HomeMy WebLinkAboutBy-law 2197/86THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.2197 /86
Being a By-]aw to authorize the execution of a
subdivision agreement respecting part Lot 53,
Range 3, B.F.C., Pickering (Dr aft Plan
18T-82038)
WHEREAS a proposal to subdivide and register a plan of subdivision of part of Lot
33, Range 3, B.F.C., Picketing has been approved by the Council of the Corporation
of the Town of Picketing and the Regional Municipality of Durham, subject to several
conditions, one of which requires the entering into of a satisfactory subdivision
agreement with the Corporation of the Town of Pickerlng;
NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a subdivision agreement,
in the form attached hereto as Schedule A respecting part Lot 33, Range 3,
B.F.C., Pickering (Draft Plan 18T-82038).
BY-LAW read a first, second and third time and finally passed this 21st day of April,
1986.
TOWN OF
P i r'.'. i'.', E :': i ,"4 G
LE,"; :.L DZP~,
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.2197 f86
Being a By-law to authorize the execution of a
subdivision agreement respecting part Lot 33,
Range 3, B.F.G., Pickering (Draft Plan
18T-82038)
WHEREAS a proposal to subdivide and register a plan of subdivision of part of Lot
33, Range 3, B.F.C., Picketing has been approved by the Council of the Corporation
of the Town of Pickering and the Regional Municipality of Durham, subjecl to several
conditions, one of which requires the entering into of a satisfactory subdivision
agreement with the Corporation of the Town of Pickering;
NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a subdivision agreement,
in the form attached hereto as Schedule A respecting part Lot 33, Range 3,
B.F.C., Picketing (Draft Plan 18T-82038).
BY-LAW read a first, second and third time and finally passed this 21st day of April,
1986.
/ Br~uce Taylor, Cle?~
TC',','FI OF
?i' L<
;,:' ..... :3
Lr-.:'.. '. L [:~T.
SCHEDULE A TO BY-LAW NO. 2197/86
THIS AGREEMENT made this day of
, 1986.
BETWEEN:
KENNETH ARNOLD WILSON
RUSSELL GEORGE WILSON
A. MaclNNIS CONSTRUCTION CO. LIMITED
and
EDWARD R. MaclNNIS CONSTRUCTION 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,
- and -
NATIONAL BANK OF CANADA
hereinafter called the "Encumbrancer"
OF THE THIRD PART.
WHEREAS, the Owner proposes to subdivide part of Lot 33, Range 3, Broken Front
Concession, in the Town of Pickering in the Regional Municipality of Durham, and
with the consent of the Encumbrancer, to register a plan of subdivision of those
lands, as shown on a draft plan of subdivision prepared by R.V. Anderson Associ-
ates, and designated as Draft Plan Number 18T-82038; and
WHEREAS, the Encumbrancer has certain rights or interests in the nature of
encumbrances relating to the lands affected hereby;
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:
PART 1 - PROPERTY DESCRIPTION
1. LAND AFFECTED
The lands affected by this Agreement are:
ALL AND SINGULAR that certain parcel or tract of land and premises situate,
lying and being in the Town of Picketing, in the Regional Municipality of
Durham (formerly in the Township of Pickering in the County of Ontario) and
Province of Ontario and being composed of all of Lots 1 to 47, both inclusive,
and Blocks 48, 49, 50 and 51, Plan 40M-
PART 2 - GENERAL PROVISIONS
2. CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before June 30,
1987, the Town may, at its option on one month's notice to the Owner, declare
this Agreement to be null and void.
NOTICE
Any notice required to be given hereunder may be given by registered mail
addressed to the other Party at its principal place of business and shall be
effective as of the second day immediately following the date of the deposit
thereof in the Post Office.
INTERPRETATION
(1)
Whenever in this Agreement the word "Owner", or "Encumbrancer' and
the pronoun "it" is used, it shall be read and construed as "Owner or
Owners", "Enctlmbrancer or Encumbrancers" and 'his11 , "her" or "them"
respectively, and the number of the verb agreeing therewith shall be
construed accordingly.
