HomeMy WebLinkAboutBy-law 4100/92 THE CORPORATION OF THE TOWN OF ?ICKERING
BY-LAW NO. 4100/92
Being a by-law to authorize the execution of a
Subdivision Agreement and related documentation
respecting the development of Part Lot 28, Concession I,
Pickering and to repeal By-law 3539/90 (884396 Ontario
Inc; 18T-89049).
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 28, Concession 1,
Picketing, 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-89049, 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, on August 8, 1991, the Council of The Corporation of the Town of Picketing passed
By-law 3539/90, authorizing the execution of an earlier version of such an agreement, which version
has never been executed by the Town's officers and has expired; 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 Picketing 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 884396 Ontario Inc. and The Corporation of the Town
of Picketing, respecting the development of Part Lot 28, Concession 1, Picketing (Draft Plan
18T-89049).
2. The Corporation of the Town of Pickering 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. By-law 3539/90 is hereby repealed.
BY-LAW read a first, second and third time and finally passed this 19th day of October, 1992.
Wayne Arth~, Mayor
Bmce Taylor, Clerk
Schedule A
THIS SUBDMSION AGREEMENT made Octohe~ 5, 1992, pursuant to the provisions of section $1 of
the Planning Act, R.S.O. 1990, chapter P. 13,
BETWEEN:
884396 ONTARIO INC.
herein called the "Owner",
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PIC~(3
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to subdivide Pan Lot 28, Concession l, in the Town of Picketing, in
the Regional Munic!pality of Durham, and to register a plan of subdivision of those lands, as shown on
a drafx plan of subdivision designated as Draf~ Plan Number 18T-89049, 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 - IN'I'F. RPP~-IIdG AND APP£I'ING ~ AGP. IiF.2,1I!2~
The lands affected by this Agreement (the "Lands") are Lots 1 to 7, both inclusive, and Block 9,
Plan 40M- , Picketing.
2. STATUS OF TI-HS AGREEMENT
(1) In the event the plan of subdivision is not registered on or before May 21, 1993, this
Agreement shall be null and void and of no fur, her effect, and the Town shall not he
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 purl~ose of having the
Town act in reliance on the covenants by the Owner contained harem and the Owne~
hereby waives any fight or claim which it now has or may hereinafter acquire which is
inconsistent with the tem~ of this Agreement.
(1) ,,,Wh,,enever in ,t, his A. gr,~e.m~,,nt the pwnoun '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 he construed accordingly.
(2) Schedules A, B, C and D attached hereto shall form paxt 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 shah 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.
NOTICE
(1) Any notice required to be given hereunder may be given by personal delivery or
registered mail,
(a) in the case of the Owner, to
Lawrence P. MacDonell, President
Thickson Developments Ltd.
Suite 205, 4117 Lawrence Avenue East
West Hill, Ontario
M1E 2S2
and
(b) in the case of the Town, to
The Town Clerk
The Corporation of the Town of Picketing
Picketing Civic Complex
Pickering. ontario
LIV 6K?
(2) Each Party may redesignate the person or the address, or both, to whom or to which
such notice may he 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 shah complete in a good workmanlike manner for the Town, aH the municipal
services a~ hereinafter set forth to the satisfaction of the Town, and shah 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 shah be deemed
to include the words "at the expense of the Owner and at no expense to the Town" unless the
context requires otherwise.
Pd~ 2 - CONS'~UC'I~G ~'HE TOWI~F $ SE~'~CE~
9. CONSULTING ENGINEERS
(1) The Owner shah 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, shah 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.
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The Owner may change from one Consulting Engineer to another at any time or times
during the development and construction of the pro}ect, 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 ali 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 nil 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 tempo~ tuming circle located immediately
adjacent to the plan on a Town road to he 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 ~ plan but draining through the plan, complete with detention or
retention facilities, qualRy control devices and ontle~;
(f) boulevards and sidewnlk~ 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 he extended into the plan where the Owner is required to
remove and replace a tempora~ 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 he extended into the plan where the Owner is required to remove and
replace a temporary turning circle;
(h) street tree planting on Town roncl~ 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) wnlkways 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
Woks is of the opinion that additional works ~ necessaz~y to pro',~ide adequately any
of the public services required by the project, the Owner shall construct, install or
perform such additional works at ~ request of the Director.
