HomeMy WebLinkAboutL 26/98;l`
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REPORT TO COUNCIL
FROM: Penny L. Wyger DATE: Ftbruery 20, 1998
Town Solicitor
REPORTNUMUER: L26/98
SUBIEC'f: 704658 Onterto Limited/Laurcne Geruude Forbes & Williem Pcrcy Forbes
- Draft Plan 18T-87065A
- Subdivia(on Agrcement
RECOMMENDATION:
A bylaw shauld be enacted lo authoriu 1he execut(on of e Subdivision Agreement belwecn Ihe Town and 704858
Onwrfo Lim(tedll.aurcne Gertrudc Forbes 8c William Percy Forbcs, respecting Ihe developmenl uf DrnR Plan 18T-
87063A.
ORIGIN: Onlario Municipal Doazd Deci�ion approving Drafl Plan 18T•87065A.
AUTFIORITY:
PlunningAcl, R.5.0. 199U, chapter P.13, sec�ion S I(6);
AlunfclpalAcf,R.5.0, 1990.chapierM.43,sectlon 19I(I),
FINANCIAL IMPUCATIONS:
Capi�al Contribwions:
Developmrnt Charges (Town portion) SI65,478
Developmem Chnrges (Pickering flydro portion) Z2 sqZ
Parklnnd (SSe of Apprnfsal Velue)
Operating CoNribution�:
Engineering Drawing Inspcctfon Fee SI,190
Subdivisfon Agreement Processing Fec 3,000
Conswclion Inspection and Tcsting Fee� Town Cost
BACKGROUND:
'flie proposal lo subdivide end rcgister a plan of:ubdivisfon of part of Lot 30, Concession 2, Pickering, has been
approved by �he Ontarto Municipal Uoard as pralt Plan 18T-8706SA, subject to scveral condilions, one of which
rcquircs the entering into of a sstisfectory Subdivfsion Agreemenl wi�h The Corporalion of the Tow•n of Pickering.
Enactment of Ihe drofl bylaw atteched hercto will authoriu the exaution of the Subdivlsion Agrcement Whfch
provide for the devalopment of the 35 unib composed of ]4 semi�detached and 1 existing single dtlached unit
within thls project.
ATTACHMENTS:
I. Lacelion map.
2. Site sketch.
3. DreR bylaw.
� _
Penn er %�—
DB:Ic
Apuhmrnu
Copy: Oeneml M�neger
Dircnor of Planning
DircctorofPoblic Work�
Dircc�or of Puk� end Fullitla
Town TRUUrer (Acting)
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7'HE CORPORATION OF TIIE TOWN OF PICKLRIN
BY•LAW N0. 5227/98
Being a by�faw �o aurHakc rhe rxeruilon oJ a Subdivtrlan
Agreemen� and relared daumenratlon propoJing ru aa6divfde parf oj
Lof 30, Conce.r.rfon 3, Plckering f70�8J8 Onfurlo Llmlled/Laurene
Grn.ude farber and NYfNam Perc�� Farbe:, Drufi Plon 18T-
87063A).
WHEREAS tl:: propoul lo subdivfde and regisler a plan of subdivision of Pan Lo130, Concession 2, Pickering, has been
approved by �he Ontario Mun(cipal Board as Drall Plan 18T-67065A, subject to several condilions, one of which requlres the
entering into of a salisfactory Subdivision Agreement with The Corporation of the Town of Pickering, punuant lo the
provisions of the Plnnning Ac�, R.S.O. 1990, chapter P.13 section 51(6) and
N'HERGAS, pursuant to the provision of the Afunirl�wl Acr, R.S.O. 1990, chapur MAS, sec�ion 191(I) the Coundl of Ihe
Corporaiion of the Town of Pickering may pass bylaws for acquiring any land or inlerest therein for 1he purposes of �he
cor�wrailon;
NON' TIIC•REFORE, the Council of �he Corporotion of ihe Town of Pickering HC•REUY ENACTS AS FOLLO�YS:
I. The Mayor and Clerk nre hereb� authorized �o execum a Sulxfi�ision Agreement substantiall�• in accordance wi�h
�he form anached hereto as Schedulc A, beteeen 741838 Omario Limitcd Laurrnc Genrude Forbes end William
Perc� Forbes end The Corporation of ihe Toun of Pickering, respening �hc developmem of Part Lot 32, Concession
�. Pickerin6, being Drafl Plan IST•7063A.
?. 7he Corporation of �hc Town of Pickering shall acquire Ihose lands or imerests in Ihe lands refened to in section Jd
and Identified in Schedulc A of Ihat Subclicision AgreemeN subjeci to �he tcrms and conditions and for Ihe purposes
sei out iherein.
J. Thr Maqor and Clerk ere hereby authorized lo etecu�e Tiansfcrs�Dceds of Easemem in ihe form atlnched hcrcto ns
Schedulc U, effecling Ihe acquisiiion by Thc Corporatiun of ihe ToNn of 1'ickering r,( any imeresls in Iwid in Ihe
naiurc of stomi drainagc Norks eascmmis respecting the de�elupmcm of Urafl Plan I8T•89106.
IlY•LAN' read a first, second and �hird time �id finall} passed this 9ih da� of Afarch,1998.
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fJe IIi�ItOUA
Waynr Anhurs, Mayor
Bruce Taylor, Clerk
' Schedule A 1
`iHIS SUBDIVISION AGREEMENT mede March 9,1998, pursuent to the provlsions of scction 51 of A�e Plonning Acr` 3��
R.S.O. 1990, chepter P.13,
BETWEEN:
LAURENEGERTRUDEFORBES,
WILLIAM PERCY FORBES
and
704856 ONTARIO LIMITED
hercin collectively ceiled the "Owner"
and -
THE CORPORATION OF THE TOWN OF PICKERING
hercin celled the "Town"
OF THE FIRST PAFT,
OF THE SECOND PART.
WHEREAS the Owner proposes to subdivide Part of Lot 30, Conccssion 2, in the Town of Pickcring, in the Regional
Municipality of Durham, and to register a plen of subdivision of those lends, es shown an a dreft plan of subdivision
designated as Drafl Plan Number IBT-87065A, end is rcquired es a condition of approvel thereof to entcr into e
subdivision agreement wilh the Town pursuant to section 51 of the Plmming Ac1, R,S.O. 1990, chapter P.13;
NOR' THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideretion of tlie Town conscnting to thc
registration of the proposed plan of subdivision, and the covenants hereinafter expresscd, thc Panics hereto covenanl and
agrec onc with the olhcr as follows:
PART !- INTERPRETING AND APPLYING THIS AGREEMENT
I. LAND AFFECTED
The lands affected by this Agreement (thc "Lands") are Luts I-18 and Block 20, Plan 40M-
Pickcring.
2. STATUS ()F THIS AGRF.EMENT
( I) In the event the plan of subdivision is nol rcgistered on or bcfore Novcmber 9, 1998, this Agreemcnt
aliall be null and void and of no further effect, and the Town shall not be liable for eny expenses, costs or
Jnmages suffercd by the Owner es a result thereaf.
(2) This Agreement is entered into and executed by the Owner for ihc purpose of heving the Town act in
reliance on the covenenls by the Owner conteined herein and the Owner hereby H•aives any right or cleim
which it now has or mey hereinafter ecquire which is inconsistent with the terms of this Agrecment.
3. INTERPRETATION
(I) Whenever in this Agreement the pronoun "iC' is used, it shall be read end construed az"he", "she",
"they", "him", "her" or "them", and the uumber of the verb agrceing thercwith shall bc construed
accordingly.
(2) Schcdules A, B, C and D atteched hereto shall form part of this Agrecment.
(3) Time shall be of the essence of this Agreement.
4. BINDING PARTIFS
This Agrccment shell be cnforceeble by end age(nst the Parties hercto, their heirs, estatc, administreloa,
successors end assigns, end thc Agrceieent end all the covenants by ihc Owner conteined hercin shell run wiih
the Lands for thc benefit of thc Town and Ihc land or intcrcsu In land owned by the Town upon the rcgisiretion
of the plan.
,S NOTI�
1 n
N) Any notice rcquircd to be given hereunder mey be given by personal delivcry or registered mail,
(a) in thc case of tiie Owner, to ,
704858 Ontario Limited
do Grent Morris Associates
289 Starview Court
Pickering, Ontario
LiVSVI
end
(b) in the case of the Town, to
The Town Clerk
Thc Corporation of the Town of Pickering
Pickering Civic Complex
One The Esplanede
Pickering, Ontario
LIV 6K7
(2) Each Pany may redesignate the person or the address, ar both, to whom or to which such notice may be
given by giviag written notice to the olher.
(3) Any notice given in accordance with this seclion shnll be dccmcd to hnve becn given on the sccond day
following the day of dclivery ar ihe day of mniling, es the case may bc.
