HomeMy WebLinkAboutBy-law 2522/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2522/87
Being a by-law to authorize the execution of a
Subdivision Agreement respecting part Lots 29
and 30, Range 3, B.F.C., Picketing (Draft Plan
18T-85023; Sandbury Building Corporation).
WHEREAS a proposal to subdivide and register a plan of subdivision of part of Lots
29 and 30, Range 3, B.F.C., Picketing has been approved by the Council of The
Corporation of the Town of Picketing and the Ontario Municipal Board subject to
several conditions, one of which requires the entering into of a satisfactory subdivi-
sion agreement with The Corporation of the Town of Picketing;
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 Agree-
ment, in the form attached hereto as Schedule A, respecting part Lots 29 and
30, Range 3, B.F.C., Picketing (Draft Plan 18T-85023; Sandbury Building
Corporation).
BY-LAW read a first, second and third time and finally passed this 29th day of June,
1987.
Bruce Taylor, Cler,~
SCHEDULE A
TillS AGREEMENT made this 15th day of June, 1987.
BETWEEN:
SANDBURY BUILDING CORPORATION
hereinafter called the "Owner"
OF TIlE FIRST PART,
and -
TIlE CORPORATION OF TilE TOWN OF PICKERING
hereinafter called the "Town"
OF TIlE SECOND PART,
- and -
TIlE TORONTO-DOMINION BANK
and
ERNEST L. STROUD
hereinafter collectively called the "Encumbrancer"
OF TIlE TIIIRD PART.
WliEREAS, the Owner and the Town propose to subdivide part of Lots 29 and 30,
Range 3, Broken Front Concession, in the Town of Pickering in the Regional Munic-
ipality of Durham, and with the consent of the Encumbrancer to register a plan of
subdivision of those lands, as shown on a draft plan of subdivision designated as
DraIt Plan Number 18T-85023;
NOW TIIEREFORE, TIIIS AGREEMENT WITNESSETll, that in conAideration of the Town
approving the proposed plan of subdivision, and the covenants hereinafter expressed,
the Parties hereto covenant and agree one with the other as follows:
LAND AFFECTED
The lands affected by this Agreement (the "Lands")
inclusive, and Blocks 54, §6 and 58, Plan 40M-
are Lots 1 to 53, both
, Pick?ring.
2. CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before December
31, 1987, 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.
NOTICE
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 as of the second day immediately following the date of the deposit
thereof in the Post Office.
4. INTERPRETATION
(1)
Whenever in this Agreement the word "Owner", or "Encumbrancer" and
the pronoun wit" is used, it shall be read and construed as "Owner or
Owners", "Encumbrancer or Encumbrancers" and "his", "her" or "them",
respectively, and the number of the verb agreeing therewith shall be
construed accordingly.
(2) Schedules A, B and C attached hereto shall form part of this Agreement.
TIME
Time shall be of the essence of this Agreement.
BINDING PARTIES
This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
7. LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the Lands,
or any part thereof, to enter upon the Lands in order to comply with the
provisions of this Agreement.
8. OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good workmanlike man-
ner. for the Town, all the municipal services as hereinafter set forth to the
satisfaction of the Town of Picketing, and shall complete, perform or make
payment for such other matters aa may be provided for herein.
9. CONSULTING ENGINEERS
(1)
The Owner shall retain a Professional Engineer as the Consulting Engineer
of the Owner to carry out all the necessary engineering and to supervise
generally the work required to be done for the development of the plan of
subdivision.
(2)
Such Consulting Engineer, or any successor theretd, shall continue to be
retained until the work provided for in this Agreen~ent is completed and
formally accepted by the Town.
10.
STORM DRAINAGE
(i)
The Owner shall construct a complete storm water drainage and manage-
ment system, including storm connections to the street line and catch
basin leads to service all the lands in the plan of subdivision and to
provide capacity for lands upstream of 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
it is formally accepted by the Town.