(3) All Works shah be cons~cted and installed in accordance with the Town's
specifications and in a good and workmanlike manner under the supervision of ~he
Owner's Consulting Engineer and under the observation of the Town's inspectors or, m
the case of street lighting, Picketing Hydro's inspectors.
(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.
11. GENERAL REGULATIONS RESPECTING SERVICING
(1) The consU'uction of Town roads shall include the construction of paved driveway
approaches between the curb and sidewalk or, where no sidewalk /s 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
adjusUnent of grades where necessary, in a good and workmanlike manner.
(3) The Owner shall not dump nor permit to be dumped any ifil 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 Director of Public Works may have qualitative or c~uantitative tests made
of any materials which have been or are proposed to be used m 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 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.
(?) Unless otherwise provided herein, the Ova. r shall perfon~, any work requital to be
done under this Agreement to the specifications of the Town m 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 elecuicity, cable television service or telephone service is to be provided to any lot or
block inthe project, it shall be provided underground and in accordance with the standards and
specifications of Picketing Hydro-Electric Commission, Trillium Cable T.V. Limited or Bell
Canada, as the case may be.
13. TREE INVENTORY / TREE PRESERVATION PROGRAM
(l) The Owner shall subm/t a Tree Inventory and Tree Preservation Program prepared by a
qualified expert and indicating which existing trees in the project may he 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 shah
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, da~'l~aged to ouch an extent thai its value or long~vity is decreased or is
likely to he decreased, then the Owner shah replace that tree with a tree of a height,
diameter and species determined by the Dixector; such replacement shall be at no cost to
the Town.
(4) The Owner's liability under subsection (3) shah continue until,
(a) where the lands upon which the tree is located comprise a residential building
lot or block, twelve months after the completion of the sodding on the lot or
block, or
(b) where the lands upon which the uee 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 ~he Town's Director of Public
Works, a Grading Control Plan prepared b.y the Owner's Consulting Engineer,
establishing the proposed grading of the lands m the project to provide 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 m-off wlaer
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
ma~.age 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 pan 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 uni! occurs in November or December of
any year, the time limit for sodding may be extended to June 30 in the following year.
15. AUTItORIZATION 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
Authoriza/~on 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 a~rovals 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
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 roma to the satisfaction of the Town Solicitor.
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.
5
(2) The Town may make emergency repairs at any time to any of the Works and may for
this purpose enter the Lands at any time; such repair or entry shall not be deemed an
acceptance of any of the Works by the Town, nor an assumption by the Town of any
liability in connection therewith, nor a release of the Owner from any of its obligations
under this Agreement.
17. INTERNAL / EXTERNAL ROAD MAINTENANCE AND REPAIR / SNOW PLOWING
(I) Throughout the term of this Agreemem, 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
obs~uction;
(b) maintain all Town roads outside the projec, t, including boulevards, in a mud
and dust free condition and free of obslxuctaons, 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 ~erbal 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 mad 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 shah complete the Works in accordance with the following time limits:
(a) Town roads within the plan - two years from date of Authorization to
Commence Work;
(b) Town roads adjacent to the plan - two years from date of Authorization to
Commence Work;
(c) removal and replacement of any temporary turning circle - two years from date
of Authorization to Commence Work;
(d) street storm sewers - one year from date of Authorization to Commence Work;
(e) storm water drainage and management system - one year from date of
Authorization to Commence Work;
(f) (i) boulevards and sidewalkn 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 hfler occupancy of fa'st dwelling to be
occupied adjacent to segment as identified by the Town's DLrector 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 Commence
(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 adjacem 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;
6
(i)B other fencing adjacent to commercial sites and school sites - one year
from date of Authorization to Comn~nce Work; and
(i)C other fencing adjacenl to roads adjacent to the plan and separated from
the plan by a reserve or reserves - six months after occupancy of first
dwelling to be occupied adjacent to segment as identified by the
Town's Director of Public Works, but no l~er 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 izsue to the Owner a Completion Acceptance Cex~dficate.
