HomeMy WebLinkAboutBy-law 1805/84TIlE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1805 /84
Being a by-law to authorize the execution of a
Subdivision Agreement between 556168 Ontario
Limited and the Corporation of the Town of
Picketing respecting the development of Part Lot
22, Concession 2, Picketing (part Draft Plan
18T-79049).
WHEREAS, 556168 Ontario Limited proposes to subdivide and register a plan of
subdivision of Part Lot 22, Concession 2, Pickering; and
WHEREAS, that proposal have been approved by the Council of the Corporation of the
Town of Pickering and the Ministry of Housing, subject to several conditions, one of
which requires the entering into of a satisfactory Subdivision Agreement between
556168 Ontario Limited and 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 Agree-
ment, in the form attached hereto as Schedule A between 556168 Ontario Limited
and the Corporation of the Town of Pickering respecting the development of
Part Lot 22, Concession 2, Picketing (part Draft Plan 18T-79049).
By-law 1329/81 is hereby repealed.
BY-LAW read a first, second and third time and finally passed this 19th day of
March, 1984.
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Schedule A to By-law 1805/84
THIS AGREEMENT made this 19th day of March, 1984
BETWEEN:
556168 ONTARIO LIMITED
hereinafter called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
MID-SHEPPARD HOLDINGS LIMITED
hereinafter called the "Encumbrancer"
OF THE THIRD PART.
WHEREAS, the Owner proposes to subdivide part of Lot 22, 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 as part
of a draft plan of subdivision prepared by Marshall, Macklin, Monaghan Limited and
designated as Draft P/an Number 18T-79049 (Revised); and
WHEREAS, the Encumbrancer has certain rights or interests in the nature of encum-
brances relating to the lands affected hereby;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town
approving the proposed plan of subdivision, and the covenants hereinafter expressed,
thc Parties hereto covenant and agree one with the other as follows:
PART 1 - PROPERTY DESCRIPTION
LAND AFFECTED
The lands affected by the Agreement 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 13, both
inclusive, and Blocks 14 to 21, 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 - 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 Director of Public Works for the Town of Pickering, and shall
complete, perform or make payment for such other matters as may be provided
for herein.
CONSULTING ENGINEERS
(1)
The Owner shall retain a Professional Engineer as the Consulting Engineer
of the Owner shall carry out all the necessary engineering and to super-
vise generally the work required to be done for the development of the
subdivision.
(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.
STORM SEWERS
(1)
The Owner shall construct a complete storm system including storm con-
nections to the street line and catch basin leads to service all the lands
in the plan of subdivision and road allowances adjacent to the plan of
subdivision and to provide capacity for lands upstream of the plan of
subdivision, according to designs approved by the Director of Public
Works and according to the specifications of the Town in effect at the
date hereof and shall maintain it, including clearing any blockages or
debris from whatever cause, until it is formally accepted by the Town.
(2)
Such system shall be constructed to an outlet or outlets according to
designs approved by the Director of Public Works and shall be of suffi-
cient size and depth and at locations either within or outside the lands
affected hereby to service the plan of subdivision and the aforementioned
lands outside the plan of subdivision, which in the opinion of the Director
of Public Works, will require its use as a trunk outlet.
(3)
Should, in the opinion of the Director of Public Works, an inadequate
stream or structure exist in the outlet system outside the plan of subdivi-
sion, the Owner may be required to carry out such works as are neces-
sary to provide an adequate outlet.
(4)
The Town may connect or authorize
system but such connection shall not
system by the Town.
connection into any part of the
constitute acceptance of the sewer
(5)
No connection under subsection 4, above, shall be undertaken or au-
thorized prior to preliminary acceptance of the sewer system by the
Town, except in an emergency.
5. ROADS - ROUGH GRADE
(I)
Prior to the installation or construction of the municipal services provided
for herein, the Owner shall rough grade to the Town's specifications to
the full width, the proposed road allowances shown on the plan of subdi-
vision.
(2)
The Owner shall keep all boulevards clear and free of materials and
obstructions which might interfere with the installation of electric, tele-
phone, gas or other utilities.
