HomeMy WebLinkAboutBy-law 4072/92 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4072/92
Being a by-law to authorize the execution of a
Subdivision Agreement and related documentation and a
Subdivision Agreement Amending Agreement respecting
the development of Block 50, Plan 40M-1446, Pickering;
Maclnnis Construction/Wilson (18T-89034 ).
WHEREAS the proposal to subdivide and register a plan of subdivision of Block 50, Plan 40M-1446,
Pickering, has been recommended for approval by the Council of The Corporation of the Town of
Picketing and approved by the Commissioner of Planning of the Regional Municipality of Durham as
Draft Plan 18T-89034, subject to several conditions, one requiring the entering into of a satisfactory
Subdivision Agreement with The Corporation of the Town of Picketing, and another requiring the
entering into of a satisfactory Subdivision Agreement Amending Agreement with The Corporation of
the Town of Picketing, both 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 Picker'mg 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 A. Macinnis Construction Co. Limited, Edward R.
Maclnnis Construction Limited, Kenneth Arnold Wilson and Russell George Wilson and The
Corporation of the Town of Picketing, respecting the development of Block 50, Plan
40M-1446, Picketing (Draft Plan 18T-89034).
2. The Corporation of the Town of Picker'mg 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.
4. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement Amending
Agreement in the form attached hereto as Schedule C, between A. MacInnis Construction Co.
Limited, Edward R. MacInnis Construction Lhnited, Kenneth Arnold Wilson and Russell
George Wilson and The Corporation of the Town of Picker'mg, amending the Subdivision
Agreement dated April 21, 1986, Notice of which was registered January 14, 1987, as
Instrument No. LT305634, respecting the release for development of Block 50, Plan 40M-1446,
Picketing.
BY-LAW read a first, second and third time and finally passed this 4th day of August, 1992.
Wayne AttiC, M~yor
TOWN OF
PICKERING
APPROVED ~
(~~j~ '~ B~ Taylor, Clerk
LEGAL OE~
SCHEDULE A
THIS SUBDMSION AGREEMENT made August 4th, 1992, pursuant to the provisions of section 51
of the Planning Act, R.S.O. 1990, chapter P. 13,
BETWEEN:
A MACINNIS CONSTRUCTION CO. LIMITED,
EDWARD R. MACINNIS CONTRUCTION LIMITED,
KENNETH ARNOLD WILSON and RUSSELL GEORGE WILSON.
herein collectively called the "Owner", OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERI~G
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to subdivide Block 50, Plan 40M-1446, 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-89034, and is r~luired 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, TI-HS AGREEMENT WITNESSETH THAT, in consideration of the Town
consenting to the registration of the proposed plan of subdivision, and the covenants bereinaf~er
expressed, the Parties hereto covenant and agree one with the other as follows:
PART 1 - I~I?~RPIOzT~G ~ APPL]'II~ ~ AGREEM~
The lands affected by this Agreement (the "Lands") are Lots 1 to 6, both inclusive, and Blocks 7,
8 and 9, Plan 40M- , Picketing.
2. STATUS OF TI-RS AGREEMENT
(I) In the event the plan of subdivision is not registered on or before April 4, 1993, 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 consU'ued as
"he", "she", "they", "him", "her" or "them", and the number of the verb agreeing
therewith shall he 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.
This Agreement shall be enforceable by and against the Parties hereto, their heirs, executors,
administrators, successors and assigns, and the Agreement and all the covenants by the Owner
contained herein shall nm 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.
(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
Alfred MacInnis, President
A. MacInnis Construction Co. Limited
Units 4 and 3
1345 Momingside Avenue
Scarborough, Ontario
MIB 3K5
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
LIV 6K7
(2) Each Party may redesignate the person or the address, or both, to whom or to which
such notice may be given by giving written notice to the other.
(3) Any notice given in accordance with this section shall be deemed to have been given on
the second day following the day of delivery or the day of mailing, as the case may be.
The Owner shall retain a licence from any subsequent purchaser of the Lands, or any pan
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.
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.
PART2 - CON$1~UC-I'L~IG THE TOWN'S SERVICES
9. CONSULTING ENGINEERS
(1) The Owner shall retain a Professional Engineer as the Consulting Engineer 6f Lhe
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.
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(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) Tbe 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
(1) 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 wads 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 wads to be extended into the plan where the Owner is r~quired 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, 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 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.
