HomeMy WebLinkAboutBy-law 1242/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1242/81
Being a By-Law to authorize the execution
of a Subdivision Agreement between the
Corporation of the Town of Pickering and
Black File Investments Inc. and Beige
File Investments Inc. respecting part of
Lot 24, Concession 2, Pickering
(Draft Plan 18T-80021).
WHEREAS, Black File Investments Inc. and Beige File
Investments Inc. propose to subdivide and register a plan of
subdivision of part of Lot 24, Concession 2, Pickering; and
WHEREAS, that proposal has been approved by the
Council of the Corporation of the Town of Pickering and
the Minister of Housing, subject to several conditions, one
of which requires the entering into of a satisfactory
Subdivision Agreement between Black File Investments Inc.
and Beige File Investments Inc. and the Corporation of
the Town of Pickering;
NOW THEREFORE, the Council of the Corporation of
the Town of Pickering HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to
execute a Subdivision Agreement, in the form
attached hereto as Schedule "A", between the
Corporation of the Town of Pickering and
Black File Investments Inc. and Beige File
Investments Inc. respecting the subdivision
of part of Lot 24, Concession 2, Pickering
(Draft Plan 18T-80021).
BY-LAW read a first, second and third time and finally passed
this 16th day of February, 1981.
? E
i
r??use <<?-? -t-'
Clerk
SCHEDULE "A" TO THE BY-LAW NO. 1242/81
iACMA21.',IT made in tr_lplicate this daOt , 7 31.
B 1: T W E E it : N
BLt1CK 1'ILE Iis v:.:i`, N"T'TS I?7C.
and
herr:-J.n:.f"Ce' col 13C{C:'V CPli " (9i.1%i°
C)Y 1.0I17" 1111-'.l.l
- and -
Vir' 0'X1' ORATI-,0N OF ^CPr'ti 0
ilerr_i??_:fCfr 031.3 i3 the "']'.
- an ?'!
01?' T1Ii;
the t?uc;.er propo:,'s to Sr- e. cv pa:.
-in t'ne ,:.:II CY` Pi. C':i7 i'l i:C _
Pili: zz tm„ and wi:h the cc,_7.^ent of th e Enr??... :, c3nccz::,
rcari.s„t_ ._ _ ..
CO
of ,i _ i r?i of t}.O,"::. lanr's, tCS S'.,o::r 6 ,_ c t.? a' an o`_ ..._ .. ?_ ..
or
_WHEREAS, the Encumbrancers have certain riglits or interests in
the nature of encumbrances relating to the lands affected hereby;
;.I.
NOW TiI,.REFORE, THIS th:t j.n ro?ls?.i?exEl tian
of the Towii approv.ir, j the said propcsc:l plan of subuivisic-n, i' ;ci t.i:e
covenants hereinafter expressed, the Parties hero Lo covenant and agre
one with the other as follows:
-z-
1. T,A?,'D T?FFECTFD
TI-,r? le: Em di affcicCY,y thi- T.c- ser---,+t ? , t- :
'.PTO S:PNCUI,..R tip,=_t cerf-dn lrna u:Q
{;n?. ,_!1r?1
sj.t.....t_e, lying and Ln t? .,,.?I] of in
Mhmici'palitl Of DuxhaIa and P-rt3N7IIOe o Glti.i?]']G :d I;;.j_ J
OL
- 3 - 2. OWNER'S K'^Il'P:',L, ??i,il_,rR?''' w:I*.•;n
Th . Owner ac; . _ s to c n _ _ at _ own ?qr P& in a rk
manlike manner, for U.,,e e-0 the mun! Ap"! rv c_. > .. _ _,. Ali
after set forth to the sat "ac!.' .:n of + - A in - c : PrV ;w o :ks
for the Torn of Pickering, and u_ conplc?r, InKcIm or m: . - pn wenr.
for such other matters as may be nroviu cc 7u heroin.
3. CONSULTING ENGINEERS
(1) The Owner_ agrees to retain a Professional Engineer ar the.
Coze.^ul.,:iriq Engineer' r,,7 the O°,•mc?- to ar.rry out all t.ic +::_ cc•s-
sary engineering and supervise genpraMy the work r_u:i&-7,:.;7
to be done for the development of the snhdAi..: i.on.
(2) Such Ccnsul.Ang .T.'ngincor, or any £P?i'Cn2Ror .rci.c; nl l
ci. Jnrr,. tu, be retained until t ho l :r? pro, ,.:_.n ,.. n .PQ.
Agrecoont is completed and for,nally accepted by tth
4. STOP.i'r'. SEWrRS
(1) The Owner agrees to construct a coop) ate :'i:orm ava ti- -i Anciz+d•.
ing storm connections to the Strom line z:nd catch U-0
leads to service all the lands A the plan of suhdvj n on.
and adjacent road allowances and to provide capacity for
lands upstream of the plan of subdivision, according to
designs approves.': by the Di rvctor of Public i,'oAs LKA rcnnrd-
ing to the specifications of the Tavi in effeclt of tin d- to
hereof and to maintain the", ircl-uCinq clearing any >?JrC1:"I
or C'0.ii.%T t.s from Lnatevor c- use, un 1 L they are li.,_.. ... 7y z
ted by the Town.
(2) Such sewers shall be eonstruc.tec? to an outlet or on! _
according to designs approved by the Di.zecLoi of
Works an-1 .-shall le of sufficient /.e and dapth all
tions ci_t er within or outsWo t nn _ r nQs, of loq! <- ,
service the plan of subdivision Linn the aioz".c,ut'._ -
outsidw the plan of subdivision, , ; . In : i;: p i i ,,
Director of Public Works, will require thr v oc
outlets.
(3) Should, in the opinion of the n i ract': of Prei_ :w M -
i.nadecc ?ate streni or str°,:cture UYi:L 10 100 C. , _.
outsido the plan of subdi i<_;ic.':c, the Onnor mo . r- ..?
to carry out such vorks as are 7:so .:....:-y vo j,: -.uv_ .. ? ..-.-
outlets.
(?i) The Town may
of the system
acceptance of
(5) No connection
or aut,:ori.zed
system by the
xrnnect or sythorize connection into
but such ccnne•cricn shell not coA_-.-i'_
the sewer system by the Town.
under subsection 4, above, shall be unOnrtaken
prior to preliminary acceptanco of ih ..:•r
Town except in an emergency.
