HomeMy WebLinkAboutBy-law 3625/91~_RPOR_A~TIQN OF TJr!~T~WJX O~_ P1CKERING
B Y-bAW__I~O, 3625/91
Being a by-law to authorize the execution of a
Subdivision Agreement and related docuntentation
respecting the develolmtent of Blocks 69 attd 70, Platt
40M-1511, Picketing { Cyrno Holdings Inc.; 18T-89025).
wHEREAS the proposal to subdivide and register a plan of subdivision of Blocks 69 and 70, Plan
40M-1511, Picketing, has been recmrunended for approval by the Council of The Corporation of the
Town of Pick.,e. ting and approved by the Commissioner of Planning of the Regional Municipality of
Durhmn as Draft Plan 18T-89023, subject to several conditions, one of which reqnires the entering into
of a satisfactory Subdivision Agreement with qbe Corporatinn of the Town of Picketing, pursumlt to the
provisions of the Planning Act 1983, S.O. 1983, chapter 1, section 50(6); and
WHEREAS, pursuant to the provisions of tile Municipal Act, R.S.O. 1990, chapter 302, section 193(I ),
the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring any land or
interest therein for the purposes of the corporatinn;
NOW TItEREFORE, the Couocil of The Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form
attached hereto as Sd~edule A, between Cymo Holdiugs Inc. and The Corporation of the Town
of Picketing, respecting the development of Blocks 69 and 70, Plan 40M-1511, Picketing
[Draft Plan 18T-89023).
2.
(2)
Tile Corporation of the Town of Picketing shall acquire interests in the nature of
easements over those lands described in section 20 of the Subdivision Agree~neut
attached hereto as Schedule A, subject to the terms and conditions set out thel~in, for
storm tkainage purposes.
The Mayor and Clerk are hereby authorized to execute Transfers of Easement, in the
form attached hereto as Schedule B, effecting the acquisition by The Corporation of the
Town of Picketing of the [uterests referred to in subsection (1).
BY-LAW read a first, second and third thne and finally passed this 21st day of January, 1991.
TOWN C,F
PICK ER~.I G
AS TO
LEGAL Dry"1'.
T_HE CORPORA~N OF THE TOWN OF PICKERING
B_Y-hAW NO. 3625/91
Being a by-law to attthorize the execution of a
Subdivision Agreement attd related documentation
respecting the development of Blocks 69 attd 70, Platt
40M-1511, Picketing (Cyrno Holdings Inc.; 18T-89023).
WHEREAS the proposal to subdivide and register a plan of subdivision of Blocks 69 and 70, Plan
40M-1511, Picker'mg, has been reco~unended for approval by the Council of The Corporation of the
Town of Pickeriug and approved by the Commissiouer of Planning of the Regional Municipality of
Durham as Draft Plan 18T-89023, subject to several conditions, one of which requires the entering into
of a satisfactory Subdivision Agreement with The Corporation of the Town of Pickering, pursuant to the
provisions of the Planning Act 1983, S.O. 1983, chapter l, section 50(6); and
WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter 302, section 193(1 ),
the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring any land or
interest therein for the purposes of the corporation;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form
attached he,eta as Schedule A, between Cymo Holdings Inc. and The Corporation of the Town
of Picker'mg, respecting the development of Blocks 69 and 70, Plan 40M-1511, Picketing
(Draft Plan 18T-89023).
2. {1)
(2)
The Corporation of the Town of Picketing shall acquixe interests in the nature of
easements over those lands described in section 20 of the Subdivision Agreement
attached hereto as Schedule A, subject to the terms and conditions set out therein, for
storm drainage purposes.
The Mayor and Clerk are hereby authorized to execute Transfers of Easement, in the
form attached hereto as Schedule B, effecting the acquisition by The Corporation of the
Town of Pickering of the interests referred to in subsection (1).
BY-LAW read a first, second and third thne and finally passed this 21st day of January, 1991.
PICKER!fl'G
APPROV!,~9,
AS TO
Wayne Artht~,, Mayor
LEGAL
SC~-IEEULE P.
THIS SUBDMSION AGREEMENT made December 17th, 1990.
BETWEEN:
CYRNO HOLDINGS INC.
hereinafter called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Fown"
OF THE SECOND PART.
