HomeMy WebLinkAboutBy-law 3899/91T_HE CORPORATION O~ITHE TOWN OF PICKERING
BY-LAW NO. 3899/91
Being a by-law to authorize the execution of a
Subdivision Agreement and related documentation
respecting the development of Part Lot 33, Concession 1,
Pickering (Garthwood Homes Limited; 18T-84015).
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 33, Concession 1,
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-84015, subject to several conditions, one of which requires the entering into of a
satisfactory Subdivision Agreement with The Corporation of the Town of Pickering, pursuant to the
provisions of the Planning 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 Garthwood Homes Limited and The Corporation of the
Town of Picketing, respecting the development of Part Lot 33, Concession 1, Picketing (Draft
Plan 18T-84015).
The Corporation of the Town of Pickering shall acquire those lands described in section 22 of
the Subdivision Agreement attached hereto as Schedule A, subject to the terms and conditions
and for the purposes set out therein.
3. (1)
The Corporation of the Town of Pickering shall acquire interests in the nature of
easements over those lands described in section 23 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 of the interests referred to in subsection (I).
BY-LAW read a first, second and third time and finally passed this 16th day of December, 1991.
Wayne Am~[s, Mayor
Brace Taylor, Clerk
SCHEIX}LE A
THIS SUBDIVISION AGREEMENT made December 16, 1991,
BETWEEN:
GARTHWOOD HOMES LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the '"l'own"
OF THE SECOND PART.
WHEREAS the Ow.ncr proposes to subdivide pan of Lot 33, Concession 1, in the Town of Pickering, in
the Regional Municipality of Durham, and to register a plan of subdivision of those lands, ns shown on
a draft plan of subdivision designated as Draft Plan Number 18T-84015, and is required, ns a condition
of approval thereof to enter into a subdivision agreement with the Town pursuant to the Planning Act
1985, 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 covennnt and agree one with the other as follows:
The lands affected by this Agreement (the "Lands") are Lots I to 37, both inclusive, Blocks 38 to
58, both inclusive, and Blocks 68, 69 and 70, Plan 40M- , Pickering.
CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before June 30, 1992, the Town may,
at its option on one month's notice to the Owner, declare this Agreement to be null and void and
of no further effect, and the Town shall not be liable for any expenses, costa 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
John Lazaridis, Secretary
Garthwood Homes Ltd.
1811 Spruce Hill Road
Picketing, Ontario
LIV IS5
and
(b) in the case of the Town, to
The Town Clerk
The Corporation of the Town of Pickering
Civic Complex
One The Esplanade
Pickering, Ontario
LIV 6K7
(2)
(3)
Each Party may redesignate the person or the address, or both, to whom or to which
such notice may be given by giving written notice to the other.
Any notice given in accordance with this section shall be deemed to have been given on
the f'u~t business day following the day of delivery or the day of mailing, as the case
may be.
(1)
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 paxt of this Agreement.
Time shall be of the essence of this Agreement.
This Agreement and everything herein contained shall emtre to the benefit of and be binding
upon the Parties hereto, their successors and assigns.
The Owner shall retain a licence from any subsequent purchaser of the Lands, or any pa~t
thereof, to enter upon the Lands in order to comply with the provisions of this Agreement.
OWNER'S GENERAL UNDERTAKING
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.
CONSULTING ENGI2qEERS
(1)
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 thnes during the development and
construction of the project, so long as the Owner has a Consulting Engineer retained at
all times.
10.
(1)
The Owner shall construct a complete storm water drainage and management system,
including storm connections to the street line w'~ "~o~ ba,~,in leads, to service all the
lands in the plan of subdivision, and to provide capacity for lands upstream thereof,
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 shall maintain it, including
cleating 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 to service the Lands and the lands outside
thereof which, in the opinion of the Director of Public Works, will require its use as a
trunk outlet.
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(3)
(4)
(5)
Should, in the opinion of the Director of Public Works, an inadequate stream or
structure exist in the outlet outside the Lands, the Owner may be required to carry out
such works as are necessary to provide an adequate outlet.
The Town may connect or authorize connection into any part of the system but such
connection shall not constitute acceptance of the system by the Town.
No connection under subsection (4), above, shall be undexxaken or authorized prior to
preliminary acceptance of the system by the Town, except in an emergency.
11.