- 4 -
(J) Prior to the i n rh l r : _._ ., or con n W "ha - ' --
munic pal- _ryiccs to iced for ;1 `r a:in, th . - ._ co
rough grLd=" to the ''vsa; s sneci.fis:[.I-.iany to the To! t ..- .'.h,
the proposed roLd allo'.:Lnce.c shown on the ploA O1
ui on.
(2) The Owner further aoyccs to Keep all boulevards clo i anal
free of materials ana obctructicns which night intcx ycre
with the installation of . entrlc, telephone, ;'nq cr M or
UK lit ies.
G. F'C%ADS - PA' 7-7)
(1) Tha. C,t.;.-. _-- a" e cs lo con . ruct the rna.u.n shave an "i. ' >> l c .
of subdivision :?)-(I1 to the `c.' ,.
roads of the Town in V-`ect at the date heyoof J1`oluLiPj
such boun3ayy or appru 4c;h roads as 7-_alJ be nceessw, y i•.
provido aD adequa.le acre: s.
(2) The specifications fo" boulevard Vl-r(i0q, sidcwa3li t:'7ci sod-
ding :.. &J apply to L ioAng ruadq t..'..)owent to th'Y a" c
shblivisicii.
(d) The Owner covenant-5 and agrees that,, until asslll9pi'._nn by
the Town, it will maintain and repair roads both within and
outside the plan of subdivision where construction has taken
place- or that are ugoj by C011s trUCL'-Cia " rafi.].c r:'1{-i `... U
plan of sl:bdivis_i.on anti hoop such roar n clear of 6uu,
refuse, ubbish or othcr 11tie:.- Of oll types.
(l) 5,ho C,-,-, Pr w_:l.l crept and ma
all 'f_:'ysons vA nq tho roa
the rair'tenance of t...n'a has
from -'.he time that , '< z 7e
by th,:,:
intZai.n rWgnr.tc siq a , r,1
in thr ps: v o ub : r;t
not hK on acsuped by : .,
op ehcd unt i a gar:1?1 t5 rc?
(:?) SUci_ P1c:'i'.'S a. ,O tho therC'<i` C.i'i' ? J t'. _.
approval of the Tova' s Diruc{.or A 7'i 53 5 c W., & CUI?l '-T-7?3
(1) The CAner ac'°ees to construct curbs i nO (-,t'.'l tv 'r rn . -,
roaC whou7l on the plan C_ subd. & r_ _ n+ -oc'"c -A l`__,
csa}±1 to 11n1i Y, t'. iiln tIA£J n .:1Al tfiC2y :_f'i'_ f9cmaily acc oon, a 1_1
the mown.
(2) If any curb depressions are not located correctly win
respect to a driveway, the Owner shall construct a curb
depression in the correct location and fill in the crig-
inas curb dcprescion according to the staid rpecific:t: ons.
The
(r) on the 17o)-ih "d0t:t of S{_rect A CItc Poijd) a:?`?••(rli
to Lot A71*
(}J) On the u01A)] .`; ]. (l^. G? t}''. `9 f'Cl L"t'_t..nc{: j?n1'{-i (?71 (a)1 c' thr
Side of t):e north'-sough portion of. SL):(.:oi. A C'!ai
Road);
(c) on the west side of the }•est portion, :_out-h side of i-he
north pori-ion and 1•.c",st side of the east: portion cL Street
B (t.eado'rriz,ne Ciescant) ;
d on t 1c south side of Street C tkrOOd court);
frCi:;l thy.
(C') on the sou'-]t ,-I-dc? o° Court D (Trz, i.1wc-,(i court)
vicst ol: Lot ).lc: to the i:or{.I;...('1)sL (Order of .4: 11s;
(f) un the v,-. St side oS' the north- south T_`O': t'i.011 c nd O'l t)le
south sidC of the e:-?ir}':est poru(>n o': Court L
Court) ;
(g) on the b?E'St fJof the Ir^ct tiCii: {::iC Lll:i 'Lhe C- -t o,`.
tho east pol :ion of C:ces Cent F (il lCi i:csci CSICScent); z;-nd
(h) or, the er::t side of Dixie load t1,1j?lcenL to the plc;n of
subdivision;
as illustrz:ted on the .`?}: E'i:C)1 1.h1'T3 ;, .c 1: ('].>> f07. 1.q'':: :uICI, F1CC(?L(7.i_^T '%O
r
t)]?^SDCC]. {1CFx 11.0115 Oi t):i' '.L O'r?I7 111 Cf f"CCL. F7"l: the :1710 }]Ci F.; ,:` 8.)1Ci
to >^aintain the:,,.- unt..! tPicy ._re T i"y a :ct ,ted I)y th_i
?1 i'o.r_rna.- T.
I !0 Yl ftf. 6! 6 E! 6I - 1 /Ji/ \' // /.
11 ??
• .f LIE o(r. Cla cR s Et' /`?J -. Y' '? ? j <•";
P3 &4
M 43 42 AI "74 !9 ,q u : ft T ••BER as
a : ? si? ? c Rr ar ` ?,.
a R !) i'.r ;. C m e e , a J
9g 4 _ \
•{ _._, ii h_ ^/ lip/i 97
{iJ /
101
223
W
JI" 77
.116
''1. ? ? ?'? , ?"• r .?.,•??.,.?
f?? ,`? / ?".. ,? ''7?
- _ L?-?, 11111 2 111
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\(' ? •? T6, 121 i A ????-????" 121 -? I - ,• ? -
'
{?_? _ C n om z? 0.9
,t
, v\?<.,.• ??'-?.'??? ?`.,? I??G ? ? % ^'av`w:•vrt"a°?*a?c+r+r„n ? _- -
• ? '-1 - ? i) ?.- a ?- _, ." P•??
•?. ..?'j- .y r •2 1
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9
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FLEC-1'i? C DIS^;:1 UTION, CABLE TW .. SION SHOVi C;;
(., Undeygf ounj c l.ect`_'i c C' stribut Wn an S w.. - 1 C tni v si on
v ice's shall pr o,id. for n3 l rest _-1t_0 umn :nth w rcl,
within the pion of >lrnl'vislcn aced-C._nj Lo Kho .te_v
and specifications of the appropriate syQuiltv.
(?) The Qv:T?',sr zgre.es to pay all covLs of i"• sh" h,tion o0 e-creW
lighting, including poles and other necL- _r" apnuiycnurite,.;
for the 13 Wing of all streets includ in;, houndary ) oiAs
and pedestrian walkways on the plan.