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(4) 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.
1 I. GENERAL REGULATIONS RESPECTING SERVICIN(~
(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
adjustmem of grades where necessary, in a good and workmanlike manner.
(3) 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.
(4) The Owner shall not burn nor permit to be burned any refuse or debris within the project
or adjacent to it.
(5) 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 rende~xi.
(6) The Owner shall pay, within 30 days of invoices being rendered, the costs of,
(a) relocating any existing services and utilities caused by the construction or
installation of services, or other work 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 b~ provided underground and in accordance with the standards and
specifications of Picketing Hydro-Electric Commission, Trillium Cable Communications
Limited or Bell Canada, as the case may be.
13. TREE INVENTORY / TREE PRESERVATION PROGRAM
(1) The Owner shall submit a Tree Inventory and Tree Preservation Program prepared by a
qualified expert and 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 Community 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 fi height,
diameter and species determined by the Director; such replacement shall be at no cost to
the Town.
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(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 oft. he 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 prepared by the Owner's Consulting Engineer,
establishing the proposed grading of the lands in the project to ~rovide for the proper
drainage thereof and the drainage of all adjacent lands which dram 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
Orading 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 probleros, 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.
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 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 necessary approvals and permits have been obtained from the Ministry of the
Environment, the Ministry of Natural Resources and the Metropolitan Toronto and
Region Conservation Authority; and
(d) three executed copies, in a form suitable for registration, of any Transfers/Deeds
required by section 33 respecting the conveyances identified in Schedule A have been
provided to the Town in registrable form to the satisfaction of the Town Solicitor.
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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 PLOW~f~
(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
obsuuction;
(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) ~lvair 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 SHRVICES
(1) The Owner shah complete the Works in accordance with the following time limits:
(a) Town roads within the plan - two years from date of Authorization to
Conunence 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, lot grading and sodding - 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;
(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 Commencd
Work;
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(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)A other fencing adjacent to parks, open space and storm water
management facilities - prior to the occupancy of any dwelling
adjacent thereto;
(i)B other fencing adjacent to commercial sites and school sites - one year
from date of Authorization to Commence Work; and
(i)C other fencing adjacent to roads adjacent to the plan and separated from
the plan by a reserve or reserves - six months after occupancy of f'Lrst
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
(ii) noise attenuation fencing - prior to the occupancy of any dwelling
adjacent thereto,
following the completion 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 ~.r. ovisions of subsections (l)(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. F,a, ILURE TO COMPLETE /IMPROPER PERFORMANCE
(1) fi, 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 aa
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 ff the notification be without effect for seven days, then the
DLmctor 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 f'mal, 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, includin~ the
rectification of any unsatisfactorily installed Works.
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(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 hccurately 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 fi,
(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
(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 he 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 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
(l) 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) guaranteeing the payment of any amounts payable to the Town under this
Agreement;
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(c) guaranteeing the payment of any amount that the Town may be requited 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) 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 irmal 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, ff 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 INDEM_~tI_ Ty
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 Land~ as required under this Agreement.
23. LIABILITY INSURANCE POLICY / PROVISION FOR DEDUC'rlBI
(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.
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(2) The policy shall comply with the following provisions:
(a) the miniraum limit per occurrence shall be $5,000,000 all inclusive for property
damage and personal liability;
(b) it shall noi 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 f'ding 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 indej~endent 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 reliev~ 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.
PART 3 - D~PI~I(~ THE PROJECT
24. CONSTRUCTION AND OCCUPANCY OF BUILDINGS
(I) 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
D~rector 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 pan 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 pan 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
required to be completed prior to occupancy have been constructed on the road
immediately in front of the building or pan thereof and extended to au 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 the Town.
-10-
25. DF, SIGN PLANNING - RESIDENTIAL UN'ITS AND NOISE A'FFENUATION STRUCTURES
(1) Prior to the issuance of any building p~rmit for the construction of any residential unit
on the Land~ 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.
(2) That ~port may be required, at the Director's option, to provide the following
information:
(a) house massing;
(b) s~eetscape;
(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 any building permit for the consu'uction of a residential unit to
be erected on the Lands, the Owner shall submit to the Town's Diroctor of Planning, for
approval, site plans and architectural drawings for that unit.