ROAD CONSTRUCTION - ~EI.DRQ~ DRIVE. PINEGROVE AVENUE. SANDHURST
CRESCENT. WESTCREEK DRIVE
(1)
Prior to the installation or construction of the municipal services provided for herein,
the Owner shall rough grade to their full width all of Meldron Drive, Pinegrove Avenue,
Sandhurst Crescent and Westcreek Drive within the plan.
(2)
The Owner shall construct all of Meldron Drive, Pinegrove Avenue, Sandhurst Crescent
and Westcreek Drive within the plan.
(3) 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.
(4) The Owner shall construct a temporary turning circle on,
(a) Meltlron Drive, adjacent to Lots 25 and 26 and Blocks 55, 56 and 60;
(b) Pinegrove Avenue, adjacent to Lot I0 and Blocks 39 to 41 and 62;
(c) Sandhurst Crescent, adjacent to Lots 13 to 16 and Block 61; and
(5)
(d) Sandhurst Crescent, adjacent to Lots 33 and 34 and Blocks 57 to 59.
The Director of Public Works may waive the requirement to construct any of the
turning circles referred to in subsection (3), if in his sole discretion he determines that
construction in the adjacent plan renders the circle unnecessary.
(6)
The Owner shall remove, at its sole expense and to the Town's specifications, any
temporary turning circle located immediately adjacent to the plan on a public highway
to he extended by the Owner into the plan and shall replace any such circle with
permanent services as if the highway were a road in the plan.
(7)
Until assumption by the Town, the Owner shall maintain and repair all of Meldron
Drive, Pinegrove Avenue, Sandhurst Crescent and Westcreek Drive within the plan and
any replaced turning circle adjacent to the plan and keep them clear of mud, dust,
refuse, rubbish or other litter of all types.
(8)
The Owner shall erect and maintain adequate signs to warn all persons using Meldron
Drive, Pinegrove Avenue, Sandhurst Crescent and Westcreek Drive within the plan and
any replaced turning circle adjacent to the plan that the maintenance of them has not
been assumed by the Town from the time that they are opened until formal assumption
by the Town.
(9)
Such signs and the location thereof are subject to the approval of the Town's Director of
Public Works.
12.
(1)
The Owner shall coqstmct curbs and gutters on the rev"- --- parts thereof to be
constructed or reconstructed pursuant to section 11, above, 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 fLU in the original curb
depression.
(1)
The Owner shall construct the following segments of sidewalk in accordance with the
time limits set out in section 1 of Schedule A:
(a)
along the east side of Westcreek Drive and the south side of Pinegrove Avenue
adjacent to Block 69; and
(b) along the north side of Pinegrove Avenue adjacent to Blocks 68 and 70.
(2)
The Owner shall construct the following segm~ms 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:
adjacent to Block 58 and Lots 34 to 37 on the east side of Sandhurst Crescent
(east portion) and the nonh side of Pinegrove Avenue;
(b)
adjacent to Block 56 and Lots 26 to 30 on the east side of Meldron Drive and
the north side of Pinegrove Avenue;
(c) adjacent to Lots 21 and 22 on the north side of Pinegrove Avenue;
(d)
adjacent to Lots I to 9 and Blocks 38 to 40 on the west side of Westcreek Drive
and the south side of Pinegrove Avenue; and
(e)
adjacent to Block 41, Lots 10 to 14 and Block 48 on the north-west side of
Pinegrove Avenue and the south side of Sandhurst Crescent (west portion).
(3)
Desphe 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 segmeht until it is formally accepted by the
Town.
14.
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 Picketing Hydro-Electric Conunission, Picketing Cable T.V. Limited or Bell
Canada, as the case may he.
15. ~
(1)
The Owner shall install street lights, including poles and other necessary appurtenances
on Meldron Drive, Pinegrove Avenue, Sandhurst Crescent and Westcreek Drive in 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 and upgrading of street lighting and its related services shall be under
the supervision and inspection of Picketing Hydro-Electric Commission.
(1)
Prior to the registration of the plan, the Owner shall pay to the Town the sum of $1,540
as an engineering drawing inspection fee.
(2)
All works required to be constructed, maintained or repaired by the Owner, except those
referred to in sections 14 and 15, shall be constructed, maintained or repaired 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.
