HomeMy WebLinkAboutBy-law 774/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.774 78
Being a By-Law to authorize the execution
of a Subdivision Agreement between The
Corporation of the Town of Pickering and
Pickering Nursery School Limited respect-
ing Part Lot 31, Plan 509.
WHEREAS by Resolution No. 94/75 (Item 5) passed by the Council
of the Corporation of the Town of Pickering on June 16th, 1975,
Draft Plan of Subdivision 18T-74281, respecting lands and premises
being part of Lot 31, Plan 509, was approved subject to certain
conditions, one of which being that a satisfactory Subdivision
Agreement be entered into between the Town and the Owner;
AND WHEREAS the Town and Pickering Nursery School Limited, the
Owner, have negotiated a satisfactory Subdivision Agreement pursuant
thereto;
NOW THEREFORE the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Sub-
division Agreement in the form attached hereto as Schedule
"I" to this By-Law, between the Corporation of the Town of
Pickering and Pickering Nursery School Limited respecting
Part Lot 31, Plan 509 (Draft Plan of Subdivision 18T-74281).
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
Sixth DAY OF March 1 1978.
SCHEDULE "I"
6 yI-a w Z7¢17r
T[SIS AGR]EMENT made this day of
B E T W E E N
PICKERING NURSERY SCHOOL LIMITED
hereinafter called the "OWNER"
OF TILE FIRST PART
- and -
, 1977
THE CORPORATION OF TIIE TOWN OF PICKERING
hereinafter called the "TOWN"
OF THE SECOND PART
WIiEREAS the Owner proposes to subdivide and register
a plan of subdivision of part of Lot 31, according to
Registered Plan 509
of the Town of Pickering as
shown on a proposed plan of subdivision prepared by
V. Raiend, O.L.S.
December
1974.
dated the 12th day of
NOW THEREFORE THIS AGREEMENT WITNESSETH that in con-
sideration of the Town approving the said proposed plan of
subdivision, the covenants hereinafter expressed, the parties
hereto covenant and agree one with the other as follows:
1. SCOPE OF AGREEMENT
The Owner agrees to complete at his own expense 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.
2. CONSULTING ENGINEI3RS
The Owner agrees to retain a Professional Engineer
as the Consulting End.i_necr of the Owner Co carr_, out all the
necessary enginecrinq and generally supervise the work required
to be done for the development of the subdivision. Such
Consulting Engineer or a successor thereto, shall continue to
be retained until the work provided for in this Agreement is
completed and formally accepted by the Town.
3. STORM DITCHES
The Owner agrees to construct adequate storm ditches
along all existing roads adjacent to the said plan of subdivi-
sion, 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. The Owner further agrees to construct
driveway entrances with culverts in the correct location to
serve each lot, according to the Town's specifications therefor
and to the satisfaction of the Director of Public Works.
4. UNDERGROUND ELECTRIC DISTRIBUTION
AND
STREET LIGHTING
Underground electric distribution services shall be
provided for all lots and blocks within the subdivision, according
to the standards and specifications approved by Ontario Hydro.
The Owner shall make such financial arrangements as may be
necessary with the Town and Ontario Hydro to cover this service.
The installation of all works provided for in this clause shall
be constructed by Ontario Hydro or its agents.
5. 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 ten days of their being
rendered.
6. FINANCIAL PAYMENTS
The Owner agrees to pay to the Town the following
amounts:
a) The sum of $1,250.00 for each dwelling unit for which a
building permit is received. 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
$5,000.00 as security for such payments.
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Notwithstanding the foregoing no building permits shall be
issued for any dwelling units unless payment of the $1,250.00
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. The owner shall
pay all levies due under the provisions of this section in
full, no later than 3 years from the date of registration of
the plan.
b) The sum of $10,000.00, being $2,500.00 per lot, as a con-
tribution towards the cost to the Town of the provision at
a time in the future to be determined by the Town in its
sole discretion of
(i) storm sewers,
(ii) road improvements,
(iii) curbs and gutters,
(iv) sidewalks,
(v) signs and
(vi) boulevard trees,
which sum shall be payable prior to the registration of
this agreement.
7. LIABILITY INSURANCE
Before commencing any of the work provided for herein,
the Owner shall supply the Town Manager 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. 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 agrees to pay the cost of such
renewal or renewals within ten (10) days of the account therefor
being rendered by the Town. It shall be the responsibility of
the Owner to notify the Town of the dates for the renewal of
the premium of the said policy and to supply proof that the
premium has been paid in order that the guarantee provided by
the Liability Insurance Policy shall not lapse.