6. LICENCH TO ENTER
The Oaner shall retnin a licence from any subscquent purchascr of the Lends, or any part thereof, to enablc ihe
O��ncr and the Town's inspectors to cnter upon thc Lands in ordcr to comply with the provisions of this
Agreement.
7. OWNER'S GENERAL UNDERTAKING
7'he Owncr shall complele in a good workmanlikc manncr for the Town, ell the municipal services as hercinnfler
set fonh to ihe salisfaction of the Town, and shall complete, perfortn or make paymenl for such other matters as
may be provided for herein.
8. OWNER'S EXPENSE
Every provision of this Agreement by which Ihe Owner is obligated in any way shall be deemed to include the
words "et the expense of the Owner and et no oxpense to Ihe Town" unless the context rcquircs othenvise.
PART 2- CONSTRUCTING THE TOWN'S SERVICES
9. CONSULTING ENGMEERS
( I) The Owner shell r:tein a Professional Enginecr es the Cansulling Engineer of the Owner to carry out ell
Ihe neeessary engineering and to supervise the work rcquired to bc done for the devclopment and
� construclion of the project.
(2) Such Consulting Engineer, or any successor therelo, s6a11 continue to bc rctained until the e�otk rcquircd
to be done for ihe development and construction of the proJec� is completed end formally accepted by thc
Town.
(3) The Owner may chenge fram one Consulting Enginecr to anothcr pt any timc or timcs during thc
devclopmem and conslruct(on of thc projecl, so long es thc Owncr has a Consulling Engincer rcleincd at
ell timc�.
. 2
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(I) The Owner shall obtain ell rcquircd approvals and ahell construcl or inslal) to Town s�andards end shall
provide to the Town, completc in every detail, the following Town works and urvices (the "Works") as
shown on plans submined by the Ownera Consul�ing Engineer to Ihe Town and epproved by the Town's
Dircctor of Public Works In eccordencc with the'fown's specifications for such Works:
(a) Town roeds within the plan, complete wilh ell signs end other eppurlenances;
(b) Town roeds edjecent to the plan end not separeted Gom ihc plan by a reurve or rescrvcs,
completc wi�h ell appunenenees;
(c) removal end rcplacement of eny temporary tuming circle Ioceted immediately adjacenl Io �he
plen on a Town road to be axtended into thc plen;
(d) strcot storm scwers on roads rc&rred to in (a) and (b), complatc with curbs, gutters, catchbasins
and manholcs;
(e) slorm Hater drainege and management system serving thc lands in the plan and lends outside thc
plan bw drnining through thc plan, complctc with de�ention or rctcntion facilities, qua�iry control
devices end ouqets;
(� boulevards and sidewalks on Town roads within Ihc plan, an Town ror.is adjncent to thc plan but
not separated Gom the plen by a reserve or reserves, and on Town ronds to be extended into thc
plan where the Owner is required to remove and replace e temporery tuming circle;
(g) streel lighting on Town roads within the plan, on Town roeds adjeccnt to the plan but not
separated from the plan by a reservc or reserves, nnd on Town rouds to be extended into Ihe plan
where ihe Owner is required to remove and replace a lemporary tuming circle;
(h) street tree planting on Town roads wi�hin the pinn, on Town roads edjaccnt to the plan but not
separated Gom Ihe plen by a reservc or reserves, and on Town roads to bc extcnded into the pinn
where the Owner is requircd to rcmove and replace n tempornry wming cirde;
(i) wnikways on wnikway blocks and park entranccs, completc wilh walkway fencing and lighting;
and
Q) ather fencing, including,
fencing edjecent to commercial sitcs, school sites, parks, open space, storm watcr
managoment fncilities and roads adjacent to thc plen end saparated Gom the plan by n
reservc or reserves, end
(ii) noise aqenuation fencing.
(2) If at any time prior to the acceptance of the Works, ihe Town's Director of Public Works is of the opinion
thet additionel works are necessary to provide adequately any of the public services required by the
project, the Owner shell conslruct, install or perform such edditionel works et the request of the Direc�or.
(3) All Works shell be constructed and installed in accordance with the Town's specifications and in a good
and workmanlike manner under the supervision of the Owners Consulting Engineer end undcr thc
observetion of the Town's inspectors or, in the case of street lighting, Pickerinq Hydro's inspectors.
(4) 7'he Owner shell sonducl video inspections of all underground services rcquircd to be constructed or
installed hercby and shell provide a VHS-fortnat videotepe rccord of those inspections to Ihe To�sn.
(5) The Owner slull pay to ihe Town the Town's costs of inspectfon, including but not nceessarily limited to,
salaries and weges of inspectors, testing kes and edm(nistretion &es, within 30 days of invoices bcing
rendered,
GENERAL REGULATIONS RE P TINQ C4R�J�CIN
(I) The construction of Town ruuds al�ell include the construct(on of paved driveway approaches beluan
the curb end sidewelk or, where no sidewelk is to be provided, bctwcen the curb and the lot line.
(2) Whtre the conslruction or installation of ecrv(ces Involves a continualion or extension of e�isting
eervica, lhe Owner shell join into the existing aervica, Including edjuslmenl of gredes wherc naessep•,
in a good end workmeniike menner.
(3) The Owncr shall not dump nor permit to be dumped eny fill or debrie on, nor remove or permil lo be
13� rcmoved any fill from, any public lands, other than in thc aclual conslruction of roads in ihe project
without thc wriqen consent of Ihc euthority rcsponsible for such lands.
(4) The Owner shell not bum nar pertnit to be bumed any refuse or debris withln Ihe projul or edjacent to it.
(5) The Town's Director of Public Works may huve quelitetive or quantiletive tests mede of eny materials
which heve been or are proposed to be used in the construction or instellntion of eny servias required by
Ihis Agrcement, and the cost of such tesls shall be paid by the Owner within 30 days of invoices being
rcndercd.
(6) The Owner shall pay, wilhin 30 dnys of invoices being rendcrcd, the costs of,
(o) relocating any existing services or utililies rcquired to be rclocated by the conswction or
instellation of Works, services, or ulilities in Ihe projecl; and
(b) moving any Works, services or utililics installcd in driveways or so closc thereto, in Ihc opinion
of the Town's Director of Public Works, es to inter(cre with the use of the driveway.
(7) Unless othorwise provided herain, the Owner shall perform any work requircd to be donc under this
Agreement to the specifications of Ihe ToN�n in ef(cct et thc datc hcrcof.
(8) The Owner shall providc and erecl temporary signs of such nalure and at such locations as designated by
the Town's Director of Public Works.
12, GLECTRICALSERVICES
Where elcciricily, cablc tclevision scrvicc or telephone sen•icc is to bc providcd to any lot or block in the project,
it shall be providcd underground nnd in accordance with thc standurds and specifications of Pickcring Hydra
Electric Commission, Trillium Cabic T.V. Limitcd or Ucll Canada, as thc cese mey be.
13. TREf:INVENTORY /TREG pRF.SF.RVATION PNOGRA�1
(I) The Owner shail submil a Tree Im•entory� and a Trcc Prescn•n�ion Program prepared by e qualified
cxpert, and bnscd upon thc Town-approacd Gmding Control Plnn, indicaling which cxisting irces in the
project mey be preservcd to �he Town's Dircctor of P�anning for the revicw end epprovel of the Town's
Director of Planning and Dircclor of Parks end Fecililics, nnd shull implement ihe Program as approved
only.
(2) Until the Tree Preservalion Program is approved Ihc Owner shall not commence, nor allow to be
commenced, any aspect of the deve�opment of thc lends in thc project, including the removal of eny tree.
(3) In the event lhat any Irce requircd to be preserved by the approved Tree Prescrvation Program is rcmoved
or is, in the opinion of the ToHn's Dircctor of Perks end Facilities, damaged to such an extcnt thut its
veluo or longe�•ity is decrcesed or is likely to be dccreased, ihen ihe Owner shall rcplace that lrce with e
Iree of e height, diemeter and species determined by Ihe Director; such replacement shal) be et no cost to
thc Town.
(4) The Ownet's liability under subsection (3) shall continuc until,
(a) wherc the lands upon which the trce is located comprise a rcsidential building lot or block,
twelve months afler the completion of lhc sodding on the lot or block; or
(b) wherc the lands upon whia the trce is locatad comprise lends other lhe�i e rcsidenlial building
lot, the issuance by the Town of the Final Acceptance Certificate.
