HomeMy WebLinkAboutBy-law 721/77REPEALED BY
REPEALS
AMENDED BY
AMENDS
DISPOSITION
THE CORPORATION OF THE TO91N OF PICKERI?r G
BY-LAW NL MBER 2 I/ 7 7
Being a By-taw- to authorize the execution
of a Subdivision Agreement between the
Corporation of the Town of Pickering and
Parcival Development Limited with respect
to Lots 89-92, Plan 350, Town of Pickering
Draft Plan Plumber 18T-76014
THE COUNCIL OF THE CORPORATION' OF THE TOW OF PICKERING HEREBY
ENACTS AS FOLLOWS
1. The Mayor and Clerk be authorized to execute
a Subdivision Agreement between the: Corporation
of the Town of Pickering and Parcival Development
Limited with respect to `Lots 89 - 92, Flan. 350,
I
Town of Pickering, Draft Plan Numher 18T-76014.
By-law read a first, second and third time and PASSED this 7th
day: of November , 1977.
/Mayor
Clerk
THIS AGREEMENT matte this day of , 19
BETWEEN
PAR.CSVAL DEVELOP.'ENT LIMIT-ED
hereinafter called the "Owner",
OF THE FIRS' P=ART,
- and -
THE CORPORATION OF >H zOV2 OF PICKERING
hereinafter called the "Town",
OF THE SECOND PART.
WHEREAS the Owner proposes to s b l6e and register a
plan of subdivision of Lots 89 to 92, inclusive, accordinc
to Plan No. 350, Town of Pickerin as shown on a craft plan
of subdivision prepared by D. S. 4tC?n"+-OSt1, O.L.S. and Oatod
the 28th day of February, 1976.
NOW THEREFORE THIS AGREE-'A'NT t IT':?55ETH t?:at in consid-
eration of the Town approving the said propcsed plan of
subdivision, and the covenants hereinafter expressed, the
parties hereto covenant and agree one with the other as
follows:
LANDS AFFECTED
1. The lands affected by this agree;-ert are more particu-
larly described in Schedule "C" hereto.
OWNER'S GENERAL UNDERTAYINNG
2. The Owner agrees to complete at his own expense and in
a good workmanlike manner, for the mown, all the muni-
cipal services as hereinafter set forth to the satis-
faction of the Director of Public Works for the Town
of Pickering, and to cc.:iplete, perform or mace payment
for such other matters as may be provided for herein..
CONSULTING ENGINEERS
3. The Owner agrees to retain a Professional Engineer as
the Consulting Engineer of the Owner to carry out all
the necessarl engineering and generally supervise the
work required to be done for the development of the
subdivision. Such Consulting Engineer or a successor
thereto, shall continue to be retained until the work
provided for in this Agreement is completed and for-
mally accepted by the Town.
_ 2
STORM S WTERS
4. The o=wner agrees to construct a complete storm system
including storm connections to the street line and
catch basin leads to service all the lands on the said
plan of subdivision and adjacent road allowances and to
provide capacity for lands up stream of the subdivision,
according to designs approved by the Director of Public
Works and according to the specifications of the Town
in effect at the date hereof and to maintain them..,
including' clearing any lockages or debris from what-
ever cause until they are formally acce^ted by the
Town. Such sewers shall be constructed to an outlet
or outlets according to designs atproved by the ?director
of Public Works and s=hah be of sufflc).e t size and depth
and at locations either wit':i.^_ or outside the sub%division,
to service the subdivision and the aforementivc.r.ed lands
outside the subdivision which, in the op,.nic.n of the
Director of Public Works, will require heir use as
trunk outlets. Sho=uld, in the oviniezl of the Director
of Public Works, an inadequate stream cr structure
exist in the outlet system outside the s,.J)division, the
owner may be required to carry out such works as are
necessary to provide adequate t?4t
The gown may connect or authorize ccr.. e tlon -_nt:o arty
part of the system:; uut such ccnncction stall r,ot consti-
tute acceptance of the sewer sys;_em by the own.
ROADS - ROUGH GP.,DE
The Owner agrees to rough grade to the Town's specifica-
tions to the full w=idth, ail r3a^ allowances as shc;wr. on
the said plan of subdivision prior to the installation
or construction of the relevant mun cipal services
provided for herein. The Owner further acmes to keep
the boulevards clear and free of all ;raterials a, -.a
obstructions; which might interfere with the instailation
o€ electric, telephone, gas or other ??ilities.