(2) Despite the provisions of subsections (l)(f)(i) and (l)(j)(i)C, where the occupancy of
the f'rrst dwelling unit occurs in November or December of any year, the time limit for
construction of the adjacent boulevard, sidewalk or fencing segn-~nt shall be extended
to Sune 30 in the following year.
19. FAILURE TO COMPLETE / IMPROPER PERFORMANCE
(1) 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 cons~ucted or inztalled, 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 term~ 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
D'ffector 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 f'fled with
the Town under section 21.
20. GUARAN~E OF WORKS. WORKMANSHIP AND MATERIALS
(1) The Owner shall guarantee all Works, workmanship and materials employed or used in
the construction, installation or completion of Works, services and other requirements
under this Agreement for a minimum period of two years (the "maintenance period")
following the issuance of the Completion Acceptance Certificate by the Town.
(2) Despite any other provisions of this Agreement, the responsibilities of the Owner during
the maintenance period shall include the maintenance of the Works, including the
rectification of any unsatisfactorlly installed Works.
(3) Prior to the end of the maintenance period, the Owner's Consulting Engineer shall
submit to the Town,
(a) "as built" construction drawings for the Works complete as l~r Town
standards, together with that Consulting Engineer's certificate that those
drawings accurately depict the Works as consuucted; and
7
(b) a statement by an Ontario Land Surveyor that aH standard iron bars az shown
on the registered plan, and survey monuments a~ aH block comers, at ~,e ends
of aH curves (other than corner roundings) snd at aH points of change in
direction of streets in the plan have been found or re-established.
(4) Prior to the end of the maintenance period, the Town will re-inspect the Works and if,
(a) the Works are acceptable; and
(b) the Owner has performed aH 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 Cet~'lcate 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 j[~.rfonned aH of its obligations under the tenm 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 shah be extended to the end of the rectification period.
(6) At the end of the rectification period, the Town will m-inspect the Works und if,
(a) the Works are acceptable; and
(b) the Owner has performed aH 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 aH of its obligations under the terms of this
Agreement to the satisfaction of the Town,
the Town's Director of Public Works shah determine, in his sole discretion, whether a
further rectification period will be granted, and, if so, upon what terms and conditions,
o~ whether the Town shall proceed under the provisions of section 19, or both.
21. PERFORMANCE AND MAINTENANCE SECURITY
(1) Before this Agreement will be executed by the Town, the Owner shah trfl. e with the
Town an irrevocable letter of credit, issued by a chartered .bank in Canada tn 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) guarnnteeing the satisfactory construction, installation or performance of the
Works;
(b) guaranteeing the payment of any amounts payable to the Town under this
(c) guaranteein~ the payment of any amount thai the Town may be required to pay
under the provisions of the Co~r~,,c~ion £ien Ac~, or any successor thereto, and
8
(d) guaranteeing all Works, workmanship and materials during the maintenance
period and any rectification period or periods and untii 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
satisfactoriiy 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 holdhack 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 lrmal completion has been made by the Owner's
Consulting Engineer;
(ii) 45 days following the mnlrlr~g of such certifIcate have expired;
(iii) all liens that may be claimed against any holdback required to he
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
retumed 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
U~til the Town's Director of Public Works has issued the Final Acceptance Certificate for the
Works, the Owner shall indemnify the Town against all actions, causes of actions, suits, claims
and demands whatsoever, which may arise either directly or indirectly by reason of the Owner
undertaking the project or servicing the Lands as required under this Agreement.
23. LIABILITY INSURA/,~C£ ~OLIC¥. :-~I'~OVISION FOR DEDUCTIBLE
(1) Before this Agreement will be executed by the Town, the Owner shall f'fle with the
Town a Certificate of Insurance verifying that a Liability Insurance Policy is in effect,
setting out the essemial 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.
9
(2) The policy shall comply with the following provisions:
ia) the minimum limit per occurrence shall be $5,000,000 all inclusive for propen~
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 thc insurer thirty days in advance of the expiry date.