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(3) The costs referred to in subsection (2) may include, but not necessarily be limited to,
salaries and ,~ages of Inspectors, testing fees and administration fees.
17.
LIABILrrY INSURANCE
(l)
Before commencing any of the work provided for herein, the Owner shall su~aply the
Town with a Certificate of Insurance verifying that a Liability Insurance Pohcy is in
place in 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 sh. ail pay the cost
of such renewal or renewals within 30 days of the account therefor betas rendered by
the Town.
(4)
It shall be the responsibility of the Owner to notify the Town of the dates for the
renewal of the premium of the policy and to supply proof th.a.t the premium of the policy
has been paid in order that the protection provided by the policy shall not lapse.
18.
PERFORMANCE & MAINTENANCE GUARANTEE
(l)
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 Director of Public Works (the "original value") for the purpose of,
(a)
guaranteeing the satisfactory construction, installation or performance of the
woi'ks;
(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 he 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.
(2)
The Owner may, at any time after the fLrst 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.
(3)
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 mnount 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) thirty-five per cent (35%) of the original value where,
(i)
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 he
retained by the Town have expired or have been satisfied, discharged
or provided for by payment into court;
and
(,4)
(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 m~klng of such certificate have expired; and
(iii)
all liens that may be claimed against any holdback required to be
retained by the Town have expixed 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 and 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 requked 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.
19.
STORMWATER CONTROL. DRAINAGE & SODDING
(1)
The Owner shall provide to the Town, before commencing any of the work provided for
herein and prior to the commencement of the development of the plan a Grading
Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed
grading of the lands within the plan to provide for the proper drainage thereof and the
drainage of all adjacent lands which drain through the lands in the plan.
(2)
The Grading Control Plan shall he prepared in accordance with the Town's Lot
Drainage SpeciFications in effect at the date of this Agreement, 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 Director of Community Services and Facilities, that surface nm-off water.
(3)
The Grading Control Plan is subject to the approval of the Town's Directors of Public
Works and Community Services and Facilities.
(4)
The grading of all lands shall he carried out by thc Owner in accordance with the
approved Grading Control Plan, under the supervision of the Owner's Consulting
Engineer.
(5)
IL in the opinion of the Director of Public Works, drainage problems occur prior to
formal acceptance of the works by the Town, the Owner shall correct them by
re-grading or by the construction of catch basins, swales or other structures as may he
necessary to correct such problems.
(6)
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 ftrst 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 he extended to June 30 in the following year.
20.
INCOMPLETE OR FAULTY WOP,~K
(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 he completed within the specified time, or is
improperiy 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 writing of such default or neglect and ff such
notification he without effect within 10 clear days after such notice, then in that
6
(2)
(3)
(4)
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 he
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 he forthwith notified,
The cost of such work shall be calculated by the Director of Public Works whose
decision shall be fmal.
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 assmning 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.
21.
Upon the registration of the plan, the Owner shall dedicate Meldron Drive, Pinegrove Avenue,
Sandhurst Crescent and Westcreek Drive as public highways under the jurisdiction of the Town.
22.
TRANSFERS - CONVEYANCES
(I) Upon the registration of the plan or within the 30 days immediately following the
registration thereof, the Owner shall convey to the Town, free and clear of all
encumbrances and at no cost to the Town, all of,
(a) Blocks 59 and 61 (Sanclhurst Crescent reserves);
(b) Block 60 (Meldron Drive reserve);
(c) Blocks 62 and 6~ (Pinegrove Avenue reserves); and
(b) Block 63 (Westcreek Drive reserve).
(2) Notwithstanding the provisions of subsection (I), any transfer required therein shall not
be deemed to be subject to an encumbrance if that encumbrance relates in any way to
the existence or maintenance of a public utility in operation as of the date of this
Agreement.
23.
TRANSFERS - EASEMENT~
(l)
The Owner shall a~rrange 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 Lands and across lands adjacent thereto but outside those boundaries.
(2)
Such easements shall be subject to the approval of the Dffector of Public Works or his
designate as to their location and width.
(3)
The construction of any services in such easement or easements referred to in
subsection (1) shall not conunence 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.
24.
GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave all driveway approaches between the curb and sidewalk or, where no sidewalk
is to be provided, between the curb and the lot line.
7
(b)
(c)
(d)
(0
(g)
(h)
(i)
O)
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.