ROADS - PAVED
The Owner agrees to construct all the roads as shown on
the said plan of subdivision according to the specifica-
tions for paved roads of the Town in effect at the date
hereof including such boundary or approach roads as may
be necessary to provide an adequate access. The specifi-
cations for boulevard aradinc, sidewalks and sodding
shall apply to existing roads adjacent to the said plan
of subdivision. The Owner covenants and agrees that
until assumption by the Town, it will maintain and
repair streets both within and outside the subdivision
where construction has taken place or is used by traffic
entering the subdivision and keep them clear of dust,
refs=se, rubbish, or other litter of all types. The
owier will erect and maintain adequate signs to warn
all persons using such roads that they have not been
assumed by the mown from the tine that they are opener:
until £or-mal assumption by the Town.
CHANGE OF ROAD GRADE
7. When, in the written opinion of the Director of Public
Glorks it is necessary to chance the grade of existing
Town roads adjacent to or abutting the said plan of
subdivision, the Owner agrees to grade the roads to
subrade and provide sufficient granular base for a
standard two-lane roe:way in the manner and at the time
stipulated by the Director of Public corks and, in
accordance with the soecifications of the Town.
CUP.BS AND GL
8. The Owner agrees to construct curbs and gutters on all
the roads as shown on the said plan of subdivision, and
all existing roads adjacent to the said plait cf suhr'.z-
vision excepting any adjacent Regional Rcads and Kind's
Highways, according to the specificaticns of the Town
in effect at the date hereof and to maintain them until
they are for€nally accep ted by the ':own. If an%, curb
depression: are not located correctly with respect to
a driveway, the Owner shall construct a c,;;rb
in the correct location and fill t o ci" <°inal curt
depression according to the said specifications.
9.
SIDEi-.'A ,KS
The Owner agrees to construct sidewalks on bcth,
of all roads as shown on the said plan of sayx?ivisi.vn
including such sidewalks as are onsidere.d nr cessar y
on all existing roads adjacent to the said p1 an of
subdivision according to the specifications of the
Town in effect at the date hereof and to maintain them
until they are formally accepted by the Town.
UNDERGROUNID ELECTRIC DISTRIBUTION
AND STREET LIGHTING
Underground electric distribution services shall be
provided for all lots and blocks within the subdivision,
accordinc to the standards and specifications of to
appropriate authority. The Owner shall make such
financial arrangements as r_ay be required to ensure
the construction of those services. The Owner agrees
to pay all costs of installation of street lighting,
including poles and other necessary appurtenances for
the lighting of all streets including boundary roads
and pedestrian walkways on the plan. The lighting
shall be designed and installed in accordance with
standards established by the Town_ and in ccnfcrmity
with the Association of -.unicinal Electrical Utilities
Guide to Municipal Standard Construction. The instal-
lation of all works provided for in -his section shall
be constructed under the supervision and inspection of
the aforesaid authority.
INSPECTION OF WORK
11,
All works required to be constructed by the owner shall
be installed under the observation of Inspectors
employed by the Town and the Owner agrees to pay the
costs incurred (Salaries and.Expense) therefore within
ten days of their being rendered.
4 _
LIABILITY INSURANCE
12. Before commencing any cf the work provided for herein,
the Owner shall supply the gown Clerk with a Liability
Insurance Policy in fora satisfactory to the Town
indemnifying the Town front? anv loss arising :from claims
for 'damages, injury or otherwise in connection with the
work done by or on behalf of tine Owner on the subdivi-
sion. In the event any renewal premium is not paid,
the flown, in order to prevent the lase of such Liabi liti>
Insurance Policy, may pay the renewal premium or premiums
and the owner agrees to pay the cost ,,_ such renewal or
renewals within ten (10) days of the account t,erefore
being rendered ty the Town. It shall be the responsi-
bility of the Owner to .notify ..he Toz,n cf the dates for
the renewal of the premiu:r of the said lid and to
supply proof that the cremeu . has been -.. crc Or
that the guarantee provided by _.,L ......:.°'_ii'.. T::SL i';L'. c'.
Policy shall not lapse.