14. GRADING CONTROL PLAN / LOT DRAINAGE AND SODDING
( I) The Owner shall submi� to thc Town, for the approval of the Town's Dircctor of Public Works, � Groding
Comrol Plan (including a gcotechnicel soils anelysis) prcpercd by the Owners Consulting Enginecr,
establishing the proposed greding of tha lends in the project to provide for thc proper drainage thercof
end Ihe droinage of all adjacent IanJs whlch drain Ihrough the lands in the proJcet.
r
(2) The Greding Control Plan ahall be prcpared in accordenc: with the Town's Lot Drainage Specificatio 3J
and shall not provide for the dreinage of surfece run•off water onto Town•owned parkland, opcn space or
walkweys unless provis(on is mede for the instellation by the Owner, et no cosl to the Town, of suiuble
swales end cetch basins to menage edequately, in the opinion of the Town's Director of Perks end
Facililies, thet sudece run•offwater.
(3) The Owner shell grede all the lands in the proJect in eccordence with Ihe epproved Grading ConVol Plen,
ensuring thet su(licient topsoil remains as cover on ell arcas of the project intended for sodding, seeding,
or other planting.
(4) Ifthe Town determines �hat,
(a) grading has nut been done in accordance with the Grading Control Plan;
(b) grading has been done in accordance with ihe Grading Conlrol Plan but drainage problems
remein; or
(c) suflicient topsoil has not been lefl in the appropriate arcns.
the Owner shall re•grade the project, or part thercof affecled, adding a su�cient amount of topsoil if
necessnry, or construct catch basins, swnles or othcr siructures as may be necessary to correcl such
problems, as direcled by the Town's Director o( Public Works.
(5) The Owner shall sod the Gont, side and rear ynrds of ench of the rcsiCentiel lots end blocks in the projecl
except for paved, plamed or trced arcas prior to thc occupancy of the dwelling unit located thereon or
within the six months immediately thereafler except, �tihere the occupnncy of the dwelling unit occurs in
Novcmtxr or December of any year, the timc limil for sodding mny be cxtended to lune 30 in ihe
(ollowing year.
I5. AUTHORIZATION TO COMMENCE WORk
Thc O�rncr shell not commencc thc construction or installation of eny of Ihe Warks without Ihc wriuen
Au�hori�n�ion to Commencc Work of �hc Town's Director of Public Works, which Amhorization shall not bc
issucd unlil:
(a) four red-lined copies of this Agrecmem executcd by Uic Owncr und all Encumbrancers havc bccn
provided lo thc Town to Ihe satisfaction of thc Toun Solicitur;
(L) all of Ihc insurancc rcquircments oWlincd in scction 24 togelher with any securities requircd by ihis
Agreement have been provided to the satisfaclian of thc Tcwn Trcasurer and thc Town Solicitor;
(c) all epprovals and permits have been obtaincd by the OH�ner from the Minisiry of ihe Environment, Ihe
hlinisiry of Naturel Resources and the Metropolilan Toronto end Region Conservation Aulhoriq�, or a
certificate has been provided by the Owner's Consulting Engincer that no such epprovals or permi�s ere
required, along with all approvals rcquired by this Agrecment;
(d) conveyance of good tille, frc: and clear of all encumbrances, to the Town, of ell necessary Easemenis
and Trans(ers of interests in lends lying outside of the Lands as identified in Schedule A; and
(e) the Owner's Solicitor has provided, at the Owner's expensc, a certificale of clear tille, to the satisfaction
of the Town Solicitor, of all the lands and interests of lands convoyed to the Town, lying outside of the
lands, as set out in Schedule A hereto.
16. USE OF WORKS PENDMG COMPLETION / EMERGENCY REPAIRS
( I) Any of the Works may be used by the Town, or by such other person or agency es mey be authorized by
the Town's Direclor of Public Works, for the purposes for which the Works ere designed, and such use
:,hall not be deemed en ecceptence of any of the Works by thc Town, nor an essumption by thc Toµn of
eny liabiliry in cunneclion therswith, nor a release of the Owner from any of its obiigations under this
Agreement.
(2) The Town mey meke emergency rcpairs at any Iime to any of the Works end mey for this purposc cntcr
�he Lands et eny time; such rcpeir or eniry shali not be deemed an ecap.ence of any of thc Works by �hc
Town, nar an essumption by thc Town of eny liebility in wnnection therowith, nor e rcleesc of thc
Owner from eny of ils obligedons under Ihis Agrcement. •
'17-3 7NTERNAL / EXTERNAL ROAD MAINTENANCE AND REPAIR / SNOW PLOWING
(1) Throughout the term of lhis Agrcement, lhc Owner shail,
(e) maintain all Town roads withfn the project in e mud and dust Gec condition and free of
obstructions, regardless of the source or cause of any mud, dust or obstruction;
(b) meintain all Town roads outside ihe project, including bouleverds, in e mud end dust free
condition and frce of obstructions, wherc the source or cause of the mud, dust or obsttuction is
en operation or operetions related in eny way to the development of 1he project;
(c) repair all Town roads outside the project, including boulevards, where damege has occurted as a
rcsult of an operation c: cperatious rclated in any way to the developmcm of the projcct; and
(d) plow snow Gom end sslt all Town roads within thc project that ere not subject to the Town's
winter control program.
(:) The Owner, within 24 hours of verbal notificalion by thc Town to it or ils ropresenlalives, shall undcrtake
such works as arc necessary to cican, clear, repair, plow or salt any Town road requiring such work in the
opinion of the Town's Dircctor of Public Works or his designate.
18. COMPLETION DATES - TOWN WORKS AND SERVICES
( I) The Owner shull complele Ihe Works in accordance wi�h Ihe following lime limits:
(u) Town roads within Ihc plun - two years Gom dete of Aut6oriza�ion to Commence Work;
(b) Town roads adjacent to ihc plan • two ycars Gom dutc of Amhorization lo Commence Work;
(c) removal and replaccment of any temporary luming circle - two ycars from dalc of Aulhorization
to Commencc Work;
(d) slrcet starm scHCrs • onc ycar Gom dale of Authorizntion to Commcnce Work;
(c) stortn waler drainagc and mnnegomcnt system (including grading end lop-soiling of non-
residcntial lots nnd blocks) • onc ycar Gom date of Authorization to Commence Work;
(�(i) boulcvards and sideH•elks on ToHn roads within Ihe plan, on Tawn roads adjecent to the plan but
not sepamled Gom the pinn by a reservc or reserves - six monlhs efier occupancy of first
dwelling to be occupied edjacenl to segmenl as identificd by the Town's Director of Public
Works, but no latcr Ihan Iwo ycars Gom datc of Awhori7ntion to Commencc Work;
(Q(ii) boulevards and sidewalks on Town roads to be extendcd into the plan where the Owncr is
req�ired to rcmove end replacc a lemporary wming circle - two years from dete of Authori�alion
to Commence Work;
(g) street lighting - one year Gom date af Authorization to Commence Work;
(h) sucet tree planting • two ycars Gom date of Authoriration to Commence Work;
(i) walkways, walkway (encing and walkway lighting - prior to the occupancy of any dwelling
adjacent therero;
QHi) other fencing adjacent to,
A parks, open space and storm water management fecilities - prior to the occupancy of any
� dwelling adjncent thereto;
B commerciel sites end school sites - one year from date of Authoriretion to Commence
Work;and
C roads adjacent lo the plen end separated from thc plan by a rcservc or rcserves • si�
months aRer occupancy of first dwelling ta bc occupied edJecent Io segment as identified
by the Town's Director of Public Works, but no leter then two years from date of
Aulhoriratlon to Commence Work; and
QXii) noise anenuetion fencing - prior to the occupancy of any dwelling edJecenl thercto,
6
137
following the aetisfectory completion and testing of ell of which, and the approvel thereof by the Town,
the Town shall issue to the Owner a Complelion Acceptence Certificate,
(2) Daspite the provisions of subsections (Ixixi) end (IKjxi�, where the occupancy of the firat dwelling
unit occurs in November or December of any year, the time limit for construction of the edjacem
boulevard, sidewalk or fencing segment shall be extended to June 30 in ihe following year.
19. FAILURETOCOMPIETE/IMPROPERPFRFORMANCF
(1) If, in thc opinion of ihe Town's Director of Public Works, lhe Owner is not constructing or installing Ihe
Works, or causing thcm to be construcled or installed, within the specified time or so Ihat they may bc
comploted within ihe specified time, or is improperly performing the Works, or hes r:glec�ed or
abandoned them before completion, or has unreasonably delayed them so that the terms end conditions
of this Agrcement are being violatcd or executed carclessly or in bad feilh, or has negleaed or refuscd to
renew or egein perform Works rejected by the Dircctor of Public Works as defective or unsoiteble, or has
in any other manner, in the opinion of the Dircctor of Pu61ic Works, defaulled in ihe perfocnnnce of thc
terms and canditions of this Agreement, then ihe Director may natify the Owner and his surety in writing
of lhe default or neglect and if the notification be �aithout e(fect for seven days, then the Director shall
heve full euthority to make any payment or do nny Ihing, including but not limited to obtnining malerials,
tools and machinery and employing persons required for the proper complelion of thc Works or
rectification of the default, at the cost and expensc of the 0��ncr or his surety, or both.
