HomeMy WebLinkAboutBy-law 5227/98THE CORPORATION OF THE TOWN OF PICKER1NG
BY-LAWNO. 5227/98
Being a by-law to authorize the execution of a Subdivision
Agreement and related documentation proposing to subdivide part of
Lot 30, Concession 3, Pickering (704858 Ontario Limited/Laurene
Gertrude Forbes and William Percy Forbes, Draft Plan 18T-
87065A).
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 30, Concession 2, Pickering, has been
approved by the Ontario Municipal Board as Draft Plan 18T-87065A, subject to several conditions, one of which requires the
entering into of a satisfactory Subdivision Agreement with The Corporation of the Town of Pickering, pursuant to the
provisions of the Planning Act, 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 Pickering may pass by-laws for acquiring any land or interest therein for the purposes of the
corporation;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement substantially in accordance with
the form attached hereto as Schedule A, between 704858 Ontario Limited/Laurene Gertrude Forbes and William
Percy Forbes and The Corporation of the Town of Picketing, respecting the development of Part Lot 32, Concession
1, Picketing, being Draft Plan 18T-7065A.
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 for the purposes
set out therein.
o
The Mayor and Clerk are hereby authorized to execute Transfers/Deeds 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 land in the
nature of storm drainage works easements respecting the development of Draft Plan 18T-89106.
BY-LAW read a first, second and third time and f'mally passed this 9th day of March, 1998.
Wayne Arthurs, Mayor
~Clerk~'~
TOWN OF'
PICKER~NG
File: 18T-87065A
Schedule A
THIS SUBDIVISION AGREEMENT made March 9, 1998, pursuant to the provisions of section 51 of the Planning Act,
R.S.O. 1990, chapter P. 13,
BETWEEN:
LAURENE GERTRUDE FORBES,
WILLIAM PERCY FORBES
and
704858 ONTARIO LIMITED
herein collectively called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to subdivide Part of Lot 30, Concession 2, 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 Number 18T-87065A, and is required as a condition of approval thereof to enter into a
subdivision agreement with the Town pursuant to section 51 of the Planning,4ct, R.S.O. 1990, chapter P. 13;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the Town consenting to the
registration of the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and
agree one with the other as follows:
PART 1 - INTERPRETING AND APPLYING THIS AGREEMENT
LAND AFFECTED
The lands affected by this Agreement (the "Lands") are Lots 1-18 and Block 20, Plan 40M-
Pickering.
STATUS OF THIS AGREEMENT
(1)
In the event the plan of subdivision is not registered on or before November 9, 1998, this Agreement
shall be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or
damages suffered by the Owner as a result thereof.
(2)
This Agreement is entered into and executed by the Owner for the purpose of having the Town act in
reliance on the covenants by the Owner contained herein and the Owner hereby waives any right or claim
which it now has or may hereinafter acquire which is inconsistent with the terms of this Agreement.
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 and D 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, estate, 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
(1) Any notice required to be given hereunder may be given by personal delivery or registered mail,
(a) in the case of the Owner, to
704858 Ontario Limited
c/o Grant Morris Associates
289 Starview Court
Picketing, Ontario
L1V 5V1
and
(b) in the case of the Town, to
The Town Clerk
The Corporation of the Town of Pickering
Picketing Civic Complex
One The Esplanade
Pickering, Ontario
L1V 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.
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.
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 for such other matters as
may be provided for herein.
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.
PART 2 - CONSTRUCTING THE TOWN'S SERVICES
CONSULTING ENGINEERS
(1)
The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all
the necessary engineering and to supervise the work required to be done for the development and
construction of the 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
O)
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 (b), 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 outlets;
(0
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 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;
(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
O) 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.
(2)
If at any time prior to the acceptance of the Works, the Town's Director of Public Works is of the opinion
that additional works are necessary to provide adequately any of the public services required by the
project, the 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
and workmanlike manner under the supervision of the Owner's Consulting Engineer and under the
observation of the Town's inspectors or, in the case of street lighting, Pickering Hydro's inspectors.
(4)
The 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.
(5)
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.
11.
GENERAL REGULATIONS RESPECTING SERVICING
(1)
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)
(4)
(5)
(6)
(7)
(8)
The Owner shall not dump nor permit to be dumped any fill or debris on, nor remove or permit to be
removed any fill from, any public lands, other than in the actual construction of roads in the project
without the written consent of the authority responsible for such lands.
The Owner shall not burn nor permit to be burned any refuse or debris within the project or adjacent to it.