13. Before commencing any of the . or
the Owner shall supply the _ ... " >.. roe
and Maintenance Band in for:: sa.. =he Town
and in an amount determinrc . , r:et ir,c,
sufficient to guarantee the s ;,:i ;c:tc y
of the work and to guarant€, crX_;rar_--;t:_r -And I*'1"111" -
ials for a period of tc:c (2) fror the. fiatf- that
the said works are app o _Y .;r .tin,t , L=y lho : arcct" r
of Public Works. Such er- _.~ r.ce and r.:ain*_-na n
guarantee may alternatively ..c Mace a G, :art k>cr,<
and part cash, or all cash, o letter o` crt as ~;y
be agreed upon.. The Owner may fro~ c to 1 a. iy
for a reduction in the bones, cash or letter of cre " t
and such application shall be --ads to the :'cwn Clerk
and such reduction may be Grantee v Ccu- :cil Won:
written verificaticn, of the Director of rut c ::ter s
that the seraices for which :eduction is being soac:ht
have been satisfactorily completed.
FINANCIAL PAY.,.E`I S
14. The Owner agrees to pay to the Town the sum of
$1,250.00 for each dwelling unit for which a building
perm is received. No building permit shall be issued
for any dwelling units unless pavTent of the $1,250.00
per unit levy shall have been :-ade in ad-aance of the
issuance of such permit with: respect to such dwelling
unit. Pav.ments of such levies shall be made to the
Town from time to time as b -lding permits are rep=aired.
In any even", the Owner shall pay all levies due under
the provisions of this paragraBh in full, no later than
five (5) years from the date of registration of the plan.
A letter from the Clerk of the Town ad=isinc that the
unit levy has been paid shat- ?e deemed to be a release
of this section for the lands referred to in the said
letter.
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CONSTRUCTION AND OCCUPANCY OF BUILDINGS
15. (a) The Owner agrees that no building permit shall
be issued for any building in the subdivision
until seer and water facilities are available,
and in the opinion of the Director of Public
Works, capable of providing adequate serf=ice.
(b) The owner further agrees that no building in
the subdivision shall be occupied except on
the folio-wing conditions:
1. Sewer and water facilities are installed
and in operation to adequately serve
such buildincs;
' 2. A municipal occupancy permit has been
issued;
3. Electric service is completed an-l' In
operation; ar.ra
4. Curbs have been constructed . an,an
asphalt base laic on t iL rcao :r:4•? -
lately in front-- of "ne -IL;J lci °.c and
both extended to an exis snc r?r;-
tained public road.
(c) The owner agrees c;i th the Towwn that should' any
building in the subd: ilsion Le o:-cUI-,4Q(,n
contravention of any or all of the profs >.inns
contained in subsection (hj, above, th n. in
that event the Owner shall zav to * h_ Uown thc>
sum of SI,250.00 for each b°u4Iding so < cU:
as liqui:aced damages for such co av( tic
The issuance by the To.., of uni .:al occu-, .r.cy
permits for each and e- ery i uildi- - on an ??Irat
or block in t_^e sub-divisicn shah p bee cd to
be a release from t_^_ rcVisio:ns o' this su
section with respect to that lot or '',lock.
(d) The Owner further covenants and agrees to rain-
tain vehicular access to all occupied buildings
on the subdivision until the roads are formaliv
assumed by the Town, and further agrees to
obtain similar covenants from anv subsequent
owner of any of the lands in the said subdivi-
sion.
LETTER Or CREDIT
16. The Owner shall, i=-ediately prior to the registration
of the plan, deposit with the Town an irrevocable ban's
letter of credit payable to the Town, in a form satis-
factory to the Town, for the sum of $31,250.60 as
security for:
(a) the payments referred to in Section 14 hereof,
and
(b) the payment of liquidated damages referred to
in subsection (c) of Sectio:. 15 hereof.
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d
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DRAINAGE SODDING
17. The Owner agrees to provide the 'own, rior to the, com,-
mer.cement of the development of the subdivision, with a
Grading Control Plan prepared by tie Owner's Consulting
Engineer establishing the roposed grading cf the lands
to provide for the proper drainage ~^ereo f and the
drainage of all adjacent . lands .._ch drain throuc;}, the
said subdivision. The -aid Cradinc: Control Plan is to
be prepared in accordan :e wit.~ the Town's Lot Drainage
Specifications i._ effect at the date of -his Agreement.