(2) In cases of emergency, in the opinion of the Dircctor of Public Works, such Director may act without
prior notice but ihc Owner and its surety shall be notified forth���ith.
(3) The cost of recti(ying Ihc defeult shall bc calculatcd by Ihe Dircclor of Public Works, whose decision
shall bc final, and may be charged to Ihe OHncr, togethcr with a 25 per cent engineering and
edmiuistretion ke, by drnwing upon thc Icttcr ofcrcdi� filcd ��iih Ihe Town under section 21.
20. GUARANTEF.OF WORKS. WORKMANSf11P AND MAT�RIAI S
( I) The Owner sheli guarantcc all Works, aorkmanship nnd materials cmployed or used in Ihe construciion,
inslallalion or completion of Works, scrvices anJ othcr rcquirements under Ihis Agreement for a
minimum period of tao years Qhc "maimcnencc period") following Ihc issuance of thc Completion
Acceptance Certificntc by thc Town.
(2) Dcspite any olher provisions of this Agreemenl, Ihc responsibilitics of the Owncr during the maintonance
period shall include Ihe maintenance of �he Works, including thc rectification of any unsatisfnctorily
installed Works.
(3) Prior to the end of the maimm�ance poriod, Ihe Owncr's Consulting Engineer shall submit to the Tow•n,
(a) "as buill" construction drawings for the Works completc es per Town standards, together wi�h
that Consulling Engineers certificatc thal those drawings accurately depict ihe Works as
construcled; and
(b) a statement by an Ontario Land Surveyor that all standard iron bars as shown on the rcgistcred
plan, end survey monuments at all blak comers, at the ends of all curves (other than comer
roundings) end et all points of chenge in direction of slrcets in the plan heve been found or re-
established.
(4) Prior ro Ihe rnd of the maintennnce period, the Town will re•inspect the Works end if,
(a) the Works arc ecceptable; end
(b) the Owner has perfortned all of its obligetions under thc terms of this Agrcement to thc
satisfaction of the Town,
the Town will issue to the Owner e Finel Acceptance Certificate et which time the ToNT will essume
awnenhip of the Works end the oparation and meintenencc thercaf, and thc matntenancc period a�ill then
end.
(5) If upon the re-inspeclion conducted prior to the end of the meintenence period,
(a) the Works are not eccepteble; or
13$ (b) the Owner hu not performed ell of iu obligations under the terms of this Agreemem to the
utisfaction of ihe Town,
the Town will advise the Owner of the deficiencies, the expected rectificetions, and the time limited for
implementing lhe rcctifications (ihe "rectification period") and the meintenance period shail be extended
to the end of the rectification period.
(6) At the end of the rectification period, the Town will rc•inspect the Works end if,
� (a) the Works arc acceptable; and
(b) the Owncr hes performed all of its obligetions under the terms of this Agreemenl to the
satisfaction of the Town,
the Town will issue to the Owner a Final Acceptance Certificate al which time the Town a•ill assumc
ownorohip of the Works and the operation end mainlenance thereof, end the mainlenance period will �hen
end.
(7) if upon the re-inspection conducted a� the end of the rectification period,
(a) the Works ere still not acceptable; or
(b) the Owner has not performed all of its obligations under the terms of this Agreement to the
satisfaction ofihe Town,
the Town's Direclor of Public Works shall dcicrmine, in his sole discretion, whether a furthcr
rectification period will bc granlcd, and, if so, upon Hhat tcrms end conditions, or whether the Taan
shall procecd under Ihe provisions of scclion 19, ar both.
21. PF.RFORMANCE AND MAINTF.NANCE SECURITY
(I ) Dcfore this Agrccmcnt will be exccutcd by Ihe To��n, thc O��ner shall file with the Town an irrcvocablc
Ictter of crcdit, issued by u chartercd 6ank in Canada and in an emount cstnb�ishcd by the Direclor of
Public Works (thc "originai valuc"), us n performance and mainicnance security for Ihe purpase of,
(a) guarantceing thc satisfactoq� construction, insta11a1ion or performencc of the Works;
(b) guaranteeing Ihc payment of eny amounts payablc to Ihc Town under this Agrecment;
(c) guarenteeing the paymeN of any amoum thai the Town may bc rcquired to pay uoder the
provisians af the Conxrruttlon Llen Acr, or eny successor thercto; and
(d) guaronteeing all Works, Horkmanship and materiuls during the maintenance period and any
rcctification period or periods and until a Final Acccptancc CeAificatc has been issued by thc
Town's Dircctor of Public Works.
(2) 'Ihe Owner may, at any time efter lhe first 50 per cent, in velue, of Works heve been constructed,
installed or perfortncd, and paid for, apply for a reductian in the securiry end such application shell be
made to the Town Treasuror.
(3) Upon written verification from ihe Director of Public Works thet the construction, installation or
pedormance of the Works for which reduction is being sought have been satisfactorily completed and
paid for, lhe Town Manager may reduce tho emount of lhe security to an emount not less than,
(a) 60 per cent of Ihe original value where no certificate or declaretion af substential performencc
has been madr,
(b) 35 per cent of the original value where,
(i) a certificate or declaretion of substantiel performence hes bcen published;
(ii) 45 days following such publication have expircd; end
(iii) all liens lhet may be claimed ageinst any holdback rcquircd to be rctained by the To��n
have expired or heve been salisfied, discharged or provided for by peyment into coun;
and
. 8
. 139
(c) 17 per cenl of the originel velue where,
(I) a cert(ficete of finel campletion hes been made by the Ownela Consulting Enginar;
(ii) 45 days following the making of such canificate have expired;
(iii) ell liens that n�by be claimed agains� any holdback required to be retained by the Town
have expircd or have Ixen sa�isfied, discharged or provided for by payment inlo court;
and
(iv) a Completion Acceptence Cerlificate has been issued by the Town's Direclor of Public
Warks,
which 17 per cent portion shall secure the guarantce of Works, workmanship and mnterials, until
e Finel Aceeptance Cenificate hes been issued by ihe Town's Director of Public Works, when the
balence of the securiry shall be rcwmed to ihe Owner subject to any deductions for rectification
of deficiencies.
(4) Upon the approval, if any, of a reduction in the amount af the security required to be provided in
subsection (1), the Town Manager or thc Town Trcasurer shall provide to the Owner any necessary
assurance to efl'ect the reduction.
22. OWNER'S GENERAL INDEMNITY
Until the Town's Dircclor of Public Works has issucd Ihe Final Acceptance Certificete for the Works, Ihe Owner
shall indemnify the To�an agains� a�l actions, causes o( actions, suils, claims and domands whatsoever, which
may arise cilher directly or indirectly by reason of the ONner undertaking the project or servicing Ihe Lands as
required under Ihis Agreemenl.
23. OCCUI�ATIONAL NEALTH AND SAFC:TY
( I) The Owner cenifies that it is aware of i1s duties and obligations undcr Ihe Occuparlonal Heallh nnd
Suj¢ry�Ar�, or any successor Ihcrcio, and all Regulalions thercundcr (in this section celled thc "Acl"), and
shall cnsurc that its cmplo��ces, contraclon, su6contraclors nnd Iheir cmployecs,
(a) are aware of Iheir respectivc dutics and obligations under the Ach and
(b) have su(ficicnt knowledge and iraining lo perform all works and scrvices requircd pursuent to
this Agreomenl sa(ely and in complience ailh Ihc Act.
(2) In the parformance of all works end serviccs required pursuam to this Agreemenl, the Owner shall,
(a) ect safely and comply in all rcspects with the Acl; and
(b) ensure thet its employees, contractors, subcontractors and Iheir employees acl safely and comply
in ell rcspects with the Act.
(3) 7'he Owner shall rectify any unsafa act or practice and eny nan-compliance with the Act immedietely
upon being notified by any person uf the existcnce of such act, prectice or non•complie�ue.
(4) The Owner shall pertnit rcpresentatives of the Town on the site wherc any works ar services rcquircd
purouant to this Agreement ere being performed et eny time or times for the purpose of inspeclion lo
determine compliance with this section.
(5) No act or omission by the Town or any rcpresentetive of the Town (including the entering imo of this
Agreement) shell be deemed to be en assumption of any of the dutios or obligetions of lhe Owroer, its
employees, contractors, subconvactors end their employees under the Act.
(6) In addi�ion to the Owners generel indemnification of the Town pursuant to section 22, nbove, thc OHncr
shell indemnify end save harmless the Town,
(a) Gom any loss, inconvenience, demege or cost lo the Town which may rcsull from the Owner or
eny of its employees, contractors, subcontractors end their employees feiling to act ufely or to
comply In all rcspccts with the Act in the performence of any work or aervice rcquircd punuent
to this Agrccment; end
9
i4� (b) ageinst eny ection or cleim, or costs rclated thercto, brought egeinst Ihe Town by any person
erising out of any unsafe act or prectice ar eny non•complience with the Acl by the Owner or any
of its employees, conuectors, subcontrectors end iheir employees in the performance of any
work or service rcquired pursuent to this Agreement.
