HomeMy WebLinkAboutBy-law 5084/97REPEALED BY ,_.
REPEALS .
AMENDED BY ~ , ,
AMENDS
DISPOSITION
THE CORPORATION OF THETOWN OF pICKERINO
BY-LAW NO. 5084/9~
Being a by. law to authorize the execution of a Subdivision
~Igreement and related dacumentatton respecting the
d~velopmem of part of Lot $1, Concession 1, Pickering
[Cougs Investments £td. - 18T-94004].
WHEREAS the proposal to subdivide and register a plan of subdivision of part of Lot 31, Concession 1,
Picketing, has been approved by the Commissioner of Planning of The Regional Municipality of
Durham as Draft Plan 18T-94004, subject to several conditions, one of which requires the entering into
of a satisfactory Subdivision Agreemem with The Corporation of the Town of Picketing, pursuant to the
provisions of the Planning Act, R.S.O. 1990, chapter P. 13 section 52(6) and
WHEREAS, pursuant to the provision of the Municipal Act, R.S.O. 1990, chapter M.45, section 191 (1)
the Council of the Corporation of the Town of Pickering 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:
1. (a) The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement
substantially in accordance with the tbrm attached hereto as Schedule A, between Cougs
Investments Ltd. and The Corporation of the Town of Pickering, respecting the
development of part of Lot 31, Concession, Picketing, being Draft Plan 18T-94004.
(b) The Corporation of the Town of Pickering shall acquire those lands or interests in the
lands referred to in section 34 and identified in Schedule A of that Subdivision
Agreement subject to the terms and conditions and for the purposes set out therein.
2. The Mayor and Clerk are hereby authorized to execute Transfers/Deeds of Easement in the form
attached hereto as Schedule B, effecting the acquisition by The Corporation of the Town of
Picketing of any interests in the nature of storm drainage works easements in the land comprising
Dratt Plan 18T-94004.
BY-LAW read a first, second and third time and finally passed this 5th day of August, 1997.
TOWN OF' '
~~ Wayne Arthur', Mayor
,. , : 8c~e. A
SUBDIVISI°N AGREEMENT made August 5, 1997, pursuant to the provisions of section 51 of tl~
:Piannlng.~et, R;S,O, i990, chapter P.13,
BETWEEN:
COUGS 'NVESTMENTS LTD~
herein called ch~: "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to subdivide part of Lot 31, Concession 1, in the Town of Pickering, 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 l 8T-94004, and is required as a condition of approval thereof
to enter into a subdivision agreement with the Town pursuant to section 51 of the Planning Act, R.S.O. 1990,
chapter P. 13;
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:
PART 1 - INTERPRETING AND APPLYING THIS AGREEMENT
1. LAND AFFECTED
The lands affected by this Agreement (the "Lands") are Lots 1 to 10 inclusive, Plan 40M- ,
Picketing.
2. STATUS OF THIS AGREEMENT
(1) In the event the plan of subdivision is not registered on or before April 5, 1998, this Agreement
shall be null and void and of no further effect, and the Town shall not be liable for any expenses,
costs or damages suffered by the Owner as a result thereof.
(2) This Agreement is entered into and executed by the Owner for the purpose of having the Town
act in reliance on the covenants by the Owner contained herein and the Owner hereby waives any
right or claim which it now has or may hereinafter acquire which is inconsistent with the terms of
this Agreement.
(1) Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as "h~",
"she", "they", "him", "her" or "them", and the number of the verb agreeing therewith shall be
construed a~cordingly.
(2) Schedules A, B, C, D and E attached hereto shall form part of this Agreement.
(3) Time shall be of the essence of this Agreement.
4. BINDING PARTIES
This Agreement shall be enforceable by and against the Parties hereto, their heirs, executors,
administrators, successors and assigns, and the Agreement and all the covenants by the Owner contained
herein shall nm with the Lands for the benefit of the Town and the land or interests in land owned by the
Town upon the registration oftbe plan.
5. 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
Jerimiah F. Coughlan, President
Cougs Investments Ltd.
27 Buggey Lane
Ajax, Ontario
LIS 4S7
and
(b) in the case of the Town, to
The Town Clerk
The Corporation of the Town of Picketing
Pickering Civic Complex
One The Esplanade
Picketing, Ontario
LIV 6K7
(2) 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.
(3) Any notice given in accordance with this section shall be deemed to have been given on the
second day following the day of delivery or the day of mailing, as the case may be.
6. LI___CENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to
enable the Owner and th~ Town's inspectors to enter upon the Lands in order to comply with the
provisions of this Agreement.
The Owner shall complete in a good workmanlike manner for the Town, all thc municipal services as
h~er s~t forth to the satisfaction of'the Town, and shall complete, perform or make payment for
such other matg~'~ as may be provided for herein.
$. OWNER'S EXPOSE
Every provision of this Agreement by which the Owner is obligated in any way shall be deemed ~o
include the words "at the expense of the Owner ~nd at no expense to the Town" unless the context
requires otherwise.
PART 2 - CONSTRUCTING THE TOWN'S SERVICES
9. ~O.NSULTING ENGINEERS
(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 the work required to be done for the
development and construction of the project.
(2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work
required to be done for the development and construction of the project is completed and
formally accepted by the Town.
(3) The Owner may change 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. CONSTRUCTION / INSTALLATION OF TOWN WORKS AND SERVICES
(1) The Owner shall obt~Sn all required approvals and shall construct or install to Town standards
and shall provide to the Town, complete in every detail, the following Town works and services
(the "Works") as shown on plans submitted by the Owner's Consulting Engineer to the Town and
approved by the Town's Director of Public Works in accordance with the Town's specifications
for such Works:
(a) Town roads within the plan, complete with all signs and other appurtenances;
(b) Town roads adjacent to the plan and not separated from the plan by a reserve or reserves,
complete with all appurtenances;
(c) removal and replacement of any temporary turning circle located immediately adjacent to
the plan on a Town road to be extended into the plan;
(d) street storm sewers on roads referred to in (a) and (b), complete with curbs, gutters,
catchbasins and manholes;
(e) storm water drainage and management system serving the lands in the plan and lands
outside the plan but draining through the plan, complete with detention or retention
facilities, quality control devices and outlets;
(f) boulevards and sidewalks on Town roads within the plan, on Town roads adjacent to the
plan but not separated from the plan by a reserve or reserves, and on Town roads to ~
oxtended into the plan where the Owner is required to remove and replace a temporary
turning circle;
'~-peratad from the pla~ by a re.rye or re.ryes, and on Town roads to be ext~r~ded into
the plan where the Owner is required to remove end replace a temporary tumin~ circle;
(h) strut tree planting on Town ro~ within the plnn, on Town roads adjacent to thc plan b~t
not separated from the plan by a reserve or reserves, end on Town roads to be extended
into the plan where the Owner is required to remove end replace a t~mporary tttmin~
(i) welkways on walkway blocks and park entrances, complete with walkway fencing and
lighting; and
(j) other fencing, including,
(i) £cncing adjacent to commercial sites, school sites, parks, open space, sturm water
management £acilitics and roads adjacent to the plan and separated ~rom thc plan
by a reserve or reserves, and
(ii) noise attenuation fencing.
