BYLAW - Agreement With Westview Golf - 19760712 - 209276J 1/'f "' ~,, ''I; ~~~---------r~----~------~
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! .WESTVIEW GO.LF HOLDINGS LTD.
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WESTVIEW ESTATES
ESTIMATE OF COST TO COMPLETE SUBDIVISION
1. Granular Materials $ 4,000.
9,600. 2. Asphalt 2" HL3
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TOWN OF AURORA
WESTVIEW GOLF
HOLDINGS LIMITED
WESTVIEW ESTATES
PART OF LOT 14, CONC 3
(FORMER TOWNSHIP OF WHITCHUR~HJ
REGIONAL MUNICIPALITY OF YORK
WESTVIEW DRIVE
Schedule 'D'
To Subdivision Agreement
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BY-LAW 2092-76
OF THE MUNICIPAL CORPORATION OF THE
TOWN OF AURORA
A BY-LAW TO AUTHORIZE THE ENTERING INTO AN AGREEMENT WITH
WESTVIEW GOLF HOLDINGS LIMITED
The Municipal Council of the Corporation of the Town of
Aurora enacts as follows:
1. That the Agreement made between The Municipal Corporation
of the Town of Aurora and Westview Golf Holdings Limited,
now before this Council, be and is hereby approved.
2. That the Mayor and Clerk are herepy authorized and directed
to sign and to attach,,:,. the Corporate Seal to the said
agreement.
READ A FIRST AND SECOND TIME THIS 12 DAY OF July 1976.
~~£_£_
MAYOR ;]+
CLERK
READ A THIRD TIME AND FINALLY PASSED THIS 12 DAY OF July 1976.
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I II THIS AGREEMENT made in quadruplicate this
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12th day of July
A.D. 1976.
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B E T W E E N:
WESTVIEW GOLF HOLDINGS LTD.
(hereinafter called the "Owner")
OF THE FIRST PART
-and -
THE CORPORATION OF THE TOWN
OF AURORA
(hereinafter called the "Town")
OF THE SECOND PART
WHEREAS the lands affected by this Agreement are shown and•'described
lj on Schedule "A" attached hereto and are reported to be approximately 26.07 acres;
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AND WHEREAS the Owner purports to be the owner of the said lands described
in Schedule "A", and for which application has been made to the Ministry of Housi[lg,
hereinafter called "the Ministry", for approvalc;of a plan of subdivision, hereinafter
referred to as the "Plan", of the said lands for the purpose of registering same;
AND WHEREAS the Town has recommended to the Ministry that the Owner
shall be required to construct certain public services, hereinafter referred to,
to service such Plan and to undertake to make such financial arrangements with
the Town for the installation and construction of the said services before
obtaining the approval of the said Plan by the Ministry;
AND WHEREAS the Owner is required by the Town to grant certain lands
referred to herein for Municipal purposes:
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of other
valuable consideration and the sum of Two ($2.00) Dollars of lawful money of
Canada, now paid by the Town to the Owner (the receipt whereof is hereby
acknowledged) the Owner hereby covenants, promises and agrees with the Town as
follows:
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PUBLIC SERVICES
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(a) On all streets laid out in the Plan attached hereto as Schedule "A",
and following approval of the Plan by the Ministry, there: shall' he constructed and
installed by the Owner its assigns and successors in title, the'public services
described in Schedule "D" hereto with the estimated cost thereof listed in Schedule
"D" hereto, specifications of which are attached hereto as Schedule "E", and all
such services shall be constructed to completion with the exception of the final
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coat of asphalt within 30 months of the date of registration of the Plan of
Subdivision.
(b) All of the public services, hereinafter referred to as the
"Works" shall be installed in accordance with the specifications as set out in
said Schedule "E" and all such installations will be made throughout under the
supervision of the Town Engineer. The charges for engineering supervision shall
be borne by the Owner at a rate of 2% (two percent) of the total cost of the
works outstanding to be constructed by the Owner pursuant to the terms of this
Agreement, and the account or accounts for engineering supervision shall be paid
within thirty (30) days after the rendering of same. Inspection services will be
performed by the Engineer at his discretion, whenever any construction is being
performed in the Subdivision.
