HomeMy WebLinkAboutL 37/98, �.r,- .. .
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R�PORT TO COUNCIL
FROM: Penny L. Wygcr DATE: Mnrch 17,1998
Town Solicitor
REPORT NUMBER: L 37/98
SUBJECT: Woodsmere Properties Limited
- DraR Plnn 18T-96009
- Subdivision Agreement
RECOMMENDATION:
A by-law should be enucted to outhoriu the exccution of n Subdivision Agrccmcnt respecting
the developmcnt DraR Plan 1 ST-96009.
ORIGIN:
Ontnrio Municipal DoarJ Decision upproving Drall Plan 18T-96009 subjcct lo conJitions.
AUTHORITY:
P1anningAcl, R.S.O. 1990, chnptcr P.13, scclion 51(G);
Munfclpa! Ac�, R,S.O. 1990, chaptcr �1.45, scction 191( I).
FINANCIAL IMPLICA'PIONS:
Capitnl Contributions:
Development Charges (Town portion) $81,482
Devclopmcnt Charges (Pickcring Hydro porlion) 20,553
Opernting Contributions: ,
Gngineering Drawinglnspcction Fee 51,085
Subdivision Agre:ment Processing fce 3,000
ConsWction Insp;ction nnJ Tcsting Fces To�m Cost
EXECUTIVE SUNiivfARY:
A Subdivision Agreement hns been prepnred rcspccting the development of Druft Plan I8T-
96009 pursunnt to the conditions sct out by the Ontnrio Municipal Board datcd Muy 7,1997.
Attached is u by-law, the enactment of which will authorize the exccution uf an ngrcement
substnntiully in accordnnce with thc form attnched hcrcto,
� 12 6 Report to Council
L37/98
Subject: Woodsmere PropcAics Limiled
DACKGROUND:
Dute: March 17, 1998
Pugc 2
Thc subject property consisis of the lund originally sct out us n future developmcnt block in Arnll
Plan of Subdivision 18T•88074 (Phnse 6).
in ordcr to detertnine the alignment of Strouds Lane und establish a strcet ond Iolting pnttem for
the Phase 6lnnds, u new DraR Plan of Subdivision Application was rcquired. The Drall I'lan of
Subdivision Applicntion number ussigned to this project is 18T-96009.
DmR Plan 18T-96009 wus approved by thc Ontnrio Municipal Bo;ud on Mny 7, 1997, subjcct to
cerluin conditions. Onc of those conditions requircs that n Subdivision Agrccmcnt be entcred
into and others of which would be dealt with in such nn agmemcnt.
Ennctment of thc draft byInw attachcd hcreto will nuthorizc thc excculion of thc Subdivision
Agreemenl attnched lhercto as Schcdule A for thut dmR pinn.
ATfACHMGNTS:
1. Location map.
2. Sitc sketch.
3. DraR byluw with proposed Subciivision Agrccmcnt attaclted as Sclicdulc A. c
Prcpured By:
. C
Denise [3 c
DEi:ljm
Aunchments
I Copy: Geneml Mnnnger
To�m Trcasurcr (Acting)
i Dircclorof Pinnning
', Director of Public Works
Director of Parks and Fncilitics
Approved / Gndorscd Dy:
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¢ l�Pcnny W �cr
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DRAFi PLAN OF SUBDIVISI��N-�
18T-96009
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ATTACHMENTM '.�'�p�{����q
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9Y-LAW N0.
BeL�g a by-law !o aufhortze fhe execufion oj a
Su6dlvfsfon Agreemen� and relafed documen�atlon
respecting !he deve%pmenl oJPar� Lol 31, Concesslon l,
Pickering (ff'oodsmere Properltes Llmi�ed -18T-96009J.
WHEREAS, the proposal to subdividc and registcr a plan of subdivision of part of Lot 31, Conccssion I,
Pickcring, hes been approvcd by Ihe Onterio Municipal Bonrd as Drafl Plan 18T-96009, subjcct to
scvcral conditions, one of which requires the entcring into of a sntisfactory Subdivision Agrcement for
each phnse thereof with Thc Corporntion of ihe Town of Pickcring, pursuant to thc provisions of the
PlanningAcf, R.S.O. 1990, chupter P.13 section 51(6); end
AND WHEREAS, pursuant to lhc provision of lhe Munlctpal Ac�, R.S.O. 1990, chaptcr M.AS, scclion
191(1) the Council of Thc Corporation of the Town of Pickering may pass bylaws for acquiring eny
Innd or intcrest thcrcin for thc purposes of lhc corpomtion;
NOW THERGFORE, the Council of The Corpomtion of Ihc Town of Pickering HCREDY ENACTS AS
FOLLOWS:
1. (a) The Mayor and Clcrk tuc hcrcby uuthoriud lo cxccutc a Subdivision Agrcement
substnnlially in nccordancc with thc fortn attnchcd hcrcta as Schcdulc A, bctwecn
Woadsmerc Properties Limitcd and The Corporation of the Town of Pickcring, respecting
thc dcvclopment of part of Druft Plan 18T-9G009.
(b) Thc Corporation of the Town of Pickcring shnll ncquirc those lunds or intcrests in the
lands referrcd lo in section 34 and idcntificd in Schcdulc A of thnt Subdivision
Agreemcnt subject to the tertns and conditions und Cor the purposes sel out therein.
2. The Mayor and Clcrk are hercby uuthoriud to execute Trunsfers/Dceds of Easement in the fortn
atiached hcrcto as Schedule D, cffccting the acquisition by The Corporation of the Town of
Pickcring of any intcrests in the nuture of storm drninagc works easements in thc lond comprising
Drnil Plan 18T-96009.
BY-LAW rcud a first, second nnd iltird time and finally passed this 6th day of Apri1,1998,
Wayne Adhurs, Mayor
Druce Taylor, Cicrk
in•varov
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1:30 s�neauie n �TtAq��'r�v 3 TOqEppRTM�
TF1IS SUBDIVIuION AGREEMENT made April 6, 1998, ptusuant to the.provisions of section 51 of ihe
Plnnning Ac�, R.S.0.1990, chapter P.13,
/
BETWEEN:
WOODSME F pROP RT'I IMI .D
herein called the "Owner"
OF THE FIRST PART,
- and -
TIiE CORPORATION OF THE TOWN OF PICKERING
herein culled the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to subdivide Purt of Lot 31, Concession I, in the Town of Pickering, in the
Regionel Munfcipaliry of Durham, and to register n plen of subdivision of thosc lands, as shown on a draft plan
of subdivision desisneted as Dmft Plnn Number 18T-96009, ond is required ns u condition of approval thereof
to enter into a subdivision agreement with the Town pursunnt to section 51 of the PJanning Acr, R.S.O. 1990,
chepter P.13;
NOW THEREFORE, THIS AGREEMENT WITTIESSETN THAT, in considcrntion of the Town consenting to
the registration of the proposed plen of subdivision, and the covennnls hereinafter exprcssed, the Partics hereto
covenent end agree onc with the other us fallows:
PART 1- INTERPRETING AND APPLYING THIS AGREEMENT
I, [.AND AFFECTED
The lands af%cted by this Agreement (the "Lands") are Lots I to 14, inclusive and Blocks I5, 16,17 and
I8, Plan 40M-X30{X, Pickering.
2. STATUS OF THIS AGRFEMEN'C
(I) In the event the plan of subdivision is not registered on or before December 6, 1998, this
Agreement shell be null end void and of no further efCect, und the Town shall not be liablc for
eny expenses, cosis or damages suffered by the Owner as a result thereof.
(2) This Agrecment is entered into and cxecuted by the Owner for the purpose of huving the Ta�m
ect in mlience on the covenants by the Owner conlained herein and the Ownor hereby waives ony
right or cleim whlch it now has or may hereinafter ncquirc which is inconsistent with the temis of
this Agreement
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3. II�TERPRETATION
(1) Whenever in this Agreoment the pronoun "it" is used, it shall be read and construed ns "he",
"she", "they", "him", "her" or "them", and thc numbcr of the verb ngrccing therewith shall be
construed accordingly,
(2) Schedules A, B, C and D attached hereto shnll form part of this Agreement.
