HomeMy WebLinkAboutBy-law 5080/97BY-LAW
REPEALED BY
REPEALS .
AMENDED BY
AMENDS
DISPOSITION
THE CORPORATION OF THE TOWN OF pICKIi':R!N(i
BY-LAW NO. 5080/97
Being a by-law to authorize the execulion
Subdivision Agreement and related documentation
respecting the development O['part of Lot 23, Range 3,
B.P: U., Pickering. [Ballymore Building (Picketing)
Corp.]
WHEREAS the proposal to subdivide and register a plan of subdivision of part of Lot 23, Range 3,
B.F.C., Picketing, has been approved by the Commissioner of Planning of The Regional Municipality of
Durham as Draft Plan 18T-94014, subject to several conditions, one of which requires the entering into
of a satisfactory Subdivision Agreement with The Corporation of the Town of Picketing, pursuant to the
provisions of the Planning Act, R.S.O. 1990, chapter P.13 section 51(6) and
WHEREAS, pursuant to the provision of the Municipal Act, R.S.O. 1990, chapter M.45, section 191(1)
the Council of the Corporation of the Town of Picketing may pass by-laws lbr acquiring any land or
interest therein for the purposes of the corporation.
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. (a) The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement,
substantially in accordance with the lbrm attached hereto as Schedule A, between
Ballymore Building (Pickering) Corp. and The Corporation of the Town of Pickering,
respecting the development of part of Lot 23, Range 3, B.F.C., Pickering, being Draft
Plan 18T-94014.
(b) The Corporation of the Town of Pickering shall acquire those lands or interests in the
lands referred to in section 34 and identified in Schedule A of that Subdivision
Agreement subject to the terms and conditions and lbr the purposes set out therein.
2. The Mayor and Clerk are hereby authorized to execute Transfers/Decds of Easement in the form
attached hereto as Schedule B, effecting the acquisition by The Corporation of the Town of
Picketing of any interests in the nature of storm drainage works easements in the land comprising
Draft Plan 18%94014.
BY-LAW read a first, second and third time and finally passed ~his 5th day of August, 1997.
Wayne Arthurs, Mayor
THIS SUBDIVISION AGREEMENT made August .5, 1997 pursuant to the provisions of section 51 of the Planning
Act, R.S.O. 1990, chapter P. 13,
BETWEEN:
BALLYMORE BUILDING (I)ICKERINGI CORP.
herein called the "Owner"
OF THE FIRST t'ART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
herein called tile "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to subdivide Part of Lot 23, Range 3, B.F.C., in the Town of Pickering, in the
Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan of
subdivision designated as Draft Plan Namber 18T-94014, and is required as a condition of approval thereof to enter
into a subdivision agreement with the Town pursuant to section 51 of thc Planning Act, R.S.O. 1990, chapter P. 13;
NOW THEREFORE, TillS AGREEMENT WH'NF, SSETII TllAT. in consideration of the Town consenting to the
registration of the proposed plan of subdivision, and the covenants hereinafter expressed, the Panics hereto covenant
and agree one with the other as follows:
PART I - INTERPRETING AND APPLYING THIS AGREEMENT
1. LAND AFFECTED
The lands affected by this Agreement (the "Lands") are Lots I to 27, inclusive, Plan 40M-
Pickering.
2. STATUS OF THIS AGREEMENT
(I) In the event the plan of subdivision is not registered on or before April 5, 1998, this Agreement shall
be null and void and of no further effect, and the Town shall no! be liable for any expenses, costs or
damages suffered by the Owner as a result thereof.
(2) This Agreement is entered into and executed by the Owner for tile purpose of having the Town act in
reliance on thc covenants by the Owner contained herein and the Owner hereby waives an3, right or
claim which it now has or may hereinafter acquire which is inconsistent with the temps of this
Agreement.
3. INTERPRETATION
(1) Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as "he", "she",
"they", "him", "her" or "them", and the number of the verb agreeing therewith shall be construed
accordingly.
(2) Schedules A, B, C, D and E attached hereto shall form part of this Agreement.
(3) Time shall be of the essence of this Agreement.
BINDING PARTIES
This Agreement shall be enforceable by and against the Parties hereto, their heirs, executors, administrators,
successors and assigns, and the Agreement and all the covenants by the Owner contained herein shall run
with the Lands for the benefit of the Town and the land or interests in land owned by the Town upon the
registration of the plan
5. NOTICE
(I) Any notice required to be given hereunder may be given by personal delivery or registered mail,
(a) in the case of the Owner, to
Attention: Larry Dekkema or Gerard Gervais
Ballymore Building (Pickering) Corp.
100 Allstate Parkway, Suite 501
Markham, Ontario
L3R 6H3
and
(b) in the case of the lown, to
The Town Clerk
]'he Corporation of the lown of Pickering
Picketing Civic Complex
One The Esplanade
Pickering, Ontario
LIV 6K7
(2) Each Party may redesignate the person or the address, or both. to whom or to which such notice may
be given by giving written notice to the other.
(3) Any notice given in accordance with this section shall be deemed to have been given on the second
day following the day of delivery or the day of mailing, as the case may be.
6. LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enable
the Owner and the Town's inspectors to enter upon the Lands in order to comply with the provisions of this
Agreement.
7. OWNER'S GENERAL UNDERTAKING
The Owner shall complete in a good workmanlike manner for the Town, all the municipal services as
hereinafter set forth to the satisfaction of the Town, and shall complete, perform or make payment tbr such
other matters as may be provided for herein.
8. OWNER'S EXPENSe
Every provision of this Agreement by which the Owner is obligated in any way shall be deemed to include
the words "at the expense of the Owner and at no expense to the Town" unless the context requires
otherwise.
PAR 1' 2 - CONSTRUCTING THE TOWN'S SERVICES
9. CONSULTING F~NGINEERS
(I) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out
all the necessary engineering and to supervise the work required to be done for the development and
construction ofthe project.
(2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work
required to be done for the development and construction of the project is completed and formally
accepted by the Town.
(3) The Owner may change from one Consulting Engineer to another at any time or times during the
development and construction of the project, so long as the Owner has a Consulting Engineer
retained at all times'.
10. CONSTRUCTION / INSTALLATION OF TOWN WORKS AND SERVICES
(I) The Owner shall obtain all required approvals and shall construct or install to Town standards and
shall provide to the Town, complete in every detail, the following Town works and services (the
"Works") as shown on plans submitted by the Owner's Consulting Engineer to the Town and
approved by the Town's Director of Public Works in accordance with the Town's specifications for
such Works:
(a) Town roads within the plan. complete with all signs and other appurtenances;
(b) Town roads adjacent to the plan and not separated from the plan by a reserve or reserves,
complete with all appurtenances:
(c) removal and replacement of any temporary turning circle located immediately adjacent to the
plan on a Town road to be extended into the plan;
(d) street storm sewers on roads referred to in (a) and (bL complete with curbs, gutters,
catchbasins and manholes:
(e) storm water drainage and management system serving the lands in the plan and lands outside
the plan but draining through the plan, complete with detention or retention facilities, quality
control devices and out,ets;
(f) boulevards and sidewalks on Town roads within the plan, on Town roads adjacent to the plan
but not separated from the plan by a reserve or reserves, and on Town roads to be extended
into the plan where the Owner is required to remove and replace a temporary turning circle;
(g) street lighting on '['own roads within the plan, oa Town roads adjacent to the plan but not
separated from the plan by a reserve or reserves, and on Town roads to be extended into the
plan where the Owner is required to remove and replace a temporary turning circle;
(h) street tree planting on Town roads within the plan, on Town roads adjacent to the plan but
not separated from the plan by a reserve or reserves, and on Town roads to be extended into
the plan where the Owner is required to remove and replace a temporary turning circle:
(i) walkways on walkway blocks and park entrances, complete with walkway fencing and
lighting; and
(j) other fencing, including,
(i) fencing adjacent to commercial sites, school sites, parks, open space, storm water
management facilities and roads adjacent to the plan and separated from the plan by
a reserve or reserves, and
(ii) noise attenuation fencing.
