HomeMy WebLinkAboutBy-law 3810/91T~H~E CO!~ORATION O.F~HE TOWN OF PICKERING
3810/gl
_BY-LAW .~XQ~
Being a by-law to authorize the execution of a
Subdivision Agreement and related documentation
respecting the development of Part Lot 24, Concession 2,
Pickering (Landford Dixie South Ltd.; 18T-89119).
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 24, Concession 2,
Pickering, has been recommended for approval by the Council of The Corporation of the Town of
Picketing and approved by the Commissioner of Planning of the Regional Municipality of Durham as
Draft Plan 18T-89119, subject to several conditions, one of which requires the entering into of a
satisfactory Subdivision Agreement with The Corporation of the Town of Picketing, pursuant to the
provisions of the Planni,g Act 1983, S.O. 1983, chapter 1, section 50(6); and
WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter 302, section 193(1),
the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring any land or
interest therein for the purposes of the corporation;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form
attached hereto as Schedule A, between Landford Dixie South Ltd. and The Corporation of the
Town of Pickerh~g, respecting the development of Part Lot 24, Concession 2, Pickering (Draft
Plan 18T-89119).
The Corporation of the Town of Pickering shall acquire those lands described in section 23 of
the Subdivision Agreement attached hereto as Schedule A, subject to the terms and conditions
and for the purposes set out therein.
(1)
The Corporation of the Town of Pickering shall acquire interests in the nature of
easements over those lands described in section 24 of the Subdivision Agreement
attached hereto as Schedule A, subject to the terms and conditions set out therein, for
storm drainage purposes.
(2)
The Mayor and Clerk are hereby authorized to execute Transfers of Easement, in the
form attached hereto as Schedule B, effecting the acquisition by The Corporation of the
Town of Picketing oftbe interests referred to in subsection (1).
BY-LAW read a first, second and third time and finally passed this 16th day of September, 1991.
TOWN OF
PlCKERING
APPROVED
LEGAL DEPT.
THIS SUBDIVISION AGREEMENT made September 16, 1991.
BETWEEN:
LANDFORD DIXIE SOUTH LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes Io subdivide part of Lot 24, Concession 2, in the Town of Picketing, in
the Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on
a draft plan of subdivision designated as Draft Plan Number 18T-89119, and is required, as a condition
of approval thereof to enter into a subdivision agreement with the Town pursuant to the Planning Act
1983, S.O. 1983, chapter 1, section 50(6);
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town
consenting to the registration of the proposed plan of subdivision, and the covenants hereinafter
expressed, the Parties hereto covenant and agree one with the other as follows:
The lands affected by this Agreement (the "Lands") axe Lots 1 to 43, both inclusive, and Block
44, Plan 40M- , Picketing.
CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before December 31, 1991, the Town
may, at its option on one month's notice to the Owner, declare this Agreement to be null and
void and of ho.further effect, and the Town shall not be liable for any expenses, costs or
damages suffered by the Owner as a result thereof.
NOTICE
(1)
Any notice required to be given hereunder may be given by personal delivery or
registered mail,
(a) in the case of the Owner, to
The President
Landlord Dixie South Ltd.
70 Leek Crescent
Richmond Hill, Ontario
L4B 1H1
and
(b) in the case of the Town, to
The Town Clerk
The Corporation of the Town of Pickering
Picketing Civic Complex
One The Esplanade
Picketing, Ontario
L1V 6K7
Whenever 'in this Agreement the word "Owner" or the pronoun "it" is used, it shall be
read and construed as "Owner or Owners" or "his", "her" or "them", respectively, and
the number of the verb agreeing therewith shall be construed accordingly.
(2) 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.
LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part
thereof, to enter upon the Lands in order to comply with the provisions of this Agreement.
OWNER'S GENERAL LrlqDERTAKINO
The Owner shall complete at its own expense and in a good workmanlike manner, for the Town,
all the municipal services as hereinafter set forth to the satisfaction of the Town, and shall
complete, perform or make payment for such other matters as may be provided for herein.
CONSULTIiNG ENGINEERS
O)
The Owner shall retain a Professional Engineer as the Consulting Engineer of the
Owner to carry out all the necessary engineering and to supervise generally the work
required to be done for the development of the plan of subdivision.