(4) Those plans and drawings may be required, at the DL~ctor's option, to provide the
following information:
(a) the location of all buildings and s~uctures to be erectod and the location of all
facilities and works associated therewith;
(b) the location of landscaping features, including trees to be preserved;
(c) su'eetscape for front and rear elevation 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.
26. SPECIFIC PROVISIONS RESP~G DEVELOPMENT
The Owner shall comply with any specific provisions respecting the developmem of this project
set out in Schedule D.
PART 4 - F/]VA/VC/AL
27. EXPIRY OF SECURI'rIES
(I) 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 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.
28. PAYMENT OF LIENS AND OTHER CLAIMS
(1) The Owner shall discharge or vacate any liens or claims f'fled 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 f'de 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 constmction and installation ot~
Works and other services;
-11-
(b) ail 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;
(c) there are no judgments or executions Fried 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.
29. PAYIVlENT OF INTEREST ON OVERDUE AMOUNTS PAYABLE
The Owner shall pay interest at the rate of 18 per cent per year to the Town un all sums of
money payable hereunder which are not paid on the due dates calculated from such due dates.
30. PAYMENT OF REALTY AND BUSINESS TAXES / LOCAL IMPROVEMENT CHARGE~
(1) 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.
(2) Before thin Agreement will he 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.
31. 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) pro~ction - fire facilities;
(d) protection - fire 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;
O) major recreational facilities - major indoor recreational facilities;
(k) library - library facilities;
(1) library - library materials; and
(m) electrical distribution services and facilities.
(2) The amount of the development charge for each dwelling to he 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 he 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.
32. 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.
-12-
(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 Depa~auent.
(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 ~ONS
33. TRANSFERS OF LANDS OR INTERESTS IN 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, att 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 thek physical state and condition shall prevent the Town from lawfully or
physically using the lands for the ptuposes 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.
($) 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.
34. 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 w the Town the
following:
(a) four red-lined copies of this Agreement executed by tl~ Owner and all Encumbrancers;
(b) all monies, securities and insurance requh'ed by this Agreement;
(c) three executed copies, in a form suitable for registration, of each Transfer/Deed required
by section 33 respecting the conveyances identified in Schedule A, and one draft copy
of each required reference plan.
35. REGISTRATION OF AGREEMENT
(1) This Agreement shall be registered by the Town in the Land Registry 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 A~ement 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, inconyenience
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.
(4) The Owner shall execute such further assurances of the rights hereby granted as may be
deemed necessary by the Town.
-13-
llq WITNESS WHEREOF the corporate Parties hereto have hereunto affixed their respective Corporate
Seals attested to by the hands of their authorized officers, and the individual parties hereto have affuted
their hands and seals.
SIGNED, SEALED AND DELIVE ~RED
A. MACINN'IS CONSTRUCTION CO. LIMITED
Alfred Maclnnis, President
EDWARD R. MAC]NNIS CONSTRUCTION L/M1TED
Edward R. Macinn/s, President
In the presence of
(Seal)
Kenneth Arnold Wilson
(Seal)
Russell George Wilson
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Brace Taylor, Clerk
ENCUMBRANCER - CANADIAN IMPERIAL BANK OF COMMERCE
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;
,~nd 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 he
exercised by the Owner by reason of the terms of this Agreement.
Dated at , this day of ,1992.
SIGNED, SEALED AND DELIVERED
CANADIAN IMPERIAL BANK OF COMMERCE
14-
I~FF.I~S OF LAN~ OR avt-t~ggrs 131LAIOS OR PAYM~ 131Li~ 171F. R~F
(Section 33)
1. CONVEYANCES REOUIRED TO BE MADE TO THE TOWN
Any portion of the Lands Storm drainage works Easement
determined by the Town's
Director of Public Works
Any lands outside the Lands Storm drainage works Easement
determined by the Town's
Director of Public Works
2. CALCULATION OF AMOUNT PAYABLE IN LIEU OF PARKLAND CONVEYANCE
(I) The Owner shall obtain a written appraisal, prepared by a professional land value
appraiser acceptable to the Town, of the value of all the land in the plan aa of January
18, 1990.
(2) The amount payable in lieu of a parkland conveyance shall he a sum ~ual to five per
cent of that value.
3. STORM DRAINAGE WORKS EASI~vlENT 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 ! of this Schedule.
(2) U~..n 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 aa 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, and the provisions of
subsections (2) and (3) shall apply.