(2)
Such system shall be constructed to an outlet or outlets according to
designs approved by the Director of Public Works and shall be ot suffi-
cient size and depth and at locations either within or outside the lands
affected hereby to service the plan of subdivision an~ the aforementioned
lands outside the plan of subdivision, which in the opinion of the Director
of Public Works, will require its use as a trunk outlet.
(3)
(4)
(5)
Should, in the opinion of the Director of Public Works, an inadequate
stream or structure exist in the outlet system outside the plan of sQbdivi-
sion, the Owner may be required to carry out such works as are neces-
sary to provide an adequate outlet.
The Town may connect or authorize connection into any part of the
system but such connection shall not constitute acceptance of the sewer
system by the Town.
Ho connection under subsection 4, above, shall be undertaken or au-
thorized prior to preliminary acceptance of the sewer system by the
Town, except in an emergency.
11. ROADS - ROUGH GRADE
(1)
Prior to the installation or construction of the municipal services provided
for herein, the Owner shall rough grade to the Town's specifications to
the full width, the proposed road allowances shown on the plan of subdi-
vision.
(2)
The Owner shall keep all boulevards
obstructions which might interfere with
phone, gas or other utilities.
clear and free of materials and
the installation of electric, tele-
12. ROADS - PAVED
(1)
The Owner shall construct the roads shown on the plan of subdivision,
and reconstruct the north boulevard of Kingston Road adjacent to the
plan, according to the Town's specifications for paved roads of the Town
in effect at the date hereof.
Until assumption by the Town, the Owner shall maintain and repair roads
both within and outside the plan of subdivision 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.
(3)
The Owner shall erect and maintain adequate signs to warn all persons
using the roads in the plan that the maintenance of them has not been
assumed by the Town from the time that they are opened until formal
assumption by the Town.
(4)
Such signs and the location thereof are subject t~o the approval of the
Town's Director of Public Works.
13. CURBS & GUTTERS
(i)
The Owner shall construct curbs and gutters on the roads to be con-
structed or reconstructed pursuant to aection 12, according to the speci-
fications of the Town in effect at the date hereof and shall maintain them
until they are formally accepted by the Town.
(z)
If any curb depressions are not located correctly with respect to a drive-
way, the Owner shall construct a curb depression in the correct location
and fill in the original curb depression according to the specifications.
14.
SIDEWALKS
(1) The Owner shall construct the following segments of sidewalk in accor-
dance with the time limits set out in section 1 of Schedule At
(a)
(b)
(c)
adjacent to Block 59 on the north-east side of Steeple t1111;
adjacent to Block 56 on the south-west side of Steeple Ilill; and
adjacent to Block 61 on the north side of Kingston Road.
(2)
The Owner shall construct the following segments of sidewalk, in each
case prior to the occupancy of any dwelling unit on any lot adjacent to
that segment, despite the provisions of section 1 of Schedule A:
(a)
(b)
(c)
(d)
(e)
The Owner shall maintain
cepted by the Town.
adjacent to Lots 1 to 9 on the north side of Rainy Day Drive;
adjacent to Lots 10 to 14 on the north-east side of Rainy Day
Drive and on the north side of Steeple Hill;
adjacent to Lots 19 to 27 on the north side of Steeple tlill;
adjacent to Lots :~8 to 36 on the south side of Steeple Hill;
adjacent to Block 60 and Lots 47 to 53 on the south and west
sides of Lightfoot Place.
each sidewalk segment until it is formally ac-
15.
ELECTRICAL SERVICES
Where electricity, cable television service or telephone service Is to be provided
to any lot or block in the plan, it shall be provided underground and in accor-
dance with the standards and specifications of Pickering Ilydro-Electrlc Commis-
sion, Pickering Cable T.V. Limited or Bell Canada, as the case may be.