(3) The iirlltlrq mall h.. Resigned and i`7Ur,7-]i'!3. in acc<_--d.-_nc_
with st'.nda_I;S establ].nhed Ly t.. Tcm. -wO in co_-C-..'KQ,
with the 1_ "_ ,ciation M MuniAPA EIt- i >_c:_1 Utilities Gulv"!
to Municipal Staniard Construction,
(4) The installation of L;L?- works j 7avi&P fr? in Ms s C.1';r,5.•
shall b C -ts%;i.uctcd vndor the a ervinT n and of Pickering Eydrn-.;Ic - We Ca .niss.lon Lv6 Pic:_.. inn C'a_:_iI
TV Limited, as the c,o may M.
(1) All works required to he constructed by So own=r-, cvvnyr
those referred to in section 9, above, shall b installed
tinder the observation of Inspectors emploved by the Town
and the Wier aC? con e o pay the costs, u,':arrva 'i"ho ` oO
within thirty (_t.1) dabs of invoices Laing rendorcO.
(Z) The costs r fer'A in subrction (1) Y! :me, .-:"c''
but not a,c"a.< -..:. it iwi ket Lo, .' c..... lu- and
Inspectors, testing leas and LiWnAh M .A Mon.
(1) Before ,con-.:7.*iNng any of the vork prov i':',. for hcrci.?; •;.
owner shall supply vAs TOwr with a Li.".._. Je L.''_'it
Policy in form satis!nctury to the To•,.' .de„n.i- " _ )n.•
Tcan from s lv2 1 sing cla_ r ": c . ..: .
or otherwiso in conlt_.et-on W. the wnr? Cone by u : un ,,.",,''"
of the Owl-,'ar in the pl."A of sua :ivis U::.
(2) The awoun'_ of tha sa:iO Policy _h:1.1 b._. 01,000,000.
(3 in the event anv ,eln:vQ premium is not :, the ? `_,t
order to ;>revcn! the lapse of such LinLF?'. 1 We,-:
Policy, may pay the renewal premium or is . .-Wa
Owner agrees to pay the cost of such renewal or rencwa"-
within thirty (30) days of the account therefor beinT
rendered by the Town.
(4) It shall be the responsibility of the Oaner 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 pro-
vided by the Liability Insurance Policy shall not lapse.
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PART '' ?•. 'r: c+ (C',. {-.?,z)
12. Pn7'1'OR8!AN'Cr S '-TAINT?'.T!?TTC ; GUP.R7 NTI' "
(1) Before commencing any of the wnrk pyovi0'., & fon hnrpi.n, th.:e
Owner shall supply Lhe 'o'wn wi:-h , 1001 per-v',:"nAce ,._,
mai.ntcnance security in a form sat-isfactorV_ to the To`:;'., and
in an anount established by tho Di-reutor.' of Public MI.-,
to guarantee the satisfactory completion of
the work and to guarantee the workmanship and materials fog."
a period of two (2) years from the date that the said warts
are completed and such completion acknowledged, in writing,
by the Director of Public Works.
(2) Such performance and maintenance security may, at the option
of the Owner, be made up of cash, bond, oi irrevocable
letter of credit.
(?) Tha Owner nary, firoP'i time to timo, apply for a reduction in
the cash, bond or loUrr of cro i.t and such rnplicvhioc
shr,ll be made to the `L'awn Trcr.: c._er.
(!) Upon written vcrific Vion from the Director of Public Worhr.
that the services for which reduction is being sought Lave
been satisfactorily completed and paid foc, the Too-:n My nnge_-
may reduce the amount of the sccuri-ty to an emour.t noL
than ten pc>r cent (10-`:) of the oni.ginal v LP which t^n pc--
cent poyticu :hall apply as the sccnri_;y for mai.nteiwzc,:
until the obligation to maintain has expi-rcd, when the >a1--
ancc of the security shall- be returned to the Owner: s"hject
to any deductions for maintenance purposes.
(5) Up,)n the approval, if any, of a reOncti.on in thn am,ornt of
a security required to be provided in subsccciun 1, f;}
Town Manager or the Town Treasurer shall provide to IV
Owner any nf>ccssa y a suraocc to .._fou _ ton icdnct!
13. P.VAINAGA - SODDIT'C:
(1) The Owner agrees to provide thn Town, be;'o_<a c:,..,.... ... _ .,
of the work pr .. v ideal for hr-re:i.n o nn prior to Ue c,.7raw" .o
ment of the davelo'yment of Ne t l aA of L;uhA v` nio 1, i1
Grading Cant `ul Plan proper'"d Q the Oxn:::' s Consu li 0'
Lngi.nc car, es L obl.i h i .g t proyosyC grading of the .
provido for the prover d.t lY ayz thc.rco l and the di,.'., . c
all aajact:n' lands whlc! drain L1-.-oagh the pl..n of „i-,.. _t-1'_-
s' on.
(l.) The Grading Control P1en shall- Yopvrad in acco:?: A:
with the Town's tut oyaIna:e Si?,?NfNat".ions in e1.fii'.'t
the date of this AgraDmnnt and is sub=..c!t to tho ail
of the Director of Public Works and the .-ecro :olitLn l ,:on;.:
and Region Conservation Authority.
(3) The grading of all lands shall be carried out by the owner
in accordance with the Grading Control PJan, under the
supervision of the Owner's Consulting Engineer.
(4) If, in the opinion of t
problems occur prior to
the plan of subdivision
rect them by re-grading
basins, swales or other
correct such problems.
ae Director of Public Works, drainage
formal acceptance of the works in
by the Town, the Owner agrees to cor-
or by the construction of catch
structures as may be necessary to
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13. M'??TNABT - EO?7DINM (Con.°r'.)
(_ ) The Owner agrees to and the rnhh, si,ln 7 rc nr ;. v-C U:
cacti', of the lots exnetut for pavvd, n n I "a or t reoc!
upon tie completion of the construci: _an of huM.ings there
on.