- 15-
3. STORM DRAINAGE WORKS EASEMENT SCHEDULE
Where a conveyanc~ of an easement is for storm drainage works purposes, the following
Schedule shall be attached to the Transfer/Deed of Easement:
(7) IN'i't~REST/ESTATE TRANSFERRED
Subject to the following terms and conditions, the free, uninterrupted and unobstructed fight and
easement to lay, conamact, 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"),
together with the fight to the Transferee, its servants, agents and contractors with all necessary
vehicles, supplies al?d. equipment .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 tOl~oil 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 shaH not place or remove any fill on or from any part of the lands without the
previous written consent of the Transferee.
4. The right and easement granted herein shaH 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 lLrfle renew or extend these or make new ones, so long as they do not interfere
umeasonably with the fight 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 fight and easement granted hereby or which may
arise out of the existence, operation or non-operation of the storm drainage works
provided the Transferee has complied with aH of the terms and conditions herein.
6. The Transferor shaH 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. 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 BENEI~i'Fi't~D (DOMINANT TENEMENT)
9. The benefit of this Transfer and all of the terms and conditions contained herein shall
mn with aH other lands and interests in lands owned, occupied or used by the Transferee
for the purpose of operating and maintaining storm drainage works.
- 16-
RF. QU~ FORM FOR PERFORMAIVCF. AtVD MAIIVlI~IAIVCE SECURffI'Y I.4~-I'II~R OF CREDIT
(Section 21)
To: The Corporation of the Town of Pickering
Picketing Civic Centre
One The Esplanade
Picketing, Ontario
LIV 6K7
We hereby autholize you to draw on [name ~f b~mkI, [address ~f ba I, for account of p~e
~] av~able by ~s at sight for 1~% of dem~d ~ foHows:
~u~t to ~e request of o~ customer(s), ~e s~d [~ ~ c~ ~ ~ ~g
~], we [~ ~, [~ ~], he.by establ~h ~d give to you ~ ~v~le ~er
of C~t M yo~ favo~ M ~ tot~ ~o~t of [~ ~ ~ ~ ~ ~ ~] wMch ~y
~ ~ on by you at ~y t~e ~d ~m t~e to t~e u~n wfiUen ~d for pay~nt ma~ ~ us
by you wMch ~m~d we sh~ hono~ without enqu~Mg wheat you have a rigM ~ ~n y~
~d o~ smd ~sto~s or ~y of ~em) to m~e such ~m~d, ~d wi~out ~o~Mg ~y cl~ of
o~ s~d ~stomer(s or ~y of them).
Provided, however, that you ~e to deliver to [~ ~ ~1, at such t~ ~ a
wfi~en ~m~d for paint ~ rome u~n us a ~cate si~d by you a~Mg or co~g ~at
monies ~a~ p~u~t to ~is ~er of C~t ~epayable to you or ~ to ~ or have ~n ex~nded
~s~t to obligatio~ Mc~d or to ~ Mc~d by you wi~ ~fe~n~ to yo~ ~fle ~g~g a
Su~iv~ion A~ment dated [~e ~ ~e~I, ~n 1~ ~ ~ to ~. ~
~ T~ ~ ~~)] ~d ~e Co~orafi~ of ~ To~ of Picke~g; ~ ~er of Cre~t is
given ~ t~ Pedo~ce ~d MaMten~ce Se~ty requ~d by se~ion 21 of ~at A~nt.
P~ ~aw~gs ~ ~Red.
~ ~o~t of ~ ~ner of Cg~t sh~ ~ ~eed ~ t~e to t~e ~ a~ed by notice ~ wfit~g
given to us from t~ to t~e by you.
~ ~ner of C~t w~l com~ue up to ~d ~clu~g l~ ~ ~ ~Cr~R] ~d wR1
exp~e un that date ~d you may c~ for pa~ent of ~e ~ ~o~t outst~g un~r ~s ~tter of
C~t ~ ~y t~e up to &e close of bus.ess on ~at dine. It is a cun~tion of ~s ~ner of Cm&t ~at it
sh~ ~ &e~d to ~ autom~ic~y exten&d for o~ ye~ ~om ~ p~sem or ~y ~e expiation date
he.of, ~s ~ ~ys p~or to ~y such date, we sh~ no~ you ~ wfit~g by ~giste~d marl ~at
we ele~ not to consider t~ ~ner of C~t renewed for ~y such ~difion~ ~ri~.