The Town's 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 or installation of any services required by
this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of invoices being
rendered.
The Owner shall pay, within 30 days of invoices being rendered, the costs of,
(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 driveways or so close thereto, in the opinion
of the Town's Director of Public Works, as to interfere with the use of the driveway.
Unless otherwise 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 hereof.
The Owner shall provide and erect temporary 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 Pickering Hydro-
Electric Commission, Trillium Cable T.V. Limited or Bell Canada, as the case may be.
13.
TREE INVENTORY / TREE PRESERVATION PROGRAM
(1)
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 Planning for the review and approval of the Town'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 any tree.
(3)
In the event that any tree required to be preserved by the approved Tree Preservation Program is removed
or is, in the opinion of the Town's Director of Parks and 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) shall continue until,
(a)
where the lands upon which the tree is located comprise a residential building 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 / LOT DRAINAGE AND SODDING
(1)
The Owner shall submit to the Town, for 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.
4
(2)
(3)
(4)
(s)
The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications
and shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or
walkways unless provision is made for the installation by the Owner, at no cost to the Town, of 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.
The Owner shall grade all the 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.
If 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 topsoil 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.
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.
15.
AUTHORIZATION TO COMMENCE WORK
The Owner shall not 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 Solicitor;
(b)
all of the insurance requirements outlined in section 24 together with any securities required by this
Agreement have been provided to the satisfaction of the Town Treasurer and the 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, free 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
O)
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 of Public Works, for the purposes for which the Works are designed, and such use
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.
(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)
(2)
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 an 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.
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.
18.
COMPLETION DATES - TOWN WORKS AND SERVICES
(1) The Owner shall complete the Works in accordance with the following time limits:
(a) Town roads within the plan - two years from date of Authorization to Commence Work;
(b) Town roads adjacent to the plan - two years from date of Authorization to Commence Work;
(c) 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 of 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 to 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 year from date of Authorization to Commence
Work; and
C roads adjacent to the plan and 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; and
(j)(ii) noise attenuation fencing - prior to the occupancy of any dwelling adjacent thereto,
6
(2)
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.
Despite the provisions of subsections (1)(f)(i) and (1)(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
(D
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, defaulted in the performance of the
terms and conditions of this Agreement, then the Director may notify the Owner and his surety in writing
of the default or neglect and if the notification be without effect for seven days, then the Director shall
have full authority to make any payment or do any thing, including but not limited to obtaining materials,
tools and machinery and employing persons required for the proper completion of the Works or
rectification of the default, at the cost and expense of the Owner or his surety, or both.
(2)
In cases of emergency, in the opinion of the Director of Public Works, such 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 fee, by drawing upon the letter of credit filed with the Town under section 21.
20.
GUARANTEE OF WORKS, WORKMANSHIP AND MATERIALS
(1)
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 Owner's Consulting Engineer shall submit to the Town,
(a)
"as built" construction drawings for the Works complete as per Town standards, together with
that Consulting Engineer's certificate that those drawings accurately depict the Works as
constructed; and
(b)
a statement by an Ontario Land Surveyor that all standard iron bars as shown on the registered
plan, and survey monuments at all block comers, 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 the end of the maintenance 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,
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
7
(6)
(7)
(b)
the Owner has not performed all of its obligations under the terms of this Agreement to the
satisfaction of the Town,
the Town will advise the Owner of the 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.
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,
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.
If upon the re-inspection conducted at the 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 of 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 Town
shall proceed under the provisions of section 19, or both.
21.
PERFORMANCE AND MAINTENANCE SECURITY
(1) Before this Agreement will be executed by the Town, the Owner shall file with the Town an irrevocable
letter of credit, issued by a chartered bank in Canada and in an amount established by the Director of
Public Works (the "original value"), as a performance and maintenance security for the purpose of,
(a) guaranteeing the satisfactory construction, installation or performance of the Works;
(b) guaranteeing the payment of any amounts payable to the Town under this Agreement;
(c) guaranteeing the payment of any amount that the Town may be required to pay under the
provisions of the Construction Lien Act, or any successor thereto; and
(d) guaranteeing all Works, workmanship and materials during the maintenance period and any
rectification period or periods and until a Final Acceptance Certificate has been issued by the
Town's Director of Public Works.
(2) The Owner may, at any time after the first 50 per cent, in value, of Works have been constructed,
installed or performed, and paid for, apply for a reduction in the security and such application shall be
made to the Town Treasurer.
