd)
6. ROADS - PAVED
The Owner agrees to construct all the roads as shown
on the said plan of subdivision according to the
specifications for paved roads of the Town in effect
at the date hereof including such boundary or approach
roads as may be necessary to provide an adequate
access. The specifications for boulevard grading,
sidewalks and sodding shall apply 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 is used by traffic entering the sub-
division 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 per-
sons using such roads that they have not been assumed
by the Town from the time that they are opened until
formal assumption by the Town.
7. CHANGE OF ROAD GRADE
When, in the written opinion of the Director of Pub-
lic Works, it is necessary to change the grade of
existing Town roads adjacent to or abutting the
said plan of subdivision, the owner agrees to grade
the roads to subgrade and provide sufficient gran-
ular base for a standard two-lane roadway in the
manner and at the time stipulated by the Director
of Public Works and in accordance with the specifica-
tions of the Town.
8. CURBS AND GUTTERS
The Owner agrees to construct curbs and gutters on
all the roads shown on the said plan of subdivision,
according to the specifications of the Town in
effect at the date hereof and to maintain them until
they are formally accepted by the Town. If any curb
depressions are not located correctly with respect
to a driveway, the Owner shall construct a curb
depression in the correct location and fill in the
original curb depression according to the said
specifications.
9. SIDEWALKS
The Owner agrees to construct sidewalks on both
sides of all roads as shown on the said plan of
subdivision including such sidewalks as are con-
sidered necessary on all roads adjacent to the said
plan of subdivision according to the specifications
of the Town in effect at the date hereof and to
maintain them until they are formally accepted by
the Town.
10. UNDERGROUND ELECTRIC DISTRIBUTION & STREET LIGHTING
Underground electric distribution services shall be
provided for all lots and blocks within the subdi-
vision according to the standards and specifications
of the appropriate authority. The Owner shall make
such financial arrangements as may be required to
- 4 -
PART II - SERVICES (Cont'd)
10. UNDERGROUND FLECTRIC DISTRIBUTION & STREET LIGHTING (Cont'd)
ensure the construction of those services. The
owner agrees to pay all costs of installation of
street lighting, including poles and other nec-
essary 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 stand-
ards established by the Town and in conformity
with the Association of Municipal Electrical Util-
ities 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.
11. INSPECTION OF WORK
All works required to be constructed by the Owner
shall be installed under the observation of Inspec-
tors employed by the Town and the owner agrees to
pay the costs incurred (Salaries and Expense) there-
for within ten days of their being rendered.
12. LIABILITY INSURANCE
Before commencing any of the work provided for
herein, the Owner shall supply the Town Clerk
with a Liability Insurance Policy in form satis-
factory 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 Lia-
bility Insurance Policy, may pay the renewal prem-
ium 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 has been paid in
order that the guarantee provided by the Liabil-
ity Insurance Policy shall not lapse.
13. PERFORMANCE & MAINTENANCE GUARANTEE
Before cormencing any of the work provided for
herein, the Owner shall supply the Town with a
100% Ferformance and Maintenance Security in
form satisfactory to the Town and in the amount
of $110,000, to guarantee the satisfactory com-
pletion of the work and to guarantee the workman-
ship 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. 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 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 and such reduction may be granted by
- 5 -
PART II - SERVICES (Cont'd)
13. PERFORMANCE & MAINTENANCE GUARANTEE (Cont'd)
him upon written verification of the Director of
Public Works that the services for which reduc-
tion is being sought have been satisfactorily com-
pleted, provided such reduction shall not reduce
the amount of the security 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 obligation to maintain
has expired, when the balance of the security
shall be returned to the Owner subject to any ded-
uctions for maintenance purposes.
14. DRAINAGE - SODDING
The Owner agrees to provide the Town, prior to
the commencement of the development of the sub-
division, with a Grading Control Plan prepared
by the Onwer'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 prepared in accordance with the Town's
Lot Drainage Specifications in effect at the
date of this Agreement. The grading of the lands
shall be carried out in accordance with such Grad-
ing Control Plan under the supervision of the
Owner's Consulting Engineer. If, in the opinion
of the Director of Public Works, drainage prob-
lems 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. 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.