(2)
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.
(3)
This provision shall not be construed so as to prevent the Owner from changing from
one Consulting Engineer to another at any time or times during the development and
construction of the project, so long as the Owner has a Consulting Engineer retained at
all times.
10.
The Owner shall construct a c~mplete storm water ~ainage and management system,
including storm connections to the street line and catch basin leads, to service all the
lands in the plan of subdivision and Dixie Road adjacent to the plan, and to provide
capacity for lands upstream of the plan of subdivision, according to designs approved by
the Director of Public Works and shall maintain it, including clearing any blockages or
debris from whatever cause, until it is formally accepted by the Town.
(2)
Such system shall be constructed to an outlet or outlets according to designs approved
by the Director of Public Works and shall be of sufficient size and depth and at
locations either within or outside the lands affected hereby to service the plan of
subdivision and the lands outside the plan of subdivision, which in the opinion of the
Director of Public Works, will require its use as a trunk outlet.
(3)
Should, in the opinion of the Director of Public Works, an inadequate stream or
structure exist in the outlet system outside the plan of subdivision, the Owner may be
required to carry out such works as are necessary to provide an adequate outlet.
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(4)
(5)
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.
No connection under subsection 4, above, shall be undertaken or authorized prior to
preliminary acceptance of the sewer system by the Town, except in ma emergency.
11. ROADS-ROUGHGRADE
(1)
Prior to the installation or construction of the municipal services provided for herein,
the Owner shall rough grade Windgrove Square to the full width.
(2)
The Owner shall keep all boulevards clear and free of materials and obstructions which
might interfere with the installation of electric, telephone, gas or other utilities.
The Owner shall construct Windgrove Square and reconstruct Dixie Road adjacent to
the plan.
(2)
Until assumption by the Town, the Owner shall maintain and repair roads both within
and outside the plan of subdivision where construction has taken place or that are used
by con~txuction traffic entering the plan of subdivision and keep such roads clear of
mud, dust, refuse, rubbish or other litter of all types.
(3)
The Owner shall erect and maintain adequate signs to warn all persons using Windgrove
Square 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.
(4)
Such signs and the location thereof are subject to the approval of the Town's Director of
Public Works.
13.
(1)
The Owner shall construct, reconstruct or repair, as the case may be, curbs and gutters
on the roads to be constructed or reconstructed pursuant to section 12, and shall
maintain them until they are formally accepted by the Town.
(2)
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.
14.
SIDEWALKS
(I)
The Owne; shall construct a sidewalk along the east side of Dixie Road adjacent to the
plan in accordance with the time limits set out in section 1 of Schedule A.
(2)
The Owner shall construct the following segments of sidewalk, in each case within six
months immediately following the occupancy of the first dwelling unit to be occupied
on any lot or block adjacent to that segment, despite the provisions of section I of
Schedule A:
(a)
on the east and north sides of Windgrove Square adjacent to Block 44 and Lots
1 to 11;
(b) on the north and west sides of Windgrove Square adjacent to Lots 12 to 24; and
(c)
on the west and south sides of Windgrove Square adjacent to the front lot lines
of Lots 25 to 36.
(3)
Despite the provisions of subsection (2), where the occupancy of the first dwelling unit
.occurs in November or December of any year, the time limit for construction of the
adjacent sidewalk segment shall be extended to June 30 in the following year.
(4) The Owner shall maintain each sidewalk segment until it is formally accepted by the
Town.
15.
ELECTRICAL SERVICES
Where electricity, cable television service or telephone service is to be provided to any lot or
block in the plan, it shall be provided underground and in accordance with the standards and
specifications of Pickering Hydro-Electric Commission, Picketing Cable T.V. Limited or Bell
Canada, as the case may be.
16.
(I)
The Owner shall install street lights, including poles and other necessary appurtenances,
on Windgrove Square in the plan and upgrade street lighting on Dixie Road adjacent to
the plan.
(2) Electrical service for street lighting shall be provided underground and not aboveground.
