HomeMy WebLinkAboutBy-law 1028/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1028 /79
Being a By-Law to authorize the execution
of a Subdivision Agreement between the
Corporation of the Town of Pickering and
Bramalea Limited respecting Part Lot 30,
Range 1, Broken Front Concession, Picker-
ing (Draft Plan 18T-78050)
WHEREAS, Bramalea Limited proposes to subdivide and
register a plan of subdivision of Part Lot 30, Range 1,
Broken Front Concession, Pickering; and
WHEREAS, that proposal has been approved by the
Council of the Corporation of the Town of Pickering and
the Minister of Housing, subject to several conditions, one
of which requires the entering into of a satisfactory Sub-
division Agreement between Bramalea Limited and the Corpor-
ation of the Town of Pickering;
NOW THEREFORE, the Council of the Corporation of the
Town of Pickering HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to
execute a Subdivision Agreement, in the form
attached hereto as Schedule "A", between the
Corporation of the Town of Pickering and
Bramalea Limited respecting the subdivision
of Part Lot 30, Range 1, Broken Front Con-
cession, Pickering (Draft Plan 18T-78050).
BY-LAW read a first, second and third time and finally passed
this 30th day of July , 1979.
Clerk
THIS AGREEMENT made this day of , 1979.
BETWEEN:
BRAMALEA 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,
- and -
hereinafter called the "Encumbrancers"
OF THE THIRD PART.
WHEREAS, the Owner proposes to subdivide certain
parts of Lot 30, Range 1, Broken Front Concession, in the
Town of Pickering in the Regional Municipality of Durham,
and with the consent of the Encumbrancers, to register a
plan of subdivision of those lands, as shown on a draft
plan of subdivision prepared by Walter J. Carbis, O.L.S.,
dated June 5th, 1978, as revised, designated as Draft
Plan Number 18T-78050; and
WHEREAS, the Encumbrancers have certain rights or
interests in the nature of encumbrances relating to the
lands affected hereby;
NOW THEREFORE, THIS AGREEMENT WITNESSETH that in
consideration of the Town approving the said proposed plan
of subdivision, and the covenants hereinafter expressed,
the parties hereto covenant and agree one with the other
as follows:
- 2 -
PART 1 - PROPERTY DESCRIPTION
1. LAND AFFECTED
The lands affected by this Agreement are:
ALL AND SINGULAR that certain parcel or tract
of land and premises situate, lying and being
in the Town of Pickering, in the Regional
Municipality of Durham and Province of
Ontario, and being composed of,
- 3 -
PART 2 - SERVICES
2. OWNER'S GENERAL UNDERTAKING
The Owner agrees to complete at its own expense
and in a good workmanlike manner, for the Town,
all the municipal services as hereinafter set
forth to the satisfaction of the Director of
Public Works for the Town of Pickering, and to
complete, perform or make payment for such
other matters as may be provided for herein.
3. CONSULTING ENGINEERS
The Owner agrees to retain a Professional Engin-
eer as the Consulting Engineer of the Owner to
carry out all the necessary engineering and gen-
erally supervise the work required to be done
for the development of the subdivision. 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.
4. STORM SEWERS
(1) The Owner agrees to construct a com-
plete storm system including storm
connections to the street line and
catch basin leads to service all the
lands on the said plan of subdivision
and adjacent road allowances and to
provide capacity for lands upstream
of the 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 to maintain
them, including clearing any block-
ages or debris from whatever cause
until they are formally accepted by
the Town. Such sewers shall be
constructed to an outlet or outlets
according to designs approved by the
Director of Public works and shall
be of sufficient size and depth and
at locations either within or outside
the subdivision to service the sub-
division and the aforementioned lands
outside the subdivision which, in the
opinion of the Director of Public
Works, will require their use as trunk
outlets. Should, in the opinion of
the Director of Public Works, an in-
adequate stream or structure exist in
the outlet system outside the subdi-
vision, the owner may be required to
carry out such works as are necessary
to provide adequate outlets.
- 4 -
PART 2 - SERVICES (Cont'd)
4. STORM SEWERS (Cont'd)
(2) The Town may connect or authorize
connection into any part of the
system but such connection shall
not constitute final acceptance
of the sewer system by the Town.
(3) No connection under subsection 2
shall be undertaken or authorized
prior to preliminary acceptance
of the sewer system by the Town
except in an emergency.
5. ROADS - ROUGH GRADE
Prior to the installation or construction of
the relevant municipal services provided for
herein, the Owner agrees to rough grade to
the Town's specifications to the full width,
the proposed road allowances shown on the
plan of subdivision. The Owner further
agrees to keep all boulevards clear and free
of materials and obstructions which might
interfere with the installation of electric,
telephone, gas or other utilities.
