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HomeMy WebLinkAboutBy-law 1105/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1105 /80 Being a By-Law to authorize the execution of a Subdivision Aareement between Willowridge Construction Limited and the Corporation of the Town of Pickering respecting the develop- ment of part of Lot 20, Range 3, Broken Front Concession (draft Plan 1ST-76085 South Portion) WHEREAS Willowridge Construction Limited have proposed a Plan of Subdivision for certain lands within the Town of Pickering; AND WHEREAS the Council of the Corporation of the Town of Pickering and the Minister of Housing have approved of the said proposal, subject to certain conditions, one of which requires the proposers to enter into a Subdivision Agreement with the Corporation pursuant to the provisions of subsection 6 of section 33 of The Planning Act, R.S.O. 1970, c. 349, as amended; NOW THEREFORE THE COLNCIL 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 Willowridge Construction Limited and the Corporation of the Town of Pickering, respecting the subdivision of Part of Lot 20, Range 3, Broken Front Concession (Draft Plan of Subdivision Number 18T-7800.5, South Portion). BY-LAW read a first, second and third time and finally passed this 17th day of March , 1980. i i A° yor - `/l, T CI P; C; Af., 0 y f, [1CV THIS AGREEMENT made this day of , 1980. BETWEEN: WILLOWRIDGE CONSTRUCTION LIMITED hereinafter collectively called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS, the Owner proposes to subdivide certain lands in Lot 20, Range 3, Broken Front Concession, in the Town of Pickering, in the Regional Municipality of Durham, and to register a Plan of Subdivision of those lands, as shown on part of a Draft Plan of Subdivision prepared by C. F. Fleischmann, O.L.S., dated August 21st, 1978, as revised, designated as Draft Plan Number 18T-78085; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the said proposed Plan of Subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: - z - PART 1 - PROPERTY DESCRIPTION LAND AFFECTED The lands affected by this 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, - 3 - PART 2 - SERVICES 2. OWNER'S GENERAL UNDERTAKING The Owner agrees to complete at its own ex- pense and in a good workmanlike manner, 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 to complete, perform or make payment for such other matters as may be provided for herein. 3. CONSULTING ENGINEERS The Owner agrees to retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engin- eering and generally supervise the work required to be done for the development of the subdivision. Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 4. STORM SEWERS (1) The Owner agrees to construct a complete storm system inclu- ding storm connections to the street line and catch basin leads to service all the lands on the said Plan of Subdivision and adjacent road allowances and to provide capacity for lands upstream of the subdivi- sion, 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 to maintain them, including clearing any blockages or debris from whatever cause until they are formally accep- ted by the Town. Such sewers shall be constructed to an out- let or outlets according to designs approved by the Direc- tor of Public Works and shall be of sufficient size and depth and at locations either within or outside the subdivi- sion to service the subdivision - 4 - PART 2 - SERVICES (Cont'd) 4. STORM SEWERS (Cont'd) and the aforementioned lands outside the subdivision which, in the opinion of the Direc- tor of Public Works, will re- quire their use as trunk out- lets. Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the subdivision, the Owner may be required to carry out such works as are necessary to provide adequate outlets. (2) The Town may connect or auth- orize connection into any part of the system but such connec- tion shall not constitute final acceptance of the sewer system by the Town. (3) No connection under subsection 2 shall be undertaken or auth- orized prior to preliminary acceptance of the sewer system by the Town except in an emer- gency. 5. ROADS - ROUGH GRADE Prior to the installation or construction of the relevant municipal services provided for herein, the owner agrees to rough grade to the Town's specifications to the full width, the proposed road allowance shown on the Plan of Subdivision. The Owner further agrees to keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. 