WHEREAS the Owner proposes to subdivide Blocks 69 and 70, Plan 40M-1511, in the Town of
Picketing, in the Regional Mum.'.ci~pality of Durham, and to register a plan of subdivision of those lands,
ns shown on a draft plan of subdivtsion designated as Draft Plan Number 18T-89023;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town
approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto
covenant and agree one with the other ns follows:
The lands nffected by this Agreement (the "Lands") are Lots I to 8, both inclusive, Plan
40M- , Picketing.
CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before June 30, 1991, the Town may,
at its option on one month's notice to the Owner, declare this Agreement to be null and void and
of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered
by the Owner as a result thereof.
Any notice required to be given hereunder may be given by registered mail addressed to the
other Party at its principal place of business and shall be effective az of the second day
hnmediately following the date of the deposit thereof in the Post Office.
(1)
Whenever in this Agreement the word "Owner" or the pronoun "it" is used, it shall be
read and construed as "Owner or Owners" or "his", "her" or "them", respectively, and
the number of the verb agreeing therewith shah be construed accordingly.
(2) Schedules A and B attached hereto shall form pa~ of this Agreement.
Time shah be of the essence of this Agreement.
This Agreement and everything herein contained shah ChUte to the benefit of and be binding
upon the Parties hereto, their successors and assigns.
The Owner shall retain n iicence from any subsec~uent purchaser of the Lands, or any part
thereof, to enter upon the Lands in order to comply w~th the pwvisions of this Agreement.
OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good workmanlike manner, for the Town,
nH the municipal services as hereinafter set forth to the satisfaction of the Town, and shall
complete, perform or mnke payment for such other matters as may be provided for herein.
CONSULTINO ENGINEERS
(1)
The Owner shall retain a Professional Engineer as the Consulting Engineer of the
Owner to carry out ali the necessary engineering and to .su~pe. rvise generally the work
required to be done for the development of the plan of subdivision.
(2)
Such Consulting Engineer, or any successor thereto, shall continue to be retained until
the work provided for in this Agreement is completed and formally accepted by the
Town.
(3)
Thisprovision shall not be construed so as to prevent the Owner from changing from
one Consulting Engineer to another at any time or times during the development and
construction of the project, so long as the Owner has a Consulting Engineer retained at
all times.
10.
STORM SEWER CONNEC'FIONS
The Owner shall construct storm sewer connections to service all the lands in the plan
of subdivision, according to designs approved by the Director of Public Works and
according to the specifications of the Town in effect at the date hereof and shall
maintain it, including clearing any blockages or debris from whatever cause, until they
are formnHy accepted by the Town.
(2)
Such connections shall be constructed to an existing sewer or laterals therefrom
according to designs approved by the Director of Public Works and shah be of
sufficient size and depth and at proper locations to service the lands in the plan of
subdivision.
(3)
No connection under subsection (2) shall be undertaken prior to preliminary acceptance
of the storm sewer by the Town, except in an emergency.
11.
ROAD BOULEVARDS
The Owner shall reconstruct and repair boulevards on Dellbrook Avenue and Middleton Street
where construction has taken place or that are used by construction t~affic entering the plan of
subdivision and keep such boulevards clear and free of materials and obstructions which might
interfere with the installation of electric, telephone, gas or other utilities.
12.
(1)
The Owner shall reconstruct and repair Dellbrook Avenue and Middleton Street where
construction has taken place or that are used by construction traffic entering the plan of
subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all
types.
(2)
The Owner shall erect and maintain adequate signs to warn aH persons using those
roads that construction traffic is a danger.
(3)
Such signs and the location thereof nre subject to the approval of the Town's Director of
Public Works.
13.
CURBS. GUTTERS & SIDI~WALK5
(1) The Owner shall reconstruct and repair curbs, gutters and sidewalks on DeHbrook
Avenue and Middleton Street.
2
(2)
If any curb depressions are not located correctly with respect to a ~iveway, the Owner
shall construct a curb depression in the correct location and f'fll m the original curb
depression.
14.
ELECTRICAL SERVICES
Where electricity, cable television service or telephone service is to be provided to any lot in the
~lian, it shall be provided underground and in accordance with the standards and specifications of
ckering Hydro-Electric Commission, Picketing Cable T.V. Limited or Bell Canada, as the case
may be.
15.
(1) Prior to the registration of the plan, the Owner shah pay to the Town the sum of $245 as
an engineering drawing inspection fee.