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S. PERFORMANCE AND biIINTENANCE GUARANTEE
Before commencing any of the work provided for herein,
the Owner shall supply the Town with a 100. Performance and
Maintenance Bond in form satisfactory to the Town and in an amount
determined by the Town of Pickering, sufficient to guarantee the
satisfactory completion of the work and to guarantee the workman-
ship 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. Such Performance and Maintenance Guarantee may
alternatively be made up of part bond and part cash, or letter of
credit as may be agreed upon. 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
and such reduction may be granted by Council upon written
verification of the Director of Public Works that the services for
which reduction is being sought have been satisfactorily completed.
9. CONSTRUCTION AND OCCUPANCY OF BUILDING
The Owner agrees that no building permit shall be
issued for any building in the subdivision until sanitary sewer
and water facilities are constructed and installed in accordance
with this Agreement and until such facilities are connected to
existing facilities that are in operation and in the opinion of
the Director of Public Works, capable of providing adequate
service. The owner further agrees that no building in the sub-
division shall be occupied except on the following conditions:
1. A municipal occupancy permit
has been issued.
2. Electric service construction is
completed and in operation.
3. Driveways, storm ditches and culverts
have been constructed and approved.
10. DRAINAGE - SODDING
The Owner agrees to provide the Town prior to the
commencement of the development of the subdivision, with a
Grading Control Plan prepared by the owner's Consulting
Engineer establishing the proposed grading of the lands to
provide for the proper drainage thereof and the drainage of
all 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 Specifications in effect at the
date of this Agreement. The grading of the lands shall be
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carried out in accordance with such Grading Control Plan under
the supervision of the Owner's Consulting Engineer. If, in the
opinion of the Director of Public Works, drainage problems occur
prior to formal acceptance of the subdivision by the Town, the
Owner agrees to correct them by regrading or by the construction
of catch basins, swales or other structures as may be necessary
to correct such problems. The Owner agrees to sod the front,
side and rear yards of each of the lots or blocks except for
pava9or planted areas, upon the completion of the construction
of buildings thereon.
11. 1'I611' LIMIT FOR WORT: AND
GUARANTEE FOR WORKMANSHIP AND MATERIALS
Save as herein otherwise provided, the Owner agrees
to complete the work required under this Agreement within the
time limits specified in the Schedule attached hereto as Schedule
"A" 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 Schedule "A" shall be
completed within the time limit provided for therein for side-
walks, curbs and roads.
12. TIME, LIMIT FOR CONSTRUCTION OF hOMF;S
The Owner agrees to construct or cause to be constructed
4 housing units which shall be completed within two (2) years of
the date of registration of the final plan.
13. INCOMPLETED OR FAULTY [dORK
If, in the opinion of the Director of Public Works,
the Owner is not prosecuting or causing to the 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
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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 notification be without effect within seven (7)
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 surety, or both. In cases of emergency, in the opinion
of the Director of Public works, such work may be done without
prior notice but the Owner shall be forthwith notified. The cost
of such work shall be calculated by the Director of Public works
whose decision shall be final. It is understood and agreed that
such costs shall include a management fee of twenty per cent (20%)
of the labour and material value, and further, a fee of thirty
per cent (301) 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.
14. GENERAL PROVISIONS
The Owner agrees with the Town:
a) Paving of Driveway Approaches
To pave the driveway approaches between the paved portion
of the adjacent public road and the lot line.
b) Ontario Nyd ro Hights-or-Ka
In the event that a right-of-way of a railway or of
Ontario hydro passes through or is immediately
adjacent to the lands herein, to fence such right-of-
way on both sides, or the adjacent side thereof, as the
case may be, prior to developing the adjacent lands.
The fence is to be of construction and design as may be
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approved by the 'town.
c) fencing
To construct a chain link fence to heights specified by
the Town along the portions of property lines of residential
lands abutting lands designated for some other use as
directed by the Director of Public Works.
d) Continuation of Existinq Services
Where the construction of services herein involves a
continuation of existing services, to join into the same,
including adjustment to grades where necessary in a good
workmanlike manner.
e) Public Lands - Pill and 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 without 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 compliance with the terms of
this clause.
The owner further agrees that there shall be no burning
of refuse or debris upon his lands or any public lands.
f) 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 ten (10) days of
the account being rendered by the Town.
g) Relocation of Services
To pay the cost of relocating any existing services and
utilities caused by the subdivision work within ten (10)
days of the account for same being rendered by the Town.
The Owner further arjrecs to similarly hay the cost of
moving any services or utilities installed under this
Agreement in driveways or so close thereto, in tho opinion
of the Director of Public Works, as to interfere with the
use of the driveway.
h) Pedestrian Walkways
Where the Town requires a pedestrian walkway, to construct
it according to plans and specifications approved by the
Director of Public Works.
i) Taxes
To pay the taxes in full on all the lands included in the
said plan of subdivision, as required from time to time.
j) 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.
k) Specifications
Unless otherwise provided, to perform any work required to
be done under this Agreement to the specifications of the
Town.