15. INCOMPLETED OR FAULTY WORK
If, in the opinion of the Director of Public Works,
the Owner is not prosecuting or causing to be pros-
ecuted 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 im-
properly performing the work, or shall be 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 Director of Public Works
as defective or unsuitable, or shall the Owner in
any other manner, in the opinion of the Director
of Public Works, make default in performance of
the terms of this Agreement, then in any such
case the said Director of Public Works shall
promptly notify the Owner and his surety in writ-
ing of such defaulr or neglect and if such noti-
fication 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
- 6 -
PART II - SERVICES (Cont'd)
15
16.
INCOMPLETED OR FAULTY WORK (Cont'd)
such materials, tools and machinery and to employ
such workmen as in his opinion shall be required
for the proper completion of the said work at the
cost and expense of the Owner or his surety, or
both. 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 manage-
ment fee of twenty per cent (200) of the labour
and material value, and further, a fee of thirty
per cent (300) of the value for the dislocation
and inconvenience caused to the Town as a result
of such default on the part of the owner, it
being hereby declared and agreed that the assum-
ing 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.
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 regis-
tration 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
Block A
Column II
The Regional Municipality
of Durham
Block B
Street 'A'
The Regional Municipality
of Durham
The Corporation of the
Town of Pickering
17. 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 regis-
tration of the final plan, the lands indicated
in Column I of the following Table to the respec-
tive authority named in Column II of the Table:
Column I Column II
Block C The Regional Municipality
of Durham
Block D The Regional Municipality
of Durham
Block E The Corporation of the
Town of Pickerinc
Block F The Corporation of the
Town of Pickering
- 7 -
PART II - SERVICES (Cont'd)
18
19
20
21.
TRANSFERS - EASEMENTS
The Owner shall arrange at no cost to the Town for
granting to the Town such easements as the Direc-
tor ofPublic works or his designate shall deem
necessary for the provision of storm sewer services
both within the boundaries of the development and
across lands adjacent to the development but out-
side its boundaries. Such easements shall be sub-
ject 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 writ-
ing, from the Town and from the registered owner
of the lands across which the easement shall lie.
STREET NAMING
The Owner shall name both Street 'A' and Street
'B' "Gloucester Square" on the final plan prior
to registration thereof.
SERVICE CAPACITY
This Agreement shall be subject to the Owner enter-
ing into satisfactory arrangements with the Town
and the Regional Municipality of Durham with re-
spect to the allocation of sewage treatment plant
capacity and water capacity for the development.
GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave the driveway approaches between
the curb and sidewalk, it being under-
stood that the sidewalks are normally
located three feet from the property
line.
(b) Ontario Hydro Rights-o£
In the event that a right-of-way of
Ontario Hydro passes through or is
immediately adjacent to the lands herein,
to fence such right-of-way on both sides,
or the adjacent side thereof, as the case
may be, prior to developing the adjacent
lands. The fence is to be of construc-
tion and design as may be approved by the
Town.
(c) Continuation of Existing Services
Where the construction of services herein
involves a continuation to existing ser-
vices, to join into the same, including
adjustment of grades where necessary, in
a good workmanlike manner.
- 2 -
PART II - SERVICES (Cont'd)
21. GENERAL PROVISIONS-- SERVICES (Cont'd)
(d) 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 con-
struction of roads in the subdivision
without 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 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.
(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 construc-
tion 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.
(f) Relocation of Services
To pay the cost of relocating any exist-
ing 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
similarly 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.
(g) Pedestrian Walkways
Where the Town requires a pedestrian
walkway, to construct it according to
plans and specifications approved by
the Director of Public Works.
(h) 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.
(i) Temporary Signs
To provide and erect at its own cost
temporary street signs at locations
designated by the Director of Public
Works and to erect signs denoting
the future use of kinds within the
subdivision not scheduled for immed-
iate dovolopnicnt and r;uch signs shall
be ?arconlinq to the :.pi-cificalions of
1 Le Ti N n .
- 9 -
PART II - SERVICES (Cont'd)
21. GENERAL PROVISIONS - SERVICES (Cont'd)
(j) Permanent Signs
To provide and erect at his own cost,
permanent signs at locations designa-
ted by the Director of Public Works
to the specifications of the Town.