The grading of t= _ lands seall be carried out ._n az.cord-
ance with such Gr _ ::q C,nt_-:_ Plan und,v r the supez-
vision of the. aa: _? tile
opinion of the
problems rccur> nrio: 0' the subk? i-
vision by the c , c.f._ s ?,..r4u; 31t .. i.
regraclir.g or b. r,. cast c..
.
swales or other s _r wturs.-_: a : r,. CC.' SJ t")
correct w=sc?s rrt _E *:S. e s i 1i
front, side and rear y:. d.
except for paved cr y h€ co,
of the construct o. ra_Vb .: ...
18.
19.
20.
i [sue.
Save as herein other-.. ,-,
complete the work re:- .. ... .. f......
the time limits spec: _
hereto as Schedule
ship and materials `:or a
the date that the
sal - urFk
by the Director of . ub-11
that specifically provide ;
be completed within the ,_l.. _ml :or lth=_-rei ;
for sidevaiks, curbs and -roads.
TIME LIMIT' FOR CO S RIUC N r
The Owner agrees to construct or cG:tis_ to he coast uc.tQ,
twenty-five (25) housirg ,:.ni s -which shall r e c leted
within two (2) years of the date of registration of the
final plan.
iNCON1PLETED OR FAULTY WORZ
if, in the opinion of the Director of P=blic Works, the
Owner is not prosecuting or causing to be prosecuted
the work in connection with this a reerent Yi t .i_. he
specified time, or in order that it may be completed
within the specified time, or is iMprocerly Derform.ing
the work, or shall the Ownerneclect or abandon it before
the canipletion, or unreasonably delay the save so that
the conditions of this acreement are being violated or
carelessly executed, or -in bad faith, or snarl _ne
awner-neglect or refuse to renew or again perforr,,. 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 terns
of this agreement, then in any such case the said
Director of Public Works shall promr)tly notify the
Owner and his surety in writing of such default or
neglect and if such notification be without effect
within seven (7) clear days after such notice then in
7 -
that case the Director of Public Works shall there;:pcn
have full authority and power ,?:ediately to purchase
such materials, tools and machinery and to employ such
workmen as in his opinion shall be recuired for the
proper completion of the said work at the cost anc
expense of the owner or his surety, or ..ath. in cares
of emergency, in the opinion of t .;e Director of Public
Works, such worts ray be done without _ z?ricr notice but
forthwith nctJ'ied. -he cost of
the Owner shall be
such stork shall be Calculated by Director w T'ublic
Works whose decision shall he final. t is T:derst^od
and agreed that such costs shall inc2',de a i' 3... voment.
fee of twenty per cen.. (20*) of t!-e value for
dislocation and _..c J's :en erce ca'asee to th. i•S': :is a
result of such default o- the z art c he 0,,,:!:or, _t
being hereby t:eclared and eed that :E.' wsS"..,._, _ t)v
the Owner of the lb ,._.s
is one of the cons e_at cns, w :L:
would not have executed this -
r ,
21. The Owner agrees wit", "*i _ ...
(a) Paving of Dr ,?
To pave the ur: ,.,k c <.
and sidewalk, it ..n
walks are normally
property line.
(b) Ontario Fyc c,ht •.a•;
In the even', that a
Hydro passes throuah or is -"] teI ace:. t=
to the lards here to fence
on both sides, or the ad ace _ v_ e t-erQuf, as
the case may be, ricr to develcpinq; the
ad?acent lands. The ..e.nc*_' '_s to e -,f ronstr?.:c-
tion and design as 7'4a.y be a, rove.. f the o-,,,;3.
(c) Fencing
To construct a chair: lint' fence `c heiu is
specified by the Toga.. along the ? ortio s of
property lines of residential lands abu-tir:,
lands designated for some other use as direc-
ted by the Director of Public corks.
(d) Continuation of Existin•c. Serv_.ces
where the construction of services herein
involves a continuation to existing, services,
to join into the same, including ad ustment
of Qrades where necessary, in a good workman-
like manner.
(e) Public Lands - Fill and Debris
To neither dump nor permit to be dumped, any
fill or debris on, nor to remove or pernit
to be removed any fill from. any public lands,
other than the actual construction of roads
in the subdivision without the written con-
sent of the Authority responsible for such
lands. The. Owner shall, on request, supply
the Town with an acknowledgement from such
Authority of the Owner's compliance with the
terms of this clause. The Owner further
- a
agrees that there shall be no burning of
refuse or debris upon= his lands or any
publiz lanes.