(3) Upon written verification from the Director of Public Works that the construction, installation or
performance of the Works for which reduction is being sought have been satisfactorily completed and
paid for, the Town Manager may reduce the amount of the security to an amount not less than,
(a) 60 per cent of the original value where no certificate or declaration of substantial performance
has been made;
(b) 35 per cent of the original value where,
(i)
(ii)
(iii)
and
a certificate or declaration of substantial performance has been published;
45 days following such publication have expired; and
all liens that may be claimed against any holdback required to be retained by the Town
have expired or have been satisfied, discharged or provided for by payment into court;
8
(4)
(c) 17 per cent of the original value where,
(i) a certificate of final completion has been made by the Owner's Consulting Engineer;
(ii) 45 days following the making of such certificate have expired;
(iii)
all liens that may be claimed against any holdback required to be retained by the Town
have expired or have been satisfied, discharged or provided for by payment into court;
and
(iv)
a Completion Acceptance Certificate has been issued by the Town's Director of Public
Works,
which 17 per cent portion shall secure the guarantee of Works, workmanship and materials, until
a Final Acceptance Certificate has been issued by the Town's Director of Public Works, when the
balance of the security shall be returned to the Owner subject to any deductions for rectification
of deficiencies.
Upon the approval, if any, of a reduction in the amount of the security required to be provided in
subsection (1), the Town Manager or the Town Treasurer shall provide to the Owner any necessary
assurance to effect the reduction.
22.
OWNER'S GENERAL INDEMNITY
Until the Town's Director of Public Works has issued the Final Acceptance Certificate for the Works, the Owner
shall indemnify the Town against all actions, causes of actions, suits, claims and demands whatsoever, which
may arise either directly or indirectly by reason of the Owner undertaking the project or servicing the Lands as
required under this Agreement.
23.
OCCUPATIONAL HEALTH AND SAFETY
(1)
The Owner certifies that it is aware of its duties and obligations under the Occupational Health and
Safety Act, or any successor thereto, and all Regulations thereunder (in this section called the "Act"), and
shall ensure that its employees, contractors, subcontractors and their employees,
(a) are aware of their respective duties and obligations under the Act; and
(b)
have sufficient knowledge and training to perform all works and services required pursuant to
this Agreement safely and in compliance with the Act.
(2) In the performance of all works and services required pursuant to this Agreement, the Owner shall,
(a) act safely and comply in all respects with the Act; and
(b)
ensure that its employees, contractors, subcontractors and their employees act safely and comply
in all respects with the Act.
(3)
The Owner shall rectify any unsafe act or practice and any non-compliance with the Act immediately
upon being notified by any person of the existence of such act, practice or non-compliance.
(4)
The Owner shall permit representatives of the Town on the site where any works or services required
pursuant to this Agreement are being performed at any time or times for the purpose of inspection to
determine compliance with this section.
(5)
No act or omission by the Town or any representative of the Town (including the entering into of this
Agreement) shall be deemed to be an assumption of any of the duties or obligations of the Owner, its
employees, contractors, subcontractors and their employees under the Act.
(6)
In addition to the Owner's general indemnification of the Town pursuant to section 22, above, the Owner
shall indemnify and save harmless the Town,
(a)
from any loss, inconvenience, damage or cost to the Town which may result from the Owner or
any of its employees, contractors, subcontractors and their employees failing to act safely or to
comply in all respects with the Act in the performance of any work or service required pursuant
to this Agreement; and
(b)
against any action or claim, or costs related thereto, brought against the Town by any person
arising out of any unsafe act or practice or any non-compliance with the Act by the Owner or any
of its employees, contractors, subcontractors and their employees in the performance of any
work or service required pursuant to this Agreement.
24.
LIABILITY INSURANCE POLICY / PROVISION FOR DEDUCTIBLE
O)
Before this Agreement will be executed by the Town, the Owner shall file with the Town a Certificate of
Insurance verifying that a Liability Insurance Policy is in effect, setting out the essential terms and
conditions of the insurance, and naming the Town as additional named insured, all of which shall be
subject to the approval of the Town Solicitor.
(2) The policy shall comply with the following provisions:
(a)
the minimum limit per occurrence shall be $5,000,000 all inclusive for property damage and
personal liability;
(b) it shall not contain a clause for exclusion for blasting; and
(c)
it may not be cancelled unless prior notice by registered letter has been given to the Town by the
insurer thirty days in advance of the expiry date.