(2) Schedules A, B, C, D and E attached hereto shall form part of this
Agreement.
ENCUIqBRANCER
This Agreement shall have priority over and take precedence over all of the
Encumbrancer's rights or interests, 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.
TIME
Time shall be of the essence of this Agreement.
B1NDING PARTIES
This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
8. LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the afore-
said lands, or any part thereof, to enter upon such lands in order to comply
with the provisions of this Agreement.
PART 3 - SERVICES
9. 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 Picketing, and shall complete, perform or make
payment for such other matters as may be provided for herein.
10. 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 subdi-
vision.
(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.
11. STORM SEWERS
(1)
The Owner shall construct a complete storm sewer system including storm
connections to the street line and catch basin leads to service all the
lands in the plan of subdivision and to provide capacity for lands up-
stream 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.
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 aforementioned
lands outside the plan of subdivision, which in the opinion of the Director
of Public Works, will require its use as a trunk outlet.
(3)
Should, in the opinion of the Director of Public Works, an inadequate
stream or structure exist in the outlet system outside the plan of subdivi-
sion, the Owner may be required to carry out such works as are neces-
sary to provide an adequate outlet.
(~)
The Town may connect or authorize connection into any part of the
system but such connection shall not constitute acceptance of the sewer
system by the Town.
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.
12.
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 allowances shown on the plan of subdi-
vision.
(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.
PART 3 - SERVICES (Cont'd)
13.
ROADS - PAVED
(1)
The Owner shall construct the roads shown on the plan of subdivision
according to the Town's specifications for paved roads of the Town in
effect at the date hereof.
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 dust, refuse, rnbbish or other
litter of all types.
(3)
The Owner shall erect and maintain adequate signs to warn all persons
using the roads in the plan of subdivision that the maintenance of them
has not been assumed by the Town from the time that they are 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 Public Works.
14. CURBS & GUTTERS
(1)
The Owner shall construct curbs and gutters on the roads to be con-
structed pursuant to section 13, above, 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.
(2)
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 said specifica-
tions.
15.
SIDEWALKS
The Owner shall construct a sidewalk,
(a)
on each side of that part of Hoover Drive adjacent to Lots 46, 47 and 32
to 42, inclusive,
(b) on the east side of Hoover Drive in Draft Plan lgT-8301Z,
(c) on the north side of ttoover Drive adjacent to Lots 43, 44 and 45,
(d) on each side of Littleford Street east of Hoover Drive,
(e) on the north side of Littleford Street adjacent to Lots 1 to 8, and
(f) on the east side of Rouge Valley Drive,
according to the specifications of the Town in effect at the date hereof
shall maintain them until they are formally accepted by the Town.
and
16.
UNDERGROUND ELECTRIC DISTRIBUTION,
CABLE TELEVISION SERVICE & STREET LIGHTING
(1)
Underground electric distribution shall be .provided for each residential
lot and block and for Blocks 52 and 53 within the plan of subdivision
according to the standards and specifications of Pickering Hydro-Electric
Commission.
5
PART 3 ~ SERVICES (Cont'd)
(3)
(4)
Cable television services shall be provided for each residential lot and
block within the plan of subdivision according to the standards of
Picketing Cable T.V. Limited.
The Owner shall pay all costs of installation of street lighting, including
poles and other necessary appurtenances, for the lighting of each street
and walkway on the plan.
The lighting shall be designed and installed in accordance with standards
established by the Town and in conformity with the Association of Munici-
pal Electrical lJti]ities Guide to Municipal Standard Construction.
The installation of all works provided for in this section shall be con-
structed under the supervision and inspection of Pickering Hydro-Electric
Commission and Picketing Cable T.Vo l,imited, as the case may be.
17. INSPECTIONS
(1)
Prior to the registration of the plan, the Owner shall pay to the Town
the sum of $1,715 as an engineering drawing inspection fee.