(3)
Street lighting and its related electrical service shall be designed and installed in
accordance with standards established by the Town and in conformity with the
Association of Municipal Electrical Utilities Guide to Municipal Standard Construction.
(4)
The installation of street lighting and its related services shall be under the supervision
and inspection of Picketing Hydro-Electric Commission.
17.
INSPECTIONS
(1)
Prior to the registration of the plan, the Owner shall pay to the Town the sum of $1,960
as an engineering drawing inspection fee.
(2)
All works required to be constructed by the Owner, except those referred to in sections
15 and 16 shall be installed under the observation of Inspectors employed by the Town
and the Owner shall pay the costs incurred therefor within 30 days of invoices being
rendered.
(3)
The costs referred to in subsection (2) may include, but not necessarily be limited to,
salaries and wages of Inspectors, testing fees and administration fees.
18.
LIABILITY INSURANCE
(1)
Before commencing any of the work provided for herein, the Owner shall supply the
Town with a Certificate of Insurance verifying that a Liability Insurance Policy is in
place i~ a form satisfactory to the Town, naming the Town as an insured and
indemnifying the Town from any loss arising from claims for damages, injury or
otherwise in connection with the work done by or on behalf of the Owner in the plan of
subdivision and elsewhere.
(2) The amount of the policy shall be $5,000,000.
(3)
In the event any renewal premium is not paid, the Town, in order to prevent the lapse of
the Policy, may pay the renewal premium or premiums and the Owner shall pay the cost
of such renewal or renewals within 30 days of the account therefor being rendered by
the Town.
(4)
The Owner shall notify the Town of the dates for the renewal of the premium of the
Policy and shall supply proof that the premium of the Policy has been paid in order that
the protection provided by the Policy shall not lapse.
19.
PERFORMANCE & MAINTENANCE GUARANTEE
(1)
Before commencing the construction, installation or performance of any of the works
provided for herein, the Owner shall supply the Town with a 60% performance and
maintenance security in a form satisfactory to the Town and in an amount established
by the Dixector of Public Works (the "original value") for the purpose of,
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(a) guaranteeing the satisfactory construction, installation or performance of the
works;
(2)
(3)
(4)
(b)
guaranteeing the payment of any amounts payable to the Town under this
Agreement;
(c)
guaranteeing the payment of any amount that the Town may be required to pay
under the provisions of the Construction Lien Act, 1983, and
(d)
guaranteeing all works, workmanship and materials for a period of 2 years
from the date that the works are completed and such completion acknowledged,
in writing, by the Director of Public Works.
The Owner may, at any time after the first 50%, in value, of works have been
constructed, installed or performed, and paid for, apply for a reduction in the security
and such application shall be made to the Town Treasurer.
Upon written verification from the Director of Public Works that the construction,
installation or performance of the works for which reduction is being sought have been
satisfactorily completed and paid for, the Town Manager may reduce the amount of the
security to an amount not less than,
(a)
sixty per cent (60%) of the original value where no certificate or declaration of
substantial performance has been made;
(b) thi~y-fiv, e per cent (35%) of the original value where,
a certificate or declaration of substantial performance has been
published;
(ii) 45 days following such publication have expired; and
(iii)
all liens that may be claimed against any holdback required to be
retained by the Town have expired or have been satisfied, discharged
or provided for by payment into court;
and
(c) seventeen per cent (17%) of the original value where,
(i)
a certificate of final completion has been made by the Owner's
Consulting Engineer;
(ii) 45 days following the making of such certificate have expired; and
(iii)
all liens that may be claimed against any holdback required to be
retained by the Town have expired or have been satisfied, discharged
or provided for by payment into court;
which seventeen per cent (17%) portion shall secure the guarantee of works,
workmanship anO materials, until the obligation to guarantee has expired, when the
balance of the security shall be returned to the Owner subject to any deductions for
rectification of deficiencies.
Upon the approval, ff any, of a reduction in the amount of the security required to be
provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the
Owner any necessary assurance to effect the reduction.
20.
DRAINAGE - ~ODDING
(1)
The Owner shall provide the Town, before commencing any of the work provided for
herein and prior to the commencement of the development of the plan of subdivision,
with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing
the proposed grading of the lands to provide for the proper drainage thereof and the
drainage of all adjacent lands which drain through the plan of subdivision.