2. GRADES; DRAINAGE AND SITE PLANS
THE OWNER FURTHER AGREES WITH THE TOWN:
(a) Before commencing any grading or construction on any lot or block,
to have prepared a detailed report, drawings, and site plans (acceptable to the
Land Use Co-ordination Branch of the Ministry of Natural Resources and the South
Lake Simcoe Conservation Authority) which will show:
(i) the location of all buildings and structures on the site and
all final grades, vegetation and landscaping;
(ii) the means whereby storm drainage will be accommodated, including
channel, pipe and culvert sizes, outfalls, and any necessary
erosion and siltation control procedures; and
(iii) the means whereby erosion, siltation and their effects will be
contained and minimized on the site both during and after the
construction period:
(b) Before commencing construction of any roads or services, to have
prepared a detailed report, drawings and plans (acceptable to the Land Use Co-
ordination Branch of the Ministry of National Resources and the South Simcoe
Conservation authority) which will show:
(i) all final grades of such roads.
(ii) the means whereby storm drainage will be accommodated, including
channel, pipe and culvert sizes, outfalls, and any necessary
erosion and siltation control procedures.
(c) to carry out or cause to be carried out, the works recommended in
the reports described in sub-paragraph (a) and (b) of this paragraph 2.
(d) to obtain all necessary undertakings, in the form of binding
11 agreements registered on title, from all subsequent owners to comply with
jJ sub-paragraphs (a) to (c) inclusive of this paragraph 2.
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(e) The Owner shall stake out each lot to meet the requirements of
the Department of the Attorney General for Registration of a plan of subdivision.
Prior to the acceptance by the Town of the said public services, the Owner shall
,:
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furnish the Town Engineer with a statement by a registered Ontario Land
Surveyor that he has found and/or replaced all standard iron bars as shown
on the registered plan at a date not earlier than the completion of consturction.
Each lot shall be numbered on the ground according to final street plans and
each number shall be kept in place until occupancy of the house.
3. CLEARANCE OF BUILDING LOTS
I THE OWNER FURTHER AGREES WITH THE TOWN that buildings to be erected
I on the said lands covered by or included in the said Plan of Subdivision shall
I be erected to conform to building levels approved by the Town Engineer or
Building
building
' Inspector before the building operations are tommenced. The said
I levels will conform to the grades and elevations indicated on the
required by this Agreement.
4. DRAINAGE WORK AND EASEMENTS
(a) THE OWNER AGREES to grant to the Town free of charge and
encumbrance, easements across the lands herein described to provide for any
drainage work that may be required to furnish an outlet for natural water
courses if any across the said property, said easements to be indicated and
specified by the Town Engineer to the Owner prior to the easement agreement
Plans
which may be required by the Town. The Owner further agrees to convey to the
Town or the Regional Municipality of York the one foot reserves described in the
conditions to draft approval from the Ministry. The conveyance of such easements
and one foot reserves to be in a form approved by the Town or the Region as the
case may be.
'(b) The Owner further agrees to indicate on said plans any known
existing tile drainage system.
5. PAYMENT OF TAXES
(a) THE OWNER AGREES to pay all arrears of taxes outstanding
against the property hereinbefore described before approval of the said Plan is
obtained.
(b) THE OWNER further undertakes and agrees to pay all taxes levied
or to be levied on the said lands or any part or parts thereof on the basis of and
in accordance with the assessment and collector's roll entries until such time as
the lands herein being subdivided have been assessed and entered on the collector's
roll according to the registered plan and have been sold by the Owner.
6. FINANCIAL ARRANGEMENTS
(a) Before any building permits are issued, the Owner shall deposit
with the Clerk of the Town a Performance Bond·'.or Bonds issued by a registered Surety .. ,
Company or Companies or an irrevocable letter of credit from a Canadian chartered bankllj
approved by Council, and such Bond or letter of credit to be guaranteed by the Owner. I
The Bond or letter of credit is to be in the amount of Fifty per cent (50%) of the II
estimated total costs of the outstanding Works. The Council shall reduce the
performance bond from time to time at the request of the Owner, upon the Owner
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furnishing Engineers' certificates showing the stage of completion of the Works,
provided that such reductions do not decrease the said Bond or letter of credit
below the value of Ten percent (10%) of the cost of all the Works. In exchange
for the release by the Town of the said Bond or letter of credit, the Owner shall
provide the Town with a maintenance bond approved by the Clerk for an amount to
be determined by the Town Council, but not to exceed $20,000.00 to cover the period
of maintenance as set out in paragraph 8 hereof.
