HomeMy WebLinkAboutBy-law 4281/93 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAWNO, 4281/93
Being a by-law to authorize the execution of a
Subdivision Agreement and related documentation
respecting the development of Part Lot 24, Concession 2,
Pickering (Gossamer Hills lnc.; 18T-89077).
WHEREAS the proposal to subdivide and register a plan of subdivision of part of Lot 24, Concession 2,
Pickering, has been approved by the Ontario Municipal Board (O.M.B. File No. S910052) as Draft Plan
18T-89077, 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 provisions 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 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:
1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form
attached hereto as Schedule A, between Gossamer Hills Inc. and The Corporation of the Town
of Picketing, respecting the development of part of Lot 24, Concession 2, Pickering, being
Draft Plan 18T-89077.
2. The Corporation of the Town of Picketing shall acquire those lands or interests in lands
referred to in section 33 and identified in Schedule A of that Subdivision Agreement subject to
the terms and conditions and for the purposes set out therein.
3. 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.
BY-LAW read a first, second and third time and finally passed this 28th day of June, 1993.
Wayne Arth~s, Mayor
TOWN C, rz
$O-IEDULE 3.
THIS SUBDMSION AGREEMENT made June 28, 1993, pursuant to the provisions of section 51 of
the Planning Act, R.S.O. 1990, chapter P. 13,
BETWEEN:
GOSSAMER HILLS INC..
herein called the "Owner",
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to subdivide part of Lot 24, 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 lgT-89077, 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 Act, R.S.O. 1990, chapter P.13;
NOW THEREFORE, THIS AGREEMENT W1TNESSETH 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 - INi I~PR~'i ING AND APPLYI3IG THIS AGREEMENT
The lands affected by this Agreement (the "Lands") axe Lots I to 68, Plan 40M- ,
Picketing.
2. STATUS OF THIS AGREI~MENT
(1) In the event the plan of subdivision is not registered on or before February 28, 1994, 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.
(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.
This Agreement shall be enforceable by and against the Parties hereto, their heks, executors,
adrr~nistrators, 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.
(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
The President
Gossamer Hills Inc.
Suite 1102, 2837 Yonge Street
Toronto, Ontario
M4N 2.16
and
(b) in the case of the Town, to
The Town Clerk
The Corporation of the Town of Picketing
Picketing Civic Complex
One The Esplanade
Picketing, 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.
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 for such other matters as may be provided for herein.
8. OWNER'S EXPI3HSE
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 - CONS'I'RUC-~1NG THE TOWN'S SERVICES
9. CONSULTING F~GINEERS
(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 fomqally accepted by the Town.
-2-
(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 a~ the Owner has a
Consulting Engineer retained at all times.
I0. 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 (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;
(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 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
(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.
(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 oftbe 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, Picketing 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.
-3-
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) The Owner shall not dump nor permit to be dumped any fall 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.
(4) The Owner shall not bum nor permit to be burned any refuse or debris within the project
or adjacent to it.
(5) The Town's Dh'ector 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.
(6) The Owner shatl 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.
(7) 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.
(8) 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 Public
Works for the review and approval of the Town's Director of Planning and Director of
Coxrununity Services 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 Community Services
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
-4-
(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. GRADI~NG 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 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 for the drainage of surface mn-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 Community Services and
Facilities, that surface mn-off water.
(3) 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.
(4) 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.
(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.
15. ALrI~ORIZATION 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 all approvals required by this Agreement have been
obtained and,
(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 monies, securities and insurance policies, as noted in this Agreement, have been
delivered to the Town 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 requixed; and
(d) three executed copies, in a form suitable for registration, of any Transfers/Deeds
required by section 34 respecting the conveyances identified in Schedule A have been
provided to the Town in registrable form to the satisfaction of the Town Solicitor.
-5-
16. USE OF WORKS pENDING COMPLETION / EMERGENCY REPAIRS
(1) 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 pi.OWING
(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 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.
(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.
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 taming 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;
-6-
(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 fixst 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 (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
(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, 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 fried 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.
-7-
(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 ixon bars as shown
on the registered plan, and survey monuments at all block comers, at the ends
of all curves (other than comer 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
(h) 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
(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.
(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,
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.
(7) 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 wi.Il be granted, and, ff so, upon what terms and conditions,
or whether the Town shall proceed under the provisions of section 19, or both.
