HomeMy WebLinkAboutBy-law 2373/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.2573 /87
Being a by-law to authorize the execution of
two Subdivision Agreements respecting the devel-
opment of Lots 29 and 30, Concession 1, Picker-
ing (Draft Plan 18T-SS02Z(R)); Bramalea Limited.
WHEREAS the proposal to subdivide and register a Plan of Subdivision of Part of Lots
29 and 30, Concession 1, Picketing, has been approved by the Council of the Corpo-
ration of the Town of Picketing and the Regional Municipality of Durham, subject to
several conditions, one of which requires the entering into of satisfactory Subdivision
Agreements with The Corporation of the Town of Picketing;
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 two Subdivision Agree-
ments, one in the form attached hereto as Schedule A, and the other in the
form attached hereto as Schedule B, respecting the development of that part of
Lots 29 and 30, Concession 1, Picketing, included in Draft Plan 18T-85022 as
revised (Bramalea Limited).
BY-LAW read a first, second and third time and finally passed this 2nd day of Feb-
ruary, 1987.
Y~ E. An~eF~'ofi, Mayor
C
rflce aylor, l~rk'
TOWN OF
PICKER!NG
APPROVEg
As TO FORM
LEGAL DEPT.
SCHEDULE B
THIS AGREEMENT made this
day of , 19B7.
BETWEEN:
BRAMAI,EA LIMITED
hereinafter called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF TIlE TOWN OF PICKERING
hereinafter called the "Town"
OF TltE SECOND PART.
WHEREAS the Owner proposes to subdivide part of Lots 29 and 30, Concession 1, in
the Town of Picketing in the Regional Municipality of Durham and to register a plan
of subdivision of those lands, as shown on a draft plan of subdivision designated as
Draft Plan Number 18T-83022, as revised (west portion);
NOW TItEREFORE, Tills AGREEMENT WlTNESSETII, 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
LAND AFFECTED
The lands affected by this Agreement (the "Lands") are Lots 1
inclusive, and Blocks 107 to 113, both inclusive, P]an 40M-
to ]06, both
PAP. T 2 - GENERAl, PP, OV1SIONS
2. CANCEI,I,ATION OF AGREEMENT
In lhe event lhe plan of subdivisi(m is not rcfiislered on oc be[ore December
31, 1987, thc Town may, at its opii,m on one month's notice t~ lhe Owner,
declare lids Agreement to he null and void and nf tm furlhev effect, and lhe
Town shall not be liable for any exlmuses, costs or damages suffered by the
Owner as a result thereof.
3. NOT1CI?~
Any notice required to be given ])ercunder may be giveo hy regintered mail
addressed to the other Party at il~¢ principal place of business and shall be
effective as of the second clay imme(liMely following the dale of tile deposit
thereof in the Post Office.
4. INTEP, PRETATION
Whenever in this Agreement lite word "Owner", and tile pronoun *'ii" is
tlsed, it shall be read and conslrtled as "Owner or Owners",
and "his", "her" or "them", veslmctively, and the number of tile verb
agreeiog therewith shall be consll'ued accordingly.
Schedules A and P, attached bm'tqm, shall form part of this Agreement.
TIME
Time shall I)e of the essence of this Agreement.
BINDING PARTIES
This Agreemeot and everything herein cm~tained shall enure to the heneflt
and De binding upon the Parties hereto. Iheir successors and assigns.
of
I,]CENCE Ti) ENTER
The Owoer shall retain a licence from any subsequent purchaser of lhe l.ands,
or any part thereof, to enter upm~ the l.ands in order to comply wilh the
provisions of this Agreement.
PART 3 - gEl<VICES
fl. OWNICR'$ GF, NICII. AL UNI)ERTAKING
The Owner shall complete at its own ,,xpense and in a good workmanlilce man-
her. for [he Town, all the municipal !mt'vices as hereinafter set forlh to the
satisfaction of the Town of PickerhB,,, and shall complete, perform or make
payment for such other matters as may Im provided for herein.
CONSUl,TING ENGINEERS
The Owuer shall retain a Profcssi~mal Engineer as the Consnlting Engineer
of the Owner to carry out till Iho necessary engineering and Io supervise
generally the work required to hc done fnr the development of the plan of
subdivision,
Snch Consulting Engineer, or any soccessor thereto, shall continue to be
retained until tim work provided for in this Agreement is completed and
formally accepted by the Town.