(b) THE OWNER FURTHER COVENANTS AND AGREES that upon issuance of
each building permit for a single family dwelling he will pay to the Town the sum
of $700.00, Seven Hundred Dollars, the said sum to be a charge on the lands
described in Schedule "A". The Owner shall be entitled to an effective release
upon payment of the cost therefor, at the time of application for a permit::for each
lot in a form suitable for registration which releases shall by signed by the Mayor
and Clerk or Deputy Clerk, and shall operate, subject to subclause (c) of this
paragraph as a discharge of all claims of the Town in respect to the parcel of
land described in the release, but shall not operate to discharge the Owner from
performance of all other agreements and covenants in this Agreement.
( c) The issuance of building permits for each lot shall be subject
to the condition that any residence when erected on any such lot shall not be
occupied by any person until the easements herein mentioned have been granted to
the Town and until gravel roads, individual water supply in operation and septic
tanks have been installed and/or constructed to serve the lot for which occupancy
is requested in accordance with terms and provisions of this Agreement, and any
such release and/or building permits shall contain the wording "Subject, however,
to the restriction that any residence constructed or to be constructed shall not
be occupied until there has been furnished to the Owner a certificate signed by
the Town Engineer that the public services have been installed and constructed in
accordance with the terms and provisions of the Subdivision Agreement and from the
Building Inspector that the dwelling is habitable."
(d) The Owner shall lodge with the Town forthwith an insurance
policy with an Insurance Company satisfactory to the Town to insure for the Joint
benefit of the Owner and the Town against any liability that may arise out of the
construction or installation of any work to be performed pursuant to this Agreement,
which policy shall not be terminated until the end of the maintenance period as
herein defined. The policy shall have no exclusions for blasting and must contain
a "completed operations" clause. The Owner shall prove to the satisfaction of the
Town, from time to time as the Town Engineer may require, that all premiums on such
policy or policies of insurance have been paid and that the insurance is in full
force and effect.
7. (a) The Owner covenants and agrees to construct or cause to be
constructed residential units having·a minimum living area of 2,000 square feet.
A garage will either be constructed on every lot or the main building will be so sitedji
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to provide space for the future siting of a garage in accordance with the
requirements of the zoning by-law.
(b) Iss~ance of building permits shall be contingent upon
the Building Inspector being satisfied that the conditions of this paragraph
and all by-laws of the Town are being complied with.
8. MAINTENANCE
(a) THE OWNER COVENANTS AND AGREES to maintain and keep in a
proper state pf repair all roads and access culverts for a period of 12
months from the date the Town Engineer has given his original acceptance to
the same.
(b) The Town will accept the roads for the maintenance period
when the asphalt has been placed to the satisfaction of the Town Engineer,
who shall within thirty (30)days from the completion of the asphalt work,
in writing and access culverts for the maintenance period.
(c) Prior to its acceptance of the roads to be constructed
hereunder, the Town may at its discretion from time to time remove snow and
ice from the said roads but such acts of snow and ice removal shall not be
deemed to be acts of acceptance of the roads by the Town, it being clearly
understood by the parties hereto that none of the services to be constructed
under this Agreement will be accepted until a clearance certificate has been
issued by the Town Engineer as set out hereunder.
9. PUBLIC LIABILITY
The Owner covenants and agrees to indemnify and save harmless the
Town from any liability to third parties arising from acts required to be
done by the Owner under the terms of this agreement or any subsequent
Agreement.
10. CLEARANCE CERTIFICATE
(a) Upon the completion of the said services and payments
of all accounts therefor, the Engineer for the Owner shall sul)mit his
certificate of such completion and the Town Engineer will issue to the
Owner a Certificate stating that the said services shown in Schedule "D"
have been constructed and installed according to the Town specifications,
standards and requirements contained in this Agreement, and that all grades
and levels have been established to the satisfaction of the Town Engineer,
provided that such certificate shall not be withheld by reason of any
alteration of grade, by any person other than
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the Owner on lands not in the ownership of the Owner.