21. PERFORMANCE AND MAI2qTEN~CE 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 in the form
set out in Schedule B 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-
(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 Conztruction 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 f~rst $0 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) a certificate or declaration of substantial performance has been
published;
(ii) 45 days following such publication have expired; and
(iii) all liens that may be claimed against any holdback required to be
retained by the Town have expired or have been satisfied, discharged
or provided for by payment into court;
and
(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.
(4) 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.
-9-
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 (herein
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) Ia 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. LIABIL/TY INSURANCE POLICY / PROVISION FOR DEDUCTIBI.F.
(1) 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 expL,'y date.
-10-
(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.
FART $ - DEVELOPI1VG THE FROJECT
25. CONSTRUCTION A_NIp OCCUPANCY OF BUILDI2qGS
(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) storm sewer, sanitary sewer and water facilities are installed and in operation to
adequately serve such building or part thereof;
(b) electric service is completed and in operation; and
(c) such curbs, as in the opinion of the Town's Director of Public Works, are
requixed 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.
(4) The Owner shall maintain vehicular access to all occupied buildings on the Lands until
the roads in the plan are formally assumed by thc Town.
26. DESIGN PLANNING - RESIDENTIAL UNITS AND NOISE ATTENUATION STRUCTURES
(I) 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.
-11-
(2) That report may be required, at the Director's option, to provide the following
information:
(a) house massing;
(b) streetscape;
(c) exterior materials and colours;
(d) architectural style;
(e) visual variety;
(f) energy conservation measures; and
(g) any other data or information reasonably required.
(3) 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.
(4) Those plans and drawings may be required, at the Director's option, to provide the
'following information:
(a) the location of all buildings and structures to be erected and the location of all
facilities and works associated therewith;
(b) the location of landscaping features, including trees to be preserved;
(c) streetscape for front, rear and tankage elevations at a scale acceptable to the
Director;
(d) streetscape to show all street furniture and vegetation;
(e) the relationship of buildings by blocks; and
(f) any other data or information reasonably required.
27. SPECIFIC PROVISIONS RESPECTI/qG DEVELOPMENT
The Owner shall comply with any specific provisions respecting the development of this project
set out in Schedule D.
PART 4 - FINANCIAL MATTERS
28. EXPIRY OF SECURITIES
(1) 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.
(2) Such further security shall be in a form and amount satisfactory to the Town.
(3) Should no such fmXher 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 fried 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 ~e with the Town a Statutory Declaration stating that,
(a) 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;
(b) 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;
-12-
(c) there are no judgments or executions filed against the Owner;
(d) 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 Act;
(e) 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
(f) 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) The Owner shall pay in full as they come due all realty and business taxes assessed
against the Lands or the Owner as requixed by law from time to time.
(2) 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 respecting the following services:
(a) administrative services - town offices;
(b) administrative services - capital growth studies;
(c) protection - fee facilities;
(d) protection - frre vehicles and equipment;
(e) storm drainage, roads, sidewalks., storm sewers, lighting and other services;
(f) transportation - works yards, vehicles and equipment;
(g) transportation - transit;
(h) parks - parkland acquisition;
(i) parks - parkland development;
(,j) major recreational facilities - major indoor recreational facilities;
(k) library - library facilities;
(I) library - library materials; and
(m) electrical distribution services and facilities.
(2) The amount of the development charge for 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 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) Before this Agreement will be executed by the Town, the Owner shall pay by certified
cheque to the Town an Engineering Drawing Inspection Fee in the amount set out in
Schedule C for the examination and inspection done by the Town's Public Works
Department in the processing of the engineering drawings for this project.
-13-
(2) Before this Agreement will be executed by the Town, the Owner shall pay by certified
cheque to the Town a Subdivision Agreement Processing Fee in the amount set out in
Schedule C for the preparation and processing of this Agreement by the Town's Legal
Services Depaxu~ent.
(3) 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 within 30 days of invoices being
rendered.
PART 5 - TRANSFERS AND REGISTRATIONS
34. TRANSFERS OF LANDS OR INTERESTS I~N LANDS OR PAYMENTS IN LIEU THEREOF
(1) Upon executing this Agreement, 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
interests in lands identified in Schedule A for the purposes set out therein.