(3) Time shall be of the essence of this Agreement,
4. BINDIN(3 PART[ES
This Agreemcnt shell be enforceable by nnd against the Perties hereto, their heirs, cxecutors,
administrators, successors and essigns, and the Agreement and nll the covenants by the Owner contained
herein shell run with the Lnnds for the benefit of the Town and the land or interests in land owned by the
Town upon the registration of the plan,
5. NOTiCE
(I) My notice required to be given hercunder may be given by personal delivery or registered mail,
(a) in the case of the Owner, to
Woodsmere Properties Limited
c/o Gruywood Devclopments Ltd.
Box 370
370 King Strcet West, Suitc 500
Toronto, Ontario
MSV 113
and
(b) in the case of thc Town, lo
The Town Clerk
The Corporntion of the Town of Pickering
Pickering Civic Complex
One The Esplanude
Pickering, Ontario '
L1 V 6K7
(2) Each Party may redesignnte the person or ihe address, or bath, to whom or to which such notice
may be given by giving written notice to the other.
(3) My notice given in accordance wilh this section shall be deemed to hnve been given on the
second day following the day of delivery ar the day of mailing, os the case mny be.
6, UCENGE TO ENTER
The Owner shall retain n licence from any subsequent purcheser of the Lnnds, or ony part thercof, to
eneble the Owner and the Town's inspectors to enter upon the Lnnds in order to comply with the
provisions of this Agreement.
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7. OWNER'S GENERA�, �INDERTAKIN(3
� The Owner shall complate in a good workmanlike manner For the Town, all the municipal services ns
hereinefter set fodh to the satisfaction of the Toum, and shnll complete, perform or make payment far
such other metters os may be provided for herein.
8. 4WNER'S EXPENSE
Every provision of this Agreement by which the Owner is oblignted in any way shell be deemed to
include the words "at the expense of the Owner and at no expense to the Town" unless the context
requires otherwise,
PART Z- CONSTRUCTIIVG THE TOWN'S SERVICES
9. CONSULTING ENGINEERS
(I) The Owner shall rcmin a Professional Engineer ns the Consulting Engineer of the Owner to carty
out nll the necessary engineering nnd lo supervise the work required to be done for the
development and construction of the project.
(2) Such Consulting Enginecr, or nny successor thereto, shall continue to bc retuined umil the work
required to be done fot the development and construction of the project is completed und
formally accepted by the Town.
(3) The Owner muy chengc Gom one Consulting Engineer lo another at any time or times during thc
development and construction of the project, so long us the Owner has a Consulting Engineer
retnined at nll times.
10. CONSTRUCTION / INSTALLAT(ON OF TOWN WORKS AND SERVICES
(I) The Owner shall obtain ali rcquired upprovals nnd shall construct ar instnll to Town standazds
nnd shnll provide to the Town, complete in every dewii, the following Town works and services
(the "Works") os shown on plans submitted by the Owner's Consulting Engineer to the Town and
upproved by tha Town's Director of Public Works in accordance with the Town's specifications
for such Works:
(a) Town roads within the plan, complete with all signs ond othcr appurienances;
(b) Town roads ndjncent to the plan and not scparated Gom ►he plan by a reserve or reserves,
complete with ull appurtenances;
(c) removal and replacement of nny tempornry tuming circle located immediutely ndjacent to
the plan on a Town road to be extended into the plan;
(d) street storm sewers on ronds referred to in (a) and (b), complete with curbs, gutters,
catchbasins and manholes;
(e) stortn water drainage und manngement system serving the lands in thc plan and lands
outside the plan but drnining thraugh the pinn, complete with detention or rctentian
fecilities, quulity conVol dcvices nnd outlets; '
(� boulevards und sidewelks on Town roads within the plan, on Town ronds adjaccnt to the
plan but not seperated from the plen by a reserve or rese�ves, and on Town ronds to be
extended into the plan where the Owner is requircd to remove and repince u tcmporary
tuming circle;
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(g) strcet lighting on Town rouds within the pinn, on Town roads udjacent to the plan but not
sepereted from the plen by a reserve or reserves, nnd on Town roads to be extended into
the plan wherc the Ow�ur is required to remove md rcplace n temporary tuming circle;
(h) street tree pienting on Town roads within the plen, on Town ronds adjncent to the plan but
not �eparated from the plan by n reserve or reserves, and on Town roads to be extended
into the plan where the Owner is required to remove and replace a temporary tuming
cirole;
(i) walkways on walkway blocks and park entrnnces, complete with walkway fcncing and
lighting; and
(j) other fencing, including,
(i) fencing adjacent ta commercial sites, school sites, parks, open space, storm water
management fncilities and rouds adjucent to the plun and separuted from the plan
by a reserve ar reserves, and
(ii) noise attenuution fencing.
(2) If at any time prior to ihe acceptance of the Works, lhe Town's Dircctor of Public Works is of thc
opinion that ndditional warks nre necessary to provide adequntely any of the public services
required by the project, the Owner shall construct, insWll or perform such additionul works at the
request of the Director.
(3) Ail Works shall be constnicted and installed in nccordnnce with the Town's specifications and in
a good and workmunlike mnnner wdcr thc supervision of thc Owner's Consulting Gnginecr and
under the observation of ihe Town's inspectors or, in thc case of street lighting, Pickering I lydro's
inspectors.
(4) The Owner shnll conduct video inspections of all unJergraund services required to be
constructed or inswllcd hereby and shull provide a VHS•fortnat videotape rccord of those
inspections to the Town.
(5) 'Che Owner shall pay Io the Town the Town's costs of inspection, including but not necessarily
limited to, saleries nnJ wuges of inspectors, tesling fees nnd administrution fees, within 30 dnys
of invoices being rendered.
11. GENERAL REGULATIONS RESPECTING SERVICING
(I) The construction of Town roads shall include the conswclion of paved driveway approaches
between the curb and sidewalk or, where no sidewalk is to be provided, between thc curb nnd the
lot linc.
(2) Where the canstruction or instnllation of services involves a continuation or extension of existing
services, the Owner shall join into the existing services, including adjustment of grades wherc
necessnry, in a good and workmnnlike manncr.
(3) The Ownor shnll not dump nor permit to be dumped nny fill or debris on, nor rcmove or permit
to be mmoved nny fill from, nny public lunds, othcr than in the actual constnution of roads in the
project without the written consent of the authority rcsponsible for such Innds.
(4) The Owner shell not bum nor permit to ix bumed any refuse or debris within the project or
edjacent to it.
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(5) The Town's Director of Public Warks may have qualilative or quantimtive tesis mudc of any
materiels which have been or are proposed to be used in the construction or instullalion of any
services required by this Agreement, and the cost of such tests shall be paid by the O�mer within
30 days of invoices being rendered.
(6) The Owner shall pay, within 30 days of invoices being rendered, the costs of,
(a) relocating eny existing services or utilities required to be relocated by the construction or
installedon of Works, services, or utilities in the project; and
(b) moving any Works, services or utilities instulled in driveways or so close thereto, in the
opinion of the Town's Director of Pubiic Works, as to interfero wilh the use of the
driveway,
(� Unless otherwise provided herein, the Owner shall perfortn any work required to be done under
Utis Agreement to the specifications of the Town in effect at the date hereof.
(8) The Owner shell provide nnd erect temparory signs of such nutute and at such locations as
designated by the Town's Director of Public Works.
12. �I ECTRICAL SERVICES
Where elcctricity, cable television service or telcphone service is to bc provided to nny lot or block in the
project, it shall be provided underground and in accordance with the stundards and specifications of
Pickering Hydro•Electric Commission, Trillium Cuble T.V. Limited or Bell Canudn, as the cnse may be.
13. TREE INVENTORY / TREE PRESERVATION PROGRAM
(l) The Owner shnll submit a Trce Invcnlory and u Trce Preservution Program prepared by a
qunlified expert, and based upon the Town•approvcd Gmding Control Plan, indicaiing which
existing Uees in the project may bc prescrved to thc Town's Director of Planning for the review
and epprovul of the Town's Director of Plnnning and Director of Parks nnd Facilities, and shnll
implement the Progrum as approved only.
(2) Until the Trec Preservation Progrnm is approved the Owner shnll not commence, nor allow to be
commenced, nny aspect of the development of the lands in thc project, including the removal of
any Uee.