?'D OR 1171 TILT'.? 1111'f? T,IL
(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 p„c ,
fieca time, or in Wer that it may be completed with ll
the specified time, or is improperly performing the 1p-k,
or shill the owner neglect or aban Ion it, before the a.' -
pleti.on, or unreasonably delay the spay- to that t;o c" _
tio.a? of this Agreement are being tiolntc:: or
execut-ca, or in bai faith, or shall t:e n,.nor_' neglect or
refuse to rene7 or again perform such work as may he rc_.
jccaf2d by the Director of Public: Corks a defecl-.ivc or un-
suitable, or shall the v'wnier in aay other manner, in t::e
opinion, of the Direotor of Public Works, make default A
perfozmance of the terms of th5s hgraenan L, thon in P-? y
such case, the said Director of Public Works shall p]'o':atl,y
notify the owner and his surety in writing, of such deZoun
or Pneylect and if itch notification he without effect
within ten (10) char days after such notice, then in that
case, the Director of Public Works shall thereupon have
full authority to purchase such r .teri,{.1_s, tools &nd
machinery and to employ such workmon as in his opin on
shall. be required for the proper compl o!Aon of. i:he : ai cl
work zt. the cost a i eApense of the C xAor or his :vi, ? .
or bath.
(2) In cases of emergenr7, in the opinion of the Dircohnn o'
PtAil:ic Work r!, such nay be do_ie without p..:iC)r
but the Owner shall be forthwith Poti icd.
(3) The. cast of such S:?:t£;t shall be cal oua and by Y "P Dl_
_ :?r
of Public Works whale decision shall he iir.sl.
(4) It io undRrotood ar_l agreed thaL =,uch cnAtk o 31 2" Qa IC3SOajenen( _ of hran.ty pel cant (201) ( the l ; nn?
and material value, and further, a fee oC thirty It c--nL
(301) of the value Dar the dislocation c:nd ir,conv -
caused to the Town as a result of such c'.ctUM on thi r _
of the 'Oerner, it Laing here)"y declared a"d agreed t i. th
assuming by the Owner of the o , i i n a tj on , .i )v,oc in
paragraph iv one of the eonsidcracions, without .-m L i ,.,';
Tow;ci would not have executed this ,'greenant.
15. DEDICATIONS
The Owner shall dedicate as public highway, upon the racisc.rat on
of the final plan, or e:nvey, free and clear of all encumbrances,
within the thirty (30) days immediately following the registra-
tion of the final plan, the lands indicated in Column I of the
following Table to the respective authority named in Column II
of the Table:
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15. PAUCATIONS (Cunt' d)
16.
CrY-_n I
P",'.'.t A
(An- •? e Gate Road)
Strc et B
(Mea.do:•rlane Crescent)
Street C
(CeUrwOOd Court)
Court D
(Trailwood Court)
Cou.r` E
(Timtor Court)
C.re--ant. F
(NIArose Crescent)
Co'•, vn I
The CM Ora l i o , of the TWI
oY Pickeri.nc}
The Corporals nn of the ` ww A
of Pickering
The Corporation of the 'c'cw,
of Pickering
The Co:rp„rr<Anv of t1,P Tow:'i
of I> .c} e ing
The Corp was ion of the 'iva--
of PiUnrin<;
The Corporviion of t?e To;n
of Pichcring
TR.I%SFERS - CONVFYANCFS
(1) The Owner shall ccnvey free and c3ear of all encuTbr::j uP2,
at no cost to the Grantee, upon the registration of t:.,
plan or within the thirty (30) days immediately fo:i_lowing
the registration of the final plan, tho lands indicated in
Column I of the fcll.owi_ng Table a tho i_e"pective uQ0Y Any
named in Column 11 of the Table:
Column .I Co?_„-nn 7 i
Block The Corporv: i nr of the '.r. a„
(Road Widoni.ng of pichering
- Dixie Roa )
Block The Corporation of ti,- n
(Walkway) of Pickering
Block The C urporv i ion of the xu
(Reserve - of Pickering
Dixie Roza:)
Block Thu Curporr.;i.nn of the '__,•_,
(Reserve - of Pickering
Dixie Road)
Block The Cor_po; stion of thn Tnn. !
(Reserve -- of Pi:_ ;caring
Wildrose Crescent)
Block The Corporation of the Town
(Reserve - of Pickering
Wildrose Crescent)
Block The Corpoysti.on of the Town
(Reserve - of Pickering
Cedarwood Court)
Blocks The Corporation of the Town
(Reserves - of Pickering
Maple Gate Road)
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16.
17
13
TIMSFE1'.i - C0-'T%IVYANCTS Wont' d)
(1) Notwithstanding the -rovisions of _....,.."`.c'..ian ( _) , _'__.. Z.
transfer required th r in shall not ! a d:__ _ed io 1 c..
t:o an encun ^-a> :re that encu: hT ance rulat ,. z ny ?av to
the existent , or maintenance of a public u'?i?.it_
(1) The Owner shall arrange at no cost to the Town for granting
to the Town such casements as the Director of Public: Works
or, his Casignate shall Oerm ncccssary tor- the nrov i . ian of
storm sewer services moth within the boundari.c.s of the pl:n
of sukavivisicn and across lands' adj?cent: tharreto but outsi_oe
its bound rios.
(i.) Such onserentc sha]7. ba subject: to the wpyc?',%n?. of Mc K__.r -
tor of l ublic Works or his des.igDate as to Mir loevAun and
VIdth.
(3) T'i'le const.?-"uctlon of any services 4n such eascment or ease-
ments shall not commence until thn easement: h;'s boen acquirM,
unless permission to do so h hone ohLali.C-C't by tl]ft
in writing, Mom the `Pozen and iron the xi? i vt: Tea o-.:nny o_
the lands across which the casuIIlsnL csha] t lin.
sT??rf,?r raAMl?,c>
The Owner shall name, on t.hc final ocean, the ;trouts indic. tcd in
n.... .. ,
`'
C'.o?uun I of the fo,__ o.'_.nci '.'nh"to, with with t.},n Sc;oxet.ve nL
out in Column 11 of the 2bb3a:
Cu]-7niu? I
(Dro"t Plan Designation)
Strc; t A
,,t cot B
st7oct C
Cot-,rt D
Court. D
Cr( ,.;c c4nt F
19. SERVICE CAPACITY
Co) ni'an IT
Maple Guts Bead
McMowlonn C:roscent-
Cedarwoud Coor''.
Tra.ilwoo& Ccwn c
Timber Court
Wildrose C:r:cscen..
This Agreement shall be subject- to the Owner entering into sat-
isfactory arrangements with the Town and the ReglonA Anni ciao l-
ity of Durham with resnect to the allocation of sewage treatvonL
plant capacity and water capacity for the develoomant.
- 1-1 -
,r, ,T 7'77 ?7 F ,r.1 - ? {Con t-
20.