All works required to be constructed by the Owner, except those re-
ferred to in section 16, above, 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
necessarily be limited to,
and administration fees.
subsection (2), above, may include, but not
salaries and wages of Inspectors, testing 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
of subdivision and elsewhere,
(2) The amount of the Policy shah be $5,000,000.
(3)
In the event any renewal premium is not paid, the Town, in order to
prevent the lapse of such Liability Insurance Policy, may pay the renewal
premium or premiums and the Owner shall pay the cost of such renewal or
renewals within 30 days of the account therefor being rendered by the
Town.
(4)
It shall be the responsibility of the Owner to notify the Town of the
dates for the renewal of the premium of the said policy and to supply
proof that the premium of the said policy has been paid in order that the
protection provided by the Liability Insurance Policy shall not lapse.
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;
6
PART 3 - SERVICES (Cont'd)
(z)
(3)
(4)
(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.
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.
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 dec]aration 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;
and
(c) seventeen per cent (17%) of the original value where,
(i) a certificate of final completion has been made by the
Owner's Consulting Engineer;
(ii) 45 days following the making of such certificate have
expired; 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;
which seventeen per cent (17%) portion shall secure the guarantee of
works, workmanship and materials, until the obligation to guarantee has
expired, when the balance of the security shall be returned to the Owner
subject to any deductions for rectification of deficiencies.
Upon the approval, if any, of a reduction in the amount of the security
required to be provided in subsection 1, the Town Manager or the Town
Treasurer shall provide to the Owner any necessary assurance to effect
the reduction.
20.
DRAINAGE- SODDII'IG
(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
PART 3 - SERVICES (Cont'd)
(2)
(3)
(4)
(5)
(6)
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 all
adjacent lands which drain through the plan of subdivision.
The Grading Control Plan shall be prepared in accordance with the
Town's Lot Drainage Specifications in effect at the date of this
Agreement, 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 not cost to the
Town, of suitable swales and catch basins to manage adequately, in the
opinion of the Town's Director of Parks and Recreation, that surface
run-off water.
The Grading Control Plan is subject to the approval of the Town's
Directors of Public Works and Parks and Recreation and of the Metro-
politan Toronto and Region Conservation Authority.
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.
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
by 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.
The Owner shall sod the front, side and rear yards of each of the res-
idential lots except for paved, planted or treed areas, upon the com-
pletion of the construction of buildings thereon.
21. INCOMPLETED OR FAULTY WORK
(1)
If, in the opinion of the Director of Public Works, 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 shah 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
and his surety in writing of such default or neglect and if such notifica-
tion be without effect within 10 clear 0ays after such notice, then in that
case, the Director of Public Works shall thereupon have full authority to
purchase such materials, tools and machinery and to employ such workmen
as in his opinion shall be required for the proper completion of the said
work at the cost and expense of the Owner or his surety, or both.
(z)
In cases of emergency, in the opinion of the Director of Public Works,
such work may be done without prior notice but the Owner shah be
forthwith notified.
(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 lo 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
PART 3 - SERVICES (Cont'd)
considerations, without which the Town would not have executed this
Agreement.
22.
DEDICATIONS
The Owner shall dedicate Hoover Drive, LittIeford Street
Drive as public highways upon the registration of the plan.
and Rouge Valley
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 of the final plan, all of,
(a)
(b)
(c)
(d)
(e)
Blocks 57, 60, 61, 62 and 63 (Hoover Drive reserves),
Blocks 56 and 58 (Litt]eford Street reserves),
Block 55 (Littleford Street corner rounding),
Block 59 (Rouge Valley Drive reserve), and
Block 54 (walkway).
(z)
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 shall
deem necessary for the provision of storm sewer services both within the
boundaries of the plan of subdivision and across lands adjacent thereto
but outside its boundaries.
(z)
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), above, 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.
STREET NAMES
The Owner shall name, on the plan,
(a) the street adjacent to Lots 46, 47 and 32 to 45 "Hoover Drive",
(b) the street adjacent to Lots 9, 12, 31, 32 and Block §0 "Littleford
Street", and
(c) the street adjacent to Lots 12 to 20, Block 54 and Lot 21 "Rouge
Valley Drive~.