(f) Qualitative or Quantitative Tests
The Director of public Works rasp have auaii-
tative or cuartitative tests made of am
materials which have been or are pro pcsed
to be used in the construction of any ser-
vices required by this agreement, and the
cost of such tests :hall be naid by the
Owner within ten (10) day's of the account
being rendered by the '.aw.^.
(g) Relocation of Services
To pay the cost of -relocating any existing
services and -,ti__ ».cs C<xu:ae LS' the. sut..-
division work 110) davs of the
account for same _-C,:.;-:red
Town The O ner __ ... _ ,vs to __...??-
arly pay the cost c: - sc._.C0S
or utilities inst a. _ xwr=?r-
ment in drivewa;s _. _ --- ?? I,;
the, opinion of _.
Works, as to in ertr ;e __,. ..-?f.
the drivewav-
(h) ' Pedestrian. W-a lk:4ays
there the ,cures a J,
-
way, to con,_ _ . a
it
specifi apprcv. ;y th _.. _. , .,n
of Public Works.
(i) Taxes
To pay the taxes in i _ on alI the lands
included in the said an o` su m- v-sion,
as required from time to time.
(j) Local ImproveTnents
Prior to the release of the plan for reais-
tration to prepay any outstanding local-
imiDrovevent c arces which are levied against
any of the lands on the said plan of subdi-
vision.
(k)' Specifications
unless otherwise provided to oerform any
work required to be done under this agree-
ment to the specifications of the Town in
effect at the date hereof.
(I) Tracy Signs
To provide and erect at its orm cost te:-:-
porary street signs at locations designa-
ted by the Director of Public Works and
to erect signs denoting the future use of
lands within the subdivision not scheduled
for immediate development and such signs
shall be 4ccording to the specifications
of the Town.
(m) Permanent Signs
To provide an erect at his own cost, perm-
anent signs at locations designated by the
Director of Public Works to the specifica-
tions of the Town.
(n) Licence to Enter
To retain a. %cet.cc tr7m a.nv subsetoue.:t
purchaser of _?e _fc_esaid ?ands to enter
upon such :;rcer tc comply .with the
provisions c t -: i,?; a r e e n 4.
:.
(o) Lien or other C la
.
therc
ial _ 2..
such ? s
i ndeFCm f
action. s, . : _
or oche.
therewith.
(p) Engineerin.
Prior to t_.m: _ _nai as
vision to sui - the
drawings c
subdivision, ith r ..
thereon.
(q) Snow Flowing and Sandi c a=s
If any buildings beco \r
to roads or parts tnerec haL ha-:e
received a base course of asphal.=
or if in the opinion of -he D:rec crx__
Public Works, the condition of the roau
surface is not accentabie to nar for winter
control, to snow plow and sand such roads
from, such occupied buildings to existing
Town roads or to su^. iv'ision roads that
receive the Town's Winter Control service,
including alternate :deans of access -.here
available. Such :snow plowing and sanding
shall . be done from time to tii3e -;hen the
Director of Public forks deers conditions
warrant and until such time as the roads
are acceotable to the Director of Public
Works for winter control.
(r) Survey Monuments and Markers
Prior to the acceptance of the subdivision
by the Town, to supply a statement by an
Ontario Land Survevor`that, after the
completion of the subdivision work, he has
found all standard iron bars as shown on
the registered plan, and survey` monuments
at all block corners, the ends of all
curves, other than corner roundings and
all points of chance in direction of
streets on the registered plan.
10
(s) Interest
Interest at the rate of fourteen per cent
(14%) per annum shall be payable by the
Owner to the Tow on all s: rz of money
payable herein which are not paid on the
due' dates calculated from such cue dates.
(t)- Trees
The Owner shall plant on the lands, trees
of a'size, number and type acceptable to
the Town. A schedule of t_he Owner's tree
planting sche: = spa ? be approved y the
Director of t c Y'.? `ier to the
insta3lat c, . e^_" _rees. . list c
acceptable tree Y ecae.s arc s.zes will be
provided.
(u) Rec,istrst j
..a.. 4_.;f anY
way to .. _h °ls r .
Subuivss,,z ... ..wlv _..w? .