6. ROADS - PAVED
The Owner agrees to construct the roads shown
on the plan of subdivision according to the
specifications for paved roads of the Town in
effect at the date hereof including such
boundary or approach roads as may be necessary
to provide an adequate access. The specifica-
tions for boulevard grading, sidewalks and sod-
ding shall apply to existing roads adjacent to
the said plan of subdivision. The Owner coven-
ants and agrees that until assumption by the
Town, it will maintain and repair streets both
within and outside the subdivision where con-
struction has taken place or that are used by
construction traffic entering the subdivision
and keep them clear of dust, refuse, rubbish,
or other litter of all types. The Owner will
erect and maintain adequate signs to warn all
persons using the subdivision roads 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.
- 5 -
PART 2 - SERVICES (Cont'd)
7. CURBS & GUTTERS
The Owner agrees to construct curbs and gut-
ters on the roads shown on the plan of sub-
division, and on Rosebank Road adjacent to
Lots 1, 2, 3, 4, 5, 6, 7, 104, 105, 106 and
107, according to the specifications of the
Town in effect at the date hereof and to
maintain them until they are formally accep-
ted by the Town. If any curb depressions
are not located correctly with respect to a
driveway, the owner shall construct a curb
depression in the correct location and fill
in the original curb depression according
to the said specifications.
8. SIDEWALKS
The Owner agrees to construct sidewalks on,
(a) the north side of Acorn Circle between
Rosebank Road and Block B;
(b) the south and west side of Acorn Circle
between Rosebank Road and a point on the
easterly extension of the southerly lot
line of Lot 62;
(c) the west side of the easterly section of
Broadoak Crescent;
(d) the east side of the westerly section of
Broadoak Crescent;
(e) Block B, from the street line to a point
31 metres north of the street line; and
(f) the east side of Rosebank Road from a
point on the westerly extension of the
southerly lot line of Lot 1 to a point
on the westerly extension of the south-
erly limit of Toynevale Road,
according to the specifications of the Town in
effect at the date hereof and to maintain them
until they are formally accepted by the Town.
9. UNDERGROUND ELECTRIC DISTRIBUTION & STREET
LIGHTING
Underground electric distribution services
shall be provided for all lots and blocks
within the subdivision according to the
standards and specifications of the approp-
riate authority. The Owner shall make such
financial arrangements as may be required
to ensure the construction of those services.
The Owner agrees to pay all costs of instal-
lation of street lighting, including poles
and other necessary appurtenances for the
lighting of all streets including boundary
roads and pedestrian walkways on the plan.
- 6 -
PART 2 - SERVICES (Cont'd)
9. UNDERGROUND ELECTRIC DISTRIBUTION & STREET
LIGHTING (Cont'd)
The lighting shall be designed and installed
in accordance with standards established by
the Town and in conformity with the Associa-
tion of Municipal Electrical Utilities Guide
to Municipal Standard Construction. The
installation of all works provided for in
this clause shall be constructed under the
supervision and inspection of the aforesaid
authority.
10. INSPECTION OF WORK
All works required to be constructed by the
Owner shall be installed under the observa-
tion of Inspectors employed by the Town and
the Owner agrees to pay the costs incurred
(Salaries and Expense) therefor within thirty
(30) days of invoices being rendered.
11. LIABILITY INSURANCE
Before commencing any of the work provided
for herein, the Owner shall supply the Town
with a Liability Insurance Policy in form
satisfactory to the Town 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 on the subdivision. The amount of
the said policy shall be $1,000,000. 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
agrees to pay the cost of such renewal or
renewals within thirty (30) days of the
account therefor being rendered by the Town.
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 Insur-
ance Policy shall not lapse.
12. PERFORMANCE & MAINTENANCE GUARANTEE
(1) Before commencing any of the work
provided for herein, the Owner
shall supply the Town with a 1000
performance and maintenance secur-
ity in form satisfactory to the
Town and in the amount of $
- 7 -
PART 2 - SERVICES (Cont'd)
12. PERFORMANCE & MAINTENANCE GUARANTEE (Cont'd)
to guarantee the satisfactory com-
pletion of the work and to guaran-
tee the workmanship and materials
for a period of two (2) years from
the date that the said works are
completed and such completion
acknowledged, in writing, by the
Director of Public Works. Such
performance and maintenance secur-
ity may, at the option of the owner,
be made up of part bond and part
cash, or all cash, or irrevocable
letter of credit. The Owner may
from time to time, apply for a
reduction in the bond, cash or
letter of credit and such applica-
tion shall be made to the Town
Manager. Upon written verification
of the Director of Public Works
that the services for which reduc-
tion is being sought have been sat-
isfactorily completed, the Town
Manager may reduce the amount of
the security to any amount not
less than ten per cent (loo) of
the original value, which ten per
cent portion shall apply as the
security for maintenance until the
obligation to maintain has expired,
when the balance of the security
shall be returned to the Owner
subject to any deductions for main-
tenance purposes.
