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HomeMy WebLinkAboutBy-law 2483/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2483/87 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Lot 26, Concession 2, Picketing (Draft Plan 18T-85033; Fairport Developments Inc.). WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 26, Concession 2, Pickering, has been approved by the Council of The Corporation of the Town of Picketing and the Regional Municipality of Durham, subject to several con- ditions, one of which requires the entering into of a satisfactory Subdivision Agree- ment with The Corporation of the Town of Pickering; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Subdivision Agree- ment, in the form attached hereto as Schedule A, respecting the development of that part of Lot 26, Concession 2, Picketing, included in Draft Plan 18T-85033 (Fairport Developments Inc.). BY-LAW read a first, second and third time and finally passed this 19th day of May, 1987. ~ E. Ande~-~f/~T Mayor fBruce Taylor, Cler/k/ TOWN Of PICKERING APPROVED AS TO FORM LEGAL DEPT. i64 SCHEDULE A THIS AGREEMENT made this day of , 1987. BETWEEN: FAIRPORT DEVELOPMENTS INC. hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - THE TORONTO-DOMINION BANK hereinafter called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part of Lot 26, Concession 2, in the Town of Picketing 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 designated as Draft Plan Number 18T-85033; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. LAND AFFECTED The lands affected inclusive, Plan 40M- by this Agreement (the "Lands") are Lots 1 to 23, both , Picketing. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 1987, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. 165 3. 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. 4. 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", "Encumbrancer or Encumbrancers" and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. q. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the plan of subdivision. Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (i) The Owner shall construct a complete storm drainage and storm manage- ment system including 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 upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifica- tions 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. ITEM (2) (3) (4) 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 out]et. 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. 11. ROADS - ROUGH GRADE (1) Prior to the installation and construction of the municipal services provid- ed for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowance shown on the plan subdivision. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 12. ROADS - PAVED (1) The Owner shall construct Duncannon Drive in the plan of subdivision and upgrade Fairport Road adjacent to the plan of subdivision according to the Town's specifications for paved roads of the Town in effect at the date hereof. (z) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using the road in the plan that the maintenance of it has not been assumed by the Town from the time that it is opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the road to be con- structed or upgraded pursuant to section 12, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (~) If any curb depressions are not located correct]y with respect to a drive- way, the Owner shall construct a curb depression in the correct location and ill] in the original curb depression according to the specifications. ITEM 14. SIDEWALKS 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) adjacent to Lots 1 to 12 on the north side of Duncannon Drive and the east side of Fairport Road, (b) adjacent to Lots 13 to 23 and Block 24 on the south side of Duncannon Drive and the east side of Fairport Road. (2) The Owner shall maintain each sidewalk segment until it is formally accepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot in the plan, it shall he provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Commission, Picker- lng Cable T.V. Limited or Bell Canada, as the case may be. I6. STREET LIGHTING The Owner shall install street lights, including poles and other necessary appurtenances, on Duncannon Drive in the plan and Fairport Road adjacent to the plan. (z) Electrical 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. INSPECTIONS Prior to the registration of the plan, the Owner shall pay to the Town the sum of $805 as an engineering drawing inspection fee. (z) All wbrks required to be constructed by the Owner, except those re- ferred to in sections 15 and 16 shall he installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 18. LIABILITY INSURANCE (i) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in a 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 he $5,000,000. 4 ITEM (3) (4) 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. 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 (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. (z) The Owner may, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; 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 5 (4) (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- SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adiacent lands which drain through the plan of subdivision. (2) The Grading Control Plan, (a) shall be prepared in accordance with the Town's Lot Drainage and Storm Water Management Specifications in effect at the date of this Agreement, (b) shah ensure that grading differences between abutting properties are minimized; (c) shall have due concern to the preservation of trees; and (d) shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of 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, the Metropolitan Toronto and Region Conservation Authority and the Ministry of Natural Resources, (4) The grading of' all lands shall be carried out by the Owner in accordance with the approved Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision 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 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 ITEM ':t:7 (z) (3) (4) 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 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 said work at the cost and expense of the Owner or his surety, or both. 