M Cancellation of
In the event the a...
not regista r€:d w h. i
date hereof, the
on one :iso-:}:.'s not cw
declare s screement t.;
void
(w) Notice
Any notice required to be a.J en erc...._,Lr
may be given by registered .late_: s ...ressf d
to the other party at its principal Aloe
oyryf? business and 'shall be effective as o
the cute of the deposit thereof i the
Rost Office.
22. Wherever in this'aareerent the word "owner" and the
pronoun "it" is used, it shall be read and construed
as "Owner or Owners" and "his", "her" or "their"
respectively, as the nurber and gender ray require,
and the number of the verb agreeing therewith shall
he construed acccrdinaly.
23. The provisions in Schedules "A", "B" and "C" attached
hereto shall form part of this agreeient.
24. Time shall be of the essence of this agreement.
i
1
1
25. This agreement and everything herein contained shall
enure to the benefit of and be binding upon, the parties
hereto, their successors and assigns
IN WITNESS WHEREOF the said >a_ties have hereunto lfixel•a
their Corporate Seals attested to by the hands of their proper
officers in that behalf fully auth , rued.
SIGNED, SEAT ETD A SND BE .IV7P„--'
per
per
per
TIME LT_?:_` S
The time limits for the completion of the works herein sball be.
(a) With respect to underground services _ one tear fron the
date of the registration of the final plan cf subdivision,
(b) With respect to above ground services - two years from the
date of the registration of tl;e plan of subdivision..
SCHEDULE "B"
1. The Owner shall arrange at no cost to the Town for grant-
ing to the Town such easements as the Director of Public
Works or his cesi.cnate'shall deer. necessary for the. pro-
vision of storm sewer services both within the boundaries'
of the development and across lands adjacent to the
development but outside its boundaries.. Such easements
shall be subject to the approval of the Director of
Public Works or his designate as to their location and
width. The construction of any services in such ease-
ment or easements shall not commence until the easement
has been acquired, unless permission to do so has been
obtained by the owner, in writing, from the Town and
frrm the registered Owner of the lands: across which the
easement shall lie.
2. The amount of the Liability Insurance Policy required
in section 12 of this agreement shall be
3. The amount of Performance and maintenance Guarantee as
required in section 13 of this agreement shall be
4. The Owner shall pay to the Town or or before the regis-
tration of this agreement the sum of $15,500.00 by
certified cheque and such payment shall relieve the
owner of any contribution of lard for park purposes.
5. Owner agrees that prior to the issuance of building
permits for any of the units to be erected on the lands
it shall submit architectural and siting plans for all
of the units to the Town for approval. The Owner
agrees to engage the services of only one architectural
firm to co-ordinate the design for all units and that
firm is to be the co-ordinator throughout the design
approval process.
The siting plans may be required, at the Town's option,
to provide the followi°g information:
(a) Streetscape"for front and rear elevation at a
scale of 1/4" to 1 foot;
(b) streetsc?,pe'to show all street furniture and
vegetation;
(c) any other data or information requires; by the
Town including but not necessarily limited to
types and colours of exterior materials, and
streetscapes of existing homes outside the
subdivision which front the subdivision.
5. (a) The Owner shall construct within the Town of
Pickering industrial/commercial buildings
having a total floor area of not less than
25,000 square feet and that based on the
Town's 40 `(industrial/commercial) 60
(residential) ratio, the owner is entitled
to 25 credits upon which the same number
of building permits may be issued in accord-
ance with the terms of this agreement.
(b) The required industrial/commercial buildings
shall be completed within the two years
immediately following the registration of
the final plan of subdivision herein, or on
or before the 31st day of December, 1979,
whichever shall first occur.
SCHEDU _ (Cont`d',
!c; Is, at the end of the year 1973, the
required industrial/commercial buildings
have not been constructed, then co=menc
i.ng in 1980, the Owner shall, pay; annually
tc the Town. the su,:-, of $8,750.00 as liqui-
dated damages until the required industrial/
commercial buildi^gs have been constructed.
(d) The Owner shall leave deposited with the
Town its Performance Guarantee in the
amount of $25,000.00 to guarantee the
satisfactory completion of the required
industrial/co,mrercial buildings on or
before the 31st day of December, 1979, and
to secure the payment of any liquidated
damages that may become payable under (c)
above.