(2) Upon the approval, if any, of a
reduction in the amount of the sec-
urity required to be provided in
subsection 1, the Town Manager
shall provide to the owner any nec-
essary assurances to effect the
reduction.
13. DRAINAGE - SODDING
(1) The Owner agrees to provide the Town,
before commencing any of the work
provided for herein and prior to the
commencement of the development of
the subdivision, with a Grading Con-
trol 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 adja-
cent lands which drain through the
said subdivision. The said Grading
Control Plan is to be prepared in
accordance with the Town's Lot Drain-
- 8 -
PART 2 - SERVICES (Cont'd)
13. DRAINAGE - SODDING (Cont'd)
age specifications in effect at the
date of this Agreement and is sub-
ject to the approval of the Metro-
politan Toronto and Region Conser-
vation Authority.
(2) The grading of all lands except
Blocks A, B and C shall be carried
out by the Owner in accordance with
such Grading Control Plan under the
supervision of the Owner's Consult-
ing Engineer. If, in the opinion
of the Director of Public Works,
drainage problems occur prior to
formal acceptance of the subdivision
by the Town, the Owner agrees to
correct them by re-grading or by
the construction of catch basins,
swales or other structures as may
be necessary to correct such prob-
lems.
(3) The Owner agrees to sod the front,
side and rear yards of each of the
lots except for paved or planted
areas, upon the completion of the
construction of buildings thereon.
(4) Notwithstanding the provisions of
subsections 2 and 3, the Owner
shall grade, in accordance with the
Grading Control Plan, that part of
Block B lying between Lots 94 and
95 and shall sod the unpaved por-
tion thereof at or prior to the
sodding of the adjacent boulevard
on Acorn Circle.
14. INCOMPLETED OR FAULTY WORK
If, in the opinion of the Director of Pub-
lic Works, the Owner is not prosecuting or
causing to be prosecuted the work in con-
nection 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,
- 9 -
PART 2 - SERVICES (Cont'd)
14.
INCOMPLETED OR FAULTY WORK (Cont'd)
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 not-
ification be without effect within ten (10)
clear days after such notice, then in that
case, the Director of Public Works shall
thereupon have full authority and power
immediately to purchase such materials, tools
and machinery and to employ such workmen as
in his opinion shall be required for the pro-
per 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 Direc-
tor 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 mat-
erial value, and further, a fee of thirty
per cent (30%) of the value for the disloca-
tion 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 obli-
gations imposed by this paragraph is one of
the considerations, without which the Town
would not have executed this Agreement.
15. DEDICATIONS
The Owner shall dedicate as public highway,
upon the registration of the final plan, or
convey, free and clear of all encumbrances,
within the thirty (30) days immediately
following the registration of the final
plan, the lands indicated in Column I of
the following Table to the respective
authority named in Column II of the Table:
Column I
Acorn Circle
('A' Street)
Alder Court
('C' Place)
Broadoak Crescent
('B' Crescent)
Cottonwood Court
('D' Place)
Column II
The Corporation of the
Town of Pickering
The Corporation of the
Town of Pickering
The Corporation of the
Town of Pickering
The Corporation of the
Town of Pickering
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PART 2 - SERVICES Mont'&
15. DEDICATIONS (Cont'd)
Column -1
Fernham Court
('E' Place)
Toynevale Road
('F' Place)
16
Column II
The Corporation of the
Town of Pickering
The Corporation of the
Town of Pickering
TRANSFERS - CONVEYANCES
The Owner shall. convey free and clear of a ;l
encumbrances, at no cost to the Grantee, upon
the registration of the plan or within the
thirty (30) days immediately following the
registration of the final plan, the lands indi-
cated in Column I of the following Table to
the respective authority named in Column II
of the Table:
Column I
Block D
Block E
Block F
Block G
Column II
The Corporation of the
Town of Pickering
The Corporation of the
Town of Pickering
The Corporation of the
Town of Pickering
The Corporation of the
Town of Pickering
17. TRANSFERS - EASEK NTS
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
developr"nt and across lands adjacent to the
devel_oprvnt but outside its boon,?cries. Such
easements shall be subject to the approval of
the Director of Public Works or his designate
as to their location and width. The construc-
tion of any services in such easement or ease-
ments shall not commence until- the easement
has been acquired, unle ; permission to do so
has been obtained by the Omer, in writing,
from the Town and from the registered owner of
the lands across which the enscment shall lie.
