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HomeMy WebLinkAboutBy-law 2925/88 THE CORPORATION OF THE TOWN OF PICKERING ,,. BY-LAW NO. 292~88 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot I8, Concession 1, Picketing (Draft Plan lgT-BT003; J.D.S. Investments Limited ! J. Israeli (Brock) Limited). WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 18, Concession 1, Picketing, has been approved by the Council of The Corporation of the Town of Picketing and the Regional Municipality of Durham, subject to several con- ditions, one of which requires the entering into of a satisfactory Subdivision Agree- ment with The Corporation of the Town of Pickering; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: t. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree- ment, in the form attached hereto as Schedule A, respecting the development of that part of Lot 18, Concession 1, Picketing, included in Draft Plan 18T-8700B (J.D.S. Investments Limited/J. Israeli (Brock) Limited). BY-LAW read a first, second and third time and finally passed this 17th day of October, 1988. / J6h~n 'E. Andersdtt~ Ma~h~r- Bruce Tay~6r,/Clerk THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2925/88 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 18, Concession 1, Picketing (Draft Plan 18T-87003; J.D.S. Investments Limited / J. Israeli (Brock) Limited). WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 18, Concession 1, Picketing, has been approved by the Council of The Corporation of the Town of Picketing and the Regional Municipality of Durham, subject to several con- ditions, one of which requires the entering into of a satisfactory Subdivision Agree- ment with The Corporation of the Town of Picketing; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree- ment, in the form attached hereto as Schedule A, respecting the development of that part of Lot 18, Concession 1, Pickering, included in Draft Plan I8T-87003 (J.D.S. Investments Limited/J. Israeli (Brock) Limited). BY-LAW read a first, second and third time and finally passed this 17th day of October, 1988. Bruce Tayr6r, /Clerk Schedule A THIS AGREEMENT made this 17th day of October, 1988 BETWEEN : J.D.S. INVESTMENTS LIMITED and J. ISRAELI (BROCK) LIMITED hereinafter collectively called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS, the Owner proposes to subdivide part of Lot 18, Concession 1, in the Town of Picketing 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-87003, as revised; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots 1 to 6, both inclusive, and Blocks 7 to 10, both inclusive, Plan 40M- , Picketing. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before June 30, 1989, the Town may, at its option on one month's notice to the Owner, declare this Agreement to 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. 3. NOTICE respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. 5. TIME Time shall be of the essence of this Agreement. 6. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Pickering, and shall complete, perform or make payment for such other matters as may be provided for herein. 9. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the plan of sub division. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (1) The Owner shall construct a complete storm water drainage and manage- ment system, including storm connections to the street line and catch basin leads to service ail the lands in the plan of subdivision and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) Such system shall Be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the lands outside the Dian of subdivision, which in the or~inion of thc Director of Public (5) No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowance shown on the plan of subdivi- sion. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 12. ROADS - PAVED (1) The Owner shall construct the road shown on the plan of subdivision according to the Town's specifications for paved roads of the Town in effect at the date hereof. (2) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the road in the plan that the maintenance of it has not been assumed by the Town from the time that it is opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Pub]ic Works. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the road to be con- structed pursuant to section 12, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 14. SIDEWALKS (1) The Owner shall construct the following segment of sidewalk in accordance with the time limits set out in section 1 of Schedule A: (a) along the en~tire west and south sides of Bainbridge Drive; and (b) along the east side of Bainbridge Drive adjacent to B]ock 10. (2) The Owner shall construct the following segments of sidewalk, in each (d) adjacent to Block 9 on the east side of Bainbridge Drive. (3) Despite the provisions of subsection (2), where the occupancy of the first dwelling unit occurs in November or December of any year, the time limit for construction of the adjacent sidewalk segment shall be extended to 3une 30 in the following year. (4) The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accor- dance with the standards and specifications of Picketing Hydro-Electric Commis- sion, Pickering Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (1) The Owner shall install street lights, including po]es and other necessary appurtenances, on the proposed street in the plan. (2) Electrical service for street lighting shall be provided underground and not aboveground. (3) Street lighting and its related electrical service shall be designed and inst~Iled in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. (4) The installation of street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission, 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $910 as an engineering drawing inspection fee. (2) Ail works required to be constructed by the Owner, except' those re- ferred to in sections 15 and I6 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 18. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, naming the Town as an insured and indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner in the plan 19. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, at any time after the first 50%, 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) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) 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 pay- ment into court l and (c) seventeen per cent (17%) of the original value where, (i) a certificate of final completion has been made by the Own.er's Consulting Engineer; (ii) 45 days following the making of such certificate have expired; and (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. 20. DRAINAGE- SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage ~ of ail adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agree- ment, and shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by- the Owner, at no cost to the Town, of suit- able swales and catch basins to manage adequately, in the opinion of the Town's Director of Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation. The grading of all lands shall be carried out by the Owner in accordance with the approved Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision hy the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. (6) Despite any time limit otherwise applicable pursuant to section 1 of Sched- ule A, the Owner shall sod the front, side and rear yards of each of the residential lots and blocks except for paved, planted or treed areas, within the six months immediately following the occupancy of the first dwelling unit erected thereon, unless such occupancy occurs in November or December of any year, in which case the time limit for such sodding shall be extended to June 30 in the following year. 21. INCOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public %Vorks, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or ;again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the Owner (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Bainbridge Drive as public highway upon the registration of the plan. 23. TRANSFERS - CONVEYANCES (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration thereof, all of, (a) Blocks 13 and 14 (Bainbridge Drive reserves). (2) Notwithstanding the provisions of subsection (1) ~ above, a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. 24. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate $hall deem necessary for the provision of storm water drainage and management facilities both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (2) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1) shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Drive.way. Approaches To pave all, driveway approaches between the curb and sidewalk. public lands, other than in the actual construction of roads in the plan of subdivision without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (i). (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Construction Traffic Wherever possible, to ensure that construction traffic serving the devel- opment of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) Qualitative or Quantitative Tests The 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 of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. (f) Relocation of Services (i) To pay the cost of relocating any existing services and utilities caused by the subdivision work within 30 days of the account for same being rendered by the Town. (ii) Similarly to pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (g) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (h) Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (i) Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (j) Engineering Drawing Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivi- (ii) Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. (1) Survey Monuments & Markers Prior ~o the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found or re-established ali standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. 26. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service, (2) No building or part of a building in the subdivision shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric service is completed and in operation; (iii) An asphaIt base has been laid on the road immediately in front of the building or part thereof and extended to an existing main- tained public road; and (iv) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road and extend to an existing maintained public road. (4) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 27. DESIGN PLANNING (1) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architec- tural design objectives for the subdivision, which approval shall not be unreasonably withheld. (2) The report referred~ to in subsection (1) may be required, at the Direc- tor's option, to provide the following information: (a) house massing; (b) street scape; (4) The plans and drawings referred to in subsection (3) may be required, at the Director's option, to provide the following information: (a) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; (b) the location of landscaping features, including trees to be pre- served; (c) streetscape 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 required. 28. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of, (a) $2,750 per unit if paid in 1988; (b) $2,875 per unit if paid in 1989; or (c) $3,050 per unit if paid in 1990 or later. for each dwelling unit to be erected in the Plan. (2) No building permit shall be issued for any dwelling unit unless payment of the unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. (3) In any event, the Owner shall pay all levies payable under the provisions of this section in full no later than 18 months from the date of registra- tion of the plan. (4) A letter from the Clerk of the Town advising that the unit levy has been paid shall be deemed to be a release of this section for the lands referred to in the said letter. 29. FINANCIAL SECURITY The Owner shall, immediately prior to the registration of the plan, deposit with the Town, a security payable to the Town, in a form satisfactory to the Town, for the sum of $79,300 as security for the payments referred to in section 28 hereof. 30. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the plan of subdivi- sion, as required by law from time to time. (b) Local Improvements'; Prior to the registration of the plan, to prepay any outstanding local improvement charges which are levied against any of the lands in the plan. (d) Registration Fees To pay all registration costs incurred l~y the Town relating in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the Land Titles Office. (e) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 31, EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, 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 to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the riglxt to convert the expiring se6urity into cash and hold the cash in lieu of and for the same purposes as any further security. 32. PROVISION OF PARKLAND Prior to the registration of the plan, the Owner shall pay to the Town the sum of $47,775 in cash or by certified cheque, which sum the Town shall accept in full satisfaction of the Owner's obligation to provide parkland. 33. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 26 trees of a size and type acceptable to the Town. (2) A schedule o~ the Owner's tree planting scheme shall be approved by the Director of Planning prior to the'planting of any trees. (3) The. trees approved by the Town shall be planted by the Owner when the boulevard into which they are to be planted is sodded. (4) If the density is too great to enable 26 trees to be planted, the Owner shall pay to the Town $I00 for every tree which cannot be planted for tree planting in a public land area within the community in which the plan is located. 