(3) In the event thnt ony tree required to be preserved by the approved Tree Prescrvntion Program is
removed or is, in the opinion of the Town's Director of Parks nnd Facilities, damaged to such an
extent that its velue or longevity is decreased or is likely to be decreused, then thc O�mcr shall
repince that tree with u tree of a height, disuneter and species detertnined by the Dircctor; such
repincement shell be at no cost to the Town.
(4) The Owne�s liability under subsection (3) shall continue until,
(a) where the lands upon which the tree is locuted comprise a residential building lot or
block, twelve months aIIer the completion of the sodding on the lot or block; or
(b) where the lands upon which the tree is located comprise lands other than n rcsiJential
building lot, the issuance by the Town of the Finnl Acceptance Certificate.
l4. GRADIN(i CONTROL PLAN / LOT D arNnaF nNn SnnnrNn
( I) The Owner shall submit to the Town, for the npprovnl of tho Town's Dircctor af Public Works, a
Cfruding Convol Plan (including u geotechnical soils analysis) prepured by the Owner's
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Consulting Engineer, esteblishing thc proposed grading of the lands in the project to provide for
the proper drainage thereof end ihe dminnge of all adjacent lands which drnin through the lands
in the project.
(2) The Grading Control Pinn shell be prepazed in accordence with the Tnwn's Lot Drainage
Specificetions ond shull not provide for the drainagc of surfnce run-off water onto Town•owned
porkland, opcn spece or walkways unless provision is made for the installalion by the Owner, at
no cost to the Toµn, of suitable swales and cutch basins to mannge adequately, in the opinian of
the Town's Director of Parks ond Facilities, that surface run-off water.
(3) The Owner shall grude all the lands in the project in accordence with the approved Grading
Control Plan, ensucing that sufficient topsoil remains as cover on all orens of the project intended
for sodding, seeding, or other pianting.
(4) If the Town determines that,
(a) grading has not been done in nccordence with the Grnding Control Plan;
(b) grading has bcen done in nccordnnce with the Grading Control Plan but dminage
problems remnin; or
(c) sufficient topsoil hns not been left in the nppropriate arens.
the Owner shall re-grode the project, or pnrt thereof af%cted, adding a suflicicnt nmount of
topsoil if necessnry, or construct catch busins, swales or other structures os mny be nccessary to
cacrect such problems, as directed by the Town's Director of Public Warks.
(5) The Owner shall sod the Gont, side unJ renr ynrds of each of the residential lots nnd blocks in the
project except for paved, planted or treed urcas prior to the occupancy of the dwelling unit
locnted thereon or within thc six months immediately thercaRer excepl, where the occupancy of
the dwelling unit occurs in November or December of nny year, the time limit for sodding may
be extended to June 30 in the Collowing ycar.
• Jlr, � • � � � ;�
1'he Owner shull not commence Ihe coa5truction or insmllntion of any of the Works without the wtitten
Authorization to Commence Work of the T'own's Direc►or of Public Works, which Authori�ation shall
not be issued until;
(n) four red•lined copies of this Agreement executed by the Owner und all Encumbrancers hnve been
provided to the Town to the satisfaction of the Town Solicitor;
(b) all of the insuranca requirements outlined in section 24 together with eny securities required by
this Agreement have been provided to the satisfaction of the Town Trensurer and the To��n
Solicitor, �
(c) all epprovals and permits have been obtained by the Owner from the Ministry of the
Environment, the Ministry of Nnturnl Resources and the Metropolitan Toronto and Region
Conservation Authority, or a cenificate has been provided by the Owner's Consulting. Engineer
that no such npprovals or pertnils ure required, along with ail npprovuls requircd by ihis
Agreement;
(d) conveyance of good title, free ond c:•;ar of all encumbrances, to the Town, of all necessary
Easement� and Transfers of interests in lands lying outsidc of thc Lands as identified in Schcdulc
A;nnd
(e) the Owner's Solicitor has provided, at the Owner's expense, a cenificnte of cleur title, to the
satisfaction of the Tawn Solicitor, of nll the londs and intercsts of lands conveycd to the To�m,
lying outsida of the lands, as set out in Schedule A hereto,
� 13G
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(t) My of thc Works may be used by the Town, or by such other person or agenry as mey be,
authoriud by the Town's Director of Public Works, for the purposes for which the Works are
designed, end such use shall not be deemed an acceptance of eny of the Works by the Town, nor
an assumpdon by the Town oi' eny liebility in connection therewith, nor a release of the Owner
from any of its obligations under this Agreement,
(2) The Town may make emergency repairs et any time to any of the Works and may for ihis
pwpose enter the Lands nt any time; such repair or entry shell not be deemed an acceptance of
any of the Works by the Town, nor an assumption by the Town of any liability in connection
therewith, nor a release of the Owner from any of its obligations under lhis Agreement.
17. INTERNAL / EXTERNAL ROAD MAMTENANCE AND REPAIR / SNOW PL01V1NG
(1) Throughout lhe tenn of this Agreement, the Owner shall,
(a) maintain all Town roads within the project in a mud and dust free condition and free of
obstructians, regardless of the source or cnuse of nny mud, dust or obswction;
(b) maintain all Town ronds outside the praject, including boulevards, in u mud and dust free
condition nnd fine of obstructions, where the source or cause of the mud, dust or
obstruction is nn opemtion or operntiore relnted in nny way to the development of the
project;
(c) repair all Town ronds outside the projcct, including boulevnrds, where damnge hns
occurted as a result of an operntion or operations rclnted in any way to the development
of the project; and
(d) plow snow from and salt all Town roads within the project that arc not subject to the
Town's wintcr control program.
(2) The Owner, within 24 hours of verbal notificalion by the Town to it or its represenmtives, shall
undertake such works as are necessary to cican, cleur, repair, plow or snit nny Town road
requiring such work in the opinion of thc Tawn's Directar of Pubiic Works or his dcsignate.
18. COMPLET(ON DATES - TOWN WORKS AND SERVICES
(1) The Owner shall completc the Works in accordance with the following time limits:
(a) Town roads within the plan - two yeazs from date of Authoriwtion to Commence Work;
(b) Town roads ndjacent to the plan - two years Gom date of Authori�tion lo Commence
Work;
(c) removal and replacement of any tempornry tuming circle - two yeurs from dete of
Authoriration to Comrnence Work;
(d) street stortn sewers - one yenr &om date of Authori7ntion to Commence Work;
(e) slorm water dminage and manngement system (including grading and top•soiling of non•
tesidendal lots and blocks) • one ywr from date of Authori7ntion to Commcnce Work;
(�(i) boulevards and sidewalks on Town roads within the plen, on Town roads adjacent to the
plen but not sepnrated Gom the plan by a rescrve or rcserves - six months aftc� occupnncy
of first dweliing to be occupied adjncent to segment us identified by the Town's Director
of Public Works, but no Inter thun two years from date of Authorirntion to Commcnce
Work;
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(�(ii) boulevazds and sidcwalks on Town roeds to be extended into the plan where the Owner is
rcquircd to rcmove and replace n temporary tuming circle - two yeurs from date of
AuthoriraGon ro Commence Work;
(g) strcet lighting - one year from dnte oF Authorizatiou to Commence Wark;
(h) street tree pianting • two years from dnte of Authori7ation to Commenca Work;
(i) walkways, walkway fencing and wnikway lighting - prior to the occupancy of any
dwelling adjacent thereto;
Q)(i) other fencing adjucent to,
A parks, open space nnd storm wnter management fncilities • prior to the occupancy
of any dwelling adjucent thereto;
B cammetcial sites and school sites - one year from dnte of Authori�ation to
Commence Work; und
C roads adjacent to the plan nnd separated from the plan by n reserve or reserves -
six months after occupancy of first da•elling lo be occupied adjacent to segmcnt as
identified by the Town's Director of Public Works, but na Inter than two years
from date of Authorization to Commence Work; and
(j)(ii) noise ettenuation fencing • prior to the occupancy ofany dwellin@ adjncent thcreto,
following the satisfactory completion nnd testing of all of which, and the npprovnl thcreof by the
Town, the Town shall issue to the Owner u Complction Acceptance Certificute.