GENERAL PROVISIONS - SERVICES
The owner agrees with the Town:
(a) Paving of Dr:i.vewav Annrnach s
To pave all driveway approaches between the curb and side--
walk, or, where no sidewalk is to be proAded, betw2on the
curb and the lot line.
(b) Continuation of Existing Services
Where the construction o services herein involves a contin-
uation to existing services, to join info the sar,o, incl;&
ing adjustment of grades where necessary, in a yood ana
workmanlike manner.
(c) Public Lands - Fill & Debris
(i) Neither to dunm nor to permit to Ino dump-d, any Fill
or debris on, nor to remove or ];)ry: it to be rc kov_d,
any fill from any public Innis, other than t.h
actual conqtructi_on of roads in the plan of subdJ.;.i.--
sion without the written consonL of the authority
responsible for such lands.
(ii) On request, to supply the Town wit! an ac:knoyinl,vc._
ment from such authority of the owner's compliance
with the terms of subclause (i), above.
(iii) That there shall he no burning of refuse or debris
upon its lands or any public lands.
(d) Con^i'-notion Tr851.'c
Wherever- possible, to ensure that conga uct.i.on tr+r'f c n" v
ing the development of this plan doss Dot use r-od;:,, in t.h
plan or adjacent _plans, having occupied _ ..s -dent:ial. Ri: .t-r;
fronting thereon.
(e) naa_li.tat:ive or. Quantitative 'Pests
The Director of Public Works may have gr.wit.vtlve or nAn-.
titative tests made of any material` ;!11. have V ??- s. --.
proposed to to used in the constru: tio:h o- any ,-c
quired by this Agrecnent, and the cost of such t°.'si r ..hn!L
be paid by the Cwner w:i.ch n thirty (30) 6L yq of thn Df-
being rendered by the Toom.
(f) Relocation or Services
(i) To pay the cost of relocating any c7istinq .-
and utilities caused by the sMdi.vi: .on wo ; w n
thirty (30) days of the account for same being ien--
dered by the Town.
(ii) Similarly to nay the cost of moving any services or
utilities installed under this Ac_,reement in drive-
ways 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 rognired to
be done under this Agreement to the specification" o: the
Town in effect at the date hereof.
- 12 -
PTV`:' 2 - SR wI •"'S (C:ont' d)
20
CENTRAL PROVISTONS - SERVICE'S (Cop't' d)
(;,) Temporary Figns
To provide and erect at its own cost, to the specificv ions
of the Town, temporary signs of such nature and at suv',
locations as may be designated by the Director of PubU c
Works.
(i) Permanent Signs
To provide and erect at its own cost, to the spaci.f:i.cAtions
of the Town, permanent signs of such nat.urn and at st;U loca-
tions as m_sy be designated by the Di ecto_ of Public Works.
(J) Engineeripn Drawings
Prior to the final acceptance of the su'adivi_ri_nn, to curnl,,,
the Town with the original drz wi-ngs of Qn engineering woUs
for the plan of subdivision, with amendments, if any, noted
thereon.
(k) Snow Plowing & Sanding of RomPs
if, in the opinion of the Director of Public Works, tl,e
condition of the road surface is not acco l able for w: i or
control, to snow plow and sand such reads ffom such occupied
buildings to existing Town roads or to subdivision roDJ2
that receive the Town's winter control service, including
alternate means of access where available.
Such snow plowing and sanding shall be dono from time io
time when the Director of Public Works deems condition-;
varraot and until such tape as the roads yr a to
the Director of Public Works for winter control..
(1) Survey Monuments & Markers
Prior to the acceptance of the suhdi.vis3on by the Tt"wr tc,
sup.,ply a statcmant by an Ontario Ln.nd Suyvcyn that, Pc:,
the completion of the subdivision work, he hrs _'oun rll
standard iron bars as shown an the reglaterc4 p 0n, <
survey monuments at all block curn:rs, the ports cf uj,
curves, other than corner roundings anQ all poiaL._ i_
change in direction or streets on the rcgistirad y ..
- 13 -•
PART" 3- C{z" -,,...T QN I f C4PANC` Ln. r
21.
COKSTPUCTION A DCC P CY Ov DUSI_ 'TNG i
(1) The Owner agicas that no building permit rhall }i.s s::
any building or part of huilding in thn subdivision ..n;.i
sewer and water faci-litieL are availrb] -, and in ''Le o'c'un
of the Director of Public Works, capa.hle of pro`.'iuino on-
quatc service.
(2) The Oxmi:,r furthc?r agrees that no building or ppot of a build-
ing in the subdivision shall be occupied except upon tiles
issuance of a rrunici_pal occupancy permit.
(3) It is agreed that no "pplicati.on for vanicipal occopency
permit for a building or _raart of a building shall_ be nn ,,
except upon the following ccndit.icns;
(i) Fever and water facilities are instnlic! an& in
open:at en to alequatoly :serve su' h hui_!....hg c,.
part thereof;
(ii) Electric service is completed and in ope.r.a&co;
(iii) An asphalt base has been laid on the roa.cl
iately in front of i:he builcl.ing or part there:;:
and extended to an es-`.r.ting maintained p blic
xoad; and
(iv) Such curbs, as in the opinion of the Kractor c,t
Public Works, are required to be completed prior
to occupancy have h'en constructed on the said
road and extend to an existing r.-. intaii nd nubl i c
road.
(4) (a) The O°.oier_ vgrne CC) th- To-.m that: should sny to I IPA:
or part Ucr eof ._n thi plan of syi 1 s ion Lc cc. n . i _,.
without the urior isl-,: Ace of a municipal o'.u1'= c'
permit, then in that event, the O•wncr shall pay to the.
Town, the sum of $1, i;O for each building or parr
thereof so occupied Ls iiquidatcU a .. _qes thcraTar,
(b) The issuance by the Pc;m of mur.icipN o c . pvnc._
milts for each, .and cveiy hvi-lding on any lot or h, u.l.
in the plan of subdivinion shall. i,_ dnencn to b .,
release from the provi sjons of this sunuccUrn Ni
respect to that lot or block.
(5) The Owner- further cov2nan',.s and agrees; to mai rtain vc:._
lar access to all occuoiec buildings thn: p]a;: of nuhcti..
vision, until t`;a roads Rue formally a crnd. b to
and further agrees to obltLi.n s.':.iTt]..!Fr en'•cc qnt_, .-__an ? v
subsequent owner of any of the lands in i c said p0 n.