PART 2 - SERVICES (Cont'd)
ROADS - PAVED
(D
The Owner shall construct the roads
according to the Town's specifications
effect at the date hereof.
shown on the plan of subdivision
for paved roads of the Town in
(2)
The specifications for boulevard grading and sodding shall apply to all
existing roads adjacent to the plan of subdivision.
(3)
Until assumption by the Town, the Owner shall maintain and repair roads
both within and outside the plan of subdivision where construction has
taken place or that are used by construction traffic entering the plan of
subdivision and keep such roads clear of dust, refuse, 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 plan of subdivision that the maintenance of them
has not been assumed by the Town from the time that it is 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.
CURBS & GUTTERS
(1)
The Owner shall construct curbs and gutters on the roads to be con-
structed pursuant to section 6, above, according to the specifications of
the Town in effect at the date hereof and shall maintain them until they
are formally accepted by the Town.
(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 said specifica-
tions.
SIDEWALKS
The Owner shall construct a sidewalk,
(a)
(b)
(c)
(d)
specifications of the Town in effect at the date
until they are formally accepted by the Town.
on the north side of Finch Avenue;
on both sides of Forest Park Drive;
on the north side of the southerly east-west portion and the south side of
the northerly east-west portion of Ferncliff Circle; and
on the north side of Parkdale Street,
illustrated on the sketch attached hereto as Schedule C, according to the
hereof and to maintain them
9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE &
STREET LIGHTING
(i)
Underground electric distribution shall be provided for all residential lots
and blocks within the plan of subdivision according to the standards and
specifications of Pickering Hydro-Electric Commission.
(2)
Gable television services shall be provided for all residential lots and
blocks within the plan of subdivision according to the standards of
Pickering Gable T.V. Limited.
4
PART 2 - SERVICES (Cont'd)
9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE &
STREET LIGHTING (Cont'd)
(3)
The Owner shall pay all costs of installation of street lighting, including
poles and other necessary appurtenances for the lighting of all streets
and pedestrian walkways on the plan, and all boundary roads requiring
upgraded lighting.
(4)
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.
(g)
The installation of all works provided for in this section shall be con-
structed under the supervision and inspection of Pickering Hydro-Electric
Commission and Picketing Cable T.V. Limited, as the case may be.
10.
INSPECTION OF WORK
All works required to be constructed by the Owner, except those re-
ferred to in section 9, above, shall be installed under the observation of
Inspectors employed by the Town and the Owner shall pay the costs
incurred therefor within thirty (30) days of invoices being rendered.
(2) The costs referred to in subsection (1), above, may include, but not
necessarily be limited to, salaries and wages of Inspectors, testing fees
and administration fees.
ll. LIABILITY INSURANCE
(I)
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, 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 $1,000,000.
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 thirty (30) days of the account therefor being rendered
by the Town.
(4)
It shall be the responsibility of the Owner to notify the Town of the
dates for the renewal of the premium of the said policy and to supply
proof that the premium of the said policy has been paid in order that the
protection provided by the Liability Insurance Policy shall not lapse.
12. 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
100% performance and maintenance security in a form satisfactory to the
Town and in an amount established by the Director of Public Works 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 l0 of this Agreement;
PART 2 - SERVICES (Cont'd)
12. PERFORMANCE & MAINTENANCE GUARANTEE (Cont'd)
(c) guaranteeing the payment of any amount that the Town may be
required to pay under the provisions of the Construction Lien
Act, 1982, and
(d)
guaranteeing all works, workmanship and materials for a period of
two (2) years from the date that the works are completed and
such completion acknowledged, in writing, by the Director of
Public Works.
(2)
The Owner may, from time to time, 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)
thirty-five per cent (35%) of the original value where no certifi-
cate or declaration of substantial performance has been made;
(b) twenty per cent (20%) of the original value where,
(i)
a certificate or declaration of substantial performance has
been published;
(ii) forty-five (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) ten per cent (10%) of the original value where,
(i) 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 court;
which ten per cent (10%) 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.
(4)
Upon the approval, if any, of a reduction in the amount of the security
required to be provided in subsection 1, the Town Manager or the Town
Treasurer shall provide to the Owner any necessary assurance to effect
the reduction.
PART 2 - SERVICES (Cont'd)
13.
DRAINAGE - SODDING
(i)
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
/ands to provide for the proper drainage thereof and the drainage of all
adjacent lands which drain through the plan of subdivision.