(2) If at any time prior to thc acceptance of the Works, the Town*s Director o£Public Works is o£thc
opinion that additional works arc necessary to provide adequately any of the public services
required by thc project, thc Owner shall construct, install or per£orm such additional works at the
request of the Director.
(3) All Works shall be constructed and installed in accordance with the Town's specifications and in
n good and workmanlike manner under the supervision of the Owner's Consulting Engineer and
under the observation of the Town's inspectors or, in the case of street lighting, Pickering Hydro's
inspectors.
(4) The Owner shall conduct video inspections of all underground services required to be
constructed or installed hereby and shall provide a VHS-format videotape record of those
inspections to the Town.
(5) The Owner shall pay to the Town the Town's costs of inspection, including but not necessarily
limited to, salaries and wages of inspectors, testing fees and administration fees, within 30 days
of invoices being rendered.
GENERAL REGULATIONS RESPECTING SERVICING
(1) The construction of Town roads shall include the construction of paved driveway approaches
between thc curb and side'.~:alk or, where no sidewalk is to be provided, between the curb and the
lot line.
(2) Where the construction or installation of services involves a continuation or extension of existing
services, the Owner shall join into the existing services, including adju.~nent of grades where
necessary, in a good and workmate manner.
(3) Thc Owner shall not dump nor permit to be dumped any fill or debris on, nor remove or permit
to be removed any fill from, any public lands, other than in thc actual construction of roads in the
project without the written consent of the authority responsible for such lands~
(4) The Owner shall not burn nor permit to be burned any refuse or debris within the project or
adjacent to it.
(5) ~ Town's~ Director of Public Works: tony have qunlitative or quanti~e~ive tests made of any
materials which hav~ be~n or ere proposed to be used in the construction or installation of any
~d. the cost of such. tc~s shall be peid by the Owner within
(6) The Owner shall pay, within 30 days of invoices being rendered, the costs of,
(a) relocating any existing services or utilities required to be relocated by thc construction or
installation of Works, services, or utilities in the project, and
(b) moving any Works, services or utilities installed in driveways or so close thereto, in thc
opinion of the Town's Director of Public Works, as to interfere with thc use of thc
driveway.
(7) Unless otherwise provided herein, the Owner shall perform any work required to be done under
this Agreement to the specifications of the Town in effect at the date hereof.
(8) The Owner shall provide and erect temporary signs of such nature and at such locations as
designated by the Town's Director of Public Works.
12. ELECTRICAL SERVICES
Where electricity, cable television service or telephone service ~s to be provided to any lot or block in the
project, it shall be provided underground and in accordance with the standards and specifications of
Picketing Hydro-Electric Commission, Trillium Cable T.V. Limited or Bell Canada, as the case may be.
13. TREE INVENTORY / TREE PRESERVATION PROGRAM
(1) The Owner shall aubmita Tree Inventory and a Tree Preservation Program prepared by a
qualified expert, and based upon the Town-approved Grading Control Plan, indicating which
existing trees in the project may be preserved to the Town's Director of Public Works for the
review and approval of the Town's Director of Planning and Director of Parks and Facilities, and
shall implement the Program as approved only.
(2) Until the Tree Preservation Program is approved the Owner shall not commence, nor allow to be
commenced, any aspect of the developmem of the lands in the project, including the removal of
any tree.
(3) 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 Parks 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.
(4) The Owner's liability under subsection (3) 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 issuance by the Town of the Final Acceptance Certificate.
14. GRADING CONTROL PLAN / LOT DRAINAGE ~qD SODDIN__Q
(1) The Owner shall submit to the Town, for the approval of the Town's Director of Public Works, a
Grading Control Plan (including a geotechnical soils analysis) prepm'ed by the Owner's
Consulting Engineer, establishing the proposed grading of the lands in the project to provide for
the proper drainage thereof and the drainage of all adjacent lands which drain through the lands
in th.~ project.
.' (2) TI~ Onldin8 Control Plan ahall b~ prepared in ~o~ ~ ~ To~'s ~i D~
~lfi~ ~ ~1 ~t ~vi~ for ~ ~o of s~ ~ff ~ ~ To~-o~
~. o~n s~ or w~kway, ~,, provi,ion i, ~ for t~ ~l~ion by ~ Ow~r. ~
~ co~ m ~ To~, of s~mbl~ swa~ ~d ~h ~i~ ~ ~e ~ly, in ~ opi~on of
~. ~e To~'s Di~mr ofP~ ~d F~ilitie~ ~ s~ ~-off wa~r.
(3) Tho O~or ~1 ~ ~1 ~ 1~ in ~e proj~t ~ ~ce wi~ ~ approv~ Gr~i~
Con~l Pt~. ens~n~ ~t su~cient to, ii ~ns ~ cov~ on ali ~ of ~e project in~a~
.. for ~dding, g~ing, or o~r p~ting.
(4) If&e To~ dete~ines ~t,
(a) ~ing ~ not b~n done ~ ~cor~ce ~th ~e Gr~ing Control PI~,
grading ~ ~n done in accor~ ~ ~e Grading Consol Pi~ but ~i~ge
problems rem~n, or
(c) sufficient topsoil has not ~en le~ in the appropriate ~,
&e Owner ~11 re-grade ~e project, or p~ ~emof affected, adding a sufficient ~o~t of
topsoil if n~cess~, or cons~ct catch b~ins, sw~es or other st~ct~es ~ may be nccess~ to
co.cci such problems, ~ digcted by thc Town's Director of Public Works.