(3)
The policy premium must be paid initially for a period of one year and the policy shall be renewed for
further one year periods until the Final Acceptance Certificate has been issued by the Town's Director of
Public Works.
(4)
If the policy coverage is subject to a deductible amount, the Owner shall file with the Town, when filing
the Certificate of Insurance, a certified cheque or letter of credit with the Town in the deductible amount,
as a deposit, together with a letter from the Owner authorizing the Town to appoint an independent
adjuster and to investigate claims less than the deductible amount and authorizing the Town to pay such
claims deemed valid by the adjuster out of the deposit; the Owner shall be responsible for all adjustment
service costs and shall maintain the deposit throughout the term of this agreement in the amount of the
deductible.
(5)
The provision of the insurance policy required by this section shall not relieve the Owner from liability
for claims not covered by the policy or which exceed its limits, if any, for which the Owner may be held
responsible.
25.
PART 3 - DEVELOPING THE PROJECT
CONSTRUCTION AND OCCUPANCY OF BUILDINGS
(1) No building permit shall be issued for any building or part of a building on the Lands until,
(a) all buildings and structures on the Lands prior to draft plan approval have been demolished by
the Owner;
(b) sewer and water facilities are available, and in the 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 the building or part 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 following conditions:
(a)
(b)
storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve
such building or part thereof;
electric service is completed and in operation; and
10
(4)
(c)
such curbs, as in the opinion of the Town's Director of Public Works, are required to be
completed prior to occupancy have been constructed on the road immediately in front of the
building or part thereof and extended to an existing maintained public road.
The Owner shall maintain vehicular access to all occupied buildings on the Lands until the roads in the
plan are formally assumed by the Town.
26. DESIGN PLANNING - RESIDENTIAL UNITS AND NOISE ATTENUATION STRUCTURES
(1)
(2)
(3)
(4)
Prior to the issuance of any building permit for the construction of any residential unit on the Lands and
the construction of any noise attenuation structure in or adjacent to the project, the Owner shall submit to
the Town's Director of Planning, for approval, a report outlining siting and architectural design
objectives for the project.
That report may be required, at the Director's option, to provide the following information:
(a) house massing; (h) building envelopes;
(b) streetscape; (i) house designs;
(c) exterior materials and colours; O) siting;
(d) architectural style; (k) garage designs;
(e) visual variety; (1) locations;
(f) anergy conservation measures; (m) any other data or information reasonably required.
(g) projection from the main dwelling
Prior to the issuance of each building permit for the construction of a residential unit on the Lands, the
Owner shall submit to the Town's Director of Planning, for approval, site plans and architectural
drawings for that unit.
Those plans and drawings may be required, at the Director's option, to provide the following
information:
(a)
(b)
(c)
(d)
(e)
(f)
the location of all buildings and structures to be erected and the location of all facilities and
works associated therewith;
the location of landscaping features, including trees to be preserved;
streetscape for front, rear and flankage elevations at a scale acceptable to the Director;
streetscape to show all street furniture and vegetation;
the relationship of buildings by blocks; and
any other data or information reasonably required.
27.
SPECIFIC PROVISIONS RESPECTING DEVELOPMENT
The Owner shall comply with any specific provisions respecting the development of this project set out in
Schedule C.
28.
EXPIRY OF SECURITIES
(1)
(2)
(3)
PART 4 - FINANCIAL MATTERS
Should any letter of credit security required to be provided hereunder expire before 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.
Such further security shall be in a form and amount satisfactory to the Town.
Should no such further security be provided as required, then the Town shall have the right to convert the
expiring security into cash and hold the cash in lieu of and for the same purposes as the expiring security.
29.
PAYMENT OF LIENS AND OTHER CLAIMS
(1)
The Owner shall discharge or vacate any liens or claims filed with the Town or registered on title to any
Town-owned lands within thirty days of being requested to do so by the Town.
(2)
At the end of the maintenance period, as extended during any rectification period, the Owner shall file
with the Town a Statutory Declaration stating that,
11
(a)
(b)
(c)
(d)
(e)
(f)
all materials have been supplied and all services and works have been completed in the project
with respect to the construction and installation of Works and other services;
all accounts for work or service performed and materials placed or furnished upon or in respect
of the construction and installation of Works and other services in the project have been fully
paid and satisfied and no person is entitled to claim a lien under the Construction Lien Act
against the Town or any Town-owned land;
there are no judgments or executions filed against the Owner;
nothing is owed by the Owner or claimed against it for unemployment insurance deductions,
income tax deductions, or by way of contribution or assessment under the Workers'
Compensation ~4ct;
the Owner has not made any assignment for the benefit of creditors, nor has any receiving order
been made against it under the Bankruptcy Act, nor has any petition for such an order been
served upon the Owner; and
45 days have passed since the completion of the construction, installation, and last rectification
of the Works and services.