10.
STORM I)RAINAGE
(l)
The Owne, r shall construct a complete storm drainage system, including
storm water management fac!IH!cs ~;torm connections ~o the stree! line and
catch basin leads to service all ibc lands in the plan of subdivision and
to provide capacity for lands upstream of the plan of subdivision,
according to designs approved by lhe Director of Public '~qerks and ac-
cording to the specifications of Ibc Town iii effect a! the date hereof and
shall maintain it, including ch,ar!ny any blockages or debris from what-
ever cause, until it is formally accepted by the Town.
Such system shall be constru(qcd to an outlet nr oo!lels according to
designs apl)roved by the 1)ireclm' of Public Works and shall Im nf snffi~
cient size and del)Ih and al local!OhS either within or ot~tsi(le Ihe lands
affected hereby to service the i)l;m of subdivision and thc aforemeotioned
laods oulside the plan of su~)divi~;ion, which in the opinion of the Director
of Pnblic Works, will require ils use as a trunk outlet.
Should, in the opinion of thc I~irector of Public ~,qork:;, an inadequate
slream, structure or facility exis! in the outle! system m~tsi(le the plan of
subdivision, the Owner may Iw required to carry out such works as are
necessary to provide an adequate mt!let.
(4)
The Towo may connect or atHhorize connection into any par! of the
system but such connection shall nnt constilnte acceptance of !he sewer
system I)y the Town.
(~)
No coonection under subsection ,I, above, shall be nndertaken or au-
thor!zed prior to preliminary a{ccptance of the sewer system by the
Town, except in all emergency.
11. P, OAI)S - ROUGII GRADI£
Prior to !he installation or consfruction of the municipal services i)rovided
for herein, the Owner shall rough grade to the TowrPs specifications to
lhe full width, the proposed r.ad allowances shown on !he plan of sobdi-
vision.
The Owner shall keep all boelcvat-ds clear and free of materials arid
obstructions which might interfere with the installation of electric, tele~
phone, gas or other utilities.
4
PART 3 - SERVICES (Cont'd)
12.
ROADS - PAVED
(i)
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 plao of subdivision where construction has
taken place or that are used by construction traffic entering the plan of
subdivision and keep such roads clear of mud, dust, refuse, rubbish or
other litter of all types.
(3)
The Owner shall erect and maiotain adequate signs to warn all persons
using the roads in the plan 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.
13.
CURBS & GUTTERS
(~)
The Owner shall construct curbs and gutters on the roads to be con-
structcd pursuant to section 12, according to the specifications of the
Town in effect at the date hereof and shall maintain them until they are
formally accepted by the Town.
(z)
If any curb depressions are not located correctly with respect to a drive-
way, the Owner shall construct a curb depression in the correct location
and fill in the original curb depression according to the specifications.
14.
SIDEWALKS AND BICYCLE PATHS
(D
(2)
The Owner shall construct the following segments of sidewalk, in each
case prior to the occupancy of any dwelling unit on any lot adjacent to
that segment, despite the provisions of section 1 of Schedule A:
(a) on the east side of Napanee Road and on the north side of
Amberlea Road adjacent to Lots 16 to 24~
(b) on the east side of Otonabee Drive and on the north side of
Amberlea Road adjacent to Lots 2 to 15;
(c) on the north side of ^mberlea Road adiacent to Lot 1;
(d) on the south side of Amherlea Road adiacent to Lots 25 to 39;
(e) on the south side of Amberlea Road adjacent to Lots 40 to 53;
(f) on the north and easf sides of Sturgeon Court and on the north
side of Saugeen Drive adjacent to Lots 78 to 9]~
(g) on the north side of Saugeen Drive adjacent to Lot 63~
(h) on the north and east sides of Saugeen Drive adjacent to Lots 54
to 62;
(i) on the east side of Montclair Lane adjacent to Lot 98.
The Owner shall maintain each sidewalk segment until it is formally
cepted by the Town.
PART 3 - SERVICES (Cont'd)
15.
ELECTRICAl. SERVICES
Where electricity, cable television service or telephone service is to be provided
to any lot or block in the plan, it shall he provided underground and in accor-
dance with the standards and specifications of Picketing llydro-Electric Commis-
sion, Picketing Cable T.V. Limited or Bell Canada, as the case may be.
16.