6. ROADS - PAVED The Owner agrees to construct the road shown on the Plan of Subdivision according to the specifications for paved roads of the Town in effect at the date hereof, in- cluding such boundary or approach roads as may be necessary to provide an adequate access. The specifications for boulevard grading, sidewalks and sodding shall apply - 5 - PART 2 - SERVICES (Cont'd) ROADS - PAVED (Cont'd) to existing roads adjacent to the said Plan of Subdivision. The owner covenants and agrees that until assumption by the Town, it will maintain and repair streets both within and outside the subdivision where construction has taken place or that are used by construction traffic entering the subdivision and keep them clear of dust, refuse, rubbish, or other litter of all types. The owner will erect and maintain adequate signs to warn all persons using the subdivision road that the maintenance of it has not been assumed by the Town from the time that it is opened until formal assumption by the Town. 7. CURBS & GUTTERS The Owner agrees to construct curbs and gutters on the road shown on the Plan of Subdivision, and on Sandy Beach Road adja- cent to Blocks 8 and 9 according to the specifications of the Town in effect at the date hereof and to maintain them until they are formally accepted by the Town. If any curb depressions are not located correctly with respect to a driveway, the Owner shall construct and curb depression in the correct location and fill in the original curb depression according to the said specifications. 8. SIDEWALKS The Owner agrees to construct a sidewalk on the east side of Sandy Beach Road from a point on the westerly extension of the northerly lot line of Lot 7 to a point on the easterly extension of the northerly limit of Parkham Crescent according to the specifications of the Town in effect at the date hereof and to maintain it until it is formally accepted by the Town. - 6 - PART 2 - SERVICES (Cont'd) 9. UNDERGROUND ELECTRIC DISTRIBUTION & STREET LIGHTING Underground electric distribution services shall be provided for all lots and blocks within the subdivision according to the standards and specifications of the appropriate authority. The Owner shall make such financial arrangements as may be required to ensure the construction of those services. The Owner agrees to pay all costs of installation of street light- ing, including poles and other necessary appurtenances for the lighting of all streets including boundary roads and pedestrian walkways on the Plan. The lighting shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Util- ities Guide to Municipal Standard Con- struction. The installation of all works provided for in this clause shall be con- structed under the supervision and inspec- tion of the aforesaid authority. 10. INSPECTION OF WORK All works required to be constructed by the owner shall be installed under the observation of Inspectors employed by the Town and the owner agrees to pay the costs incurred (Salaries and Expense) therefor within thirty (30) days of invoices being rendered. 11. LIABILITY INSURANCE Before commencing any of the work pro- vided for herein, the owner shall sup- ply 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 on the subdivision. The amount of the said 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 Pol- icy, may pay the renewal premium or premiums and the Owner agrees to pay the cost of such renewal or renewals - 7 - PART 2 SERVICES (Cont'd) 11. LIABILITY INSURANCE (Cont'd) within thirty (30) days of the account therefore being rendered by the Town. It shall be the responsibility of the owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection pro- vided by the Liability Insurance Policy shall not lapse. 12. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing any of the work provided for herein, the owner shall supply the Town with a 100% performance and maintenance security in form satisfactory to the Town and in the amount of $ to guarantee the satisfactory completion of the work and to guarantee the workmanship and materials for a period of two (2) years from the date that the said works are completed and such completion acknow- ledged, in writing, by the Director of Public Works. Such performance and mainten- ance security may, at the option of the Owner, be made up of part bond and part cash, or all cash, or irrevocable letter of credit. The Owner may from time to time, apply for a reduction in the bond, cash or letter of credit and such application shall be made to the Town Manager. Upon written verification of the Director of Public Works that the services for which reduc- tion is being sought have been satisfactorily completed, the Town Manager may reduce the amount of the security to any amount not less than ten per cent (10%) of the original value, which ten per cent por- tion shall apply as the secur- ity for maintenance until the obligation to maintain has expired, when the balance of the security shall be returned to the Owner subject to any deductions for maintenance - 8 - PART 2 - SERVICES (Cont'd) 12. PERFORMANCE & MAINTENANCE GUARANTEE (Cont'd) purposes. (2) Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager shall provide to the Owner any necessary assur- ances to effect the reduction. 