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. 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. 22. DEDICATIONS The Owner shall dedicate registration of the plan. Duncannon Drive as public highway upon the 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) Blocks 25 and 26 (Fairport Road reserves); Block 27 (Duncannon Drive reserve); and Block 24 (open space). 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. 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. ITEM 171 GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk. (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) (ii) (iii) 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 or recon- struction of roads without the written consent of the authority responsible for such lands. On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (i). That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. (e) Relocation of Services (i) (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. (f) 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. (g) Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (h) 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. (i) Engineering Drawings Prior to the £inal acceptance o£ 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. 8 Snow Plowin~ & Sandin~ 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 road from occupied buildings to existing 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. (k) 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. 26. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (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: (i) (ii) (iii) (iv) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; Electric service is completed and in operation; 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 Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road and extend to an existing maintained public road. (4) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 27. HOUSING UNITS In the event that more or less than 23 housing units are to be constructed in the plan, an amendment to this Agreement shall be required. 28. 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. 9 (2) (b) (a) (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 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) (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. 29. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $2,000 per unit if paid on or before December 31, 1987, $2,500 per unit if paid after December 31, 1987, but on or before July 31, 1988 and $2,750 per unit if paid after Suly 31, 1988, 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 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 be deemed to be a release of this section for the lands referred to in the said letter~ 30. 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 $63,250 as security for the payments referred to in section 29 hereof, 10 ITEM 31. 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 Land Titles Office. (e) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 33. PROVISION OF PARKLAND Prior to the registration of this plan, the Owner shall pay to the Town the sum of $28,175, in full satisfaction of the Owner's obligation to provide parkland for this plan. 34. 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. 11 ITEM 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. 35. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 23 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 23 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. 36. TREE (1) (2) (3) (4) (5) (6) PRESERVATION 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. 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. [ ntil 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. 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. 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 WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals 12 attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED FAIRPORT DEVELOPMENTS INC. THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk ENCUMBRANCER 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 inter- est is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at , , 1987. SIGNED, SEALED & DELIVERED THE TORONTO-DOMINION BANK 13 ITEM SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of section 14 of this Agreement and section 3 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. 2. 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. 3. FENCING (1) Prior to the commencement of construction, the Owner shall erect s temporary fence along the north boundary of Block 24. (z) The Owner shall erect a permanent 1.8 metre high 9 gauge galvanized chain link fence having 0.05 metre mesh along the north boundary of Block 24 prior to the occupancy of any dwelling unit on any of Lots 13 to 23, inclusive. (3) The permanent fencing required to be constructed pursuant to subsection (2), 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 thereto. 