(2) 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 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.
(4) 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.
(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.
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 draf~ copy
of each required reference plan.
36. REGISTRATION OF AGREEMENT
(1) This Agreement shall be registered by the Town in the Land RegistO, Office for the
Land Titles Division of Durham (No. 40).
(2) 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
acknowledgement in any offer to purchase or other similar document dealing with the
Lands, or any part of them.
(3) 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.
- 14-
(4) The Owner shall execute such further assurances of the fights hereby granted as may be
deemed necessary by the Town.
IN WITNESS WHEREOF the Parties hereto have hereunto affLxed their respective Corporate Seals
attested to by the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
GOSSAMER HILLS LTD.
Edwin Hyde, President
I have authority to bind the corporation.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
- 15-
ENCUM~BANCER - ONTARIO HYDRO
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 ,1993.
SIGNED, SEALED AND DEI-JVERED
ONTARIO HYDRO
ENCUMBRANCER - VICTOR PRQUSKY, TRUSTEE
The Encumbrancer hereby postpones any rights or interests which he 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 him 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 ,1993,
SIGNED, SEALED AND DELIVERED
htthepresenceof
{Seal)
Victor Prousky, Trustee
-16-
TRANSFERS OF LANDS OR INTERE3~ IN LANDS OR PAYMENTS IN LIEU THEREOF
(Section 34)
1. CONVEYANCES REOUIRED TO BE MADE TO THE TOWN
l,aglJX~lgX,~ Pu .rpose t t v
Blocks 69 and 70 Dixie Road reserves Fee simple
Blocks 71,72, 73 and 74 Parkland and public Fee simple
recreational purposes
Block 75 Dixie Road widening Fee simple
Any portion of the Lands Storm drainage works Easement
determined by the Town's
Director of Public Works
Part Lot 24, Concession 2 - Storm drainage works Easement
3.0 metre wide strip adjacent
to northern boundary of plan
Any other lands outside the Lands Storm drainage works Easement
determined by the Town's
Director of Public Works
2. 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.
-17-
3. 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:
(7) I~TEREST/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
equipmem to enter onto the lands and pass and repass over the lands for the purpose of
exercising or enjoying any of the fights granted herein.
The terms and conditions which the parties hereto covenant and agree to observe and be bound
by are as follows:
1. 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.
2. 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.
3. The Transferor shall not erect any building or structure (except a fence) on the lands,
and shall not place or remove any fLU on or from any part of the lands without the
previous written consent of the Transferee.
4. 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.
5. 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.
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
mn with the lands.
8. Tbfis 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)
9. The benefit of this Transfer and all of the terms and conditions contained herein shall
mn 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.
-18-
REQUIRF-I} FORM FOR p~RFORMANCE AND MAIIWI'h~ANCE SECURITIr l..Igl l p_.R OF CREDIT
(Section 21)
To: The Corporation of the Town of Picketing
Picketing Civic Centre
One The Esplanade
Picketing, Ontario
L1V 6K7
We hereby authorize you to draw on [name of bankI, [address of bankl, for account of [na~ne of
cornsmzny or cornl~nie$ obtaining security] up to an aggregate amount of [arnount of security in figures
and in full] available by drafts at sight for 100% of demand as follows:
Pursuant to the request of our customers(s), the said [name of con~any or companies obtaining
security], we [name ofbank], laddress ofbankl, hereby establish and give to you an irrevocable Letter
of Credit in your favour in the total amount of [amount of security in nu~nbers 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 are to deliver to [name of bank], laddress of bank], at such time as a
written demand for payment is made upon us a certificate signed by you agreeing or conf'wming that
monies drawn pursuant to this Letter of Credit are payable to you or are to be or have been expended
pursuant to obligations incurred or to be incurred by you with reference to your file regarding a
Subdivision Agreement dated [date of Agreementl, between [name of signatories to Agreement, other
than Town andEncumbrancer(s)] and The Corporation of the Town of Pickering; this Letter of Credit is
given as the Performance and Maintenance Security required by section 21 of that Agreement.
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 for payment of the full amount outstanding under this Letter of
Credit at any time up to the close of business on that date. It is a condition of this Letter of Credit that it
shall be deemed to be automatically extended for one year from the present or any future expiration date
hereof, unless thirty days prior to any such date, we shall notify you in writing by registered mail that
we elect not to consider this Letter of Credit renewed for any such additional period.