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PART 2 - SERVICES (Cont'd)
18
19 .
20
STREET NAMING
The Owner shall name, on the final plan, the
streets indicated (by Draft Plan designation)
in Column I of the following Table, with the
respective names set out in Column II of the
Table:
Column I
'A' Street
'B' Crescent
'C' Place
'D' Place
'E' Place
'F' Place
Column II
Acorn Circle
Broadoak Crescent
Alder Court
Cottonwood Court
Fernham Court
Toynevale Road
SERVICE CAPACITY
This Agreement shall be subject to the owner
entering into satisfactory arrangements with
the Town and the Regional Municipality of
Durham with respect to the allocation of sew-
age treatment plant capacity and water capa-
city for the development.
GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave the driveway approaches
between the curb and sidewalk,
or, where no sidewalk is to be
provided, between the curb and
the street line.
(b) Ontario Hydro Rights-of-Way
In the event that a right-of-way
of Ontario Hydro passes through
or is immediately adjacent to
the lands herein, to fence such
right-of-way on both sides, or
the adjacent side thereof, as
the case may be, prior to devel-
oping the adjacent lands. The
fence is to be of construction
and design as may be approved
by the Town.
- 12 -
PART 2 - SERVICES (COnt'd)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(c) Continuation of Existinq 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
workmanlike manner.
(d) Public Lands - Fill & Debris
To neither dump nor permit to be
dumped, any fill or debris on,
nor to remove or permit to be re-
moved, any fill from any public
lands, other than the actual con-
struction of roads in the subdivi-
sion without the written consent
of the authority responsible for
such lands. The Owner shall, on
request, supply the Town with an
acknowledgement from such author-
ity of the Owner's compliance with
the terms of this clause. The
Owner further agrees that there
shall be no burning of refuse or
debris upon his lands or any pub-
lic lands.
(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 Agree-
ment, and the cost of such tests
shall be paid by the Owner within
thirty (30) days of the account
being rendered by the Town.
(f) Relocation of Services
To pay the cost of relocating any
existing services and utilities
caused by the subdivision work
within thirty (30) days of the
account for same being rendered
by the Town. The Owner further
agrees to similarly pay the cost
of moving any services or utili-
ties installed under this Agree-
ment in driveways or so close
thereto, in the opinion of the
Director of Public Works, as to
interfere with the use of the
driveway.
- 13 -
PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(g) Specifications
Unless otherwise provided, to per-
form any work required to be done
under this Agreement to the spec-
ifications of the Town in effect
at the date hereof.
(h) Temporary Signs
To provide and erect at its own
cost, temporary street signs at
locations designated by the Direc-
tor of Public Works to the speci-
fications of the Town.
(i) Permanent Siqns
To provide and erect at his own
cost, permanent signs at loca-
tions designated by the Director
of Public Works to the specifica-
tions of the Town.
(j) Engineering Drawings
Prior to the final acceptance of
the subdivision, to supply the
Town with the original drawings
of the Engineering Works for the
subdivision, with amendments, if
any, noted thereon.
(k) Snow Plowinq & Sandinq of Roads
If, in the opinion of the Director
of Public Works, the condition of
the road surface is not acceptable
to him for winter control, to snow
plow and sand such roads from such
occupied buildings to existing
Town roads or to subdivision roads
that receive the Town's winter con-
trol service, including alternate
means of access where available.
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.
(1) Survey Monuments & Markers
Prior to the acceptance of the sub-
division by the Town, to supply a
statement by an Ontario Land Sur-
- 14 -
PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(1) Survey Monuments & Markers (Cont'd)
veyor 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 cor-
ners, the ends of all curves,
other than corner roundings and
all points of change in direction
of streets on the registered plan.
- 15 -
PART 3 - CONSTRUCTION & OCCUPANCY
OF BUILDINGS
21. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(a) The owner agrees that no building per-
mit shall be issued for any building
or part of a building in the subdivi-
sion until sewer and water facilities
are available, and in the opinion of
the Director of Public Works, capable
of providing adequate service.
(b) The Owner further agrees that no build-
ing or part of a building in the subdi-
vision shall be occupied except upon
the issuance of a municipal occupancy
permit.