13. DRAINAGE - SODDING (1) The Owner agrees to provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the sub- division, with a Grading Con- trol Plan prepared by the Owner's Consulting Engineer, establishing the proposed grad- ing of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the said subdivision. The said Grading Control Plan is to be prepared in accordance with the Town's Lot Drainage spec- ifications in effect at the date of this Agreement and is subject to the approval of the Metropolitan Toronto and Region Conservation Authority. (2) The grading of all lands in the subdivision shall be carried out by the Owner in accordance with such Grading Control Plan under the supervision of the owner's Consulting Engineer. If, in the opinion of the Dir- ector of Public Works, drainage problems occur prior to formal acceptance of the subdivision by the Town, the Owner agrees to correct them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. - 9 - PART 2 - SERVICES (Cont'd) 13. DRAINAGE - SODDING (Cont'd) (3) The Owner agrees to sod the front and side yards and to seed the rear yards of each of the lots except for paved or planted areas, upon the completion of the construction of buildings thereon. 14. INCOMPLETED OR FAULTY WORK If, in the opinion of the Director of Pub- lic Works, the owner is not prosecuting or causing to be prosecuted the work in con- nection 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 neg- lect or refuse to renew or again perform such work as may be rejected by the Direc- tor of Public Works as defective or un- suitable, 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 notification be with- out effect within ten (10) clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority and power immediately to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his sur- ety, or both. In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the owner shall be forthwith notified. The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. It is understood and agreed that such costs shall include a management fee of twenty per cent (208) of the labour and material value, and further, a fee of thirty per cent (308) of the value for the disloca- tion and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby de- - 10 - PART 2 - SERVICES (Cont'd) 14 15. INCOMPLETED OR FAULTY WORK (Cont'd) clared and agreed that the assuming of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. DEDICATIONS The owner shall dedicate as public highway, upon the registration 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: Column I Column II Willowside The Corporation of the Court Town of Pickering 16. TRANSFERS - CONVEYANCES The Owner shall convey free and clear of all encumbrances, at no cost to the Gran- tee, upon the registration of the Plan or within the thirty (30) days immediately following the registration 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: Column I Column II Block 8 The Corporation of the Town of Pickering Block 9 The Corporation of the Town of Pickering - 11 - PART 2 - SERVICES (Cont'd) 17. TRANSFERS - EASEMENTS The Owner shall arrange at no cost to the Town for granting to the Town such ease- ments 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 devel- opment and across lands adjacent to the development but outside its boundaries. Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. The construction of any services in such easement or easements shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. 18. STREET NAMING The owner shall, on the final plan, name the street "Willowside Court". 19. SERVICE CAPACITY This Agreement shall be subject to the owner entering into satisfactory arran- gements 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. - 12 - PART 2 - SERVICES (Cont'd) 20. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave the driveway approaches between the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and the street line. (b) Continuation of Existing Services Where the construction of ser- vices herein involves a contin- uation to existing services, to join into the same, including adjustment of grades where nec- essary, in a good workmanlike manner. (c) Public Lands - Fill & Debris To neither dump nor permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, other than the actual construction of roads in the subdivision with- out the written consent of the authority responsible for such lands. The Owner shall, on request, supply the Town with an acknowledgement from such authority of the owner's com- pliance with the terms of this clause. The Owner fur- ther agrees that there shall be no burning of refuse or debris upon his lands or any public lands. (d) Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quan- titative tests made of any materials which have been or are proposed to be used in the construction of any ser- vices required by this Agree- ment, and the cost of such tests shall be paid by the owner within thirty (30) days of the account being rendered by the Town. - 13 - PART 2 - SERVICES (Cont'd) 20. GENERAL PROVISIONS - SERVICES (Cont'd) (e) Relocation of Services To pay the cost of relocating any existing services and utilities caused by the subdi- vision work within thirty (30) days of the account for same being rendered by the Town. The Owner further agrees to similarly pay the cost of moving any services or util- ities installed under this Agreement in driveways or so close thereto, in the opin- ion of the Director of Public Works, as to interfere with the use of the driveway. (f) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (g) Temporary Signs To provide and erect at its own cost, temporary street signs at locations designated by the Director of Public Works to the specifications of the Town. (h) Permanent Signs To provide and erect at its own cost, permanent street signs at locations designa- ted by the Director of Public Works to the specifications of the Town. (i) Engineering Drawings Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the Engineering Works for the subdivision, with amendments, if any, noted thereon. - 14 - PART 2 - SERVICES (COnt'd) 20. GENERAL PROVISIONS - SERVICES (COnt'd) (j) Snow Plowing & Sanding of Roads If, in the opinion of the Dir- ector of Public Works, the con- dition of the road surface is not acceptable to him for win- ter control, to snow plow and sand such roads from such occupied buildings to existing Town roads or to subdivision roads that receive the Town's winter control service, inclu- ding alternate means of access where available. 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 con- trol. (k) Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found all standard iron bars as shown on the Registered Plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the Registered Plan. - 15 - PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS 21. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) The Owner agrees that no build- ing permit shall be issued for any building or part of a building in the subdivision until sewer and water facili- ties are available, and in the opinion of the Director of Public Works, capable of pro- viding adequate service. (2) The Owner further agrees that no building or part of a build- ing in the subdivision shall be occupied except upon the issu- ance of a municipal occupancy permit. (3) It is agreed that no applica- tion for a municipal occupancy permit for a building or part of a building shall be made except upon the following con- ditions: (i) 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; and (iii) Curbs have been constructed and an asphalt base laid on the road immediately in front of the building or part thereof and both extended to an existing main- tained public road. (4) The owner agrees with the Town that should any building or part thereof in the subdivision be occupied without the prior issuance of a municipal occu- pancy permit, then in that event, the Owner shall be in contravention of subsection (2) of this section and the Owner - 16 - PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) 21. CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) shall pay to the Town, the sum of $1,500 for each building or part thereof so occupied as liquidated damages therefor. The issuance by the Town of municipal occupancy permits for each and every building on any lot or block in the subdivision shall be deemed to be a release from the provisions of this subsec- tion with respect to that lot or block. (5) The owner further covenants and agrees to maintain vehi- cular access to all occupied buildings on the subdivision, until the road is formally assumed by the Town, and fur- ther agrees to obtain similar covenants from any subsequent Owner of any of the lands in the said subdivision. 22. TIME LIMIT FOR CONSTRUCTION The Owner agrees to construct or cause to be constructed six (6) housing units, all of which shall be completed within two (2) years of the date of registration of the Plan. 23. DESIGN PLANNING (a) The Owner agrees that prior to the issuance of the building permit for any residential unit to be erected on any lot in the subdivision, it shall submit architectural and siting plans for that unit to the Town for approval. In determining whether or not such approval is to be granted, the Town may take into ac- count the compatability of the sub- mitted plans with any other such plans submitted for another lot or lots in the subdivision. The owner agrees to engage the services of an architectural firm to prepare such plans and that firm is to be the coordinator throughout the design approval process for that lot. - 17 - 23. PART 3 - CONSTRUCTION 6 OCCUPANCY OF BUILDINGS (Cont'd) SITE PLANNING (Cont'd) (b) The siting quired, at to provide nation: plans may be re- the Town's option, the following infor- (a) street scape for front and rear elevation at a scale acceptable to the Director of Planning; (b) street scape to show all street