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HomeMy WebLinkAboutBy-law 2947/88THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2947 /88 Being a by-law to authorize the execution of a Development Agreement between Durham Region Non-Profit Housing Corporation and The Corpo- ration of the Town of Pickering, respecting the development of Part Lot 20, Concession 1, Picker- ing (Parts 1, 4 and 5, Plan 40R-11306; OPA 87-6/D/P, Al2/87(R), S 24/88). WHEREAS, as a condirion of the approval pursuant to section 34 of the Planning Act, 1983, S.O. 1983, chapter 1, of Rezoning Application Al2/87(R) by the Town, the i'I Owner of that part of Lot 20, Concession 1, Pickering, being Parts 1, 4 and 5, Plan I'i 40R-11306 is required to enter into an appropriate Development Agreement with the Town; WHEREAS, pursuant to the provisions of the predecessor of section 40 of that Act, � the Council of The Corporation of the Town of Pickering enacted By-law 1079/80 on I January 21, 1980, designating the whole of the area of the Town of Pickering as a site plan control area; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ii ENACTS AS FOLLOWS: II 1. The Mayor and Clerk are hereby authorized to execute a Development Agree- ment in the form attached hereto as Schedule A, respecting the development of that part of Lot 20, Concession 1, Pickering, designated as Parts 1, 4 and 5, Plan 40R-11306 (Durham Region Non-Profit Housing Corporation; OPA 87-6/D/P; A 12/87(R); S 24/88). BY-LAW read a first, second and third time and finally passed this 17th day of October, 1988. L � � n . n rson, ay� � i � i �`� � Bruce Taylo , ler I� i ' TOWN OF PICKERING APPRuVcD A TO Pr1 � LEG:1 pr.��. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2947 /gg Being a by-law to authorize the execution of a Development Agreement between Durham Region Non-Profit Housing Corporation and The Corpo- ration of the Town of Pickering, respecting the development of Part Lot 20, Concession 1, Picker- ing (Parts 1, 4 and 5, Plan 40R-11306; OPA 87-6/D/P, Al2/87(R), S 24/88). WHEREAS, as a condition of the approval pursuant to section 34 of the Planning Act, 1983, S.O. 1983, chapter 1, of Rezoning Application Al2/87(R) by the Town, the Owner of that part of Lot 20, Concession 1, Pickering, being Parts 1, 4 and 5, Plan 40R-11306 is required to enter into an appropriate Development Agreement with the Town; WHEREAS, pursuant to the provisions of the predecessor of section 40 of that Act, the Council of The Corporation of the Town of Pickering enacted Sy-law 1079/80 on January 21, 1980, designating the whole of the area of the Town of Pickering as a site plan control area; 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 Development Agree- ment in the form attached hereto as Schedule A, respecting the development of that part of Lot 20, Concession 1, Pickering, designated as Parts 1, 4 and 5, Plan 40R-11306 (Durham Region Non-Profit Housing Gorporation; OPA 87-6/D/P; A 12187(R): S 24/88). � BY-LAW read a first, second and third time and finally passed this 17th day of , October, 1988. , � � ' � � I %^ l � � _ I1 n . n rson, ay� � i �I � I/ Z J �`� Bruce Taylo , ler il TOWN OF PICKERING APPRuVcD A TO P�� IEG,�I 'J�r �. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2947 /88 Being a by-law to authorize the execution of a Development Agreement between Durham Region Non-Profit Housing Corporation and The Corpo- ration of the Town of Pickering, respecting the development of Part Lot 20, Concession 1, Picker- ing (Parts 1, 4 and 5, Plan §OR-11306; OPA 87-6/D/P, Al2/87(R), S 24/88). WHEREAS, as a condition of the approval pursuant to section 34 of the Planning Act, 1983, S.O. 1983, chapter 1, of Rezoning Application Al2I87(R) by the Town, the Owner of that part of Lot 20, Concession 1, Pickering, being Parts 1, 4 and 5, Plan 40R-11306 is required to enter into an appropriate Development Agreement with the Town; WHEREAS, pursuant to the provisions of the predecessor of section 40 of that Act, the Council of The Corporation of the Town of Pickering enacted By-law 1079/80 on January 21, 1980, designating the whole of the area of the Town of Pickering as a site plan control area; 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 Development Agree- ment in the form attached hereto as Schedule A, respecting the development of that part of Lot 20, Concession 1, Pickering, designated as Parts 1, 4 