4. ENGINEERING REPORTS (1) The Owner shall provide to the Town, prior to the commencement of any development, a report outlining specific methods of storm water management, site grading, and the installation of above and below ground services will have on the existing vegetation and wells on abutting lands, and the works that may be necessary to relieve that effect. (2) The Owner shall undertake and guarantee any works determined to be necessary by the report referred to in subsection (1). (3) The Owner shall develop the Lands in accordance with the Subsoils Investigation Report dated May, 1986 and the Report on Vegetation dated May 16, 1986. TEMPORARY TURNING CIRCLE (1) Notwithstanding the provisions of sections 12, 13 and 14 of this Agreement, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on Duncannon Drive immediately west of Block 27. (z) 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 shall replace any such circle with permanent services as if the highway were a road in the plan. (3) As the temporary turning circle referred to in subsection (1) will be required only if the sequence of construction in this plan and adjacent lands warrants it, the Director of Public Works may waive the construction of it, at his sole discretion, if that sequence does not warrant it. A-1 CONTRIBUTION TO COSTS OF DOWNSTREAM SERVICES Prior to the registration of the plan, the Owner shall pay to the Town the sum of $4,175, being the Owner's share of the costs to the Town of the construction of the Pine Creek Store ~/ater Management Project, which serves, in part, the lands in this plan of subdivision. FUTURE CONTRIBUTIONS TO SHARED SERVICE COSTS [Provision to be included respecting an endeavour to collect by the Town on behalf of the Owner for costs of extended storm sewer (66 metres) on east side of Fairport Road, south of Block 24.] ITEM SCHEDULE B 179 1. SPECIAL PROVISIONS REQUIRED BY THE REGION OF DURHAM The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval, dated January 9, 1987, of Draft Plan 18T-85033 by the Commissioner of Planning of the Regional Municipality of Durham and these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any way to any of the other provisions of this Agreement. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") & MINISTRY OF NATURAL RESOURCES ("M.N.R.") (1) (2) (3) (4) 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 by Condition 10 of the approval referred to in section 1 of this Schedule. Prior to the initiation of any grading or construction, the Owner shall erect a snow fence or other suitable barrier along the drip line of the trees at the rear of all lots in the plan. This barrier shall remain in place until all grading and construction on the site are completed. The Owner shall submit individual lot, site and grading plans to M.T.R,C.A. for its review and approval for all lots in the development. These plans shall be submitted prior to the issuance of building permits. The Owner shall not place fill, grade or construct any buildings or structures without prior written approval being given by M.T.R.C.A. B-1 ITEM DRAFT PLAN OF SUBDIVISION AND REZONING APPLICATION SUBMITTED BY FAIRPORT DEVELOPMENT LTD. ON THE EAST SIDE OF FAIRPORT ROAD, NORTH OF FINCH AVENUE FILE NUMBER - 1BT-BS033 FILE NUMBER - A 19/86 That Town Council recommend to Regional Council that Draft Plan of Subdivision 18T-85033, submitted by Fairport Developments Limited, on lands being Part of Lot 26, Concession 2, Town of Picketing be APPROVED AS REVISED subject to the following conditions: That this approval apply to the revised plan prepared by F. Schaeffer Planning Group Limited, dated August 22, 1986 and stamped approved this date. 2. That the owner make satisfactory arrangements with the Town regarding the required parkland dedication· 3. That the owner enter into a subdivision agreement with and to the satisfaction of the Town. That the owner make satisfactory arrangements with the Town regarding: a) the provision of all services required by the Town; b) the upgrading to full municipal standards that part of the existing Fatrport Road allowance which abuts the Approved Plan. 5. That the owner agree to dedicate all road allowances with proper corner roundings and sight triangles to the Town. 6. That the owner agree to convey to the Town: a) 0.3 metre reserves at all temporary street termini shown as Block 25 on the draft approved plan; b) any other easements as required. That the owner make satisfactory arrangements with the appropriate authorities regarding the provision of underground wiring, street lighting, cable television and other similar services. 8. That the streets within the draft plan be named to the satisfaction of the Town. That the owner submit for approval by the Town, site glans and streetscape elevations showing the location and relationship of all buildings and dKiveway entrances prior to the issuance of any bUll~ding permits. ., continued COUNCIL DEC I 19u ITEM 3 18/86 181 10. ll. 12. 13. 14. 15. 16. That prior to final registration of this plan, the owner: a) satisfy the concerns of the Metropolitan Toronto and Region Conservation Authority and the Ministry of Natural Resources; b) submit a Draft 40M-Plan to be approved by the Town; c) submit a detailed tree preservation programme to the satisfaction of the Town and agree that no trees be removed until such time as this programme has been apDroved by the Town except as authorized by the Director of Parks and Recreation. That the owner make satisfactory arrangements with the Town regarding the removal, demolition and/or retention of all structures on the subject property. That any development on the lands be subject to the recommendations outlined in the "Subsoils Investigation Report, prepared by Bruce A. Brown Associates Limited and the "Report on Vegetation" prepared by Strybos Associates Ltd. That the owner agree to the satisfaction of the Town: a) to submit a report outlining specific stormwater control and grading methods proposed to ensure near pre-development drainage conditions and minimal impact on valley land vegetation. b) to undertake and guarantee any work necessar.v as determined under subsection a). That prior to final approval of this plan the owner satisfy the Town with respect to the necessary financial contributions to downstream stormwater facilities. That the owner agree to convey Block 24 to the Town for open space purposes. That temporary turning circles be provided at the temporary termini of the streets within the Plan, if required by the Director of Public Works. 