16. STREET LIGttTING
(i)
The Owner shall install street lights, including poles and other necessary
appurtenances, on each proposed street in the plan and shall upgrade
street lighting on the north side of Kingston Road adjacent to the plan.
(2) Electrical service for street lighting shall be provided underground and
not aboveground.
(3)
Street lighting and its related electrical service shall be designed and
installed in accordance with standards established by the Town and in
conformity with the Association of Municipal Electrical Utilities Guide to
Municipal Standard Construction.
(4)
The installation of street lighting and its related services shall be under
the supervision and inspection of Pickering llydro-Electric Commission.
17. INSPECTIONS
(1)
Prior to the registration of the plan, the Owner shall pay to the Town
the sum of $1,855 ae an engineering drawing inspection fee.
All works required to be constructed by the Owner, except those re-
ferred to in sections 15 and 16 shall be installed under the observation of
Inspectors employed 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 adminis-
tration fees.
18. LIABILITY INSURANCE
(i)
Before commencing any of the work provided for here, in, the Owner shall
supply the Town with a Liability Insurance Policy in 'form satisfactory to
the Town. naming the Town as an insured and indemnifying tbs 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.
4
(~.)
(~)
(4)
The amount of the Policy shall be $5,000,000.
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,
It shall be the responsibility of the Owner to notify the Town of tbs
dates for the renewal of the premium of the said policy and to supply
proof that the premium of the said policy has been paid in order that the
protection provided by the Liability Insurance Policy shall not lapse.
19.
PERFORMANCE & MAINTENANCE GUARANTEE
(l)
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 perfor-
mance of the works{
(b)
guaranteeing the payment of any amounts payable to the Town
under section 17 of 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
7. years from the date that the works are completed and such
completion acknowledged, in writing, by the Director of Public
Works.
(~.)
The Owner may, at any time after the first 50%. in value, of works have
been constructed, installed or performed, and paid for, apply for a
reduction in the security and such application shall be made to the Town
Treasurer.
(3)
Upon written verification from the Director of Public Works that the
construction, installation or performance of the works for which reduction
is being sought have been satisfactorily completed ahd paid for. the Town
Manager may reduce the amount of the security t6 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 pay-
ment into court{
and
(c) seventeen per cent (17%) of the original value where,
(i) a certificate of final completion has been made by the
Ownerts Consulting Engineer{
5
(4)
(ii) 45 days following the making of such certificate 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 pay-
ment into court{
which seventeen per cent (17%) portion shall secure the guarantee of
works, workmanship and materials, 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 in subsection 1, the Town Manager or the Town
Treasurer shall provide to the Owner any necessary assurance to effect
the reduction.
20.
DRAINAGE - SODDING
(1)
The Owner shall provide tim Town, before commencing any of the work
provided for herein and prior 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.
The Grading Control Plan shall be prepared in accordance with the
Town's Lot Drainage Specifications in effect at the date of this Agree-
ment, and shall not provide for the drainage of surface run-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 suit-
able swales and catch basins to manage adequately, in the opinion of the
Town's Director of Parks and Recreation, that surface run-off water.
(3)
The Grading Control Plan is subject to the approval of the Town's Direc-
tors of Public Works and Parks and Recreation 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)
If, in the opinion of the Director of Poblic Worlts, 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 be neces-
sary to correct such problems.
(6)
The Owner shall sod the front, aide and rear yards of each of the res-
idential lots and blocks except for paved, planted or treed areas, upon
the completion of the construction of buildings thereon.
21. 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 be completed
within the specified time, or is improperly 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 as defective or unsuitable, or shall the Owner in
any other manner, in the opinion of the Director of Public Works, make
default in performance of the terms of this Agreement, then in any such
(3)
(4)
case. the said Director of Public Works shall promptly notify the Owner
and his surety in writing of such default or neglect and if such notifica-
tion be 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 shall be required for the proper completion of the said
work at the cost and expense of the Owner or his surety, or both.