Public Lands - Fill & Debris
(i)
Neither to dump nor to 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 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.
Qllalitative 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 days of the account being rendered by the Town.
(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 thel'eto, 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.
To provide and erect at its own cost, to the specifications of the Town, temporary signs
of such nature and at such locations as may be designated by the D~rector of Public
Works.
To provide and erect at its own cost, to the specifications of the Town, 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, if any,
noted thereon.
Snow Plowing & Salting of Roads
(i)
IL in the opinion of the Director of Public Works, the condition of the road
surface of any of Meldron Drive, Pinegrove Avenue, Sandhurst Crescent and
Westcreek Drive within the plan is not acceptable for winter control, to snow
'plow and salt that road from any occupied buildings adjacent thereto to Altona
Road.
(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
road is acceptable to the Director of Public Works for winter control.
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(k)
Survey Monuments & Markers
Prior to the acceptance of the subdivision by the Town, to supply a statement by an
Ontario Land Surveyor that, after the completion of the subdivision work, he has found
or re-established 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.
25.
CONSTRUCTION & OCCUPANCY OF BUILDINGS
O)
No building permit shall be issued for any building or part of a building on the Lands
until,
(a)
sewer and water facilities ate available, and in the opinion of the Director of
Public Works, capable of providing adequate service;
(b)
an asphalt base has been laid on the road immediately in from of the building
or part thereof and extended to an existing maintained road; and
(c)
the Owner has paid to the Town the applicable development charge for each
dwelling in that building or part thereof in accordance with By-law 3854/91,
enacted pursuant to Development Charges Act 1989, S.O. 1989, chapter 58.
(2)
No building or part of a building on the Lands shall be occupied except upon the
issuance of a municipal occupancy permit.
(3)
No application for a municipal occupancy permit for a building or part of a building
shall be made except upon the following conditions:
(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 on the road immediately
in front of the building or pan thereof and extended to an existing maintained
public road.
(4)
The Owner shall maintain vehicular access to all occupied buildings on the Lands until
the roads in the plan are formally assumed by the Town.
26.
DESIGN PLANNING - RESIDENTIAL UNITS AND NOISE AITENUATION STRUCTURES
(1) The Owner shall, prior to,
(a)
the issuance of any building permit for the construction of any residential unit
on the Lands, and
(b)
the construction of any noise attenuation structure in or adjacent to the plan of
subdivision,
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 he
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)
(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.
9
(4)
The plans and drawings referred to in subsection (3) may be required, at the Director's
option, to provide the following information:
(a)
(h)
(c)
(d)
(e)
(0
the location of all buildings and structures to he erected and the location of all
facilities and works associated therewith;
the location of landscaping features, including trees to he preserved;
streetscape for front and rear elevation at a scale acceptable to the Director;
streetscape to show all street furniture and vegetation;
the relationship of buildings by blocks; and
any other data or information reasonably required.
GENERAL PROVISIONS - FINANCIAL MATTERS
(1) The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands in the plan of subdivision as required by
law from time to time.
(b) ~
To prepay prior to the registration of the pla. n any outstanding local
improvement charges levied against any of the lands m the plan of subdivision.
(c) Interest
To pay interest at the rate of eighteen per cent (18%) per annum to the Town on
all sums of money payable hereunder which are not paid on the due dates
calculated from such due dates.
(d) ~
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.
(e) ~
Upon applying for final acceptance of the subdivision, to supply the Town with
a Statutory Declaration that all accoums 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.
(2) ~
As of the date of this Agreement, the applicable development charge for each of the
forty-four dwelling units to be constructed on the Lands pursuant hereto (one each on
Lots I to 37 and one each on the lands described in Items 1, 2, 4, 13, 14, 15 and 16 of
the Table in subsection 5(1) of Schedule A hereto) is $4,582, which amount shall be
adjusted annually as of October 8th each year, in accordance with the Engineering News
Record Cost Index (Toronto).
28.
EXPIRY OF SECURfHES
(1)
She,,~.~ ,-.-y security required to be provided hereunder expire before the Town releases
the Owner from the terms and conditions hereof, the Owner shall provide to the Town at
least 30 days in advance of the expiry 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.