We hegby coven~t with ~awers, endorse~, ~d ~na fide holde~ of ~s ~awn ~der ~d ~
accord~ce wi~ ~e te~s of ~is cre~t that such ~s w~l M d~y honored ff ~am md negotiated
on or ~fo~ [~e ~ ~ qCre~tl.
~e dr~s ~am ~der this cre~t ~e to ~ endorsed hereon md sh~ state on thek face ~at they ~e
&awn ~der 1~ ~1, [~e~ ~1.
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 typed, and title, in addition to signature.
- t7-
CHARGE. S, ENGI~I~-~.II~ AlVlD LEGAL FtZ.~
(Sections 31 and 32)
1. DEVELOPMENT CHARGES PAYABLE
(1) Until and including October 7, 1992, the development charge payable under the Town's
Development Charges By-law 3854/91 for each dwelling within this project is $4,582.
(2) From and after October 8, 1992, the development charge payable for each dwelling
within this project will be as set out in subsection (1) as adjusted on October 8, 1992,
and annually on every October 8 thereafter until it is paid, in accordance with the
Engineering News Record Cost Index (Toronto).
(3) The development charge set out in subsection (1) has been derived as follows:
administrative services - town offices $346
administrative services - capital growth studies 78
protection - f'~e facilities 85
protection - fu'e vehicles and equipment 142
storm drainage, roads, sidewalks, storm sewers, lighting and other services 886
transportation - works yards, vehicles and equipment 189
transportation - transit 48
parks - parkland acquisition 365
parks - parkland development 757
major recreational facilities - major indoor recreational facilities 795
library - library facilities 211
library - library materials 130
electrical distribution services and facilities 550
total $4,582
2. ENGII~EERING DRAWING INSPECTION FEE PAYAI~LE
The amount of the Engineering Drawing Inspection Fee payable for this project is $315.
3. SUBDMSION AGREEMENT PROCESSING FEE PAYABLE
The amount of the Subdivision Agreement Processing Fee payable for this Agreement is $1,750
plus $122.50 GST.
- 18-
PROVI.glO3I'~ RItISP~G' DEVliI, OPMF_a'WF
(Section 26)
1. EXPECTED NUMBER OF DWELLINGS
(1) This Agreement has been entered into in the expectation that nine dwellings are to be
constructed on the Lands - one each on Lots 1 to 6, one each on Blocks 8 and 9, and one
on the lands described in subsection 2(1) of this Schedule.
(2) If more or less than nine 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
thi~ Agreement and may prohibit any developmem unt'd the new approvals and
authorizations are obtained.
2. RELEASED FUTURE DEVELOPMENT BLOCK - BLOCK ?
(1) Block 7 shall be developed only in conjunction with Block 29, Plan 40M-1689,
Pickering, to provide one lot for one dwelling.
(2) The development of the lands described in subsection (1) shall be governed by the
provisions of this Agreement.
(3) Until such time as Block 7 is developed in accordance herewith, the Owner shall
maintain it in a clean and orderly condition to the satisfaction of the Town.
3. RESERVED FUTURE DEVELOPMENT BLOCKS - BLOCKS 8 And 9
(I) Blocks 8 and 9 shall be reserved for future residential development; such development
shall not commence without the prior written approval of the Town which may be
subject to conditions.
(2) Until such tune as Blocks 8 and 9 are developed in accordance herewith, the Owner
shall maintain them in a clean and orderly condition to the satisfaction of the Town.
4. CONTRIBUTION TO DOWNSTREAM SERVICE COSTS
Before this Agreement will be executed by the Town, the Owner shall pay to,
(a) Alastair Mackay Realty Inc., the sum of $1,193.14;
(b) Meadowcliffe Homes, the sum of $$,943.18,
being the portions of the costs to those companies of the acquisition of the Altona Road
Detention Pond (Mackay Realty) and the construction of the Altona Road Detention Pond
(Meadowcliffe, $1,802.88) and the Altona Trunk Storm Sewer (Meadowcliffe, $4,140.50),
which benefit the lands in this plan.
4. CONTRIBUTION TO SHARED SERVICE COSTS
Before this Agreement will be executed by the Town, the Owner shall pay to Cougs Investments
Ltd. the sum of $57,310, being the portion of the costs to that company of the construction of
Town services (i.e., storm sewer system, roadworks, street lighting, and inspection, testing,
engineering and bonding relating thereto) in, on or associated with Stover Crescent and
Fawndale Road in Plan 40M-1689, Picketing, which benefit Lots 1 to 4 and Blocks 7 and 8 in
this plan.