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.
The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
It is understood and agreed that such costs shall include a management
fee of twenty per cent (20%) of the labour and material value, and fur-
ther. 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 ts one of the
considerations, without which the Town would not have executed this
Agreement.
22.
DEDICATIONS
The Owner shall dedicate l,ightfoot Place and Rainy Day Drive, and the Town
shall dedicate Steeple Hill as public highways upon the registration of the plan.
23. TRANSFERS - CONVEYANCES
(i)
The Owner shall convey to the Town, free and clear of all encumbrances
and at no cost to the Town, upon the registration of the plan or within
the 30 days immediately following the registration thereof, ali of,
(a)
(b)
Block 57 (walkway);
Block 60 (Lightfoot Place reserve).
(z)
Notwithstanding the provisions of subsection (1). above, a transfer
required therein shall not be deemed to be subject to an encumbrance if
that encumbrance relates in any way to the existence or maintenance of a
public utility in operation as of the date of this Agreement.
24.
TRANSFERS - EASEMENTS
(i)
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 shall
deem necessary for the provision of storm sewer services both witt~in the
boundaries of the plan of subdivision and across lan~ls adjacent thereto
but outside its boundaries.
Such easements shall be subject to the approval of the Director of Public
Works or his designate as to their location and width.
(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.
7
25. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town~
(a) Pavinl~ ~of Driveway Approaches
To pave all driveway approaches between the curb and sidewalk, or,
where no sidewalk is to be provided, between the curb and the lot line.
(b) Continuation of Existin{{ Services
Where the construction of services herein involves a continuation to
existing services, to join into the same, including adjustment of grades
where necessary, in a good and workmanlike manner.
(c) Public Lands - Fill & Debris
(i)
Neither to dump nor to permit to be dumped, any fill or debris
on, nor to remove or permit to be removed, any fill from any
public 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 acknowledgement from
such authority of the Owner's compliance with the terms of sub-
clause (1).
(iii)
That there shall be no burning of refuse or debris upon its lands
or any public lands.
(d) Construction Traffic
Wherever possible, to ensure that construction traffic serving the devel-
opment of this plan does not use roads, in this plan or adjacent plans,
having occupied residential units fronting thereon.
(e) Qualitative or Quantitative 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 required by this Agreement, and the cost of
such tests shall be paid by the Owner within 30 days of the account
being rendered by the Town.
(f) Relocation of Services
(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.
(g) Specifications
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.
(b)
Temporary St{{ns
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 be designa-
ted by the Director of Public Works.
(J)
Permanent Si[~ns
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 designa-
ted by the Director of Public Works.
Engineering Drawings
Prior to the final acceptance of the subdivision) to supply the Town with
the original drawings of the engineering works for the plan of subdivi-
sion, with amendments, if any, noted thereon.
(k) Snow Plowin[~ & Sandin[~ of Roads
(1)
(i)
If. in the opinion of the Director of Public Works, the condition
of the road surface is not acceptable for winter control, to snow
plow and sand such roads from sucl~ occupied buildings to exist-
ing Town roads or to subdivision roads that receive tbe Town's
winter control service, including alternate means of access where
available.
(ii)
Such snow plowing and sanding shall be done from time to time
when the Director of Public Works deems conditions warrant and
until such time as the roads are acceptable to the Director of
Public Works for winter control.
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 iron bars
as shown on the registered plan, and survey monuments at all block
corners, the ends of all curves, other than corner roundings and all
points of change in direction of streets on the registered plan.
26. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
No building permit shall be issued for any building or part of a building
in the subdivision until sewer and water facilities are available, and in
the opinion of the Director of Public Works, capable of providing adequate
service.
(2) No building or part of a building in the subdivision shall be occupied
except upon the issuance of a municipal occupancy l{ermit.