(2)
The Grading Control Plan shall be prepared in accordance with the
Town's Lot Drainage Specifications in effect at the date of this Agreement
and is subject to the approval of the Director of Public Works.
(3)
The grading of all lands 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 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.
(5)
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 thereon.
14.
INCOMPLETED OR FAULTY WORK
(1)
If, in the opinion of the Director of Public Works, the Owner is not
prosecuting or causing to be prosecuted the work in connection with this
Agreement within the specified time, or in order that it may be completed
within the specified time, or is improperly performing the work, or shall
the Owner neglect or abandon it before the completion, or unreasonably
delay the same so that the conditions of this Agreement are being violated
or carelessly executed, or in bad faith, or shall the Owner neglect or
refuse to renew or again perform such work as may be rejected by the
Director of Public Works as defective or unsuitable, or 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 ten (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 com-
pletion 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 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 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.
7
PART 2 - SERVICES (Cont'd)
15.
DEDICATIONS
The Owner shall dedicate as public highway,
plan, the following lands'.
(a) Ferncliff Circle
(b) Forest Park Drive
(c) Parkdale Street
upon the registration of the final
16. 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 thirty (30) days immediately following the registration of the final
plan, the following lands:
(a) Block 30 (future road - Lynwood Street);
(b) Blocks 26 and 27 (Ferncliff Circle reserves);
(c) Block 28 (Forest Park Drive reserve);
(d) Block 29 (Lynwood Street reserve); and
(e) Block 25 (Parkdale Street reserve).
(z)
Notwithstanding the provisions of subsection (1), above, a transfer
required therein shall not be deemed to be subject to an encumbrance if
that encumbrance relates in any way to the existence or maintenance of a
public utility in operation as of the date of this Agreement.
17. TRANSFERS - EASEMENTS
(l>
The Owner shall arrange at no cost to the Town for granting to the Town
such easements as the Director of Public Works or his designate shall
deem necessary for the provision of storm sewer services both within the
boundaries of the plan of subdivision and across lands adjacent thereto
but outside its boundaries.
(z)
Such easements shall be subject to the approval of the Director of Public
Works or his designate as to their location and width.
(3)
The construction of any services in such easement or easements referred
to in subsection (1)(a), above, shall not commence until the easement has
been acquired, unless permission to do so has been obtained by the
Owner, in writing, from the Town and from the registered owner of the
lands across which the easement shah lie.
PART 2 - SERVICES (Cont'd)
18.
STREET NAMING
The Owner shall name, on
the following Table, with
Tab]e:
the final plan, the streets indicated in Column I of
the respective names set out in Column II of the
Table
Column I
Street adjacent to Lots 1-6
Street adjacent to Lots 7-12
Street adjacent to Lots 1, 6,
7, 12 and 13, and Blocks 14-21
Street adjacent to Lot 13 and
Block 25
Column II
Ferncliff Circle
Ferncliff Circle
Forest Park Drive
Parkdale Street
19. SERVICE CAPACITY
This Agreement shall be subject to the Owner entering into satisfactory ar-
rangements with the Town and the Regional Municipality of Durham with respect
to the allocation of sewage treatment plant capacity and water capacity for the
development.
20. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave all driveway approaches between the curb and sidewalk, or,
where no sidewalk is to be provided, between the curb and the lot line.
(b) Continuation of Existing Services
Where the construction of services herein involves a continuation to
existing services, to join into the same, including adjustment of grades
where necessary, in a good and workmanlike manner.
(c) Public Lands - Fill & Debris
(i)
Neither to dump nor to permit to be dumped, any fill or debris
on, nor to remove or permit to be removed, any fill from any
public lands, including Ontario Hydro lands, other than in the
actual construction of roads in the plan of subdivision without the
written consent of the authority responsible for such lands.
(ii)
On request, to supply the Town with an acknowledgement from
such authority of the Owner's compliance with the terms of sub-
clause (i), above.
(iii)
That there shall be no burning of refuse or debris upon its lands
or any public lands.
(d) Construction Traffic
Wherever possible, to ensure that construction traffic serving the devel-
opment of this plan does not use roads, in this plan or adjacent plans,
having occupied residential units fronting thereon.