(3) The policy prem/um 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 Ce~ificate has been
issued by the Town's Director of Public Wozks.
(4) If the policy coverage is subject to a deductible amount, the Owner shail file with the
Town, when fding the Certificate of Insurance, a cecdfied c .h~u. e or letter of credh with
the Town in the deductible amount, as a deposit, together with a letter from the Owner
authorizing the Town to appoint an inde~endem adjuster and to inv?.tigate claims less
than the deductible amount and authorizing the Town to pay such clatrns deemed valid
by the adjuster out of the deposit; the Owner shell be responsible for all adjnsunent
service costs and shall maintain the deposit throughout the term of flxis agreement in the
amount of the deductible.
(5) The provision of the insurance policy required by this secti.o.n shall no~ relieve th.e.
Owner from liability for claims not covered by the policy or which exceed ils lira/ts, if
any, for which the Owner may be held responsible.
PART 3 - DEV~OPI~G THE PROJECT
24. CONSTRUCTION AND OCCUPANCY OF BUILDINGS
(1) No building permit shall be issued for any building or pan of a building on the Lands
until,
(a) all buildings and structures on the Lands prior to dra~ 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 pan thereof and extended to an existing maintained road; and
(d) the Owner has paid. to the Town the applicable development charge for each
dwelling in that building or pan 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 perroJt.
(3) No application for a municipal occupancy p~rmit 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 pan thereof;
(b) electric service is completed and in operation; and
(c) such curbs, ~ in thc opin/o;~ of thc Town's Director of Public Works, are
requ/red to be completed prior to occupancy have been constructed on the mad
immediately in front of the building or pan 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 a~sumed by the Town.
10
DESIGN PLANNING - RESIDENTIAL UNTfS AND NOISE ATTENUATION STRUCTURES
(1) Prior to the issuance of any building permit for the construction of any residenrial unit
on the Lands and the conslmction 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
repon outlining siting and architectural design objectives for the project.
(2) That repo~ may be required, at the Director's option, to provide the following
information:
(a) house massing;
(b) sueetscape;
(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 consuuction of a residential unit to
be erected 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 smictures to be erected and the location of all
facilities and works associated therewith;
(b) the location of landscaping features, includlng trees to be preaerved;
(c) s~reetscape 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 block, s; and
(f) any other data or information reasonably requi~d.
26. SPECIFIC PROVISIONS RESPECTING DEVELOPMENT
The Owner shall comply with any specific provisions respecting the development of this project
set out in Schedule D.
PART 4 - F/HA~N~/AL M,~-I ~e~
27. EXPIRY OF SECURrrlES
(1) Should any letter of credit security required to be ]provided be~under expire before file
T. own releases the Owner from the terms and conditions hereof, the Owner shall provide
to the Town at least 30 days in advance of the expu'y date of that security, a futtber
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 expLring security.
28. PAYMENT OF LIENS AND OTHER CLAIMS
(1) The Owner shall discharge or vacate any liens or claims filed with the Town or
registered on title ~.c..~n.~ 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 fde 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;
Il
(b) all accounts for work or service performed and materials placed or furnished
upon or in respect of the cons~'uction /md 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 Con,~truction 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 unem.[ploymem
insurance deductions, income tax deductions, or by way of contrioution or
assessment under the Worter$' Compensation Acf;,
(e) the Owner has not made any assignment for the benefit of creditors, nor has
shy receiving order been made agsinst it under the BdtOCr~ptCy 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 Worlds and services.
29. PAYMENT OF ]NTERF_ST ON OVERDUE AMOUNTS PAYABLR
The O~lle£ shall pay interest at the rate of 15 pex cent per year to {he Town on all sunls of
money payable hereunder which are not paid on the due dates calculated from such due dates.
30. PA]~ OF P~TY ,aND BUSINESS TA~ / LOC,aL 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 required by law from time to time.