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(2) If at any time prior to the acceptance of the Works, thc Town's Director of' Public Works is of the
opinion that additional works are necessary to provide adequately any oftbe public services required
by the project, thc Owner shall construct, install or perform such additional works at the request of'
the Director.
(3) All Works shall be constructed and installed in accordance with the Town's specifications and in a
good aiid workmanlike manner under the supervision of the Owner's Consulting Engineer and under
thc observation of thc Town's inspectors or, in thc case of street lighting, Picke. ring Itydro's
inspectors.
(4) Thc Owner shall conduct video inspections of all underground services required to be constructed or
installed hereby and shall provide a VHS-format videotape record of those inspections to the Town.
t5) The Owner shall pay to the Town the Town's costs of inspection, including but not necessarily
limited to, salaries and wages of inspectors, testing fees and administration fees, within 30 days of'
invoices being rendered.
I I. GENERAL REGULATIONS RESPECTING SERVICING
(i) The construction of Town roads shall include the construction of paved driveway approaches
between the curb and sidewalk or, where no sidewalk is to be provided, between the curb and the lot
line.
(2) Where the construction or installation of services involves a continuation or extension of existing
services, the Owner shall join into the existing services, including adjustment of grades where
necessary, in a good and workmanlike manner.
(3) The Owner shall not dump nor permit to be dumped any l'ill or debris on, nor remove or permit to be
removed any till t¥om, any public lands, other than in ll~e actual construction of roads in the project
without the written consent of the authority responsible f~r such lands.
(4) The Owner shall not burn nor permit to be burned any re~se or debris within thc project or adjacent
to it.
(5) The Town's Director of P~blic Works may have q~alitativc or quantitative tests made of any
materials which have bce~ or are proposed to be used in the construction or installation o~ any
se~ices required by this Agreement. and the cost of such tests shall be paid by the Owner within 30
days of invoices being rendered.
(6) The Owner shall pay, within 30 days of invoices being rendered, the costs
(a) relocating any existing services or utilities required to be relocated by the construction or
installation of Works, services, or utilities in the project, and
(b) moving any Works, services or utilities installed in driveway~ or so close thereto, in the
opinion of thc Town's Director of Public Works, as to interfere with the use of the driveway.
(7) Unless othe~ise provided herein, the Owner shall perform any work required to be done under this
Agreement to the specifications of the Town in effect at the date hereol~
(8) The Owner shall provide and erect tempora~ signs of such nature and at such locations as
designated by the Town's Director of Public Works.
12. ELECTRICAL SERVICES
Where electricity, cable television service or telephone service is to be provided to any lot or block in the
project, it shall be provided underground and in accordance with the standards and specifications of
Picketing Hydro-Electric Commission, Trillium Cable T.V. Limited or Bell Canada, as the case may be.
13. 'l REE INVE~NTORY / TREE pRESERVATION PROGRAM
(l) The Owner shall submit a Tree Inventory and a Tree Preservation Program prepared by a qualified
expert, and based upon the Town-approved Grading Control Plan, indicating which existing trees in
the project may be preserved to the Town's Director of Public Works for the review and approval of
the ~lbwn's Director of Planning and Director of Parks and Facilities, and shall implement the
Program as approved only.
(2) Until the Tree Preservation Program is approved the Owner shall not commence, nor allow to be
commenced, any aspect of the development of the lands in the project, including the removal of an3
tree.
(3) In the event that any tree required to be preserved by the approved 'free Preservation Program is
removed or is, in the opinion of the Town's Director of Parks and Facilities, damaged to such an
extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall
replace that tree with a tree of a height, diameter and species determined by the Director: such
replacement shall be at no cost to the Town.
(4) The Owner's liability under subsection (3) shah continue until,
(a) where the lands upon which the tree is located comprise a residential btdlding lot or block.
twelve months after the completion of the sodding on the lot or block, or
(b) where the lands upon which the tree is located comprise lands other than a residential
building lot, the issuance by the Town of the Final Acceptance Certificate.
14. GRADING CONTROl, PLAN / l. OT DRAINAGE AND SODDING
(I) The Owner shall submit to the To~n. tbr the approval of the Town's Director of Public Works, a
Grading Control Plan (including a geotechnical soils analysis) prepared by the Owner's Consulting
Engineer, establishing the proposed grading of the lands in the project to provide for the proper
drainage thereof and the drainage of all adjacent lands which drain through the lands in the project.
(2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage
Specifications and shall not provide tbr the drainage of surface run-ofl' water onto Town-owned
parkland, open space or walkways unless provision is made for the installation by the Owner, at no
cost to the Town, of suitable swales and catch basins to manage adequately, in the opinion of the
Town's Director of Parks and Facilities. that surface run-off water.
(3) The Owner shall grade all tile lands in the project in accordance with the approved Grading Control
Plan, ensuring that sufficient topsoil remains as cover on all areas of the project intended for
sodding, seeding, or other planting.
(4) ! f the Town determines that,
(a) grading has not been done in accordance with the Grading Control Plan,
(b) grading has been done in accordance with the Grading Control Plan but drainage problems
remain, or
(c) sufficient topsoil has not been left in the appropriate areas,
the Owner shall re-grade the project, or part thereof affected, adding a sufficient amount of topsoi! if
necessary, or construct catch basins, swales or other structures as may be necessary to correct such
problems, as directed by the Town's Director of Public Works.
(5) The Owner shall sod the front, side and rear yards of each of the residential lots and blocks in the
project except for paved, planted or treed areas prior to the occupancy of the dwelling unit located
thereon or within the six months immediately thereafter except, where the occupancy of the dwelling
unit occurs in November or December of any year, the time limit for sodding may be extended to
June 30 in the following year.
AUTHORIZATION TO COMMENCE WORK
The Owner shall no[ commence the construction or installation of any of the Works without the written
Authorization to Commence Work of the Town's Director of Public Works, which Authorization shall not be
issued until:
(a) four red-lined copies of this Agreement executed by the Owner and all Encumbrancers have been
provided to the Town to the satisfaction of the Town Solicitur;
(b) all of the insurance requirements outlined in section 24 together with any securities required by this
Agreement have been provided to thc satisfaction of'the Town Treasurer and thc Town Solicitor;
(c) all approvals and permits have been obtained by the Owner from the Ministry of the Environment,
the Ministry of'Natural Resources and the Metropolitan Toronto and Region Conservation Authority,
or a certificate has been provided by the Owner's Consulting Engineer that no such approvals or
permits are required, along with all approvals required by this Agreement;
(d) conveyance of good title, flee and clear of all encumbrances, to the Town, of all necessary
Easements and Transfers of interests in lands lying outside of the Lands as identified in Schedule A;
and
(e) the Owner's Solicitor has provided, at the Owner's expense, a certificate of clear title, to the
satisfaction of the Town Solicitor, of all the lands and interests of lands conveyed to the Town, lying
outside of the lands, as set out in Schedule A hereto.