(k) Engineering Drawings
Prior to the final acceptance of the
subdivision to supply the Town with
the original drawings of the Engineer-
ing Works for the subdivision, with
amendments, if any, noted thereon.
(1) Snow Plowing & Sanding of Roads
If, in the opinion of the Director of
Public Works, the condition of the
road surface is not acceptable to him
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, includ-
ing 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 control.
(m) Survey Monuments & Markers
Prior to the acceptance of the subdivi-
sion 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 sur-
vey monuments at all block corners, the
ends of all curves, other than corner
roundings and all points of change in
direction of streets on the registered
plan.
- 10 -
PART III - CONSTRUCTION & OCCUPANCY OF BUILDINGS
22. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(a) The Owner agrees that no building permit
shall be issued for any building or part
of a building in the subdivision until
sewer and water facilities are available,
and in the opinion of the Director of
Public Works, capable of providing ade-
quate service.
(b) The owner further agrees that no build-
ing or part of a building in the subdivi-
sion shall be occupied except on the
following conditions:
(i) Sewer and water facilities
are installed and in opera-
tion 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 constructed
and an asphalt base laid on
the road immediately in
front of the building or
part thereof and both
extended to an existing
maintained public road.
(c) The Owner agrees with the Town that should
any building or part thereof in the subdi-
vision be occupied in contravention of any
or all of the provisions contained in sub-
section (b), above, then in that event the
Owner shall pay to the Town the sum of
$1,500.00 for each building or part thereof
so occupied as liquidated damages for such
contravention. 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 subsection with
respect to that lot or block.
(d) The owner further covenants and agrees to
maintain vehicular access to all occupied
buildinas in the subdivision until the
roads are formally assumed by the Town,
and further agrees to obtain similar cov-
enants from any subsequent Owner of any
of the lands in the said subdivision.
23. TIME LIMIT FOR CONSTRUCTION
The Owner agrees to construct or cause to be construc-
ted on the lands in the plan forty-four (44) housing
units which shall be completed within two (2) years
of the date of registration of the plan.
- 11 -
PART III - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
24. SITE PLANNING
(a) The owner agrees that prior to the issu-
ance of building permits for any of the
residential units to be erected on the
lands, it shall submit architectural 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 or engineering
firm at one time to co-ordinate the
design for all residential units and
that firm is to be the co-ordinator
throughout the design approval process.
(b) The siting plans may be required, at the
Town's option, to provide the following
information:
(i) street scape for front and
rear elevation at a scale
acceptable to the Director
of Planning;
(ii) street scape to show all
street furniture and vege-
tation;
(iii) the relationship of build-
ings by blocks; and
(iv) any other data or informa-
tion required by the Town.
25. LANDSCAPE PLANNING
The Owner agrees that prior to the issuance of
building permits for any of the units to be
erected on the lands, it shall submit a land-
scaping 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".
26. FENCING
upon completion of final lot grading and sodding
thelandsin the plan, except Block G, the Owner
shall erect a permanent fence along,
(a) the southerly boundiary of Block C, adja-
cent to Lot 11 only;
(b) the southerly boundary of Block D;
(c) the westerly boundary of Lot 17, from
Block D to a point in the westerly
boundary even with t_he main front wall
of the dwelling to be constructed on
Lot 17;
- 12 -
PART III - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
26. FENCING (COnt'd)
(d) the westerly boundary of Lot 18,
between a point in the westerly
boundary even with the main front
wall of the dwelling to be con-
structed on Lot 18 and the north-
erly boundary of Lot 27;
(e) the northerly boundary of Lot 27;
(f) the westerly boundary of Lot 27
from the north-west angle of the
lot to a point in the westerly
boundary even with the main front
wall of the dwelling to be con-
structed on Lot 27; and
(g) the westerly boundary of Lot 28
from the south-west angle of the lot
to a point in the westerly boundary
even with the main front wall of the
dwelling to be constructed on Lot
28.
Such fence shall be four feet high and con-
structed of nine gauge, galvanized steel
link fencing with maximum two inch mesh,
unless substitution is authorized in writing
by the Director of Public Works.