(2) Despite the provisions of subsections (I)(Q(i) and (I)(j)(i)C, wherc the occupancy of thc first
dwclling unit occurs in Novembcr or December of nny ycur, thc time limit for construction of the
ndjacenl boulevord, sidewnik or fencing segment shall be extended to June 30 in the following
year.
19. FAILURE TO COMPLETE /►MPROPER PERFORMANC
(i) If, in the opinion of the Town's Director of Public Works, the O�mer is not constructing or
installing the Works, or causing them to be constructed or instnlled, within the specified time or
so that they mny be completed within the specified time, or is improperly performing the Warks,
or has neglected or ubnndoned them beforc completion, or has unreasonably delayed them so that
the terms and conditions of this Agreement ure being violated or executed carelessly or in bad
. feith, or hus neglected or refused to renew or ngain perform Works rejected by the Director of
Public Works es defective or unsuitnble, or has in eny other manner, in the opinion of thc
Director of Public Works, defaulted in the performance of the terms and conditions of this
Agreement, then the Director may notify the Owner and his surety in writing of the default or
neglect and if the notificution be withaut effect for seven days, then the Director shall havc full
authority to make any payment or do any thing, including but not limited to obtaining materials,
tools and machinery and employing persons rcquired for the proper completion of the Works or
rectification of the default, at the cost and expense of the Owner or his surety, or both.
(2) In caus of emergency, in the opinion of the Dircctor of Public Watks, such Dircctor mny nct
without prior notice but tho Owner and its surety shall be notified forthwith.
(3) The eost of rectifying the defnult shall be culculeted by the Director of Public Works, whose
decislon shall be finel, and may be cherged to the Owner, together with a 25 per ccnt engineering
and administration fec, by drawing upon thc letter of credit filed with the Town under scction 21.
8
133 .
20. . Q�jARANTEE OF WORKS. WORKMANSHIP AND MATERIALS
(t) The Owner shell guarentee all Works, workmnnship and meterials employed or used in the
conswcuon, insteilation or completion of Works, services and other requirements under this
Agrcement for a minimum period of two yenrs (the "muintennnce period") following the issuance
of the Completion Accepmna Cedificnta by the Town.
(2) Despite any other provisions of this Agreement, the responsibilities of the Owner during the
maintenence period shali include the maintennnce of the Works, including the rectification of any
w:3tisfnctorily installed Works.
(3) Prior to the end of the maintenance period, the Owner's Consulting Engineer shall submit to the
Town,
(n) "as built" wnstruction drawings for the Works complete ns per Town standards, togcther
with tlwt Cansulting Engineer's certificute that those drawings nccurately depict the
Works as conswcted; and
(b) a swtement by an Ontario Lnnd Surveyor thnt all stnndnrd iron bars ns shown on the
registercd plen, nnd survey monumenu at ull block comers, at the ends of all curves
(other then comer roundings) and at all points of chunge in direction of streets in thc plan
huve been found or re-esinblished.
(4) Prior to the end of the mnin�enance period, the Town will re•inspect the Works and if,
(u) the Works are acceptnble; and
(b) the Owner has perfortned all of its obligations under the tertns of this Agrecment to the
sutisfuction of the Town,
ihe Town will issue to Ihe Owncr n Final Acceptancc Ccrlificatc ut which timc the Tuwn will
assume ownership of the Works and the opemtion and maintenance thereof, nnd Ihe mainicnancc
period wiil then end.
(5) If upon the rc-inspection conduc�ed prior to ihe cnd of thc maintenancc period,
(a) the Works are not acceptable; or
(b) the Ownet hns not perfortned ull of its obligelions undcr thc tertns of this Agrcement to
the satisfactiun af the T'own,
the Town will ndvise the Owner of the deficiencies, thc expected rectifications, and the time
limited for implementing Ihe rectifications (the "rectification period") and the mainlenance
periad shall be extended to Ihe end of the rectification period.
(6) At the end of the rectificntion period, the Town will re•inspect the Works and if,
(a) the Works are acceptable; ond
(b) the Owner has performed all of i1s obligations under the terms of this Agreemcnt to the
satisfaction of the Town,
the Town will issue to the Owner a Final Acceptunce Certificate ut which timc the To�m will
nssume ownership of the Works and the opemtion and maintenance thercof, and thc mninlenancc
period will then end.
(7) [f upon Ihe rc•inspection conducted at the end of the rcctificntion period,
(a) the Works are still not acceptnble; or
. 9
�39
(b) thc Owner hav not parfortned nli of i1s obligations under the tertns of this Agreement to
the satisfection of the Town,
the Town's Director of Public Works shall determine, in his solc discrelion, whether � further
rectification period will be grnnted, and, if so, upon what terms and conditions, or whether the
Town shall proceed wder the provisions of section 19, or both.
21. PERFORMANCE AND MAMTENANCE SECURITY
(I) Beforo this Agreement will be executed by thc Town, the Owner shall file with the Town an
irtevocnble letter of credit, issued by n chartered bank in Canadu and in an amount established by
the Director of Public Works (the "originai vnlue"), as u performance and meintenance security
for the purpose of,
(a) guaranteeing the sntisfactory conswction, installation or performance of the Works;
(b) guutanteeing the pnyment of uny umounis payable to the Town under this Agreement;
(c) guaranteeing the payment of any amount that the Towm m�y be required to puy under the
provisions of the Consrructlon Lien Acf, or any successor thereto; und
(d) gunranteeing all Works, wurkmanship nnd mnterials during the mnintennnce period and
any rectificution period or periods and until a Pinal Acceptance Certificate has bcen
issucd by the Town's Director af Public Works.
(2) The Owner may, nt any time aRcr thc first 50 per cent, in valuc, of Works have bcen constructed,
installed or performed, und paid fur, apply for a rcduclion in the security and such ��plication
shali be made to thc Town Trcosurcr.
(3) Upon wrilten verification Gom thc Directar of Public Works thnt lhe construclion, installation or
perfotmence of the Works for which rcduction is bcing sought hnve bcen satisfactorily compleled
nnd paid for, the Town Manager may reduce the nmount of the security to an amount not less
thnn,
(u) 60 per cent of the original value wherc no ccrlificale or declaration af substantial
performance hns been made;
(b) 35 per cent of the original vulue where,
(i) n cettificute or decinration of substanlial perfortnunce has been published;
(ii) � 45 dnys following such publication huve expired; and
(iii) all liens that may be claimed aguinst any holdback required to be retnined by the
Town hnve expired or have been satisfied, dischurged or provided for by paymcnt
into court;
and
(c) 17 per cent of the originai value where,
(i) a certificate of final completion has beem m�de by the O�mer's Consulting
Engineer;
(ii) 45 dnys following the making of such certificate have expired;
(iii) all liens that may be claimed ;igainst eny holdback requircd to be rctaincd by tho
Town have expirad or have bcen satisfied, discharged or provided for by paymcnt
inlo court; and
10
' iqp .
(iv) e Completion Acceptance Certifiwte has been issued by the Town's Dirccwr of
Public Works,
which 17 por cent portion shell secure the guaruntee of Works, workmnnship and
materiels, until n Finel Acceptance Cenificate has been issued by the Town's Director of
Public Works, when the balance of the security shell be atumed to the Owner subject to
any deductions for rectification of deficiencies.
(4) Upon ihe approvel, if eny, of a reduction in the amount of the security required to be providcd in
subsecdon (1), the Town Manager or the Town T�ensurer shnll provide to the Owner any
necessary nssurance to effect the reduction.
22. OWNER,S (i�NERAL INDEMNITY
Until the Town's Director of Public Works has issued the Final Acceptance Certificate for the Works,
the Owner shall indemnify the Town ngainst ull nctions, causes of nctions, suits, clnims and demmds
whntsoever, which may arise either directly or indircctly by reuson of the Owner underinking the project
or servicing t�e Lands as required under this Agreement.
23, OCCUPATIONAL HEALTN AND SAFETY
(1) The Owner certifies that it is nware of its duties and obligutions under the Occupuriona! Healrh
and Sajery Ac�, or nny successor thereto, and all Regulations thcreunder (in this section culled the
"Act"), und shnll ensurc that its employecs, conlractors, subcontractors nnd Iheir employces,
(u) are nware of their respective duties and obligations under the Act; nnd
(b) hove sufticient knowledge and training to perfortn all works und services required
pursuunt to this Agreement safely and in complinncc with thc Act.