(3)
No application for a municipal occupancy permit for a building or part of
a building shall be made except upon the following conditions:
(l)
Storm sewer, sanitary sewer and water facilities are installed and
in operation to adequately serve such building or part thereof{
(ii) Electric service is completed and in operation{ .
(iii)
An asphalt base has been laid on the road immediately In front of
the building or part thereof and extended to an existing main-
tained public road{ and
(iv)
Such curbs, as in the opinion of the Director of Public Works,
are required to be completed prior to occupancy have been con-
structed on the said road and extend to an existing maintained
public road.
(4)
The Owner shall maintain vehicular access to all occupied buildings in the
plan of subdivision until the roads are formally assumed by the Town.
9
27. DWEI,LING UNITS
In the event that more or less than 53 dwelling units are to be constructed in
the plan, an amendment to this Agreement shall be required.
28. DESIGN PLANNING
(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
Director of Planning, for approval, a report outlining siting and architec-
tural 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 Direc-
tor's option, to provide the following information:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
house massing;
streetscape {
exterior materials and coloursl
architectural stylel
visual variety {
energy conservation measures{ and
any other data or information 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, site plans and architectural drawings for that
unit, which approval shall not be unreasonably 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)
(f)
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 pre-
served;
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 required.
29. FINANCIAL PAYMENTS
(1) The Owner shall pay to the Town a unit levy in the amount of:
(a)
(b)
(c)
$2,000 per unit if paid in 1987{
$2,500 per unit if paid in January, February, March, April, May.
June or July. 1988{ or
$2.750 per unit if paid after July. 19881
for each dwelling unit to be erected in the Plan, each payment to be made
when the building permit for the unit is issued.
(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)
(4)
Payments of such levies shall be made to the Town from time to time as
building permits are required.
In any event, the Owner shall pay all levies due under the provisions of
this section in full, no later than 18 months from the date of registration
of the plan.
10
(5)
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.
30. FINANCIAL SECURITY
The Owner shall, immediately prior to the registration of the plan, deposit with
the Town, a security payable to the Town. in a form satisfactory to the Town,
for the sum of $145,750 as security for the payments referred to in section 29
Ilereof.
31. GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands included in the plan of subdivi-
sion. as required by law from time to time.
(b) Interest
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) Registration Fees
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 documen-
tation, including transfers, in the Land Titles Office.
(d) Lien or Other Claims
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 in connection with such work done or material
supplied for or on behalf of the Owner in connection with the subdivi-
sion, 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.
32. EXPIRY OF SECURITIES
(1)
Should any security required to be. given under the terms of this Agree-
ment expire during the currency of the Agreement, the Owner 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 th~ 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' [urther security'.
PROVISION OF PARKLAND
The Owner shall convey to the Town, free and clear of all encumbrances and at
no cost to the Town, upon the registration of the plan or,within the 30 days
immediately following the registration thereof, all of Block 55 to satisfy the
Owner's obligation to provide parkland for this plan and for Plan 40M~1437.
34.
FENCING
(l)
The Owner shall erect, prior to the commencement of the development of
any of Lots 47 to 53, a permanent 1.8 metre high wood privacy fence
along the westerly boundary of those lots and along the southerly bound-
aries or'Lot 47, Block 60 and Block 57.
Prior to the occupancy of any dwelling unit on any of Lots 36 and 46 in
this plan and Lots 106 and 107, Plan 40M-1437, the Owner shall erect a
permanent, galvanized, 0.05 metre 9 gauge mesh chain link fence,
(a)
1.8 metres high, along the boundary of Block 55 adjacent to Lots
36 to 45 in this plan and Lots 106 and 107, Plan 40M-1437, and
(b) 1.2 metres high, along the boundary of Block 55 adjacent to
Blocks 54, 56 and 61.
(3)
The permanent fencing required to be constructed pursuant to sub-
sections (1) and (2) shall be constructed so as to meet or exceed the
requirements for swimming pool enclosures as set out in Part II of the
Town's By-Law 42§/76, as amended from time to time, or any successor
thereto.