- 13 -
PART IV - FINANCIAL MATTERS
27.
28.
29.
FINANCIAL PAYMENTS
The Owner agrees to pay to the Town the sum of
$1,500 for each dwelling unit, except one of
the dwelling units to be constructed on Lot 15,
for which a building permit is received. No
building permit shall be issued for any dwell-
ing 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 build-
ing permits are required. In any event, the
owner shall pay all levies due under the provi-
sions of this paragraph 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.
FINANCIAL PAYMENTS/OCCUPANCY DAMAGES SECURITY
The Owner shall, immediately prior to the reg-
istration of the plan, deposit with the Town
an irrevocable bank letter of credit payable to
the Town, for the sum of $66,000 as security
for:
(a) the payments referred to in Section 27
hereof, and,
(b) the payment of liquidated damages re-
ferred to in subsection (c) of Section
22 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 said
plan of subdivision, as required
by law from time to time.
(b) Local Improvements
Prior to the release of the plan
for registration to prepay any
outstanding local improvement
charges which are levied against
any of the lands in the said
plan of subdivision.
(c) Interest
To pay interest at the rate of
fourteen per cent (14€) 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.
- 14 -
PART IV - FINANCIAL MATTERS (Cont'd)
29. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd)
(d) Registration Fees
To pay all registration costs in-
curred by the Town relating in any
way to the registration of the
plan of subdivision or any other
related documentation, including
transfers.
(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 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
connection therewith.
30. EXPIRY OF SECURITIES
The Owner further agrees that should any security
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 security a further security to take effect
upon the expiry. Such further security shall be
to the satisfaction of the Town. 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.
31. MAINTENANCE OF SECURITIES
If the Town draws against any security provided
by the Owner pursuant to the provisions of sec-
tion 13 or item 1 of Schedule "B" hereof, there-
by reducing the amount of the security, then in
that event, the Town may, at its option, require
the Owner to increase the amount of the security
to any amount equal to or less than the original
amount, and the Owner shall so increase the
amount within 10 days of its receipt of the
Town's notice requiring same.
- 15 -
PART V - PARKS & TREES
31.
32.
PARK DEDICATION
The Owner agrees that, prior to the registration
of the plan herein, it shall pay to the Town the
sum of Twenty-Six Thousand, Three Hundred and
Forty Dollars ($26,340) in cash in lieu of the
dedication of parkland, and the Town hereby agrees
to accept such sum for that purpose.
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 residen-
tial unit in the subdivi-
sion.
(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 Municipal-
ity.
33.
TREE PRESERVATION
(a) The Owner further agrees that it shall
permit the Town to enter the property
prior to the commencement of any con-
struction thereon for the purpose of
identifying the trees existing thereon,
which in the opinion of the Town, shall
be preserved by the Owner.
(b) During construction, all trees to be
preserved on the property shall be
fully protected against damage. Pro-
tection shall be applied in the follow-
ing manner prior to commencement of
any construction:
(i) The area within the drip
line of all existing
trees (groups or individ-
ual) shall be protected
with temporary fencing
which shall have posts
equivalent to 4" x 4" set
3 feet into tho ground
and extending 5 feet above
the ground subject to the
law in this regard, set at
- 16 -
PART V - PARKS & TREES (Cont'd)
33. TREE PRESERVATION (Cont'd)
intervals riot to exceed 8
feet. Two cross members
of 2" x 6" shall be sec-
ured to these cross mem-
bers to completely enclose
this are,;
(ii) The area within the pro-
tective fencing shall
remain undisturbed and
shall not be used for the
storage of building mat-
erial or equipment;
(iii) Tree protection shall re-
main in place until the
planting phase of the pro-
ject is started, and then
it shall be removed forth-
with.
(c) If the nature of the development requires a
change of ground elevation (lowering or
raising of grades), cutting 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 condi-
tions to its satisfaction.
(d) Prior to the commencement of any construc-
tion, 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 implemented and continue
as approved.
(e) Trees to be preserved that die or are dam-
aged 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.
- 17 -
PART VI - GENERAL REQUIREMENTS
34
The Owner agrees with the Town:
(a) Licence to Enter
To ret=ain a licence from any subse-
quent 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 subdivision
is not registered on or before Feb-
ruary 9th, 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 date of
the deposit thereof in the Post
office.