(2)
(3)
(4)
(5)
(6)
The Grading Control Plan shall be prepared in accordance with the Town's Lot
Drainage Specifications and shall not provide for the drainage of surface mn-off water
onto Town-owned parkland, open space or walkways unless provision is made for the
installation by the Owner, at no cost to the Town, of suitable swales and catch basins to
manage adequately, in the opinion of the Town's Dh'ector of Community Services and
Facilities, that surface mn-off water.
The Grading Control Plan is subject to the approval of the Town's Directors of Public
Works'and Community Services and Facilities and the Metropolitan Toronto and
Region Conservation Authority.
The grading of all lands shall be carried out by the Owner in accordance with the
approved 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 works in the plan of subdivision by the Town, the Owner shall
correct them by re-grading or by the construction of catch basins, swales or other
structures as may be necessary to correct such problems.
Despite any time limit otherwise applicable pursuant to section I of Schedule A, the
Owner shall sod the front, side and rear yards of each of the residential lots and blocks
except for paved, planted or treed areas, within the six months immediately following
the occupancy of the first dwelling unit erected thereon, unless such occupancy occurs
in November or December of any year, in which case the time limit for such sodding
shall be extended to June 30 in the following year.
21.
INCOMPLETED OR FAULTY WORK
(1)
If, in the opinion of the Director of Public Works, the Owner is not prosecuting or
causing to be prosecuted the work in connection with this Agreement within the
specified time, or in order that it may be completed within the specified time, or is
improperly performing the work, or shall the Owner neglect or abandon it before the
completion, or unreasonably delay the same so that the conditions of this Agreement are
being violated or carelessly executed, or in bad faith, or shall the Owner neglect or
refuse to renew or again perform such work as may be rejected by the Director of Public
Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion
of the Director of Public Works, make 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 wrhing of such default or neglect and if such
notification be without effect within 10 clear days after such notice, then in that case,
the Director of Public Works shall thereupon have full authority to purchase such
materials, tools and machinery and to employ such workmen as in his opinion shall be
required for the proper completion of the said work at the cost and expense of the
Owner or his surety, or both.
(2)
In cases of emergency, in the opinion of the Director of Public Works, such work may
be done without prior notice but the Owner shall be forthwith notified.
(3)
The cost of such work shall be calculated by the Director of Public Works whose
decision shall be final.
(4)
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 dislocation
and inconvenience caused to the Town as a result of such default on the part of the
Owner, it being hereby declared and agreed that the assuming by the Owner of the
obligations imposed by this paragraph is one of the considerations, without which the
Town would not have executed this Agreement.
22.
DEDICATIONS
The Owner shall dedicate Windgrove Square as public highway under the jurisdiction of the
Town upon the registration of the plan.
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23.
TRANSFERS - CONVEYANCES
The Owner shall convey to the Town, free and clear of all encumbrances and at no cost
to the Town, upon the registration of the plan or within the 30 days immediately
following the registration thereof, all of,
(a) Block 45 (Dixie Road road widening); and
(b) -Block 46 (Dixie Road reserve).
(2)
Notwithstanding the provisions of subsection (I), above, a transfer required therein
shall not be deemed to be subject to an encumbrance ff that encumbrance relates in any
way to the existence or maintenance of a public utility in operation as of the date of this
Agreement.
24.
TRANSFERS - EASEMENTS
(1)
The Owner shall arrange at no cost to the Town for granting to the Town such
easements as the Director of Public Works or his designate shall deem necessary for the
provision of storm water drainage and management facilities both within the boundaries
of the plan of subdivision and across lands adjacent thereto but outside its boundaries.
(2)
Such easements shall be subject to the approval of the Director of Public Works or his
designate as to.their location and width.
(3)
The col~struction of any services in such easement or easements referred to in
subsection (i) 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.
25.
GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) _Paving of l~riveway Approaches
To pave all driveway approaches between the curb and sidewalk or where no sidewalk
is to be constructed, between the curb and the lot line.
(b) Continuation of Existing Services
'Where the construction of services herein involves a continuation to existing services,
to join into the same, including adjustment of grades where necessary, in a good and
workmanlike manner.