10
29. PARKLAND DEDICATION
Prior to the registration of the plan, the Owner shall,
(a)
obtain at its expense a written appraisal, prepared by a professional land value appraiser
acceptable to the Town, of the value of all the land in the plan a~ of July 11, 1988, and
(b)
pay to the Town a sum equal to 5% of that value, which sum the Town shall accept in
full satisfaction of the Owner's obligation to provide parkland for the development of
Lots I to 37, both inclusive, Blocks 38 to 58, both inclusive, and Blocks 68, 69 and 70.
30. TI~a~ELA~I~:t~
(1)
The Owner shall plant in the boulevard on roads within the plan forty-four trees of a
size and type acceptable to the Town,
(2)
A schedule of the Owner's tree planting scheme shall he 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 forty-four 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.
31. TREE PRESERVATION
(i)
The Owner shall retain, at its own ex.pense, a qualified expert to prepare a tree inventory
and a Tree Preservation Program indicating which existing trees on the lands in tbe plan
shall be preserved.
(2)
The inventory and Program shall he 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 govemed
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 he 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 b,y the approved Tree Preservation
Program is removed or is, in the opimon of the Town s Director of Community Services
and Pacilities, 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 Dixector: 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 expi~ of the guarantee period referred to in section
I of 5"~'-'*'"'~ a of this Agreement.
1!
l]q WTI'NESS WHEREOF, the Parties hereto have hereunto affixed their respective Corporate Seals
attested to by the hands of their authorized officers.
SIGNED, SEALED & DELIVERED
GARTHWOOD HOMES LTD.
John Lazaridis, Secretnry
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Brace Taylor, Clerk
ENCUMBRANCER - 790723 ONTARIO LTD.
This Agreement shall have priority over and take precedence over all of the rights or interests of 790723
Ontario Ltd. 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 instnunent or document
registered on title to the lands affected hereby, or any pa~ of them, prior to the registration of this
Agreement.
Dated at , this day of ,1991.
SIGNED, SEALED & DELIVERED
790723 ONTARIO LTD.
12
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
~,rovisinns ,,of this Agreement, on the Lands or on any lands adjacent thereto, and
preservice has a corresponding meaning.
(2) The Owner may undertake preservicing limited to eanhwurks (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 Depa~ment only after the Owner
has,
(a) executed this Agreement;
(b) supplied a satisfactory liability insurance policy pursuant to section 17;
(c) provided a Grading Control Plan submission pursuant to section 19 which has
been approved, subject only to the provision of corrected drawings, by the
authorities referred to in section 19(3); and
(d) submitted a Tree Preservation Program pursuant to section 31 which has been
approved by the authority referred to in section 31{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 17;
(c) supplied a satisfactory performance and maintenance security pursuant to
section 18;
(d) provided a Grading Control Plan submission pursuant to section 19 which has
been approved, subject only to the provision of corrected drawings, by the
authorities referred to in section 19(3); and
(e) submitted a Tree Preservation Program pursuant to section 31 which has been
approved by the authority referred to in subsection 31(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,
(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
13
(6)
(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 s.hall guarantee all works, workmanship and materials employed or used in
the constmctzon, 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 EXISTING BUILDINGS
All buildings and structures on the lands in the plan of subdivision shall be demolished by the
Owner, at its sole expense, prior to the issuance of any building peri'nit.
RESERVED FUTURE DEVELOPMENT BLOCKS - BLOCKS 44 TO 48
(1)
Blocks 4~ to 48, both inclusive, shall he reserved for future residential development;
such development shah not commence without the prior written approval of the Town
which may be subject to conditions.
(2)
Until such time ns Blocks 44 to 48 are developed in accordance herewith, the Owner
shall maintain them in a clean and orderiy condition to the satisfaction of the Town.