We hereby covenant with drawers, endorsers, and bona fide holders of drafts drawn under and in
accordance with the terms of this credit that such drafts will be duly honoured if drawn and negotiated
on or before [date of expiry of Letter of Credit].
The drafts drawn under this credit are to be endorsed hereon and shall state on their face that they are
drawn under [name of bankl, [address of bank].
DATED this day of ,19
Instructions for completing Letter of Credit:
1. Letter of Credit must be typed on bank letterhead.
2. Information required 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 least one year from the date of the Letter of Credit.
5. The date in the seventh paragraph must be the same as the date in the sixth paragraph.
6. Bank signatories must show name, printed or O,ped, attd title, in addition to signature.
-19-
DEVELOPMENT CHARGES, ENG17VEF_..RING AND LEGAL FEES
(Sections 32 and 33)
1. DEVELOPMENT CHARGES PAYABLE
(1) Until and including October 7, 1993, the development charge payable under the Town's
Development Charges By-law 3854,/91 for each dwelling within this project is $4,691.
(2) From and after October 8, 1993, the development charge payable for each dwelling
within this project will be as set out in subsection (1) as adjusted on October 8, 1993,
and annually on every October 8 thereafter until paid, in accordance with the
Engineering News Record Cost Index (Toronto).
(3) The amount of the development charge set out in subsection (1) has been derived as
follows:
administrative services - town offices $355
administrative services - capital growth studies 80
protection - fire facilities 87
protection - fire vehicles and equipment 145
storm drainage, roads, sidewalks, storm sewers, lighting and other services 907
transportation - works yards, vehicles and equipment 193
transportation - transit 49
parks - parkland acquisition 374
parks - parkland development 775
major recreational facilities - major indoor recreational facilities 814
library - library facilities 216
library - library materials 133
electrical distribution services and facilities 563
total $4,691
2. ENGINEERING DRAWING INSPECTION FEE PAYABLE
The amount of the Engineering Drawing Inspection Fee payable for this project is $2,380.
3. SUBDMSION AGREEMENT PROCESSING FEE PAYABLE
The amount of the Subdivision Agreement Processing Fee payable for this Agreement is $2,000
plus $140 GST.
- 20 -
SPECIFIC PROVISIONS RESPECTING DEVELOPMENT
(Section 27)
I. EXPECTED NUMBER OF DWELLINGS
(I) This Agreement has been entered into in the expectation that 68 dwellings are to be
constructed on the Lands, one each on Lots 1 to 68.
(2) If more or less than 68 dwellings are to be constructed 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.
2. NOISE ATrENUATION MEASURES
(1) In the development of this project, the Owner shall implement the noise attenuation
measures recommended in the Noise Impact Study dated July 24, 1992, prepared by J.
E. Coulter Associates, Professional Engineers.
(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) Before this Agreement will be executed by the Town, the Owner shall provide to the
Town an irrevocable letter of credit issued by a chartered bank in Canada in a form
satisfactory to the Town in the amount of $ , pursuant to which the Town may
draw any amount up to the full amount thereof in the event that the Owner fails to
provide the Certificate of Compliance required under subsection (2) within three years
of the registration of the plan.
(4) The Owner shall keep the letter of credit in good standing at all times and, should the
Town draw upon it at any time, the Owner shall forthwith increase the face value
thereof by the amount of the draw.
(5) Any draw upon the letter of credit made by the Town pursuant to subsection (3) shall be
deemed to be a penalty for the breach by the Owner of its obligations hereunder and
shall not absolve the Owner from complying with the provisions of this section.
(6) Upon receipt of the Certificate of Compliance required under subsection (2), the Town
shall return the letter of credit to the Owner, but under no circumstances shall any
amount drawn upon it by the Town be returned or refunded to the Owner or to any other
person.
(7) 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 attenuation measures or
out of the execution of this Agreement with this section in it.
-21 -
SPECIAL PROVISIONS REQUIitF~D BY THE REGIONAL MUlglCIPALITY OF DURHAM
The sections set out in this Schedule represent provisions not affecting the Town but required to be
inserted in this Agreement by the Conditions of Draft Approval (herein called the "Approval") of Plan
of Subdivision 18T-89077, which Conditions are attached as Schedule "A" to the Decision dated August
10, 1992 of the Ontario Municipal Board respecting its Files S910052 and Z910202.