STREET L1GIITING
(1)
The Owner shall install street lights, including poles and other necessary
appurtenances, on each proposed street in the plan.
I£1ectrical service for street lighting shall be provided underground and
not aboveground.
(3)
Street lighting and its related electrical service shall be designed and
installed in accordance with standards established by the Town and in
conformity with the Association of Municipal Electrical Utilities Guide to
Municipal Standard Construction.
(4)
The installation of street lighting and its related services shall be under
the supervision and inspection of Picketing Hydro-Electric Commission.
17,
INSPI';CTIONS
Prior to the registration of the plan, the Owner shall pay to the Town
the sun', of $3,710 as an engineering drawing inspection fee.
(z)
All works required to be constructed by the Owner, except those
ferred to in sections 15 and 16 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 reudered.
(3)
The costs referred to in subsection (2) may include, but not necessarily
be limited to, salaries and wages of Inspectors, testing fees and adminis-
tration fees.
18.
LIABILITY INSURANCE
(D
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 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 said policy and to supply
proof that the premium of the said po]icy has been paid in order that the
protection provided by the Liability Insurance Policy shall not lapse.
PART 3 - SERVICES (Cont'd)
19.
PEI/FORMAN(;E & MAINTENANCE GUARANTEE
(l)
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 secority in a form satisfactory to the
Town and in an amount established by the Director of Public Works (the
"original value") for the purpose of,
(a)
guaranteeing the satisfactory construction, installation or perfor-
mance of the works;
(b) guaranteeing the payment of any amounts payable to the Town
under section 17 of this Agreement;
(c) guaranteeing the payment of any amount that the Town may be
required to pay under the provisions of the Construction Lien
Act, 1983, and
(d)
guaranteeing all works, workmanship and materials for a period of
2 years from the date that the works are completed and such
completion acknowledged, in writing, by the Director of Public
Works.
(2)
Thc Owner may, at any time after the first 50%, in value, of works have
been constructed, installed or performed, and paid for, apply for a
reduction in the security and such application shall be made to the Town
Treasurer.
(3)
Upon written verification from the Director of Public Works that the
construction, installation or performance of the works for which reduction
is being sought have been satisfactorily completed and paid for, the Town
Manager may reduce the amount of the security to an amount not less
than,
(a)
sixty per cent (60%) of the original value where no certificate or
declaration of substantial performance has been made;
(b) thirty-five per cent (35%) of the original value where,
(i)
a certificate or declaration of substantial performance has
been publisbed;
(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.
7
PART 3 - SERVICES (Cont'd)
(4)
Upon the approval, if any, of a reduction in the amount of the security
required to be provided in subsection l, the Town Manager or the Town
Treasurer shall provide to the Owner any necessary assurance to effect
the reduction.
20.
DRA1NAGE - SODDING
(1)
Tile Owner shall provide the Town, before commencing any of the work
provi(h~d for herein and prior to the commencement of the development of
the plan of subdivision, with a Grading Control Plan prepared by the
Owner's Consulting Engineer, establishing the proposed grading of the
lands to provide for the proper drainage thereof and the drainage of all
adjace.t lands which drain through the plan of subdivision.
(2)
The Grading Control Plan shall be prepared in accordance with the
Town*s Lot Drainage and Storm Water Management Specifications in effect
at the date of this Agreement, and shall not provide for the drainage of
surface run-off water onto Town-owned park]and, open space or walkways
unless provision is made for the installation by tim Owner, at no cost to
the Town, of suitable swales and catch basins to manage adequately, in
the opinion of the Town's Director of Parks and Recreation, that surface
run-off water.
(3)
The Grading Control Plan is subject to the approval of the Town's Direc-
tors of Public Works and Parks and Recreation and the Metropolitan
Toronto and Region Conservation Authority.
(4)
The grading of all lands shall be carried out by the Owner in accordance
with the approved Grading Control Plan, tinder the supervision of the
Owner's Consulting Engineer.
(s)
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,
(6)
The Owner shall sod the front, side and rear yards of each of the res-
idential lots and blocks except for paved, planted or treed areas, upon
the completion of the construction of buildings tbereon.