(2) In the pedormance of all works and services required pursuant to this Agrcement, thc Owner
shtill,
(u) act snfely and comply in nll respects with the Act; und
(b) ensure thnt its employecs, contrectors, subcontrnctors and their employces act safely and
comply in nll respects with the Act.
(3) 'The Owner shell rcctify nny unsafe nct or practice and uny non•complinnce with the Act
immedintely upon being notificd by any person of the existence of such act, practicc or non-
compliazue.
(4) The Owner shall permit representatives of the Town on lhe site where any works or seR�ices
required pursuant to this Agreement ure being perCortned at nny time or times for the purpose of
inspection to detertnine complience with this section.
(5) No act or omission by the Town or any representative of the Town (including the entcring into of
this Ayreement) shall be deemed to be an ussumption of any of the duties or obligations of the
Owner, its employees, contrnctors, subconiractors nnd their employees under the Act.
(6) Tn addition W the Owners genernl indemnification of Uu Town pursuunt to sectian 2?, abo�•c, the
Owner shall indemnify and save harmless the Town,
(a) from eny loss, inconvenience, damage or cost to the Town which mny result Prom the
Owner or any of its employees, contractors, subconvactors end their employees fniling to
act �afely or to comply in all rcspects with 1he Aet in the perfo�mance of any work or
urvice rcquired pursuant to this Agrcement; and
��
14z�
(b) ngainst any action or cleim, or cosis related thercto, brought against Uu Town by any
person arising out of any unsafe act or prncticc or any non•compliance with the Act by
the Owner or any of its employees, contructors, subconuactors and their employees in the
performence of eny work or service required pursuant to this Agreement.
24. I,IABILITY MSURANCE POL[CY / PROV(SION FOR DED TBLE
(t) Before this Agreement will be executed by ihe Town, the Ownor shall file with the Town a
Certificate of insuraz�ce verifying that a Liability insurance Policy is in effect, setting out thc
essential terms and conditions of the insurance, and neming the Town us additional named
insured, nll of which shnll be subject to the upproval of the Town Solicitor.
(2) The policy shall comply with the following provisions:
(n) the minimum limit per occuaence shnll be 55,000,000 all inclusive for propeAy damage
and personal linbility;
(b) it shall not contain n clause for exclusion for blasting; and
(c) it may not be cnncelled unless prior notice by registercd letter hns been given to lhe Town
by the insurcr thirty days in advance of Ihe expiry date.
(3) The policy premium must be paid initinlly for u period oF one yenr nnd the policy shall be
renewed for further one ycar periods until thc Final Acceptunce Certificate has bcen issucd by the
Town's Director of Public Works.
(4) If the policy covcrage is subject to a deduclible amount, thc Owner shall file with the Town,
when filing the Certificute oClnsurance, a cenificd chequc or Icner of credit with thc To�m in the
deductible amount, as u deposit, togcthcr with a Icttcr from thc Owncr uuthorizing Ihe Town ro
nppoint an independent aJjustcr and to inves�igatc claims Icss thnn the deductible amount and
nulhorizing the To�m to puy such claims decmed valid by the adjuster out of the dcposit; Ihc
Owner shall be responsible Cor all adjustment scrvice costs and shnll muintain the deposit
throughout the term of this agrcemcnt in thc nmount of thc deductihle.
(5) The provision of the insurance policy required by this section shall not relieve the Owncr Gom
liubility for claims not covered by the policy ar which exceed its limits, if eny, for ahich the
Owner may be held responsible.
PART 3- DEVELOPING THE PROJECT
25. CONSTRUCTION AND OCCUPANCY OF BUILDING
(1) No building pertnit shell be issued far any building or pnrt of n building on thc Lands until,
(a) nll buildings and structures on the Lands prior to drnft plan upprovnl have becn
demolished by the Owner;
(b) sewer and water facilities ure nvailable, and in the opinion of the Town's Dircctor of
Public Works, cupable of providing ndequute servica;
(c) en asphalt bese hos been Inid on the rond immedintely in front of the 6uilding or part
thereof and extended to en existing maintained road; and
(d) the Owner hes paid to the Town the upplicnble development charge for each dwelling in
that building or part thereof in nccordance with ByInw 3854/91, enacted pursuant to the
Developmen� Charge.r Act.
12
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(2) No bullding or part of a building on the Lnnds shall be occupied except upon the issuance of a
municipal occupancy permtt.
(3) No applicadon for a municipnl occupancy permit Cor a building or part of a building shall be
made except upen the foilowing conditions:
(a) stortn sewer, sanitary sewer and water fucilities are instnlled nnd in operation to
¢dequately serve such building or part thereof;
(b) electric service is completed and in opemtion; and
(c) such curbe, es in the opinion of the Town's Director of Public Works, aze required to bc
completed prior to occupancy have been conswcted on the road immediately in Gont of
the building or part thereof nnd extended to nn existing maintained public roud.
(4) The Owner shall maintain vchiculnr access to all occupied buildings on the Lands until the roads
in the plan are form: , �uned by the Tawn.
26. D�SIGN PLANNMG - RESIDENTIAL UNITS AND NOISE ATTENUATION STRUCTURES
(I) Prior to the issunnce of nny building permit for the conswction of any residential unit on Ihc
Lnnds and the wnstruction of nny noisc nttenuation structure in or ndjacent to the project, the
Owner shull submit to the Town's Director of Pla�ming, for opprovnl, n report outlining siting and
azchilectural design objectives for the project.
(2) Thnt repoR muy be required, at the Director's option, to provide the following information:
(a) house mnssing; (h) building cnvelopes;
(b) streetscupe; (i) housc dcsign nnd siting;
(c) exterior materiuls and colours; (j) garage design; and
(d) urchitccturul style; (k) projection Gom main building.
(e) visunl variety;
(� energy conservation measures;
(g) miy other dnta ar infortnntion rcasonably requircd;
(3) Prior to the issunncc of each building permit for thc construction of a residentiul unit on Ihc
Lands, the Owncr shall submil to thc To�m's Director of Planning, for npproval, sitc plans and
architecturnl drnwings for that unit.
(4) Those pinns nnd drawings may be required, at the Director's option, to proviJc ihc following
informntion:
, (n) the location af all buildings and structures to be erccted and the location of all facilities
und works associated thercwith;
(b) the location of landscaping features, including uees to be preserved;
(c) streetscape for front, rear und ilnnkage elevntions at a scale ncceptnble to the Director;
(d) strcetscupe to show all street fumiture nnd vegelation;
(e) the relntionship of buildings by blocks; nnd
(� any other dutn or infortnation reasonably required.
27. SPECIFIC PROVISIONS RESPECTINd DEVELOPMENT
The Owner shall comply with nny specific provisions rcspecting the development of this project set out
in Schedule C.
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143
PART 4 - FINANCIAL MATTERS
28. �XPIRY OF RITI
(1) Should any letter oF credit security required to be provided hercunder expire beforc thc Town
releases the Owner from the tertns and conditions hereof, the Owner shnll providc to the Town at
least 30 days in advance of the expiry dnte of thnt security, a furthcr security to take effect upon
the expiry.
(2) Such further security shall be in a fortn and amount sutisfactory to the Town.
(3) Should no such further security be provided ns required, then ihe Town shall hnve the right to
convett the expiring security into cash and hold the cash in lieu of and for the same purposes ns
the expiring security.
29. PAYMENT OF LIENS AND OTHER CLAIMS
(l) The Owner shall discharge or vacnte any liens or clairns filed with the Town or registcred on title
to any Town•owned lands wilhin thirty days of being requested to do so by the Town.
(2) At the end of the mnintenancc period, as exlended diuing ony rectificntion period, the Owncr
shnll file with the Town a Stawtory Declarution stating thut,
(n) ail materials have becn supplied and nll serviccs and �vorks have becn completcd in the
project with respect to the conslruclion und inslnllation of Works und other scrvi�es;
(b) all uccounts for work or scrvice performcd and muterials pinced or furnisheJ upon or in
respect of thc construction and installntion of Works and othcr scrviccs in Ihc projcct
hnve becn Cully paid anJ satisfied and no person is cntitled lo claim a licn under ihe
Construcrlon Lten,lcr against the Toan or nny Town-o�mcd land;
(c) there arc no judgments or exccu�ians filed against thc Owner;
(d) nothing is owed by the Owncr ot cluimed against it for unemploymcnt insurancc
deductions, income Inx dcductions, or by way oF contribution or assessment under the
{Vorkers' Compensarion Ac�;
(e) the Owner has not made any assignment for the benefit of creditors, nor has any rcceiving
order beem m�de agninst it under the Bankrup�cy Act, nor has nny petition for such an
order been servcd upon the Owncr, and
(� 45 days have passed since the completion of the construction, installaiion, and last
rectification of the Works nnd scrvices.