7. The owner further agrees that should any letter of
credit or bond required to be given under the terms
of this agreement expire during the currency of the
agreement, the Owner shall provide to the Town at
least thirty (30) days in advance of the expiry date.
of that letter of credit or bond a farther letter of
credit or bond, as the case may he, to take effect
upon the expiry. Such further letter of credit or
bond shall be to the satisfaction of the Town. Should
no such further letter of credit or bond be provided
as required, then the Town shall have the right to
convert the expiring, letter of credit or bond into
cash and hold the cash in lieu of and for the same
purpose, as any further letter of credit or bond.
8. The Owner further agrees to convey to the Town, free
and clear of all incumbrances, within thirty (30)
days of the registration of this agreement, flocks
A, H and C, as indicated on the draft plan of sub-
division,' as one foot reserves:
9 The Owner agrees that prior to the issuance of build-
ing;permits for any of the units to be erected on the
lands it shall`. submit a landscaping plan for all of
she lots and blocks on the plan to the Town for
approval. The Owner further agrees that upon approval
by the Town of a landscaping plan, the landscaping
works shown on the, plan shall be constructed; installed
or planted, as the case may be, in conformance with
the landscaping plan according to the time limits set
out in Schedule "A"
10. The Owner further agrees to provide, at its expense,
a temporary turning circle at the north end of the
proposed road. shown on the plan, such turning circle
to be constructed to the standards and recuirements
of the Town.
11. The Owner further agrees that, prior to the issuance
of any building permit for any building to be con-
structed upon any lot in the plan, it shale remove,
at its own expense, all existing structures presently
located on any lot in the plan.
12.; (a) The owner further agrees that it shall permit
the Town to enter the property prior to the
commencement of any construction thereon for
the purposes of identifying any trees exist-
ing thereon, which in the 'opinion of the Town,
shall'; be, preserved by the -Owner.
SCHEDULE ;Con t' a)
(b) During construction =Ai trees to be preserved
on the property shall be fully prorected
against damace. Protection shall be applied
in the following manner prior to commencement
of any construction:
1. The area within the drip line of all
existin7 trees (groups or individual)
shall be protected with'ter.porarv
fencinc which shahs have posts equi-
valent to 4" x 4 set 3< feet into the
ground and extending 5 feet above the
gro?nd,'subject to Lhe law in this
regard, set at intervals not to exceed
8 feet. Two 'cross z:erbers of 2" x 6"
shall be installed between these posts.
Snow fence shall be secured to these
cross members to completely enclose
this area;
2. The area within the protective fencing
shall remain undisturbed and shall not
be used ' for the storaeae of building
material or eq, ipn'.=ent, J
3. Tree protection: shall remain in place
until the planting p as, of the proj(-,ct
is started, and then it shall be
removed forthwith.
(c) If the nature oi: the deG lop,-.Iont r* !uJ-Tcs a
change of ground elevation (lowerir , oz, rai.sino
of grades), cutting of root-, or othc-r ? ctJon
which may, in the opinion of the Town, a:)c .:e>tri-
mental to the tree or trees to Lc pre^scrvt-,d,
the Owner shall advise the -own prior to chang-
ing such elevation, cutting roots, or taking
other action, and obtain to consent of t:c
Town thereto. In granting its consent, the
Town may impose further controls or conditions
to.. its satisfaction.
(d) Prior to the commencement of any construction
the owner shall submit to the Town for its
approval a,proposed watering and fertilizing
program to assist the trees to be preserved
to adapt to the new conditions resulting from
the development of these lands. The owner
further agrees that upon approval by the
Town of such a program, the program shall be
implemented and continued as approved.
(e) Trees to be preserved that die or are damaged
beyond repair during construction shall be
replaced by the Owner at its own expense wi n
trees of a size and species approved by the
Town.
SCHEDULE "C"
All and singular that certain rcel or tract of land an -rem-
4ses situate, lying and being -in the Tc.wr of Pickering in the
Regional zlunicipality of Durham and Frovince of Ontario any
being composed of all of Lots 89 to 92, inclusive, according
to a plan registered in the Retiistry Office for the Registry{
Division of Durhain as Plan No. 359.
DATE' G
PARCIVAL L7E E1,
- an
THE CORPOniTION', 0,' THE TCAV.-,?
OF P!Cr ERIRE,
SUBDIVISION AGRF!.` ,, ;'
Tuwn of Pickering,'
1?10 Kingston' Road,
Pickering, Ontario;
L1V 1C7s