I. METROPOLITAN TORONTO A_ND REGION CONSERVATION AIJrHOR1TY
("M.T.R.C.A.")
M.T.R.C.A. requires that,
(a) prior to the issuance of building permits by the Town, the Owner submit individual site
and grading plans for Lots 31 to 43, both inclusive, to M.T.R.C.A. for its review and
approval;
(b) the Owner obtain from M.T.R.C.A. all permits necessary under Ontario Regulation
293/86 [sic]; and
(c) the Owner erect a temporary snow fence or other suitable barrier along the surveyed
top-of-bank prior to the initiation of any filling, grading or construction, to the
satisfaction of M.T.R.C.A..
2. QlXITARIO HYDRO
Ontario Hydro requi~es that,
(a) the Owner install a temporary fence along the common boundary with the Ontario
Hydro right-of-way prior to the commencement of construction, to the satisfaction of
Ontario Hydro;
(b) the Owner install a permanent fence along the common boundary with the Ontario
Hydro right-of-way once construction is completed, to the satisfaction of Ontario
Hydro; and
(c) the Owner obtain written permission from Ontario Hydro prior to using any Ontario
Hydro property and restore any damage to the right-of-way resulting from construction.
3. MINISTRY OF NATURAL RESQURCES ("M.N.R.")
M.N.R. requires that,
(a) (i) prior to the initiation of grading or construction within the plan, the Owner
erect a siltation control fence at a mininlum nine metre setback distance from
the top of bank (or to the satisfaction of M.N.R.);
(ii) no disposal of fill or disturbance of vegetation occur beyond this point [sic]
during the entire construction period; and
(iii) ponds for temporary sediment control be capable of accommodating 125 cubic
metres per hectare of contributing drainage for a period of not less than 12
hours or removing particle sizes down to 40 microns;
(b) the Owner cause to be can:led out the works referred to in Conditions 17 and 20 of the
Approval;
(c) the Owner maintain all stormwater management and erosion and sedimentation control
structures operating-and in good repair during the construction period, in a manner
satisfactory to M.N.R.; and
(d) the Owner advise M.N.R. 48 hoars prior to commencement of grading or the initiation
of any on site works.
- 22 -
OfontarloPr°vlnce Transfer/Deed of Land A
Fo~m I -- Land Registration Reform Act, 1984
(11 Registry [] Land Tlflee [] 21 Page 1 of pages
(3) Property Block Property
Ide~llfler(l) AdditiOnal:
Schedule
(4) Consideration
Dollars $
(5) Description This is a: Property Properly
Division [] Consolidation []
New Property Identifiers
See
(6) This (a) Redescription (b) Schedule for: (7) hlferesFEitale Transferred
Document New Easement '. Additional Fee Simp e E~t
Contains Plan/Sketch [] ; Description [] Parties [] Other []
~'(81 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
Name(s) Signature(s)
>(91 Spouse(s) of Transferor(e) t hereby consent to this transaction Date of Signature
Name(s) Signature(s) Y M O
(101 Transferor(s) Addrees
for Service
;(11) Traeaferee(s) ¥ Date of MBirlh
THE CORPORATI(~N OF THE
9¥. ............................ ...................... :
Bruce Taylor, Clerk
(121 Transferee(s) Address
forSewk:e Picketing Civic Centre, One The Esplanade, Pickering, Ontario L1V 6K7
...... ,. : Signature ; :
Sollcilor for Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I bave made inquiries of the transferor
to determine that this transfer does not contravene that section and based on the information supplied by the t~anat~ror, 1o the best of my know~ge
Address of .
!~'~ ~-I reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act, 1983 and that to the best of my knowledge and belief this
E~- ~JJ transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) andl am an Ontario
l~=C[~l~ Solicitor in good standing.
Address of Y M D
(151MunlclpalAssessment Roll NumberAddress of Property iCty' Muni Map'Sub Par.
of Property l
'~'(161 ; , ! , , Registration Fee
(171 Document Pregamd by:. ·
:~OneTown C .M. The of Solicitor Timothy Esplanade Pickering Sheffield ! fLand Transfer T~
Pickering, Ontario ?'l