RELEASED FUTURE DEVELOPMENT BLOCKS -
BLOCKS 38 TO 43 AND 49 TO 58
(1)
The blocks set out in Column I of the following Table shall he developed only in
conjunction with the lands described in Column H thereof, to provide the number of
units set out in Column III thereof:
1, Block 38
2. Block 39
3. Block 40
4. Block 41
5 Block 42
6. Block 43
7. Block 49
8. Block 50
9. Block 51
10. Block 52
11. Block 53
12. Block 54
13 Block 55
14. Block 56
15. Block 57
16. Block 58
Block 21, 18T-84018
Block 20, 18T-84018
Block 19, 15T-84018
Block 18, 18T-84018
Block 17, 18T-8,4018
Block 15, 18T-84018
Block 12, 18T-84018
Block 57, 18T-84018
Block 58, 18T-84015
Block 59, 18T-84018
Block 60, 18T-84015
Block 61, 18T-8,4018
Block 62, 18T-8,4018
Block 63, 18T-84018
Block 64, 18T-84018
Block 65, 18T-84018
Block 68, 18T-84018
Phase I I
Phase 1 1
Phase I 1
Phase I 1
Phase I 1
Phase 1, and 1
Phase 2
Phase 3 1
Phase 3 1
Phas~ 3 1
Phase 3 1
Phase 3 1
Phase 3 1
Phase 3 1
Phase 3 1
Phase 3 1
Phase 3 I
(2)
The development of the lands described in Columns I and Il of Items 1, 2, 4, 13, 14, 15
and 16 of the Table in subsection (1) shah be governed by the provisions of this
Agreement.
(3)
The development of the lands described in Columns I and H of Items 3 and 5 of the
Table in subsection (1) shall be guvemed by the provisions of the Subdivision
Agreement respecting Draft Plan 18T-84018,
(4)
The development of the lands described in Columns I and II of Item 6 of the Table in
subsection (1) shall be guvemed by the provisions of the Subdivision Agreement
respecting Draft Plan 18T-84018, Phase 2.
The development of the lands described in Columns I and H of Items 7 to 12 of the
Table in subsection (1) shatl be guvemed by the provisions of the Subdivision
Agreement respecting Draft Plan 18T-84018, Phase 3.
14
ADJUSTMENTS FOR VARIATION IN EXPECTED NUMBER OF DWELLING UNITS
(i)
This Ag~ement has been entered into in the expectation that forty-four dwelling units
are to be constructed on the Lands pursuant to this Agreement (one each on Lots I to 37
and one each on the lands described in Items 1, 2, 4, 13, 14, 15 and 16 of the Table in
subsection 4(1) of this Schedule).
(2)
In the event that more or less than forty-four units (as described in subsection (1)) are
constructed in this plan pursuant to this Agreement,
(a) the amounts payable to the Town pursuant to subsections 16(1) and 30(4), and
(b) the number of trees to be planted pursuant to subsection 30(1),
shall be pro-rated accordingly by the Town without an amendment to this Agreement.
(3)
Where the rextuirements referred to in subsection (2) am pro-rated by the Town, the
Town shall notify the Owner of the pro-rated requiremems and the Town and the Owner
shall comply therewith as i~ the pro-rated requlremen~ were the origimd requhements
provided herein.
TOWN
(1)
(2)
(3)
CONTRIBU'I~ON TO CONSTRUCTION COSTS - PIHF. KIROVE CULVERT
Included within the storm water drainage and management system required to be
constructed by the Owner pursuant to section 10 of this Agreement is the construction
of a major culvert (the "Pinegrove Culvert") to enable Petticoat Creek to pass under
Pinegrove Avenue within the plan.
As the Pinegrove Culvert is not a local service but rather a growth-related service the
net capital cost of which forms the basis, in part, of the Town's Development Charge,
the Town shall pay to the Owner,
(a)
ninety per cent (90%) of the reasonable cost of the design and constructibn of
the culvert where,
(i)
a certificate or declaration of substantial performance has been
published;
(ii) 45 days following such publication have expired; and
(iii)
all liens that may he claimed against any holdback required to he
retained by the Town have expired or have been satisfied, discharged
or provided for by paymem into court;
and
(b)
the balance of that cost, less any deductions for rectification of deficiencies,
where,
(i)
the 2 year maintenance period respecting the construction of the
culvert has expired, or the Owner has provided to the Town a $50,000
security in the form of an irrevocable letter of credit issued by a
chartered bank in Canada for the purpose of guaranteeing all works,
workmanship and materials respecting the culvert during the
maintenance period;
(ii)
a certificate of final completion has been made by the Owner's
Consulting Engineer;
(iii) 45 days following the making of such certific:.'_ ~__.: expired; and
(iv)
ail liens that may he 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.