21. INGOMPLETED OR FAUI.TY 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 i~nproperly performing the work, or shall
the Owner neglect or abandon it before the completion, or unreasonably
delay the same so that the conditions of this Agreement are being violated
or carelessly executed, or in bad faith, or shall the Owner neglect or
refuse to renew or again perform such work as may be rejected by the
Director of Public Works as defective or unsuitable, or shall the Owner in
any other manner, in the opinion of the Director of Public Works, make
default in performance of the terms of this Agreement, then in any such
case, the said Director of Public Works shall promptly notify the Owner
and his surety in writing of such defanlt 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 materlals, 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.
(2)
In cases of emergency, in the opinion of the Director of Public ~/orks,
such work may be done without prior notice but the Owner shall be
forthwith notified.
8
PART 3 - SERVICES (Cont'd)
(3)
(~)
The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
It is understood and agreed that such costs shall include a management
fee of twenty per cent (20%) of the labour and material value, and fur-
ther, a fee of thirty per cent (30%) of the value for the dislocation and
inconvenience caused to the Town as a result of such default on the part
of the Owner, it being hereby declared and agreed that the assuming by
the Owner of the obligations imposed by this paragraph is one of the
considerations, without which the Town would not have executed this
Agreement.
DEDICATION S
The Owner shall dedicate Amberlea Road,
Otonabee Drive, Saugeen Drive and Sturgeon
the registration of the plan.
Montclair Lane, Napanee Road,
Court as public highways upon
23. TRANSFERS - CONVEYANCES
(1)
The Owner shall convey to the Town, free and clear of all encumbrances
and at no cost to the Town, upon the registration of the plan or within
the 30 days immediately following the registration thereof, all of,
(a)
(b)
(c)
(d)
Block 114 (Rosebank Road widening);
Blocks 115 and 116 (Saugeen Drive reserves);
Block 117 (Otonabee Drive reserve);
Block 118 (Napanee Road reserve).
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
(D
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.
(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.
PART 3 - SERVICES (Cont'd)
25.
GENERAL PI~OVIS1ONS - SERVICES
The Owner agrees with the Town:
(a) Pavin.g_ 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 Existin~ 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, other than in the actual construction of roads in the
plan of subdivision without the written consent of the authority
responsible for such lands.
(ii)
On request, to supply the Town with an acknowledgement from
such authority of the Owner's compliance with the terms of sub-
clause (i).
(iii)
That there shall be no burning of refuse or debris upon its lands
or any public lands.
(d) Construction Traffic
Wherever possible, to ensure that construction traffic serving the devel-
opment of this plan does not use roads, in this plan or adjacent plans,
having occupied residential units fronting thereon.
(e) Qualitative or Quantitative Tests
The Director of Public Works may bare 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 Si[Ins
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.
10
PART 3 - SERVICES (Cont'd)
(i)
Permanent Signs
To provide and erect at its own cost, to the specifications of the Town,
permanent signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
E.ng!neering 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.
(lc) Snow Plov?ing & Sanding of Roads
(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.
Surve~ 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 or re-established 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.
ll
PART 4 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
CONSTRUCTION & OCCUPANCY OF I/UILDINGS
(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 Pnblic Works, capable of providing adequate
serv ic~.%
(2) No building or part of a building in the subdivision shall be occupied
except upon the issuance of a municipal occupancy permit.
(3)
No application for a municipal occupancy permit for a building or part of
a building shall be made except upon the following conditions:
(i)
Storm sewer, sanitary sewer and water facilities are installed and
in operation to adequately serve such building or part thereof;
(ii) Electric service is completed and in operation;
(iii)
An asphalt base has been laid on the road immediately in front of
the building or part thereof and extended to an existing main-
tained public road; and
(iv)
Such curbs, as in the opinion of the Director of Public Works,
are required to be completed prior to occupancy have been con-
structed on that road and extend to an existing maintained public
road.
(4)
The Owner shall maintain vehicular access to all occupied buildings in the
plan of subdivision until the roads are formally assumed by the Town.
28.
HOUSING UNITS
In the event that more or less than ]06 housing units are to be constructed in
the plan, an amendment to this Agreement shall be required.
29. DESIGN PLANNING
(~)
The Owner shall, prior to the issuance of any building permit for the
construction of any residential unit on the lands, submit to the Town's
Director of Planning. for approval, a report outlining siting and architec-
tural design objectives for thc suhdivision, which approval shall not be
unreasonably withheld.