9
PART 3 - SERVICES (Cont'd)
26,
GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave all driveway approaches between the curb and sidewalk, or,
where no sidewalk is to be provided, between the curb and the lot line.
(b) Continuation of Existing Services
Where the construction of services herein involves a continuation to
existing services, to join into the same, including adjustment of grades
where necessary, in a good and workmanlike manner.
(c) Public Lands - Fill & Debris
(i)
Neither to dump nor to permit to be dumped, any fill or debris
on, nor to remove or permit to be removed, any fill from any
public lands, including Ontario Hydro 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), above.
(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) Oualitative or (~uantitative 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 designs-
ted by the Director of Public Works.
10
PART 3 - SERVICES (Cont'd)
(i)
(j)
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,
Engineering Drawings
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-
sion, with amendments, if any, noted thereon.
(k) Snow Plowing & Sanding of Roads
(1)
(i)
If, in the opinion of the Director of Public Works, the condition
of the road surface is not acceptable for winter control, to snow
plow and sand such roads from such occupied buildings to exist-
ing Town roads or to subdivision roads that receive the Town's
winter control service, including alternate means of access where
available.
(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.
Survey Monuments & Markers
Prior to 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 all 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.
11
PART 4 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
27.
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.
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 operationl
(iii)
An asphalt base has been laid on the road immediately in front of
the buildlng 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 'co an existing maintained
public road.
(4) (a)
Should any building or part thereof in the plan of subdivision be
occupied without the prior issuance of a municipal occupancy
permit, then in that event, the Owner shall pay to the Town the
sum of $1,750 for each building or part thereof so occupied, as
liquidated damages therefor.
(b)
The issuance by the Town of municipal occupancy permits for
each and every building on any lot or block in the plan of subdi-
vision shall be deemed to be a release from the provisions of this
subsection with respect to that lot or block.
(5)
The Owner shall maintain vehicular access to ail occupied buildings in the
plan of subdivision until the roads are formally assumed by the Town.
28. TIME LIMIT FOR CONSTRUCTION
(1)
The Owner shall construct or cause to be constructed, in the plan, 49
housing units, all of which shall be completed within two years of the
date of registration of the plan.
(2)
In the event that more or less than 49 housing units are to be construct-
ed in the plan, an amendment to this Agreement shall be required.
29. DESIGN PLANNING
(1) (a)
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 architectural design objectives for the subdivision,
which approval shall not be unreasonably withheld.
(b)
This report may be required, at the Director's option, to provide
the following information:
(i) house massing;
(ii) streetscape;
12
PART ~ - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
(2)
(a)
(b)
(iii)
(iv)
tv)
(vi)
(vii)
exterior materials and colours;
architectural style;
visual variety;
energy conservation measures; and
any other data or information required.
The Owner shall, prior to the issuance of any building permit for
the construction of a residential unit to be erected on the lands,
submit to the Director, for approval, site plans and architectural
drawings for that unit, which approval shall not be unreasonably
withheld.
These plans and drawings may be required, at the Director's
option, to provide the following information:
(i)
the location of all buildings and structures to be erected
and the location of ali facilities and works associated
therewith;
(ii)
the location of landscaping features, including trees to be
preserved;
(iii)
streetscape for front and rear elevation at a scale accept-
able to the Director;
(iv) streetscape to show all street furniture and vegetation;
(v) the relationship of buildings by blocks; and
(vi) any other data or information required.
13
PART 5 - FINANCIAL MATTERS
30.
FINANCIAL PAYMENTS
(1)
The Owner shall pay to the Town a unit levy in the amount of $1,750 per
unit for each dwelling unit to he erected in the Plan, each payment to be
made when the building permit for the unit is issued.
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)
Payments of such levies shall be made to the Town from time to time as
building permits are required.
(4)
In any event, the Owner shall pay all levies due under the provisions of
this section in full, no later than 18 months from the date of registration
of the plan.