22. TIME LIMIT FOR CONSTRUCTION
The Owner agrees to construct or cause to he constructed, one
hundred and thirty (130) houninq units, all of which shall 0-
com_oloted within two (2) years of the date of registration of
the plan.
- 14 -
PART 3 - CC)M`ePli( WOW r., n: O"POW,; (I^ milrsypirp (C,)nt' e)
------ ------
23. DrSICN PLANNING
(1) (a) The Oc??er agrees that, Prior to thr :issuance cK c:;y
building permit for the construction o; any resiaun-
tial unit on the lands, it sh?ll sup xnit to the s
Director of Planning, for apyrcval, a report outlin-
ing siting and architectural design objectives for
the subdivision.
(b) This report may he required, at the Director's op.-ion,
to provide the following information:
M house massing;
(i.i) streetscape;
(iii) ent.eri.or materials and colownb;
(iv) architect=l style;
(v) visual variety;
(vi) energy conservation =Lsures; and
(vii..) any other data or information required.
(2) (a) The. Owner further agrees that, prior to the issunnoo
of any building permit for the construction of a res-
idential unit to be erected on the lands, it shall
submit to the Director, for approval, site plans and
archit:ecCural drawings for that unit:..
(b) These plans and drawings may he recr,&rcd, at the
Director's option, to p 'oviao the i.6 i layin g Wc :.. a-
Lion-
the ) location of all bu.ildingn and strunpr"s
to be erected and the location of all Mcil-
ities and works asnuciated thcruwith;
(ii) the location of landscaping features, WN W-
ing trees to be p.r.ecwezved;
(iii) s'trent=.cape for fropt PnQ )oar eloAliC'rn «.
a scale acceptable to the Di iauoi-;
(iv) strectscape to show all st.r_co f rniuno
vegetation;
(v) the relationship of buildings by blocks: cn(`
(vi) any other data or information required.
- 15 -
PlLR',
2 4.
25.
26.
F"iNANCIAL PAYMENTS
(1) The owner agrees to pay to
amount of $1,500 per unit,
which a bui.laing permit is
(2) No building permit shall b
unless payment of the unit
advance of the issuance of
such dwelling unit.
the To',- a un.4t. love in thy,
for each d:aelling.uni.t fc::
received. ,
a issued for any d.welli_nq r"Q
levy shall haw been =Cs i_n
such permit with respect to
(3) Payments of such levies shall. No made to the To%al froi time
to time as building ne.rmits are required.
(4) In any event, the Owner shall pay all levies due urOer the
provisions of this section in full, no later than eigh non
(18) months from the date of registration of the plcn.
(5) A letter from the Clerk of the Town advi si ng th;: i tt,?? uni 'c
levy has been paid shall he deemed to be a released of
this
section for the lands referred to in the said letter.
L ETTF,Z2 OF CREDIT
The Owner shall, immediately prior to the rcgistration of the:
plan, deposit with the 't'own, an irrevocable bank letter of
credit payable to the Town, in a form satisfactory to the Town,
for the sum of $195,000 as security for:
(a) the payments referred to in section 24 hereof; and
(b) the payment of liquidated djmages referred to in sv ec.
tion (4) of section 21 hereof.
GENERAL PROVISIONS -- FINANCIAL 271",'P".I:3
The Owner agrees with the Town:
(a) Tvxe s
To nay the tones in full on all the lanOn i ncludoO in the
said plan of subdivision, as required ly Inw fro" t5...n in
tine.
(b) Local Imnr_ovc?ents
Prior to the release of the plan for registration, t_o Pre-
pay any outstanding local inmrovomcnt charges whicl nvc?
levied against any of the lands in the said plan of u;di-
vision.
(c) Interest
To pay interest at the rate of eighteen per cent (18%) per
annum to the mown on all sums O money payable herein which
are not paid on the due dates calculated from such due
dates.
- 1') -
26. GENERAL PR.aVI.S.IONS - FI`,7 N T T MATTERS (Cont'd)
(d) tag iestma::t-ion C'ees
To pay all registration costs incurred by lthrn To;m r.elz,Li3'q
in any way to the registration of the plan of subdivlslon
or any other related documentation, lnc.lujing Cian :ier::'-, in
the Lapwd Titles Office.
(e) Lien or Other Claims
Upon applying for financial acceptance of the subdiviglon,
to sup?^ly the To:,n) with a Statutory Decir'r_ C on that W,
accounts, for wort and materials have been nail, except yr -
mal quE 7antee holdbacks, and there are no niai ms for Y onr ,
or ot:hArwis.e in connection with such work done or mate') 1
sup_;li€s-d for or on behalf of the Owner in cannac'cion W0
h
the Su'". iVi :iiol3, or if such claims do onist-, the Oynor '
agrees to indemnify the Town against any clair,rs, action:;
or demands for nechanic.n' liens or otherwise and all cos,tc:
ill connection tLerewith.
27. FXYIPY G"
(1) The Od,ner further agrees that should any security
required to be given under the terms of this Ayrc anent
expire during the currency of the Agreement, the Owner
shall }provide to the Toe,,n at least thirty (30) days in
advance of the expiry date of that security, a furthc-:r
security to take effect upon the expiry.
(2) Such Further security ::hall be to the s,atis action
of the Town.
(3) Should no such further security be provided as requir.wS,
then t!:e Tocm shall have the right to convert the
expi.rAng security into cash and hole the crash in lieu c.
and for the same purposes as any further socur_ity.
2£i. T7iRMT77i.77I07v 6)" LEVYIOC'C'T1717?,NCF S7''URITY
(1) The letter of crec'.it recurred to be dcpanitol with t',,,
Town p':srsuant to the prcv dons of section 21, ar'ova, m:
only he terminated or cancCJ..3.ed by the Owner after ill':"
Municipal Occupancy Permit for the lr.,t rr';'a_rlent.i.a! b''.`;-'r_' -
ing or part thereof to be constructed on nccse hands hc'E
been issued by the Town.
(2) Notwithstanding the provisions of subsection 1, the Owner
may, from time to time, apply to the Town Treasurer for a
reduction in the amount of the letter of credit referred
to in subsection 1, as Municipal Occupancy Permits are
issued.
- 17 -
PART 5 - PA'iYS F,
29. P)'QpTiZON OF PARY.TW:D
(1) The Parties acknowlcuae that, in the 6ndication of parkland.
for the subdivision designated as Draft Plan ICT-7906K, Q.2
Owner or related companies dedicated a surplus of 0.9616
hectares.