30.
PAYMENT OF INTEREST ON OVERDUE AMOUNTS PAYABLE
The Owner shall pay interest at the rate of 18 per cent per year to the Town on all sums of money payable
hereunder which are not paid on the due dates calculated from such due dates.
31. PAYMENT OF REALTY AND BUSINESS TAXES / LOCAL IMPROVEMENT CHARGES
(1)
(2)
The Owner shall pay in full as they come due all realty and business taxes assessed against the Lands or
the Owner as required by law from time to time.
Before this Agreement will be executed by the Town, the Owner shall commute and pay to the Town or
to the Regional Municipality of Durham all local improvement charges assessed against the lands in the
plan.
32.
PAYMENT OF DEVELOPMENT CHARGES
(1)
The Owner shall pay to the Town, in accordance with the Development Charges Act and the Town's
Development Charges By-law 3854/91, development charges for each dwelling unit within the project.
(2)
The amount of the development charge for each dwelling to be erected in the plan shall be the amount set
out in Schedule B for that type of dwelling, as adjusted annually in accordance with Schedule B.
(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 that dwelling shall
be the amount calculated in accordance with the provisions of the subdivision agreement for the most
recently registered of the plan or plans within which the parcel is located.
33.
PAYMENT OF ENGINEERING, LEGAL AND REGISTRATION FEES
(1)
Prior to the release for registration of this plan, the Owner shall pay by certified cheque to the Town an
Engineering Drawing Inspection Fee in the amount set out in Schedule B for the examination and
inspection done by the Town's Public Works Department in the processing of the engineering drawings
for this project.
(2)
Prior to this Agreement being submitted to Town Council for consideration, the Owner shall pay by
certified cheque to the Town a Subdivision Agreement Processing Fee in the amount set out in Schedule
B for the preparation and processing of this Agreement by the Town's Legal Services 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 the plan of subdivision, this Agreement, or any other
documentation, including transfers, in the Land Registry Office.
12
34.
PART 5 - TRANSFERS AND REGISTRATIONS
TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF
(1)
(2)
(3)
(4)
(5)
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.
Where none of the lands identified in Schedule A are to be conveyed for parkland 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.
Any Transfer/Deed given pursuant to this Agreement shall be in a form acceptable to the Town Solicitor
and any Transfer/Deed of a storm drainage works easement shall contain the Storm Drainage Works
Easement Schedule set out in Schedule A.
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.
35.
RELEASE OF THE PLAN FOR 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 executed by the Owner and all Encumbrancers;
(b) all monies, securities and insurance required by this Agreement;
(c)
three executed copies, in a form suitable for registration, of each Transfer/Deed required by section 34
respecting the conveyances identified in Schedule A, and one draft copy of each required reference plan;
and
(d)
a certificate of clear title to the Lands being conveyed to the Town, from the Solicitor for 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.
36.
REGISTRATION OF AGREEMENT
(1)
This Agreement shall be registered by the Town in the Land Registry Office in either the Land Titles
Division (No. 40) or the Land Registry Division of Durham, whichever is applicable to the system in
which 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 of title, to the satisfaction of the Town Solicitor, of all the lands and interests of lands
conveyed to the Town as set out in Schedule A hereto.
(4)
The 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 the execution by the
Town of this Agreement.
(5)
The Owner shall give to every purchaser of the Lands or any part 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.
13
IN 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
704858 ONTARIO LIMITED
John Calleri, President
I have the authority to bind the corporation.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
OBLIGATIONS OF LAURENE GERTRUDE FORBES AND WILLIAM PERCY FORBES
The obligations of Laurene Gertrude Forbes and William Percy Forbes under this agreement shall be limited to Lot 18
only.
SIGNED, SEALED AND DELIVERED
In the presence of
Laurene Gertrude Forbes
Seal
William Percy Forbes
Seal
ENCUMBRANCER - THE ROYAL BANK OF CANADA
The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this Agreement
shall take effect as though executed and registered prior to the creation of any such right or interest and prior to the
execution and registration of any mortgage, agreement or other document creating or defining any such right or interest;
And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance, easement
or other document given pursuant to this Agreement, shall have priority over the rights of the Encumbrancer in the Lands
with the intent that the Encumbrancer or anyone claiming under it shall at no time exercise in relation to the Lands any
right, title or claim which could not be exercised by the Owner by reason of the terms of this Agreement.