furniture and vegetation; (c) the relationship of buildings by blocks; and (d) any other data or information re- quired by the Town. 24. LANDSCAPE PLANNING The Owner agrees that prior to the issu- ance of building permits for any of the units to be erected on the lands, it shall submit a landscaping plan for all of the lots and blocks on the plan to the Town for approval. The Owner fur- ther agrees that upon approval by the Town of a landscaping plan, the land- scaping works shown on the plan shall be constructed, installed or planted, as the case may be, in conformance with the landscaping plan according to the time limits set out in Schedule "A". - 18 - PART 4 - FINANCIAL MATTERS 25. FINANCIAL PAYMENTS The Owner agrees to pay to the Town, the sum of $1,500 for each dwelling unit for which a building permit is received. No building permit shall be issued for any dwelling unit unless payment of the $1,500 per unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. Payments of such levies shall be made to the Town from time to time as building permits are required. In any event, the Owner shall pay all levies due under the provisions of this para- graph in full, no later than eighteen (18) months from the date of registra- tion of the Plan. 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. 26. LETTER OF CREDIT The Owner shall, immediately prior to the registration of the Plan, deposit with the Town, an irrevocable bank letter of credit payable to the Town, in a form satisfactory to the Town, for the sum of $9,000 as security for: (a) the payments referred to in section 25 hereof, and (b) the payment of liquidated damages referred to in subsection (4) of section 21 hereof. 27. 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 Subdi- vision, as required by law from time to time. - 19 - PART 4 - FINANCIAL MATTERS (Cont'd) 27. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd) (b) Local Improvements Prior to the release of the Plan for registration, to prepay any outstanding local improvement charges which are levied against any of the lands on the said Plan of Subdivision. (c) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (d) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the Plan of Subdivision or any other related documentation inclu- ding transfers, in the Land Titles office. (e) Lien or other Claims Upon applying for final acceptance of the subdivi- sion, to supply the Town with a Statutory Declara- tion that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in con- nection with such work done or material supplied for or on behalf of the Owner in connection with the subdivision or if such claims do exist, the owner agrees to indemnify the Town against any claims, actions or demands for mechanics' liens or other- wise and all costs in con- nection therewith. - 20 - PART 4 - FINANCIAL MATTERS (Cont'd) 28. EXPIRY OF SECURITIES The Owner further agrees that should any letter of credit or bond required to be given under the terms of this Agreement expire during the currency of the Agree- ment, the owner shall provide to the Town at least thirty (30) days in advance of the expiry date of that letter of credit or bond, a further letter of cred- it or bond, as the case may be, to take effect upon the expiry. Such further letter of credit or bond shall be to the satisfaction of the Town. Should no such further letter of credit or bond be provided as required, then the Town shall have the right to convert the expiring letter of credit or bond into cash and hold the cash in lieu of and for the same purposes as any further letter of credit or bond. 29. TERMINATION OF LEVY/OCCUPANCY SECURITY (1) The letter of credit required to be deposited with the Town pursuant to the provisions of section 26, above, may only be terminated or cancelled by the owner after the Municipal Occupancy Permit for the last building or part thereof to be constructed on these lands has been issued by the Town. (2) Notwithstanding the provisions of subsection 1, the Owner may, from time to time, apply to the Town Manager for a reduc- tion in the amount of the letter of credit referred to in subsection 1, as municipal Occupancy Permits are issued. - 21 - PART 5 - PARKS & TREES 30. 31. DEDICATION OF PARKLAND - CASH IN LIEU THEREOF The Owner shall pay to the Town, prior to the registration of the Final Plan herein, the sum of $3,675 by cash or certified cheque in lieu of the dedication of park- land and the Town hereby agrees such sum in full satisfaction o Owner's obligation to dedicate as a condition of the approval Plan. FENCING to accept f the parkland of this The owner shall erect, upon the completion of final lot grading and seeding or sod- ding the lands in the subdivision, a perm- anent fence of nine (9) gauge, galvanized, steel link fencing, 1.5 metres high, hav- ing minimum 0.05 metre mesh, along the eiitire Luuiiaaly uZ 111C bLLldJivi`iui,, CxuepL (a) those portions of the bound- ary that cross a dedicated public road, (b) the northerly boundary of Lots 5, 6 and 7, and (c) the westerly boundary of Lots I and 7. 