35. TREE PLANTING
(1)
The Owner shall plant on road allowances within or adjacent to the plan,
§3 trees of a size and type acceptable to the Town.
A schedule of the Owner's tree planting scheme shall 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
boulevard into which they are to be planted is sodded.
(4)
If the density is too great to enable 53 trees to be planted, the Owner
shall pay to the Town $100 for every tree which cannot be planted for
tree planting in a public land area within the community in which the plan
is located.
36. TREE PRESERVATION
(1)
The Owner shall retain, at its own expense, a qualified expert to prepare
a Tree Preservation Program indicating which e~isting trees shall be
preserved.
(2)
The Program shall be submitted to the Director of Planning for review
and approval, and, once approved, shall be implemented as approved
only,
(3)
In determining whether or not to approve the Program, the Director shall
be governed 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 com-
mence, nor allow to be commenced, any aspect of the development of the
lands in the plan, including the removal of any trees.
(5)
In the event that any tree required to be preserved by the approved
Tree Preservation Program is removed or is. in the opinion of the Town's
Director of Parks and Recreation. damaged to such an extent that its
value or longevity is decreased or is likely to be decreased, then the
Owner shall replace that tree with a tree of a height., diameter and spe-
cies determined by the Directorl such replacement shall be at no cost to
the Town.
12
(6) The Owner's liability under subsection (5) shall continue until,
(a)
where the lands upon which the tree is located comprise a res-
Idential building lot, twelve months after the completion of the
sodding on the lot, or
(b)
where the lands upon which the tree is located comprise lands
other than a residential building lot, the expiry of the guarantee
period referred to in section 1 of Schedule A of this Agreement.
IN WITNESS WttEREOF, the Parties hereto have hereunto affixed their Corporate Seals
attested to by the hands of their authorized officers.
SIGNED, SEALED & DELIVERED
SANDBURY BUILDING CORPORATION
TIlE CORPORATION OF THE TOWN OF PICKERING
ENCUMBRANCER - TIIE TORONTO-DOMINION BANK
This Agreement shall have priority over and take precedence over all of the rights or
interests of The Toronto-Dominion Bank whether or not any such right or interest
was established or arose prior to the date hereof and whether or not such right or
interest is set out in or arises by virtue of any instrument or document registered on
title to the lands affected hereby, or any part of them, prior to' the registration of
this Agreement.
DATED at , , 1987.
SIGNED, SEALED & DELIVERED
TIlE TORONTO-DOMINION BANK
13
ENCUMBRANGER - ERNEST L. STROUD
This Agreement shall have priority over and take precedence over all of the rights or
interests of Ernest L. Stroud whether or not any such right or interest was
established or arose~prior to the date hereof and whether or not such right or inter-
est is set out in or arises by virtue of any instrument or document registered on title
to the lands affected hereby, or any part of them, prior to the registration of this
Agreement.
DATED at , , 1987.
SIGNED, SEALED & DELIVERED
In the presence of
Ernest L. Stroud
14
SCHEDULE A
1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
Subject to the provisions of sections 14(2) and 34 of this Agreement, the Owner
shall complete ~the works required under this Agreement within two years from
the date of the registration of the plan of subdivision, and shall guarantee the
workmanship and materials for a period of two years from the date that the said
works are approved in writing by the Director of Public Works, the Director of
Parks and Recreation, or the Director of Planning, as the case may be.
TEMPORARY TURNING CIRCLES
(1)
Notwithstanding the provisions of sections 12, 13 and 14 of this Agree-
ment, the Owner shall construct, at its sole expense and to the Town's
specifications, a temporary turning circle on Lightfoot Place, immediately
north of Block 60.
(2)
Further, the Owner shall remove, at its sole expense and to the Town's
specifications, any temporary turning circle located immediately adjacent
to the plan on a public highway to be extended by the Owner into the
plan, and shall replace any such circle with permanent services as if the
highway were a road in the plan.