16. USE OF WORKS PENDING COMPLETION / EMERGENCY REPAIRS
( I ) Any of the Works may be used by the Town. or by such other person or agency as may be authorized
by the Town's Director oI~ Public Works, tbr thc purposes for which the Works are designed, and
such use shall not be deemed an acceptance oFany of the ~orks by the Town, nor an assumption by
the Town of any liability in connection therewith, nor a release of the Owner from any of its
obligations under this Agreement.
(2) The Town may make emergency repairs at any time to any of the Works and may for this purpose
enter the Lands at any time; such repair or entry, shall not be deemed an acceptance of any of the
Works by the Town, nor an assumption by the Town of any liability in connection therewith, nor a
release of the Owner from any of its obligations under this Agreement.
17. INTERNAL / EXTERNAL ROAD MAINTENANCE AND REPAIR / SNOW PLOWING
(1) Throughout the term of this Agreement. the Owner shall,
(a) maintain all Town roads within the project in a mud and dust free condition and free of
obstructions, regardless of the source or cause of any mud, dust or obstruction:
(b) maintain all Town roads outside the project, including boulevards, in a mud and dust free
condition and free of obstructions, where the source or cause of the mud. dust or obstruction
is an operation or operations related in any way to the development of the project;
(c) repair all Town roads outside the project, including boulevards, where damage has occurred
as a result of a.'~ operation or operations related in any way to the development of the project;
and
(d) plow snow from and salt all Town roads within the project that are not subject to the Town's
winter control program.
(2) The Owner. within 24 hours of verbal notification by the Town to it or its representatives, shall
undertake such works as are necessary to clean, clear, repair, plow or salt any Town road requiring
such work in the opinion of the Town's Director of Public Works or his designate,
COMPLETION DATES -TOWN WORKS AND SERVICES
(I) The Owner shall complete the Works in accordance with the following time limits.
(a) Town roads within the plan - two ),ears from date of Authorization to Commence Work;
(b) Town roads adjacent to the plan - two years £rom date of Authorization to Commence Work;
(¢) removal and replacement of any temporary turning circle - two years from date of
Authorization to Commence Work;
(d) street storm sewers - one year from date or'Authorization to Commence Work;
(e) storm water drainage and management system (including grading and top-soiling of non-
residential lots and blocks) - one year from date of'Authorization to Commence Work;
(f)(i) boulevards and sidewalks on Town roads within the plan, on Town roads adjacent to the plan
but not separated from the plan by a reserve or reserves - six months after occupancy of first
dwelling to be occupied adjacent to segment as identified by the Town's Director of' Public
Works, but no later than two years from date of Authorization to Commence Work;
(f)(ii) boulevards and sidewalks on Town roads to be extended into the plan where the Owner is
required to remove and replace a temporary turning circle - two years from date of
Authorization to Commence Work;
(g) street lighting - one year from date of Authorization to Commence Work;
(h) street tree planting - two years from date of Authorization to Commence Work;
(i) walkways, walkway fencing and walkway lighting - prior ~o the occupancy of any dwelling
adjacent thereto;
(j)(i) other fencing adjacent to,
A parks, open space and storm water management facilities - prior to the occupancy of
any dwelling adjacent thereto;
B commercial sites and school sites - one 3ear from date of Authorization to
Commence Work; and
C roads adjacent to the plan and separated l¥om the plan by a reserve or reserves - six
months after occupancy of first dwelling to be occupied adjacent to segment as
identified by the Town's Director of Public Works, but no later than two years from
date of Authorization to Commence Work; and
(j)(ii) noise attenuation fencing - prior to the occupancy of any dwelling adjacent thereto,
following the satisfactory completion and testing of all of which, and the approval thereof by the
Town, the Town shall issue to the Owner a Completion Acceptance Certificate.
(2) Despite the provisions of subsections (I)(f)(i) and (I)(j)(i)C, where the occupancy of the first
dwelling unit occurs in November or December of any year, the time limit for construction of the
adjacent boulevard, sidewalk or fencing segment shall be extended to June 30 in the following year.
19. FAILURE TO COMPLETE / IMPROPER PERFORMANCE
(I) If, in the opinion of the Town's Director of Public Works, the Owner is not constructing or installing
the Works, or causing them to be constructed or installed, within the specified time or so that they
may be completed within the specified time, or is improperly performing the Works, or has
neglected or abandoned them before completion, or has unreasonably delayed them so that the terms
and conditions of this Agreement are being violated or executed carelessly or in bad faith, or has
neglected or refused to renew or again perform Works rejected by the Director of Public Works as
defective or unsuitable, or has in any other manner, in the opinion of the Director of Public Works,
defaults, at in the performance of tM terms and conditions of this Agreement, then the Director may
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notify the Owner and his surety in writing of the default or neglect and if the notification be without
effect fbr seven days, then thc Director shall have full authe-~,y to make any payment or do any
thing, including but not limited to obtaining materials, tools at~d machinery and employing persons
required for the proper completion o£ the Works or rectification uf thc default, at the cost and
expense oftbe Owner or his surety, or both.
(2) In cases of emergency, in the opinion of the Director of'Public Works, such Director may act without
prior notice but the Owner and its surety shall be notified forthwith.
(3) The cost of rectifying the default shall be calculated by the Director of Public Works, whose
decision shall be final, and may be charged to the Owner, together with a 25 per cent engineering
and administration t~e, by drawing upon the letter of credit filed with the Town under section 21.
20. GUARANTEE OF WORKS, WORKMANSHIP AND MATERIALS
(I) The Owner shall guarantee all Works, workmanship and materials employed or used in the
construction, installation or completion of Works, services and other requirements under this
Agreement for a minimum period of two years (the "maintenance period") following the issuance of
the Completion Acceptance Certificate by the Town.
(2) Despite any other provisions of this Agreement. the responsibilities of the Owner during the
maintenance period shall include the maintenance of the Works, including the rectification of any
unsatisfactorily installed Works.
(3) Prior to the end of the maintenance period, the O~ner's Consulting Engineer shall submit to the
Town,
(a) "as built" construction dra~ings for the Works complete as per Town standards, together
with that Consulting I ;~gineer's cerlificate that those dra~,~ings accurately depict the Works
as constructed; and
(b) a statement b~, an Ontario Land Surve?r that ail standard iron bars as shown on the
registered plan, and survey monuments at all block corners, at the ends of all curves (other
than corner roundings) and at all points of change in direction of streets in the plan have been
found or re-established.
(4) Prior to ,~e end of the maintenance period· the 'l own wi:l re-inspect the Works and it;
(a) the Works are acceptable; and
(b) the Owner has performed all o£ its obligations under the terms of this Agreement to the
satisfaction of the Town,
the Town will issue to the Owner a Final Acceptance Certificate at which time the Town will assume
ownership of the Works and the operation and maintenance thereof, and the maintenance period will
then end.
(5)If upon the re-inspection conducted prior to the end of the maintenance period,
(a) the Works are not acceptable, or
(b) the Owner has not performed all of its obligations unuer the terms of this Agreement to the
satisfaction of the Town,
the Town will advise the Owner of thc deficiencies, the expected rectifications, and the time limited
for implementing the rectifications (the "rectification period") and the maintenance period shall be
extended to the end of the rectification period.
(6) At the end of the rectification period, the Town will re-inspect the Works and if,
(a) the Works are acceptable; and
(b) the Owner has performed all of its obligations under the terms of this Agreement to the
satisfaction of the Town,
8
the Town will issue to the Owner a Final Acceptance Cerfilicate at which time the Town will assume
ownership of the Works and the operation and maintenance thereof: and the maimenance perit~ will
then end.