(5) ~e O~cr shall sod the front, side and re~ y~ds of each of the residential lots ~d blocks in ~e
project except for ~ved, pl~ted or treed ~eas prior to the occup~cy of thc dwelling ~il
lo~ted ~con or within the six months immediately therea~er except, where the occup~cy of
· e dwelling unit ~c~s in November or December of ~y year. ~e time limit for sodding may
~ extended to June 30 in the following ye~,
15. AUTHORIZATION TO COMMI~NCE WORK.
The Owner shall not commence the corlstruction or installation of any of the Works without the written
Authorization to Commence Work of the Town's Director of Public Works, which Authorization shall
not be issued until:
(a) four red-lined copies of this Agreement executed by the Owner and all Encumbrancers have been
provided to the Town to the satisfaction of the Town Solicitor;
(b) all of the insurance requirements outlined in section 24 together with any securities required by
this Agreement have been provided to the satisfaction of the Town Treasurer and the Town
Solicitor;
(c) all approvals and l~rmits have been obtained by the Owner from the MinistD of the
Environment, the Ministry of Natural Resources and the Metropolitan Toronto ar, d Region
Conservation Authority, or a certificate has been provided by the Owner's Consulting Engineer
that no such approvals or permits are required, along with all approvals required by this
Agreement;
(d) conveyance of good title, free and clear of all encumbrances, to the Town, of all n~essary
F_,aaoments and Transfers of interests in lands lying outside of the Lands as identified in Schedule
A; mM
(e) the Owner's Solicitor has provided, at the Owner's expense, a certificate of clear title, to the
satisfaction of the Town Solicitor, of all the lands and interests of lands conveyed to the Town,
lying outside of the lands, aa m~t out in Schedule A hereto.
UliE OF WO~ PENDP~O COMPLETION / EMERGENCY REPAIIL~
(I) Any of the Works may be used by the Town, or by such oth~r per~n or agency as may be
authorized by the Town's Director of Public Works, t'or tbe purposes for which the Works a~
daigned, and such u~ shall not be deemed an $~eptance of any of the Works by the Town, nor
an a~umption by the Town of any liability in connection therewith, nor a release of the Owner
from any of its obligation~ under this Agreement,
(2) The Town may make emergency repairs at any time to any of the Works and may fbr this
purpose enter the Lands at any time; such repair or entry shall not be deemed an acceptance of
any of the Works by the Town, nor an assumption by the Town of any liability in connection
therewith, nor a release ct' the Owner from any of its obligations under this Agreement.
17. INTERNAL / EXTERNAL ROAD MAINTENANCE AND REPAIR / SNOW PLOWING
(1) Throughout the term of this Agreement, the Owner shall,
(a) maintain all Town roads within the project in a mud and dust free condition and free of
obstructions, regardless of the source or cause of any mud, dust or obstruction;
(b) maintain all Town roads outside the project, including boulevards, in a mud and dust free
condition and lYee of obstructions, where the source or cause of tile mud, dust or
obstruction is an o~ration or operations related in any way to Che development of the
project;
(c) repair all Town roads outside the project, including boulevards, where damage has
occurred as a result of an operation or operations related in any way to the development
of the project; and
(d) plow anew from and salt all Town roads within the project that are not subject to the
Town's winter control program.
(2) The Owner, within 24 hours of verbal notification by the Town to it or its representatives, shall
undertake such works as are necessary to clean, clear, repair, plow or salt any Town road
requiring such work in the opinion of the Town's Director of Public Works or his designate.
18. COMPLI~TION D~TI~$ - TOWN WORKS AND SERVICES
(1) The Owner shall complete the Works in accordance with the following time limits:
(a) Town roads within the plan - two years from date of Authorization to Commence Work;
(b) Town roads adjacent to the plan - two years from date of Authorization to Commence
Work;
(c) removal and replacement of any temporary turning circle - two years from date of
Authorization to Commence Work;
(d) street storm sewers - one year f~om date of Authorization to Commence Work;
(e) storm water drainage and management system (including grading and top-soiling of non-
residential lots and blocks) - one year from date of Authorization t~ Commence Work;
(f)(i) boulevards and sidewalks on Town roads within ~he plan, on Town roads adjacent to the
plan but not separated from the plan by a reserve or reserves - six months ai%r occupancy
of ~ dwelling to be occupied adjacent to segment as identified by the Town's Director
of Public Works, but no later than two years from date of Authorization to Commence
Work;
(fXii) ~u!~ards and sidewalks on Town roads to be extended into the plan where the Owner is
required to remove and replace a temporary turning circle - two years from date of
Authorization to Commence Work;
(g) street lighting - one year from date of Au0~orization to Commence Work;
(h) street tree planting, two years from date of Authorization to Commence Work;
(i) walkways, walkway fencing and walkway lighting - prior to the occupancy of any
dwelling adjacent thereto;
~JXi) other fencing adjacent to,
A parks, opon space and storm water management facilities - prior to the occupancy
of any dwelling adjacent thereto;
B commercial sites and school sites - one year from date of Authorization to
Commence Work: and
C roads adjacent to the plan and separated from the plan by a reserve or reserves -
six months after occupancy of first dwelling to be occupied adjacent to segment as
identified by the Town's Director of Public Works, but no later than two years
lycra date of Authorization to Commence Work; and
(j)(ii) noise attenuation ti~ncing, prior to the occupancy of any dwelling adjacent thereto,
following the satisfactory completion and testinI~ of all of which, and the approval thereof by the
Town, the Town shall issue to the Owner a Completion Acceptance Certificate.
(2) Despite the provisions of subsections (l)(f)(i) and (l)(j)(i)C, where the occupancy of the first
dwelling unit occurs in November or December of any year, the time limit for construction of the
adjacent boulevard, sidewalk or fencing segment shall be extended to June 30 in the following
year.
19. FAILURE TO COMPLETE / IMPROPER PERFORMANCE
(1) If, in the opinion of the Town's Director of Public Works, the Owner is not constructing or
installing the Works, or causing th~m to be constructed or installed, within ttie specified time or
so that they may be completed within the specified time, or is improperly performing the Works,
or has neglected or abandoned them before completion, or has unreasonably delayed them so that
the terms and conditions of this Agreement are being violated or executed carelessly or in bad
faith, or has neglected or refused to renew or again perform Works rejected by the Director of
PubLic Works as defective or unsuitable, or has in any other manner, in the opinion of the
Director of Public Works, defaulted i~ the performance of the terms and conditions of this
Agreement, then the Director :.../notify the Owner and his surety in writing of the default or
neglect and if the notification be without effect for seven days, then the Director shall have full
authority to make any payment or do any thing, including but not limited to obtaining materials,
tools and machinery and employing persons required for the proper completion of the Works or
rectification of the default, 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 Director may act
without prior notice but the Owner and its surety shall be notified forthwith.