24. LIABILI7'Y INSURANCE POLICY / PROVISION FOR DEDUCTIBLE
( I) Beforc this Agreement will be executed by the Town, the Owner shall file with the Town a Certifica�e of
Insurance verifying Ihat a Liebility Insurance Policy is in effect, sening out the essential tcrms end
conditions of the insurance, and naming the Tawn as additionel named insurcd, ell of which shall be
subject to Ihe approval of the Town Solicitor.
(?) The policy shell comply with Ihe following provisions:
(a) the minimum limit per occurtcncc shall be 55,000,000 all inclusive for property demagc anJ
personal liabili�y;
(b) it shall not contain a clause for exclusion for blasting: and
(c) it may not be cancelled unless prior notice by rcgistered letter has baen given to the Town by thc
insurer thirty days in advance of the expiq• datc.
(J) The policy premium musl be paid initially for a perial of one year and ihe palicy shall be rencaed for
further one year periods until the Final Acceptance Cenificaie has been issued by the Town's Director of
Public Works.
(4) If Ihc policy covcragc is subject to a dcductible amount, thc O��ncr shall file with the Town, when filing
ihc Certificate of Insurancc, a cenified cheque or letter of credil with the Town in the deductiblc amoum,
os a deposit, togethcr with a lotter Gom thc Ouncr authorizing the Town to appoim an independcN
adjusler and to invesligatc claims Icss Ihan Ihe deducliblc amounl and authorizing the Town to pay such
claims deemeJ valid by the edjustcr out of thc deposit; thc O��ner shall be rcsponsible for all edjustment
service costs and shall mnintain the dcposit throughout thc term of this agreament in ihe amount of ihc
dcductiblc.
(5) The provision of �hc insurancc policq rcquired by this sec�ion shnll not relieve Ihe Owner from linbilirv
for cinims not covcrcd b�• thc policy or µhich exceed its limits, if any, for ahich thc Owncr may be held
responsible.
PART 3- DEVELOPING TNE PROJECT
:5. CONSTRUCTION AND OCCUPANCY OF BUILDINGS
( I) No building pemiil shall be issued for any building or pan of a bnilding on the Lands until,
(a) al) buildings end structures on the Lands prior lo dreft plan approval have been demolished by
the Owner;
(b) uwer end water facililies arc available, and in tho opinion of the Town's Dircctor of Public
Works, capable of providing adequate service;
(c) an uphelt base hes been laid on the roed immediately in front of the building or part thercof end
extended to en existing meinuined road; and
(d) the Owner has paid to the Town the eppiiceble development charge for each dwelling in ihat
building or part thercof in eccordance with Bylee� 3854191, enected pursuent to Ihe
Devefopmenf Cliarge.r Act.
(2) No building or paA of a building on the Lands shall bc occupied except upon Ihe issuance of e municipal
occupency permit.
(3) No epplication for a municipal occupancy pertnit for a building or part of a building shall bc medc exccpt
upon the following conditions:
(e) storm sewer, aeniWry sower and water facilities erc ins�elled and in operation to adequa�ely serve
euch building or part thercof; .
(b) elecuic servlce is compleled and !n operatian; and
10
141�
(c) such curbs, es in the opinion of the Town's Dircctor of Public Works, ere required to be
completed Qrior to occupancy have been conswcted on the road immediatcly in front of the
buiiding or part thereof end extended to an existing maintained public road.
(4) The Owner shail maintain vehiculer access to all occupied buildings on Ihe Lands until the roads in thc
pinn arc formelly essumed by the Town.
26, pESIGN PLANAIING - RESIDENTIAL UNITS AND NO' E ATTENUATIOri ereurn ieFc
(I ) Prior to the issuance of any building permit for thc consiruction of any rcsidential unit on the l,ands and
the consWCtion of eny noise attenualion struclure in or adjacent to the project, the Qwnar shall submii to
the Town's Dircctor of Planning, for approval, a report outiining siting and architecturai design
objectives for the project.
(?) That report may be rcGuired, at the Directors option, to provide the following infortnalion:
(a) house mnssing;
(b) stratscape;
(c) exterior materials and colours;
(d) architectural sryle;
(e) visual variety;
(Q anorgy conservation measures;
(g) projection from the main dw�elling
(h) buildingenvelopes;
(i) house designs;
Ql siting;
(k) garagc dcsigns;
(I) locations;
(m)any olher data or information rcasonably requircd.
(3) Prior to the issuance of aach building pertnit for ihc construclion of a residentiel unit on Ihe Lands, the
Owner shall submit lo the Town's Direclor of Planning, for npproval, silc plans and erchitectural
drawings for thai unit.
(4) Those plans and draaings may be requircd, at the Direc�ors option, to providc the following
informu�ion,
(n) the locetion of all buildings and structures Io bc ercctcd and Ihe location of all fecilities and
works associated IhereNith;
(b) the location of landscaping fcalures, including trees ta be presen�:d;
(c) strceiscapc for front, rcar and Ilankegc elc��ations a� a scalc acceptablc to the Director;
(d) slrce�uape to show all strcct fumimre nnd vege�ation;
(c) Ihe rolationship of buildings by blocks; and
(� any other data or information reasonably rcquircd.
27. SPECIFIC PROVISIONS RESPECTING DEVELOPMGNT
28.
29.
The Owner shall comply with any specific provisions respccting the dcvelopmcnt of this projcct set out iu
Schedule C.
PART 4 - FINANCIAL MATTERS
EXPIRY OF SECURITIES
( I) Should any lener of crcdit securiry rcquircd to be provided hereunder expire beforc the Tawn rcleases the
Owner from the tertns and conditions herrnf, the Owner shall provide to the Town at leasl 30 deys in
advance of the expiry dete of that security, a further uwriry to take effat upon tite expiry.
(2) Such Ponher securiry shall be in e form and amount utis(actory to the Town.
(3) Should no sucfi further ucurity be provided as rcquircd, then the Town shell heve Ihe right to convert the
expiring ucurity into cazh end hold the cesh in licu of and for the same purposes as the expiring securiq•.
u � . � � • 1■ : u
( I) The Ownor shall discharge ar vacate any liens or claims filed wilh the Town or rcgistercd on title to an��
Town•owned lands within ihirty days of being rcquested to do so by the Town.
(Z) At the end af the maintenance period, es exlended during eny rcctificalion period, the Owner shsll file
with the Town a Stetutory Decleretton stating thet,
m
142 (s) ell meteriels heve been supplisd and all services end works heve been completed in the project
with rcspect lo Ihe conswc�ion end installation of Works end other services;
(b) ell accounls for work or urvice performed end meteriels placed or fumished upon or in respect
of the conswetion and instelletion of Works and olher urvicos in �he projecl have been fully
paid end satisfied and no penon is entilled to claim e lien under the Conavuulon Llen Acr
egainst the Town or any Town•owned land;
(c) therc are nojudgments or executions filed against the Owner;
(d) nolhing is owed by lhe Owner or cleimed egainst it for unemployment insurance deductions,
income tex deduclions, or by way of conlribution or assessment under Ihe Workers'
Compenaarfon Acr;
(e) the Owner has not made eny assignment for the benefit of creditors, nor has any rcceiving order
been made against it under the Bankruplcp Act, nor has any petition for such an order been
served upon the Owncr; and
(� 45 days have passed since the completion of thc construclion, inslallation, and last rectification
of the Works and services.
30. PAVMENT OF INTEREST ON OVERDUE AMOUNTS pAYABLG
The Oµ�ner shall pay interest at the rate of 18 per cent per year lo the Town on all sums of money payablc
hereund:r which are not paid on Ihc due dates calculatcd from such due dates.
31. PAYMENT OF REAI.TY AND E3USINF.SS TAXf:S / LOCAI. IMPROVEMF.NT CNARC�S
( I) The Owncr shall pay in full es Ihcy comc due all rcally and 6usincss taxes essessed against ihc Lands or
thc Owner as rcquired by law from time to timc.
(2) Before Ihis Agreement eill be executed by the 1'o��n, Ihe O�cner shall commWC and pey to the Town or
lo the Regional Municipalitp of Durham all local impro�cmcnl charges assessed agninst the lands in the
plen.
32. PAYMENTOFDEVELOPMF.NTCHARGES
(I) The Ownar shell pay to Ihe Toen, in accordance with the Derefopmenl Chnrges Acf and the ToH•n's
Development Charges Bylaw 3854191, devclopmem charges for each dwelling unit wilhin Ihe project.