(2) Before th/s Agreement will be executed by the Town, the Owner shall commute and pay
to the Town or to the Regional Municipal/ty of Durham all local improvement charges
assessed against the lands in the plan,
31. PAYMENT OF DEVELOI~MENT 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 - fire facilities;
(d) protection - fire vehicles and equipment;
(e) storm diainage, roads, sidewalks, storm sewers, lighting and other services;
(f) transportation - woxks yards, vehicles and equipment;
(g) transportation - transit;
(h) parks - parkland acquisition;
(i) pa~s - parkland development;
major recreational facilities - major indoo~ 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 be erected in the plan shall
he 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 ~n thi~ pl~.~ md la.nd ~ot L'~ this plan, the amount of the dev¢l .o~n~.nt
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.
12
32. PAYMENT OF ENGINEERING. LEGAL AND REGISTRATION FEES
(1) Before this Agreement will be executed by the Town, the Owner shah 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.
(2) Before this Agreement will be executed by th~ Town, th~ Owner shall pay by cetxi.fied
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 Depamnent.
(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.
PARTS - TRAHSFF3~ AIVD IgEGI, b-I le, ATIOI~
33. TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN L~U THEREOF
(1) Upon executing this Agreement, the Owner shall convey or cause to be conveyed to the
Town, free and clear of aH encumbrances and at no cost to the Town, aH of the lands or
interests in lands identified in Schedule A for the purposes set out thesein.
(2) The Owner hereby warrants that, upon su.ch 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 ont
in Schedule A.
(3) Where none of the lands identifv'..d 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 paddand 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 shah
contain the Storm Drainage Work~ 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 ia to be
registered pursuant to this Agreement.
34. RELEASI~ 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 shah deliver to the Town the
following: ,
(a) four red-lined copies of this Agreement executed by the owner and aH Encumbrancers;
(b) aH monies, securities and insurance required by this Agreement;
(c) three executed copies, in a form suitable for registration, of each Transfer/Deed requited
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 Agreement and shah include an
acknowledgement in any offer to purchase or other similar document dealing with the
Lands, or any part of them.
13
(3) The Owner shall indenmlfy and save harmless the Town mm 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.
(4) The Owner shall execute such further assurances of the rights hereby granted as may be
deemed necessary by the Town.
IN WnNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals
attested to by the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
884396 Ol"',H'.ad~lO INC.
Lawrence P. MacDonell, P~.~ident
THE CORPORATION OF THE TOWN OF PICKER[NO
Wayne Anhurs, Mayor
Bruce Taylor, Clerk
14
ENCUM~RANC~ - HEINZ RAEDISCH
The Encumbrancer hereby postpones any fights or interests which it has in the Lands with the intent that
this Agreement shall take effec~ as ~hongh executed and reg~ered 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 ~ny 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 fight, title or claim which could not b~
exercised by the Owner by reason of the terms of Lifts Agreement.
Dated at , this day of ,1992.
SIGNED, SEALED AND DF~LIVERED
In the presence of
(seal)
~ RAEDISCH
ENCUMBRANCER - THE TORONTO-DOMINION BAN'~
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 fight
or interest and prior to the execution and registration of any mortgage, agreement or other documem
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 fight, 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 & DKLIVERED
THE TORONTO-DOMINION BANK
15
TRANSFEIt5 OF ~ OR ~ 17V L4ND5 OR PArMENT5 IN 12EU TtIF~F~F
(Section 33)
1. CONVEYANCES REQUIRED TO BE MADE TO THE TOWN
Block 8 Paddand Fee simple
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
Die.or of Public Works
2. STORM DRAINAGE WORKS EASEMENT REFERENCE PLANS
(1) Before the Town will advise the Regional Municipal?y 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 pl.~. 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
withh each easement shown on any proposed reference plan, the Owner's Comultln~
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 wodcs, 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 D/rector of Public Works is not satisfied wi~h the actual location of the
works in relation to the proposed easement or easements, the Owner shall obtain and
deliver to the Town one draf~ copy of a revisedproposed reference plan, and the
provisions of subsection (2) and of this subsection will continue to apply.
(4) Where the Town's D/rector of Public Works determines that the Town requ/res
easements not specificaliy referred to in section I of this Schedule, the Owner shall
obtain and deliver to the Town one draft copy of e .a~.h proposed reference plan required
to effect the conveyance of the such easements wlthin 30 days, and the provisions of
s~ibsections (2) and (3) will apply.