9
PART 2 - SERVICES (Cont'd)
20.
GENERAL PROVISIONS - SERVICES (Gont'd)
(e) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or quantitative tests
made of any materials which have been or are proposed to be used in the
construction of any services required by this Agreement, and the cost of
such tests shall be paid by the Owner within thirty (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 thirty (30) days of the
account for same being rendered by the Town.
(ii)
Similarly to pay the cost of moving any services or utilities
installed under this Agreement in driveways or so close thereto,
in the opinion of the Director of Public Works, as to interfere
with the use of the driveway.
(g) Specifications
Unless otherwise provided, to perform any work required to be done
under this Agreement to the specifications of the Town in effect at the
date hereof.
(h) Temporary Signs
To provide and erect at its own cost, to the specifications of the Town,
temporary signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
(i) Permanent Signs
To provide and erect at its own cost, to the specifications of the Town,
permanent signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
(j) Engineering Drawings
Prior to the final acceptance of the subdivision, to supply the Town with
the original drawings of the engineering works for the plan of subdivi-
sion, with amendments, if any, noted thereon.
(k) Snow Plowing Ih 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.
(1) Survey Monuments Ih 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.
10
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
21.
No building permit shall be issued for any building or part of a building
in the subdivision until sewer and water facilities are available, and in
the opinion of the Director of Public Works, capable of providing adequate
service,
(2)
No building or part of a building in the subdivision shall be occupied
except upon the issuance of a municipal occupancy permit.
(3)
No application for a municipal occupancy permit for a building or part of
a building shall be made except upon the following conditions:
(i)
Storm sewer, sanitary sewer and water facilities are installed and
in operation to adequately serve such building or part thereof;
(ii) Electric service is completed and in operation;
(iii)
An 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 the said road and extend to an existing maintained
public road.
(4)
(a)
Should any building or part thereof in the plan of subdivision be
occupied without the prior issuance of a municipal occupancy
permit, then in that event, the Owner shall pay to the Town the
sum of $1,750 for each building or part thereof so occupied, as
liquidated damages therefor.
(b)
The issuance by the Town of municipal occupancy permits for
each and every building on any lot or block in the plan of subdi-
vision shall be deemed to be a release from the provisions of this
subsection with respect to that lot or block.
(5)
The Owner shall maintain vehicular access to all occupied buildings in the
plan of subdivision until the roads are formally assumed by the Town.
22.
TIME LIMIT FOR CONSTRUCTION
(i)
The Owner shall construct or cause to be constructed, in the plan,
thirty-three (33) housing units, all of which shall be completed within two
(2) years of the date of registration of the plan.
(2)
In the event that more or less than thirty-three (33) housing units are to
be constructed in the plan, an amendment to this Agreement shall be
required.
23.
DESIGN PLANNING
(1) (a)
The Owner shall, prior to the issuance of any building permit for
the construction of any residential unit on the lands, submit to
the Town's Director of Planning, for approval, a report outlining
siting and architectural design objectives for the subdivision,
which approval shall not be unreasonably withheld.
(b)
This report may be required, at the Director's option, to provide
the following information:
11
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
23.
DESIGN PLANNING (Cont'd)
house massing;
streetscape;
exterior materials and colours;
architectural style;
visual variety;
energy conservation measures; and
(2) (a)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
any other data or information required.
The Owner shall, prior to the issuance of any building permit for
the construction of a residential unit to be erected on the lands,
submit to the Director, for approval, site plans and architectural
drawings for that unit, which approval shall not be unreasonably
withheld.
These plans and drawings may be required, at the Director's
option, to provide the following information:
(i) the location of all buildings and structures to be erected
and the location of all facilities and works associated
therewith;
(ii) the location of landscaping features, including trees to be
preserved ~
(iii) streetscape for front and rear elevation at a scale accept-
able to the Director;
(iv) streetscape to show all street furniture and vegetation;
(v) the relationship of buildings by blocks; and
(vi) any other data or information required.
(b)
12
PART 4 - FINANCIAL MATTERS
24. FINANCIAL PAYMENTS
(i)
The Owner shall pay to the Town a unit levy in the amount of $1,750 per
unit, for each dwelling unit for which a building permit is received.
(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 eighteen (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.