(7) If upon the re-inspection conducted at ibc end of the rectification period,
(a) the Works are still not acceptable, or
(b) the Owner has not performed all of its obligations under the terms ~,1' this Agreement to the
satisfaction of the Town.
the Town's Director of Public Works shall determine, in his sole discretion, whether a further
rectification period will be granted~ and, if'so, upon what terms and conditions, or whether the
shall proceed under the provisions of section 19, or both.
21. PERFORMANCE AND MAINTENANCE SECURITY
ti) Before this Agreement will be executed by thc Town, the Owner shall file with thc town an
irrevocable letter of credit, issued by a chartered hank in Canada in thc form set out in Schedule B
and in an amount established b.~ thc Director of Public Works (the "original value"), as a
performance and maintenance sccurib t~t)r the pu,'pose oI~
(a) guaranteeing the salisl~ctor5 construction, installation or perf~)rmance of the Works:
(b) guaranteeing thc payment of an5 amounts P~5 able it) thc -I'ox~n under this Agreement:
{c) guaranteeing thc payment uf an5 amount that thc '[own may be required ~o pay under the
provisions of thc ( 'fJn,¥1t'llL'llllll /.IL'n ,-lc'l, O. all~ SUCCessor thereto, and
(d) guaranlccJng all % ul'ks, ~orkmtu~ship and malcrJals during thc mahllcnance period and
reclJficali(m period or periods and unlil a Final A~ccptancc ('cflificalc has been issued by the
'1'o~ n's I)irccl(~r of Public ~ orkh.
(2) The ()wner may. at an~ lime alicr Iht first 50 per cent. m value, o1' Works have been conslructed,
installed or performed, and paid l~)r. appl5 fi~r a reduction in the security and such application shall
be made lo thc 'l'o~n Treasurer.
(3) Upon written verification t?om the Director of Public Works that the construction, installation or
performance of the Works t~)r which reduction is being soughl have been satisfactorily completed
and paid t~)r, thc Town Manager ma) r~duc¢ thc amoun[ of the security to an amount not less than,
(a) 60 per cent of the original value where no cc~ificate or declaration of substantial
pcrl~)rmance has been made:
(b) 35 ~r cent of the original value where,
(i) a ce~ificate or declaration of substantial perfo~ance has been published:
(ii) 45 days following such publication have expired; and
(iii) all liens that may be claimed against any hotdback required to be retained by the
Town have expired or have been satisfied, discharged or provided for by payment
into coum
and
(c) 17 per cent of the original value where,
(i) a cc~Jficatc of final completion has been made by the Owner's Consulting Engin~r;
(ii) 45 days following the making of such ceflificate have expired;
(iii) all liena lhal may b¢ claim~l again~l any huldback require, d to
Town ~mve expired or have ~en ~tisfi~. di~hargcd ur pn~vid~ lbr by paymcm
into coum and
(iv) a Completion Acceptance Cc~il]catc ha~ ~cn isled by thc 'lt,wn'~ Ihrcct~r
Public Work~.
which i 7 ~r cent ~).i~,n shall secure thc guarantee of Works. workmanship and materials,
uniil a Final Acceptance ('c~il]catc has ~cn issued b)' Ibc Town's I)irccmr
when thc balance ~)l'thc sccurit) shall bc returned to thc Owner suhj~cl
r~lificution of
(4) Y~m th~ approval, if an), ~1' a r~duclion in Iht amounl of Ibc s~curil) r~quir~d
subs~lion (I), Ibc Town Manager or Ih¢ 'l'o~n 'rr~asurcr shall provid~ Io Ibc O~n~r
assurance to clTccl thc reduction,
22. OWNER'S C]ENEI~AL INDEMNFrY
Until th,: Town's Director of Public ~.'urks ha.~ issued thc Final A¢ceplance ('enilicate lbr thc ~urk~. the
Owner shall indemnit~ thc ~l'u~n ag;m~l all actions, cauls ,ff acti~ns, suits, claim~ and dcmand~
whatsoever, which ma) arise either dircctl) or indire~'tl~ b) reason of thc ()~ncr undertaking thc proiect ~r
servicing the Lands a~ required under tt~i~ Agreement
23. OCC'UI~ATI()NA!. It!iAI. HI AND SAI. I- I Y
(l) The Owner ccrlifics Ihal il in a~arc ,d' ils duties and obligatiuns under thc (h'CUl)llliinlilJ l/i'~z/Ih ~lnd
· ~t!/{'IY .'Jcl, or ali) successor th~'rclo, alld ;LII I{cguJall(qls Ihu'rCUlld~r (ill thin section called thc "Act"j,
(a) ar~ a~arc ot'lhcir rcspccll~c dtlJl~.% dlld obJlgall~Uis UlldCr Ibc Acl, and
ha~c nufficicnl km,~lcd~c and lrainm~ Io pcrlbrm all ~orks and scr~ ices required p~rsuanl
lo this A~rc~'lllClll
(2) In thc ~rlbmlance ol'atl ~n'ks and scr~ icon required pursuant h~ this A~rccmcnl, Ibc ()~ ncr shell.
(a) act sal~l) and compl) in all respects s~ ill~ thc Act. ~nd
(b) ensure that its cmplo)ccs, conlraclors, subconlra~lors and their cmplo)c~s acl salbl> and
compl) in all respects ~ ith thc A~I.
(3) The Owner shall r~ctil~, an) unsafe act or practice and anz non-compliance whh thc Act
immediatel~ upon being nolitied b~ an) person (ff the ~xistcncc of such acl, practice or non-
compliance.
(4) Thc Owner shall permit repcescntaJivcs of thc Town on the site wh~rc anX works or services required
pursuant to this Agreement are bein~ pcrlbrmed at anX time or times for thc purpose oF inspection to
determine compliance with this s~ction.
(5} No act or omission b~ th~ Town or anX representative oF thc Town {including the entering hm~ of
this Agreement) shall b~ d~cmcd to be an assumption of any of thc duties or obli~ations of thc
Owner, its ~mploxe~s, contraclors, subconlractors and their ~mploxe~s under thc Acl.
(6) In addition to thc Owner's general indemnification oF thc Town pursuant lo scclion 2], above, the
Owner shall indemnif~ and save harmless thc Town,
(a) from an~ loss, inconvenience, damag~ or cost to the Town which max result from th~ Owner
or ~n~ of its emploxees, con,actors, subcontractors and their employees ~ailing to act
or to comply in all respects with th~ Act in the performance of any work m' service t:qui~d
pursuant to this Agreement; and
(b) altainat ~my action or claim, or co~ts related thereto, brought al~ainst tl~ 'lown b~ any
ariaiflt~ out of any un~af¢ acl or practice or any non-compliance with thc Act by thc Owner or
any or its employees, contr~ctor~, sub~ontractor~ and their cmph~yccs m tl~ p~rfi~rmancc
any work or ~rvice r~quircd pursuant to this Agreement.
LIABILITY ItqSLJl~^l~C't~ I'ol.K'¥ / ~,.owsloN FO~
(I) ltefi~rc thi~ A;~ement ~ill ~ executed by t~ lo~n, thc (}w~r ~hall file ~ilh thc 'lo~n a
('cnificatc oI' insurance ~cril~mg ~hat a Liahilil) Insurance I'(dJcy is in olivet. ~cttin~ out thc
c~nlial Icrm~ and condilions of thc J,surancc. und nalilJll~ thc Io~n as additional numcd in~urcd.