(c) Public Lands - Fill & Debris
(i)
Neither to dump nor to permit to be dumped, any £fll or debris on, nor to
remove or permit to be removed, any fill from any public lands, other than in
the actual construction of roads in the plan of subdivision without the written
consent of the authority responsible for such lands.
(ii)
On request, to supply the Town with an acknowledgement from such authority
of the Owner's compliance with the terms of sub-clause (i).
(iii)
That there shall be no buming of refuse or debris upon its lands or any public
lands.
(d) Construction Traffic
Wherever possible, to ensure that construction traffic serving the development of this
plan does not use roads, in this plan or adjacent plans, having occupied residential units
fronting thereon, but rather, enters the plan of subdivision directly from Dixie Road.
(e) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or quantitative tests made of any
materials which have been or are proposed to be used in the construction of any services
required by this Agreement, and the cost of such tests shall be paid by the Owner within
30 day§of the account being rendered by the Town.
(0
(g)
(h)
(i)
(j)
(k)
(1)
Relocation of Services
(i)
To pay the cost of relocating any existing services and utilities caused by the
subdivision work within 30 days of the account for same being rendered by the
Town.
(ii)
Similarly to pay the cost of moving any services or utilities installed under this
Agreement in driveways or so close thereto, in the opinion of the Director of
· Public Works, as to interfere with the use of the driveway.
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.
Temporary Signs
To provide and erect at its own cost, temporary signs of such nature and at such
locations as may be designated by the Director of Public Works.
To provide and erect at its own cost, permanent signs of such nature and at such
locations as may be designated by the Director of Public Works.
Prior to the final acceptance of the subdivision, to supply the Town with the original
drawings of the engineering works for the plan of subdivision, with amendments, ff any,
noted thereon.
Snow Plowing & Salting of Roads
(i)
If, in the opinion of the Director of Public Works, the condition of the road
surface is not acceptable for winter control, to snow plow and salt such roads
from such occupied buildings to existing Town roads or to subdivision roads
that receive the Town's winter control service, including altemate means of
access where available.
(ii)
Such snow plowing and salting 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.
Survey Monuments & Markers
Prior to the acceptance of the subdivision by the Town, to supply a statement by an
Ontario Land Surveyor that, after the completion of the subdivision work, he has found
or re-establish.ed all standard iron bars as shown on the registered plan, and survey
monuments at all block comers, the ends of all curves, other than comer roundings and
all points of change in direction of streets on the registered plan.
26.
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) No building permit shall be issued for any building or part of a building in the
subdivision until,
(a) sewer and water facilities are available, and in the opinion of the Director of
Public Works, capable of providing adequate service; and
(b) an asphalt base has been laid on the road immediately in front of the building
'- ...... or part thereof and extended to an existing maintained road.
(2) No building or part of a building in the subdivision shall be occupied except upon the
· issuance of a municipal occupancy permit.
8
(3) No application for a municipal occupancy permit for a building or part of a building
shall be made except upon the following conditions:
(4)
(a)
storm sewer, sanitary sewer and water facilities are installed and in operation to
adequately serve such building or part thereof;
(b) electric service is completed and in operation; and
(c)
such curbs, as in the opinion of the Director of Public Works, are required to be
completed prior to occupancy have been constructed and extended to an
existing maintained public road.
The Owner shall maintain vehicular access to all occupied buildings in the plan of
subdivision until the road is formally assumed by the Town.
27.
DESIGN PLANNING
(1)
The Owner shall, prior to the issuance of any building permit for the construction of any
residential unit on the lands, submit to the Town's Director of Planning, for approval, a
report outlining siting and architectural design objectives for the subdivision, which
approval shall not be unreasonably withheld.
(2)
The report referred to in subsection (1) may be required, at the Director's option, to
provide the following information:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
house massing;
streetscape;
exterior materials and colours;
architectural style;
visual variety;
energy conservation measures; and
any other data or information reasonably required.
(3)
The Owner shall, prior to the issuance of any building permit for the construction of a
residential unit to be erected on the lands, submit to the Director, for approval, site
plans and architectural drawings for that unit, which approval shall not be unreasonably
withheld.
