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HomeMy WebLinkAboutBy-law 2549/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.2549/87 Being a by-law to authorize the execution of a Subdivision Agreement between 456055 Ontario Limited and The Corporation of the Town of Picketing, respecting Part Lot 95, Plan 350, Pickering (Draft Plan 18T-78019) WHEREAS, 456055 Ontario Limited proposes to subdivide and register a plan of sub- division of Part Lot 95, Plan 350, Pickering; and WHEREAS, that proposal has been approved by the Council of The Corporation of the Town of Picketing and the Ministry of Housing, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement between 456055 Ontario Limited and The Corporation of the Town of Pickering; 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, between 456055 Ontario Limited and The Corporation of the Town of Picketing, respecting Lot 95, Plan 350, Pickering (Draft Plan 18T-78019) BY-LAW read a first, second and third time and finally passed this 4th day of August, 1987. n E. And~rs~,'Mayor SCHEDULE A THIS AGREEMENT made this 4th day of August, 1987. BETWEEN: 456055 ONTARIO LIMITED hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS, the Owner proposes to subdivide part of Lot 95, Plan 350, in the Town of Pick.ring in the Regional Municipality of Durham, and to register a plan of subdivi- sion of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-78019; and 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 as follows: LAND AFFECTED The lands affected by this inclusive, Plan 40M- Agreement (the "Lands") are Lots 1 to 6, both 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 (D Whenever in this Agreement the word "Owner", or "Encumbrancer" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedule A 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 as 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. (z) 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. 10. STORM DRAINAGE The Owner shall construct a complete storm drainage 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 up- stream 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. (z) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the aforementioned lands outside the plan of subdivision, which in the opinion of the Director of Public Works, wil! require its use as a trunk outlet. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- sion, the Owner may be required to carry out such works as are neces- sary to provide an adequate outlet. (4) The Town may connect or authorize system but such connection shall not system by the Town. connection into any part of the constitute acceptance of the sewer (s) No connection under subsection 4, above, shall thorized prior to preliminary acceptance of the Town, except in an emergency. be undertaken or au- sewer system by the 2 11. ROADS - ROUGH GRADE (D 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 allowance shown on the plan of subdivi- sion. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 12. ROADS - PAVED The Owner shall construct the road shown on the plan of subdivision, according to the Town's specifications for paved roads of the Town in effect at the date hereof. (2) The specifications for boulevard grading and sodding shall apply to Rosebank Road adjacent to the plan of subdivision. (3) 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. (4) The Owner shall erect and maintain adequate signs to warn all persons using the road in the plan that the maintenance of it has not been assumed by the Town from the time it is opened until formal assumption by the Town. (5) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS (D The Owner shall construct curbs and gutters on the road to be con- structed pursuant to section 12, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (2) 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 each case prior to the occupancy of any dwelling unit on any lot adjacent to that segment, despite the provisions of section I of Schedule A: (a) (b) (c) on the west 'side of Rosebank Road adjacent to Lots 1 and 2; on the east side of Dahlia Crescent adjacent to Lots 5 and 6; on the west side of Dahlia Crescent adjacent to Lots 3 and 4. (2) ,The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot in the plan, it shall be provided underground and in accordance with the standards and specifications of Pickering Hydro-Electric Commission, Picker- ing Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (1) The Owner shall install street lights, including poles and other necessary appurtenances, on Dahlia Crescent and shall upgrade the street lighting adjacent to the plan on Rosebank Road. (z) Electrical service for street lighting shall be provided underground and not aboveground. 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 Hydro-Electric Commission. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $210 as an engineering drawing inspection fee. (z) All works ~equired 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 herein, the Owner shall supply the Town with a Liability Insurance Policy in a form satisfactory to the Town, naming the Town as an insured and indemnifying 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 shall 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 shall be the responsibility of the Owner to notify the Town of the 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 (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 perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; (z) (3) (4) (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 · 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. 