25. 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 $57,750 as security for:
(a) the payments referred to in section 24 hereof; and
(b)
the payment of liquidated damages referred to in subsection (4) of section
21 hereof.
26. 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 said plan of
subdivision, 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 said plan of subdivision.
(c) Interest
To pay interest at the rate of eighteen per cent (18%) per annum to the
Town on ali 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
13
PART 4 - FINANCIAL MATTERS (Cont'd)
26. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd)
(e) Lien or Other Claims (Cont'd)
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 mechanics' liens or otherwise
and all costs in connection therewith.
27. EXPIRY OF SECURITIES
(i)
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 thirty (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.
28. TERMINATION OF LEVY/OCCUPANCY SECURITY
(1)
The security required to be deposited with the Town pursuant to the
provisions of section 25, above, may only be terminated or cancelled by
the Owner after the Municipal Occupancy Permit for the last residential
building or part thereof to be constructed in the plan has been issued by
the Town.
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 5 - PARKS & TREES
29.
PROVISION OF PARKLAND
The Owner shall pay to the Town the sum of $28,297.50 prior to the registra-
tion of the plan of subdivision in full satisfaction of the Owner's obligation to
provide parkland and the Town shah accept such payment in lieu of a
conveyance of lands for park purposes.
30.
FENCING
The Owner shall erect, upon the completion of final lot grading and
seeding or sodding the lands in the subdivision, a permanent fence of
(a)
nine (9) gauge, galvanized steel link fencing, having 0.05 metre
mesh, 1.5 metres high along the northerly boundary of Blocks 23
and 24; and
(b)
nine and three-quarter (9-3/4) gauge, nine (9) strand,
galvanized steel farm fence, having maximum 0.10 x 0.40 metre
mesh, 1.25 metres high, along the westerly and northerly
boundaries of the plan,
as illustrated on the sketch attached hereto as Schedule D.
(2)
The fencing required to be constructed pursuant to subsection (1)(a),
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.
(3)
The Owner shall further erect, at the time the fencing referred to in
subsection (1) is erected, vehicle barriers on Blocks 26, 27 and 28, to be
constructed in accordance with the Town's specifications therefor and to
the satisfaction of the Director of Public Works.
31.
LANDSCAPE PLANNING
(i)
The Owner agrees that 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 and blocks on the plan 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.
32.
TREE
PLANTING
(1) The Owner shall plant on road allowances within or adjacent to the plan,
trees of a size, number 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) A list of acceptable tree species and sizes will be provided.
(4) The trees approved by the Town shall be planted by the Owner no more
than six (6) months after final grading is done in the specified area.
(5) (i) The Owner shall plant one (1) tree per residential unit in the
subdivision.
15
PART 5 - PARKS & TREES (Conrad)
32.
TREE PLANTING (Cont'd)
(5) (ii)
Where the density is too great to enable this quota to be met, the
Owner shall provide $70 for every unit for which a tree cannot be
planted for tree planting in a public land area within the commu-
nity in which the plan is located.
33.
TREE PRESERVATION
(1)
The Owner shall retain, at its own expense, a qualified expert to prepare
a Tree Preservation Program indicating which existing trees shall be
preserved.
(2)
The Program shall be submitted to the Director of Planning for his 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 Guidelines 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
PART 6 - GENERAL PROVISIONS
34. LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the afore-
said lands, or any part thereof, to enter upon such lands in order to comply
with the provisions of this Agreement.
35.
CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before December
31st, 1984, the Town may, at its option on one month's notice to the Owner,
declare this Agreement to be null and void.
36. 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 shah be
effective as of the second day immediately following the date of the deposit
thereof in the Post Office,
37.
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 interest is set out in or arises by virtue of any instrument or document
registered on title to the lands affected hereby, or any part of them, prior to
the registration of this Agreement.
38.
INTERPRETATION
(i)
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, B, C, and D attached hereto shall form part of this
Agreement.
39.
TIME
Time shall be of the essence of this Agreement.
40.
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.
IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate Seals
17
PART 6 - GENERAL PROVISIONS (Cont'd)
attested to by the hands of their proper officers in that behalf fully authorized.