34. TREE PRESERVATION (1) The Owner shall retain, at its own expense, a qualified expert to prepare (4) Until such time as the Program is approved, the Owner shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. (5) In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the opinion of the Town's Director of Parks and Recreation, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall replace that tree with a tree of a height, diameter and spe- cies determined by the Director~ such replacement shall be at no cost to the Town. (6) The Owner's liability under subsection (5) shall continue until, (a) where the lands upon which the tree is located comprise a res- idential building lot or block, twelve months after the completion of the sodding on the lot or block, or (b) where the lands upon which the tree is located comprise lands other than a residential building lot, the expiry of the guarantee period referred to in section I of Schedule A of this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED J.D.S. INVESTMENTS LIMITED ISRAELI (BROCK) LIMITED THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, M-~yor Bruce Taylor, '~lerk ENCUMBRANCER - CITIBANK CANADA This Agreement shall have priority over and take precedence over all of the rights or interests of Citibank Canada, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at , , 1988. SIGNED, SEALED & DELIVERED CITIBANK CANADA SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (1) In this section, "preservicing" means the undertaking, prior to the registration of this plan of subdivision, of any works or services required to be undertaken by the provisions of this Agreement, on the Lands or on any lands adjacent thereto, and 'preservice' has a corresponding meaning. (2) The Owner may undertake preservicing limited to earthworks (including preliminary grading, soil movement and storage) only with the prior written approval of the Town which may be issued by the Town's Legal Services Department only after the Owner has, (a) executed this Agreemen. t; (b) supplied a satisfactory liability insurance policy pursuant to section 18; (c) provided a Grading Control Plan submission pursuant to section 20 which has been approved, subject only to the provision of corrected drawings, by the authorities referred to in section 20(3); and (d) submitted a Tree Preservation Program pursuant to section 34 which has been approved by the authority referred to in section 34(2). (3) The Owner may preservice this project only with the prior written ap- proval of the Town which may be issued by the Town's Legal Services Department only after the Owner has, (a) executed this Agreement; (b) supplied a satisfactory liability insurance policy pursuant to section 18; (c) supplied a satisfactory performance and maintenance security pursuant to section 191 (d) provided a Grading Control Plan submission pursuant to section 20 which has been approved, subject only to the provision of corrected drawings, by the authorities referred to in section 20(3); and (e) submitted a Tree Preservation Program pursuant to section 34 which has been approved by the authority referred to in sub- section 34(2). (4) Despite the provisions of subsections (2) and (3), preservicing limited to, (a) making soil quality and compaction tests, (b) surveying t.he boundaries of the Lands and of proposed lots, blocks and roads thereon, (c) marking existing and proposed grade elevations, id) tests and examinations of the Lands necessarv for the ~re~aration (5) The Owner shall complete all works, services and requirements under this Agreement, (a) within one year of the date of registration of the plan of subdivi- sion if preservicing (except pre-servicing limited to that de- scribed in subsections (2) or (4), or both) has occurred with or without the Town's approval, or (b) within two years of that date if no preservicing (except pre-servicing limited to that described in subsections (2) or (4), or both) has occurred. (6) The Owner shall guarantee all works, workmanship and materials employed or used in the construction, installation or completion of all works, ser- vices and requirements under this Agreement for a period of two years from the date that the works, services and requirements are approved in writing by the Town. 2. TEMPORARY TURNING CIRCLE REMOVAL The Owner shall remove, at its sole expense and to the Town's specifications, any temporary turning circle located immediately adjacent to the plan on a public highway to be extended by the Owner into the plan, and shall replace any such circle with permanent services as if the highway were a road in the plan. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 4. RESERVED FUTURE DEVELOPMENT BLOCK - BLOCK 10 (I) Block 10 shall be reserved for future development; such development shall not commence without the prior written approval of the Town which may be subject to conditions. (2) Until such time as Block 10 is developed in accordance herewith, the Owner shall maintain it in a clean and orderly condition to the satisfaction of the Town. 5. DWELLING 'UNIT COUNT (1) In the event that more than 26 units (one each on Lots 1 to 4, two each on Lots 5 and 6, and six each on Blocks 7, 8 and 9, are to be constructed in this plan pursuant to this Agreement, an amendment to this Agreement shall be required. (2) In the event that le'ss than 26 units (as described in subsection (1)) are to be constructed in this plan pursuant to this Agreement, KINGSTON ROAD (HIGHWAY 2) IMPROVEMENTS (1) In the development of the plan, the Owner shall improve Kingston Road adjacent to the plan as if that portion of Kingston Road were within the plan. (2) In subsection (1), the term "improve" includes, (a) construction and installation of storm sewers and related appurtenances; (b) construction and installation of curbs and gutters; (c) construction and installation of sidewalk; (d) construction, grading and sodding of the boulevard; and (e) upgrading existing street lighting, on the south side of Kingston Road adjacent to the plan. (3) All works constructed or installed pursuant to this section shall be subject to the approval of the Town's Director of Public Works and the Ministry of Tranportation. SCHEDULE B 1. SPECIAL PROVISIONS REQUIRED BY THE REGIONAL MUNICIPALITY OF DURHAM The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval (hereinafter referred to as the "Approval"), dated October 2, 1987, as amended November 12, 1987 and December 16, 1987 of Draft Plan 18T-87003 (Revised) by the Commissioner of Planning of the Regional Municipality of Durham and these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any way to any of the other provisions of this Agreement, 2. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY (,M.T.R.C.A. ,,) The Owner shall, (a) obtain a permit for the works described in Condition 14(c) of the Approval, and (b) submit individual lot, site and grading plans to M.T.R.C.A. for its review and approval for Lots 1 to 6 and Blocks 7 to I0 inclusive. These plans shall be submitted prior to the issuance of building permits by the Town. 3, MINISTRY OF THE NATURAL RESOURCES ("M.N.R.") The Owner shall, (a) implement the recommendations in the reports required in Condition 15 of the Approval, (b) maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to M.N.R., and (c) advise M.N.R. of the commencement date for grading prior to the initiation of any on site works. 4. MINISTRY OF THE ENVIRONMENT ("M.O.E.') (1) Prior to the development of Block 10, the owner shall submit to M.O.E. for review and approval a noise study recommending the necessary noise attenuation measures and the owner shall implement the recommended measures. (Z) The owner shall insert the following clause in the subsequent (sic) offers to purchase and sale of Block 10: "Purchasers are advised that despite the inclusion of noise control features within the 'development area and within the individual building units, noise levels may continue to be of concern, occasionally interfering with some activities of the dwelling occupants." SCHEDULE C 1. FUTURE CONTRIBUTIONS TO OVERSIZING COSTS (1) In the event that the storm water drainage and management system required by the Town to be constructed by the Owner pursuant to the provisions of section 10 of this Agreement is to be of a larger capacity, in whole or in part, than necessary to service all the lands in the plan of subdivision, then the provisions of this section shah apply. (2) Within 60 days of the verification by the Town's Director of Public Works, of the satisfactory completion of the storm water drainage system, or any part thereof, as the case may be, as provided for in section 19(3) of this Agreement, the Owner's Consulting Engineer shall provide to the Town, in a form satisfactory to the Town, (a) a detailed summary of the Owner's actual cost of the design and construction of the required storm water drainage and management system, excluding lateral connections but including the costs of acquisition of lands outside the plan; and (b) a detailed estimate of the Owner's probable cost thereof had the system been required by the Town to service only the lands in the plan. (~) Within ~0 days of the receipt by the Town of the summary and estimate referred to in subsection (2), in a form satisfactory to the Town, the Town Manager shall determine and notify the Owner in writing of the following: (a) the area of the lands outside the plan of subdivision, if any, that the storm water drainage and management system shall be deemed to service for the purposes of this section (the "external lands"); (b) the portion of the Owner's actual cost, referred to in subsection (2), that the Town shall deem to be applicable to the external lands for the purposes of this section (the "oversizing cost"); and (c) the amount of the oversizing cost that the Town shall deem to be applicable to each hectare of the external lands (the "per