(3) The cost of rectifying the default shall be calculated by the Director of Public Works, whose
decision shall be final, and may be charged to the Owner, together with a 25 per cent engineering
and administration fee, by drawing upon the letter of credit filed with the Town under section 21,
{3UARANTE£ OF ~RK~. ~ORKMANSHIP AND ~IATERtAL~
(1) The Owrm, dud[ gum~n~ all Wod~ wodmumship m~l marries employed or ,,_:'~ in tl~
coition, im~lallal~on or oompletion of World, ~,vicos and other requiremen~ ~le~ thi~
Agreement for a minimum period of two years (ti~ "maintenance period") following the issuance
of the_ Completion Acne.marten Certifi_eate by the Town.
(2) Despite any other provisions of this Ard~'~ncnt, the r~aponsibilities of the Owner during the
maintenance period shall include the maintenance of the Works, including the rectification of any
unsatisfactorily installed Works.
(3) Prior to tile end of the maintenance period, the Owner's Consulting Engineer shall submit to the
Town,
(a) "as built" conslrdction drawings for the Works complete as per Town sumdards, together
with that Consulting Engineer's certificate that those d~.wings accurately depict the
Works as constructed; and
(b) a statement by an Ontario Land Surveyor that all standard iron bars as shown on the
registered plan, and survey monuments at all block comers, at the ends of all curves
(other than comer roundings) and at all points of change in direction of struts in the plan
have been found or re-established.
(4) Prior to the end of the maintenance period, the Town will re-inspect the Works and if.
(a) the Works are acceptable; and
(b) the Owner has performed all of its obligations under the terms of this Agreement to the
satisfaction of the
the Town wit' issue to thc Owner a Final Acceptance Certificate at which time thc Town will
assume ov,..~e~ ~hip of the Works and the operation and maintenance thereof, and the maintenance
period will then end.
(5)If upon the re-inspection conducted prior to the end of the maintenance period,
(a) the Works are not acceptable, cr
(b) the Owner has not performed all of its obligations under the terms of this Agreement to
the satisfaction of the Town,
the Town will advise the Owner of the deficiencies, the expected rectifications, and the time
limited for implementing the rectifications (the "rectification period") and the maintenance
period shall be extended to the end oftbe rectification period.
(6) At the end of the rectification period, the Town will re-inspect the Works and if,
(a) the Works are acceptable; and
(b) the Owner has performed all of its obligations under the terms of this Agreement to the
s,~tisfaction of the Town,
the Town will issue to the Owner a Final Acceptance Certificate at which time the Town will
assume ownership of the Works and thc operation and maintenance thereof, and the maintenance
period will then end.
:, (7) If upon the r~-insp~tion conducted at the end of the rectification period,
(a) the Works are still not acceptable, or
(b) the Owner has not performed all of its obligations under the terms of this Agreement to
~ the satisfaction of the Town,
the Town's Director of Public Works shall determine, in his sole discretion, whether a further
rectification period will be granted, and, if so, upon what terms and conditions, o~' ~vbether the
Town shall proceed under the provisions of section 19, or both.
PERFORMANCE AND MAINTENANCE SECURITY
(1) Before this Agreement will be executed by the Town, the Owner shall file with the Town an
irrevocable letter of credit, issued by a chartered bank in Canada in the form set om in Schedule
B and in an amount established by the Director of Public Works (the "original value"), as a
performance and maintenance security for the purpose of,
(a) guaranteeing the satisfactory construction, installation or performance of the Works;
(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 Com'truction Lien ,4ct, or any successor thereto, and
(d) guaranteeing all Works, workmanship and materials during the maintene ~ce period and
any rectification period or periods and until a Final Acceptance Certificate has been
issued by the Town's Director of Public Works.
(2) The Owner may, at any time after the first 50 per cent, 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 amount of the security to an amount not leu
(a) 60 per cent of the original value where no certificate or declaration of substantial
performance has been made;
(b) 35 per cent 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 be retained by the
Town have expired or have been satisfied, discharged or provided for by payment
into court;
and
(c) 17 per cent of the original value where,
(i) a certificate of final completion has been made by the Owner's Consulting
Engineer;
(ii) 45 days following thc making of such c~rtificat~ have expired;
(iii) all liens that may be claimed against any holdback required to be retained by the
Town have expired or have b~en satisfied, discharged or provided for by payment
into court; and
(iv) a Completion Acceptance Certificate has been issued by the Town's Director of
Public Works,
which 17 per cent portion shall secure the guarantee of Works, workmanship and
materials, until a Final Acceptance Certificate has been issued by the Town's Director of
Public Works, when the balance of the security shall be returned to the Owner subject to
any deductions for rectification of deficiencies.
(4) Upon the approval, if 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.
22. OWNER'S GENERAL INDE~_MNITY
Until the Town's Director of Public Works has issued the Final Acceptance Certificate for the Works,
the Owner shall indemnify the Town against all actions, causes of actions, suits, claims and demands
whatsoever, "~" '-- ~ " ~
w,~lc~, .~ay arise either directly or ~nmrecdy by reason of the Owner undertaking the project
or servicing the Lands as required under this Agreement.
23. OCCUPATIONAL HEALTH AND SAFETY
(1) The Owner certifies that it is aware of its duties and obligations under the Occupational Health
andSafety Act, or any successor thereto, and all Regulations thereunder (in this section called the
"Act"), and shall ensure that its employees, contractors, subcontractors and their employees,
(a) are aware of their resin, :rive duties and obligations under the Act, and
Co) have sufficient knowledge and training to perform ali works and services required
pursuant to this Agreement safely and in compliance with the Act.
(2) In the performance of all works and services required pursuant to this Agreement, the Owner
shall,
(a) act safely and comply in all respects with the Act, and
Co) ensure that its employees, contractors, subcontractors and their employees act safely and
comply in all respects with the Act.
(3) The Owner shall rectify any unsafe act or practice and any non-compliance with the Act
immediately upon being notified by any person of the existence of such act, practice or non-
compliance.
(4) The Owner shall permit representatives of the Town on the site wbere any works or services
r~uired pursuant to this Agreement are being performed at any time or times f-~r the purpose of
inspection to determine compliance with this section.
(5) No act or omission by the Town or any representative oftbe Town (including the entering into ~f
this Agreement) shall be deemed to be an assumption of any of the duties or obligations of the
Owner, its employees, contractors, subcontractors and their employees under the Act.
H
(6) In addition to the Owner's general indemnification of the Town pursuant to section 22, above, the
Owner shall indemnify and save harmless the Town,
(a) fi.om any loss, inconvenience, damage or cost to the Town which may result from the
Owner or any of its employees, contractors, subcontractors and their employees failing to
act safely or to comply in all respects with the Act in the performance of any work or
service required pursuant to this Agreement; and
(b) against any action or claim, or costa related thereto, brought against the Town by any
person arising out of any unsafe act or practice or any non-compliance with the Act by
the Owner or any of its employees, contractors, subcontractors and their employees in the
performance of any work or service required pursuant to this Agreement.