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) INTERF~T~TATE TRANSFERRED
Subject to the following terms and conditions, the free, uninterrupted and unobstructed right and
e~sement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconsmict and
remove storm drninage works together with appurtenances thereto (herein cnHed the "works") in,
over, along, across, upon and unde~ the land described in Box 5 (he. in cslled the "lands"),
together with the fight to the Transferee, its servants, agents and contractors with all necessary
vehicles, supplies and equipment to enter onto the lands and pass and repass over the lands for
the purpose of exercising or enjoying any of the rights grantedherein..
16
The terms and conditions which the paz~ie~ hereto covenant and agree to observe and be bound
by are az follows:
1. The Transferee shall, except in caze of emer~eney, before commencing any work
authorized hereby, give to the Transferor forty-eight hours previous wrinen notice
thereof, and in cases of emergency such previous notice thereof az 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 8r~s cover disturbed
thereby, and do necessary grading to ensure soft and slope stability, and remove
equipment.
3. The Transferor shall not erect any building ur structure (except a fence) on the lands,
and shall not place or remove any fill on or from any pert of the lands without the
previous written consent of the Transferee.
4. The tight and easement granted herein shall he subject to all leases, licences, and any
rights of use or occupation existing at the d~e bereof, and the Transferor may from time
to time renew or extend these or m~ke new ones, so long az they do not interfere
unreasonably with the fight and easement herein granted.
The Transferor hereby releases the Transferee from any claim which may arise out of
the exercise by the Transferee of the right and easement gr~nted hereby or which nusy
arise out of the existence, operation or non-operation of the storm drainage wur~
provided the Transferee has complied with all of the.. terms and conditions herein.
6. The Transferor shall execute such fur, her aaztu~ce~ of the fight exl easement granted
hereby az the Transferee may reasonably requeat in writing.
7. The burden of this Transfer and of ,11 the ten~ and conditions contained herein shall
nm with ~e lands.
8. This Transfer and dl of the terms md conditiom contained herein shall enure to the
benefit of and be binding upon the Transferor and the Transferee md their respective
he/rs, executor~, administrators, successor~ md assigns.
LAND BENEFITTED (DOMINANT TENEME~)
9. The benefit of this Transfer and all of the terms md 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.
17
FORM FOR PERFO~I~ AND MABVI'P~IANCE SECU~ ~I-IP./R OF CREDIT
(Section 21)
To: The Corporation of the Town of Picketing
Picketing Civic Centre
Picketing, Ontario
LIV 6K7
We hereby authorize you to draw on [name al' bank], [address of Inmk], fol' account of [nmne
~/nmy or com/nm~ ob~m~g .se..ca~]. up to an aggregate amount of [a~t o~sec~Ry
/n,fid/] available by drafts at s~ghi for 1007o of demand as follows:
Pursuant to the request of our customers(s), the said [name o~ comlpmsy or co.ramies
~ecarity], we [name o~'bank], [address ofbaa~, hereby establish and give to you an irrevocable Letiet
of Credit in your favour in the total amount of [amosa~ o~ecm'~y/a ammO, r# and ~ word.~] which may
he 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 fig~t aa 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 oj' bml/~, [a~a~e~ ope b~.], at such time sa a
written demana for vayment is made upon us. u cert cate sis by or concu s that
monies drawnpursuant to. thi.~.. Letter of Credit are payable to you. or or have been expended
pursuant to obligations recurred or to he incurred by you with reference to your fti¢ resarding a
Subdivision Agreement dated [d~te o/Agreement], between [n~te o/signatories to Agreement,
~ To~,t~ ~,~towl~llcer($)] and The Corpo. ration of the Town of Picketing; this Letter of Credit is
given aa the Performance and Maintenance Security required by section 21 of dutt A~reement.
Partial drawings are permiued.
The amount of this Letter of Credit shall be reduced from time to time ss advised by notice in writing
given to us from time to time by you.