(5)
A letter from the Clerk of the Town advising that the unit levy has been
paid shall he deemed to be a release of this section for the lands referred
to in the said letter.
31. 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 $85.750 as security for:
(a) the payments referred to in section 30 hereof; and
(b)
the payment of liquidated damages referred to in subsection (4) of section
27 hereof.
32. 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 ]aw from time to time.
(b) Local Improvements
Prior to the release of the plan for registration,
lng local improvement charges which are levied
in the plan of subdivision.
to prepay any outstand-
against any of the lands
(c) Interest
To pay interest at the rate of eighteen per cent (18%) per annum to the
Town on all sums of money payable herein which are not paid on the due
dates calculated from such due dates.
(d) Registration Fees
To pay all registration costs incurred by 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 Tit]es Office.
(e) Lien or Other Claims
Upon applying for final acceptance of the subdiwision, 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
14
PART 5 - FINANCIAL MATTERS (Cont'd)
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.
33. 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.
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 any further security.
34. TERMINATION OF LEVY/OCCUPANCY SECURITY
(~>
The security required to be deposited with the Town pursuant to the
provisions of section 31, above, may only be terminated or cancelled by
the Owner after the Municipal Occupancy Permit for the last residential
building or part thereof to be constructed in the plan has been issued by
the Town.
(z)
Notwithstanding the provisions of subsection 1, the Owner may, from time
to time, apply to the Town Treasurer for a reduction in the amount of
the security referred to in subsection 1, as Municipal Occupancy Permits
are issued.
15
PART 6 - PARKS & TREES
35.
PROVISION OF PARKLAND
(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 of the plan, all of
Blocks 52 and 53 in satisfaction of the Owner's obligation to provide
parkland for this plan, including, for greater particularity, Blocks 48
(one dwelling unit) 49 (one dwelling unit) and 50 (ten dwelling units).
(2)
In conveying Blocks 52 and 53 to it, the Owner is providing 0.052
hectares more parkland than the Town requires for this plan, including
Blocks 48, 49 and 50, and therefore has a credit of 0.052 hectares of
parkland (10.4 dwelling units).
(3)
The Owner may utilize that credit to satisfy in whole or in part its or
other's obligations to provide parkland to the Town either in this plan as
a result of more than ten dwelling units being erected on Block 50, or in
other plans for which cash in lieu of such a conveyance would otherwise
be payable.
36. LANDSCAPE PLANNING
(i)
The Owner shall, prior to the issuance of building permits for any of the
units to be erected on the lands, submit a landscaping plan for all of the
lots on the plan to the Town for approval.
(2)
Upon approval by the Town of a landscaping plan, the Owner shall con-
struct, install or plant the landscaping works, as the case may be, in
conformance with the landscaping plan according to the time limits set out
in Schedule A.
37. TREE PLANTING
(1)
The Owner shall plant on road allowances within or adjacent to the plan,
49 trees of a size and type acceptable to the Town.
(2)
A schedule of 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 49 trees to be planted, the Owner
shall pay to the Town $100 for every tree which cannot be planted for
tree planting in a public land area within the community in which the plan
is located.
38. TREE PRESERVATION
(1)
The Owner shall retain, at its own expense, a qualified expert to prepare
a Tree Preservation Program indicating which existing trees shall be
preserved.
(2)
The Program shall be submitted to the Director of Planning for review
and approval, and, once approved, shall be implemented as approved
only.
(3)
In determining whether or not to approve the Program, the Director shall
be governed by the Town Tree Preservation Policy in effect at the date
hereof.
16
PART 6 - PARKS & TREES
(4)
(5)
Until such time as the Program is approved, the Owner shah 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.
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), above, shall continue until,
where the lands upon which the tree is located comprise a res-
identia] building lot, twelve months after the completion of the
sodding on the lot, 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 Town and the Encumbrancer have hereunto affixed their
Corporate Seals attested to by the hands of their authorized officers and the persons
comprising the Owner have hereunto affixed their hands and seals or their
17
Corporate Seals attested to by the hands of their authorized officers, as the case may
be.