24. LIABILITY INSURANCE POLICY / PROVISION FOR DEDUCTIBLE
(1) Before this Agreement will be executed by the Town, the Owner shall file with the Town a
Certificate of Insurance verifying that a Liability Insurance Policy is in effect, setting out the
essential terms nnd conditions of the insurance, and naming the Town as additional named
insured, all of which shall be subject to the approval of the Town Solicitor.
(2) The policy shall comply with the following provisions:
(a) the minimum, limit pe_r occurr, en~ shall be $5,000,000 all inclusive for property damage
and personal liability;
(b) it shall not contain a clause for exclusion for blasting; and
(e) it may not be cancelled unless prior notice by registered letter has been given to the Town
by the insurer thirty days in advance of the expiry date.
(3) The policy premium must be paid initially for a period of one year and the policy shall be
renewed for further one year periods until the Final Acceptance Certificate has been issued by the
Town's Director of Public Works.
(4) If the policy coverage is subject to a deductible amount, the Owner shall file with the Town,
when filing the Certificate of Insurance, a certified cheque or letter of credit with the Town in the
deductible amount, as a deposit, together with a letter from the Owner authorizing the Town to
appoint an independent adjuster and to investigate claims less than the deductible amount and
authorizing the Town to pay such claims deemed valid by the adjuster out of the deposit; the
Owner shall be responsible for all adjustment service costs and shall maintain the deposit
throughout the term of this agreement in the amount of the deductible.
(5) The provision of the insurance policy required by this section shall not relieve the Owner fi.om
liability for claims not covered by the policy or which exceed its limits, if any, for which the
Owner may be held responsible.
PART 3 o DEVELOPING THE PROJECT
25. CONSTRUCTION AND OCCUPANCY OF BUILDINGS
(I) No building permit shall be issued for any building or part of a building on the Lands until,
(a) all buildings and structures on the Lands prior to draft plan approval have b~n
demolished by the Owner;
(b) s~wer and water facilities are available, and in the opinion of the Town's Director of
Public Works, capable of providing adequate service;
(c) an asphalt base has been laid on the mad immediately in front of the building or part
thereof and extended to an existing maintained road; and
(d) 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 the
Development Charges ,4 ct.
(2) No building or part of a building on the Lands s~'all 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 Town's 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 part 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 ATTENUATION STRUCTURES
(!) Prior to the issuance of any building permit for the construction of any residential unit on the
Lands and the construction of any noise attenuation structure in or adjacent to the project, the
Owner shall submit to the Town's Director of Planning, for approval, a report outlining siting and
architectural design objectives for the project.
(2) That report may be required, at the Director's option, to provide the following information:
(a) house massing;
(b) streetscape;
(c) exterior materials and colours;
(d) architectural style;
(e) visual variety;
(f) energy conservation measures; and
(g) any other data or information reasonably required.
(3) Prior to the issuance of each building permit for the construction of a residential unit on the
Lands, the Owner shall submit to the Town's Director of Planning, for approval, site plans and
architectural drawings for that unit.
(4) Those plans and drawings may be required, at the Director's option, to provide the following
information:
(a) the location of all buildings and structures to be erected and the location of all facilities
and works associated therewith;
(b) the location of landscaping feat-ares, including trees to be preserved;
(c) s~reet~cape for front, rear and flankage elevations at a scale acceptable to the Director;
(d) streetscape to show all street furniture and vegetation;
(e) the relationship of buildings by blocks; and
(0 any other data or information reasonably required.
SPEC!F!~ PROVISIONS ~SPECT~O DEVELOP.ME~_~_ T
The Owner shall comply with any specific provisions respecting the development of this project set out
in Schedul~ D.
PART 4 - FINANCIAL MATTERS
28. EXPIRY OF SECURITIES
(1) Should any letter of credit 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 ia advance of the expiry date of that security, a further security to take effect upon
the expiry.
(2) Such further security shall be in a form and amount satisfactory to 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
the expi~ng security.
29. pAYMENT OF LII~.~NS AND OTHER CLAIMS
(1) Thc Owner shall discharge or vacate any liens or claims filed with the Town or registered on title
to any Town-owned lands within thirty days of being requested to do so by the Town.
(2) At the end of the maintenance period, as extended during any rectification period, thc Owner
shall file with the Town a Statutory Declaration stating that,
(a) all materials have been supplied and all services and works have been completed in the
project with respect to the construction and installation of Works and other services;
(b) all accounts for work or service performed and materials placed or furnished upon or in
respect of the construction and installation of Works and other services in the project
have been fully paid and satisfied and no person is entitled to claim a lien under the
Construction Lien .4ct against the Town or any Town-owned land;
(c) there are no judgments or executions filed against the Owner;
(d) nothing is owed by the Owner or claimed against it for unemployment insurance
deductions, income tax deductions, or by way of comribution or assessment under the
Work, ers' Compensation Act;
(e) thc Owner has not made any assignment for the benefit of creditors, nor has any receiving
order been made against it under the Bankruptcy ~4ct, nor has any petition for such an
order been served upon the Owner; and
(f) 45 days have passed since the completion of the construction, installation, and last
rectification of the Works and services.
30. PAYMENT OF INTEREST ON OVERDUE AMOUNTS pAyABI.I~.
Tl~ Owner shall pay intereat at the rate of 18 per cent per ye, ar to the Town on all sums of money
payable h~mmder which a~e not paid on the due dates calculated from such due dates.
31. PAYMENT OF RE~LTY AND BUSINESS TAXES / LOCAL IMPROVEMENT CHARGES
(1) The Owner shall pay in full as they come due all realty and business taxes assessed against the
Lands or the Owner as required by law from time to time.
(2) Before this Agreement will be executed by the Town. the Owner shall commute and pay to the
Town or to the Regional Municipality of Durham all local improvement charges assessed against
the lands in the plan.
32. .PAYMENT OF DEVELOPMENT CHARGES
(1) The Owner shall pay to the Town, in accordance with the Development Charges ,4ct and the
Town's Development Charges By-law 3854/91, development charges for each dwelling unit
within the project.
(2) The amount of the development charge for each dwelling to be erected in the plan shall be the
amount set out in Schedule C for that type of dwelling, as adjusted annually in accordance with
Schedule C.
