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HomeMy WebLinkAboutBy-law 2198/86THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.2198/86 Being a By-law to authorize the execution of a subdivision agreement respecting part Lot 18, Concession 8, Picketing (Draft Plan 18T-82032) WHEREAS a proposal to subdivide and register a plan of subdivision of part of Lot 18, Concession 8, Pickerlng 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 satls{actory subdivision agreement with the Corporation of the Town of Picketing; NOW THEREFORE, the Council of the Corporation of the Town of Pickering 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 18, Concession 8, Picketing (Draft Plan 18T-82032). BY-LAW read a first, second and third time and finally passed this 21st day of April, 1986. TOW ;,I OF p £.], :.~.~,~ ,G La".'-:_ THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.2198/86 Being a By-law to authorize the execution of a subdivision agreement respecting part Lot 18, Concession 8, Pickerlng (Draft Plan 18T-82032) WHEREAS a proposal to subdivide and register a plan of subdivision of part of Lot 18, Concession 8, 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 Picketing; NOW THEREFORE, the Council of the Corporation of the Town of Pickering 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 15, Concession 8, Picketing (Draft Plan 18T-82032). BY-LAW read a first, second and third time and finally passed this 21st day of April, 1986. SCHEDULE A TO BY-LAW N0.2198/8~ THIS AGREEMENT made this 21st day of April, 1986. BETWEEN: ALMACK CONSTRUCTION LTD. hereinafter 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 8, in the Town of Pickering in the Regional Municipality of Durham, and to register a plan of subdi- vision of those lands, as shown on a draft plan of subdivision prepared by A.H. Heywood Inc. and designated as Draft Plan Number 18T-82032. 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 (the "Lands") are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of Lots 1 to 19, both inclusive, according to a plan of subdivision registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Plan 40M- PART 2 - GENERAL PROVISIONS 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31st, 1986, the Town may, at its option on one month's notice to the Owner,. declare this Agreement to be null and void. 3. NOTICE Any notice required to be given hereunder may be given by regis%ered 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. 4. INTERPRETATION Whenever in this Agreement the word "Owner" and the pronoun "it" is used, it shah be read and construed as "Owner or Owners" and "his", "her" or "them", respective]y, and the number of the verb agreeing therewith shall be construed accordingly. SCHEDULES Schedules A and B attached hereto shall form part of this Agreement. TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein and be binding upon the Parties hereto, contained shall enure to the benefit of their successors and assigns. 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. - 2 - PART 3 - SERVICES 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 sucl~ other matters as may be provided for herein. 10. CONSULTING ENGINEERS 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 require(] 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 drainage system including catch basin leads to service all the lands in the subdivision and road allowance adjacent to the subdivision and to provide capacity for lands upstream of the 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 subdivi- sion to service the subdivision and the lands outside the subdivision which in the opinion of the Director of Public Works will require its use as a trunk outlet. (~) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the subdivision, the Owner may be required to carry out such works as are necessary to provide an adequate outlet. (4) The Town may connect or system but such connection by the Town. authorize connection into any part of the shall not constitute acceptance of the system (5) No connection under subsection 4 shall be undertaken or authorized prior to preliminary acceptance of the 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 in the subdivision. 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. - 3 - 13. ROADS - PAVED The Owner shall construct the roads shown on the plan of subdivision and the untravelled portion of that part of Old Brock Road adjacent to the plan, according to the Town's specifications for paved roads in effect at the date hereof. The Town's specifications for boulevard grading and sodding shall apply to the existing Town road adjacent to the plan of subdivision (i.e. Old Brock Road). (3) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the subdivision where construction has taken place or that are used by construction traffic entering the subdivision and keep such roads clear of dust, refuse, rubbish or other litter of all types. (4) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the 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. (5) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 14. CURBS & GUTTERS (]) The Owner shall construct curbs and gutters on the roads to be con- structed pursuant to section 13 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 said specifica- tions. 15. SIDEWALKS Prior to the registration of the plan, the Owner shall pay to the Town the sum of $3,035 in lleu of the construction of a sidewalk on Old Brock Road adjacent to Lot 10. 16. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING (1) Underground electric distribution shall be provided for Block 21 and all lots in the subdivision according to the standards and specifications of Picketing tlydro-Electric Commission. (2) Cable television services if available in the community shall be provided for all residential lots in the subdivision according to the standards of Picketing Cable T.V. Limited. - 4 - (3) (4) (5) The Owner shall pay all costs of installation of street lighting, including poles and other necessary appurtenances for the lighting of both streets and Block 21, and for the upgrading of street lighting on Old Brock Road adjacent to the subdivision. 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 Utilities 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 Picketing Hydro-Electric Commission and Picketing Cable T.V. Limited, as the case may be. 17. INSPECTION OF WORK (1) Prior to the registration of the plan, the Owner shall pay to the Town, the sum of $665 as an engineering drawing inspection fee. All works required to be constructed by the Owner, except those re- ferred to in section 16, shall be installed under the observation of In- spectors employed by the Town and the Owner shall pay the costs in- curred therefor within 30 days of invoices being rendered. 