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 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 pay- ment into court; and (c) seventeen per cent (17%) of the original value where, (i) ( ii ) (iii) a certificate of final completion has been made by the Owner's Consulting Engineer; 45 days following the making of such certificate have expired; and 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 the 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. (2) (3) (4) (5) (6) 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. 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. 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. If, 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 be neces- sary to correct such problems. The Owner shall sod the front, side and rear yards of each of the res- idential lot~ except for paved, planted or treed areas, upon the com- pletion 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 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. (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 be calculated by the Director of Public Works whose decision shall be final. (4) 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 thc T;~.::, 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. 22. DEDICATIONS The Owner shall dedicate Dahlia Crescent as public highway upon the registra- tion of the plan. 6 23. TRANSFERS- CONVEYANCES (1) 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 Blocks 7 and 8 (Dahlia Crescent reserves). 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 (D 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 within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (z) 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. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Pavin~ 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 (i). (iii) That there shall be no burning cf refuse or debris upon its lands or any public lands. (d) 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. 7 (e) Relocation of Services (i) (ii) 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. 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. (f) Specifications Unless otherwise provided, to perform any work under this Agreement to the specifications of the date hereof. (g) Temporary Signs required to be done Town in effect at the 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. (h) Permanent ,Signs 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. (i) Engineering Drawings (j) 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. Snow Plowing & Sanding of Roads (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 such occupied buildings to exist- ing Town roads or to subdivision roads that receive the 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. (k) 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 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 permit. 8 (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (4) (i) 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. The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 27. HOUSING UNITS In the event that, more or less than 6 housing units are to be constructed in the plan, an amendment to this Agreement shall be required. 28. DESIGN PLANNING (D (a) 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 architectural design objectives for the subdivision, which approval shall not be unreasonably withheld. (b) This report may be required, at the Director's option, to provide the following information: (i) (~) (iii) (iv) (v) (vi) (vii) house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and any other data or information required. (z) (a) 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. (b) These plans and drawings may be required, at the Director's option, to provide the following information: (i) (ii) (iii) (iv) (vi) 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, inch,ding trees to be preserved; streetscape for front and rear elevation at a scale accept- able to the Director; streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information required. 9 29. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of: (a) $2,000 per unit if paid in 1987; (b) $2,500 per unit if paid in January, February, March, April, May, June or July, 1988; or (c) $2,750 per unit if paid after July, 1988; 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) Payments of such levies shall be made to the Town from time to time as building permits are required. (4) 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.- (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 $16,500 as security for the payments referred to in section 29 hereof. 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) Local Improvements Prior to the release of the plan for registration, to prepay any outstand- ing local improvement charges which are levied against any of the lands in the plan of subdivision. (c) 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. (d) 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. 10 (e) 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 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. 