(3) Where a development charge is payable for a dwelling located on a parcel of land comprised o£
land in this plan and land not in this plan, the amount of the development charge payable for that
dwelling shall be the amount calculated in accordance with the provisions of the subdivision
agreement for the most recently registered of the plan or plans within which the parcel is located.
33. PAYMENT OF ENGINEERING, LEGAL AND REGISTRATION FEES
(1) Prior to the release for registration of this plan, the Owner shall pay by certified cheque to the
Town an Engineering Drawing Inspection Fee in the amount set out in Schedule C for the
examination and inspection done by the Town's Public Works Department in the processing of
the engineering drawings for this project,
(2) Prior to this Agreement being submitted to Town Council for consideration, the Owner shall pay
by certified cheque to the Town a Subdivision Agreement Processing Fee in the amount set out
in Schedule C for the preparation and processing of this Agreement by the Town's Legal Services
Department.
(3) Prior to the release for registration of this plan, the Owner shall pay all registration costs incurred
by the Town relating in any way to the registration of the plan of subdivision, this Agreement, or
any other documentation, including transfers, in the Land Registry Office.
PART 5 - TRANSFERS AND REGISTRATIONS
34. TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF
(1) Prior to the release t~r registration &this plan, the Owner shall convey or cause to be conveyed
to the Town, free and clear of all encumbrances and at no cost to the Town, all of the lands or
such interests in lands identified in Schedule A for the purposes set out therein.
(2) The Owner hereby warrants that, upon such conveyance, neither the title to the lands conveyed
nor their physical state and condition shall prevent the Town from lawfully or physically using
the lands for the purposes for which they are being conveyed as set out in Schedule A.
(:3) Where none of the lands idsntifled in Schedule A are to be conveyed for parkland purpo~,,es, the
Owner shall pay to the Town, before this Agreement will be executed by the Town, an amount
cal{:ulated in accordance with the provisions of Schedule A in lieu of a parkland conveyance.
(4) Any Transfer/Deed given pursuant to this Agreement shall be in a form acceptable to the Town
Solicitor and any Transfer/Deed of a storm drainage works easement shall contain the Storm
Drainage Works Easement Schedule set out in Schedule A.
(5) The Town may complete or alter any description of land in this Agreement or in any
Transfer/Deed given pursuant to this Agreement so as to make the description correspond with
the description of the land according to the plan which is to be registered pursuant to this
Agreement,
35. RELEASE OF THE PLAN FOR REGISTRATION
Before the Town will advise the Regional Municipality of Durham that the conditions of Draft Approval
affecting the Town have been satisfied, the Owner shall deliver to the Town the following:
(a) four red-lined copies of this Agreement executed by the Owner and all Encumbrancers;
(b) all monies, securities and insurance required by this Agreement;
(c) three executed copies, in a form suitable for registration, of each Transfer/Deed required by
section 34 respecting the conveyances identified in Schedule A, and one draft copy of each
required reference plan.
(d) a certificate of clear title to the Lands being conveyed to the Town, from the Solicitor for thc
Owner, in favour of the Town which certificate shall be prepared in a form acceptable to the
Town Solicitor at no cost to the Town.
36. REGISTRATION OF AGREEMENT_
(1) This Agreement shall be registered by the Town in the Land Registry Office in either the Land
Titles Division (No. 40) or the Land Registry Division of Durham, whichever is applicable to the
system in which the lands lie.
(2) Prior to the registrxtion of this Agreement, the Owner shall pay all registration costs relating in
any way to the registration of this Agreement, or any other documentation relating to this project.
(3) Prior to the registration of this Agreement, the Owner's Solicitor will provide, at the Owner's
expense., a certificate of title, to the satisfaction of the Town Solicitor, of all the lands and
interests of lands conveyed to the Town as set out in Schedule A hereto.
(4) The Owner shall indemnify and save harmless the Town from any loss, inconvenience or damage
which may result to the Town fi'om the Owner's failure to comply with subsection (2) and against
any action or claim made against the Town by any person other than the Owner arising out of the
execution by the Town of this Agreement.
(5) The Owner shall give to every purchaser of the Lands or any part of the Lands actual notice of
the existence and 'the terms of this Agreement and shall include an acknowledgment in any offer
to purchase or other similar document dealing with the Lands, or any pan of them.
(6) The Owner shall execute such further assurances of the fights hereby granted as may be deemed
necessary by. the Town.
IN WITNESS ~REOF ~he parties heret° have hereunto affixed their respective Corporate Seals atu~siecl m
by tho hands of their authoriZed officors,
SlONED, SEALED AND DELIVERED
COUGS INVESTMENTS LTD.
Jerimiah F. Couglhan, President
I have the authority to bind the corporation.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
SCH~UL~ a
TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF
(Section 34)
I. CONVEYANCES REOUIRED TO BE MADE TO THE TOWN
Land to be Conveyed Pu.rposc Interest to be Conveyed
Any portion of the lands Storm drainage works Easement
determined by the Town's
Director of Public Works
Any lands outside the Lands Storm drainage works Easement
determined by the Town's
Director of Public Works
2. CALCULATION OF AMOUNT PAYABLE IN LIEU OF PARKLAND CONVEYANCE
Prior to the regislration of the plan, the Owner shall obtain a written appraisal, prepared by a
professional land appraiser acceptable to ',,he To,-~, of the value of the !and in the plan as of the da),
before draft plan approval and shall pay the sum equal to five percent of that appraised value, which sum
shall be provided in the form of cash or certified cheque, and which sum the Town shall accept in full
satisfaction of the Owner's obligation to provide parkland.
3. STORM DRAINAGE WORKS EASEMENT REFERENCE PLANS
(1) Before the Town will advise the Regional Municipality of Durham that the conditions of Draft
Approval affecting the Town have been satisfied, the Owner shall obtain and deliver to the Town
one draft copy of each proposed reference plan required to effect the conveyance of the specific
easements referred to in section I of this Schedule.
(2) Upon the comFletion of the construction and installation of the storm drainage works within each
easement shown on any proposed reference plan, the Owner's Consulting Engineer shall advise
the Town's Director of Public Works of the actual location of the works in relation to the
proposed easement or easements, and if the Director is satisfied with the actual location of the
works, the Owner shall register that reference plan and provide four copies of the plan as
registered to the Town Solicitor.
(3) If the Town's Director of Public Works is not satisfied with the actual location of the works in
relation to the proposed easement or easements, the Owner shall obtain and deliver to the Town
one draft copy of a revised proposed reference plan, and the provisions of subsection (2) and of
this subsection will continue to apply.