,11 ol' which ~lmll ~ 5uhjccl lo thc approval of Ibc 'l'o~n
Thc ~dicy ~all compl) ~iLh thc lbllo~ing pro~
(a) thc minimum limit ~r occu~cncc shall ~ $5,000.0(N) all inclusive fbr pro,n) damage ~nd
~rsonal tiahili[);
(h) il shall not conl~in a clause l~r exclusion Ibr hl~slin~; and
it} il ma} nt~l hc cancelled unlc~ prior notice h} registered letter has ~cn given
thc insurer thin} da)s in ad~ancc .l'lhc c~pir} date.
(3) Thc ~lic) premium musl ~ paid initiall~ l~r a period ol'onc )car and th~ p~di~) shall I~c rcnc~cd
tbr tb~hcr one year ~riods tlolil thc t'inal Acceptance Cc~ificalc ha~ hccn issued h}
I)ircclor of Public ~ ork~.
(4) If thc D~lic~ c,~cragc ~ ~uhlccl t,, a dcducHhlc amount, thc ()~ncr shall file ~ill~ linc l.~n, ~hcn
tiling Ibc Ce~ificatc of Insurance. a co,ii,cd ~hcquc or letter of crcdil ~ith die logan in thc
dcductihlc amount, a~ a dcD)~it. I~udlcr ~llb a Icttcr l~om thc (h~ncr ambori/in~ thc
app~Hnl an mdcl~ndcnl adR~tcr ;md h~ ill~c~li~alc claim~ 1~ than thc deductible amount and
authorizing thc logan to pa~ ~u~'h claml~ dccmcd ~ ulid h~ thc adiu~lcr ~tlt .f thc deposit: lbe
shall he rcs~msihlc fi~r all adBlslmcnl ~cr~ ~cc co~t~ und ~hall maintain Ibc dc~sil tbr~ughout thc
tc~l ofthi~ agreement m ~hc unlounl ~'~t Ih~ deductible
Thc provisi~m of thc insuruncc D~lic) required hx this sccti~n shall not relieve thc ex, ncr l?om
liabilil) lbr ~laims not coxcrcd bs ibc ~dic) or ~hich cxcccd ils limils, if an), fi~r ~hich Ibc O~ncr
may bc held responsible.
PART 3 - I)EVELOI'IN¢; ]'lie PRO.IECT
25. CONSTRUC'FION AND OCCUPANCY OF BI/ILI)INeJS
(I) No building permit shall be issued for any building or part ora building on the Lands until,
(a) all buildings and structures on the Lands prior to draft plan approval have been demolished
by thc Owner;
(b) sewer and water facilities arc available, and in thc opinion of the Town's Director of Public
Works, capable of providing adequate service;
(c) an asphalt base has been laid on the road immediately in front of thc building or pan thereof
and extended to an existing maintained road; and
(d) the Owner has paid to the Town the applicable development charge for each dwelling in that
building or part thereof in accordance with By-law 3854/91, enacted pursuant to the
Development Charges Act,
(2) No building or part of a building on the Lands shall be occupied except upon the issuance oF a
municipal occupancy permit.
(3) No application for a municipal occupancy permit for a building or part of a building shall be made
except upon the lbllowing conditions:
li
~e ~h ~i~ing or ~n ~rc~*l~
(b) electric ~icc i~ cmnpl~t~d m~d in ~rati.n; and
s~h cu~h. a~ in ~ opinhm of t~ ]'.wn'~ I)imcbw t)t' Public W-~. arc required t,~ ~
buildin~ or ~n t~rcof and cxtcnd~'d t. an cxi~liflg mainlined ~hlic road
· r plan a~ Ibnnall) a~m~d b) thc I.~n
~)ESIGN PLANNING- Rt,sID!*~N IIAI. i, NI f.~ AND NOISt{ ~I'I]~NUAt'IO~ ~] gl'c!
~ior to thc is~ncc of an} ~ildmg ~rllltl t~r thc condition of an) residential und on thc I.and~
and ~c const~tmn of an~ noir* attenuation ~tructu~ in or adjacent to t~ pnUccl, thc O~ncr
~ubmit to thc I'~mn's Director of Planning. l~*r appm~ al, a rc~ outlining ~sli~g and
~sign obtccm~ l~r thc
I'hal ream ma) ~ rcquircd, al lite Dircclor% option, h, prt,~ talc thc Iblh,~ m~ inl~,rmalion:
(al ht~u~ ma~ing;
(h) ~lrcct~at~,
exterior fnalcrial~ and
Id) arclmc, tural ~t~ lc.
~ i~tlai ~ ;trlct),
thc ()s~ncr nhall MI{tIilII I0 thy I~asn's Ihrcct,~r ol iqagmmg, fi,r approval, site plans and ardihectural
dru~inss t~)r lhal uiItt
Those plans and dra~in~n ma~ ~ rcqmrcd, a~ Iht I)ircc~r's oplion, ~o prmidc d~c
mfisrmali~m:
(a) thc Iocalmn (~I' alt braidings and ntru~lurcs to hc erected and Ibc location of all iAcililics and
~orks assoCialcd lhcrc'~ ilh:
(b) thc h~cati(m of landscaping features, including Irccn to b~ preserved:
(c) streelsca~ lbr I~mt, rear and l]ankagc elc~ ations at a scale acceptable lo thc I)ircclor;
(d) strcctsca~ lo sho~ all street t~lrnilurc and
(e) thc relalionship of buildings b~ blocks; and
any other data or infbrmation rcasonabl) required.
27. SPECIFIC PROVISIONS RI';SPECTIN(i I)I~VI-.'I.OPMENT
The Owner shall comply with an)' specilic provisions respecting the development of this project set out in
Schedule D.
PART 4 - FINANCIAL MATTERS
28. EXPIRY OF SECURITIES
(I) Should any letter of credit security required to be provided hereunder expire belbre the Town
releases the Owner from the terms and conditions hereof~ 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 in a form and amount satisfactory to the Town.
12
~~.% AND O'1 !ti;~K CI.AIM~
( I ) Ihe O"~nor ~hall di~c o~ ~alc afl~ licn~ (~ ~l~ifn~ filed ~ith I~ I ()~n (. rcK~lcrcd ~m titk'
(2) Al t~ C~ el ~' main~c ~n~, a~ ~xte~ ~rin~ an~ r~td~ali~m ~ri~. t)~ l ~nc~ ~ail
file ~i~ ~ I ~ n a ~tuto~ I~laratkm ~tm~
(a) aU material> ~,c ~en ~u~ticd ~ ali >:~cc> and ~,~rk~ tm~c ~n ~,,mr:c~cd ,.
~tUc[*t ~ Ith rc~cl to thc ~on~tr~tion a~ in~l~ti~m ~t' ~'o~ a~ o~r ~r~
ih) al~ ~c(tunt~ l~)r ~rk ~r ~n~'c ~rl[t~ a~ matcriat~ pl~cd or lbmi~d u~m ~r
~>~ct of t~ ~m>t~tion and m~llal,~m ~!* ~ o[k~ ~d ~r ~P~ icc~ in thc projc['t ha*
A~e~ A~ againsl thc I o~ n et an~ I.~,-o~ ned land;
t~rc arc m~ j~gmcnt~ or c~ccut~on~ filed against thc
(d) nothing i~ o~cd b~ thc ()~ncr or ~lam~cd against ii lbr uucmplo~m~ttt hl~ancc dcduction~.