30. PAYMENT OF INTEREST ON OVERDl1E AMOUNTS PAYABLE
The Owner shalt pay interest ut the mte of 18 per cent per year to the Town on all sums of moncv
oayable hereunder which are not pnid on thc duc dates calculnted from such due dales. �
31 • PAYMENT OF RLALTY AND BUcINFSS TAXFS / LOCAL IMPROVFanFntr rue nrrc
— • •—�
(I) The Owner shull pny in full as thay come due all rcolty and busincss taees nssesscd nguinst the
Lnnds or the Owner as requircd by law from time to time,
14
' 144
(2) Before this Agrcement will be executcd by the Town, the Owner shall commutc and pay to the
Town or to the Regional Municipality of Durhem all locnl improvement chargeg assessed against
the lends in the plen.
u � 1 �' : f
(I) The Owner shall pny to the Town, in nccordnncc with the Development Charges .fcr and the
Town's Development Churges ByInw 3854/91, development cherges for each dwclling unit
within the praject.
(2) The umount of the development charge for ench dwelling to be erected in the pinn shall be the
amount set out in Schedule B for that type of dwelling, as adjusted annually in nccordance with
Schedula B.
(3) Where u development charge is paynble for a dwelling located on a parcel of land comprised of
Iand in this plan and land not in this plan, the amowt of the development charge payable for that
dwelling shall be thc amount cnlculnted in accordance with the provisions of the subdivision
agreement for the most recently registered of the plan or pluns within which the parcel is located.
33. PAYMENT OF ENGINEGRMG LEGA AND RE I TRATION FEES
(I) Prior to the release tor registration of this plan, the Owner shall pny by certified cheque ta the
Town an Engineering Drnwing fnspection Fee in the nmount set out in Schedule B for the
examinntion and inspection donc by the Town's Public Works Department in the processing of
the engincering drnwings for this projcct.
(2) Prior to th:s Agreement bcing submitted lo Tu�m Council for consideration, the Owner shall pay
by certified cheque lo the Town a Subdivision Agrcemcnt Proccssing Fcc in thc amount sct oul
in Schedule 3 for the prepnration and processing of lhis Agrcement by thc Town's Lcgal Scrviccs
Department.
(3) Prior to the relra;t for registration of this plun, the Owncr shnll pny nll registration costs incurred
by the Town relating in any way to thc rcgistration of the pinn of subdivision, this Agrecmenl, or
nny other documentntion, including transCcrs, in the Land Registry Office.
PART 5- TRANSFERS AND REGISTRATIONS
34. TRANSFERS OF CANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF
(l) Prior to the release for registrution of this plan, thc Owner shall convcy or cause Io be com�cycd
to the Town, free nnd clear of all encumbrances nnd nt no cost to the Town, all of thc lands or
such interests in lands idenlified in Schedule A for the purposes set out therein.
(2) The Owner hereby wartants thnt, upon such canveyance, neither thc tide to the lands com�eycd
nor their physical stnte and condition shail prevent the Town From lawfully or physically using
the lands for the purposes for which they nre being conveycd os set out in Schedule A.
(3) Wherc none of the londs identified in Schedule A are to be conveycd for pnrkland purposes, thc
Owner shull pay to the Town, before this Agrecment will be executcd by the To�m, an amount
calculated in ncwrdnnce with the provisions of Schedule A in lieu of a pnrkland com�eyance.
;(4) Any.TransfedDeed given pursuont lo this Agreement shull be in a form acceptnble to the To���n
� Solicitor ond any TrnnskdDeed of a str�rtn,dminege works eascment shall contain the Stortn
' i' Dralnege Works Easement Schcdule set out in Schcdule A.
�
t I�a,
�it'�' s � � �
i r�:,, ' 15
� : c�
�j'� �r+� `i ;`
��i , , . . >' .
. � 145
(5) Tho Town may complete or akor any description of land in this Agrcement or in any
TransfedDeed given pursuant �to lhis Agreement so es to meke the description correspond with
the description of the lend ��ccording to the plan which is to be registered pursuant to this
Agreemcnt.
35. $ELEASE OF THE PLAN FOR RIiG1STRAT[ON
Before ihe Town will advise the Regional Municipality of Durham thut the conditions of DraR Approvnl
atTecting the Town have been satisfied, the Owner shall deliver to the Town the following:
(a) fow red•lined copies of this Agreement executed by the Owner and ali Encumbrancers;
(b) all monies, securities and insutance required by this Agreement;
(c) Uvee executed copies, in n fortn suitnble for regisuation, of euch Tmnsfer/Deed required by
section 34 cespecting the conveyances identified in Schedule A, nnd one draR copy of ench
required reference plan; and
(d) a cartificate of clear title to the Lands being conveyed to the Town, from the Solicitor for thc
Owner, in favour of the Town which certificate shall be prepazed in n fortn acceptable to thc
Town Solicitor at no cost to thc Town.
36. REGISTRATION OF AGREEMENT
(1) This Agreement shall be registercd by the Town in the Lnnd Registry Officc in either the Lnnd
Titles Division (No. 40) or the Lund Registry Division of Durhn�n, whichevcr is applicnblc to the
system in which the lunds lie.
(2) Prior to the registrotion of ihis Agreement, thc Owner shall pay all registration costs relating in
any way to the registratian of ihis Agreemenl, or any other documenlntion reluting to this project.
(3) Priar to the registralion of Ihis Agreemenl, the Owner's Solicitor will provide, al the Owner's
expense, a certificate of title, to the satisfaction of the Town Solicitor, of all the lands nnd
interests of Innds convcyed to the Town as set out in Schedule A hereto.
(4) The Owner shall indemnify and save harmless the Town Gom any loss, inconvenience or damage
which may result to the Town Gom the Owner's failure to camply with subsection (2) and against
uny nction or clnim mnde ugainst tha Town by any person other thnn the Owner arising out ot the
execution by the Town of this Agreement.
(5) The Owner shall give to every purchaser of the Lands or nny part of thc Lands actual notice of
the existence and the terms of this Agreement nnd shal! include an acknowledgment in any ofier
to purchau or other similar document dealing with the Lunds, or nny part of them.
(6) The Owner shall execute such further nssuronces of the rights hercby grnnted os may bc decmcd
necessary by the Town.
't';
,
16
� '146
R`f WI1'NESS WHEREOF the Partits hercto have hercunto affixed Iheir respcctive Corpornte Seals ettested to
by the hends of their euthoriud officcrs.
SIdNED, SEALED AND DELIVERED
WOODSMERE PROPERTIES L[MITED
Garnet Watchom, President
[ have the authority to bind the corporation.
THE CORPORATION OF THE TOWN OF PICKERlNG
Wnyne Arthurs, Mnyor
Drucc Toylor, Clcrk
EUCI fMARAN('FR . TpR ReUt! nc unve C!`l�TI A
The Encumbruncer hereby posipones any rights or intcrests which it has in the Lands with the intent that this
Agreement shall mke etTect as though executed nnd rcgistered prior lo the creation of any such right or interest
and prior to the execution und registration of nny mortgage, agrecment or other document creating or defining
any such right or intercst;
And the Encumbrencer hereby covenants nnd agrces with the Town that this Agrecment and any canveyance,
easement or other document given pursunnt to this Agrcement, shall huvc priority over the rights af the
Encumbrancer in the Lands with thc intent that the Encumbrancer or unyone claiming under it shnll ut no time
e;,ercise in relution to Ihe Lands any right, title or claim which could not be excrcised by the O�mer by re�son of
the tertns of Ihis Agreement.