(c) It is agreed that no application for
a municipal occupancy permit for a
building or part of a building shall
be made except upon the following con-
ditions:
(i) Sewer and water facilities
are installed and in oper-
ation to adequately serve
such building or part
thereof;
(ii) Electric service is com-
pleted and in operation;
and
(iii) Curbs have been constructed
and an asphalt base laid on
the road immediately in
front of the building or
part thereof and both ex-
tended to an existing main-
tained public road.
(d) The Owner agrees with the Town that
should any building or part thereof
in the subdivision be occupied with-
out the prior issuance of a municipal
occupancy permit, then in that event,
the owner shall pay to the Town, the
sum of $1,500 for each building or
part thereof so occupied as liquida-
ted damages therefor. The issuance
by the Town of municipal occupancy
permits for each and every building
on any lot or block in the subdivi-
sion shall be deemed to be a release
from the provisions of this subsec-
tion with respect to that lot or
block.
- 16 -
PART 3 - CONSTRUCTION & OCCUPANCY
OF BUILDINGS (Cont'd)
21. CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
(e) The Owner further covenants and
agrees to maintain vehicular
access to all occupied buildings
on the subdivision, until the
roads are formally assumed by the
Town, and further agrees to obtain
similar covenants from any subse-
quent Owner of any of the lands in
the said subdivision.
22. TIME LIMIT FOR CONSTRUCTION
The Owner agrees to construct or cause to be
constructed, one hundred and forty-three (143)
housing units, all of which shall be completed
within two (2) years of the date of registra-
tion of the plan.
23. SITE PLANNING
(a) The Owner agrees that prior to the
issuance of building permits for
any of the residential units to be
erected on the lands, it shall sub-
mit architectural and siting plans
for all of the residential units
to the Town for approval. The Owner
agrees to engage the services of
only one architectural firm at one
time to coordinate the design for
all residential units and that firm
is to be the coordinator throughout
the design approval process.
(b) The siting plans may be required,
at the Town's option, to provide
the following information:
(a) street scape for front
and rear elevation at a
scale acceptable to the
Director of Planning;
(b) street scape to show all
street furniture and
vegetation;
(c) the relationship of build-
ings by blocks; and
(d) any other data or informa-
tion required by the Town.
- 17 -
PART 3 - CONSTRUCTION & OCCUPANCY
OF BUILDINGS (Cont'd)
24. LANDSCAPE PLANNING
The Owner agrees that prior to the issu-
ance of building permits for any of the
units to be erected on the lands, it
shall submit a landscaping plan for all
of the lots and blocks on the plan to
the Town for approval. The Owner fur-
ther agrees that upon approval by the
Town of a landscaping plan, the land-
scaping works shown on the plan shall
be constructed, installed or planted,
as the case may be, in conformance
with the landscaping plan according
to the time limits set out in Schedule
"A".
- 18 -
PART 4 - FINANCIAL MATTERS
25. FINANCIAL PAYMENTS
The Owner agrees to pay to the Town, the
sum of $1,500 for each dwelling unit for
which a building permit is received. No
building permit shall be issued for any
dwelling unit unless payment of the
$1,500 per unit levy shall have been made
in advance of the issuance of such permit
with respect to such dwelling unit. Pay-
ments 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 provi-
sions of this paragraph in full, no later
than eighteen (18) months from the date
of registration of the plan. 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.
26. LETTER OF CREDIT
The Owner shall, immediately prior to the
registration of the plan, deposit with
the Town an irrevocable bank letter of
credit payable to the Town, in a form sat-
isfactory to the Town, for the sum of
$214,500 as security for:
(a) the payments referred to in section
25 hereof, and
(b) the payment of liquidated damages
referred to in subsection (d) of
section 21 hereof.
27. 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 said
plan of subdivision, as required
by law from time to time.
(b) Local Improvements
Prior to the release of the plan
for registration, to prepay any
outstanding local improvement
charges which are levied against
any of the lands on the said
plan of subdivision.
- 19 -
PART 4 - FINANCIAL MATTERS (Cont'd)
27. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd)
(c) Interest
To pay interest at the rate of
fourteen per cent (140) 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 documentation
including transfers, in the
Land Titles Office.
(e) Lien or Other Claims
Upon applying for final accep-
tance of the subdivision, to
supply the Town with a Statu-
tory 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 subdivision or if such
claims do exist, the Owner
agrees to indemnify the Town
against any claims, actions or
demands for mechanics' liens
or otherwise and all costs in
connection therewith.