(2) The amount of the development charge for each dHelling to be erecled in Ihe plan shall be the amount set
out in Schedule B for that q•pe of dwelling, as adjusted annually in accordance with Schedulc U.
(3) Where a developmant charge is payable for a dwelling located on a parcel of land comprised af land in
this plan and lend not in this plan, the amount of ihe development charge payable for that dwelling shall
be the emount calculated in accordence with thc provisions of the subdivision agreement (or the most
recently rcgistercd of the plan or plans within which the parcel is located.
33. PAYMENT OF ENGINEERING LEGAL AND REGISTRATION FEES
(1) Prior to lhe rcleate for rcgistration of this plan, the Owner shall pay by canified cheque to the Town an
Engineering Drawing Inspection Fee in the emount sct out in Schedule B for the examinetion and
inspection done by the Town's Public Works Department in the processing of the engineering drawings
for this projcct.
(2) Prior to this Agrcement being submitted to Town Council (or consideretion, the Owner shall pay bp
cenifiod cheque to the Town e Subdivision Agrecment Processing Fce in the emount set oul in Schedule
U for lhe prcparation end processing of this Agreement by tht Town's Legal Services Depattmtnl.
(3) Prior to the rclease for regfstration of this plan, the Owner shell pay all !egisuation costs incurtcd by thc
Town relating in any wey to the rcgistretion of the plen of subdivision, thia Agrcement, or eny olher
documentation, including trensfers, in the Land Registry OfTice.
PART S• TItANSFERS ANQ REGISTRATIONS ' 1�I3
34. TRANSFERS OF LANDS OR INTERE T IN ANDS OR PAYM NT IN I TIIER OF
(I) Prior to the rclease for registretion of this plan, lhe Owner ahall convey or ceuse to be canveyed to the
Town, free end clear of ell encumbrences end at no cost to thc Town, ell of the lands or such inlcres�s in
lands identified in Schedule A for ihe purposes sct out therein.
(2) The Owner hercby werrenis that, upon such conveyance, ncither ihe tiUc to the lands conveyed nor their
physical stato and condition shall prcvent the Town Gom lawfully or physically using the lands for thc
purposes for which they arc being conveyed as set out in Schcdule A.
(3) Wherc none of the lends identified in Schedulc A are to bc conveyed for parkland purposes, the ON•ncr
shell pay lo the Town, beforc this Agreement will bc execwcd by Ihe Town, en amount calculatcd in
accordance with the provisions of Schedule A in lieu of a parkland conveyance.
(A) Any TmnskdDeed given pursuant to this Agreement shall bc in a form acceplable to the Town Solicitor
and any Transfer/Deed ot a s�orm drainage Horks ensemcnt sliall contain Ihe Storm Drainage Works
Faumcnt Schedulc sct aut in Schedule A.
(5) The Town may complete or alter eny description of land in this Agrccmenl or in eny Transfer/Deed
given pursuant to this Agreemrnt so as �o make thc dcscription cortespond with the description af thc
land acwrding to �he plan Nhich is lo be regisiered pursuant to �his Agrccmcm.
35. REI.F.ASF.Of THB PLAN FOR RGGISTNATION
Oeforc thc Tawn will advisc Ihe Regional Municipali��• of Durham tliat Ihc conditions of Draft Appro�al
affecting Ihe Town have been salisfied, lhe OHner shall dclicar to thc 1'oan Ihc following:
(a) four rcd•lincd copies of this Agrcemem cxccmcd by ihc Owncr nnd oll Encumbranars;
(b� all manies, sewrities and insurancc rcquircd b� ihis AgrecmcN;
(c� Ihrec exccuted copies, in n form sui�ahlc fm rcgistration, of cach Transfer/DccJ required by scction 34
respecting thc comeyances identificd in ScheJulc A, anJ onc Jrnfl copy of cnch rcquircd reference plan;
end
(d) a certificatc of cicar tillc to Ihc lanJs bcing conaeycd lo thc Toan, Gom the Solicitor for thc ONncr, in
favour of the ToNn which cenificate shall bc prcpared in a fomi acceptable to the ToHn Solicilor at no
wst to the Tou n.
36. RF.GISTRATION OF AGREEMF.NT
(I) This Agreement shall be registercd by the Town in �hc Land Registry Office in either Ihc Land Titles
Division (No. 40) or �hc land Registry Dirision of Durham, whichever is epplicable to the system in
which Ihe lands lie.
(2) Prior to the rcgistration of this Agreement, the Owncr shall pay all rcgistrotion costs rclating in any way
to the rcgisuation of this Agrcement, or any other documenlntion rcla�ing to this projcct.
(3) Prior to the rcgistration of this Agrcement, the Owner's Solicitor will provide, el the Owner's expense, a
certificete of title, to ihe setisfection of the Town Solicitor, of all the lands end interests of lends
conveyed to the Town as ut out in Schedule A hereto.
(4) 7he Owner shell indemnify and save harmless the Town Gom eny loss, inconvcnience or demege ahich
may rcsul! lo the Town Gom the Owners feilure lo comply with subsection (2) and against eny ection or
claim made against the Town by eny person other than ihc Owner arising out of thc execution by thc
Town of this Agreement.
(5) The Owner shall give to every purchaser of the L.ands or eny part of the Lands aclual noticc af thc
existence end the tertns of this Agrccmcnt and shell include an acknowledgment in eny o((er to purchesc
or olher similer document dealing wilh thc l.ands, or eny part of them,
(b) Thc Owner shali execulc such further essuranccs of thc rights hercby gruitcd u mey bc dcemcd
necessary by the Town.
13
14�4
'IN WI7NESS WHEREOF Ihe Perties hercto have hercunlo effixed their respective Corporale Seals attested to by thc
hands of their eu�horized o�cers.
SIGNED, SEALED AND DELIVERED
704858 ONTARIO LIMITL•D
John Callcri, Presidrnt
I have the aulhority to bind the corporation.
THE CORPORATION OF THE TOWN OF PICKERING
N'ayne Anhurs, Maycr
Bruce Taylor. Ckrk
OBI.IGATIONS OF LAURENE GERTRUDG FORE�ES AND N'II.I.IAM PERCI' FORBES
Thc obligatians of Laurcne Genrudo Forbcs end William Pcrcy Forbcs undrr this agrocment shall bc limitcd to Lot 18
only.
SIGNED, SEALGD AND DELIVERED
6� Ihr presencr of
laurene Gcrlrudc Forbcs Senl
N'illiam Perc� Forbcs Seal
ENCUMBRANCER • THE ROYAL BANK OF CANADA
The Encumbrancer hercby postpones any rights or intercsts which i� has in thc Lands with Ihe inlent thal lhis Agrcement
shall take elfcct es though cxecuted and registered prior to Ihc crea�ion of any such right or intercst end prior to thc
execution and rcgistrelion of any mortgr�c, agreement or olher ducumrnt creating or dcfining eny such righl or intercsr,
And the Encumbrancer hercby covenants and agrees wi�h the Toan that this Agreement end any comeyancq caument
or other document given pursuant to this Agreement, shall have prioriq• o�er the righls of the Encumbroncer in the Lands
with the intcnl thet the Encumbrancer or anyone claiming under it shall at no time exercise in relation to Ihe Lands any
right, titic or claim which could not be exerciud by the Owner by reason of the terms of this Agrcement.
Dated et , this day of , 1998.
SIGNED, SEALED AND DELIVERED
THE ROYAL BANK OF CANADA
ilWe have �he euthority lo bind the corporetion.
14
45
'ENCUMBRANCFR . 740713 ONTARIO � IMITFD
'Rie Encumbnncer hercby postpones eny righu or intercsts which it hu in the lands with the inlent that this Agreement
shall take effat ss though exauted end registercd prior to �he crcalion of eny such right or intercst and prior �o the
execution and rcgistretion of any mortgage, egreemenl or other document crealing or defining any such right or interest:
And thc Encumbrencer hercby covenants and agrces wiih the Town �hat this Agreement end any conveyance, eaxmcm
or other document given pursuart lo Ihis Agreement, ahall have priority over Ihe rights of the Encumbrancer in the Lands
Nith the intent that the Encumbroncer or enyone clniming undor il shall nt no lime exen:ise in rcla�ion to ihe Lands any
righ4 tille or claim which could not be excrciud by �he Ow•ner by rcawn of the tems of this Agreement.
Da�ed a� , �his da)' of , 1998.
SIGNED. SC•ALED AND DELIVERED
'59713 ONTARIO I.IMITGD
Sebaslian Corbo. Prcsident
I have ihc authorit�• to bind thc corporation.