Ibc ()~tler ha~ mq made an~ a~l~ttlll~nl tot ttl~ ~itcl~t o1' crcditof~, nor ha~ atl~
order ~cn mad~ a~aln~t ii m~dcr thc l{~,~ruUh ~ -hi. flor ha~ an~ ~'tit,~n fi~r ~hch an order
~n ~r~d ~lffm thc (k~ncr.
4~ du~ ha~c pa~cd ~mcc th~' conl~lclion of' thc COlI~trtlclion. in~tallation, and
30. PAYMI:.NI' OF INI l:Rl:.~ I ( )N ( )VI .RI)I I. ,,\~;( )t ,'x 1% I'.~ Y,\III,I~
Thc Ov, ner shall pa.*, intcrcsl at thc Il,ftc ol 18 i',¢r cent per ~car to thc lou. n on all ~iunls (it' 111011C.~ pa.~ah',~
hereunder which arc not paid on Ih¢ du:: d;~.lc,, calculated from ',uch due dates.
31. PAYMENf OF REAI.TY AND BI ~SINI'LhS 'l AxEs: I.OCAI: IMP,ROVEMt{NT CttAR(iES
(I) Thc Owner shall pa3 in full as the) come due all rcah) and business taxes assessed against the I.ands
or thc Owner as required b.~ la~ lycra time to time.
(2) Befbre this Agreement ~a ill be executed b) the To~n, the Owner shall commute and pa)* to the l'own
or to the Regional Municipality of Durham all local improvement charges assessed against ihe lands
in the plan.
32. PAYMENT OF DEVELOPMENT Ch ,RGES
(i) The Owner shall pay to the Town, in accordance with the Development C'harges Act and tile Town's
Development Charges By-law 3854/91, development charges for each dwelling unit within the
project.
(2) The amount of the development charge tbr each dwelling to be erected in the plan shall be the
amount set out in Schedule C for that type of dwelling, as adjusted annually in accordance with
Schedule C.
(3) Where a development charge is payable for a dwelling located on a parcel of land comprised of land
in this plan and land not in this plan, the amount of the development charge payable for thal dwelling
shall be the amount calculated in accordance with the provisions of the subdivision agreement for
the most recently registered 0f thc plan or plans within which the parcel is located.
(I)~ Prior to the ml~so for r~$imatton of'this plan; the Owner ~hall pay by c~nifi~d cheque to the Town
an En$in~erin$ Drawing ]~t~pection F~e In the amount set out in Schedule C lbr the examin, t~ion end
inspection done by the 'l'~,wn's Public Works Department in the processing of ~he engineering
drawinl~ for this project,
(2) Prior to this Asreement being submi~d to Town Council for consideration, the Owner shall pay by
oertJfied obeque to the Town a Subdivision Agreement Processing Fee Jn the amount set o_ut in
Schedule C for the preparation and processing of this Agreement by the Town's Legal Servicgs
Department,
(3) Prior to the release for registration of this plan, the Owner shall pay all registration costs incurred by
the Town relating in any way to the registration of thc plan of subdivision, this Agreement, or any
other docun~ntatJon, including transfers, in the Land Registry Office.
PART 5 - TRANSFERS AND REGISTRATIONS
34, TRANSFERS OF LANDS OR [NT[~I~ESTS IN LANDS OR pAyMENTS IN LIEU THEREOF
(1) Prior to the release for registration of this plan, the Owner shall convey or cause to be conveyed to
the Town, free and clear of all encumbrances and at no cost to the Town, all of the lands or such
interests in lands identified in Schedule A for the purposes set out therein.
The Owner hereby warrants that. upon such conveyance, neither the title to the lands conveyed nor
their physical state and condition shall prevent the Town from lawfully or physically using the lands
for the purposes for which they are being conveyed as set out in Schedule A.
(3) Where none of the lands identified in Schedule A are to be conveyed for parkla~M purposes, the
Owner shall pay to the Town, before this Agreement will be executed by the Town, an amount
calculated in accordance with the provisions of Schedule A in lieu of a parkland conveyance.
(4) Any TransfedDeed given pursuant to this Agreement shall be in a form acceptable to the Town
Solicitor and any Tranafer/D~:d of a storm drainage works easement shall contain the Storm
Drainage Works Easement Schedule set out in Schedule A.
(5) The Town may complete or alter any description of land in this Agreement or in any Transfer/Deed
given pursuant to this Agreement so as to make the description correspond with the description of
the land according to the plan which is to be registered pursuant to this Agreement.
RELEASE OF THE PLAN F. OR REGISTRATION
Before the Town will advise the Regional Municipality of Durham that the conditions of Draft Approval
affecting the Town have been satisfied, the Owner shall deliver to the Town the following:
(a) four red-lined copies of this Agreement execu;ed by the Owner and all Encumbrancers;
(b) all monies, securities and insurance required by this Agreement;
(¢) three executed copies, in a form suitable for registration, of each Transfer/Deed required by section
34 respecting the conveyances idcmified in Schedule A, and one draft copy of each required
reference plan.
(d) a certificate of clear title to the Lands being conveyed to the Town, from the Solicitor {'or the Owner,
in favour of the Town which certificate shall be prepared in a form acceptable to the Town Solicitor
at no cost to the Town.
(I) This Agreement shall be r~gistered by the Town in th~ Land Rogir, try Offl~ in either the Land Titles
DiVision (No. 40) or th~ Land Rcgi~ Division of Durham, whichever is applicable m th~ system in
whloh the lands lie.
(2) Prior to the registration of this Agreement,~the Owner shall pay all registration costs relating in any
way to the registration of this Agreement, or any other documentation relating to this project.
(_3) Prior to the registration of this Agreement, the Owner's Solicitor will provide, at the Owner's
expense, a certificate oftit!c, to thc satisfaction of thc Town Solicitor, of all thc lands and interests of'
lands conveyed to the Town as set out in Schedule A hereto.
(4) Thc Owner shall indemnify and save harmless the Town from any loss, inconvenience or damage
which may result to the Town from the Owner's failure to comply with subsection (2) and against
any action or claim made against the Town by any person other than the Owner arising out of thc
~xecution by the Town of this Agreement.
(5) The Owner shall give to every purchaser of thc Lands or any pan of the Lands actual notice of the
existence and the terms of this Agreement and shall include an acknowledgment in any offer to
purchase or other similar document dealing with the Lands, or any part of them.
(6) The Owner shall execute such further assurances of the rights hereby granted as may be deemed
necessary by the Town,
tN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to by
the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
BALLYMORE BUILDING (P1CKERING) CORP.
[person], ~pusition]
[person], [position]
We have the authority to bind the oorporation.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
/~ruc~aylo ,l~C~e~k ~/ ~] ~.
TRANSFEI~ OF LANDs oR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF
(Section 34)
CONVEYANCES REOUIRED TO BE MADE TO THE TOWN
Land t0 be Conv~y~ Purpose Interest to be Convevexl
Block 28 and 29 Reserves Fee Simple
Any portion of thc lands Storm drainage works Easement
determined by the Town's
Director of Public Works
Any lands outside the Lands Storm drainage works Easement
determined by thc Town's
Director of Public Works
2. CALCUI~ATION OF AMOUNT PAYABLE IN LIEU OF PARKLAND CONVEYANCE
Prior to the registration of the plan, the Owner shall obtain a written appraisal, prepared by a professional
land appraiser acceptable to the Town, of the value of the land in the plan as of the day before draft plan
approval and shall pay the sum equal to five percent of that appraised value, which sum shall be provided in
the form &cash or certified cheque, and which sum the Town shall accept in full satisfaction of the Owner's
obligation to provide park;.nd.