(2) All works required to be constructed b.y the Owner, except those referred to in section
14 shall be installed under the observation of Inspectors emp!oyed by the Town and the
Owner shall pay the costs incurred therefor within 30 days of invoices being rendered.
(3) The costs referred to in subsection (2) may include, but not necessarily be limited to,
salaries and wages of Inspectors, testing fees and administration fees.
16.
LIABILITY Ii'qSURANCE
(1)
Before commencing any of the work provided for herein, t..h.e Owner shall supply the
Town with a Certificate of Insurance verifying that a Liability Insurance Policy is in
place '.m, .a form satisfactory to the Town, naming the Town as an ins.ur~d, and
mdenmifymg the Town from any loss arising from claims for damages, injury or
otherwise in connection with the work done by or on behalf of the Owner in the plan of
subdivision and elsewhere.
(2) The amount of the policy shah be $5,000,000.
(3)
In the event any renewal premium is not paid, the Town, in order to prevent the lapse of
such Liability Insurance Policy, may pay the renewal premium or premiums and the
Owner shall pay the cost of such renewal or renewals within 30 days of the account
therefor being rendered by the Town.
(4)
It shah be the responsibility of the Owner to notify the Town of the dates for the
renewal of the prenfium o.f the said policy and to supply proof that the premium of the
said policy has been paid m order that the protection provided by the Liability Insurance
Policy shall not lapse.
17.
PERFORMANCE & MAINTENANCE GUARANTEE
(1)
Before commencing the construction, installation or performance of any of the works
provided for herein, the Owner shall supply the Town with a 60% performance and
maintenance security in a form satisfactory to the Town and in an amount established
by the Director of Public Works (the "original value") for the purpose of,
(a)
guaranteeing the satisfactory construction, installation or performance of the
works;
(b)
guaranteeing the payment of any amounts payable to the Town under this
Agreement;
(c)
guaranteeing the payment of any amount that the Town may be required to pay
under the provisions of the Construction Lien Act, 1983, and
(d)
guaranteeing all works, workmanship and materials for a period of 2 years
from the date that the works are completed and such completion acknowledged,
in writing, by the Director of Public Works. -
(2)
The Owner may, at any time after the first 50%, in value, of works have been
constructed, instal, led or performed, and paid for, apply for a reduction in the security
and such applicatton shall be made to the Town Treasurer.
3
(3)
(4)
Upon wri~en verification fforo the Director of Public Works that the construction,
installation or performance of the works for which reduction is being sought have been
satisfactorily completed and paid for, the Town Manager may reduce the amount of the
security to an amount not less than,
(a)
sixty per cent (60%) of the original value where no certificate or declaration of
substantial performance has been made;
(b) thirty-five per cent (35%) of the original value where,
(i)
a certificate or declaration of substantial performance has been
published;
(ii) 45 days following 'such publication have expired; and
(iii)
all liens that may be claimed against any holdback required to be
retained by the Town have expired or have been satisfied, discharged
or provided for by payment into court;
and
(c) seventeen per cent (17%) of the original value where,
(i)
a certificate of f'mal completion has been made by the Owner's
Consulting Engineer;
(ii) 45 days following the making of such cenificate have expired; and
(iii)
all liens that may he claimed against any holdback required to be
retained by the Town have expired or have been satisfied, discharged
or provided for by payment into court;
which seventeen per cent (17%) portion shall secure the guarantee of works,
workmanship and m.aterials, until the obligation to guarantee has expired, when the
balance of the security shall be returned to the Owner subject to any deductions for
rectification of deficiencies.
Upon. the.approval,, if any, of a reduction in the amount of the security required to be
provided m subsecuon 1, the Town Manager or the Town Treasurer shall provide to the
Owner any necessary assurance to effect the reduction.
18.
DRAINAGE - SODDING
(1)
The Owner shall provide the Town, before commencing any of the work provided for
herein andprior to the commencement of the development of the plan of subdivision,
with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing
the proposed grading of the lands to provide for the proper drainage thereof and the
drainage of all adjacent lands which drain through the plan of subdivision.
(2)
The Grading Control Plan shall be prepared in accordance with the Town's Lo~
Drainage Specifications in effect at the date of this Agreement, and shall not provide for
the drainage of surface mn-off water onto Town-owned parkland, open space or
walkways unless provision is made for the installation by the Owner, at no cost to the
Town, of suitable swales and catch basins to manage adequately, in the opinion of the
Town's Director of Conununity Services and Facilities, that surface mn-off water.