Dated at , this day of ,1998.
SIGNED, SEALED AND DELIVERED
THE ROYAL BANK OF CANADA
I/We have the authority to bind the corporation.
14
ENCUMBRANCER- 740713 ONTARIO LIMITED
The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this Agreement
shall take effect as though executed and registered prior to the creation of any such right or interest and prior to the
execution and registration of any mortgage, agreement or other document creating or defining any such right or interest;
And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance, easement
or other document given pursuant to this Agreement, shall have priority over the rights of the Encumbrancer in the Lands
with the intent that the Encumbrancer or anyone claiming under it shall at no time exercise in relation to the Lands any
right, title or claim which could not be exercised by the Owner by reason of the terms of this Agreement.
Dated at , this day of ,1998.
SIGNED, SEALED AND DELIVERED
740713 ONTARIO LIMITED
Sebastian Corbo, President
I have the authority to bind the corporation.
ENCUMBRANCER - WILLIAM AND LAURENE FORBES
The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this Agreement
shall take effect as though executed and registered prior to the creation of any such right or interest and prior to the
execution and registration of any mortgage, agreement or other document creating or defining any such right or interest;
And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance, easement
or other document given pursuant to this Agreement, shall have priority over the rights of the Encumbrancer in the Lands
with the intent that the Encumbrancer or anyone claiming under it shall at no time exercise in relation to the Lands any
right, title or claim which could not be exercised by the Owner by reason of the terms of this Agreement.
Dated at ., this day of ,1998.
SIGNED, SEALED AND DELIVERED
In the presence of
Laurene Gertrude Forbes
Seal
William Percy Forbes
Seal
15
SCHEDULE A
TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF
(Section 34)
CONVEYANCES REQUIRED TO BE MADE TO THE TOWN
Land to be Conveyed
Purpose
Block 19 Parkland
Block 23 Walkway
Any portion of the lands
determined by the Town's
Director of Public Works
Storm drainage works
Any lands outside the Lands
determined by the Town's
Director of Public Works
Storm drainage works
Interest to be Conveyed
Fee Simple
Fee Simple
Easement
Easemem
CALCULATION OF AMOUNT PAYABLE IN LIEU OF PARKLAND CONVEYANCE
The Town shall accept the conveyance of Block 19, free and clear of all encumbrances, in full satisfaction of the
Owner's obligation to provide parkland.
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 easements referred to in
section 1 of this Schedule.
(2)
Upon the completion of the construction and installation of the storm drainage works within each
easement shown on any proposed reference plan, the Owner's Consulting Engineer shall advise the
Town's Director of Public Works of the actual location of the 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 of the plan as registered to the Town Solicitor.
(3)
If the Town's Director of Public Works is not satisfied with the actual location of the works in relation to
the 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 the Town's Director of Public Works determines that the Town requires easements not
specifically referred to in section 1 of this Schedule, the 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.
STORM DRAINAGE WORKS EASEMENT SCHEDULE
Where a conveyance of an easement is for storm drainage works purposes, the following Schedule shall be
attached to the Transfer/Deed of Easement:
INTEREST/ESTATE TRANSFERRED
Subject to the following terms and conditions, the free, uninterrupted and unobstructed right and easement to lay,
construct, operate, maintain, inspect, alter, repair, replace, reconstruct and remove storm drainage works together
with appurtenances thereto (herein called the "works"), in, over, along, across, upon and under the land described
in Box 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.
16
The terms and conditions which the parties hereto covenant and agree to observe and be bound by are as follows:
The 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.
Upon completion of any work, the 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.
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 the
Transferee.
The right and easement granted herein shall be subject to all leases, licences, and any rights of use or
occupation existing at the date hereof, and the Transferor may from time to time renew or extend these or
make new ones, so long as they do not interfere unreasonably with the right and easement herein granted.
o
The Transferor hereby releases the Transferee from any claim which may arise out of the exercise by the
Transferee of the right and easement granted hereby or which may arise out of the existence of the storm
water or the existence, operation or non-operation of the storm drainage works provided the Transferee
has complied with all of the terms and conditions herein.
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.
o
This Transfer and all of the terms and conditions contained herein shall enure to the benefit of and be
binding upon the Transferor and the Transferee and their respective heirs, executors, administrators,
successors and assigns.