This Letter of Credit will continue up to and including ldate ofe~l~y ~l_~er o~Creditl and will
expire on that date arid you may call for payment of the full amoum outstanding under this Letter of
Credit at any time ~rp 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 ill 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 term8 of this credit that such drafts will be duly honoured if drawn and negotiated
on or hefo~ ldate o/expiry of Leuer o/ Creditl.
The drafts drawn under this credit are to be endorsed hereon and shall state on their face that they are
drawn under Ina, m ~ ban~l , i,u~rea~ of ban~l.
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.
18
CHARC.~, I~'G/N~./NG AIVD/.g~AL FF2~
(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 single or semi-detached dwelling
within ~ project is M,582.
(2) From and after October 8, 1992, the develolnnent charge payable for each single or
semi-detached dwelling unit within this project will b~ as set out in sub~ecfion (1) as
adjusted on October 8, 1992, and annually on every October 8 ~hereafter until they are
paid, in accordance with the Engineering News Record Cost Index (Toronto).
(3) The development charges set out in subsection (1) have been derived as follows:
administrative services - town offices $346
adminis~ative services - capital growth studies 78
protection - tr~re facilities 85
protection - fire vehicles and equipment 142
storm drainage, roads, sidew*llrs~ storm sewers, lighting and other services 886
transpomttion - wozks yards, vehicles and equipt~nt 189
parks - parkland acquisition 365
parks - parkland development 757
major recreational facilities - major indoo~ recreational facilities 795
library - library facilities 211
libra~j - lib~at7 materials 130
electrical distribution services and facilities 550
total $4,582
2. ENGINEERING DRAWING 12qSPECTION FEE PAYABLE
The amount of the Engineering Drawing Inspection Fee payable for this project is $280.00
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.
19
SP~ClFIC PROVISlOI~ I~Sl'gCT~G DL~F~OP)~2V'I'
(Section 26)
1. EXPECTED NUMBER OF DWELLINGS
(1) This Agreement has been entered into in the expectation that eight dwellings are to be
constructed on the Lands - one each on Lots I to 7 and one on the lot formed by the
consolidation of the lands described in section 2 of this Schedule.
(2) If more or less than eight dwellings are to be constructed in ~ project, the Town at its
sole discretion may requite 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. CO-ORDINATED DEVELOPMENT - BLOCK 9
(1) Block 9 shah be developed by the Owner only in conjunction with Block 54, Plan
40M-1261, Pickering, to provide one dwelling unit.
(2) The development of the lands described in subsection (1) shall be governed by the
provisions of this Agreement.
(3) The Owner shall maintain Block 9 to the Town's satisfaction until it is developed.
B. NOISE A'VFENUATION MEASURES
(1) In the development of this project, the Owner shall implement the noise at~nuation
measures recommended in the engineering report.dated April 30, 1991, prepared by S.S.
Wilson and Associates Limited, Professional Engineers.
(2) Upon the completion of the implementation of those measure.s, the Owner shah provide
to ~.e 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 shah 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 $?,300.00 pursuant to which the Town may
draw any amount up to the full amount, thereof in the event that the Owner fails to
provide the Certificate of Compliance required under subsection (2) within three years
of the registration of the plan.
(4) The Owner shall keep the letter of credit in good standing at aH times and, should the
Town draw upon it at any time, the owner shah forthwith increase the face value
thereof by the amount of the draw.
(5) Any draw upon the letter of credit made by the Town pursu, ant to.subsection (3) shall be
deemed to be a penalty for the breach by the Owner of its obligations hereunder and
shall not absolve the Owner from complying with the provisions of this section.
(6) Upon receipt of the Certificate of Co~iipliance required under subsection (2), the Town
shaH return the letter of credit to the Owner, but under no citcumatances shaH any
amount drawn upon it by the Town be returned or refunded to the Owner or to any other
(7) The Owner shaH indemnify and save harmless the Town,
(a) from any loss, inconvenience or damage which may result from the Owner
failing to comply with any provision of this section; and
2O
(b) against any action or clahn made against the Town by any person arising out of
~he implementation or non-implementation of the noise attenuation measures or
out of the execution of th/s Agreement with this section in it.