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 subdivision and elsewhere. (2) The amount of the Policy shall 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 policy and to supply proof that the premium of the 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 bv 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; - 5- (4) (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 13~3 and 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 re- duction 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 has been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, fa) 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 origina] value where, fi) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (iii) all liens that mav 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, fi) a certificate of final completion has been made by the Owner's consulting engineer; (ii) forty-five days (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 conrt; 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 subjec! 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 fl), the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. -6- 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 subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands in the subdivision to provide for the proper drainage thereof and the drain- age of all adjacent lands which drain through the subdivision. The Grading Control Plan shah be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement and is subject to the approval of the Director of Public Works and the Director of Parks and Recreation. (3) The grading of all lands referred to in subsection (1) shall be carried out by the Owner in accordance with the Grading Control Plan. under the supervision of the Owner's Consulting Engineer. (4) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works 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 necessary to correct such problems. (5) The Owner shall sod the front and side yards and seed the rear yards of each of the residential lots except for paved, planted or treed areas, upon the completion 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 lqorks 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 and his surety in writing of such default or neglect and if such notifica- tion be without effect within 10 clear days 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 work at the cost and expense of the Owner or his surety, or both. (2) In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall 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 20% of the labour and material value, and further, 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, with- out which the Town would not have executed this Agreement. 7 22. DEDICATIONS Z3. The Owner shall dedicate as public highway, upon the registration of the plan of subdivision, the following lands; (a) Livingston Street; (b) Bovingdon Place. 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 of subdivi- sion or within the 30 days immediately following the registration of the plan of subdivision, the following lands; (a) Block 21 (walkway); (b) Blocks 23 and 24 (Livingston Street reserves). (2) Notwithstanding the provisions of subsection (1), 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 The Owner shall arrange at no cost to the Town for conveying 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. (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. STREET NAMING The Owner shall name the north-south street "Livingston Street" east-west street "Bovingdon Place", on the plan to be registered. and the 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 of existing services, to loin into the same, including adjustment of grades where necessary, in a good and workmanlike manner. 8 (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, other than in the actual construction of the roads in the subdivisions, 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 (f) 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. Relocation of Services (ii) 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. 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, under this Agreement to the date hereof. (h) Temporary Signs (i) to perform any work required to be done specifications of the Town in effect at the 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. 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 works required herebv, to supply the Town with the original drawings of the works, with amendments, if any, noted thereon. - 9- (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 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 works required hereby by the Town, to supply a statement by an Ontario Land Surveyor that, after the com- pletion of the works, he has found all standard iron bars as shown on the registered plan, and survey monuments at ail block corners, the ends of all curves, other than corner roundings, and ali points of change in direction of streets on the registered plan. PART 4 - CONSTRUCTION & OCCUPANCY OF BUILDING CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) 27. No building permit shall be issued for any building or part of a building in the subdivision until storm sewer, sanitary sewage disposal and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (z) 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: ii) Storm sewer, sanitary sewage disposal 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 asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing mai~- rained 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 road and extended to an existing maintained public road. (4) Should any building or part thereof in the 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. (5) The Owner shall maintain vehicular access to ail occupied buildings in the subdivision until the road is formally assumed by the Town. - 10 - 2g. TIME LIMIT FOR CONSTRUCTION (1) The Owner shall construct or cause to be constructed, in the subdivision after the date hereof, 19 housing units, ali of which shall be completed within four years of the date of registration of the plan. (~) In the event that more or less than 19 housing units are to be construct- ed in the subdivision, an amendment to this Agreement shall be required. 