(2) It is hereby agreed by the Parties that 0.6444 hectares of
that 0.961G hectare surplus shall consitute the parkland
dedication required for the development of the subdivision of
the lands affected by this Agreement.
(3) It is hereby acknowledged by the Parties that, as of the date
of this Agreement, the net surplus of parkland dedicated by
the Owner or related companies to the Town is 0.3172 hectares.
30. D;h'C):NC
(1) The Owner shall erect, upon the completion of final lot grad-
ing and seeding or sodding the lands in the su'bO vis.i.c,n,
(a) a permanent fence of nine (9) gauge, gal.vaniz.ad steel
link fencing, having 0.05 metre mock,
(i,) 1.8 metres high, along the easterly boundary
of Block adjacent to,
1. Lots 29 and 30, and
2. Lots 47-54, inclusive.
I. C metres high, alone,
1. the northerly and sovkha,rly boundaries of
block
2. the easterly boundary of Lot 108 frnn the
south--east cor_mer thereof to a vo:i-n : 3. 0:q
north of that corner; and
3. the easterly boundary of Lot 309 from th:,:
north-e:: ,t corner ther: of i o a pain t. 3. (,:ii
south of that corner.
(iii) 1.22 metres high along the sout.harly bovoO0 ry
of the subdivision adjacent: to Lots 1-11,
inclusive; and
(b) a permanent fence of nine and three quarter (9--3/4)
gauge, nine (9) strand, galvanized steel form fenny,
1.22 metres high, having maximum 0.10 x 0.40 meti:,
mesh along the boundary of the subdivision adjacer,C
to,
1. Lots 11-19, inclusive,
2. Lots 23-29, inclusive,
3. Blocks
4. Lot 1, Lot 130, Lot 110 and Lot 109 (except, in
the case of Lot 109, where a chain link fence is
required).
- la -
PART 5 - PARKq & TR77S (font' d)
30. FT,'NCV,1C (Cunt' d)
(2) The fencing required to be constructed pursuant to clouve
(a) of subsection (1), above, shall be constructed so
to meet- or exceed the requirements for swimming pool cnclo-
sures as set out in Part II of the Town's By-Law 425/75, as
amended from time to time, or any successor t.hcreto.
(3) The owner shall further erect, at the time the fencing ref-
erred to in subsection (1) is erecteu, vehicle barriers on
Blocks ; such barriers to be constructed in accordance
with specifications therefor and to the satisfaction of the
Director of Public works.
31. DRUNACE ONTO Orr:": SPACP,/PARKL ,,` D
(1) The Owrie:r shall ensure that the lands within the subdivision
do not drain surface run-off water onto Town owned p.r.l:land,
open space or walkways.
(2) Where this is not possible, the Owner shall install within
the parkland, open space or walkways, as the case may be,
at a distance: no greater than six (6) metr.eK from the prop-
erty line, suitable swalcs and catch }.asins to adequa!; Iy
manage, in the opinion of the Director of Panes and F. crea-
tion, all surface run-off water, draining onto the parkland
open space or walkways from the lands within the subdivi-
sion.
32. LANDSCAP3;
(1) The Owner agrees that, prior to the issuance of buil&nU pqr-
mits for any of the units to be erected on the lands, it
shall submit a landscaping plan for oil of the lots ancd
blocks on the plan to the Town for approval..
(2) The Owner further agrees that upon approval by the Town of
a landscaping plan, the landscaping works shown on tb,
plan shall be constructed, installed or plan Lad, as tl case
may be, in conformance with the landscaping plan accor:Mag
to the time limits set out in Schedule "P.".
33. TREE PLANTING
(1) The Owner shall plant on the lands, trees of a size, number
and type acceptable to the Town.
(2) A schedule of the Owner's tree planting scheme shall h
approved by the Director of Planning prior to the planting
of any trees.
(3) A list of acceptable tree species and sizes wi11 be provided.
(4) The trees approved by the Town shall be planted by the Owner
no more than sir. (6) months after final grading is done in
the specified area.
- 19 -
PART `i - PAVES & TREES (Coat' d)
33
TREE PLANTING (Coat'u)
(5) (i.) The Owner shall pr.ovidc at least one (1) tree per resi-
dential unit in the subdivision.
(ii) where the density is too great to enable this quota to
be met, the Owner shall provide $50 per unit for tree
planting in a public land area within the community in
which the plan is located.
34. T:SP: PRI SPRVPTION
(1) The owner agrees to retain, at its ovn1 ex
expert in order to determine which of the
shall be preserved.
(2) The aforcmantioned qualified expert shall
Preservation Program, which program shall
the Director of Planning and shall not be
until it has received the approval of the
n in g.
>ense, a qualified
existing trees
prepare a Trac
be submitted to
nut into effect
Director of I'lan-
(3) In determining whether or not to approve the Tree Preserva-
tion Progrr_m, the Director shall ho governed by the Toe-:n
Tree Preservation Guidelines in effect as at the date
hereof.
- 20 -
PART 6 - GENERAL PRnVTSONP,
35.
36
37
38.
39.
LICENCE TO ENTER
The Owner agrees with the Torn to retain a licence from any sub-
sequent purchaser of the aforesaid lands to enter upon such lands
in order to comply with the provisions of this Agreement.
CANCELLATION OF AGREEMENT
In the event the complete plan of subdivision is not registered
on or before August 31st., 1982, the Town may, at its option on
one month's notice to the owner, declare this Agreement to be
null and void with respect to any unreylstered portion of the
plan.
NOTICE
Any notice required to
istered mail addressed
place of business and
immediately following
Post Office.
ENCUMBRANCERS
be given hereunder may be given by reg-
to the other Party at its principal
shall be effective as of the second day
the date of the deposit thereof in the
The Encumbr.ancers agree with the Town that this Agreement shall
have priority over and take precedence over any rights affected
hereby, whether or not any such right or interest was c_;tab-
lished 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 dnstxu-
ment or document registered on title to the lands affected
hereby, or any part of them, prior to the registration of this
Agreement.
INTERPRETATION
(1) Whenever in this Agreement the word "Owner" and the pronoun
"it" is used, it shall be read and Construe(. as "Cmier or
Owners" and "his", "her" or "their", respoctively, and the
number of the verb agreeing therewith shall be construed
accordingly.
(2) The provisions in Schedules "A", "B" and "C" attached hereto
shall form part of this Agreement.
40. TIME
Time shall be of the essence of this Agreement.