and 5, Plan 40R-11306 (Durham Region Non-Profit Housing Corporation; OPA 87-6/D/P; A 12/87(R); S 24/88). BY-LAW read a first, second and third time and finally passed this 17th day of October, 1988. � � ' _ � � �. n . n rson, ay� � Z ��'��. �� Sruce Taylo , lerk TOWN OF PICI<ERWG APPNOVcD S TO f(1iir, LECd-�L 'JGr i . Schedule A THIS AGREEMENT made this 17th day of October, 1988. B E T W E E N: DURHAM REGION NON-PROFIT HOUSING CORPORATION hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF TfiE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREA5 the Owner propoaea to develop part of Lot 20, Concession 1, Pickering, being Parts 1, 4 and 5, Plan 40R-11306, in order that up to 115 dwellings may be conatructed thereon in accordance with the Town's By-law 3036, as amended, inter alia, by By-law 2803/88; and W}IEREA5 pureuant to the provisiona of the predecessor of aection 40 of the Planning Act, 1983, S.O. 1983, chapter 1, the Council of The Corporation of the Town of Pickering enacted By-law 1079/80 on January 21st, 1980, designating the whole of the area of the Town of Pickering as a aite plan control area; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the sum of $2.00 now paid by each Party to the other, receipt of which is acknowledged by each, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. LAND AFFECTED The lands affected by this Agreement (the "Lands") are those parts of Lot 20, Concession 1, Pickering, designated as Parts l, 4 and 5, Plan 40R-11306. 2. OWNER'S GENERAL UNDERTAKING The Owner ahall complete at ita own expense and in a good workmanlike man- ner, for the Town, all the municipal services and other works as hereinafter aet forth to the satiafaction of the Director of Public Worka for the Town of Pickering, and ahall complete, perform or make payment for such other matters as may be provided for herein. 3. CONSULTING ENGINEERS (1) The Owner ahall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done hereby for the development of the Landa. 4 5. 0 7. (2) Such Consulting Engineer, or any retained until the work provided formally accepted by the Town. ELECTRICAL SERVICES auccessor thereto, shall continue to be for in this Agreement is completed and Where electricity, cable television service or telephone service is to be provided to any building or site on the Lands, it shall be provided underground and in accordance with the standarda and specificationa of Pickering Hydro-Electric Commission, Pickering Cable T,V. Limited or Bell Canada, as the case may be, SPECTIONS AND ENGINEERING DRAWING INSPECTION FEES (1) Prior to the isauance of the first building permit to be issued after the date hereof to allow the construction of a building on the Lands, the Owner shall pay to the Town the sum of $4,025 as an engineering drawing inspection fee. (2) All works required to be constructed hereby by the Owner, except those referred to in section 4, above, shal] be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (1), above, may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminiatration fees. TRANSFERS - EASEMENTS (1) The Owner ahall 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 proviaion of storm drainage or management facil- itiea both within the boundaries of the project and acroas lands adjacent thereto but outside ita boundaries. (2) Such easementa shall be subject to the approval of the Director of Public Works or hie designate as to their location and width, (3) The conetruction of any servicea in such easement or easements referred to in subsection (1) shall not commence until the easement has been acquired, unlesa 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. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Continuation of Existing Services Where the construction of services herein involves a continuation to existing servicea, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (b) Public Landa - F9]] & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lande without the written consent of the authority respon- aible for auch lands. (ii) (iii) On request, to supply the Town with an acknowledgement from auch authority of the Owner's compliance with the terms of sub- clauae (i). That there ahall be no burning of refuse or de6ris upoa its lands or any public lands. 