FNCUMBRANCF.R • WII LIAM ANb I �i iur.U�: cnuuFc
The Gncumbronccr hercby postpones any righ�s or inicrests ��hich �t has in ihc lands wiih the intem that Ihis Agrcemcm
shall taAc effecl es �hough execuud and regismted prior to thc cres�ion o( an� such righl or inmrest and prior to the
execution and resistrelion of an�� mongage, agrcement or other daumen! crraling or dc(ining an�� such righl or imcrest;
And thc lincumbrancer hereb� co�cnants anJ agrces xi�h thc 7oNn tha� ihi. Agrccmcnl and any cunveyance, cascmeN
or othcr dixumcm gi�en pursuam to Ihis Agrcemem. shal� ha�c priurit� o�er 1(�c righ�s nf thc Encumbrancer in thc Lands
wiih ihe imem ihat �he Gncumbrancer or anyune claiming under it shall a� no lime exercis�: in rclatio� to the Lands am
righi.litic or claim Which could not tx c�erciseJ b� Ihc OHn¢r b� rcason of thc icrms of �his Agrecmcnl.
Datcd at . this__ da� of , I998.
SIGNED. SI:ALGD AND DELIVERf:U
!n 1hr prr.�enre uJ
r,
I.aurene Gertrude Forbes Scal
William Perey Forbes Seul
IS
i�s
SCHF.DULF.A
TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU 7HEREOF
(Sation 34)
CONVEYANCE R (1IIIREnTnpFt��snr.TnnicT µr�
�g)d lo fm Conveved
Block 19
Ulock 23
Any ponion of the lands
dctermined by the Town's
Dircctor of Public Works
Any lands outside thc Lands
dclertnincd by the ToHn's
Direcwr of Public Works
Pumose
Parkland
WB��N'8)'
Storm drainage works
Siorm drainagc Norks
lalerosl Io be Comcv�
Fee Simple
Fec Simple
Eaument
Eascmenl
2. CAI.CUI.ATION OF A�10UNT PAYABI f IW I IPU OF PARKI AhD CONVGYANC�
Thc Toun shall accept the comeqancc of E31aA 19, Gcc and cicar of all cncumhrnnces, in full satisfaction of thc
Oencr's obligelion to providc parkland.
3. S70R�1 DRAINACE N'ORKS IiAS1iA1PNT HCFFRPNCF PI ANti
(1) Ncforc thc ToWn will ad� ix the Hcgional Afunicipality of purham �hat Ihc condilions of Drall Appro�al
affeciing Ihe ToNn ha�r lxen salisfied, thc OHner shall ohtain and dclivcr to the TqNn onc drafl copy of
each proposed rekrcncc plan rcyuircd m efkct thc rnme�ancc of thc spccific ensements rclertcd to in
seclion 1 of �his SchcJulc.
(2) Upon Ihc completion oi the consiruction and ins�alla�ion nf Ihe storm Jroinage eorks wiihin cach
eascment shoNn on any pro�ased referencc plan, thc OHncr's Consulting Engincer shall advisc the
'foeds Dircctor of Public Works of the aclual laation of Ihe Hurks in rclmion to ihc proposed easomem
or easements, and if the pircctor is satisfied Hith thc acmal Iocalion of thc Norks, thc OHnar shall
regisler that rcfercncc plan end provide four copies of thc pian as rcgistercd lo ihc 1'oan Solicitor.
(3) If the Town's Dircctor o(Public N'orks is not satisfied Nith �hc actual location of the Works in rclation �a
ihe proposed easement or easemenu, the ONner shall obtain and deliver to thc Town one dra(t copy of a
tevised propoud rcfercnce plan, and Ihe pro�•isions o(subsection (2) and of this subsection will continuc
to apply.
(4) Wherc the Town's Dircctor of Public Works determines tha� the Town ru�uires eaumems not
specifically rcierted to in scetion I of this Schedula, the Owner shall obtain and dcliver to the ToN•n onc
drafl copy o( each propoud rcfcrcnce plan rcquircd to effect the com•eyance of the such easoments
within 30 days of the Town's rcquest to do w, and thc provisions of subsations (2) end (3) will applp.
4. STQRM DRAINA�E WORKS EASEMENT SruFro u�
Whare a conveyence of an easement is for starm drainage works putposes, the following Schedule shall f+c
atuched lo Ihe Trensfor/Deed of Easemem:
INTEREST/ESTATE TRANSFERRED
Subject to the following tertns and conditions, the frce, unintertupted and unobstructed right and eaum:nt to ia�,
construct, operate, maintein, inspect, altcr, rcpair, rcplece, reconstruc� and rcmove slorm droinage uorks togcihcr
wilh �ppurtenances thaYto (hercin c�ll��d the "works"), in, ovcr, along, ecross, upon and under the lend deuribcd
in Dox 5(herein ealled �he "lends"), and to droin storm wuer in, over. elon��, across, upan end under the lands,
toqether wilh the right to the Tr�ns&ree, its scrvenls, egents and contracton with all necessery• vehicles, supplics
end equipment io enter onto Ihe lends and pess end rcpass over �he lends for �he pu�sc of exercising or
enjoying any of the rights grented hercin.
16
• 147
The tertns end conditions which ihe perties hereto covenant end agrcc to observe and be bound by are as follows:
1. The Transferee shall, except in cese of emergrncy, before commencing eny work authariud hereby, give
to the Transferor forry-eighl hours previous written notice thereof, and in caus of emergency such
previous notice thereof as is reasonably Possiblc.
2. Upon completf�n of nny work, the Transferee shall fill in all excavalions, rcslore fences, and res�orc the
sudace of the ground by �estoring aU topsoi� and grass cover dismrbed thereby, and do neces�nry grading
to ensure soil and slope stability, and remove all cquipmcnt.
3. The Transferor shnll not erect any building or structure (except e fence) on the lands, and shall nol place
ar rcmove any flll on or Gom any part o( the lands wilhout the previous wrillen consent of Ihe
Tmnsferce.
a. The right and easement grented herein shall be subject to all leases, licenccs, and any rights of use or
occupation existing et the dale hercof, and the Transkror muy from timc to time renew or extend thcse or
meke new ones, so long as they do not interfere unreasonably wilh Ihe right and easement herein granted.
5. The Trensferor hereby releases the Tronsferec Gom any claim which may erise out of the exercise by the
Transferee of the right and easemem graNed hereby or ahich may arise out of the existence of the storm
water or the existence, operetion or nomopern�ion of thc storm drainege works provided the Transferec
has complicd with all of ihe terms and conditions herein. '
6. The Trensferor shell exewte such further essumnces uf the right and easement granted hereby es Ihe
Transferee mey reasonably request in wriling.
7. The burden of this Transfer and of al I thc terms and conditions contnined hercin shal I run with thc lands.
8. This Transfer and all of thc lerms and conditions contained hcrein shall enure to the benefit of and be
binding upon Ihe Transferor and thc Tmnsfercc and thcir respcclive heirs, executors, adminisirators,
successors and essigns.
LAND BENEFITTED (DOMINANT TENEMENT)
9. The benefit of Ihis Trunsfer and all of the lerms and condilions contained herein shall run with all otlier
lands end interests in lands owncd, occupied or used by Ihc Transferee for Ihe purpose of opernting and
maintaining storm drainagc works.
17
143
SCHEDULEII
DEVELOPMENT CHARGES, ENGINEERING/LEGAL FEES, OTHER RELATED
DEVELOPMENT COSTS
I. DEVELOPMENTCHARGESPnYABLE
(I) Until and including Oclober 7, 1998, lhe dcvelopment eherges payable under ihe Town's Davelopment
Charges By-law 3854/91 for dwelling units within this proJect are 55,530.00.
(2) From end alter October 8, 1990, the dcvelopmcnt chargcs payable for dwelling units within lhis projecl
will be in accordance with the Town's Developmenl Charges 8ylaw in existencc nt the dele of such
peyment.
2, �NGINEERING DRAWING INSPECTION FEE PAYABLE
Prior to the release for regisiration of this plan, the Owncr shall pay to Ihc Town, the sum of SI,190.00, which
rcpresents the emount of the Engineering Drawing Inspcction Fee payablc for this projecl,
3. SUBDIVISION AGREEMENT PROCESSING FEE PAYABLE
Thc'Pown ecknowledgcs receipt, in NII, of Ihe amount of 53,210 �53,000 plus 5210 GST.] which reprosents the
Subdivision Agrcement Proccssing Fee payable for this Agrcement.
,. ,
j
. �. . '. .. .�� �� .. �4 ..
i
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. . . -:. . .. ..�
',..Ah' ' - _.
18
SCHEDULE C 149
SPEClFIC PROVISIONS RESPECTING UEVELOPMENT
L EXPECTED NUMBER OF DWELLMGS
(I) This Agrcemenl has been entered inlo wi�h the axpccta�ion Ihat 34 semi-deteched dweiling units, two
each on Lots I-17, arc to be constructed on the Lands. Thc plen elso sets out or,e exi.cting dwelling unit
on Lot 18.