(2)
The report referred to in subsection (1) may be required, at the Direc-
tows option, to provide the following information:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
house massing;
streetscape;
exterior materials and co]ours;
architectural style;
visual variety;
energy conservation measures; and
any other data or information required.
(3)
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
onit, which approval shall not be unreasonably withheld.
12
PART 4 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
(4)
The plans and drawings referred to in subsection (3) may be required, at
the Director's option, to provide the following information:
( ii )
(iii)
(iv)
(v)
(vi)
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.
13
PART 5 - FINANCIAl, MATTERS
30. FINANCIAl, PAYMENTS
(1)
The Owner shall pay to the Town a unit levy in the amount of $2,000 per
unit for each dwelling unit to be erected in the Plan, each payment to be
made when the building permit for the unit is issued.
(2)
No building permit shall be issued for any dwelling unit unless payment
of the unit levy shall have been made in advance of the issuance of such
permil 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 be deemed to be a release of this section for the lands referred
to in the said letter.
31. FINANCIAI, 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 $212,000 as security for the payments referred to in section 30
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 law from time to time.
(b) Local Improvements
Prior to the release of the plan for registration, to prepay any outstand-
ing local improvement charges which are levied against any of the lands
in the plan of subdivision.
(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 I,and Titles Office.
(e) Lien or Other Claims
Upon applying for final acceptance of the subdivision, to supply the Town
with a Statutory Declaration that all accounts for work and materials have
heen paid, except normal guarantee holdbacks, and there are no claims
for liens or otherwise in cmmection 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
14
PART 5 - FINANCIAL MATTERS
against all claims, actions or demands for liens or otherwise and all costs
in connection therewith.
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 t)e 1o 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 pm-poses as any further security.
PART 6 - PARKS & TREES
34.
PROVISION OF PARKLAND
(1)
Pnrsnant to the provisions of section 34 of the subdivision agreement
dated , 1987, between the Owner and the Town respecting the
east portion (Plan 40M- ) of Draft Plan 18T-83022, the Owner has a
credit iu the amount of 1.6193 hectares of land for use in satisfaction of
any fulure obligation to convey parkland to the Town.
(2) Upon the later of,
(a)
(b)
the registration of this plan, and
the conveyance to the Town of Block 106, Plan 40M- ,
pursuant to the agreement referred to in subsection (1),
0.5255 hectares of the Owner's 1.6193 hectare parkland credit shall be
used to satisfy the Owner's obligation to provide parkland for this plan,
and the Owner's parkland credit shall be reduced to 1.0938 hectares.
35.
LANDSCAPE PLANNING
(1)
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.
(z)
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.
36. TREE PLANTING
(1)
The Owner shall plant on road allowances within or adjacent to the plan,
106 trees of a size and type acceptable to the Town.
(z)
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 hy the Owner when the
boulevard into which they are to be planted is sodded.
(4)
If the density is too great to enable 106 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 cmnmunity in which the plan
is located.
37. 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.
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.
(4)
Until such time as the Program is approved, the Owner shall not com-
mence, nor allow to be commenced, any aspect of the development of the
lands in the plan, including the removal of any trees.
16
PAR/' 6 - PARKS & TREES
(6)
i~ th~ event that any tree Yequired ~o be preserved by the approved
Trec Preservation Program i.~ removed or is, in the opinion of the Town's
Dh'ccl~v of Parks and Recrcal~on, damaged to such an e×tent that ils
wdue or longevity is decreased or is likely to be decreased, then the
Ownvr shall replace that tree with a ~ree of a height, diameter and spe-
cies determined by the Direclor; such replacement shall be at no cost to
the Town,
The Owner's liability under snbsection (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
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 Schednle A of this Agreement.
IN WITNESS WItEREOF, the Parties hereto have hereunto affixed their Corporate Seals
attested to by lhe hands of their authorized officers.
SIGNED, SEALED & DELIVERED
BRAMA1A.;A LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
John E. Anderson, Mayor
Bruce Taylor, Clerk
17
SCt{EDULE A
1. TIME LIMIT FOR WORK & GUARANq'EE FOR WORKMANSHIP & MATERIALS
Subject to the provisions of section 14(1) of this Agreement and section 4 of
this Schedule, 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 11, 12 and 13 of this Agree-
ment, the Owner shall construct, at its sole expense and to the Town's
specifications, a temporary turning circle on ,
(a)
(b)
(c)
(d)
Amberlea Road, immediately east of Block 113; and
Napanee Road, immediately south of Block 118;
Otonabee Drive, immediately south of Block 117; and
Saugeen Drive, immediately south of Block 116.