- 19-
~O.,,r~ootProv'nce Transfer/Deed of Land A
Form 1 -- Laird RegIMml~on RMoml
(1) g~
~vis~on
New Property Identifiers
I Intm~ett/EslMe ImmUred
(6) T~ (a) N~R~ripti°nEaMment ' (b) Schedule for:A~i~l (7) FM Sim~
~lm P~Sketch ~ ; D~ription ~ Pa~i~ ~ O~r ~ ~t
()) T~mW~*) The t~anste~or h~y ~ra~t~ lhe land lo lhe tran~fer~ and c~i~ th~ t~ t~n~ror is mt I~ ~g~ y~m o~ ~ t~t
~te of
>{~) S~m) ' ~.
Na~(s) Sig~ture(s) v u
)(11) Tranmler~m) Data of
~m Taylor, Cl~k ',
(12) Tr~f~) Add~
~ /orS~e Pi~ Civic ~e, ~e ~e E~l~de, Pi~er~g, ~io ~V 6K7
Signature ......................... :. ..... ~... 3... ~ Signature ........................... ~ ...... :... ~
~ and ~%~% ~bis ~rans~e[ d~ ~ol ~o~raveDe ~ha~ ~o~. } am aD O~ar%o so)ic%lo~ in g~ s~an~img. Date of Sig~atu~
O { Solicit~ ~rgnature ...........................
I
~ I ~ I (14) 5~1~ ~ T~nl~) I have investigat~ the title to this land and to abuffing land where reliant and I am satisf~ that the title r~ords
< ~1 r~al ~o contra~ntion as ~t out in su~lause 49 (21a) (c) (ii) of the Planning Act, 1~ and that to the ~st of my knowl~ge a~ ~lief this
~1~ ~ ] transfer d~s not contravene ~tion 49 of the Planning Act 1 ~ I act inde~ndently of the solicitor for the transferor(s) and l am an On~do
'E ~ ~licit~ in g~ standing.
~ I~1 Name and Date of Signaturu
~x~ ~1 Addre~ of Y M
.......................... .... , ........
(15) ~nlol Pr~Rdl Numar ,~ C~ 1: Uun ~, Map ~{ Sub Par ~r/~ F~ ~nd Tax
(16) Munlcl~l A~re~ of Pro~ (17) D~ument P~a~ ~:
C.M. T~y Sheffield ~[Land Transler T~
T~ ~lici~r ~
T~ of Picker~g
~e ~ Espl~ade
Picker~g, ~t~io ~ Total
INTEREST/ESTATE TRANSFERRED
1. The Transferor hereby transfers to the Transferee the free, uninterrupted and
unobstructed right and easement to construct, operate and maintain such storm
drainage works, together with any appurtenances thereto as may be required
from time to time in, under and across the lands herein described, together
with a right of the Transferee, its successors and assigns and its and their
servants, agents and workmen, with all necessary equipment, machinery and
vehicles to enter upon the lands at all times and to pass and repass thereon for
replacing (including replacement with storm drainage works of larger size and
capacity) and maintaining the storm drainage works or any part thereof or
appurtenances thereto to be constructed, reconstructed, examined, repaired,
renewed, replaced or maintained situate on the lands.
2. The Transferor covenants that it shall not erect any building or structure nor
place or remove any fill on or from any part of the lands without the express
written consent of the Transferee.
3. The Transferor hereby releases the Transferee from any claim which may arise
out of the exercise hy the Transferee of the right and easement granted here-
by, or which may arise out of the existence or operation of the storm drainage
works, provided the Transferee fills in all excavations and as far as is practi-
cable restores the surface to the condition existing prior to any entry thereon
to exercise the right hereby granted.
4. The Transferor covenants that it shall execute such further assurances of the
right and easement granted hereby as may be .required by the Transferee.
5. The burden of this Transfer and of all the covenants contained herein shall run
with the lands herein described,
6. This Transfer shall be binding upon and shall enure to the benefit of the
parties hereto and their respective successors and assigns.