(4)
The plans and drawings referred to in subsection (3) may be required, at the Director's
option, to provide the following information:
(a)
(b)
(c)
(d)
(e)
the location of all buildings and structures to be erected and the location of all
facilities and works associated therewith;
the location of landscaping features, including trees to be preserved;
streetscape for front and rear elevation at a scale acceptable to the Director;
streetscape to show all street fumitnre and vegetation;
the relationship of buildings by blocks; and
any other data or information reasonably required.
28.
FINANCIAL PAYMENTS
(1)
Upon the issuanqe of the building permit for each dwelling unit to be erected on the
Lands, the Owner shall pay to the Town a unit levy or development charge for that
dwelling unit.
(2)
The amount of the unit levy or development charge payable under subsection (1), above,
for each dwelling unit shall be,
(a)
$3,250, if the Town has not, before the date of payment, enacted a
x.,,~,,.,,,laraent Charge By-law pursuant to section 3(1) of the Development
Charges Act 1989, S.O. 1989, chapter 58, or
(b)
the applicable amount of such development charge according to the Town's
Development Charge By-law, if, before the date of payment, the Town has
enacted such a by-law.
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29.
FINANCIAL SECURITY
The Owner shall, immediately prior to the registration of the plan, deposit with the Town, a
security payable to the Town, in a form satisfactory to the Town, for the sum of $182,000 as
security for the payments referred to in section 28 hereof.
30.
GENERAL PROVISIONS - FINANCIAL MATrERS
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) Interest
To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all
sums of money payable herein which are not paid on the due dates calculated from such
due dates.
(c) ~
To pay all registration costs incurred by the Town relating in any way to the registration
of the plan of subdivision or any other related documentation, including transfers, in the
Land Titles Office.
(d) 'n thr lim
Upon applying for fmal 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 shall indemnify
the Town against all claims, actions or demands for liens or otherwise and all costs in
connection therewith.
31.
EXPIRY OF SECURITIES
(1)
Should any security 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 30
days in advance of the expixy date of that security, a further security to take effect upon
the expiry.
(2) Such further security shall be to the satisfaction of the Town.
(3)
Should no such further security be provided as required, then the Town shall have the
right to convert the expiring security into cash and hold the cash in lieu of and for the
same purposes as. any further security.
32.
PROVISION OF PARKLAND
Prior to the registration of the plan, the Owner shall pay to the Town the sum of $102,900 in full
satisfaction of the Owner's obligation to provide parkland for Lots I to 43 and Block 44.
33.
TREE PLANTING
(1)
The Owner shall plant on road allowances within or adjacent to the plan, fifty-sLx trees
of a size and type acceptable to the Town.
(2)
A schedule of the Owner's tree planting scheme shall be approved by the Director of
Planning prior to the planting of any trees.
(3)
The trees approved by the Town shall be planted by the Owner when the boulevard into
which they are to be planted is sodded.
(4)
If the density is too great to enable fifty-six trees to be planted, the Owner shall pay to
the Town $175 for every tree which cannot be planted for tree planting in a public land
area within the community in which the plan is located.
34. _TREE PRESERVATION
(1)
The Owner shall retain, at its own expense, a qualified expert to prepare a Tree
Preservition Program indicating which existing trees shall be preserved.
(2)
The Program shall be submitted to the Director of Planning for review and approval by
the Director of Community Services and Facilities, and, once approved, shall be
implemented as approved only.
(3)
In determining whether or not to approve the Program, the Director shall be governed
by the Town Tree Preservation Policy in effect at the date hereof.
(4)
Until such time as the Program is approved, the Owner shall not commence, nor allow
to be commenced, any aspect of the development of the lands in the plan, including the
removal of any tree.
(5)
In the event that any tree required to be preserved by the approved Tree Preservation
Program is removed or is, in the opinion of the Town's Director of Community Services
and Facilities, damaged to such an extent that its value or longevity is decreased or is
likely to be decreased, then the Owner shall replace that tree with a tree of a height,
diameter and species determined by the Director; such replacement shall be at no cost to
the Town.