35. The Encumbrancers agree with the Town that this Agree-
ment shall have priority over and take precedence over
any rights or interests they may have in the lands
affected hereby, whether or not any such right or
interest was established or arose prior to the date
hereof and whether or not such right or interest is
set out in or arises by virtue of any instrument or
document registered on title to the lands affected
hereby, or any part of them, prior to the registra-
tion of this Agreement.
36. Whenever in this Agreement the word "Owner" and the
pronoun "it" is used, it shall be read and construed
as "Owner or Owners" and "his", "her" or "their",
respectively, and the number of the verb agreeing
therewith shall be construed 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 Agreement.
39. This Agreement and everything herein contained shall
enure to the benefit of and be binding upon the par-
ties hereto, their successors and assigns.
- 18 -
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
JACK JACOBSEN CONSTRUCTION LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
or
er
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 specified in the Table set
out below and to guarantee the workmanship and mat-
erials 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 com-
pleted within the time limit provided for therein
for aboveground services.
TABLE
2
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
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 programme.
SCHEDULE "B"
1. INDUSTRIAL/COMMERCIAL COMPONENT
(a) The owner shall construct within the Town
of Pickering, industrial buildings having
a total floor area of not less than 43,000
square feet, and based on the Town's 40
(industrial) - 60 (residential) ratio,
shall be entitled thereby to 43 credits
upon which the same number of residential
building unit permits may be issued.
(b) The required industrial buildings shall be
completed on or before the 31st day of
December, 1980.
(c) If, on the 1st day of January, 1981, the
required industrial buildings have not
been constructed, then commencing in 1981,
the Owner shall pay annually to the Town
on the 15th day of January in each year
the sum of $14,500 as liquidated damages
until the required industrial buildings
have been constructed.
(d) The owner shall leave deposited with the
Town a Performance Guarantee security in
the amount of $58,000 to guarantee the
satisfactory completion of the required
commercial and industrial buildings on
or before the 31st day of December, 1980,
and to secure the payment of any liqui-
dated damages that may become payable
under (c) above.
2. TEMPORARY TURNING CIRCLES
Notwithstanding the provisions of section 6 of this
Agreement, the Owner shall construct temporary turn-
ing circles
(a) at the westerly end of Street 'A', and
(b) at the westerly end of the street loca-
ted between Lots 26-27 and Lots 28-29,
to the specifications of the Town and to the satis-
faction of the Director of Public Works.
3. FUTURE DEVELOPMENT
Block G shall be retained by the Owner for future
development in conjunction with the lands abutting
the westerly limit of the Block and for no other
purpose. Such development shall not be permitted
until a subsequent Agreement between the Owner and
the Town has been entered into respecting such
development.
4. ADJACENT RESERVES
(a) Upon registration of the plan of subdi-
vision herein and this Agreement, the
Town shall permit the Owner, its acents,
servants, contractors and employees, to
cross the Town's reserves designated as,
(i) Blacks B and C, Plan M-1141;
and
(ii) Rlt,ck S, P1.+n P;-1038,
SCHEDULE "B" (Cont'd)
4
ADJACENT RESERVES (Cont'd)
in order to provide access to the lands
in the within plan for construction pur-
poses.
(b) Upon the issuance of the first occupancy
permit for a dwelling upon the lands in
the within plan, except Lots 26, 27, 28
and 29, the Town shall dedicate, as pub-
lic highway, the reserves designated as,
(i) Block C, Plan M-1141; and
(ii) Block S, Plan M-1038.
(c) Upon the issuance of the first occupancy
permit for a dwelling upon Lots 26, 27,
28 and 29, the Town shall dedicate, as
public highway, the reserve designated
as Block B, Plan M-1141.
5. DEMOLITION OF EXISTING BUILDINGS
(a) Prior to making application for a building
permit for either of Lots 15 or 16, the
owner shall demolish all buildings and
structures located on either or both of
those lots.
(b) The completion of the demolition of the
existing one-storey brick house located
on Lots 15 and 16 shall entitle the owner
to one industrial credit upon which one
residential building permit may be issued.
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