(3)
As the temporary turning circle referred to in subsection (1) will be
required only if the sequence of construction in this plan and adjacent
plans warrants it, the Director of Public Works may waive the con-
struction of the turning circle, at his sole discretion, if that sequence
does not warrant it.
3. DEMOLITION OF EXISTING BUILDINGS
All buildings and structures on the lands comprising the plan of subdivision
shall be demolished by the Owner, at its sole expense, prior to the issuance of
any building permit.
4. FUTURE DEVELOPMENT BLOCK - BLOCK 56
(1)
Block 56 shall be held for future development and such development shall
not commence without the prior written approval of the Town whicb
approval may be granted subject to conditions, one of which may require
certain amendments to be made to this Agreement.
(2)
Until such time as Block 56 is developed in accordance herewith, the
Owner shall maintain it in a clean and orderly condition to the satisfaction
of the Town.
WALKWAY TREATMENT
(1) The Owner shall, at its expense, construct a concrete walkway according
to the Town'a specifications along Block 57 from its easterly end to the
sidewalk to be constructed on Lightfoot Place and shall install, at the
same time, vehicle barriers at each end thereof, all of which the Owner
shall maintain until formally accepted by the Town.
(2) Prior to the occupancy of any new dwelling unit on Lot 46, the Owner
shall erect a permanent privacy wood fence 1.8 metres high, along the
north side of the walkway referred to in subsection (1).
(3) .Section 34(3) of this Agreement shall apply to the fe~!cing required to be
erected by subsection (2).
A-1
6. STORM WATER MANAGEMENT/OPEN SPACE DEVELOPMENT
(D
Despite the generality of section 11 of this Agreement, the Owner shall
construct, at its expense, storm water detention facilities in Block 55 in
accordance with the Town's specifications and to the satisfaction of the
Town's Directors of Parks and Recreation and Public Works.
In constructing those facilities the Owner shall comply with all require-
ments of the Metropolitan Toronto and Region Conservation Authority and
shall be guided by the Town's Park Concept Plan for the site.
(3)
Any regraded areas of the site shall be sodded or otherwise planted to
ensure minimum erosion will occur.
(4)
Any construction or development or stabilization of the site not directly
related to the construction of storm water detention facilities or the
treatment of fill removed therefrom shall be undertaken by the Owner at
its expense in accordance with the Town's Park Concept Plan for the site.
(s)
The Owner shall provide, at its expense, sanitary sewer, water service
and electrical service connections to the Steeple Hill boundary of the site.
7. BLOCK 54/58 SETBACK
The Owner agrees that, notwithstanding any Zoning By-law provisions which
would permit it, parking (except parking for handicapped persons) shall be set
back 3 metres from the right-of-way presently located along Block 58 and the
westerly side of Block 54 for so long as the right-of-way exists or until the
owner of the right-of-way agrees otherwise.
CONTRIBUTION TO COST OF KINGSTON ROAD IMPROVEMENTS
Upon the completion by the Owner of the improvements to Kingston Road
required by section 12 (boulevard improvements), section 13 (curbs and gutters
and related road repairs), section 14 (sidewalk) and section 16 (street lighting)
of this Agreement, the Town shall pay to the Owner a ~um equal to 34.65% of
the Owner's cost thereof, or $83.000.00, whichever ia the lesser, being the
Town's share of that cost.
A-2
SGHEDULE B
l. SPECIAL PROVISIONS REOUIRED BY Tile ONTARIO MUNICIPAL BOARD
The sections set out in this Schedule represent provisions not affecting the
Town but req~/ired to be inserted in this Agreement by the conditions of draft
approval of Draft Plan 18T-85023 by the Ontario Municipal Board and these
sections are not intended to bind the Owner to the Town nor the Town to the
Owner in any manner whatsoever and are not to be construed as relating in any
way to any of the other provisions of this Agreement.