28. EXPIRY OF SECURITIES
The Owner further agrees that should any
letter of credit or bond required to be
given under the terms of this Agreement
expire during the currency of the Agree-
ment, the Owner shall provide to the Town
at least thirty (30) days in advance of
the expiry date of that letter of credit
or bond, a further letter of credit or
bond, as the case may be, to take effect
upon the expiry. Such further letter of
credit or bond shall be to the satisfac-
tion of the Town. Should no such further
letter of credit or bond be provided as
required, then the Town shall have the
- 20 -
PART A - FINANCIAL MATTERS (Cont'd)
28. EXPIRY OF SECURITIES (Cont'd)
right to convert the expiring letter of credit
or bond into cash and hold the cash in lieu of
and for the same purposes as any further let-
ter of credit or bond.
29. TERMINATION OF LEVY/OCCUPANCY SECURITY
(1) The letter of credit required to be
deposited with the Town pursuant to
the provisions of section 26, above,
may only be terminated or cancelled
by the Owner after the Municipal
Occupancy Permit for the last build-
ing or part thereto to be construc-
ted on these lands has been issued
by the Town.
(2) Notwithstanding the provisions of
subsection 1, the owner may, from
time to time, apply to the Town
Manager for a reduction in the
amount of the letter of credit
referred to in subsection 1, as
Municipal Occupancy Permits are
issued.
(3) No application under subsection 2
shall be made for a reduction of
less than $37,500, i.e. respecting
less than 25 buildings, or parts
thereof, for which Municipal Occu-
pancy Permits have been issued.
- 21 -
PART 5 - PARKS & TREES
30. PROVISION OF PARKLAND
(a) The Owner shall convey to the Town, at
no cost to the Town and free and clear
of all encumbrances, within thirty (30)
days immediately following the regis-
tration of the final plan, all of
Block B, as shown on that plan, for park
purposes.
(b) The Town agrees to accept such a convey-
ance in satisfaction of the Owner's
obligation to provide parkland as a
condition of the approval of this plan.
(c) The Town and the Owner hereby acknow-
ledge and agree that it is the inten-
tion of each that the owner shall
offer to sell and the Town shall offer
to purchase all of Blocks A and C, as
shown on the final plan, for the pur-
pose of expanding upon the Town's park
system.
(d) Further, the Town and the Owner agree
that, in the event the transaction
referred to in subsection (c) is not
completed, the owner may apply to the
Town for an amendment to this Agree-
ment respecting those Blocks.
31. OPEN SPACE/PARK FENCING & OTHER FENCING
(a) (i) The Owner shall place and
maintain a temporary snow
fence, secured by "T" bar
posts located not more
than 2.5 metres apart,
along all boundaries of
Blocks A, B and C, prior
to the commencement of
any construction, includ-
ing rough grading.
(ii) The Director of Parks and
Recreation may permit
deviation from the require-
ments of clause (i), above,
in order to permit the
Owner to effect grading of
adjacent lands.
(iii) The Owner agrees to compen-
sate the Town for any dam-
age to Town lands resulting
from incursions thereon
during grading or other con-
struction in the subdivision.
- 22 -
PART 5 - PARKS & TREES (Cont'd)
31. OPEN SPACE/PARK FENCING & OTHER FENCING (Cont'd)
(b) The Owner shall erect, upon the comple-
tion of final lot grading and seeding
or sodding the lands in the subdivision,
a permanent fence,
(i) of nine (9) gauge, galvan-
ized steel link fencing,
2.0 metres high, having
minimum 0.05 metre mesh,
along the easterly bound-
aries of Lots 64, 65, 71,
72 and 73, adjacent to the
lands owned by Canadian
National Railway;
(ii) of nine (9) gauge, galvan-
ized steel link fencing,
having minimum 0.05 metre
mesh, or equivalent vinyl-
coated steel link fencing
as may be approved by the
Town, 1.5 metres high,
along the boundary of the
subdivision adjacent to
Lots 73, 80, 81, 82, 85-91,
inclusive, 109, 108 and
the northerly side of Lot
107
(iii) of nine (9) gauge, galvan-
ized steel link fencing,
1.5 metres high, having
minimum 0.05 metre mesh,
1. along the north-
westerly boundary
of Block D, except
for a 1.0 metre
opening to be
located to the sat-
isfaction of the
Director of Parks
and Recreation,
2, along the boundary
of Blocks A and B,
between the north-
westerly end of
Block D and the
rear lot line of
Lot 91,
3. along the north-
westerly bound-
aries of Lots
91-104 inclusive,
4. along the westerly
boundary of Lot
94, and
- 23 -
PART 5 - PARKS & TREES (Cont'd)
31. OPEN SPACE/PARK FENCING & OTHER FENCING (Cont'd)
5. along the easterly
boundary of Lot
95;
(iv) of nine and three quarter
(9-3/4) gauge, nine (9)
strand, galvanized steel
farm fence, 1.25 metres
high, having maximum 0.10
x 0.40 metre mesh,
1. along the entire
southerly bound-
ary of the sub-
division.