hectare oversizing cost"), and that determination shall be final. (4) In the event that the external lands, or any part thereof, are to be developed by plan of subdivision, plan of condominium or any other method requiring a development agreement, then the Town shall endeav- our to ensure that the owner thereof pays to the Owner herein, prior to the development of those lands, all or an appropriate portion of the oversizing cost, (a) calculated according to the gross area immediately prior to devel- opment of the external lands to be developed and the per hectare oversizing cost, and (b) adjusted annually, for a maximum of five years from the date of the notification referred to in subsection (3), above, according to the Southam Construction Cost Index for Ontario, composite portion. the Town, its officers and employees and their respective heirs, execu- tors, administrators, successors and assigns, of and from all actions, causes of action, accounts, claims, debts, .damages, demands, and costs associated therewith, arising, to arise or which may hereafter be brought against them, or any of them, by or on behalf of the Owner, or any other person, because of the provisions of this section or any error, omission, failure or negligence in the application thereof. Resolution #90/87 Roved by Councillor Robertson Seconded by Councillor Stoner That Town Counct1 recommend to Regional Council that Draft Plan of Subdivision 18T-87003 submitted by 610823 Ontarto Ltmlted and 566626 Ontario Limited on lands being Part of Lot 18, Concession 1, be APPROVED AS REVISED subject to the following conditions and revisions: 1. That this recommendation apply to the plan prepared by Malone Given Parsons Ltd., dated Oanuary 2, 1987, job number 86:013, as revised in red and bearing the Town's recommendation stamp. 2. That the owners make satisfactory arrangements with the Town regarding the required parkland dedication. 3. That the owners enter into a subdivision agreement with and to the satisfaction of the Town. 4. That the owners make satisfactory arrangements regarding the provision of all services required by the Town. 5. That the owners agree to dedicate all road allowances with proper corner roundings and sight triangles to the Town. 6. That the owners agree to convey to the Town: (a) 0.3 metre reserve at the temporary terminus of Street A shown as Block 12 on the recommended plan (b) alny other easements as required 7. That the owners make satisfactory arrangements with the appropriate authorities regarding the provision of underground wiring, street lighting, cable television and other similar services. 8. That the street within the Draft Plan be named Bainbridge Drive. 9. That the owners submit for approval by the Town, site plans and streetscape elevations showing the location and relationship of all buildings prior to the issuance of any building permits. 16/87 83 Resolution #90/87 - (continued) 10. That the architectural statement required by the subdivision agreement shall address the details of garage location and housing attachment. ll. That Block l0 of the recommended plan be maintained to the satisfaction of the Town until such time as it is developed. 12. That prior to final registration of this plan, the owner: (al submit a Draft 40M-Plan to be approved by the Town Planning Department; {b) submit a detailed tree preservation and tree planting programme to the satisfaction of the Town and agree that no trees be removed until such time as this programme has been approved by the Town, except as authorized by the Director of Parks and Recreation; (c) satisfy the Director of Public Works regarding Simcoe Engineering's comments respecting stormwater management facilities and to undertake and guarantee the construction of any work necessary as determined by the Director of Public Works to provide the appropriate permanent storm sewer connections. 13. In accordance with Town policy, the owner provide for the upgrading of the Highway No. 2 (Kingston Road) frontage to full urban standards to the satisfaction of the Director of Public Works. 14. That the owner construct a 1.8 metre high chain link fence, to specifications satisfactory to the Town of Pickering, along the eastern boundary of the recommended plan adjacent to Lots 1 to 6 inclusive and Block 7 to g inclusive. Please Quote Ref No. 1515 j 0ctobet 2, 1987 DURHAM Planntng Director r~. ,,~o..J Town of Picketing OCT Mu,~,a,~ 1305 Pickering Pkwy. ~ o...