182 ITEM 17 /kttach~ent to letter dated January 9, F rd m: To: Re: 1987. Dr. M. Michael, Co,~issioner of Planning Fairport Developments Incorporated Plan of Subdivision 181-85033 Town of Pickering RECEIVED 1,951 CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISIRATION FOR THIS PLAN OF SUBDIVISION ARE AS FOLLOWS NO. CONDITIONS 0 0 That this approval applies to draft plan of subdivision 1BT-85033, prepared by F. Schaeffer Planning Group Limited, identified as number P-53786 and dated August 22, 1986, which is revised in red as per the attached plan showing 23 lots for detached dwellings and 1 open space block. That the road allowance included in this draft plan shall be dedicated as public highway. That the road allowance included in this draft plan shall be named to the satisfaction of the Region of Durham and the Town of Pickering. That any deadends and/or open sides of road allowances created by this draft plan shall be terminated in 0.3 metre reserve(s} to be conveyed to Town of Pickering. That the owner shall convey land to the Town of Pickering for park or other public recreational purposes in accordance with the Planning Act. Alternatively, the municipality may accept cash-in-lieu of such conveyance. That the owner agree to convey Block 24 to the Town for open space purposes. lhat such easements as may be required for utilities, drainage and servicing purposes shall be granted to the appropriate authority. That the uses shown on the approved draft plan shall be zoned in an appropriate zoning by-law passed by the Council of the Town of Picketing in effect in accordance with Section 34(19) and Section 34(31) of the Planning Act. That the zoning by-law referred to in Condition 8 shall contain the appropriate provision(s) to restrict any building or structure other than those necessary for flood or erosion control, on block 24 and to require a minimum set back of 10 m for all buildings from the rear lot line. ITEM :t v ' 183 - 2 - '~lU.)Prior to the initiation of grading and prior to the registration of this plan or any phase thereof, that the owner shall su~nit for the review and approval of the Town of Pickering, the Ministry of Natural Resources and to Metropolitan Toronto and Region Conservation Authority; a) A detailed engineering and drainage report that describes the stormwater management techniques which may be required to minimize the amount of stormwater directed into Pine Creek and the proposed methods for controllin'g or minimizing erosion and siltation on-site and/or in downstream areas during and after construction; b) overall grading plans for the subdivision plan. 11. That the owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within the limits of the plan which are required to service such plan. In addition, the owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to his subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed as per the standards and requirements of the Region of Durham; all arrangements, financial and otherwise, for said extensions are to be to the satisfaction of the Region of Durham and are to be completed prior to final approval. 12. That prior to entering into a subdivision agreement the Region of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacity are available to the proposed subdivision. )That prior to final approval of the plan, the owner shall satisfy all requirements, financial and otherwise, of the Town of Picketing, This shall include, among other matters, execution of a subdivision agreement between the owner and the Town of Picketing, concerning the provision and installation of roads, services and drainage, and other local services. 14. ~hat prior to final approval of the plan, the owner shall satisfy all requirements, financial and otherwise, of the Region of Durham. This shall include, among other matters, execution of a subdivision agreement between the owner and the Region of Durham concerning the provision and installation of sanitary sewer, water supply, roads and other regional services. .., ITEM lhat the subdivision agreement between the owner and town of Picketing shall contain, among other matters, the following provisions: a) lhe owner agrees to carry-out, or cause to be carried-out, to the satisfaction of the Town of Picketing, the Ministry of Natural Resources and the Metropolitan loronto and Region Conservation Authority, the recommendations referred to in the report as required in condition lhe owner agrees that prior to the initiation of any grading or construction, to erect a snow fence or other suitable barrier along the drip line of the trees at the rear of all lots in the plan. This barrier shall remain in place until all grading and construction on the site are completed. The owner agrees to submit individual lot, site and grading plans to the Metropolitan Toronto and Region Conservation Authority for their review and approval all lots in the development, These plans shall be submitted prior to the issuance of building permits. fo r The owner agrees to not place fill, grade, construct any buildings or structures without prior written approval being given by the Metropolitan Toronto and Region Conservation AUthority. e) lhe owner agrees to undertake protective measures to minimize environmental impact of the proposed development to the satisfaction of the Town of Picketing. 16. That prior to final approval, the Commissioner of Planning for the Region of gurham, shall be advised in writing by; a) Town of Picketing, how conditions 1,2,3,4,5,6,7,8,9,10,13 & 15 have been satisfied; b) Metropolitan Toronto & Region Conservation Authority, how conditions 9, 10, 15a), 15b), 15c) & 15d) have been satisfied; c) Ministry of Natural Resources, how conditions 9, 10, 15 ) and 15b) have been satisfied. iTEM Town of Pickerlng PLANNING DEPARTMENT prOPerty Descriplio~ PART LOT 26,CON. 2 Appli~wflon NO, 18T-85055 JAN 27 / 86 J.B.B. CLARKSON GOR[X~ 7500 ITEM Yelri¢ PLAN 4OM- PLAN Or SUBDIVISION or PART OF LOT 26, CONCESSION 2 10~ OF PICKERI~ REGIONALMUNICIffiLITY OF DURHAM / / FlffCH AVEIIIIJE EAST ,,lz l, ggOOW,,