1) 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.
m) 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 clams for liens or otherwise in
connection 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 otherwise and all costs in connection therewith.
n) Engineering Drawings
Prior to the final acceptance of the subdivision to supply
the Town with the original linens of the Engineering Drawings
for the subdivision work, with amendments, if any, noted
thereon.
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o) Survey Monuments and 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.
p) Interest
Interest at the rate of fourteen per cent (140) per annum
shall be payable by the Owner to the Town on all sums of
money payable herein which are not paid on the due dates
calculated from such due dates.
q) Registration Pees
The Owner agrees to pay all registration costs incurred by
the Town relating in anyway to the registration of the Plan
of Subdivision in the Land Titles Office.
r) Cancellation of Agreement
In the event the plan of subdivision is not registered
within one year from the date hereof, the Town may, at its
option on one month's notice to the owner, declare this
Agreement to be null and void.
s) 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 date of the deposit thereof in the Post Office.
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, as the
number and gender may require and the number of the verb agreeing
therewith shall be construed accordingly.
The provisions in Schedules "A" and "B" attached
hereto shall form part of this Agreement.
Time shall be of the essence of this Agreement.
This Agreement and everything herein contained shall
enure to the benefit of and be binding upon the parties
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hereto, their successors 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 AND DELIVERED
PICKERING NURSERY SCHOOL LIMITED
Per:
Per:
THE CORPORATION OF THE TOWN
OF PICFGRING
Clerk
SC(11',DULP; "n"
TIME LIMITS
The time limits for the completion of the works
herein shall be:
a) With respect to underground services - one year
from the date of registration of the final
plan of subdivision;
b) [^dith respect to above ground services - two years
from the date of the registration of the plan of
subdivision.
1. The owner shall arrange at no cost to the Town for
granting to the Town such easements as the Director of Public
Works or his designate shall deem necessary for the provision
of storm sewer services both within the boundaries of the
development 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.
2. The amount of the Liability Insurance Policy required
in clause 7 of this Agreement shall be $1,000,000.00.
3. The amount of Performance and Maintenance Guarantee
as required in Clause S of this Agreement shall be $20,000.00.
4. The Owner shall pay to the Town on or before the
registration of this Agreement the sum of $ 2,450.00 by
certified cheque and such payment shall relieve the owner of
any contribution of land for park purposes.
5. The Owner agrees that prior to the issuance of
building permits for any of the units to be erected on the
lands it shall submit architectural and siting plans for all
of the units to the Town for approval. The Owner agrees to
engage the services of only one Architect to co-ordinate the
design for all units and that architect is to be the co-
ordinator throughout the design approval process.
The siting plans shall provide the following
information:
a) streetscape for front and rear elevation at a
scale of 1/4" to 1 foot;
b) streetscape to show all street furniture and
vegetation;
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SCUI',DU1J' "W" (Cun LJnuod)
C) any other date or information required by the Town
including but not necessarily limited to types and
colours of exterior materials, and streetscapes of
existing homes outside the subdivision which front
the subdivision.
6. a) The Owner shall construct within the Town of Pickering
industrial/commercial buildings having a total floor
ar.ca of not less than 4 ,000 square feet and that
based on the Town's 40 (industrial/commercial) -
60 (residential) ratio, the owner is entitled to
4 credits upon which the same number of building
permits may be issued in accordance with the terms
of this Agreement.
b) The required industrial /conmiercial huildings shall
be completed within the two years immediately
following the registration of the final plan of
subdivision herein, or on or before the 31st day of
December, 1979, -whichever shall first occur.
c) if, at the end of the year 1979, the required
industrial/commercial buildings have not been
constructed, then commencing in 1980, the Owner shall
pay annually an amount equal to the amount of taxes
calculated in accordance with the assessment and
tax rate of the Town in effect at the time of default
and as adjusted from time to time, as if the required
industrial/commercial buildings had in fact been
constructed, as liquidated damages.
d) The Owner shall leave deposited with the Town its
Performance and Maintenance Guarantee in the amount
of $ 4,000.00 to guarantee the satisfactory completion
of the required industrial/cormercial buildings on or
before the 31st day of December, 1979.
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SCHEDULE "D" (Continued)
7. In lieu of the provision of industrial/commercial
buildings as required in section 6, above, the Owner may pay
to the Town the sum of $6,000.00, for which the Owner will be
entitled to 4 credits upon which the same number of building
permits may be issued in accordance with the terms of this
Agreement.
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