(6) The Owner's liability under subsection (5) shall continue until,
(a)
where the lands upon which the tree is located comprise a residential building
lot or block, twelve months after the completion of the sodding on the lot or
block, or
(b)
where the lands upon which the tree is located comprise lands other than a
residential building lot, the expiry of the guarantee period referred to in section
1 of Schedule A of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their respective Corporate Seals
attested to by the hands of their respective authorized officers.
SIGNED, SEALED & DELIVERED
LANDFORD DIXIE SOUTH LTD.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Brace Taylor, Clerk
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I~blCtYMBRANCER - CENTRAL GUARANTY TRUST COMPANY
This Agreement shall have priority over and take precedence over all of the rights or interests of Central
Guaranty Trust Company, 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 instrumem or
document registered on title to the lands affected hereby, or any part of them, prior to the registration of
this Agreement.
Dated at , thls day of ,1991.
SIGNED, SEALED & DELIVERED
CENTRAL GUARANTY TRUST COMPANY
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TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
(1) In this section, "preservicing" means the undertaking, prior to the registration of this
plan of subdivision, of any works or services required to be undertaken by the
~,rovisions ,,of this Agreement, on the Lands or on any lands adjacent thereto, and
'preser~ice has a corresponding meaning.
(2) The Owner may undertake preservicing limited to earthworks (including preliminary
grading, soil movement and storage) only with the prior written approval of the Town
which may be issued by the Town's Legal Services Department only after the Owner
has,
(a) executed this Agreement;
(b) supplied a satisfactory liability insurance policy pursuant to section 18;
(c) provided a Grading Control Plan submission pursuant to section 20 which has
been approved, subject only to the provision of corrected drawings, by the
authorities referred to in section 20(3); and
(d) submitted a Tree Preservation Program pursuant to section 34 which has been
approved by the authority referred to in section 34(2).
(3) The Owner may preservice this project only with the prior written approval of the Town
which may be issued by the Town's Legal Services Department only after the Owner
has,
(a) executed this Agreement;
(b) supplied a satisfactory liability insurance policy pursuant to section 18;
(c) supplied a satisfactory performance and maintenance security pursuant to
section 19;
(d) provided a Grading Control Plan submission pursuant to section 20 which has
been approved, subject only to the provision of corrected drawings, by the
authorities referred to in section 20(3); and
(e) submitted a Tree Preservation Program pursuant to section 34 which has been
approved by the authority referred to in subsection 34(2).
(4) Despite the provisions of subsections (2) and (3), preservicing limited to,
(a) making soil quality and compaction tests,
(b) surveying the boundaries of the Lands and of proposed lots, blocks and roads
thereof,
(c) marking existing and proposed grade elevations,
(d) tests and examinations of the Lands necessary for the preparation of required
pre-development studies,
(e) compliance with an approved Tree Preservation Program;
(f) lawful erection of permitted signs, or
(g) any combination thereof,
shall not require the prior written approval of the Town.
(5)
The Owner shall complete all works, services and requirements under this Agreement,
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(6)
(a)
within one year of the date of registration of the plan of subdivision if
preservicing (except preservicing limited to that described in subsections (2) or
(4), or both) has occurred with or without the Town's approval, or
(b)
within two years of that date if no preservicing (except preservicing limited to
that described in subsections (2) or (4), or both) has occurred,
The Owner shall guarantee all works, workmanship and materials employed or used in
the construction, installation or completion of all works, services and requirements
under this Agreement for a period of two years from the date that the works, services
and requirements are approved in writing by the Town.
DEMOLITION OF EXISTI~NG BUILDINGS
All buildings and structures on the Lands shall be demolished by the Owner, at its sole expense,
prior to the issuance of any building permit.
DWELLING UNIT COUNt_
(1)
In the event that more than fifty-six units (one each on Lots I to 10, 17 to 36 and Lot 43,
two each on Lots 11 to 16, 37 to 42, and one on the lot created by the consolidation of
Block 44 with Block 55, Plan 40M~1271, Picketing) axe to be constructed in this plan
pursuant to this Agreement, an amendment to this Agreement shall be required,
(2)
In the event that less than fifty-six units (as described in subsection 1)) axe to be
constructed in this plan pursuant to this Agreement,
(a) the amounts payable to the Town pursuant to sections 17(1) and 32, and
(b) the amount of the security to be provided to the Town pursuant to section 29,
shall be pro-rated accordingly by the Town without an amendment to this Agreement.
