HomeMy WebLinkAboutBy-law 834/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 834/78
Being a By-law to authorize the execution
of a Subdivision Agreement between
Runnymede Development Corporation Limited
and the Corporation of the Town of Pickering
with respect to Part Lot 91, Plan 492 and
Part Lots 18 - 22, inclusive, Plan 489 and
Lots 22, 23 and 54 - 68, inclusive, Plan
M-1037 (Draft Plan 18T-76031)
WHEREAS Runnymede Development Corporation Limited proposes to
subdivide certain lands within Lots 23 and 24, Concession 1,
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" be-
tween Runnymede Development Corporation
Limited and the Corporation of the Town
of Pickering with respect to the sub-
division of certain lands within Lots 23
and 24, Concession 1 being Part Lot 91,
Plan 492 and Part Lots 18 - 22, inclusive,
Plan 489 and Lots 22, 23 and 54 - 68,
inclusive, Plan M-1037 (Draft Plan
18T-76031)
BY-LAW read a first, second and third time and finally
passed this 19th day of Jame , 1978.
ayor-? i'
Clerk /
TOWN OF
PICKERING
APPROVED
AS T0, FORI
THIS IS SCHEDULE "A" TO BY-LAW NUMBER 834/78
THIS AGREEMENT made this day of , 1978.
BETWEEN:
RUNNYMEDE DEVELOPMENT CORPORATION 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 -
hereinafter called the "Encumbrancers"
OF THE THIRD PART.
WHEREAS the Owner has sub-divided certain parts of Lots
23 and 24, Concession 1, in the Town of Pickering in the
Regional Municipality of Durham, and registered plans of such
subdivision as Plans M-1037, 1038 and 1039;
AND WHEREAS the Owner now proposes to further sub-divide
part of Plan M-1037, in conjunction with certain other lands
adjacent thereto;
AND WHEREAS the Encumbrancers have certain rights or
interests in the nature of encumbrances relating to the lands
affected hereby;
AND WHEREAS therefore the Owner, with the consent of
the Encumbrancers, proposes to register a plan of subdivision
of the lands affected hereby, as shown on a draft plan of
subdivision prepared by H. J. Koester, O.L.S., dated May 12,
1976, and given draft approval by the Minister of Housing
on November 9, 1977, as Draft Plan Number 18T-760311-
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consid-
eration of the Town approving the said proposed plan of sub-
division, and the covenants hereinafter expressed, the parties
hereto covenant and agree one with the other as follows:
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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 91, according to a plan registered in the
Registry Office for the Registry Division of Durham
as Plan 492;
Part of Jots 18-22, inclusive, according to a plan
registered in the said office as Plan 489; and
Lots 22, 23 and 54-68, inclusive, according to a plan
registered in the Land Registry Office for the Regis-
try Division of Durham as Plan M-1037.
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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 munici-
pal services as hereinafter set forth to the satisfac-
tion 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 for-
mally accepted by the Town.
4. 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 adjacent road allowances and
to provide capacity for lands upstream of the subdi-
vision, 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 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 suffi-
cient 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 inad-
equate 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 con-
stitute acceptance of the sewer system by the Town.
5. ROADS - ROUGH GRADE
Prior to the installation or construction of the rele-
vant 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 installa-
tion of electric, telephone, gas or other utilities.
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6. ROADS - PAVED
The Owner agrees to construct all the roads as shown on
the said plan of subdivision according to the specifica-
tions 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 speci-
fications 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 re-
pair streets both within and outside the subdivision
where construction has taken place or is used by 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 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 Public
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 granular 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 specifications 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 cor-
rect 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 considered 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 AND STREET LIGHT
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 fin-
ancial arrangements as may be required to ensure the
construction of those services. The Owner agrees to
pay all costs of installation 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
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11.
12.
with the Association of Municipal Electrical Utilities
Guide to Municipal Standard Construction. The instal-
lation of all works provided for in this clause shall
be constructed under the supervision and inspection of
the aforesaid authority.
INSPECTION OF WORK
All works required to be
shall be installed under
employed by the Town and
costs incurred (Salaries
ten days of their being
constructed by the Owner
the observation of Inspectors
the Owner agrees to pay the
and Expense) therefor within
rendered.
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 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 subdivi-
sion. The amount of the said policy shall be as set
out in Schedule "B" hereto. 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 has been paid in order that the guarantee
provided by the Liability Insurance Policy shall not
lapse.