~ P ~ ckerI ng. Onto rjo ~OWN OF ,IC~E~IN~ WhR~, Oflt~r~ (~6~??a~ Re: Proposed Plan of Subdivision oa, ~. ~. u~c,A~c ~.c. kp. Region of Durham Ft 1e:lBT-87003 SOLfC~TOR co~.to~.,~p~...,.o ~ner: 610823 Ontario Limlted TO~V;i OF PIC~ERIN~ Municipal 1 ty~ . ,Town of Pick?trig ~ ....... The above draft plan of subdivision was approv~ today subject to the conditions attached herewith. A copy of the draft ~prov~ plan bearing the approval' signature ts also attached for your record. Please inform us when the applicant has ~t t~se conditions pertaining to the requirements of your municipality. It s~uld noted that we require a brief but complete stat~nt indicating ~w each of the conditions, with which your ~uniclpa)ity ts concerned, has been satisfi~. Your letteP of clearance s~uld be addressed to the undersign~ with ~py sent to the Clerk of the Regional Municipality of Durham at 605 ~ossland Road East, P.O. ~x 623, Whitby, Ontario, LIN 6A3. Yours very truly, Frankltfl Wu, Manager Current Operations Branch. : SEE2/J h Encls.~nditions of Approval Draft Approved Plan ~ent to letter daC.. October 2, 1987 qr. I~. Mlchael, Commissioner of Planning' 610823 Ontario Limited and 5666Z6 Ontario Znc. Plan of Subdivision ~8T-87003 Town of Ptckertng CONDITIONS OF ~PROV~ OF F~L PL~ FOR RE~STRATION SUBDZV~S[ON ~E ~ FOLLOWS: ~at thls approval applies to dr~ft p]an of su~v~s~on 18T-87003, pr~ar~ by ~lone Gtven P~rsons Ltd. ldentlft~ as 1987 ~tch ~s revised tn ~ as ~r attached plan sho~ng 4 *lots for slngle detached d~elllngs. 2 lots for smJ-detached ~e~]tngs. 3 bi~Rs for stree~ to.houses and 1 block for futu~ develo~ent.  T hat the road allowances ~nc~uded ~n th;s draft p]an shall be d~lcated as pub]tc ~ road In thls draft plan That lncluded fl~ed to the sa~lsflctton of Che Region of ~rhm a~ ~he T~n of Picketing, ~ That a 0.3 metre reserve(s) as shown as Block 12 shall be convey~ to the the Town of Picketing,  owner agrees road allowances with proper corner That the to dedicate roundings and sight trl~gles to the Town, ' That the o~er shall upgrade Highway No. 2 across the frontage of the subject property to full urban standards, That the owner shall construct a 1,8 metre h~gh chain link fence to the specifications of the Town, along the eastern boundary of the plan adjacent ~o Lots I to 6 inclusive and Blocks 7 to 9 inclusive. 8. 0,3; reserve as shown as 11 alon~ the entire No, 2 Highway That Block frontage of the prope~y be conveyed by deed Transportatl on and C~ntcations. ~ 9. That prior to final approval, the o~er shall su~it for approval by the Mlnsttry of Transportation and C~untcsclons a drainage plan showing the intended trea~ent of the calculated runoff.  That the owner shall convey land tO the public recreational purposes in accordance with the Planning Act. Alternatively, the municipality may eccept casa-in-lieu of suc~ conveyance. That such easements as may be required for utilities, drainage and servicing purposes shall be granted to the appropriate authority. -2- That the uses shown on the approved draft plan shall be zoned in an appropriate zontng by-law passed by the Council of the Town of Plckertng In effect in accordance with the Planning Act. Th~zontng by-law shall contain provisions ~htch vtll have the effect of ~strtcttng ~e opentngs tn all buildings to mtnl~ elevations set ~c~sul~tton with the ~tropolttan Toronto and Regton Conservation ~) ~ m Prtor to the Initiation of gradtng and prfor ~ the registration of thts plan or a~ phase ~e~f, ~e o~ner sha]~ su~tt for the ~vt~ and app~valfol?o, lngOf: the ~tropo] 1tan Toronto 4nd Regton Conse~atton ~thort~, the a) a detal]ed engineering ~eport ~at describes t~ s~m dr~tna~ for the p~posed develo~nt on the subject lands. This ~port shou]d 1nc1 ude: - plans l]lust~atfng ho~ this dratnage sys~m vt]1 rte ln~ surrounding dratnage systems - proposed ~thods for contro]]tng o~ minimizing erosion and sf]tatlon on-stte and/or tn dovnstream ~reas du~lng and ~fte~ construction; -]ocatton and descrfptfon o~ a]] outlets and other fact]tries wht~h ~qulre pe~tts under On~rto Regu]atton 293/86. b)plans for the proposed flood damage reduction ~asures to be tmp]e~nt~ for ~ts deve~o~ent. c) overall gradtng plans for the subject lands. Tha~ prtor to final registration of the p~an of subdivision, o~ any on stte gradtng, the o~ner sha]~ su~tt for the revte~ and approval of the ~tntstr7 of Natural Resources the fo]]o~lng ~eports describing: a)The means ~hereb7 e~oston and sedt~n~tton and thel~ effects ~t~ be minimized on the st~, durtng and after construction. b) The manner tn ~htch sto~a~r ~t]1 be conveTed fr~ the stte du~lng construction, tnc]udlng an7 sto~ater manag~nt ~chnlques that ~y be required ~ mfntmlze the sedtment load tn the s~ater ~eavtng the That the ~ner sba1] provtde fo~ the ex~nslon of such sanl~r7 se~er and water supply ~act]tttes ~htch are externa] ~, as ~el] as wtthtn the 11mtts of the plan ~htch 4~e requtred to se~vlce such plan. in ~ddttton, the o~ner sha?l provtde for the extension of sanltar7 sewer and ~ater supply facilities ~fthtn the ]tmtts of the plan ~htch are requtred Co servtce othe~ develo~ents external