(4) Where the Town's Director of Public Works determines that the Town requires easements not
specifically referred to in section I of this Schedule, the Owner shall obtain and deliver to the
Town one dra~ copy of each proposed reference plan required to effect the conveyance of the
such easements within 30 days of the Town's request to do so, and the provisions of subsections
(2) and (3) will apply.
4. STORM DRAINAGE WORKS EASEMENT $.CHEDUI~E
~ a conveyance of an easement is for storm drainage works purposes, the following Schedule shall
be atla~ to the Transfer/Deed of Easement:
INTEREST/ESTATE TRANSFERRED
Subj~et to the following terms and conditions, the frem, uninterrupted and unobstructed right and
easement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct and remove storm
drainage works together with appurtemmces thereto (herein called the "works"), in, over, along, across,
upon and undor the land described in Box 5 (herein called the "lands"), and to drain storm water in, over,
aiong, across, upon and under tho lands, together with the right to the Transferee, its servants, agents and
contractors with all necessary vehicles, supplies and equipment to enter onto the lands and pass and
repass over the lands for the purpose of exercising or enjoyinf, any of the rights granted herein.
The terms and eo~ditions which the parties hereto covenant and agree to observe and be bound by are as
follows:
1. The Transferee shall, except in ease of emergency, before commencing any work authorized
hereby, give to the Transferor forty-eight hours previous written notice thereof, and in cases of
etnergency such previous notice thereof as is reasonably possible.
2. Upon completion of any work, the Transferee shall fill in all excavations, restore fences, and
restore the surface of the ground by restoring all topsoil and grass cover disturbed thereby, and
do necessary grading to ensure soil and slope stability, and remove all equipment.
3. The Transferor shall not erect any building or structure (except a fence) on the lands, and shall
not place or remove any fill on or from any part of the lands without ~e previous written consent
of the Transferee.
4. The right and easement granted herein shall be subject to all leases, licences, and any rights of
use or occupation existing at the date hereof, and the Transferor may from time to time renew or
extend these or make new ones, so long as they do not interfere unreasonably with the right and
easemem herein granted.
5. The Transferor hereby releases the Transferee from any claim which may arise out of the
exercise by the Transfeiee of the right and easement granted hereby or which may arise out of the
existence of the storm water or the existence, operation or non-operation of the storm drainage
works provided the Transferee has complied with all of the terms and conditions herein.
6. The Transferor shall execute such further assurances of the right and easement granted hereby as
the Transferee may reasonably request in writing.
7. The burden of this Transfer and of all the terms and conditions contained herein shall run with
the lands.
8. This Transfer and all of the terms and conditions contained herein shall enure to the benefit of
and be binding upon the Transferor and the Transferee and their respective heirs, executors,
administrators, successors and assigns.
LAND BENEFITTED (DOMINANT TENEMENT)
9. The benefit of this Transfer and all of the terms and conditions contained herein shall run with all
other lands and interests in lands owned, occupied or used by the Transferee for the purpo_ se of
operating and maintaining storm drainage works.
REQIJIRED FORM I~'OR PERFORMANCE AND MAINTENANCE SECURITY LETTER OF
CREDIT
(Section 2 i)
To: The Corporation of the Town of Picketing
Picketing Civic Centre
One The Esplanade
Picketing, Ontario
LIV 6K7
We hereby authorize you to draw on [name of bank], ]address of bank], for account of ]name of company or
eompnnies obtaining security] up to an aggregate amount of ]amount of security in figures and in full]
available by drafts at sight for 100% of demand as follows:
Pursuax~t to the request of our customers(s), the said [name of company or companies obtaining security], we
[name of bank], [address of bank], hereby establish and give to you an irrevocable Letter of Credit in your
favour in the total amount of [amount of security in numbers and in words] which may be drawn on by you
at any time and from time to time upon written demand for payment made upon us by you which demand we
shall honour without enquiring whether you have a tight as between yourself and our said customer(s or any of
them) to make such demand, and without recognizing any claim of our said customer(s or any of them).
Provided, however, that you are to deliver to [name of bank[, [address of bank], al such time as a written
demand for payment is made upon us a certificate signed by you agreeing or confirming that monies drawn
pursuant to this Letter of Credit are payable to you or are to be or have been expended pursuant to obligations
incurred or to be incurred by you with reference to your file regarding a Subdivision Agreement dated [date of
Agreement], between [name of signatories to Agreement, other than Town and Encumbrancet~(s)] and The
Corporation of the Town of Picketing; this Letter of Credit is given as thc Performance and Maintenance
Security required by section 21 of that Agreement.
Partial drawings are permitted.
The amount of this Letter of Credit shall be reduced from time to time as advised by notice in writing given to
us from time to time by you.
This Letter of Credit will continue up to and including [date of expiry of Letter of Credit] and will expire on
that date and you may call for payment of the full amount outstanding under this Letter of Credit at any time up
to the close of business on that date. It is a condition of this Letter of Credit that it shall bc deemed to be
automatically extended for one year from the present or any future expiration date hereof, unless thirty days
prior to any such date, we shall notify you in writing by registered mail that we cie. ct not to consider this Letter
of Credit renewed for any such additional period.
We hereby covenant with drawers, endorsers, and bona fide holders of drafts drawn under and in accordance
with the tenns of this credit that such drafts will be duly honoured if drawn and negotiated on or before ]date of
expiry of Letter of Credit].
The drafts drawn under this credit are to be endorsed hereon and shall state on their face that they arc drawn
under [name of bank[, [address of bank[.
DATED this day of ,19 .
lns~uctions for completing Letter of Credit:
1. Letter of Credit must be typed on bank letterhead.
2. Information required in square brackets must be provided where indicated, without brackets.
Phrases shown in round brackets must be included without brackets when there are two or more compame~ comprising the
ii'" 4. The cln~e in the sixth paragraph must be at least one year from the cinte of the Letter of Credit.
· ~, Tile datein the seventh paragraph must be the same as the date in the sixth paragraph.
.~i. :"~, . Ibmk slgna~orie~ must show name, printed or typed, and title, in addition to signature.
DEVELOPMENT CHARGES, ENGINEERING/LEGAL FEES, OTHER RELATED
DEVELOPMENT COSTS
1. DEVELOPMENT CHAR~}[?,S PAYABLE
(1) Until &nd including October ?, 1997, the development charges payable under the Town's
Development Charges By-law 3854/91 for dwelling units within this project are $5,502.
(2) From and after October 7, 1997, the development charges payable for dwelling units within this
project will be in accordance with the Town's Development Charges By-law in existence at the
date of such payment.