CO-ORDINATED DEVELOPMENT
(1)
Block 44 shall be developed by the Owner only in conjunction with Block 55, Plan
4.0M-1271, Picketing to provide one dwelling unit.
(2)
The development of the lands described in subsection (1) shall be govemed by the
provisions of this Agreement.
(3)
The Owner shall maintain Block 44 in a clean and orderly fashion, to the satisfaction of
and at no expense to the Town.
TEMPORARY TURNING CIRCLE REMOVAL
The Owner shall remove, at its sole expense, the temporary turning circle located immediately
south of Block 68, Plan 40M-1271, Picketing, on Windgrove Square and shall replace any such
circle with permanent services as if it were a road in the plan.
CONSTRUCTION TRAFFIC ACCESS
(1)
Construction traffic serving the development of this plan, including the construction of
buildings thereon, shall not use Maple Ridge Drive in Plan 40M-1271, Picketing nor
that portion of Windgrove Squaxe located in Plan 40M-1271, Pickering, except, in the
latter case only, where such use is restricted to the actual construction, reconstruction,
installation or connection of works and services in or on Windgrove Square, Plan
40M- 1271, Picketing.
(2)
Such construction traffic shall access the Lands through Lots 19 to 26, or any
combination thereof, subject to the approval of the Director of Public Works.
(3)
Vehicle barriers presently existing on that portion of Windgrove Square located in Plan
40M-1271, Picketing, shall remain in place until removal is authorized by the Town.
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(1)
The Owner shall erect the following segment of fencing, within the six months
immediately following the occupancy of the first dwelling unit to be occupied on any
lot in this plan adjacent to that segment, despite the provisions of section I of this
Schedule:
(a) along the west boundary of Lots 18 to 27, inclusive.
(2)
Despite the provisions of subsection (1), where the occupancy of the fa'st dwelling unit
to be occupied adjacent to any fencing segment occurs in November or December of
any year, the time limit for construction of that adjacent fencing segment shall be
extended to June 30 in the following year.
(3)
The fencing segment required to be constructed pursuant to subsection (1) shall be 1.8
metres high wood privacy fencing.
(4)
All fencing required to be constructed by the Owner pursuant to this section shall be
constructed so as to meet or exceed the requirements for swimming pool enclosures as
set out in Past II of the Town's By-law 425/76, as amended from time to time, or any
successor thereto.
CONTRIBUTION TO DOWNSTREAM SERVICE COSTS
The Owner shall, immediately prior to the registration of the plan, pay to the Town the sum of
$4,215 as its contribution to the cost of the construction and maintenance of the Pine Creek
Storm Water Management Project located between Highways 2 and 401.
(The amount set out in section 8 of this Schedule iS valid until August 31, 1991, and is subject to
adjustment in accordance with the Southam Construction Cost Index, Ontario Series, Composite
Portion,from that date to the date of payment.)
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SCHEDULE B
SPECIAL PROVISION REQUIRED BY THE REGIONAL MUNICIPALITY OF DURHAM
The section set out in this Schedule represents a provision not affecting the Town but required to
be inserted in this Agreement by the conditions of draft approval dated October 2, 1990, of Draft
Plan 18T-89119 by the Commissioner of PIarming of the Regional Municipality of Durham.
ONTARIO HYDRO
Ontario Hydro requires that,
(a)
the Owner, prior to the initiation of any filling or grading or construction, erect a
temporary snow fence or other suitable barrier along the boundary of Ontario Hydro's
right-of-way;
(b)
the Owner install a permanent boundary fence along the common boundary with the
Ontario Hydro right-of-way to the satisfaction of Ontario Hydro, after construction is
completed; and
(b)
the Owner not permit encroachment onto Ontario Hydro's property or obstruct Ontario
Hydro's access to its own right-of-way. The proponent (sic) will be responsible for
restoration of any damage to the right-of-way resulting from construction of the
subdivision.
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