LAND BENEFITTED (DOMINANT TENEMENT)
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.
17
SCHEDULE B
DEVELOPMENT CHARGES, ENGINEERING/LEGAL FEES, OTHER RELATED
DEVELOPMENT COSTS
DEVELOPMENT CHARGES PAYABLE
(1)
Until and including October 7, 1998, the development charges payable under the Town's Development
Charges By-law 3854/91 for dwelling units within this project are $5,530.00.
(2)
From and after October 8, 1998, 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.
ENGINEERING DRAWING INSPECTION FEE PAYABLE
Prior to the release for registration of this plan, the Owner shall pay to the Town, the sum of $1,190.00, which
represents the amount of the Engineering Drawing Inspection Fee payable for this project.
SUBDIVISION AGREEMENT PROCESSING FEE PAYABLE
The Town acknowledges receipt, in full, of the amount of $3,210 [$3,000 plus $210 GST.] which represents the
Subdivision Agreement Processing Fee payable for this Agreement.
18
SCHEDULE C
SPECIFIC PROVISIONS RESPECTING DEVELOPMENT
o
°
EXPECTED NUMBER OF DWELLINGS
(1)
This Agreement has been entered into with the expectation that 34 semi-detached dwelling units, two
each on Lots 1-17, are to be constructed on the Lands. The plan also sets out one existing dwelling unit
on Lot 18.
(2)
If the final unit count exceeds 35 dwellings in this project, the Town at its sole discretion may require the
Owner to obtain new approvals and authorizations under this Agreement and may prohibit any
development until the new approvals and authorizations are obtained.
NOISE/VIBRATION ATTENUATION MEASURES AND WARNING CLAUSES
(1)
In the development of this project, the Owner shall implement the noise and vibration attenuation
measures recommended in the engineering report entitled Detailed Noise Report for Forbes Estate and
Norfinch Estate located in Part Lot 30, Concession 2, Pickering, prepared by Tarek Zayed, Professional
Engineer (Report No. W88-22 - Revision No. 2).
(2)
Upon the completion of the implementation of those measures, the Owner shall provide to the Town's
Director of Planning, a Certificate of Compliance from a Professional Engineer stating that those noise
attenuation measures have been implemented in accordance with that report.
(3) The Owner shall indemnify and save harmless the Town,
(a)
from any loss, inconvenience or damage which may result from the Owner failing to comply
with any provision of this section; and
(b)
against any action or claim made against the Town by any person arising out of the
implementation or non-implementation of the noise and vibration attenuation measures or out of
any failure to inched any required warning clause, or out of the execution of this Agreement with
this section in it.
DEMOLITION OF STRUCTURES
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.
CONSTRUCTION TRAFFIC ACCESS
The Owner shall make satisfactory arrangements with the Town of Pickering and the Region of Durham with
respect to temporary access from Finch Avenue for construction traffic and vehicular emergency access
purposes.
COORDINATED DEVELOPMENT
(a)
Prior to the issuance of any building permit on any of the lots within this plan, the Owner shall provide
satisfactory evidence to the Town that title to Block 20 has been conveyed to the owner of the easterly-
abutting lot (being Lot 82 of Plan 40M-1312), which shall be added for residential purposes to that lot;
(b)
Prior to the issuance of any building permit on any of the lots within this plan, the Owner shall construct
a fence along the westerly boundary of Block 20 to the satisfaction of the Town's Director of Public
Works; and
(c)
Until such time as the conveyance of Block 20 occurs, the Owner agrees that this Block shall be
maintained and kept in a clean and orderly manner to the satisfaction of the Town.
FENCING REQUIREMENTS
(1)
The Owner shall make satisfactory arrangements with the Town regarding the construction of fencing on
the east, west and north limits of the park block (Block 19) prior to the occupancy of Lot 12.
(2)
The Owner shall, at no cost to the Town, and subject to the noise attenuation requirements, extend the
appropriate fence commencing adjacent to Plan 40M-1312 and extending across the Finch Avenue
frontage of the plan save and except for the area required to accommodate the existing access of
proposed Lot 18 onto Finch Avenue, and to accommodate the walkway opening through Block 23.
19
(3)
Despite the provisions of subsection (1), 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.
7. SPECIAL PROVISION RESPECTING GRADING
The Owner shall make satisfactory arrangements with the Town, at no cost to the Town, for the provision of
catchbasins and berming to prevent drainage from the Ontario Hydro lands entering into the rear yards of the lots
adjacent to the Ontario Hydro lands.