LAND BENEFITED (DOMINANT TENEMENT)
7. The benefit of this Transfer and all of the covenants contained herein shall run
with all other lands and interests in land owned, occupied or used by the
Transferee, its successors and assigns for the purpose of operating and main-
taining storm drainage works.
SCHEDULE C
THIS SUBDMSION AGREEMENT AMENDING AGREEMENT made August 4, 1992,
BETWEEN:
A MACINNIS CONSTRUCTION CO. LIMITED,
EDWARD R. MACINNIS CONTRUuHON LIMrrED,
KENNETH ARNOLD WILSON and RUSSELL GEORGE WILSON.
herein collectively called the "Owner",
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town",
OF THE SECOND PART.
WHEREAS 557351 Ontario Limited, 557351 Ontario Limited carrying on business as Meaclowcliffe
Homes, and the companies and individuals comprising the Owner herein entered into a Subdivision
Agreement with the Town dated A]pril 21, 1986, Notice of which was registered January 14, 1987, as
Instrument No. LT305634, respecting the subdivision of that part of Lot 33, Range 3, Broken Front
Concession, Picketing, included in Region of Durham Draft Plan Number 18T-82038; and
WHEREAS that Draft Plan was registered on November 25, 1986, as Plan 40M-1446, Pickering; and
WHEREAS it is necessary to amend that Subdivision Agreement in order to provide for the
development of Block $0, Plan 40M-1446, Pickering, by plan of subdivision designated as Region of
Dt~rham Draft Plan Number 18T-89034;
NOW THEREFORE THIS AGREEMENT W1TNESSETH that, in consideration of the sum of $2.00
now paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto
covenant and agree one with the other as follows:
1. The lands affected by this Agreement (herein called the "Lands") are Block 50, Plan 40M-1446,
Picketing.
2. In this Agreement, "Subdivision Agreement" means the Subdivision Agreement between 557351
Ontario Limited, 557351 Ontario Limited carvjing on business as Meadowclfffe Homes, the
companies and individuals comprising the Owner herein, and the Town, dated April 21, 1986,
Notice of which was registered January 14, 1987, as Instrument No. LT305634.
3. The Owner and the Town are bound by the terms and conditions of the Subdivision Agreement
as amended hereby, and by the terms and conditions of this Agreement, and shall continue to be
bound by them.
4. (1) The Owner warrants that it is the registered owner of the Lands and consents to the
registration by the Town of this Agreement on the title thereto.
(2) This Agreement shall not operate to amend the Subdivision Agreement until this
Agreement is registered on title to the Lands.
5. Subsection (2) of section 28 of the Subdivision Agreement (TIME LIMIT FOR
CONSTRUCTION) is hereby deleted and the following substituted for it:
(2) In the event that more or less than 49 housing units are to be constructed in the plan
(excluding units tO be constructed on Block 50), an amendment to this Agreement shall
be required.
6. Section 4 of Schedule A to the Subdivision Agreement (FUTURE DEVELOPMENT BLOCKS -
BLOCKS 48, 49, 50 and 51) is hereby amended by adding thereto the following subsection:
(3) Upon the registration on title to Block 50, Plan 40M-1446, Pickering, of a plan of
subdivision substantially conforming to Region of Durham Draft Plan Number
18T-89034, the prohibition against the development of Block $0 set out in subsection (2)
shall cease to have effect and development thereof shall be permitted.
IN W fi'NESS WHEREOF, the corporate parties hereto have hereunto affixed their coxporate seals,
attested by the hands of their authorized officers, and the individual patties hereto have hereunto affixed
their hands and seals.
SIGNED, SEALED AND DELIVERED
A. MACINNIS CONSTRUCTION CO. LIM1TED
Alfred MacInnis, President
EDWARD R. MACINNIS CONSTRUCTION LIMFTED
Edward R. MacInnis, President
In thepresenceof
(Seal)
Kenneth Arnold Wilson
(Seal)
Russell George Wilson
THE CORPORATION OF THE TOWN OF PICKERING
Wayne A_rthurs, Mayor
Bruce Taylor, Clerk
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ENCUMBRANCER - CANADIAN IMPERIAL BANK OF COMMERCE
The Encumbrancer hereby postpones any fights or interests which it has in the Lands with the intent that
this Agreement shall t~ke 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
crea~ing 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 tha~ 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 ,1992.
SIGNED, SEALED AND DELIVERED
CANADIAN IMPERIAL BANK OF COMMERCE
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