- zl -
PART 6 -- GFNE RAL PPOVISInNS (Coat' d)
41. BINDING PARTIES
This Agreement and everything herein contained shall enure to the
benefit of and be binding upon the Parties hereto, their succes-
sors and assigns.
IN WITNESS WHEREOF, the said Parties have hereunto affixed their
Corporate Seals attested to by the hands of their proper officers in
that behalf fully authorized.
SIGNED, SEALED & DELIVERED
BLACK FILE INVESTMENTS INC.
President
Vice-President
BEIGE FILE INVESTMENTS INC.
President
ce-President
THE CORPORATION OF THE TOWN OF PICKERII':G
er.
SCtI[;ni'LF "A"
1
TIME, LIMIT FOR WORK F, rTIARANTEP FOR WORKMANSiIIP & MATERIALS
(1) Save as herein otherwise provided, the owner agrees to com-
plete the works required under this Agreement within the
time limits specified in the Table set out below and to
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 Work, the Director of
Parks and Recreation, or the Director of Planning, as the
case may be.
(2) 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 Completion
(a) Underground one year from the date of the
Services registration of the final
plan of subdivision
(b) Aboveground Two years from the date of the
Services registration of the final. plan
of subdivision
2
3.
TEMPORARY TURNING CIRCLES
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 specifications, a temporary turning circle at the
easterly end of Cedarwood Court, which shall be removed and re-
placed with permanent services at the Owner's expense, when the
road is extended.
DEMOLITION OF EXISTING BUILDINGS
All :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.
4. WALKWAY TREAT=,7T
The Owner agrees to construct a walkway between the curb on
Trailwood Court adjacent to Block and the easterly boundary
of the subdivision and along the full length of the walkway des-
ignated as Block , across the full width thereof, according
to the specifications of the Town and to maintain such walkway
until it is formally accepted by the Town.
SCHIDULL "B"
1. INDUSTRIAL/COMMERCIAL COMPONENT
(1) The Owner shall construct within the Town of Pickering,
industrial or commercial buildings having a total floor
area of not less than 12,077 square metres, and based
on the Town's 40 (industrial) - 60 (residential) ratio,
shall be entitled thereby to 130 credits upon which the
same number of residential building unit permits may
be issued.
(2) The required industrial or commercial buildings shall be
completed on or before,
(a) December 31st in the third year immediately
following the issuance of the first residential
building permit for a lot or block in this plan, or
(b) December 31st, 1987,
whichever first occurs.
(3) If, on the ist day of January in any year after the year
in which they are to be completed, the required industrial
or commercial buildings have not been constructed, then
the Owner shall Day annually to the Town on the 15th day
of January in each year, liquidated damages in the amount
$350 for every 92.9 square metres or part thereof of the
required industrial or commercial buildings not constructed
on each January lst.
(4) The owner shall leave deposited with the Town, its
performance guarantee in the amount of $225,000 to
guarantee the satisfactory completion of the required
industrial or commercial buildings on or before the dates
set out in subsection (2), above, and to secure the
payment of any liquidated damages that may become
payable under subsection (3), above.
SCIIP.iJ1)I,E "C"
1. SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF HOUSING
The sections set out in this Schedule represent provisions required
to be inserted in this Agreement by the conditions of draft appro-
val, dated December 31st, 1980 of Draft Plan 18T-80021 by the
Minister of Housing 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.
2. ONTARIO HYDRO
(1) The Owner shall install a permanent boundary fence, at its
expense, to keep hydro lands free of debris and vehicle
traffic and any other unauthorized use.
(2) The owner shall, prior to final approval, submit a drainage
plan to Ontario Hydro for approval.
3. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY
- ENGINEERING & DRAINAGE REPORT
The owner shall,
(a) prepare a detailed Engineering and Drainage Report, acceptable
to the Metropolitan Toronto and Region Conservation Authority,
describing,
(i) the storm management techniques which will be employed
to minimize the amount of storm water drainage from
the subject lands; and
(ii) the development and construction techniques and safe-
guards which will be used to control and minimize the
effects of erosion and siltation on the site prior to,
during and after the construction period,
and
(b) carry out, or cause to be carried out, recommendations referred
to in the Report required in .(a).
4. DURHAM BOARD OF EDUCATION
- NOTICE TO PURCHASERS RE TRANSPORTATION OF ELEMENTARY SCHOOL
STUDENTS
The purchasers of the homes within the development shall be
advised with (within) the Agreement of Purchase and Sale that
although there is a Proposed school site within the adjacent
development, students from the subject development may have to
be transported to existing schools and that a school is not
likely to be built for several years and only then if it can be
justified to the satisfaction of the Minister of Education.
SCIIEDur "D"
1.
MAPLE RIDGE DEVELOP14ENT CONNECTING ROAD
(1) On or before the thirtieth day following the registration
of the plan herein, the Owner shall obtain and register,
at its cost, a conveyance from Ontario Hydro to the Town
of that part of Lot 24, Concession 2, Pickering, designated
as Parts 1, 2 and 3, Plan 40R-6054, which conveyance shall
be at no cost to the Town and free and clear of all
encumbrances, save and except a sewer easement in favour
of Her Majesty the Queen in right of Ontario.over
Part 2, Plan 40R-6054.
(2) The Owner shall construct, on the lands referred to in
subsection (1), above,
(a) a road,
(b) curbs and gutters,
(c) a storm drainage system, and
(d) a sidewalk along the entire west side of
the said road,
to the Town's specifications, to the satisfaction of
the Director of Public works, according to such time
limits as would be applicable if the lands were being
developed as an integral part of the subdivision
plan herein.
(3) The provisions of sections 12 and 14 of this Agreement
shall apply to the works required to be constructed under
subsection (2), above, except that,
(a) the security may be provided by the owner's
contractor, and
(b) the guarantee period for workmanship and
materials shall be one (1) year.
(4) The Owner shall construct at its sole cost, on the
boundaries of the lands referred to in subsection (1),
above, and the abutting lands owned by Ontario Hydro,
a permanent post and cable fence, with chained vehicle
entrances, to specificiations approved by the Director
of Parks and Recreation.
(5) The provisions of sections 12 and 14 of this Agreement
shall apply to the works required to be constructed under
subsection (4), above.
(6) The entire cost of the design and construction of the
services required to be constructed under subsection (2),
above, shall be borne by the Town which shall reimburse
the Owner periodically as invoices are submitted and
verified by the Town and the usual hold-back periods
expire.
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