2. ~NGINEERING DRAWING INSPECTION FEE PAyABI~E
Prior to the release for registration of this plan, the Owner shall pay to the Town, the sum of $700.00,
which represents the amount of the Engineering Drawing Inspection Fee payable for this project.
3. SUBDIVISION AGREEMENT PROCESSING FEE PAYABLE
The Town acknowledges receipt, in full, of the amount of $3,210 [$3,000 plus $210 GST.} which
represents the Subdivision Agreement Processing Fee payable for this Agreement.
1. EXPECTED NUMBER OF DWELLINGS
(!) This Agre~..,~ent ha~ been entered into with tbe expectation that 20 dwellings are to be
oonstragted on the Lands, two each on Lots I to 10 inclusive.
(2) If more or less than 20 dwellings are to be constructed in this project, the Town at its sole
discretion may require the Owner to obtain new approvals and authorizations under this
Agreement and may prohibit any development until the new approvals and authorizations are
obtained.
2. CONSTRUCTION TRAFFIC AC~CESS
The Owner shall provide and maintain, to the satisfaction of the Town's Director of Public Works,
appropriate access to the land for construction traffic.
FENCING REOUIREMENTS
(1) Prior to the issuance of an occupancy permit the Owner agrees to construct, at its sole expense
and to the satisfaction of the Town's Director of Public Works, a 1.8 metre high wood privacy
fence adjacent to/along the rear of Lots/Blocl~' within this plan.
(2) Despite the provisions of subsection ( 1 ), where the occupancy of the first dwelling unit occurs in
November or December of any year, the time limit for the erection of the fence shall be extended
to June 30th of the following year. In the event that the occupancy of the first dwelling unit
occurs during the months of January or February, the time limit for the erection of the fence,
shall be extended to June 30th of that same year.
4. STORMWATER DRAINAGE AND MANAGEMENT SYSTEM
The parties agree that the stormwater management techniques for this plan of subdivision are consistent
with those approved for the Altona Forest Environmental Policy Area.
5. DEMOLITION OF STRUCTURES
The Owner shall satisfy the Town with respect to the removal, demolition and/or retention of all
structures on the property prior to the issuance oftbe first building permit being issued.
SPECIAL PROVISIONS REQUIRED BY THE REGIONAL MUNICIPALITY OF DURMAM
The ~o~tions set out in ~his Sch~ule represent provisions not affecting the Town but required W be inserted in
this A~,memt by th~ conditions of Draft Approval dated February 21, 1996, as amended July 23, 1997, of
Draft Plan 18T-94004 by the Commissioner of Planning of the Regional Municipality of Durham (the
"Approval").
1. ~IINISTRY OF NATURAL RESOURCES ("M.N.R.")
M.N.R. requires that the Owner,
(l) prior to any on-site grading or construction or final registration of the plan, the Owner shall
submit and obtain approval of the Ministry of Natural Resources for reports describing the
following:
(a) the intended means of conveying storrnwater flow i~om the site, including use of
stormwater management techniques which are appropriate and in accordance with the
provincial "Urban Drainage and Design Guidelines", April 1987, and "Interim
Stormwater Quality Control Guidelines for New Development", May 1991;
(b) the anticipated impact of the development on water quality, as it relates to fish and
wildlife habitat once adequate protective measures have been taken;
(c) the means whereby erosion and sedimentation and their effects will be minimized on the
site during and after construction in accordance with the provincial "Guidelines on
Erosion and Sediment Control tbr Urban Construction Sites" and the Technical
Guidelines - Erosion and Sediment Control, February 1989, published by the Ministry of
Natural Resources;
Note: Ponds fbr temporary sediment control should be capable of accommodating 125
cubic metres/hectare of contributing drainage area for a period of not less than 12
hours or removing particle sizes down to 40 microns.
(d) site soil conditions, including grain siz~e distribution profiles; and
(e) site grading plans.
(2) shall submit to ,he Ministry of Natural Resources detailed plans reg' ~ling alterations to the
watercourse. Any proposed alterations require application under the Lakes and Rivers
Impro~.~,aent Act for review and approval by this Ministry, Three copies of this information
should be submitted in conjunction with thc requirements of Condition 1, above.
(3) agrees to maintain all stormwater management and erosion and sedimentation control structures
operating and in good repair during the construction period, in a manner satisfactory to the
Ministry of Natural Resources.
(4) agrees to advise the Ministry of Natural Resources 48 hours prior to commencement of grading
or the initiating: of any on-site works.
2. ~LITAN TORONTO AMD RF, O_ION COIVgERVATION AUTHO~JTY P'M,T.~C.A.~)
M.T.R.C.A. ~ ~ ~ ~, ~or ~ ~ ~ion of~g ~d ~ m ~e re~on of ~s
p~ ~ ~y ~ ~f, ~ O~r ~11 submit for &e ~view n~d ap~v~ of &e M~Ii~
(a) a ~l~ ~i~g ~fl ~ ~ri~s ~e sto~ dr~ge sys~m fbr ~e pro~
~velop~t on ~ subj~t ~&. T~s ~n should i~!~:
pi~ ill~g how ~fis ~'~e sys~. will comply wi~ ~e r~mmenOfiom of ~
"SMge I Study of a Comp~e~ve S~w~r ~gement S~gy for ~e At~
Foist ~", Febr~, 1994 ~ "S~wat~ M~ement Stay - S~c 2 Stay of
Comp~hemive Sto~r M~g~enl S~gy for Al~na Forest Ar~". Feb--.
!~4, p~d by Cosb~ P~e~n W~ Limi~d;
- pm~s~ me~s of conuolling or minimi~n~ erosion ~d sil~tion on-site ~or in
do~s~ ~ d~ng ~d after const~ction;
- location ~d de~fiption of ~1 outlets ~d o~er facilities which may require ~i~
p~t to On~io Regulation i 58:
- sto~water ~agemem tcchfliques which may be required to control minor and major
flows ~d the ~eatment of sto~water (q~tity ~d quality).
(b) over~! ~ing pi~s for ~ subj~t lan~.
FHE DURHAM BOARD OF EDUCATION (THE BOARD,")
The subdivision agreement between the Owner and the Town of Pickering shall contain, amo:~g other
matters, the following provisions:
(a) The Owner agrees to place the follow- ',~g in all agreements of purchase and sale between the
Developer and all prospective home buyers:
"Students from this area may have to attend existing schools outside their neighbourhood.
Although a school site has been reserved within an adjacent plan of subdivision; a school may
not be built for some time, if at all, and then only if the Ministry of Education and Training
authorizes funding and construction of this required school,"