33. PROVISION OF PARKLAND The Owner shall pay to the Town, prior to the registration of the plan, the sum of $7,350, in full satisfaction of the Owner's obligation to provide parkland for this plan. 34. LANDSCAPE PLANNING The Owner shall, prior to the issuance of building permits for any of the units to be erected on the lands, submit a landscaping plan for all of the lots on the plan to the Town for approval. Upon approval by the Town of a landscaping plan, the Owner shall con- struct, install or plant the landscaping works, as the case may be, in conformance with the landscaping plan according to the time limits set out in Schedule A. 35. TREE PLANTING The Owner shall plant on road allowances within or adjacent to the plan, 6 trees of a size and type acceptable to the Town. (z) 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 6 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. 11 36. TREE PRESERVATION (1) The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved. (z) 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 Director; such replacement shall be at no cost to the Town. (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 WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED 456055 ONTARIO LIMITED Silvio Tachella, President THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk 12 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of section 14 of this Agreement, the Owner shall com- plete the works required under this Agreement within two years from the date of the registration of the plan of subdivision, and shall guarantee the workman- ship 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. 2. TEMPORARY TURNING CIRCLES (D Notwithstanding the provisions of sections ll, 12, and 13 of this Agree- ment, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on Dahlia Crescent immediately north of Block 7 or immediately south of Block 8. (2) The Owner shall remove, at its sole expense and to the Town's specifica- tions, 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 circles 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 any turning circle, at his sole discretion, if that sequence does not warrant it. 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. CASH-IN-LIEU OF SERVICES - ROSEBANK ROAD In lieu of the construction of curbs and gutters on Rosebank Road adjacent to the plan, the Owner shall pay to the Town, prior to the registration of the plan, the sum of $2,163.27 in cash or by certified cheque. 5. CONSTRUCTION STAGING (1) The Owner shall develop the plan of subdivision in two construction stages, as shown on Map I, attached hereto. (2) The time limits for the completion of Stage 1 services shall run from the date of registration of the plan. (3) The time limits for the completion of Stage 2 services shall run from the date of passage of the by-law dedicating Block 7, Block 8, or both, whichever occurs first. (4) Despite the provisions of section 1 of this Schedule, the provisions of the sections set out in the following Table shall be applicable to both Con- struction Stages but shall only be implemented with respect to any Stage upon the commencement of development of that Stage: Table Sections 10, 14, 16, 19, 20, 25(a) to 25(k) inclusive, 35 A-1 6. COMPLETION OF SERVICES - PLAN M-1128 (D Upon completion by others of the aboveground and belowground services in Plan M-1128 in accordance with the Town's approved plans therefor, the Owner shall pay to the Town, 50% of the costs of such completion in excess of $16,000. (2) For the purposes of sections lg and 21 of this Agreement, the works referred to in subsection (1) shall be deemed not to be, (a) "works provided for herein" (section 19), or (b) "work in connection with this Agreement~ (section 21). A-2 MAP I CONSTRUCTION STAGING ...... LZ..':7 Sca~e J 500 Ontario Ministry of Housing I1,.. ~,~,,~ ,*', ~ ' ' Plans Administration Division ~u. ,~,, · ,~6 Wellesley St West ,l~" ~ ~-~ ~' To~t~, Ontario Ju.e :'7,].978 Ontario T,and Surveyors 310 Painted Post Drive Scarborough, Ontario M1G 2M3 Dear Sirs: SUBJECT: Town of Pickering Pt. of S½ of Lot 95 RP. %350 Our File No: 18T-78019 Owner: Mrs. Gabriella Tachella Tel: (416) 884-8009 The above draft plan has been approved subject to the amendments and conditions noted on Page 2. A copy, endorsed to this effect and signed by the Minister, is enclosed. When the survey has been completed and the final plan prepared; the following should be forwarded to this Ministry: (a) the original linen (b) three mylar copies (c) one opaque linen (d) three white paper prints Under section 33(12a) of The Planning Act, if this plan is not given final approval by the Minister within three years of the date o~ this letter, the draft approval shall lapse. However, the Minister may, on request, extend the period of the draft approval. Yours truly, Subdivisions Branch Encl. cc: Owner Reg. Pl. Dept. Town P1./~ept. Clerk~/ M.O .E M.N.R M.T.R.C .A Sep. School Bd. County School Bd. M.T .C 1151 June 27,1978 File No. 18T-78019 The Minister's conditions and amendments applying to the approval of the final plan for registration of the subject subdivision are as follows:- No. Conditions 1. That this approval applies to the draft plan, drawing number 78-33, by D. H. Black, Ontario Land Surveyor, dated March 7, 1978, as revised in red to show a total of 6 single family detached dwellings. That the road allowances included in this draft plan of subdivision shall be dedicated as public highways. That the street shall be named to the satisfaction of the municipality. That the owner conveys land in the amount of 5% of the land included in the plan to the municipality for park purposes pursuant to the provisions of section 33(5) (a) of The Planning Act. Alternatively, the municipality may accept cash in lieu of the said conveyance and, under the provisions of section 33(8) of The Planning Act, the municipality is hereby authorized