32. DRAINAGE ONTO OPEN SPACE/PARKLAND
The Owner shall ensure that the lands within
the subdivision do not drain surface run-off
water onto Town-owned parkland, open space or
walkways. Where this is not possible, the
Owner shall install within the parkland, open
space or walkways, as the case may be, at a
distance no greater than six (6) metres from
the property line, suitable swales and catch
basins to adequately manage, in the opinion
of the Director of Parks and Recreation, all
surface run-off water, draining onto the
parkland, open space or walkways from the
lands within the subdivision.
33. TREE PLANTING
(a) The Owner shall plant on the lands,
trees of a size, number and type
acceptable to the Town. A schedule
of the Owner's tree planting scheme
shall be approved by the Director
of Parks and Recreation prior to
the planting of any trees. A list
of acceptable tree species and
sizes will be provided.
(b) The trees approved by the Town shall
be planted by the Owner no more than
six (6) months after final grading
is done in the specified area.
(c) (i) The Owner shall provide at
least one (1) tree per res-
idential unit in the subdi-
vision.
- 24 -
PART 5 - PARKS & TREES (Cont'd)
33. TREE PLANTING (Cont'd)
(ii) Where the density is too
great to enable this
quota to be met, the
owner shall provide $35
per unit for tree plant-
ing in a public land
area within the commun-
ity in which the plan is
located.
34. TREE PRESERVATION
The Owner agrees to retain, at its own expense,
a qualified expert in order to determine which
of the existing trees shall be preserved. The
aforementioned qualified expert shall prepare
a Tree Preservation Programme, which programme
shall be submitted to the Director of Parks
and Recreation and shall not be put into
effect until it has received the approval of
the Director of Parks and Recreation. In
determining whether or not to approve the
Tree Preservation Programme, the Director
shall be governed by the Town Tree Preservation
guidelines in effect as at the date hereof.
- 25 -
PART 6 - GENERAL REQUIREMENTS
35. The Owner agrees with the Town:
(a)
(b)
(c)
Licence to Enter
To retain a licence from any sub-
sequent purchaser of the aforesaid
lands to enter upon such lands in
order to comply with the provisions
of this Agreement.
Cancellation of Agreement
In the event the plan
is not registered on
December 31st, 1980,
at its option on one
to the Owner, declare
to be null and void.
Notice
of subdivision
or before
the Town may,
month's notice
this Agreement
Any notice required to be given here-
under 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.
36. The Encumbrancers agree with the Town that this
Agreement shall have priority over and take
precedence over any rights or interests they
may have in the lands affected hereby, whether
or not any such right or interest was estab-
lished 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.
37. Whenever in this Agreement the word "Owner"
and the pronoun "it" is used, it shall be
read and construed as "Owner or owners" and
"his", "her" or "their", respectively, and
the number of the verb agreeing therewith
shall be construed accordingly.
38
The provisions
attached hereto
Agreement.
in Schedules "A" and "B"
shall form part of this
39. Time shall be of the essence of this Agreement.
- 26 -
PART 6 - GENERAL REQUIREMENTS (Cont'd)
40. This Agreement and everything herein contained
shall enure to the benefit of and be binding
upon the Parties hereto, their successors and
assigns.
IN WITNESS WHEREOF the said Parties have hereunto
affixed their Corporate Seals attested to by the hands of
their proper officers in that behalf fully authorized.
SIGNED, SEALED and DELIVERED
BRAMALEA LIMITED
Per:
Per:
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Per:
Per:'
Per:
Per:
SCHEDULE "A"
1.
TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP
& MATERIALS
Save as herein otherwise provided, the Owner
agrees to complete the works required under
this Agreement within the time limits spec-
ified in the Table set out below and to
guarantee the workmanship and materials for
a period of two (2) years from the date that
the said works are approved in writing by
the Director of Public Works. Any work
other than that specifically provided for in
the Table shall be completed within the time
limit provided for therein for aboveground
services.
Table
Works Time Limit for Completion
(a) Underground One year from the date
Services of the registration of
the final plan of
subdivision
(b) Aboveground
Services
Two years from the date
of the registration of
the final plan of
subdivision
2. PHASING OF DEVELOPMENT
The Owner agrees that should it wish to devel-
op the lands contained in this plan of subdi-
vision in phases, the owner shall first obtain
the written approval of the Town and the
Regional Municipality of Durham to the phasing
program.