13. PERFORMANCE AND MAINTENANCE GUARANTEE
Before commencing any of the work provided for herein,
the Owner shall supply the Town with a 100% Perform-
ance and Maintenance Bond in form satisfactory to the
Town and in an amount determined by the Town of Pick-
ering, sufficient to guarantee the satisfactory com-
pletion 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 approved in writing, by
the Director of Public Works. Such Performance and
Maintenance Guarantee 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
Clerk and such reduction may be granted by Council
upon written verification of the Director of Public
Works that the services for which reduction is being
sought have been satisfactorily completed, 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 deductions for maintenance pur-
poses.
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14. DRAINAGE - SODDING
The Owner agrees to provide the Town, prior to the com-
mencement of the development of the subdivision, with a
Grading Control Plan prepared by the Owner's Consulting
Engineer establishing the proposed grading of the lands
to provide for the proper drainage thereof and the drain-
age 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. 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, drainage problems occur
prior to formal acceptance of the subdivision by the
Town, the Owner agrees to correct them by re-grading
or by tha 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 prosecuted
the work in connection with this Agreement within the
specified time, or in order that it may be completed
within the specified time, or is improperly performing
the work, or shall the Owner neglect or abandon it
before the completion, or unreasonably delay the same
so that the conditions of this Agreement are being
violated or carelessly executed, or in bad faith, or
shall the owner neglect or refuse to renew or again
perform such work as may be rejected by the Director
of Public Works as defective or unsuitable, or shall
the Owner in any other manner, in the opinion of the
Director of Public Works, make default in performance
of the terms of this Agreement, then in any such case
the said Director of Public Works shall promptly not-
ify 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 immed-
iately to purchase such materials, tools and machinery
and to employ such workmen as in his opinion shall be
required for the proper completion of the said work
at the cost and expense of the Owner or his surety,
or both. 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 forth-
with notified. The cost of such work shall be cal-
culated 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 (20%) of the labour and material value, and fur-
ther, 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 assuming
by the Owner of the obligations imposed by this para-
graph is one of the considerations, without which the
Town would not have executed this Agreement.
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16. 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 understood that
the sidewalks are normally located three
feet from the property line.
(b) Ontario Hydro Rights-of-Way
In the event that a right-of-way of Ontario
Hydro passes through or is immediately adja-
cent 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 construction 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 services,
to join into the same, including adjustment
of grades where necessary, in a good workman-
like manner.
(d) Public Lands - Fill and 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 con-
sent 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 pub-
lic lands.
(e) Qualitative or Quantitative Tests
The Director of Public Works may have qual-
itative or quantitative tests made of any
materials which have been or are proposed
to be used in the construction of any ser-
vices 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 existing
services and utilities caused by the sub-
division work within ten (10) days of the
account for same being rendered by the
Town. The Owner further agrees to simi-
larly 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.
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(g) Pedestrian Walkways
Where the Town requires a pedestrian walkway,
to construct it according to plans and speci-
fications 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 lands within the
subdivision not scheduled for immediate devel-
opment and such signs shall be according to
the specifications of the Town.
(j) Permanent Signs
To provide and erect at his own cost, perman-
ent signs at locations designated by the
Director of Public Works to the specifications
of the Town.
(k) Engineering Drawings
Prior to the final acceptance of the subdivi-
sion to supply the Town with the original
drawings of the Engineering Works for the
subdivision, with amendments, if any, noted
thereon.
(1) Snow Plowing and 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, 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 Public Works for winter control.
(m) Survey Monuments and Markers
Prior to the acceptance of the subdivision
by the Town, to supply a statement by an
Ontario Land Surveyor that, after the com-
pletion 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.
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PART III - CONSTRUCTION AND OCCUPANCY OF BUILDINGS
17. CONSTRUCTION AND OCCUPANCY OF BUILDINGS
(a) The Owner agrees that no building permit shall
be issued for any building in the subdivision
until sewer and water facilities are available,
and in the opinion of the Director of Public
Works, capable of providing adequate service.
(b) The Owner further agrees that no building in
the subdivision shall be occupied except on
the following conditions:
(i) Sewer and water facilities are
installed and in operation to
adequately serve such buildings;
(ii) A municipal occupancy permit
has been issued;
(iii) Electric service is completed
and in operation; and
(iv) Curbs have been constructed and
an asphalt base laid on the
road immediately in front of
the building and both extended
to an existing maintained public
road.
(c) The Owner agrees with the Town that should any
building in the subdivision be occupied in con-
travention of any or all of the provisions con-
tained in subsection (b), above, then in that
event the Owner shall pay to the Town the sum
of $1,500.00 for each building 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 sub-
section with respect to that lot or block.