SIGNED, SEALED & DELIVERED
556168 ONTARIO LIMITED
Authorized Signing Officer
Authorized Signing Officer
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
MID-SHEPPARD HOLDINGS LIMITED
Authorized Signing Officer
Authorized Signing Officer
18
SCHEDULE A
1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
(D
Save as herein otherwise provided, the Owner shall complete the works
required under this Agreement within the time limits specified in the
Table set out below and shall guarantee the workmanship and materials
for a period of two (2) 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.
Any works other than that specifically provided for in the Table shall be
completed within the time limit provided for therein for aboveground
services.
Table
Works
Time Limit for Construction
(a) Aboveground Services Two (2) years from the date of the
registration of the plan of subdivision
(b) Underground Services Two (2) years from the date of the
registration of the plan of subdivision
TEMPORARY TURNING CIRCLES
(i)
Notwithstanding the provisions of sections 6, 7 and 8 of this Agreement,
the Owner shall construct, at its sole expense and to the Town's speci-
fications, a temporary turning circle on:
(a) Ferncliff Circle immediately east of Block 26;
(b) Ferncliff Circle immediately east of Block 27; and
(c) Forest Park Drive immediately south of Block 28.
(2)
Further, the Owner shall remove, at its sole expense and to the Town's
specifications, any temporary turning circle located immediately adjacent
to the plan on a public highway to be extended by the Owner into the
plan, and shall replace any such circle with permanent services as if the
highway were a road in the plan.
DEMOLITION OF EXISTING BUILDINGS
All structures on the lands comprising the plan of subdivision shall be demol-
ished by the Owner, at its sole expense, prior to the issuance of any building
permit.
SEMI-DETACHED DWELLINGS
If the Owner constructs any semi-detached dwellings that are attached below
grade but not above grade, then in that event the Owner shall include in any
offer to sell or agreement of purchase and sale respecting such dwellings, the
following:
The Town of Pickering requires that the Purchaser be advised that the
dwelling herein is a semi-detached dwelling in that it is attached, below
ground level, to the dwelling immediately to the (north, south, east,
west, as the case may be).
and further, that a copy of an executed version of any such document be filed
with the Town Clerk within ten (10) days of the date thereof.
A-1
SCHEDULE A (Cont'd)
5. FUTURE DEVELOPMENT BLOCK - BLOCK 21
Block 21 shall be reserved by the Owner for future residential development in
conjuncion with abutting lands to the north, and such development shall occur
only after an amendment to this Agreement specifically permitting it.
CO-ORDINATED DEVELOPMENT
The Blocks set out in Column I of the following Table shall be developed
by the Owner only in conjunction with the lands described in Column II
thereof:
Table
Item Column I Column II
l. Block 14 Block
2. Block 15 Block
3. Block 16 Block
4. Block 17 Block
5. Block 18 Block
6. Block 19 Block
7. Block 20 Block
44, Plan 40M-1267
45, Plan 40M-1267
46, Plan 40M-1267
47, Plan 40M-1267
48, Plan 40M-1267
49, Plan 40M-1267
50, Plan 40M-1267
(2)
The development of the lands described in both Columns I and II of the
above Table shall be governed by the provisions of this Agreement.
A-2
SCltEDULE B
FUTURE CONTRIBUTIONS TO OVERSIZING COSTS
(i)
In the event that the storm drainage system required by the Town to be
constructed by the Owner pursuant to the provisions of section 4 of this
Agreement is to be of a larger capacity, in whole or in part, than neces-
sary to service all the lands in the plan of subdivision, then the pro-
visions of this section shall apply.
(2)
Within sixty (60) days of the acknowledgement, by the Town's Director of
Public Works, of the completion of the storm drainage system, or any part
thereof, as the case may be, as provided for in section 12 of this Agree-
ment, the Owner's consulting engineer shall provide to the Town, in a
form satisfactory to the Town,
(a)
a detailed summary of the Owner's actual cost of the design and
construction of the required storm drainage system, excluding
lateral connections; and
(b)
a detailed estimate of the Owner's probable cost of the design and
construction of the said system, excluding lateral connections,
had the system been required by the Town to service the lands
in the subdivision only.