Upon the said Certificate being issued, the ownership of the
services shall vest in the Town, and the Owner shall have no claims or rights
thereto, other than those accruing to it as an Owner of land abutting on streets
in which the services were installed.
The Town Engineer shall within thirty (30) days from submission
of the certificate of the Owner's Engineer, in writing either advise the Engineer
for the Owner that such work has been completed to his satisfaction or has not
been completed to his satisfaction, as the case may be, and if not completed to
his satisfaction shall set forth in writing particulars wherein the work has not ~,:
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been completed to his satisfaction and if the Town Engineer does not within the
said thirty (30) day period so advise the Engineer for the Owner, the Town shall
be deemed to have given original acceptance to the work. In the event the Town
Engineer submits a list of requirements, the Engineer for the Owner shall similarly
submit his certificate as to the completion of such work and the Town Engineer
shall similarly advise as to his satisfaction or otherwise, as the case may be,
in respect of such requirements. The certificate of the Town Engineer shall
constitute the original acceptance of the work by the Town.
Prior to the issuance of the said Certificate, the Town
Council must first adopt a written report by the Town Engineer that the roadways
are in the required condition to be assumed and that all other municipal depart-
ments have been informed of this matter. The said report shall be considered by
Council within thirty (30) days f~om the submission of the Certificate of
completion from the Owner's Engineer.
One set of reproducible mylar or equivalent drawings and prints
of plans of all services finalized as constructed must be deposited with the Clerk
of the Town within three months of the final assumption of the services by the
Town.
Until such Certificate is issued by the Town Engineer, the
Owner on behalf of itself, its successors and assigns covenants to indemnify and
save harmless the Town from all actions, causes of action, suits, claims and
demands whatsoever, which may arise either directly or indirectly by reason of
any alteration of the existing level or grade into conformity with the level
or grade approved by the Town Engineer or by reason of any damage to the lands
abutting on any street or streets shown on the said Plan, or to any building
erected thereon, arising from or in consequence of any such alteration of grade
or level, provided that such action or claim results from the neglect or default
of the Owner.
The final approval of the said Plan by the Town shall not be
construed as a precedent for the approval of any other proposed Plan of Subdivision.
(b) If in the opinion of the Town Engineer the Owner is not prosecuting
or causing to be prosecuted the work required in connection with this Agreement
within the time specified in paragraph 1 (a), or in order that it may be completed
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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 shall the Owner neglect or refuse to renew or again perform such
work as may be rejected by the Town Engineer as defective or unsuitable or shall
the Owner in any other manner in the opinion of the Town Engineer make default in
performance of the terms of this Agreement, then in any such case the Town
Engineer shall promptly notify the Owner and his surety in writing of such default
or neglect and if such notification be without effect within five (5) working days
after such notice, then in that case the Town Engineer 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 Town Engineer where the
Owner is unable to perform such work it may be done immediately after notifying
the Owner. The cost of such work shall be calculated by the Town Engineer whose
decision shall be final.
11. REGISTRATION OF SUBDIVISION AGREEMENT
The Owner hereby agrees that this Agreement and the Schedules hereto may
be registered upon the title of the land within the said Plan of Subdivision.
Such registration shall be at the instance of the Town and the registration fees
shall be paid by the Owner.
12. GENERAL
(1) All street names in the plan shall be subject to the approval of the
Town and the Regional Municipality of York.
(2) The dwellings to be erected on the lands covered by this Agreement
shall be built in accordance with the Town Building By-law.
(3) That the area of each lot free of buildings will either be sodded,
seeded, left in its natural state, or restored to its natural state with the
exception of driveways, patios and other facilities appurtenant to such buildings
or structures.
( 4) The Owner agrees that upon applying for final acceptance of work
done, to supply the Town with a statutory declaration that all accounts for work
and materials have been paid and that there are no claims for liens or otherwise
in connection with the construction of the public services or materials supplied
therefor or on behalf of the Owner in connection with the Subdivision.
( 5) Interest at the Town's prevailing rate of interest shall be payable
by the Owner on all sums of money payable to the Town under this Agreement and not
paid within thirty days of the due dates of such payments.
(6) Before registration of the Plan the Owner agrees to prepare a plan
indicating to the satisfaction of the Medical Officer of Health that buildings, paved
areas and septic tank tile beds can be located on each lot.