(d) The owner further covenants and agrees to main-
tain vehicular access to all occupied buildings
on the subdivision until the roads are formally
assumed by the Town, and further agrees to
obtain similar covenants from any subsequent
Owner of any of the lands in the said subdivi-
sion.
18. TIME LIMIT FOR CONSTRUCTION OF HOMES
The Owner agrees to construct or cause to be constructed
fifty-seven (57) housing units which shall be completed
within two (2) years of the date of registration of the
final plan.
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PART IV - FINANCIAL MATTERS
19
20
FINANCIAL PAYMENTS
The Owner agrees to pay to the Town the sum of $1,500.00
for each dwelling unit for which a building permit is
received. No building permit shall be issued for any
dwelling units unless payment of the $1,500.00 per unit
levy shall have been made in advance of the issuance of
such permit with respect to such dwelling unit. Pay-
ments 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 five (5) years
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 bank
letter of credit payable to the Town, in a form satis-
factory to the Town, for the sum of $85,500.00 as
security for:
(a) the payments referred to in Section 19 hereof,
and,
(b) the payment of liquidated damages referred to
in subsection (c) of Section 17 hereof.
21. 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.
Local Improvements
(b)
Prior to the release of the plan for regis-
tration to prepay any outstanding local
improvement charges which are levied
against any of the lands on the said plan
of subdivision.
Interest
(c)
Interest at the rate
(148) per annum shall
Owner to the Town on
payable herein which
due dates calculated
Registration Fees
(d)
of fourteen per cent
be payable by the
all sums of money
are not paid on the
from such due dates.
The Owner agrees to pay all registration
cost incurred by the Town relating in any
way to the registration of the Plan of
Subdivision in the Land Titles Office.
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(e) Lien or Other Claims
Upon applying for final acceptance of the sub-
division, to supply the Town with a Statutory
Declaration that all accounts for work and
materials have been paid, except normal guar-
antee 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.
22. 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 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 satis-
faction 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.
23. TERMINATION OF LEVY/OCCUPANCY SECURITY
The letter of credit required to be deposited with the
Town pursuant to the provisions of section 20, above,
may, notwithstanding the provisions of section 22,
above, be terminated or cancelled by the Owner at any
time after the Municipal Occupancy Permit for the last
dwelling to be constructed on these lands has been
issued by the Town.
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PART V - PARKS
1. The Town acknowledges that in a dedication of parkland
for the Owner's Glendale Subdivision, registered as Plans
M-1037, M-1038 and M-1039, the Owner dedicated a surplus
of 1.61 acres, 0.49 acres of which it is hereby agreed by
both Parties shall constitute the parkland dedication re-
quired for the development of the subdivision on the lands
affected by this Agreement.
2. The owner shall be required to place and maintain a tem-
porary fence along all boundaries of existing or proposed
parkland, open space or walkways, within the subdivision
or adjacent to it, prior to the commencement of any con-
struction, including rough grading in the subdivision.
Upon completion of final lot grading and seeding or sod-
ding the lands in the subdivision, the owner shall erect
a permanent fence along all boundaries of parkland, open
space or walkways within or adjacent to the lands in the
subdivision. 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 Parks and Rec-
reation.
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PART VI - GENERAL RF,QUIRFi9ENTS
The Owner agrees with the Town:
(a) Licence to Enter
To retain a licence from any subsequent pur-
chaser of the aforesaid lands to enter upon
such lands in order to comply with the pro-
visions of this Agreement.
(b) Cancellation of Agreement
In the event the plan of subdivision is not
registered on or before May 9, 1979,
the Town may, at its option on one month's
notice to the owner, declare this Agree-
ment 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.
The Encumbrancers agree with the Town that this Agreement
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 regis-
tered on title to the lands affected hereby, or any part
of them, prior to the registration of this Agreement.
Whenever in this Agreement the word "Owner" and the pro-
noun "it" is used, it shall be read and construed as
"Owner or owners" and "his", "her" or "their", respec-
tively, as the number of the verb agreeing therewith
shall be construed accordingly.
The provisions in Schedules "A" and "B" attached hereto
shall form part of this Agreement.
Time shall be of the essence of this Agreement.
This Agreement and everything herein contained shall
enure to the benefit of and be binding upon the parties
hereto, their successors and assigns.