SIGNED, SEALED & DELIVERED
In the presence of
KENNETH ARNOLD WILSON
RUSSELL GEORGE WILSON
A. MaclNNIS CONSTRUCTION CO. LIMITED
EDWARD R. MaclNNIS CONSTRUCTION LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
John E. Andersoh, Mayor
Bruce Taylor, Clerk
NATIONAL BANK OF CANADA
18
SCHEDULE A
1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANStlIP k MATERIALS
Save as herein otherwise provided, the Owner shall complete the works required
under this Agreement within two years from the date of the registration of the
plan of subdivision, and shall guarantee the workmanship and materials for a
period of two years from the date that the said works are approved in writing
by the Director of Public Works, the Director of Parks and Recreation, or the
Director of Planning, as the case may be.
TEMPORARY TURNING CIRCLES
(1) Notwithstanding the provisions of sections 12, 13, and 14 of this Agree-
ment, the Owner shall construct, at its sole expense and to the Town's
specifications, a temporary turning circle on,
(b)
(c)
(d)
Hoover Drive, immediately west of Block 63,
Hoover Drive, immediately south of Block 57,
Littleford Street, immediately west of Block 56, and
Littleford Street, immediately east of Block 58.
(2)
Further, 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 shah rep]ace any such circle with permanent services as if the
highway were a road in the plan.
(3)
As any temporary turning circle referred to in subsection (1) will be
required only if the sequence of construction in this plan and adjacent
plans warrants it, the Director of Public Works may waive the
construction of any turning circle, at his sole discretion, if that sequence
does not warrant it.
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.
TIMING OF REGISTRATION OF PLAN
This plan shall not be registered until draft plan 18T-83012 has been
registered.
CONTRIBUTIONS TO COSTS OF DOWNSTREAM SERVICES
(1)
Prior to the registration of the plan, the Owner shall pay to the Town
the sum of $ , being the Owner's share of the costs to the Town of
the acquisition, construction and installation of the Altona Storm Water
Detention Pond, and related services, which serves, in part, the lands in
this plan of subdivision.
(z)
Prior to the registration of the plan, the Owner shall pay to J.F.
Coughlan Construction Co. Limited the sum of $ , being a portion of
the costs to that company of an oversized storm drainage system con-
structed and installed, or to be constructed and installed, in conjunction
with the development of Phase 2 of Draft Plan 18T-82019 (Revised), which
system serves, in part, the lands in this plan of subdivision.
(3)
Prior to the registration of the plan, the Owner shall pay to 557351
Ontario Limited the sum of $ , being a portion of the costs to that
company of an oversized storm drainage system constructed and installed,
or to be constructed and installed, in conjunction with the development of
Draft Plans 18T-85004 and 18T-83012, which system serves, in part, the
lands in this plan of subdivision.
A-1
SCHEDULE A (Cont'd)
FUTURE DEVELOPMENT BLOCKS - BLOCKS 48, 49, 50 and 51
(1)
Blocks 48, 49, 50 and 51 shall be reserved by the Owner for future
residential development in conjunction with the lands abutting them and
shall be maintained to the Town's satisfaction by the Owner until
developed.
(2) Development of Blocks 48, 49 and 51 shall not occur until after an
amendment ~o this Agreement specifically permitting it.
(3)
In view of the provisions of section 35 of this Agreement, no amendment
to this Agreement shall impose an obligation on the Owner to provide
further parkland, unless more than ten dwelling units are to be erected
on Block 50.
CO-ORDINATED DEVELOPMENT - BLOCKS 48, 49 and 51
The Blocks set out in Column I of the following table shall be developed
only in conjunction with the ]ands described in Column II to provide the
number of dwelling units set out in Column III.
Table
Item Column I Column II Column III
1. Block 48 Block , Draft Plan 18T-84005(R) 1
2. Block 49 Block , Draft Plan 18T-84005(R) 1
3. Block 51 Block 9, Draft Plan 18T-83012 1
(2)
(3)
The development of the lands described in Items 1 and 2 of the Table
shall be governed by the provisions of this Agreement.