METROPOLITAN TORONTO & REGION CONSERVATION AUTItORITY
("M.T.R.C.A,")
The Owner shall carry out, or cause to be carried out to the satisfaction of
M.T.R.C.A.0 the recommendations referred to in the report required in Con-
dition 10(a) of the approval of this plan by the Ontario Municipal Board and to
obtain a permit for the works described in Condition 10(b) of that approval.
MINISTRY OF THE ENVIRONMENT
(l)
The Owner shall implement those noise control measures as recommended
in the acoustic report as required in Condition 11 of the approval of this
plan by the Ontario Municipal Board.
The Owner shall insert the following in the sales and purchase agreement
for those lots where a slight noise level excess remains:
Purchasers are advised that the inclusion of noise control features
within the development area and within the individual building
units, noise levels may continue to be of concern occasionally
interfering with some activities of the dwelling occupants.
B-1
SCHEDULE G
1. FUTURE CONTRIBUTIONS TO SHARED SERVICES COSTS
(1)
Within 60 days of the acknowledgement, by the Town's Director of Public
Works, o~ the completion of,
(a)
the storm sewer on Steeple itill adjacent to Block 59 aa provided
for in section 10 of this Agreement;
(b)
the road on Steeple Itill adjacent to Block 5% as provided for in
sections 11 and 12 of this Agreement~
(c) the curbs and gutters on Steeple Ilill ad]acent to Block 59, as
provided for in section 13 of this Agreement;
(d) the sidewalks on Steeple tti]! adjacent to Block 59, as provided
for in section 14 of this Agreement; and
(e) the street lighting on Steeple Illll adjacent to Block 59, as
provided for in section 16 of this Agreement,
the Owner's Consulting Engineer shall provide to the Town, in a form
satisfactory to the Town, a detailed summary of the actual cost, to the
Owner, of the storm sewer, road, curbs and gutters, sidewalks, and
street lighting on Steeple Ulll adjacent to Block 59.
(z)
Within 30 days of the receipt by the Town of the summary referred to in
subsection (1), in a form satisfactory to the Town, the Town Manager
shall determine and notify the Owner, in writing, of the following:
(a)
the area of the lands, if any, outside the plan of subdivision that
the said works shall be deemed to benefit (the "benefitting
lands") for the purposes of this section and the conditions, if
any, under which such lands shall continue to be benefitting
lands~
(b)
the portion of the Owner's actual cost, referred to in subsection
(1), that the Town shall deem to be applicable to the benefitting
lands (the "shared cost") for the purposes of this section; and
(c) the method or methods that shall be employed
shared coat to the benefitting lands,
and that determination shall be final.
to pro-rate the
(3)
In the event that the benefitting lands, or any part thereof, are to be
developed by plan of subdivision, plan of condominium or any other
method requiring a Development Agreement, then the Town shall
endeavour to enaure that the owner thereof pays to the Owner herein,
prior to the development of those lands, all or an appropriate portion of
the shared costa,
(a) calculated according to the method or methods referred to in
subsection (~-), and
(b)
adjusted annually, for a maximum of five years from the date of
notification referred to in subsection (2), according to the
Southam Construction Coat Index for Ontario, composite portion.
C-1
(4)
In consideration of the Town approving the plan of subdivision and enter-
ing into this Agreement with the section included, the Owner hereby,
(a) remiaea, releases and forever discharged, and
(b) agrees to indemnify and save harmless,
the Town, its officers and employees and their respective heirs, execu-
tors, administrators, successors and assigns, of and from all actions
causes or action, accounts, claims, debts, damages, demands and costs
associated therewith, arising, to arise or which may hereafter be brought
against them, or any of them, by or on behalf of the Owner, or any
other person, because of the provisions of this section or any error,
omission, failure or negligence in the application thereof.
(3-2