(3)
The Grading Control Plan is subject to the approval of the Town's Directors of Public
Works and Community Services and Facilities and the Metropolitan Toronto and
Region Conservation Authority.
(4)
The grading of all lands shall be carried out by the Owner in accordance with the
approved Grading Control Plan, under the supervision of the Owner's Consulting
Engineer.
(5)
IL in the opinion of the Director of Public Works, drainage problems occur prior to
formal acceptance of the works in the plan of subdivision by the Town, the Owner shall
correct them by re-grading or by the construction of catch basins, swales or other
structures as may he necessary to correct such problems.
4
(6)
Despite any time limit otherwise applicable pursuant to section 1 of Schedule A, the
Owner shah sod the front, side and rear yards of each of the residential lots and blocks
except for paved, planted or treed areas, within the six months immediately following
the occupancy of the first dwelling unit erected thereon, unless such occupancy occurs
in November or December of any year, in which case the time limit for such sodding
shah be extended to June 30 in the following year.
19.
INCOMPLETED OR FAULTY WORK
(1)
If, in the opinion of the Director of Public Works, the Owner is not prosecuting or
causing to be prosecuted the work in connection with this Agreement within the
.specified time, or in order that it may he completed within the specified time, or is
tmproperly performing the work, or shall the Owner neglect or abandon it before the
completion, or unreasonably delay the same so that the conditions of this Agreement are
being violated or carelessly executed, or in bad faith, or shall the Owner neglect or
refuse to renew or again perform such work as may be rejected by the Director of Public
Works ns defective or unsuitable, or shall the Owner in any other manner, in the opinion
of the Director of Public Works, make default in performance of the terms of this
Agreement, then in any such case, the said Director of Public Works shallpromptly
notify the Owner and his surety in writing of such default or neglect and if such
notification he without effect within 10 clear days after such notice, then in that case,
the Director of Public Works shall thereupon have full authority to purchase such
materials, tools and machinery and to employ such workmen as in his opinion shah he
required for the proper completion of the said work at the cost and expense of the
Owner or his surety, or both.
(2)
In cases of emergency, in the opinion of the Director of Public Works, such work may
be done without prior notice but the Owner shall be forthwith notified.
(3)
The cost of such work shall he calculated by the Director of Public Works whose
decision shah be fmai.
(4)
Such costs shall include a management fee of twenty per cent (20%) of the labour and
material value, and further, a fee of thirty per cent (30%) of the value for the dislocation
and inconvenience caused to the Town as a result of such default on the part of the
Owner, it being hereby declared and agreed that the assuming by the Owner of the
obligations imposed by this paragraph is one of the considerations, without which the
Town would not have executed this Agreement.
20.
TRANSFERS - EASEMENTS
(1)
The Owner shall arrange at no cost to the Town for granting to the Town such
easements as the Director of Public Works or his designate shah deem necessary for the
provision of storm water drainage and management facilities both within the boundaries
of the plan of subdivision and across lands adjacent thereto but outside its boundaries.
(2)
Such easements shah be subject to the approval of the Director of Public Works or his
designate as to their location and width.
(3)
The construction of any services in such easement or easements referred to in
subsection (1) shall not commence until the easement has been acquired, unless
permission to do so has been obtained by the Owner, in writing, from the Town and
from the registered owner of the lands across which the easement shall lie.
21.
GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approache.~
To pave all driveway approaches between the curb and sidewalk.
Continuation of F. xistin_~ Services
Where the construction of services herein involves a continuation to existing services,
to join into the same, including adjusanent of grades where necessary, in a good and
workmanlike manner.
(b)
5
(c)
(d)
(f)
(g)
(h)
(i)
O)
Public Lands - Fill & Debris
(i)
Neither to durn~ nor to permit to be dumped, any fill or debris on, nor to
remove or pemut to be removed, any fiH from any pub. lie lands, other than in
the actual construction of roads in the plan of subdivision without the written
consent of the authority responsible for such lands.
(ii)
On request, to supply the Town with an aclmowlcdgement from such authority
of the Owner's compliance with the terms of sub-clause (i).
(iii)
That there shall be no burning of refuse or debris upon its lands or any public
lands.