8. INSTALLATION OF WALKWAY, SIDEWALKS/UPGRADING OF STREET LIGHTING
(a)
The Owner shall continue the sidewalk pattern established on Amaretto Avenue located in the adjacent
subdivision (Plan 40M-1312) by providing sidewalks on both sides of Amaretto Avenue to the
satisfaction of the Town's Director of Public Works.
(b)
The Owner shall satisfy the Town's Director of Public Works with respect to the installation of a
sidewalk and upgrading of street lighting on the north side of Finch Avenue, along the southern boundary
of the plan.
(c)
The Owner shall construct a walkway connecting the sidewalks on Finch Avenue to the sidewalk on
Amaretto Avenue through Block 23.
20
SCHEDULE D
ONTARIO HYDRO
The Owner agrees that prior to the initiation of any grading or construction, to erect a temporary fence or other
suitable barrier along the rear boundary of those lands abutting the Ontario Hydro Corridor.
The Owner agrees to install a permanent boundary fence to the satisfaction of Ontario Hydro on those lands
abutting the Hydro Corridor after all construction is completed and to provide to the Town satisfactory evidence
from Ontario Hydro that the fencing has been completed, prior to the final release of securities to the Owner.
The Owner agrees not to encroach on Ontario Hydro's property or to obstruct Ontario Hydro access to the right-
of-way.
Prior to the issuance of a building permit and prior to the servicing of the subdivision, the Owner shall submit to
Ontario Hydro for review and approval, a detailed grading and drainage plan showing existing and proposed
grades. Drainage in the plan must be controlled and directed away from Ontario Hydro property. ,
18T-87065A
21
Province
of
Ontario
New Property Identifiers
Additional:
Schedule
Executions
Additional:
See
Schedule []
SOtEI2tlI~ B
Transfer/Deed of Land
Form I -- Land Registration Reform Act
;(1)
Regislry [] Lind Tfllel [] ~2)
(3) ~ ~dl~//ll~a) Block Property
Amended NOV. 1992
A
(4) Consideration
Additional:
See
Schedule
Page 1 of pages
Dollars $
(S) De~edpllon This is a: Property Property
Division [] Consolidation []
(6) This (a) Redescription i (b) Schedule for: I (7) Intarest/Estata Transfen, e~
Document New Easement i Additional I Fee Simple
: Description [] Parties [] Other []
Contains Plan/Sketch []
'(8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
<
Date of Signature
................................................................. - .............. Y M D
Name(s) Signature(s)
I
(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Date 'of Signature
Name(s) Signature(s) Y M D
(10) Transferor(s) Address
for Sewtce
"(11) Transferee(s) Date of Birth
Y M D
THE CORPORATION OF THE
Wayne Arthurs, 5~yor
TOWN OF PICKERING
Bruce Taylor, Clerk
(12) Transferees) Address
icker3_n9 Clvlc Centre~ One The Esplanade, Pickering, On~nrio LiV 6K7
(13) Transferor(a) The transferor verifies that to the bast of the transferor's knowledge and balief, this transfer does not contravene section 50 of the Planning Act. <
Date of Signature Date of Signature
, Y , M, D, ,, Y M j D
S' nature ........... : ; : : S,gnature : : :
,de~,.e.rm!,n.e that t.his tr. ansfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and
oeuef, ires [rans~er ooes not contravene that section. ! am an Ontario solicitor in good standing. Date of Sinnature
cOINameand · ~ ¥ , ~: o
Address of , j :
Solicitcx Signature ........................... : ...... ,... J...
~ I (14) Solicitor for Tranaferee(a) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the tte records
I.~ ;,.I reveal no contravention as set out in subClause 50 (22) (c) (ii) of the Planning Act and that to the best of my knowledge and bailer this transfer
I~1 ,~ not contravene sectio~ 50 of the Plannim ~ct. I ac, ~r~per.~%, o~ ~ ~itor fo~ the transferor(s) and ~am a. O.ta,o ~ic,or in goo~ ~nding.
~ Name and Date of Signature
I._x ~ E! Address of Y M D
~ S'gnature ........................... ~ i j
15) ~l Roll Number
of Properly
~'(16) Municipal Addre~ of Property
' Cry. !Mun. i Map i Sub.
Par.
(17) Document Prepared by:.
Penny L. Wyger
Town Solicitor
Town of Pickering
One The Esplana_ _~_e
L1V 6K7
Registration Fee
Land Transfer Tax