3. STORM DRAINAGE WORKS EASEMENT REFERENCE PLANS
(1) Before the Town will advise the Regional Municipality of Durham that the conditions of Draft
Approval affecting the Town have been satisfied, the Owner shall obtain and deliver to the Town
one draft copy of each proposed reference plan required to effect the conveyance of the specific
;, i casements referred to in section 1 of this Schedule.
(2) Upon the completion of the construction and installation of thc storm drainage works within each
easement shown on any proposed reference plan, thc Owner's Consulting Engineer shall advise the
Town*s Director of Public Works of the actual location of thc works in relation to the proposed
easement or easements, and if the Director is satisfied with the actual location of the works, the
Owner shall register that reference plan and provide four copies &the plan as registered to the Town
Solicitor.
(3) if thc Town's Director of Public Works is not satisfied with thc actual location of the works in
relation to thc proposed easement or easements, the Owner shall obtain and deliver to the Town one
draft copy of a revised proposed reference plan, and the provisions of subsection (2) and of this
subsection will continue to apply.
(4) Where thc Town*s Director of Public Works determines that thc Town requires easements not
specifically referred to in section I of this Schedule, thc Owner shall obtain and deliver to the Town
one draft copy of each proposed reference plan required to effect the conveyance of the such
easements within 30 days of the Town's request to do so, and the provisions of subsections (2) and
(3) will apply;
41 STORM DRAINAGE WORKS. ~ASEMENT SCHED.ULE
Where a conveyance of an easement is for storm drainage worlcs purposes, the following Schedule shall be
:~ . attached to the Transfer/Deed of Easement: =
SubJeCt to the following terms and conditions, the free, uninterrupted and unobstructed right and easement va
lay, construct, open, re, maintain, inspecL alter, repair, rcplae, e, reconstruct and remove storm drainage works
together with appurtenances thereto (herein called the "works"), in, over, along, across, upon and under the
land de~rtbed in aox 5 (herein called the "lands"), and to drain storm water in, over, along, across, upon
and under the lands, together with the right to the Transferee, its servants, agents and contractors with all
necessary vehicles, supplies and equipment to enter onto the lands and pass and repass over the lands for the
purpose of exercising or enjoying any of the rights granted herein.
The terms and conditions which the parties hereto covenant and agree to observe and be bound by are as
follows:
I. Thc Transferee shall, except in case of emergency, before commencing any work authorized hereby,
give to the Transferor forty-eight hours previous written notice thereof, and in cases of emergency
such previous notice thereof as is reasonably possible.
2. Upon completion &any work. thc Transferee shall fill in all excavations, restore fences, and restore
the surface of the ground by restoring all topsoil and grass cover disturbed thereby, and do necessary
grading to ensure soil and slope stability, and remove all equipment.
3. The Transferor shall not erect any building or structure (except a fence) on the lands, and shall not
place or remove any fill on or from any part of the lands without the previous written consent of thc
Transferee.
4. The right and easement granted herein shall be subject to al! leases, licences, sad any rights of use or
occupation existing at the date hereof, and thc Transferor may from time to time renew or extend
these or make new ones, so long as they do not interfere unreasonably with thc right and easement
herein granted.
5, The Transferor hereby releases thc Transt'cree from any claim which may arise out of the exercise by
the Transferee of the right and easement granted hereby or which may arise out of the existence of
the storm water or thc existence, operation or non-operation of the storm drainage works provided
the Transferee has complied with all of thc terms and conditions herein.
6. The Transferor shall execute such further assurances of the right and easement granted hereby as the
Transferee may reasonably request in writing.
7. The burden of this Transfer and of all the terms and conditions contained herein shall run with the
lands.
8. This Transfer and all of the terms and conditions contained herein shall enure to the benefit of and be
binding upon thc Transferor and the Transferee and their respective heirs, executors, administrators,
successors and assigns.
LAND BENEFITTED (DOMINANT TENEMENT)
9. The benefit of this Transfer and all of the terms and conditions contained herein shall run with all
other lands and interests in lands owned, occupied or used by the Transferee for the purpose of
operating and maintaining storm drainage works.
ILI~QUIRED FOiI.M FOR PERFORMANCE AND MAINTENANCE SECURITY LETTER OF CREDIT
(Section 2
To: The Corporation of the Town of Ptckerlng
Pickerlnl~ Civic Centre
One The Esplanade
Piekering, Ontario
LtV6K7
We hereby authorize you to draw on Iname of bankl, laddress of bank], t~)r account of [name of company or
companies obtaining seeurit~,'~ ,.:p to an aggregate amount of lamount of security in figures and in full] available
by drafts at sight for 100% o~'demand as follows:
Pursuant to the request of our customers(s), the said [name of company or companies obtaining security], we
[name of bank], [address of bank], hereby cstablish and give to you an irrevocable Letter of Credit in your favour
in the total amount of ]amonnt of security in numbers and in words] which may be drawn on by you at any time
and from time to time upon written demand for payment made upon us by you which demand we shall honour
without enquiring whether you have a right as between yourself and our said customer(s or any of them) to make
such demand, and without recognizing any claim of our said customer(s or any of them).
Provided, however, that you arc to deliver to [name of bank]. [address of bank], at such time as a written demand
for payment is made upon us a certificate signed by you agreeing or confirming that monies drawn pursuant to this
Letter of Credit arc payable to you or are to be or have bccn expended pursuant to obli§ations incurred or to be
incurred by you with reference to your file regarding a Subdivision Agreement dated [date of Agreement], between
[name of signatories to Agreement, other than Town and Encumbrancer(s)] and The Corporation of the Town
of Pickering; this Letter of Credit is given as thc Pcrtbrmancc and M~intcnancc Security required by section 21 of
that Asreemcnt.
Partial drawings are permitted.
The amount of'this Letter of Credit shall be reduced from time to time as advised by notice in writing given to us
from time to time by you.
This Letter of Credit will continue up to and including [date of expiry of Letter of Credit] and will expire on that
date and you may call l'or payment of thc tull amount outstanding under this Letter of Credit at any time up to the
close of business on that d;~te. It is a condition of this Letter of Credit that it shall be deemed to he automatically
extended for one year from the present or any t'uturc expiration date hereof, unless thirty days prior to any such date,
we shall ~otify you in writing by registered mail that wc elect not to consider this Letter of Credit renewed for any
such additional period.
Wc hereby covenant with drawers, endorsers, and bona fide holders of drafts drawn under and in accordance with
thc terms of this credit that such drafts Will be duly honourcd if drawn and negotiated on or before [date of expiry
of Letter of (2 red it].
The drafts drawn under this credit are to be endorsed hereon and shall state on their face that they are drawn under
[name of bank], [address of bank].
DATED this day of ,19
Instructions for completing Letter of Credit:
!. Letter of Credit must be typed on bank letterhead.
2. Information requir:d in square brackets must be provided where indicated, without brackets.
3. Phrases shown in round brackets must be included without brackets where there are two or more companies
comprising the customer.
4. The date in the sixth paragraph must be at [east one year from the date of the Letter of Credit,
5. The date in the seventh paragraph must be the same ns the date in thc sixth paragraph.
6. 13ank signatories must show name, printed or typed, and title, in addition to signature.
DEVELOPMENT CHARGES, ENGINEERING/LEGAL FEES, OTHER RELATED
DEVELOPMENT COSTS
1, DEVELOPMENT CHARGES PAYABLF
(I) Until and including October 7, 1997, the development charges payable under the Town's
Development Charges By-law 3854/91 for dwelling units within this project arc $5,502.