Qualitative or O_uantitative Tests
The Director of Public Works may have qualitative or quantitative tests made of any
materials which have been or are proposed to be used in the construction of any services
requh'ed by this Agreement, and the cost of such tests shah be paid by the Owner within
30 days of the account being rendered by the Town.
(i)
To pay the cost of relocating any existing services and utilities caused by the
subdivision work within 30 days of the account for same being rendered by the
Town.
(ii)
Similarly to pay the cost of moving any services or utilities installed under this
Agreement in driveways or so close thereto, in the opinion of the Director of
Public Works, as to interfere with the use of the driveway.
Unless otherwise provided, to perform any work required to be done under this
Agreement to the specifications of the Town in effect at the date hereof,
To provide and erect at its own cost, to the specifications of the Town, temporary signs
of such nature and at such locations as may he designated by the Director of Public
Works.
To provide and erect at its own cost, to the specifications of the Town, permanent signs
of such nature and at such locations as may be designated by the Director of Public
Works.
Prior to the final acceptance of the subdivision, to supply the Town with the original
drawings of the engineering works for the plan of subdivision, with amendments, if any,
noted thereon.
Survey Monuments & Markers
Prior to the acceptance of the subdivision by the Town, to supply a statement by an
Ontario Land Surveyor that, after the completion of the subdivision work, he has found
or re-established all standard ffon bars as shown on the registered plan, and survey
monuments at all block comers, the ends of all curves, other than comer roundings and
aH points of change in direction of streets on the registered plan.
22. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
No building permit shall be issued for any building or part
subdivision until sewer and water facilities are available, and
Director of Public Works, capable of providing adequate service.
of a building in the
in the opinion of the
(2)
No building or pa~ of a building in the subdivision shaH be occupied except upon the
issuance of a municipal occupancy permit.
6
(3)
No application for a municipal occu. pancy permit for a tmilding or pan of a building
shall be made except upon the following conditions:
(i) Storm sewer, sanitary sewer and water facilities ate installed and in operation
to adequately serve such building or pan the~of; and
(ii) Electric service is completed and in operation.
23.
(1)
The Owner shall, prior to the issuance of any building, permit for the .construction of any
residential unit on the lands, submit to the Town's Dtrector of Planning, for approval, a
report outlining siting and architectural design objectives for the subdivision, which
approval shall not be unreasonably withheld.
(2)
The report referred to in subsection (1) may be required, at the Dixector's option, to
provide the following information:
(a)
(b)
(c)
(d)
(e)
(g)
house massing;
streetscape;
exterior materials and colours;
architectural style;
visual variety;
energy consentation measures; and
any other data or information reasonably required.
(3)
The Owner shall, prior to the issuance of any building permit for the construction of a
residential unit to be erected on the lands, submit to the Director, for approval, sim
plans and ~rchitectural drawings for that unit, which approval shall not be umeasonably
withheld.
(4)
The plans and drawings referred to in subsection (3) may be required, at the Director's
option, to provide the following information:
(a)
(b)
(c)
(d)
(e)
the location of all buildings and structures to be erected and the location of all
facilities and works associated therewith;
the location of landscaping features: including trees to be preserved;
streetscape for front and rear elevation at a scale acceptable to the Director;
streetscape to show all street furniture and vegetation;
the relationship of buildings by blocks; and
any other data or information reasonably required.
4°
FINANCIAL PAYMENTS
(1) The Owner shall pay to the Town a unit levy in the amount of,
(a)
(b)
$3,050 per unit if paid in 1990; or
$3,250 per unit if paid in 1991,
for each dwelling unit to be erected in the plan.
(2)
No building permit shall be issued for any dwelling unit unless payment of the unit levy
shall have been made in advance of the issuance of such permit with respect to such
dwelling unit.
(3)
In any event, the Owner shall pay all levies payable under the provisions of this section
in full no later than six months from the date of registration of the plan.
(4)
A letter from the Clerk of the Town advising that the unit levy has been paid shall be
deemed to be a release of this section for the lands referred to in the said letter.
FINANC/AL SECURITY
The .Owner shall, immediately ~prior to the registration of the plan, deposit with the Town, a
secur!ty payable to the Town, m a .form s. atisfactory to the Town, for the sum of $22,750 as
security for the payments referred to m sectmn 24 hereof.