Dated at , this day of , � q98,
SIGNED, SEALED AND DELlVERED
THE BANK OF NOVA SCOT[A
UWe heve the authoriry to bind the corporntion,
� 17
f97
�.r�,i�i��
TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS [N LIEU THEREOF
(Section 34)
I. �ONVEYANCES �OUIRFD TO BE MADE TO THE TOWN
Land to be Conveved u se interest to bc Convey�d
Blocks 18 and 19 Reserves Fee Simple
My portion of the lands Storm drainage works Easement
determined by the Town's
Director of Public Works
My lands outside the Lands Stortn drainage works Easement
detertnined by the Town's
Director of Public Works
2, rar rur nT►qN OF AMOUNT PAYABLE IN LIEU OF PARKLAND CONVEYANCE
When Phase 4 of DraR Plnn IST-88074 waa registered (now Plnn 40M-1875), the Owner conveyed
Block 140 to the Town for parkland purposes. It was ngrced bctween the parties thnt the conveynnce of
Bfock 140 would satisfy the Town's rcquirement for pnrkland dedicution for the Phase 4 development,
the Phnse S development (now Plun 40M•1896) nnd also the Owner's rcquircment to provide parkland
for this development, which Innds �vere originnlly designuted us ►ha Phasc 6 devclopmcnt of DmR Plan
IST•88074,
Acwrdingly, the Town ucknowledges :hat the Owner herein hns sntisfied its obligation to provide
parkland for this project.
3. STORM DRAINAGE WORKS EASEMENT REFERENCE PLANS
(1) Before the Town will advise tha Regianul Municipality of Durham thut the conditions of DmR
Approvul'affecting the Town have been satisfied, the Owner shnll obtain nnd deliver to the To�m
one drnft copy of euch proposed reference plan required lo effect thc conveyancc of thc specific
wsements referred to in section I of this Schedule.
(2) Upon the completion of the construction and insWllation of the stocm dreinoge warks within cach
, ensement shown on any proposed reference plan, the Owner's Consulting Enginecr shall advisc
the Town's Director oF Public Works of the actunl locntion of the works in rclation to �he
proposed easement or casements, und if the Director is satisfied with the actuul locntion of thc
works, the Owner shall register that reference plen and provide four copies of the plan us
registered to the Town Solicitor.
(3) If the Town's Director oF Public Works is not satisfied with the actual location of the works in
relation to the proposed easement or easements, the Owner shnll obtain and delivec to thc 1'own
one dreR copy of a revised proposed reference plen, end the provisions of subscction (2) nnd of
th3s subsection will continue to apply.
(4) Where the Town's Director of Public Works determines that the Town requires easements not
specifically rcCerred to in section I of this Schedule, the Owner shall obtain ond dclivcr to thc
Town one draft copy of each proposed reference plen req�Irrl to e7c:t the convcyance of the
such easements within 30 days of the Town's request ta do so, and the provisions of subsections
(2) end (3) will apply,
• 18
143 .
4. STORM DRAMAGE WORKS EAS MFN'r sc'uFn►ir F
Whem e conveyancc of an ensement is for stomi dminuge works purposes, the foliowing Schedule shall
be etlached to thc Transfer/Deed of Eesement:
INTEREST/ES1'ATE TRANSFERRED
Subject to the following terms nnd conditions, the free, uninterrupted wd unobstructed right and
easement to lay, canstruct, operate, maintuin, inspect, alter, repair, replace, rewnswct and remove slorm
drainage works together with appurtenunces thereto (herein called the "works"), in, over, along, across,
upon end under the land described in Box 5(hercin called the "lunds"), and to drnin stortn watcr in, ovcr,
along, across, upon and under the lands, together with the right to tha Transferee, its servants, agents and
contractors with all necessary vehicles, supplies and equipment to enter onto the lands and pass and
reptus over the lends Cor the purpose of exercising or enjoying nny of the rights granted herein.
The tertns and conditions which the parties hereto covenant nnd agree to observc und be bound by are as
follows:
1. The Transferee shnll, except in cnse of emergency, before commencing any work authorized
hereby, give to the Tmnsferor forty-eight hours previous written notice thereof, and in cases of
emergency such previous notice thereof as is rcusonubly passible.
2. Upon completion of any work, the Transferce shall fill in all excavations, restore fences, and
rcstore the surfuce of the ground by restoring aU topsoil and grass cover diswrbed thcreby, and
do necessary grading to ensure soil and slopc stability, and removc all equipmcnl.
3. The Trunsferor shnll not eiect nny building or strucwre (except n fence) on the la�ids, and shall
not pince or rcmove uny fill on or Gom nny part of the lands without the previous writicn consent
of the Tronsferec.
4. The right and eosemcnt granted hcrcin shall bc subjcct to all Icascs, liccnces, and any rights of
use or occupntion existing at the datc hcrcof, and the Transfcror muy from timc to timc rcnew or
extend these or make new anes, so long as they do not imerfere unreasonably with the right and
casement herein granted.
5. The Transferor hercby rcicases the Transfcrcc Gom any claim which muy arisc out of thc
exercise by the Transferee of the right nnd easemcnt granted hcreby or which may arisc out of thc
existence oF the slorm wuler or the cxistcnce, opemtion or non-operation of lhe storm drainage
works provided thc Transfcrcc has complicd with nll of thc tcrtns nnd conditions hcrcin.
6. The Transferor shall execute such further assurances of the right and easement granted hereby as
the Tmnsferec mny reasonnbly rcquest in wriling.
7. The burden of this Transfer and of �II the tertns and conditions contained herein shall nm �cith
the lands.
8. This Tmnsfer'nnd all of the terms and conditions coumined herein shull enure to Ihe benetit of
and be binding upon the Transferor and the Transferee and their respective hcirs, exccutors,
adminisuators, successors :uid assigns.
LAND BENEFITTED (DOM[NANT TENEMEN'n
9. 71ie benefit of this Transfer and ull of the terms end conditions contained herein shnll run «•ith aIl
other lands end interests in Innds owned, occupied or used by the Transfercc for thc puriwse of
opereling and mainteining stortn drainngc works.
19
�:i:�. . . � � . � � �
149
SCHEDULE B
DEVELOPMENT CHARGES, ENGINEERINC/LECAL FEES, OTHER RELATED
DEVELOPMENT COSTS
I. DEVELOPMENTCHARGESPAYABLE
(1) Until and including October 7, 1998, the development charges payable under the Town's
Development Charges By-law 3854/91 for each semi-detached dwelling unit located on Lots I
lhrough 14 within this project nrc 55,530 nnd 55,1 t 1 for ench townhouse unit located on Block
I5.
(2) From and aRer Octaber 8, 1998, the development churges payable for dwelling units within this
project will be in accordance with the Town's Development Charges Bylaw in existencc at the
date of such payment.
(3) This drnft plan of subdivision includes a block thnt is designnted to be dcveloped in conjunction
tvith abutting lands. Development Chnrge payments for ihc future development biocks in this
drnft pinn of subdivision will be collected at tha timc n building permit is issucd for the
development of lands incorporating Block 16 of this dreQ plan and thc abutting lands to Ihe «•est
which fce will be payable by the registercd owner of the developable lands at the time of
building petmit issuance, in accordance with the Town's Development Charge Dy-Law in
existence at the dute of such payment.
2. ENGINEERING DRAWING INSPECTION FEE PAYAd�
Prior to ihe release for cegislmlion of this plan, the Owner sh�ll pay to the Town, thc sum oY S I.O85.00,
which represents the nmount of the Engineering Drawing Inspection Fec payable for this project.
3. SUBDIVISION AGREEMENT PROCF.SSfNG FEG PAYAB[.G
The Town acknowledges reccipt, in full, of the amount of 53,210 [53,000 plus 5210 GST.J which
represents the Subdivision Agrcement Processing Fee paynble for this Agreement.
4. STROUD'S LANE CONSTRUCTION COST SHARING
(1) Without limiting ihe generality of section 10 of this Agreement, the Owner shall include among
the works nnd services to be constnuted and installed by it under this Agrecment, the follo���ing:
(a) u roadwuy (complete with all signs and other appurtennnces) and having n total tr��•clled
widih of 13.5 metres; curbs und gutters; cntch basins; a sidewalk (complete wiih
barticades); boulevurd excavution, grading nnd sodding; drivewny entranees; strcct
lighting; traffic calming mcasures; stortn sewer connections; und concretc box culvcrt on
Stroud's Lane Gom the existing limit of Plan 40M-1810 to the wcst limit of Draft Plan
18T-96009.