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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
RUNNYMEDE DEVELOPMENT CORPORATION LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
SCHEDULE "A"
1. TIME LIMIT FOR WORK AND GUARANTEE FOR WORKMANSHIP AND
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 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. The Owner shall arrange at no cost to the Town for grant-
ing to the Town such easements as the Director of Public
Works or his designate shall deem necessary for the pro-
vision of storm sewer services both within the boundaries
of the development 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 ease-
ments shall not commence until the easement has been
acquired, unless permission to do so has been obtained
by the Owner, in writing, from the Town and from the
registered Owner of the lands across which the easement
shall lie.
2. The amount of the Liability Insurance Policy required in
Section 12 of this Agreement shall be $1,000,000.00.
3. The amount of Performance and Maintenance Guarantee as
required in Section 13 of this Agreement shall be
4. 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 architectural and siting plans for all
of the units to the Town for approval. The Owner agrees
to engage the services of only one architectural firm at
one time to co-ordinate the design for all units and
that firm is to be the co-ordinator throughout the design
approval process.
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 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.required by the
Town.
5. (a) The Owner shall construct within the Town of
Pickering industrial buildings having a total
floor area of not less than 57,000 square feet
and that based on the Town's 40 (industrial)
- 60 (residential) ratio, the owner is entitled
to 57 credits upon which the same number of
building permits may be issued in accordance
with the terms of this Agreement.
(b) The industrial buildings referred to in sub-
section (a) shall be completed on or before
December 31, 1980.
(c) If the industrial buildings or any part thereof
have not been constructed on or before the 31st
day of December, 1980, then commencing on Jan-
uary 15, 1981, the owner shall pay annually
to the Town the sum of $20,000.00 as liquidated
damages until the said industrial buildings
have been constructed.
SCHEDULE "B" (Cont'd)
(d) The Owner shall leave deposited with the Town
its Performance Guarantee in the amount of
$80,000.00 to guarantee the satisfactory com-
pletion of the said industrial buildings on
or before the 31st day of December, 1980 and
to secure the payment of any liquidated damages
that may become payable under subsection (c)
above.
6. (a) The Owner
and clear
(30) days
ment, the
of subdiv
reserve;
agrees
of all
of the
Street
ision,
to dedicate to the Town, free
encumbrances, within thirty
registration of this Agree-
"A" shown on the draft plan
together with a one foot
(b) The owner agrees to dedicate to Her Majesty
the Queen in right of Ontario, as represented
by the Ministry of Transportation and Commun-
ications, free and clear of all encumbrances,
within thirty (30) days of the registration
of this Agreement, the one.foot reserve des-
ignated as Block on the plan.
7. 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.
8. (a) The Owner agrees that prior to the issuance
of building permits for any of the units to
be erected on the lands, it shall submit a
landscaping plan for all of the lots and
blocks on the plan to the Town for approval.
The Owner further 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 land-
scaping plan according to the time limits
set out in Schedule "A".
(b) Notwithstanding the provisions of subsection
(a), above, the Owner shall provide, to the
satisfaction of the Town, proper screening,
berming, landscaping and fencing along the
southerly, easterly and westerly boundary
of the plan and alongside Block "C", Plan
M-1037.
9. (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 Owner shall provide that the trees
approved by the Town are planted no more
than 3 months after final grading is done
in the specific area.
SCHEDULE "B" (Cont'd)
(c) (i) The Owner shall provide at least
one tree per unit in the subdi-
vision.
(ii) Where the density is too great
to enable this quota, the
Developer shall provide $35.00
per unit for tree planting in
a public land area in the
Municipality.
10. (a) The Owner further agrees that it shall permit
the Town to enter the property prior to the
commencement 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.
(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 commencement
of any construction:
(i) The, area within the drip line of
all existing trees (groups or
individual) 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 members of 2" x
6" shall be secured to these cross
members to completely enclose this
area;
(ii) The area within the protective
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 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
elevation, 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
SCHEDULE "B" (Cont'd)
approval by the Town of such a program, the
program shall be implemented and continue
as approved.
11.
(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.
(a) The Owner shall provide to the Town and to
the Ministry of the Environment, proposals
for noise abatement measures to be imple-
mended for the protection of the develop-
ment from noise associated with the use of
Kingston Road (Highway 2). Such proposals
shall be approved by both the Ministry of
the Environment and the Town prior to reg-
istration of the plan of subdivision here-
in.
(b) In preparing the proposals referred to in
subsection (a), above, the Owner shall
engage an acoustical consultant to inves-
tigate and make recommendations as to
acceptable noise abatement measures to be
incorporated into the design of the dwell-
ing units and the landscaping of the site.
(c) The Owner agrees to incorporate all noise
abatement measures approved in the con-
struction of the dwelling units and the
landscaping of the sites to which such
measures apply.
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