Notwithstanding the generality of this section, or of any other section of this Agreement,
(a)
no amount shall be paid by the Town to the Owner under this section prior to
Sune 30, 1993;
15
(b)
(c)
no amount shah be paid by the Town to the Owner under this section unless the
Town shall have first obtained the approval of all requisite authorities to the
raising of sufficient monies as may be necessary to make such payment or
payments; and
the total of the amounts payable to the Owner by the Town under subsection
(2), above, shall not exceed $500,000.
TOWN CONTRIBUTION TO CONSTRUCTION COSTS - PINEGROVE TRUNK STORM
(1)
Included within the storm water drainage and management systems mc~uired to be
constructed by the Owner pursuant to section 10 of this Agreement and section 10 of the
Subdivision Agreement respecting Draft Plan 18T-84018 (Phase 1) is the construction
of an oversized storm sewer (the "Pinegrove Trunk Sewer") along Pinegrove Avenue
from Block 23 in Draft Plan 18T-84018 (Phase 1) to Altona Road, and along the west
side of Altona Road from Pinegrove Avenue to Petticoat Creek.
(2)
As the oversizing of the Pinegrove Trunk Sewer is not a local service but rather a
growth-related service thc net capital cost of which forms the basis, in part, of the
Town's Development Charge, the Town shall pay to the Owner,
(a)
ninety per cent (90%) of the reasonable cost of the design and construction of
the oversizing of the trunk sewer where,
(i) 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 paymenrinto court;
and
(b)
the balance of that cost, less any deductions for rectification of deficiencies,
where,
0)
the 2 year maintenance period respecting the construction of the trunk
sewer has expired, or the Owner has provided to the Town a $30,000
security in the form of an in'evocable leuer of credit issued by a
chartered bank in Canada for the purpose of guaranteeing aH works,
workmanship and materials respecting the trunk sewer during the
maintenance period;
(fi)
a certificate of f'mal completion has been made by the Owner's
Consulting Engineer;
(iii) 45 days following the making of such certificate have expired; and
(iv)
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.
(3) Notwithstanding the generality of this section, or of any other section of this Agreement,
(a)
no amount shall be paid by the Town to the Owner under this seclion prior to
June 30, 1993;
(b)
no amoum shall be paid by the Town to the Owner under this section unless the
Town shall have first obtained the approval of ali requisite authorities to the
raising of sufficient monies as may be necessary to make such payment or
payments; and
(c)
the total of the amounts payable to the Owner by the Town under subsection
(2), above, shall not exceed $300,000.
16
SPECIAL PROVISIONS REQUIRED BY THE REGIONAL MUNICIPALITY OF DURHAM
The sections set out in this Schedule represent provisions not affecting the Town but required to
be inserted in this Agreement by the conditions of draft approval dated June 28, 1988. as
amended Suly 12, 1988, of Draft Plan 18T-84015 (revised) by the Commissioner of Planning of
the Regional Municipality of Durham (herein called the "Approval").
METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY
M.T.R.C.A. requires that,
(a)
the Owner shall carry out or cause to be carried out, to the satisfaction of M.T,R.C,A.,
the recommendations referred to in the report requi~d in Condition 11 of the Approval
and apply for all necessary permits;
(b)
the Owner shall not place f'di, grade, construct any buddings or structures without prior
written approval being given by M.T.R.C.A.;
(c)
the Owner shall submit individual lot, site and grading plans to M.T.R.C.A. for its
review and approval for Lots 34 to 37 and Block 58. These plans shall be submitted
prior to the issuance of building permits by the Town. No building openings will be
permitted below 129.2 metres on these lots; and
(d)
the Owner shall, prior to the initiation of any grading or construction, erect a temporary
snow fence or other suitable barrier along the rear boundary of Lots 34 to 37 inclusive
and Block 58 and along both sides of Pinegrove Avenue east of Westcreek Drive.
Ivi]IN~S'IT.Y OF NATURAL RF.,SOURCF_.$ ¢"M.N.R.")
M.N.R. requires that,
(a)
the Owner shall carry out or cause to be carried out, to the satisfaction of M.N.R., the
recommendations referred to in the report required in Condition 16 of the Approval; and
(b)
the Owner shall maintain all stormwater management and erosion and sedimentation
control structures operating and in good repair during the construction period, in a
manner satisfactory to M,N.R,, and shall advise M.N.R. 48 hours prior to
commencement of grading or the initiation of any on site work~,
17