(7) The Owner covenants and agrees with the Town that there shall be
variation in the homes to be erected and that no more than two adjacent homes shall
be similar in model type.
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(8) During the construction of houses and before occupancy of the first
dwelling temporary legible signs on wood backing shall be erected. Permanent street
signs and traffic signs shall thereafter be erected in accordance with the Town's
by-laws and specifications.
(9) All hydro, telephone and cable TV service if any shall be installed
above ground. Street lighting shall be installed at all intersections of roads,
ends of culs de sac and open space entrances within the Plan and other locations to
be designated by the Town Engineer to a maximum of eight (8)ilights, in accordance
with an Agreement with the Aurora Hydro-Electric Commission and paid by the Owner.
(10) Trees, other than those required for the construction of buildings,
driveways or appurtenances thereto or which are diseased or dead shall not be
removed without the approval of the Town.
(11) The Owner agrees upon registration of the Plan to pay to the Town
by certified cheque the sum of $10,000.00 as cash in lieu of the provision of
parkland within the Plan.
(12) The Owner agrees upon registration of the Plan to pay to the Town
by certified cheque the sum of $190.00 as a planning services fee.
(13) The Owner consents to the passing of all necessary Zoning By-laws
to permit single family dwellings to be erected within the Plan.
(14) Prior to the registration of the final plan of subdivision detailed
engineering drawings showing grading and construction details of the road entrance
to the subdivision from Leslie Street, shall be approved by the Regional Engineering
Commissioner.
"OWNER" where used in this Agreement and in addition to its accepted
meaning, shall mean and include an individual, an association, a partnership, or
an incorporated company and wherever the singular is used herein it shall be
construed as including the plural.
IT IS DECLARED AND AGREED THAT the Schedules to this Agreement form part of
the Agreement and this Agreement and the covenants, provisos, conditions and
schedules herein contained shall enure to the benefit of and be binding upon the
successors and assigns of each of the parties hereto.
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IN WITNESS WHEREOF the parties hereto have affixed their corporate
seals under the hands of their proper signing officers duly authorized in that
behalf.
SIGNED ; SEALED AND DELIVERED
in the presence of
WESTVIEW GOLF HOLDINGS. LTD . .,
Per~¥£
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THE CORPORATION OF THE TOWN OF
AURORA
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SCHEDULE 'E' -SPECIFICATIONS
WESTVIEW GOLF HOLDINGS LIMITED
WESTVIEW ESTATES
1. · Ditches
2.
3.
Where erosion has occurred along .the ditches and side slopes,
these areas shall be graded with topsoil and either seeded or
sodded. Existing established grass ditches shall be protected
during grading amj asphalt operations.
Sodding and Seeding
Sod shall be No. 1 Nursery Sod. Seeding shall be a mixture of
30 percent Kentucky Blue, 40 percent Creeping Red Fescue, 10
percent Red Top and 20 percent Annual Ryegrass applied at the
rate of 5 lbs. per 1000 square feet.
Asphalt
The existing road has 18 feet wide surface treatment on a
28 feet wide granular base. The road surface shall have all
irregular areas smoothed ustng H.L. 3 asphalt padding. The
road surface shall be finished with a single 2" course of H.L. 3
asphalt placed 20 feet wide. Asphalt shall conform to M.T.C.
Form No. 310 for Hot-Mix, Hot-Laid Asphalt Construction.
4. Granular Materials
I' The existing road shoulders shall be topped with Granular 'A'
material to obtain the design road cross-section. The end bulb
area shall be widened to the radius indicated on the drawings
using 12 inches of Granular 'B' and 6 inches of Granular 'A'
material compacted to 100 percent Standard Proctor Density.
Granular 'B' shall conform to Class 'B' of M.T.C. Specification
Form 314 and Granular • A • sha 11 conform to Class • A' of M. T. C.
Specification Form No. 312 or latest revision.
5. Driveway Culverts.
Driveway culverts shall be a minimum 15" diameter, 16 guage
galvanized corrugated metal pipe C.S.P.l Spec. No. 501~74 or latest
edution. All driveway culverts shall be at least 20 feet long. End.
walls constructed with hand placed stone or consisting of manu-
factured steel and aprons shall be incorporated on both ends of all
driveway culverts.
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