SCHEDULE "B"
1. INDUSTRIAL/COMMERCIAL COMPONENT
(a) The Owner shall construct within the Town
of Pickering, industrial or commercial
buildings having a total floor area of
not less than 13,285 square metres, and
based on the Town's 40 (industrial) -
60 (residential) ratio, shall be
entitled thereby to 143 credits upon
which the same number of residential
building unit permits may be issued.
(b) The required industrial or commercial
buildings shall be completed on or
before the 31st day of December, 1982.
(c) If, on the 1st day of January, 1983, the
required industrial or commercial build-
ings have not been constructed, then
commencing in 1983, the Owner shall pay
annually to the Town on the 15th day
of January in each year, liquidated
damages in the amount of $350 for every
93 square metres or part thereof of
the required industrial or commercial
buildings not constructed on each
January 1st.
(d) The Owner shall leave deposited with the
Town, its performance guarantee in the
amount of $250,000 to guarantee the
satisfactory completion of the required
industrial or commercial buildings on
or before the 31st day of December,
1982, and to secure the payment of any
liquidated damages that may become pay-
able under (c) above.
2. METROPOLITAN TORONTO & REGION CONSERVATION
AUTHORITY ("M.T.R.C.A.")
(a) Neither the Owner, nor any of its agents,
contractors or servants, shall place fill
of any kind beyond the M.T.R.C.A. fill
regulation line within or adjacent to
this plan.
(b) Any site plan required by section 23
and any grading control plan required
by section 13 shall be subject to the
approval of M.T.R.C.A., insofar as any
such plan relates to Lots 64, 65, 66,
71, 72, 73, 80, 81, 82, 85, 86, 87, 88,
89, 90 and 91.
(c) The Owner shall not require a building
permit to be issued for any of the lots
referred to in (b) until M.T.R.C.A.
approval is granted to the plans refer-
red to in (b).
SCHEDULE "B" (Cont'd)
3. MINISTRY OF NATURAL RESOURCES ("M.N.R.")
(a) Prior to the commencement of any grad-
ing or construction of or on the lands
in this plan, the Owner shall,
(1) prepare a detailed engineer-
ing report, acceptable to
M.T.R.C.A. and the Maple
District Office of M.N.R.,
describing,
(a) the storm water man-
agement techniques,
limiting the amount
of warm, silt laden
or chemically
altered storm water
entering Petticoat
Creek, intended to
be employed to min-
imize the storm
water directed into
that creek, and
(b) the development and
construction tech-
niques and safeguards
intended to be used
to contain and mini-
mize the effects of
erosion and silta-
tion on the lands in
the plan prior to,
during and after the
construction period,
and
(2) carry out, or cause to be carried
out, any works recommended in the
report referred to in (1) and
approved by M.T.R.C.A., M.N.R.
and the Town.
(b) The Town shall not be liable for any costs
whatsoever of the preparation of evalua-
tion of the report referred to in (a),
nor of the carrying out of works result-
ing therefrom, and the Owner hereby
agrees to indemnify the Town in this
respect.
4. MINISTRY OF THE ENVIRONMENT ("M.O.E."
The Owner shall, at its sole expense, undertake
to the Town's satisfaction, any noise attenua-
tion measures required by M.O.E.
SCHEDULE "B" (Cont'd)
5. CANADIAN NATIONAL RAILWAY ("C.N.R."
(a) The Owner shall provide notice on the
title to each parcel of land sharing
a common boundary with C.N.R. that the
maintenance of any fence on that bound-
ary shall be the responsibility of the
owners of the parcel.
(b) The Owner shall not alter the natural
drainage of the lands in this plan if
such alteration will alter the drain-
age on the adjacent railway right-of-
way without first obtaining C.N.R.'s
approval.
6. TEMPORARY TURNING CIRCLES
Notwithstanding the provisions of sections 6, 7
and 8 of this Agreement, the Owner shall con-
struct, at its sole expense and to the Town's
specifications, a temporary turning circle at
the southerly ends of Acorn Circle, the east-
erly portion of Broadoak Crescent and the
westerly portion of Broadoak Crescent.
7. PERFORMANCE & MAINTENANCE GUARANTEE
For the purposes of sections 12 and 14 of this
Agreement, and without otherwise limiting the
generality thereof, the term "work provided for
herein" shall be deemed to,
(a) include the construction and removal
of the temporary turning circles re-
quired under section 6 of this Sche-
dule, and
(b) exclude works required to be carried
out pursuant to sections 2, 3, 4 or 5
of this Schedule unless such works are
also required under a section in the
Agreement other than sections 2, 3, 4
and 5 of this Schedule.