(2) From and after October 7, 1997, the development charges payable for dwelling units within this
project will be in accordance with the Town's Development Charges By-law in existence at the date
of such payment.
(3) Despite any provision of this Agreement, there shall be no development charge payable respecting
the construction ora dwelling unit on Lot I in this plan, if the owner provides to the Town's Chief
Building Official, satisfY, ct, ry evidence that a dwelling unit was located on the lands within this plan
and which dwelling unit has since, or will be demolished prior to the issuance of a building permit
for Lot I.
2. .E. NGINEERiNG DRAWING iNSPECTION FEE PAYABLF.
Prior to the release for registration of this plan, the Owner shall pay to the Town, the sum of $945, which
represents the amount of the Engineering Drawing Inspection Fee payable for this project.
3. SUBDIVISION AGREEMENT PROCESSING FEE PAYABLE
The Town acknowledges receipt, in tull, of the amount of $3,210 [$3,000 plus $210 GST.] which represents
the Subdivision Agreement Processing Fee payable for this Agreement.
~X9E~ED ~MaER 0F D~O,~
(I)This A~omont h~s~n ontered in~ with th~ ~xpec~tion that 27 dwellings am to ~ construc~d on
· e Lands, one each on Lots I to 27.
(2) If more or less than 27 dwelliags are to be =onstructed in this project, the Town at i~ sole di~retion
may require the Owner to obtain new approvals and authorizations under this Agreement and may
prohibit any development until tbe new approvals and authori~tions are obtained.
FENCING REQUIREMENTS
(I) Prior to the issuance of an occupancy permit thc Owner agrees to construct, at its sclc expense and to
the satisfaction of the 'Yown's Director of Public Works, a 1.8 metre high wood privacy fence along
the rear lot lira: of Lots I to 27, inclusive, to be designed and constructed such that the t~:nce does not
interfere with recommendations cfa Tree Preservation Plan.
(2) Despite the provisions of subsection (I), where the occupancy of the first dwelling unit occurs in
November or December of any year, the time limit for the erection of the fence shall be extended to
June 30th of the following year. in the event that the occupancy of the first dwelling unit occurs
during the months of January or February, the time limit for the erection of the fence, shall be
extended to June 30th of that same year.
3, DEMOLITION OF STRUCTURE~
(I) The Owner shall satisfy the Town with respect to the removal, demolition and/or retention of all
structures on the property prior to the issuance of the first building permit being issued.
(2) Prior to issuance of a Demolition Permit, the owner will grant a minimum of 48 hours site access for
Heritage Pickering or an approved alternate, to inspect and remove any objects it deems as
possessing merit of historic or architectural significance. The two parties will select a mutually
agreeable time period.
(3) Prior to the issuance of a the Owner shall satisfy the Town regarding the erection
of a plaque describing these lands as the previous place of residence of Monica Cook, and outlines
the significance and contributions of Monies Cook to the Picketing community.
4, CONSTRUCTION TRAFFIC ACCESS
The Owner shall ensure that construction traffic be restricted, wherever possible, to ensure that construction
traffic serving the development of this plan does not use, roads in the southerly, northerly and westerly
adjacent lands having occupied residential units fronting thereon.
5. SPECIAL, PROVISIONS RESPECTING GRADING
The Owner herein shall provide for approval by the Town's Director of Public Works a grading and control
plan with special emphasis on coordinating grades with adjacent residential lands and minimizing impact on
perimeter three stands.
.6. DEED RESTRICTIONS
!:?;' 'i~.'~ 'The ~er herein at :his own expense, agrees to place restrictions on deedsof created iota which address
!,!},:,'::i::-:'- continued tree preservafionand the prohibition 0f r~ar yard second storeydesks.
Tho ~a~tiOn~ mt out in tht~ S~bodulo r~pro~nt provisions not ~'eotin~ thc Town but required to bo inserted in this
Ag~traont by tho %nditions of Draft ApProval dated August 20, 1996, of Draft Plum 18T-94014 by the
Commissioner of Planntn8 oftbo Regional Municipality of Durham (the "Approval").
1. ~TROPOLIT~ TORON~F~ ~N~ REGION CONSERYATION AUTH?~TY~("~M.~T,R,~C.~A.'~')
M.T.R.C.A. requires that the Owner,
(I) prior to any on-site grading or construction or final registration of the plan, the Owner shall submit
and obtain approval from the Town of Pickering and the Metropolitan Toronto and Re§ion
Conservation Authority for reports describing the following:
(a) the intended means of conveying stormwater flow from the site, including use of stormwater
management techniques which are appropriate and in accordance with the provincial
guidelines;
(b) the anticipated impact of the development on water quality, as it relates to fish and wildlife
habitat once adequate protective measures have l~en undertaken; and
(c) the means whereby erosion a sedimentation of their effects will be minimized on the site
during and al~er construction, in accordance with provincial guidelines. The report must
outline all actions to be taken to prevent an increase in the concentration of solids in any
water body as a result of on-site, or other related works, to comply with the Canada Fisheries
Act.
(2) agrees to carry out the works referred to in Conditions a, b and c, above to the satisfaction of the
Metropolitan Toronto and Region Conservation Authority;
(3) agrees to maintain all stormwater management and erosion and sedimentation control structures
operating and in good repair during the construction period, and storm runoff overland flow routing
in a manner satisfactory to tM Metropolitan Toronto and Region C,:;nservation Authority.
2. MINISTRY OF CIT[ZENSHIP, CULTURE AND RECREATION
The Owner shall engage, prior to final approval, a qualified professional to carry out, to the satisfaction of
the Ministry of Citizenship, Culture and Recreation, an archaeological assessment of the entire development
property, and mitigate, through preservation or resource removal and documentation, adverse impacts to any
significant archaeological resources found. No grading or other soil disturbances shall take place on the
subject property prior to the Ministry of Citizenship, Culture and Recreation confirming that all
archaeological resource concerns have been met including licensing and resource conservation requirements.
I gr,.94Ol4
($) DIIC~l)tk)n Thil il l: Property Properly
Diviaion [] ConK)limlt~on
New Propm'ty Identifierl
Addilionel:
Sc~u~
(I) T~ (a) N~R~ript~Ea~nl :~ (b) ~hedule for: A~i~l (~ F~
Tr~r~l) The transferor ~eby tramf~ the land to t~ transfe~ ~d ~ifi~ that t~ transferor is at I~st eight~n y~rs old a~ t~t
Date of Sig~ture
(~) S~l) of Trenlf~o~l) I ~r~y con~nt to th~s tran~ct~ Dat~
Na~(s) S~g~ture(s) Y M D
t T~r~s) Date of
Date ol Signature ~ate of
Y M O Y M
~ ~[ ~ t[a~ ~ ~t ~av~e mai ~ a~ ~ on ~ ~ntor~on suppl~ by ~e ~anderor, to t~ ~ of my k~w~ and
~ Y M
(14) ~EO~ for Tranquil) I ~ve inv~a~t~ the l~ to ~A ~d and to ab~ng ~ w~re reev~t and I am ~t~f;~ l~t the ti~
~1 ~ ~avem~.~ ~ ~ i~e ~ (2~) (cHit) ~f t~ pAnni~ A~ and that to the ~ of my k~wl~ and ~ ~ s tr~r
N~ ~ ~ of S~tum
~ F~ ~ T~
-- L Ld * ~ Tm~ T~