2.
3
4.
5.
6.
(2) Ifthe final unit counl exceeds 35 dwcllings in this projcct, Ihc Town at its salc diseretion may requiro the
Owner to obtein new approvals end authori�tions under this Agreamenl and may prohibit any
development unlil thc new approvals and authori�tions are obtained.
NOISFNIBRATION ATTENUATION MEASURES AND WARNING CLAUSES
(I) In �he developmenl of this project, the Owner shall implemcnt Ihe noise and vibration attenua�ion
mcasures recommended in the enginecring repon ci�titled Detuiled Noise Rcpon for Forbes Esmle and
Norfinch Esmte located in Part Lot 30, Concession 2, Pickering, prepared by Tarek Zaycd, Professional
Engineer (Raport No. W86•22 - Revision No. ?).
(2) Upan the completion of the implementation of those mcasures, thc Owner shall provide to Ihe Town's
Dircctor of Planning, a Cendicate of Compliance from a Professional Engineer stating that those noise
attenuetion measures have becn implementcd in accordancc wilh that rcport.
(3) The Owner shall indemnify and save harmless Ihc Tou n,
(a) from any loss, inconveniencc or damnge which may result Gom ihe Ownar failing to comply
with any provision of this scction; and
(b) against any eclion or cluim mndc againsl Ihc Town by any person arising out of the
implementalion or non-implcmentation of thc noise and vibration anenuation measures or aut of
any failurc to inchcd any requircd waming clausc, or oul of Ihe execution of this Agreemenl with
this section in il.
DEMULITION OF STRUCTURES
The Owncr shall satisfy the Tawn with respect to the removal, demolition and/or retention of all struclures on the
property prior to the issuence of thc first building permit being issued.
CONSTRUCTION TRAFFIC ACCESS
The Owner shall make salis(actory atrangemen�s with the Town of Pickcring and the Region of Durham with
respect to iomporary access Gom Finch Avenue for construction traf(ic end vehicular emergency access
purposes.
COORDINATED DEVELOPMENT
(e) Prior to the issuence of any building pertnit on any of thc lots wilhin this plan, the Owner shall providc
satisfectory evidence to the Town that tille to Block 20 has 6een convryed to the owner of the easterly
abutting lot (being Lol 82 of Plen 40M• 1312), which shell be added for rcsidentiel purposes to thel lor
(b) Prior to the issuence of any build�ng permit on any of the lots wilhin this plan, the Owner shall construc�
e fence along the westorly boundary of Dlnck 20 to Ihe sotisfaction of the Town's Dircctor of Public
Works; and
(c) Until such time as the conveyance of Block 20 occurs, the Owner agrces thet this Block shall bc
maintained end kept in a clean and orderly manner to Ihe satisfaclion of the Town,
FENCING RFOUIREMENTS
( i) Thc Owncr shall meke setisfectory ertengements wilh Ihc Town rcgording the construction of kncing on
the east, west end north limils of the park block (Block 19) prfor to the occupancy of Lot 12,
(2) 7'he Owner ehell, el no cost to lhe Town, and subJecl to the no(se ettenuetton rcquircments, extcnd thc
appropriale fance commencing edjecent to Plen 40M•1312 and exlending ecross the Finch Avcnuc
Gontege of the plon save and except for the arca rcqnircd lo accommodete the existing eccess of
propoud Lot I B onto Finch Avenue, end lo accommodete the welkwey o�xn(ng through kilock 23.
� � 19 � �
150
� (3) Despilc the provisions of subsection (I), where Ihe occupancy of Ihe first dwelling unil occurs in
November or December of eny year, Ihe Iimc limit for Ihe erection of ihc fence ahall be extended to lune
30i1: r!':hc following yrar. In thc even11ha1 the occupancy af the fint dwelling unit occurs during ihe
monlhs of Januarv or February, the time limil for the ercclion of the &nce, ahall b: ;x�ended to June 30th
of ihet seme yeer.
7. SPECIAL PROVlSION R P CTIN RADIN
The Owner shall meke setisfactory errangements with thc Town, et no cost to the ToWn, for the provision of
catchbesins and berming to prcvent dreinage from ihe Onlario Hydro lends entering into the rear yards of the lots
adjacent lo the Oncazio Hydro lands.
8. 1NSTALLATION OF WAI WAY SinF�yALK /UPGRADING Of STRE T LI HT(�
(a) T'he Owner shall continue ihe sidewalk paltem established on Amaretto Avenue locau.d ?n Ihe adjacent
subdivision (Plan 40M-1312) by providing sidcwelks on both sides of Amarclto Hvenue to the
satisfection of the Town's Director of Public Works.
(b) The Owner shall salisfy ihe Town's Director of Public Works with respect to ihe installation of a
sidewalk and upgrading of street lighling on the nonh sidc of Finch Avenue, along the southem boundaq�
of the plan.
(c) 1'he Owner shall consiruct a walkway connecting ihe sidewalks on Finch Avenue to the sidewalk on
Amaretto Avenue through Block 23.
� � � �
3
," i.'�' .. .
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� SCHEDULE D � `51�
ONTARIO HYDRO
i. The Owner agrces thet prior lo Ihe !nitiation of any grading or consiruction, to ercct a temporary fence or othcr
suiteble bartier along the rcar boundary of those lands abuning Ihe Onterio Hydro Corridor,
Z. The Owner agrces to instell a permenrnt boundary fence to the satisfection af Ontario Hydro on those lands
abutting lhe Hydro Cortidor efter all wnswction is completed and to provide to the Town satisfactory evidence
from Ontario Hydro Ihet the fencing hes been comploted, prtor lo ihe final release of securities to the Owncr.
3. The Owner egrces nol to encroach on Onterio Hydro's propany or to obstrucl Ontario Hydro access to the righl•
of-way.
4. Prior to the issuance of a building permit and prior to the servicing of ihe subdivision, the Owner sha�l submii to
Ontario Nydro for review and approval, a detailed greding and dreinegc plun showing existing and proposcd
grades. Drainage in the plan must be controlled and directed away from Ontario Hydro propeny.
ura�oefn
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�u) Tnn�ler«(q Aaanu
�0f� Picker Civic Centre One 7he lanade Picker Ontario I1V 6K7
(1 �) 7n�ul�ra��) Tne barolera verd�es tnal W Uro bast d the uarxlma i knowlMqe an0 DNeI, lna uanslei does rol cardravene secUOn 50 d Ihe i'lamrtp Aq.
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Solkltor lor Tnnd�ror(i) I have e.pWined the etlect d cectm SO d C�e Plamrq Pc1 Io Ihe Irans�ma and I have made irqwbs ol Ua lrenslera Io
debrm+b thai �ns uerMx does rol conuevene tnat cacUOn an0 based m the nlamsoon eupd� �y U�e �enslera, lo tne besl d my kroxledpe antl
befel. Ins Uanslor Ooes rq1 eonUavene thal eectan. I em an Omare sdcea n qootl qanduq. Due ol5qmtu p
Name md Y M �
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SdK11a Spnelurs . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .
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(1!) ArMUnmt RoN Numbn �Y� Murt M�D SuD. Vu. � fN1 �f1d T��
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. P271t1y L.�PS � L�M trwlH Tu
7b�m Solicitor �
7brm of Pickering �
' i.�v `�`xi"g'�� • g
u TeW
, �
�O�p OF p�� .
� �� '
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Mazch 13, 1998
The torporauon �,{�. �d Mrs. William Oswald
of U�e
Tawn of wclurtng 1496 Ashwood Gate
Pickering, Ontano
Gerk's Deparanent L1V 6L1
nua�rp triic canq�
one tne tspianaae
Ptket'ug, OKxb
iiv a v Dear Mr, and Mrs. Oswald:
D/mttACa�� �9pp170aEE0
o�v„�� roos„w+6„ Pursuant to Section 49(29) of the Planning Act, I am hereby giving you notice
��^� �n���s that the Councii of the Town of Pickering pessed By-law Number 5221/98 on
m� roon �w.nn March 9, 1998 to deem Lot I, Plan 40M•1562 and Lot 11, Plan 40M-1561 not to
�mue ,�'si iicceo be lots on a registered plan of subdivi�ion for the purposes of Section 50(4) of the
�k �M1��m� Planning Act..
If you or your agent wish to make representations to the Town Council
respecting the amendment or repeal of By-law Number 52'l l/98, you may do so
by giving me nolice on or before April 3, 1998.
Please find enclosed for your informetion a copy of Bylaw Number 5221/98 and
a copy of the Report of the Town Salicitor which Council considered when it
. passed this Bylaw.
If you have any questions with respect to this matter, pleaze contact Ms. Penny
Wyger, Town Solicitor at 420-4626,
�
Bruce Teylor, AMCT, C[oIlv[
'fown Clerk
c.c. - Town Solicitor