29. DESIGN PLANNING (1) (a) (b) (2) (a) The Owner shall, prior to the issuance o{ any building permit for the construction of any residential unit in the subdivision, submit to the Town's Director of Planning, for approval, a report outlin- ing 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) (ii) (iii) (iv) (v) (vi) (vii) house massing; streetscape; 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 in the subdi- vision, 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, (ii) (iii) (iv) (v) (vi) to provide the following information: the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; the location of landscaping features, including trees to be preserved; streetscape for front and rear elevation at a scale accept- able to the Director; streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information required. - 11 - 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 be erected hereafter in the subdivision, each payment to be made before the building permit for the unit is is- sued. 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 30 months from the date of registration of the plan. (5) A letter from the Town Clerk 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 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 $33,250 as security for: (a) the payments referred to in section 30 hereof; and (b) the payment of liquidated damages referred to in subsection 27(4) hereof. 32. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands in the plan of subdivision, as required by law from time to time. (b) Local Improvements Prior to the release of the plan for registration, ing 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 Titles Office. - 12 - (e) Lien or Other Claims Upon applying for final acceptance of the works required hereby, 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 works 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 (D 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 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 (1) The security required to be deposited with the Town pursuant to the provisions of section 32 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. (2) 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. PART 6 - PARKS & TREES 35. PROVISION OF PARKLAND The Owner shall convey Block 20 to the Town, free and clear of all encum- brances and at no cost to the Town, upon the registration of the plan of subdi- vision or within 30 days immediately following the registration, in full satisfac- tion of the Owner's obligation to provide parkland. 36. DRAINAGE ONTO OPEN SPACE/PARKLAND (1) The Owner shall ensure that the lands within the subdivision do not drain surface run-off water onto Town owned parkland, open space or walkways. (z) Where this is not possible, the Owner shall install ~ithin the parkland, open space or walkways, as the case may be, at a distance no greater than six (0) metres from the property line, suitable swales and catch basins to adequately manage in the opinion of the Director of Parks and Recreation, all surface run-off water, draining onto the parkland, open space or walkways from the lands within the plan of subdivision. - 13 - 37. FENCING (1) The Owner shall erect, prior to the occupancy of any dwelling on any of the residential lots, (a) a permanent fence of 9 gauge, galvanized steel link fencing, having 0.05 metre mesh, 1.8 metres high along those boundaries of Block 20 adjacent to Lots 11, 12 and 13, and along the north and south boundaries of Block 21; and a hedge of white cedar bushes at least 1.5 metres hlgh planted a maximum of 30 centimetres apart, along the westerly boundary of Block 22 from its northerly end to a point 36.00 metres south of the south-east corner of Lot 4. (2) The fencing required to be constructed pursuant to subsection (1)(a) 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 thereto. (3) The Owner shall further erect, at the time the fencing referred to in subsection (1) is erected, vehicle barriers on Block 21, to be constructed in accordance with the Town's specifications therefor and to the satisfac- tion of the Director of Public Works. 38. LANDSCAPE PLANNING (1) The Owner shall, prior to the issuance of building permits for any of the units to be erected in the subdivision, submit a detailed landscaping plan for all of the lots in the subdivision to the Town for approval. 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. 39. TREE PLANTING (1) The Owner shall plant on road allowances in the subdivision, 19 trees of a size and type acceptable to the Town. 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 no more than 6 months after final grading is done in the specified area. (4) If the density is too great to enable 19 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. 40. TREE PRESERVATION The Owner shall retain, at its own expense, a qualified expert to prepare a detailed Tree Preservation Program indicating which existing trees in the subdivision 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. - 14- (3) In determining whether or not to approve the Program, the Director shall be governed by the Town Tree Preservation Guidelines in effect at the date hereof. 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 subdivision, 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 rep]ace that tree with a tree o~ 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, 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 1 of Schedule A of this Agreement. IN WITNESS ?/HEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED ALMACK CONSTRUCTION LTD. THE CORPORATION OF THE TOWN OF PIGKERING 3ohn E. Anderson, Mayor Bruce Taylor, Clerk - 15- SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & 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. SPECIAL REPORTS The Owner shall develop the lands in the subdivision, undertaking and guaran- teeing any work necessary, in accordance with the following reports: (a) Site-servicing Study dated January, 1984 prepared by Geo- Environ Limited; (b) Groundwater and Subsurface Investigation Study dated Septem- ber, 1983 prepared by Dominion Soil Investigation Inc. subject to amendment or revision by the Director of Public Works. A-1 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 of the other provisions of this Agreement. METROPOLITAN TORONTO & REGION CONSERVATION AUTitORITY ("M.T.R.C.A.") The Owner shall carry out, or cause to be carried out, to the satisfaction of M,T.R.C.A., the recommendations referred to in the report required by Condi- tion 9 of the draft approval of this plan dated December 2, 1985, by the Commissioner of Planning of the Regional Municipality of Durham. MINISTRY OF THE ENVIRONMENT (~M.O.E.