26. GENERAL PROVISIONS - FINANCIAL MATrERS
The Owner agrees with the Town:
(a) TA~m
Topay the ta~. es in ~II on all the lands included in the plan of subdivision, as required
by law from tune to tune.
(b) ~
To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all
sums of money payable herein which are not paid on the due dates calculated from such
due dates.
(c) ~
To pay all registration costs incurred by the Town relating in any way to the registration
of the plan of subdivision or any other related documentation, including transfers, in the
Land Titles Office.
(d) ~
Upon applying for final acceptance of the subdivision, to supply the Town with a
Statutory Declaration that all accounts for work and materials have been paid, except
normal guarantee holdbacks, and there are no claims for liens or otherwise m
connection with such work done or material supplied for or on behalf of the Owner in
connection with the subdivision, or if such claims do exist, the Owner shall indemnify
the Town against all claims, actions or demands for liens or otherwise and all costs in
connection therewith.
27.
EXPIRY OF SECURITIES
(l)
Should any security required to be given under the terms of this Agreement expire
during the currency of the Agreement, the Own. er shall provide to the Town at least 30
days in advance of the expiry date of that security, a further security to take effect upon
the expiry.
(2) Such further security shall be to the satisfaction of the Town.
(3)
Should no such further security be provided as required, then the Town shall have the
right to convert the expiring security into cash and hold the cash in lieu of and for the
same purposes as any further security.
28.
PROVISION OF PARKLAND
Prior to the registration of the plan, the Owner shall pay to the Town the sum of $12,863 in ca.ah
or by certified cheque, which sum the Town shaU accept in full satisfaction of the Owner's
obligation to provide parkland for Lots I to 8.
29.
(1)
The Owner shall plant on road allowances within or adjacent to the plan, seven trees of
a size and type acceptable to the Town.
(2)
A schedule of the Owner's tree planting scheme shah be approved by the Director of
Planning prior to the planting of any trees.
(3)
The trees approved by the Town shall be planted by the Owner when the boulevasd into
which they are to be planted is sodded.
(4)
If the density is too great to enable seven trees to be planted, the Owner shall pay to the
Town $175 for every tree which cannot he planted for tree planting in a public land area
within the community in which the plan is located.
8
30. TREE I>IRESERVATIO~
(1) The Owner shall retain, at its own exl~ense, a qualified expert to prepare a Tree
Preservation Program indicating which extsting trees shah be preserved.
(2)
The Program shall be submitted to the Director of.P. larming for review and approval by
the Director of Community Services and Facilities, and, once approved, shall be
implemented as approved only.
(3)
In determining whether or not to approve the Program, the Director shah be govemed
by the Town Tree Preservation Policy in effect at the date hereof.
(4)
Until such time as the Program is approved, the Owner shall not commence, nor allow
to be commenced, any aspect of the development of the lands in the plan, including the
removal of any tree.
(5)
In the event that any tree required to he preserved by the approved Tree Preservation
Program is removed or is, in the opinion of the Town's Director of Community Services
and Facilities, damaged to such an extent that its value or longevity is decreased or is
likely to be decreased, then the Owner shall replace that tree with n tree of a height,
diameter and species determined by the Director; such replacement shall be at no cost to
the Town.
(6) The Owner's liability under subsection (5) shah continue until,
(a)
where the lands upon which the tree is located comprise a re.s. idential building
lot or block, twelve ~nonths after the completion of the sodding on the lot or
block, or
(b)
where the lands upon which the tree is located coml?ise lands other than a
residential building lot, the expixy of the guarantee period referred to in section
I of Schedule A of this Agreemem.
IN WITNESS WHEREOF, the Par~ies hereto have hereunto affixed their respective Cotl~orate Seals
attested to by the hands of their respective authorized officers.
SIGNED, SEALED & D~JJVERED
CYRNO HOLDINGS INC.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Brace Taylor, Clerk
9
TIME LIMIT FOR WORK & OUARANTEE FOR WORKMANSHIP & MATERIALS
(1) In this section, "preservicing" means the undertaking, prior to the registration of this
plan of subdivision, of any works or services required to be undertaken by the
~,rovisions of this Agreement, on the Lands or on any lands adjacent thereto, and
"preservice" has a corresponding meaning.