4. CONSTRUCTION TRAFFIC
The Owner shah ensure, wherever [vossible, that construction traffic serving the development of
this plan does not use Aspen Road or Pebble Court but rather enters the Lands di~ectiy from
White's Road.
Prior to the commencement of any construction, the Owner shall erect a 1.5 metre high green
vinyl-coated chain llnk fence along the north boundary of Lot 1, except the easterly six metres
thereof.
21
SPECIAL PROVIY~iOI¥$ REQUIRED B~ THE RE~OlVAL MU'IflCIPALJTT OF DURttAM
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 dated January 24, 1990, as amended
July 14, 1992 and September 30, 1992 of Draft Plan 18T-89049 by the Commissioner of Planning of the
Regional Municipality of Durham (the "Approval").
I. THE MINISTRY OF THE ENVIRONMENT ¢"MOE")
MOE requires that the Owner insert the following warning clause in the agreements of purchase
and sale for each lot:
"Purchasers/tenants are advised that despite the inclusion of noise control features within this
development area and within tl~ building units, sound levels f~om increasing road traffic on
Whites Road may continue to be of cone. em, occasionally interfering with some activities of the
dwe.lling oc ,,c~pants as the sound level exceeds the noise criteria of the Minisu'y of the
F, rlvffolll'tlent. '
22
Transfer/Deed of Land
Form 1 -- Land Regl~tratkxt Referm Act, lg~4
(1) Regbt~/ [] La~dTItl~ [] 2) Pagel of pages
(3) Propen'y Block Prof~rty
IdsotltleKs) Additional:
(41
Dollars $
(5) De~crtptlon This is a: Property Property
Division [] Conaolidation []
New Property Identifiers
Additional:
t~fe~
($1 Thll (a) Redsecription , (b) Schedule for: (7) InfemUEltlfe Tranlfenld
Oo¢~me~t New Easement Additional Fee Simple
, Description [] Parties [] Other []
Confelll~ plan/Sketch []
(8) Trermfero~s) The transferor hereby transfers the land to the transferee and certifie~ that the tranaferor is at least eightean years old and that
Date of Signature
............................................................................... Y M D
Name(s) Signature(s)
6) Spouea(a) of Transferor(s) I hareby consent to this transection Date of Signature
Name(a) Signature(s) Y M D
tO) Tm~,o~a) Addre~
for ~
[11) Transferee{s) Date of Birth
.....~...~..~.~.~ ............................ ~ .~.....Axe..~:s.,...~..~.~: ....................
(12) Tranlf~s) Addmse
IorServtce Pickering Civic Centre, One The Esplanade, Pickering, Ontario L1V 6K7
> I(13) Trlniferor(s) The transfe;or verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the
J Planning Act. 1983. Date of Signature Date of Signature
. ,YiM~D, , : Y
I Signature ......................... : .............. : S~gnature ...........................................
~ Solicitor tm' Transferor(s) I have explained the effect ol section 49 of the Planning Act, 1963 to tl3e transferor and I have made incluirise of the transferor
~f to determine that this transfer does not contravene that section and based On the information supplied by the transferor, to the best of my knOwledge
Z I and belief, this transfer doea not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
--OI Name and I Y , M ; D
O [ Solicitor ~gnaTure ...................................
~ I '~ I (14) ~ fo~ Tran~feres(i) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title
'~ I~'~ ~,l reveal no co~trevention as set out in subclause 49 (21 a) (c) (ii) of the Planning Act, 1963 and that to the hast ot mY knowledge and be~iet thrs
~ E~J transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontado
'~ {~L~ ~ solicito~ in good standing.
I;,-~= I .,~e and Date of Si~nat~ro
I~ ~'~,1Addre. of ¥ ~
s.gnat.,. ................................ . .... ....
(18) AleallmentR~lNumll~r } C~/ 'Mu.I Map ! Sub. Par, I~ Feel andTax
)(16) Municipal lddrel~ of Property ' (171:Document' Prepared' by:. Registration Fee
Tcx, m of picke2ing
One The Esplanade
Pickering, Ontario ~ ,o,