to do so. That any dead ends and open sides of road allowances created by this plan of subdivision shall be terminated in one-foot reserves, to be conveyed to the municipality and held in trust by the municipality until required for future road allowances or the development of adjacent land. This shall include the one foot reserve shown in red on the draft approved plan. That prior to the signing of the final plan by the Minister, we are to be advised that any necessary amendment to the restricted area by-law has been approved by the Ontario Municipal Board. That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. That the owner agrees in writing to satisfy all the requirements, financial and otherwise, of the Town of Pickerlng concerning the provision of roads, installation of services and drainage. (Cont'd) June 27,1978 ~-~ -" File No. 18T-78019 No. Conditions Continued 13. 14. 15. That a temporary turning circle at the south end of Street A be provided to the satisfaction of the Town of Picketing. That prior to final approval of lots 1 to 4 the Town be assured that these lots will have access by public highway. This shall also reguire lifting of the one foot reserve imposed as a condition of approval on our file 18T-76060. That the plan be phased to the satisfaction of the Town of Picketing and the Regional Municipality of Durham. That the owner agrees in writing to satisfy all the requirements, financial and otherwise, of the Regional Municipality of Durham. That prior to final approval water and sewage treat- ment capacity be allocated to service this proposal. That prior to the signing of the final plan by the Minister, we are to be advised by the Town of Pickering that conditions 2 to 11 inclusive have been carried out to their satisfaction. The clearance letter from the municipality shall include a brief statement for each condition detailing how each has been satisfied and carried out. That prior to the signing of the final plan by the Minister, we are to be advised by the Regional Municipality of Durham that conditions 3, 7, 11, 12 and 13 have been carried out to their satisfaction. The clearance letter from the municipality shall include a brief statement for each condition detailing how each has been satisfied and carried out. NOTES: 1. Conveying (a) As the land mentioned above to be conveyed to the municipal corporation can be more easily be described in the conveyance by reference to a Registered Plan than by "metes and bounds", we suggest that the description be so worded; and (Cont'd) June 27,1978 File No. 18T-78019 NOTES CONTINUED: (b) We further suggest that the owner give to the municipality an undertaking to deposit with the clerk a properly executed copy of the con- veyance concurrent with the registration of the plan. Lands Required to be Registered under The Land Titles Act We suggest that you make yourself aware of section 160a(1) of The Land Titles Act, which requires all new plans registered in a land titles division to be registered under the land titles system and of section 160a(2) which allows certain exceptions. Registration of Subdivision Agreement It is suggested that the municipality, for their own protection against possible future liability, and notice to prospective purchasers, register the subdivision agreement against the land to which it applies as provided by section 33(6) of The Planning Act. Lapsing of draft approval If final approval is not given to this plan within three years of the date of draft approval, the draft approval shall lapse pursuant to section 33(12a) of The Planning Act. DR;irT P~AN Ol~ SUBDIVISION ON ROSEB;%NK ROAD FILE NUMBER B 4100 18T-78019 That Draft Plan of Subdivision 18T-78019 by Tachella with respect to lands known as Part Lot 95, Registered Plan 350 on the west side of Rosebank ~oad be APPROVED subject to the following a) Changes in red as shown on the Plan stamped approved this date. and water capacity for the development c) Satisfactory arrangements with Council wi~h respect to the required parkland dedication. Satisfactory arrangements with the Town of Picketing Department of Public Works with respect %o drainage and storm sewerage. e) That the applicant obtain the approval of the Co~ittee of Adjustment for the proposed lot f~on~age of hot 5. f) Satisfac%oz7 subdivision agreement to be e~tma~ into between the Town of Picketing and the owner. g) Satisfactory arrangement with the appropriate .authorities with respect to underground wiring, street lighting and cable television sO,vice, etc. h) Satisfactory arrangement with Town Council and Regional Council with respect to the provision of all se~ices. i) O~ner agrees to dedicate the following ~o the ~ and other appropriate suthcritlel~ i. Street "A"'as a 66 feet road all.&noel ii. One foot reserve shown as Block A ~ iii. Easement as required to the satisfaction of the Town of Picketing and/or the Region of Durham. j) Owner agrees to. provide a temporary turning circle at the south end of street 'A" to the satisfaction of the Town of Picketing Works Department. k) That Street "A" be named to the satisfaction of the Town of Pickering. 1) That the following one-foot reserve be lifted before development proceeds: i. Block "A" of Draft Plan of Subdivision 18T-76070. m) Registration of the Draft Plan of Subdivision and construction occurring within 18 months of Draft Approval of the subject Plan of Subdivision. n) The submission for approval of site plans and streetscape elevations,showing the location and relationship of all buildings prior to the issuance of any building permits.