(2) The Owner may undertake preservicing limited to earthworks (including preliminary
grading, soil movement and storage) only with the prior written approval of the Town
which may be issued by the Town's Legal Services Depa~h,~ent only after the Owner
has,
(a) executed this Agreement;
(b) supplied a satisfactory liability insurance policy pursuant to section 16;
(c) provided a Grading Control Plan submission pursuant to section 18 which has
been approved, subject only to the provision of corrected drawings, by the
authorities referred to in section 18(3); and
(d) submitted a Tree Preservation Program pursuant to section 30 which has been
approved by the authority referred to in section 30(2).
(3) The Owner may preservice this project only with the prior written approval of the Town
which may be issued by the Town's Legal Services Department only after the Owner
has,
(a) executed this Agreement;
(b) supplied a satisfactory liability insurance policy pursuant to section 16;
(c) supplied a satisfactory performance and maintenance security pursuant to
section 17;
(d) provided a Grading .Control Plan submissi, o.n pursuant to section 18 which has
been approved, subject only to the prov=lon of corrected drawings, by the
authorities referred to in section 18(3); and
(e) submitted a Tree Preservation Program pursuant to section 30 which has been
approved by the authority referred to in subsection 30(2).
Despite the provisions of subsections (2) and (3), preservicing limited to,
(a) making soil quality and compaction tests,
(b) surveying the boundaries of the Lands and of proposed lots, blocks and roads
thereof,
(c) marking existing and proposed grade elevations,
(d) tests and examinations of the Lands necessary for the preparation of required
pre-development studies,
(e) compliance with an approved Tree Preservation Program;
(f) lawful erection of permitted signs, or
(g) any combination thereof,
shall not require the prior written approval of the Town.
The Owner shall complete all works, services and requirements under dfis Agreement,
(a) within one year of the date of registration of the plan of subdivision if
preservicing (except preservicing limited to that described in subsections (2) or
(4), or both) has occurred with or without the Town's approval, or
(4)
(5)
10
(6)
(b) within two years of that date if no preservicing (except preservicing limited to
that described in subsections (2) or (4), or both) has occurred.
The Owner shall guarantee all works, workmanship and materials employed or used in
the construction, installation or completion of all works, services and requirements
under this Agreement for a period of two years from the date that the works, services
and requirements are approved in writing by the Town.
DEMOLITION OF EXISTING BUILDINGS
All buildings and structures on the Lands, except the residence on Lot 2, shall he demolished by
the Owner, at its sole expense, prior to the issuance of any building permit.
DWELLING UNIT COUNT
(1) In the event that more than seven units (one each on Lots I to 5 and 7 to 8) are to he
constructed in this plan pursuant to this Agreement, an amendment to this Agreement
shall be required.
(2) In the event that less than seven units (as described in subsection I) are to be
constructed in this plan pursuant to this Agreement,
(a) the amounts payable to the Town pursuant to sections 15(1) and 28, and
(b) the amount of the security to be provided to the Town pursuant to section 25,
shall be pro-rated accordingly by the Town without an amendment to this Agreement.
CONTRIBUTION TO ADJACENT SERVICE COSTS
The Owner shall, hnmediately prior to the registration of the plan, provide to the Town a
certified cheque payable to Grand Oak Homes (Eastern Division) Inc. in the amount of $ ,
as the Owner's share of the cost to Grand Oak Homes (Eastern Division) inc.'s of the
installation of roads, curbs, gutters, sidewalks, storm sewers and street lighting on Dellbruok
Avenue and Middleton Street in conjunction with the development of Plans 40M-1511 and
40M- 1526, which serves, at least in part, the lands in the plan of subdivision.
11
SPECIAL PROVISION REOUIRJ~D BY THE REGIONAL MUNICIPALITY OF DURHAM
The section set out in this Schedule represents a provision not affecting the Town but required to
be inserted in this Agreement by the conditions of draft approval dated September 22, 1989, of
Draft Plan 18%89023 by the Commissioner of Planning of the Regional Municipality of
Durham.
o
MI]~ISTRY OF THE ENVIRONMENT ("M.O.E.")
M.O.E. requires that the Owner insert the following clause in the Agreement of Purchase and
Sale for each lot in the development:
"Purchasers are advised that due to the proximity of the Brock West Landfall Site, odours may
be of concern from time to time."