(2) Despite the provisions of section 8 of this Agreement the Town shall pny to the Owncr all uf thc
Owner's reasonable costs,
(a) up to a mnximum of 5175,000.00 of tho design, construction and installation of thc
roadway, sidewalk and boulcvard excnvution, box culvert instailation, grading und
sodding, treffic calming measures and street lighting refcrtcd to in paragraph (1)(a) of this
section, within ihirty dnys of receiving the Owner's invoices thereforc supponcd by
nppropriate progress certificates, ccrtifications and declorution9,
' 20
. . :..�1 . � . . . . � . . . .
' 150 .
SCHEDULE C
SPECiFIC PROVISIONS RESPECTING DEVELOPMENT
l. EXPECTED NUMBER OF DWELLINGS �
. (I) This Agreement has been entered into with the expectation that 31 dwellings are to be
constructed on the Lends, two each on Lots I-14 and three on Block I5.
(2) If more or less then 3l dwellings are to be conswcted in this project, thc Town at iu sole
discretiom m�y require the Owner to obtain new npprovals and authorizations under this
Agreement and may prohibit any development until the new approvals end nuthori�ations ure
obtained.
2. SPECtAL PROVISION RESPECTING CONSTRUCTION OF ROADS
The Owner herein agrees to the conswction of intemul roads with curb, stomi sewer or sidewalk nnd
boulevard designs to maximize Gont yard space without impeding services or the safe operation of the
, sVeets to the satisfaction of the Town's Director of Public Works.
3. CONSTRUCTION MANAGEMENT REPORT
Prior to ihe initiation of construction on Ihe sitc, the Owner shnll submit to the Toan's Dircctor of
Public Works for upproval, n Construction Mnnagement Report outlining the site management measures
to be undertaken during constructian.
4. STORMWATER DRAINAGE AND MANAGEMENT SYSTFM
Tho Owner herein shall satisfy the Town's Dircctor of Public Works respecting a stortnwaler drainage
und mnnagement system lo service nll thc lunds in thc subdivision and nny provisions regnrding rclated
required easements. Stortnwater mnnagemcnt techniques far this plan of subdivision shall be consistent
with those approved for the Altona Forest Environmenlal Policy Arca, including campliance with all
erosion and sediment control stratcgics to the satisfaclion of the Town's Director of Public Works.
5. $PECIAL PROVISION RESPECTING DESIGN PLANNING
In nddition to section 26 herein, lhe Owner agrees that the rcquired report shall place spccial emphasis
on massing, method of attachment nnd garage siting, the provision of ndequate on and off•street parking
and the design of high visibility building elevations adjncent to pubiic ureus, including thc rcar
elevations of dwelling units on Lots 10-14 as shown on dmfl plan of subdivision 18T-96009.
6. FUTURE DEVELOPMENT - BLOCK 16
(1) Block 16 shall be reserved for future residential development; such development.shall not
commencc without servicing availubility from the ndjncent Innds to the west and the prior ��ritten
npprovnl of the Town, which may be subjcct to conditions.
(2) Until such time as Block 16 is developed in uccordnnce herewith, the Owncr shull maintnin it in u
clean and orderly condition to the satisfuction of the Town's Director of Public Works.
(3) In the event thnt Block 16 is not devcloped in accordancc herewilh prior to the rcquest Cor the
issuence by the Town of the Finul Acceptnnce Certificute, the Owncr ngrces to sod and grade
Block 16 to the sotisfaction of the Town's Dircctor of Public Works, prior to the issunnce of thc
Finel Acceptance CeAificute being issued.
21
..� _ �
I51
SPECIAL PROVISIONS REQUIRED BY THE RECIONAL MUNICIPALITY OF DURHAM
The sections set out in this Schedule roprcsent provisions not uffecting the Town, but required to be inserted in
this Agreement by the condilions of lhe Onwrio Municipal Bourd dated May ?, 1997, of Draft Plnn IST-9G009
�the °APProval").
TORONTO AND REGION CONSERVATION AUTHORITY
1. The Owner herein acknowledges that prior to finnl registration of the pinn of subdivision, or any on•site
grnding, the Toronto and Region Conservntion Authority and the Town must have reviewed anJ
approved the following reports and/or plans describing:
(n) the stortn druinage systcm for Uie proposed development, which report must include:
(i) delails of compliunce wi�h the reports entitled "Hydrology and Hydraulics Update for
Main Petticoat Creek - Slage I Study of Comprehensive Stortnwnter Managemtnt for
Altona Forest Area, 194" and "Stortmvater Munagement Strategy for the Altona Forest
Area, February 1994", prepared by Cosbum Putterson Wardman Limited;
(ii) the manner in which stortnwnter will be conveyed Gom the site, including how the
subdivision ties into existing devclopment;
(iii) nppropriate Stormwutcr Managcment Practices (SWAPs) to be used to trcat startnwater,
to ensurc no negative impact on the qualiry und qunntiry oF ground and surface watcr
resources;
(iv) the location and description of all outiets and other facilities which may rcquire permits
under provincial rcgulations; and
(v) propased mcthods of controlling or minimizing crosion anJ siltation on-silc and in
downstreum ure�s during and aRer construction; nn erosion sediment conlrol strategy
which includes n dcscription and plan bc prepazed.
(b) Overnll grnding plans for thc lunds within this pinn.
(c) A landscupe plan showing the location of tree planting betwecn Tree 7'op Crescenl and the
nbutting valleylunds as shoµn on Drift Plan 18T-96009.
2. The Owner ngrees to submit to the To�m und the Toronto and Region Conservation Authority for
approval, the finnl engineering and construction drawings for thc SUoud's Lune crossing of Ihe
Rosebank tributnry, such drnwings to be substantially in uccordance with thc drawings contuincd in the
witness statement of Robert Webb, Marshall, htacklin, Monaghan, dated Febniary, 1994.
3. The Owner agrees to prepare and submit a Grading Control Plan and any other drainage information
required to the satisfaction of the Town nnd the Toronto and Region Conservation Authority with speci�i
emphasis on coordinating grades with ndjacent plans of subdivision und minimizing lot grading adjacent
to the valley lands and the Altonn Forest.
4. The Owner ngrees lo preparc un Edge Management Report in accordance with thc Altonu Furest
Management Plen for the review and npprovai of the Toronto and Region Canscrvntion Authority and tu
the satisfaction of the Town.
5. The Owner ngrces to demonstrnte compiiance with the recommcndutions of the "Slopc 5tability
investigntian nt the Highbush Subdivision, Town of Pickering" prcpared by Marshall, M1facklin,
Monaghan Limited, detedlanuary 1994,
22
. 152
; 6, (a) The Owner agrces to canswct permanent fencing in nccordnnce with Toronto und Region
Conservation Authority specifications along the lengih of development udjacent to the velley and
forest presorve blocks.
(b) The Owner ngrees ro consWct lhe pertnonent fencing rekrred to in Conditian 6(a) priar to
occupancy or within 6 months of date of occupancy if occupnncy occurs wiihin the winter
months.
7. The Owner agrees to obtain all necessary pertnits required under Provincial Regulntion, prior to the
registretion of the plan.
8. The Owner ngrees to: .
(a) cause to carry out tha works referted to in conditions l, 2, 3 and 5 above;
(b) design and implement on•site erosion and sediment control, in order to meet the
requirements of the Federai Fisheries Act. The Ministry of Naturnl Rcsources will
monitor effectiveness and Inke appropriate action as required; nnd
(c) mnintain all stortnwuter management and crosion and sedimenmtion control stnictures
opernting nnd in good repair during the construction period, in u mnnner satisfactory to
the Toronto and Region Conservution Authority nnd the Town.
9. Once the Subdivision Agreemcnt betaeen thc Toa�n of Pickcring and thc Owner herein is fully-
executed, the Owner agrces to fonv�rd a copy to the Toronto and Region Conscrvation Authority.
CANADA POST CORPORATION
Prior to finul registration of this plan, ihe O�mcr htrcin ugrces to provide a centml mail facility at thcir cxpensc
nnd have the location reviewed by the Town and npprovcd by CnnnJa Post Corporation.
ur.aeow
23
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