(3)
The Owner shall remove, at its sole expense and to the Town's specifics-
tions, any temporary turning circle located immediately adjacent to the
plan on a public highway to be extended by the Owner into the plan, and
shall replace any such circle with permanent services as if the highway
were a road in the plan.
As the temporary turning circles 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 con-
struction of any turning circle, at his sole discretion, if that sequence
does not warrant it.
DEMOI,ITION 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 issnance of
any building permit.
FENCING
(D
Prior to the commencement of development of the plan, the Owner shall
erect a temporary fence along the easterly boundary of Lot 24.
(z)
Prior to the occupancy of any dwelling unit on Lot 24, the Owner shall
erect a permanent galvanized chain link fence 1.8 metres high, having
0.05 metre mesh, along the easterly boundary of that lot.
(3)
The permanent fencing required to be constructed pursuant to subsection
(2) 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.
FUTURE DEVELOPMENT BLOCKS - BLOCKS 107 to 113
(1)
Subject to the provisions of section 6 of this Schedule, the Owner shall
reserve Blocks 107 to 113 for future residential development in
conjnnction with lands abutting them, and shall maintain those Blocks to
the Town's satisfaction until developed.
A-]
SCHEDULE A
(z)
No residential development' of any of Blocks 107 to 113 shall occur without
a prior amendment to this agreement.
TEMPORARY EMERGENCY ACCESS
The Owner shall provide, to the satisfaction of the Director of Public Works, a
temporary emergency access to Rosebank Road,
(a) from Amberlea Road over Block 113, and
(b) from Saugeen Drive over Blocks 107, 111 and 114,
and sha]l maintain them until permanent access is provided to Rosebank Road,
(c)
(d)
respectively.
by the extension of Amberlea Road to Rosebank Road, and
by the extension of Saugeen Drive to Amberlea Road and of
Amberlea Road to Rosebank Road, or the dedication of Block 39,
(Montclair Lane reserve), Plan 40M-1403, whichever occurs first,
ROSEBANK ROAD FRONTAGE SERVICING
Prior to the registration of the plan, the Owner shall pay to the Town the sum
of $8,000 as its contribution to the Town's future costs of the servicing and
upgrading of Rosebank Road adjacent to Lot 106 and Blocks 107 and 113.
A-2
SCIlEDIIhlq
1. SPECIAL PI~.OVISIONS I~.EQtJ[I~.ICl) I',Y TIlE REGIONAL MtlN1CIPA[,[TY OF
DURIIAM
'l'ht~ sections set out in this $cheduh' represent provisions not affecting the
Town I)ut re(luired to I)e inserled i~ lids Agreement I)y the conditions of draft
apln'oval, daled August 5, 1986. as am~mded December 5, 1986, of Draft Plan
18T-83022 (Revised) by the Commissi~u,cr of Planning a]~d the R~gi(mal Munic-
ipality of I)urham and these sectiot~s ;tr~ nat intended to hind the Owner to the
'['own nor Ihe Town to the Owner i~ ;my m~lnner whatsoever and are nol
construed as relating in any way h) a*)y of the other provisions or this Agree-
ment.
METROPOLITAN TORONTO & RF, G1ON (;ONSF, RVAT]ON AUTIIOI/1TY
("M.T.R.C.A.u)
ENGHqEF, I~I~IG & 1)I~AINAGE P, EPOI~,T
The Owner shall carry out, or cause, Io be carried out, to the satisfaction of
M.T.R.C.S., the reco~nmendations referred to in the Report required bg Condi-
lion 14 of the approval dated Augtt:;t 5. 1986, as amended Deceml)er 5, 1986. of
this plan hy the Commissioner of I'lanning of tile Regional Municipality of
Duz'l~am.
DURIIAM 13OARD OF EDUCATION
The Owner shall insert the following clause in the sale anrt pm-chase ~gree~nent
for each lot:
"School children from this (h~wq.lmlent may have to be transported to
existing schools. Although a s:ih· in tile area has heen reserved for a
school I)uildmg, a new school m;ly not be buil! for several years and it
will be, only when the numbc}' of students from a geographic attondance
area warrants tile llew ~'lcco[131IIodil[}oll,