to his subdivision. Such sanltar7 se~r ~nd suppl~ ~acl]tttes are to be destgned and constructed as per the standards and requt~ents o~ the Regfon of Durham; al~ a~angwents, financial and othe~tse) fo~ satd ex~nslons are ~o be to the satisfaction of the Region of Durham and a~e to be completed p~to~ Co ftna] approval. -3- 17. That prtor to entering Into a subdivision agreement the Region of Ourham -shall be satisfied that adequate water po11 utton' control pl ant and water supply plant capactt~ are available to the proposed subdivision. ~ That prtor to ftna] approva~ of the plan, the owner sha]l satfsfj' all requirements, financial and othe~lse, of the Town of Picketing. Thts shat] tnctude, ~ng other ~tters, execution of a subdivision agre~nt between ~e o~ne~ and the To~n of Picketing, concerning the provision and Installation of roads, settees and drainage, and othe~ loca] services. ~9. That prtor ~ ftnal app~va] of the p~an, the o~ner shall sattsf~ all requtrmnts, financial and othe~tse, of the Regton of Durh~. ~Thts shall tnc]ude, a~ng o~er meters, ex~utton of a subdivision agre~nt bergen the o~er and the Regton of Durham concerning the provision and tns~]]atlon of sant~ry s~er, ~ater supply, roads and other ~gfona] services. That the subdivision be~een the and To~n of agre~nt o~ner Picketing contain, a~ng other matters, the following provisions: a) The o~ner agrees to: (1)CondttlontmP]e~nt ~5.the rec~ndatfons In the reports as requtred (tl) matntatn a]] sto~ater management and erosion and sedl~ntatlon control structures operating and tn good repair durtng the construction pertod, tn a manner satisfactory to the Hlnlstry of Hatur~l Resources. (1tl) advise the HtnJstry of ~atura} Resources of the co~ncemnt date for grading prior to the Initiation of any on sl~ ~rks. ¥~..~~ b) ag~eementThe~,~~°wner agreeSfor each~~t° ]ot:t nsert ~~ ~~ ~/~the' fo] ] o~tng. -. ~ c~ ause~, tn/~the~sa]e and purchase~/~ extsttng schools outstde ~he~rea,-- c) The owner agrees to maln~10 to the satisfaction of the To~n untt1 such time as It ts developed. d) Prtor to the develo~ent of Block ~0, the owner shall submit to the Hlnlst~ of the Environment for review and approval a noise study rec~endtng the necessary noise at~nuatfon measures and the o~ner she1] agree to Implement the rec~nded ~asures. ~/~ e) Theto purchase°~ner agrees and salet° Jnsertof S~ockthe~o:f°l~°wlng clause tn the subsequent offers "Purchasers are advlsed that desptte the Inclusion of notse contro~ ~eatures wtthln the development area and wtthln the Individual bu~ld~ng untts, noise levels may conttnue to be of concern, occasionally Interfering wtt~ some activities of the ~e~llng occupants." ~Of) The o~ner ag~es ~: f) to ob~atn a pe~tt fo~ the works described 1t) su~lt Individual ~ot, st~ and gradtng plans ~ the N~t~t t~n T~n~ & Reaton Conservation ~ort~ for Z1. That prior to ftnal approvat, the Co,t, tsstoner of Plannfng for the Region of Durham, shall be advised tn wrtting by: a) Town of Picketing, how Conditions 1,2,3,4,5,6,7,10,11,12,i8 A 20 have. been satJsfJed; b)I~tnfstry of Transpo~atton and C~untcatlons, ho~ Conditions 8 ~ 9 have been satlsfl~; c)Hlntstry of the EnvJron~nt, ho~ CondttJons ~) & 20e) have been satlsfl~; d) ~tropotttan Toronto and Region Conservation Authority, hov Con41tfons ~~ e) ~lnls~r~ of ~a~ura] Resources, h~ Conditions ~5 & 20a) have been satisfied; f) ~urha, 5oard of ~duca~lon, how conditions 2Ob} has been satisfied. NOTES TO DR~T ~PROVAL ~. As ~ner of ~he proposed subdivision, 1~ Is tn ~our ln~e~s~' ~s we]~ as ~our responslbt]l~ ~o satisfy a~l conditions of approvat tn an expedltfous manner. 2. Al; p]ans of subdivision must be reglster~ In the 1and tttles syst~ ~tthtn the Durh~ Region. 3. Hhere agencies requirements are contatn~ tn the subdivision agre~ent a copy of the agreement shall be sent to these agencies tn brder to facilitate their clearance for flnat approval. ~ese agencies are: a) Hr. D. Pirie, Nlnlstry of the Environment, 7 OverSea Btvd., 4th F~oor, Don Hl~]s, Ontarto, ~H ~. b) ~. ~.B. Ear], ~ntstry of Natural Resources, ~0401 Duffertn Street, ~p]e, Ontario, LOJ 1EO, c) Hr. J.E. ~ton, ~rham Board of Education, 555 Rossland Road Hest, Osha~a, Ontario, LIJ 3H3. 4. The I~lnlsCry of Transportation & Communications uses 0.3m reserve to nor, try the pub]lc that access to the Provincial hlghway will not be granted across the reserve. It shou]d be sho~ as a block on the final ~tan. Oe~s In duplicate conveying block Plan ~ to the Queen tn the rtght of the Province of Ontarto as represented by the Htnlster of Transportation and C~ntcatlons' together with :he propos~ final plan.' should be sent -S- Al! extsCtng entrances c~osslng a 0.3 me~re Keserve mus~ be removed et the ovner'$ expense after registration of the plan. SUBJECT PI{OPERTY PA~KW&Y