~' The Owner shall implement the noise control measures as recommended in the acoustic report as required in Condition 11 of the draft approval of this plan dated December 2, 1985, by the Commissioner of Planning of the Regional Municipality of Durham. TRANS CANADA PIPELINE (1) The Owner shall not construct any building or carry out excavations within 10 metres from the pipeline easement. The Owner shall obtain approval of the National Energy Board pursuant to section 77 of the National Energy Board Act prior to installation of services and road (sic) either above or below ground. (3) The Owner shall obtain the written approval from Trans Canada Pipeline prior to grading of the pipeline right-of-way, the usage of heavy machinery on the right-of-way and shall give the Pipeline officials 48 hours notice prior to all construction activities. (4) The Owner shall not place fill on the pipeline right-of way. (5) The Owner shall make his contractors aware of the foregoing pipeline safety precautions. TRANSPORT GANADA (1) The Owner shall insert the following clause in the sale and purchase agreement for each lot: "Due to the proximity to a future airport aircraft noise may interfere with some activities of the dwelling occupants.' DURHAM HEALTH SERVICES DEPARTMENT The Owner shall obtain approval from the Durham Health Services with respect to installation of sub-surface sewage disposal system well for each lot. Department and drilled B-1 March 25, 1986 MALONE GIVEN PARSONS 255 Yorkland Boulevard, Suite 200 Willowdale, Ontario, Canada M2J 1S3 Telephone (416) 499-2929 80023 Mr. T. Sheffield Town solicitor Town of Pickering 1710 Kingston Road Pickering, Ontario LlV 1C7 Dear Mayor and Members of Council: subdivision Agreement Almack Construction Ltd. Hamlet of Claremont Re: -R ECEIV ED- SOtlCl'fOR We represent Almack Construction Ltd. on the captioned matter and have over the past several months been discussing with Town staff certain requirements within the document that we maintain are unnecessary to the orderly development of the subject lands. Our review of the subdivision agreement has concluded that the document is modelled from subdivision agreements in the south urban area of Pickering and that since the Almack plan in the first Claremont there exists a need to establish policy for "minor infilling and minor expansion" of the hamlets within the Town. Accordingly, we respectfully request Council to consider the following points and to modify the agreement appropriately: 1. External Road Upgrading The current subdivision agreement requires the reconstruction of that portion of Livingston Street north of the property limit to Wellington Street and the reconstruction of Old Brock Road adjacent to the subject lands. Our porposal has been to construct the new portion of Livingston street within the plan to the exact same standard as the external portion. This has been proposed to maintain the continuance of the rural character of the road within the Hamlet and we maintain it is a reasonable and appropriate standard to put forth. Reconstruction of the external portion of Livingston Street is also a major economic impediment to the subject development in recognition that the road will service only 9 new lots. As Council is aware there have been some seven new severances on the westerly side of Livingston and it is our understanding that no similar road reconstruction requirement was requested. %~e, therefore, maintain that reconstruction of Livingston external to the plan is unnecessary to the orderly development of Claremont and an unfair requirement for the Almack lands. Partners Howard M Molone, P Eng. M C.) P, Donald F. Given, Mc ~ P. L. Lee Parsons,P Eng MC* P [~ichard W. Harrison. M C I P Mr. T. Sheffield Page 2 March 25, 1986 We have similar concerns with the reconstruction of Old Brock Road especially considering it was recently reconstructed. We have no difficulty in the necessary intersection improvements of Bovinsdon Place and the Old Brock Road but can see no justification for upgrading an already upgraded road and we request this requirement to be deleted. Sidewalks We have concerns about the installation of sidewalks in Claremont. The Hamlet plan requires that minor infilling be in character with existing development. Since there are no sidewalks on the local streets of Claremont, we feel the installation of some on Livingston and Bovingdon will be an anomoly. Neither the Hamlet Plan nor the Picketing District Plan specify warrants for sidewalks but it has been our experience that sidewalks are not warranted on the subdivision streets as proposed which are short cul-de-sacs servin0 a maximum of' 9 units. We equally have difficulty with the provision for a sidewalk on the western flankaoe of Lot 10 on the Old Brock Road since the specific area will require substantial regrading to eliminate the existing ditch. It is also our understanding that a sidewalk has been provided for the western side of Old Brock Road and do not believe sidewalks on both sides are warranted. We respectfully request that all references to the provisions of sidewalks be deleted from the agreement. Fencing The subdivision agreement currently requires fencinq of the park and walkway blocks for a total of some 850 feet. While we fully recognize the need for fencing of park blocks, we request that Council consider allocating the park portion of levies for severances and the cash-in-lieu payments for other existing and future subdivisions within the Hamlet to pay for this fence. We make this request with the knowledge that this park is and will be the only public park in Claremont and on the fact that the Almack property will be the only one to dedicate lands. This dedication of land by Almack rather than cash-in-lieu is a result of geographical location and we suggest that the additional requirement of fencing is somewhat of an unfair proposition. In recognition that the park dedication has the effect of two less lots within the plan and that fencing respects a Mayor and Members of Council Page 3 March 25, 1985 substantial cost we request that the fencing provision be deleted from the subdivision agreement and be paid for the levies already paid or to be paid to the Town. All other aspects of the subdivision agreement are satisfactory. These represent all of our concerns and look explaining our position to Council. Yours ve r37-7 t r u~, / Richard W. Harrison, M.C.I.P. forward to further RWH/mlm xc: Mr. C. Almack