(3)
Within thirty (30) days of the receipt by the Town of the summary and
estimate referred to in subsection (2), in a form satisfactory to the
Town, the Town Manager shall determine and notify the Owner in writing
of the following:
(a)
the area of the lands outside the plan of subdivision that the
storm drainage system shall be deemed to service for the pur-
poses of this section (the "external lands");
(b)
the portion of the Owner's actual cost, referred to in subsection
(2), that the Town shall deem to be applicable to the external
lands for the purposes of this section (the "oversizing cost");
and
(c)
the amount of the oversizing cost that the Town shall deem to be
applicable to each hectare of the external lands (the "per hectare
oversizing cost"),
and that determination shall be final.
(4)
In the event that the external lands, or any part thereof, are to be
developed by plan of subdivision, plan of condominium or any other
method requiring a Development Agreement, then the Town shah
endeavour to ensure that the owner thereof pays to the Owner herein,
prior to the development of those lands, all or an appropriate portion of
the oversizing cost,
(a)
calculated according to the gross area immediately prior to devel-
opment of the external lands to be developed and the per hectare
oversizing cost, and
(b)
adjusted annually, for a maximum of five (5) years from the date
of the notification referred to in subsection (3), above, according
to the Southam Construction Cost Index for Ontario, composite
portion.
In consideration of the Town approving the plan of
entering into this Agreement with this section included,
by,
subdivision and
the Owner here-
(a) remises, releases and forever discharges, and
(b) agrees to indemnify and save harmless,
B-1
SCHEDULE B (Cont'd)
FUTURE CONTRIBUTIONS TO OVERSIZING COSTS (Cont'd)
the Town, its officers and employees and their respective heirs, execu-
tors, admlnistrators, successors and assigns, of and from all actions,
causes of action, accounts, claims, debts, damages, demands, and costs
associated therewith, arising, to arise or which may hereafter be brought
against them, or any of them, by or on behalf of the Owner, or any
other person, because of the provisions of this section or any error,
omission, failure or negligence in the application thereof.
PRELIMINARY ESTIMATES
(1)
Notwithstanding the provisions of subsection l(2)(a) of this Schedule, the
summary referred to therein may be provided to the Town in the form of
preliminary estimates prior to the completion of the works in question,
but, if such preliminary estimates are provided, a detailed summary of
actual cost must be provided in accordance with subsection 1(2)(a) or the
Town's obligations under this Schedule shall cease.
(2)
The provisions of subsections 1(3), 1(4) and 1(5) shall apply to all
preliminary estimates provided, mutatis mutandis, but all determinations
resulting therefrom shall be subject to confirmation or adjustment, at the
Town Manager's sole discretion, upon the owner's consulting engineer
providing to the Town the detailed summary of actual cost in accordance
with section 1(2)(a).
3. CONTRIBUTIONS TO COSTS OF EXISTING OVERSIZED SERVICES
(1)
(2)
Prior to the registration of the plan, the Owner shall pay to the Town
the sum of $13,047.94, being the costs incurred by Heldor Development
Corporation in the construction and installation of an oversized storm
drainage system in conjunction with the development of Plans M-1210 and
40M-1267, which system serves, at least in part, the lands in this plan of
subdivision.
Within thirty (30) days
subsection (1), above,
ment Corporation.
of the receipt by it of the sum referred to in
the Town shall pay that sum to Heldor Develop-
B-2
SCHEDULE C
BLOCK
0 ~0 R~SERYE
J
· * BLOCK ~0 '/
/
DEIAIL
L|NWOOD ETRELrT
FERNCLIFFo ,I
S*IRI~E~- PA R K D AL E STRE['~
BLOCK ZE .o, F INCH AVENUE
'BLOCK ~'4
0.$0 RESERVE
Sidewalks
C-1
,qCHEDULE D
BLOCK 21
BLOCK
FE_R._N_C, LI..F F ~
~IMULC.
tR.CL, rro
CIRCLE
BLOCK BLOCK tt '""'"'"' FINCH
· AVENUE
Ir~l ~ 'BLOCK 24
o
Chain Link Fence
Farm Fence
D-!
0
0
O0
2>
0
~VENUE,
STREET
LANE
ROAD
BOULE VA R.D~
ROSEFIELD
BRANDS COURT
i'LiCIil [11: ~iC[i[[ll[iG
LEGITL DE~JITTITF,'IEflT