12
New Property identifiers
Onlario
SCH~D[E.~ B
Transfer/Deed of Land
Form 1 -- Lind Regt~retlon Reform Act, 1~4
[]
BIo~k ProDerty
A
(1) Regbtr,/ [] Page 1 of pages
(3)
(4) C~l~lt~n
Dollars
(~) De~pllo~ This is a: Pro~y Pro~dy
Division
(0) Thll (a) RedescrJption i (b) Schedule for: (7) Inleml/EiMle Tref~ewld
P~n/Sketch ~ ~ ~i~ion ~ Pa~ies ~ Other ~ ~
(8) Tr~e~ro~l) The transferor hareby tranlfem the land to the trenlfer~ and ce~lft~ that the transferor is It I~st eight~n y~m ol~ a~ thgt
Name(s) Signature(s)
>(g) Spouses) of Transferor(s) I hereby consent to this transaction
Date of Signature
Y M D
Date of Signature
Name(s) Signature(s) ¥ M
!
(lO) Trenatmor(a) Addt'~,s
for Service
D
1t) Trensteree(s) Date of Birth
Y M D
(12) Tr~IIMI) Addm~
~ ~lanni~ AC~. 1~. Date of Signatu~ ~ate o~ S}gn8ture
J JS~t IM Tz~tl~(~) I have ex~ai~ t~ ett~t et ~ti~ 4g of the Pl~nni~ Act 1~ to t~ ~s~t~or s~ I hsve m~ inquIrl~ et t~ t~nnsfer~
Date of Signature
Name and I Y ,' M i D
Address of , :
Signature '
Solicitor .......................................
(14) Solclt~ for Tmn~lemMs) I have investigated the title to this land and to abutting land where relevant and I em ~tisl~ that the title r~o~s
r~al ~ ~tre~ntlon as ~t ~t in su~lau~ 4g (21a) c ii of t~ P~nnl~ ~t, 1~ a~ that to the ~1 of my kn~ge and ~lief this
tr~s~r d~s not contravene ~cfi~ 49 of the Planning A~ 1 ~. I act i~e~tly of the ~licttor for t~ transf~or(s) andl am an On~Ho
Name ,~ O~te of S~nntu~
Signeture .......................... = ...... ) .... ',..
(15) ~ment flMI NW
of Property
>(16) Uunlcipet A(Mre~ of Property
(17) Document Pm~ar~l by:
¢.N. T~3'ch¥ Sheffield
~ of Picker~g
One ~e P. splanade
DickerLng, On~3.r io
· Llv 6K7
ToIM
I0173 (12/84)
Schedule
Fomt ~ -- Lind ReglMrMlofl Refmm A,~t, 1~4
Page
FAIonM property Idm~tll~s) md/or Other InlmmMIon
II4TEREST/ESTATE TRANSFERRED
The Transferor hereby transfers to the Transferee the free, uninterrupted and
unobstructed right and easement to construct, operate and maintain such storm
drainage works, together with any appurtenances thereto as may be required
from time to time in, under and across the lands herein described, together
with a right of the Transferee, its successors and assigns and its and their
servants, agents and workmen, with all necessary equipment, machinery and
vehicles to enter upon the lands at all times and to pass and repass thereon for
replacing (including replacement with storm drainage works of larger size and
capacity) and maintaining the storm drainage works or any part thereof or
appurtenances thereto to be constructed, reconstructed, examined, repaired,
renewed, replaced or maintained situate on the lands.
The Transferor covenants that it shall not erect any building or structure nor
place or remove any fill on or from any part of the lands without the express
written consent of the Transferee.
The Transferor hereby releases the Transferee from any claim which may arise
out of the exercise by the Transferee of the right and easement granted here-
by, or which may arise out of the existence or operation of the storm drainage
works, provided the Transferee fills in all excavations and as far as is practi-
cable restores the surface to the condition existing prior to any entry thereon
to exercise the right hereby granted.
The Transferor covenants that it shall execute such further assurances of the
right and easement granted hereby as may be required by the Transferee.
The burden of this Transfer and of all the covenants contained herein shall run
with the lands herein described.
This Transfer shall be binding upon and shall enure to the benefit of the
parties hereto and their respective successors and assigns.
LAND BENEFITED (DOMINANT TENEMENT)
The benefit of this Transfer and all of the covenants contained herein shall run
with all other lands and interests in land owned, occupied or used by the
Transferee, its successors and assigns for the purpose of operating and main-
taining storm drainage works,