The development of the lands described in Item
governed by the provisions of the Town's
respecting Draft Plan 18T-83012.
3 of the Table shall be
Subdivision Agreement
TEMPORARY EMERGENCY ACCESS
The Owner shall provide, to the satisfaction of the Director of Public Works, a
temporary emergency access to Littleford's Lane through Lot 41 and Block 50,
and shall maintain it, to the Director's satisfaction, until an alternate access to
the lands in the plan is provided.
PARK
(1)
AND WALKWAY FENCING
The Owner shall erect, prior to the commencement of the development of
the lands in the subdivision, a permanent fence of nine (9) gauge,
galvanized steel link fencing, having 0.05 metre mesh, 1.8 metres high,
(a)
(b)
(c)
(d)
along the northerly boundary of Block 63;
along that part of the westerly boundary of Block 53 not adjacent
to Part 1, Plan 40R-8209;
along the northerly and westerly boundaries of Block 51; and
along the northerly and southerly boundaries of Block 54.
(2)
The fencing required to be constructed pursuant to subsection (1),
above, shall be constructed so as to meet or exceed the requirements for
swimming pool enclosures as set out in Part II of the Town's By-law
425/76, as amended from time to time, or any successor therefo.
A-2
SCHEDULE A (Cont'd)
WALKWAY TREATMENT
The Owner shmlI, mt ½ts expense, construct m concrete w~lkwmy mccording to the
Town's specifications along Block 54 from the sidewalk to be constructed on the
east side of Rouge Valley Drive to the sidewalk to be constructed on the west
side of Hoover Drive, and sha]l install, at the same time, vehicle barriers a!
each end thereof, all of which the Owner shall maintain until formally accepted
by the Town.
A-3
SCHEDULE B
SPECIAL PROVISIONS REQUIRED BY OTHER AGENCIES
The sections set out in this Schedule represent provisions not affecting the
Town but required to be inserted in this Agreement by other agencies; 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.
METROPOLITAN TORONTO & REGION
CONSERVATION AUTHORITY ("M.T.R.C.A.") and
MINISTRY OF NATURAL RESOURCES ("M.N.R.")
The Owner shall carry out, or cause to be carried out, to the satisfaction of
M.N.R. and M.T.R.C.A., the recommendations referred to in the report
required in Condition 9 of the approval of this plan dated February 27, ]984
by the Commissioner of Planning of The Regional Municipality of Durham.
B-1
SCHEDULE C
FUTURE CONTRIBUTIONS TO SHARED SERVICE COSTS
(1)
Within 60 days of the acknowledgement, by the Town's Director of Public
Works, of the completion of,
(a)
the storm sewer on Hoover Drive adjacent to Lots 43, 44 and 45,
as provided for in section 11 of this Agreement;
(b) the road on Hoover Drive adjacent to Lots 43, 44 and 45, as
provided for in sections 12 and 13 of this Agreement;
(c) the curbs and gutters on Hoover Drive adjacent to Lots 43, 44
and 45, as provided for in section 14 of this Agreement: and
(d) the street lighting on Hoover Drive adjacent to Lots 43, 44 and
45, as provided for in section 16 of this Agreement,
the Owner's Consulting Engineer shall provide to the Town, in a form
satisfactory to the Town, a detailed summary of the actual cost, to the
Owner, of the storm sewer, road, curbs and gutters and street lighting
on Hoover Drive adjacent to Lots 43, 44 and 45.
Within 30 days of the receipt by the Town of the summary referred to in
subsection (1), 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, if any, outside the plan of subdivision that
the said works shall be deemed to benefit (the "benefitting
lands") for the purposes of this section and the conditions, if
any, under which such lands shall continue to be benefitting
lands;
(b)
the portion of the Owner's actual cost, referred to in subsection
(1), that the Town shall deem to be applicable to the benefitting
lands (the "shared cost") for the purposes of this section; and
(c)
the method or methods that shall be employed to pro-rate the
shared cost to the benefitting lands,
and that determination shall be final.