32. DRAINAGE ONTO OPEN SPACE/PARKLAND The owner shall ensure that the lands within the subdivision do not drain surface run-off water onto Town-owned parkland, open space or walkways. 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) metres from the property line, suitable swales and catch basins to adequately manage, in the opinion of the Director of Parks and Renre- ation, all surface run-off water, draining onto the parkland, open space or walkways from the lands within the subdivision. - 22 - PART 5 - PARKS & TREES (Cont'd) 33. TREE PLANTING (a) The Owner shall plant on the lands, trees of a size, num- ber and type acceptable to the Town. A schedule of the Owner's tree planting scheme shall be approved by the Dir- ector of Parks and Recreation prior to the planting of any trees. A list of acceptable tree species and sizes will be provided. (b) 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. (c) (i) The Owner shall provide at least one (1) tree per residential unit in the subdivi- sion. (ii) Where the density is too great to enable this quota to be met, the Owner shall pro- vide $35 per unit for tree planting in a public land area within the community in which the Plan is loca- ted. 34. TREE PRESERVATION The Owner agrees to retain, at its own ex- pense, a qualified expert in order to determine which of the existing trees shall be preserved. The aforementioned qualified expert shall prepare a Tree Pres- ervation Program, which Program shall be submitted to the Director of Parks and Recreation and shall not be put into effect until it has received the approval of the Director of Parks and Recreation. In determining whether or not to approve the Tree Preservation Program, the Director shall be governed by the Town Tree Preser- vation guidelines in effect as at the date hereof. - 23 - PART 6 - GENERAL REQUIREMENTS 35. The Owner agrees with the Town: (a) Licence to Enter To retain a licence from any subsequent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. (b) Cancellation of Agreement In the event the Plan of Sub- division is not registered on or before September 27th, 1980, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void. (c) Notice Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post office. 36. Wherever in this Agreement the word "Owner" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners" and "his", "her" or "their", respectively, and the number of the verb agreeing therewith shall be construed accordingly. 37. The provisions in Schedules "A" and "B" attached hereto shall form part of this Agreement. 38. Time shall be of the essence of this Agree- ment. - 24 - PART 6 - CENERAL REQLIRLMLNTS (cont'd) 39. This Agreement and everything herein con- tained shall enure to the benefit of and be binding upon the Parties hereto, their respective heirs, administrators, succes- sors and assigns. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED AND DELIVERED WILLOWRIDGE CONSTRUCTION LIMITLD Per: Per: THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk SCHEDULE "A" TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Save as herein otherwise provided, the owner agrees to complete the works required under this Agreement within the time limits spec- ified 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 Works. Any work 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 Services the registration of the Final Plan of Subdivision (b) Aboveground Two years from the date of Services the registration of the final Plan of Subdivision SCHEDULE "B" 1. INDUSTRIAL/COMMERCIAL COMPONENT (1) The Owner shall construct within the Town of Pickering, industrial or com- mercial buildings having a total floor area of not less than 558 square metres, and based on the Town's 40 (industrial) - 60 (residential) ratio, shall be en- titled thereby to 6 credits upon which the same number of residential build- ing unit permits may be issued. (2) The required industrial or commercial buildings shall be completed on or before the 31st day of December, 1982. (3) If, on the 1st day of January, 1983, the required industrial or commercial buildings have not been constructed, then, (a) the Owner shall pay to the Town the sum of $9,000 in lieu of constructing the required indus- trial or commercial buildings; or (b) commencing in 1983, the Owner shall pay annually to the Town on the 15th day of January in each year, liquidated damages in the amount of $350 for every 93 square metres or part thereof of the required indus- trial or commercial buildings not constructed on each January 1st. (4) The owner shall leave deposited with the Town, its performance guarantee in the amount of $9,000 to guarantee the satisfactory completion of the required industrial or commercial buildings on or before the 31st day of December, 1982, and to secure the payment under subsection 3(a) or the payment of any liquidated damages that may become payable under subsec- tion 3(b). 2. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") (1) Prior to the initiation of any grad- ing or construction on the site, the Owner shall erect a snow fence or other suitable barrier along the boundary of the subdivision adjacent to Lots 1, 2, 3, 4 and 5, which fence or barrier shall be maintained at the Owner's expense, in place until all grading and construction is completed. SCHEDULE "B" (Cont'd) 2. 3. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") (Cont'd) (2) Any site plan required by section 23 and any grading control plan required by section 13 shall be subject to the approval of M.T.R.C.A., insofar as any such plan relates to Lots 1-7, inclusive. (3) The owner shall not require a building permit to be issued for any of the lots referred to in subsection (2) until M.T.R.C.A. approval is granted to the plans referred to in subsection (2). MINISTRY OF NATURAL RESOURCES ("M.N.R.") (1) Prior to the registration of this Plan, the owner shall, (a) prepare a detailed engineering report, acceptable to M.T.R.C.A. and the Maple District Office of M.N.R., describing, (i) the storm water management techniques limiting the amount of warm, silt laden or chemically altered storm water entering the abutting watercourse, in- tended to be employed to minimize the storm water directed into the abutting watercourse, and (ii) the development and con- struction techniques and safeguards intended to be used to control and mini- mize the effects of erosion and siltation on the lands in the Plan prior to, dur- ing and after the construc- tion period, and (b) carry out, or cause to be carried out, any works recommended in the report referred to in clause (a) and approved by M.T.R.C.A., M.N.R. and the Town. (2) The Town shall not be liable for any costs whatsoever of the preparation or evaluation of the report referred to in subsection 1, nor of the carrying out of works resulting therefrom, and the Owner hereby agrees to indemnify the Town in this respect. SCHEDULE "B" (Cont'd) 4. PERFORMANCE & MAINTENANCE GUARANTEE For the purposes of sections 12 and 14 of this Agreement, and without otherwise limiting the generality thereof, the term "work provided for herein" shall be deemed to exclude works required to be carried out pursuant to sections 2 or 3 of this Schedule unless such works are also re- quired under a section in the Agreement other than sections 2 and 3 of this Schedule. 5. ADJACENT ZONING DESIGNATIONS (1) The Owner agrees to include a provision in each agreement of purchase and sale between it and a proposed purchaser of any residential unit constructed or to be constructed after the date of this Agreement clearly informing the proposed purchaser of the existing zoning de- signations, under By-law 2511, as amended, or any successor thereto, of all those lands being within 180 metres (approx- imately 600 feet) of the northerly, easterly and southerly boundaries of the plan of subdivision. (2) The owner shall provide to the Town a copy of each agreement referred to in subsection (1), above, within 10 days of the entering into of same. (3) This section shall not apply to any agree- ment of purchase and sale entered into prior to the date of this Agreement. rroHH Fl. -3 0 Co FE X' C) 0 HM 0 n 7.0 v F+• N• 1-h LQ LQ L ro N N• rt 0 00 Y. 0 Z rt F1 a o F+- rso?:s r•0 Lo o P n M X z H H M t?] n O z ro 00 ro? ro H H H 0 O xz t1] w O H ti z n H x tsi H O IN 'J a. w H r r 0 H H ? H ? H0 t'i o t7 N H r, cl 0 H H O X 0 H N U G a 0 fh r co 0 THE CORPOPI,TI:ON OF THE ''T'OWN OF PICYERING BY-LAW NO. 1105 /80 Being a By-Law to authorize the execution of a Subdivision Agreement between Willowridge Construction Limited and the Corporation of the Town of Pickering respecting the develop- ment of part of Lot 20, Range 3, Broken Front Concession (draft- Plan 1&T-76065 South Portion). WHEREAS Willol,;ridge Construction Limited have proposed a Plan of Subdivision for certain lands within the Town of Pickering; AND WHEREAS the Council of the Corporation of the Town of Pickering and the Minister of Ilousi.ng have approved of the said proposal, subject to certain conditions, one of which requires the proposers to enter into a Subdivision Agreement with the Corporation pursuant to the provisions of subsection 6 of section 33 of The Planning Act, R.S.O. 1970, c. 349, as amended; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICRF.RING IIERE13Y 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 Willowridge Construction Limited and the (`nrnnra f-i rim of i_hn nec.., n? n; C11crin .,-_ __. the oubrlivision of Part of Lot 20, Range 3, Broken Front Concession (Draft Plan of Subdivision Number 18T-78085, South Portion). BY-LAW read a first, second and third time and finally passed this 17th day of March , 1980. Mayor f , er ij i?