(3)
In the event that the benefitting 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 endea-
your 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
shared cost,
(a) calculated according to the method or methods referred to in
subsection (2), and
(b)
adjusted annually, for a maximum of five years from the date of
notification referred to in subsection (2), according to the
Sou:ham Construction Cost Index for Ontario, composite portion.
(4)
In consideration of the Town approving the plan of subdivision and
entering into this Agreement with this section included, the Owner here-
by,
(a) remises, releases and forever discharges, and
(b) agrees to indemnify and save harmless,
C-1
SCHEDULE C (Cont'd)
the Town, its officers and employees and their respective heirs, execu-
tors, administrators, successors and assigns, of and from all 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 hehalf 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.
2. PRELIMINARY ESTIMATES
Notwithstanding the provisions of subsection 1(2) of this Schedule, the
summary referred to therein may be provided to the Town in the form of
preliminary estimates prior to the completion of the works in question,
but, if such preliminary estimates are provided, a detailed summary of
actual cost must be provided in accordance with subsection 1(2) or the
Town's obligations under this Schedule shall cease.
The provisions of subsections 1(3), 1(4) and 1(5) shall apply to all
preliminary estimates provided, mutatis mutandis, but all determinations
resulting therefrom shall be subject to confirmation or adjustment, at the
Town Manager's sole discretion, upon the Owner's Gonsulting Engineer
providing to the Town the detailed summary of actual cost in accordance
with section
C-Z
SCHEDULE D
1. FUTURE CONTRIBUTIONS TO OVERSIZING COSTS
(i)
In the event that the storm drainage system required by the Town to be
constructed by the Owner pursuant to the provisions of section 12 of this
Agreement is to be of a larger capacity, in whole or in part, than neces-
sary to service all the lands in the plan of subdivision, then the pro-
visions of this section shall apply.
(2)
Within 60 days of the acknowledgement, by the Town's Director Of Public
Works, of the completion of the storm drainage system, or any part
thereof, as the case may be, as provided for in section 20 of this Agree-
ment, 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 drainage system, excluding
lateral connections; and
a detailed estimate of the Owner's probable cost of the design and
construction of the said system, excluding lateral connections,
had the system been required by the Town to service the lands
in the subdivision only.
(3)
Within 30 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:
the area of the lands outside the plan of subdivision, if any, that
the storm drainage system shall be deemed to service for the pur-
poses 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
overeizing 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 endear-
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.
(5)
In consideration of the Town approving the plan of subdivision and
entering into this Agreement with this section included, the Owner here-
by,
(a) remises, releases and forever discharges, and
(b) agrees to indemnify and save harmless,
D-1
SCHEDULE D (Cont'd)
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 provis]ons of this section or any error,
omission, failure or negligence in the application thereof.
2. PRELIMINARY ESTIMATES
(1)
Notwithstanding the provisions of subsection 1(2) of this Schedule, the
summary referred to therein may be provided to the Town in the form of
preliminary estimates prior to the completion of the works in question,
but, if such preliminary estimates are provided, a detailed summary of
actual cost must be provided in accordance with subsection 1(2) or the
Town's obligations under this Schedule shall cease.
(2)
The provisions of subsections 1(3), 1(4) and 1(5) shall apply to all
preliminary estimates provided, mutatis mutandis, but all determinations
resulting therefrom shall be subject to confirmation or adjustment, at the
Town Manager's sole discretion, upon the Owner's Consulting Engineer
providing to the Town the detailed summary of actual cost in accordance
with section 1(2).
D-2
SCHEDULE E
PLAN OF SUBDIVISION OF
PART OF LOT 33- RANGE 3
BROKEN FRONT CONCESSION
TOWN OF PICKERING
REGIONAL MUNICIPALITY OF DURHAM
.,.~.?:r
' lJ.I
n~
W
>
0
3OO
~!l"';,':o°' !o
0
0
T
114 II
STREET
I [.LOC. ,o
HOOVER DRIVE
BCOCK ~ [