2 8. � (c) Qualitative or Quantitative Tests The Director of Public Works may have made of any materials which have been or construction of any services required by such tests ahall be paid by the Owner being rendered by the Town. qualitative or quantitative tests are proposed to be used in the this Agreement, and the cost of within 30 days of the account (d) Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of auch nature and at such locations as may be designat- ed by the Director of Public Works. (e) Engineering Drawings To supply the Town for the project, with with the original drawings of the engineering works amendments, if any, noted thereon. CONSTRUCTIO[V AND OCCUPANCY OF BUILDINGS (1) No application for a building permit shall be made for any building or part of a building to be located on any of the Lands, i2) (3) (a) (b) (c) until sanitary sewer and water facilities are available and capable of providing adequate service for the Lands; unless the Lands, their use, and the resulting building to be located thereon conform in all respects to the requirements, standarda and specifications of the applicable Zoning By-law; and this Agreement has been registered by the Town on title to the Lands. No building or part of a building shall be occupied except upon the issuance oF a municipal occupancy permit. No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (a) (b) (c) sanitary and storm sewage and water facilities are installed and in operation to adequately serve such building or part thereof; the Lands have been graded and all storm water management techniques and facilities have been applied or installed; and electric service is completed and in operation. FINANCIAL PAYMENTS (1) Prior to the issuance of the first building permit to be issued after the date hereof to allow the construction of a building on the Lands, the Owner shall pay to the Town the sum of $316,250 (if paid in 1988), $330,625 (if paid in 1989) or $350,750 (if paid in 1990 or later), as the unit levies for the 115 dwelling units to be erected on the Lands. (2) Prior to the registration of thia Agreement, the Owner shall pay to the Town, the sum of $80,500 as the Owner's contribution to the Town's district and community parkland requirements. 10. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on the Lands as required by law from time to time . 3 (b) (c) Interest To pay interest at the rate of 18$ per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from auch due dates. Regiatration Fees To pay all registration costs incurred by the Town relating in any way to the registration of this Agreement or any other related document, includ- ing tranafers, in the Land Registry Office. 11. APPROVED SITE PLANS (1) No development, including redevelopment, shall be undertaken on the Lands except in conformity with this Agreement and with the following plana and drawings (herein called the "Plans"): Dwg. No. (a) A-1 (b) A-2, A-4 to A-7, A-9, A-10, A-12 A-14 to A-17 (c) A-24, A-26, A-27 (d) SP-1 (e) SP-2 (f) L.1 (g) L.2 (h) L.3 and L.9 (i) L.5 Dwg. Title Site Plan Various Floor Plans and Elevations Various Typical Units Site Servicing Plan Grading Plan Landscape-Grading and Layout Plan Landscape - Planting Plan Typical Units - Layout Plans Details Last Revised September 29, 1966 September 29, 1988 September 29, 1988 October 12, 1988 October 12, 1988 September 29, 1968 September 29, 1988 September 29, 1988 September 29, 1988 drawinga prefixed "A-" having been prepared by V.W. Kuchar & Associ- ates, Architecta, Ltd. (project 23-107), drawings prefixed "SP-" having been prepared by G.M. Sernas & Associates Ltd. (project 88028) and drawings prefixed "L." having been prepared by Marius Ois Landscape Architects (project "115 Townhouses Pickering"). (2) The Owner shall maintain, in conformity with the Plans, to the Town's satisfaction and at the sole risk and expense of the Owner, all of the facilitiea and worka shown on those Plans and shall ensure the timely removal of snow from access ramps and driveways, parking and loading areas, walkways and sidewalks. (3) For the purpoae of guaranteeing the installation and maintenance for one year thereafter, by the Owner, of the facilities and works required to be maintained under subsection (2), above, the Owner shall provide to the 'Town, prior to the issuance of a building permit, a security in the form of an irrevocable letter of credit issued by a chartered bank in Canada in the amount of $217,000 which security may be drawn upon by the Town in such amounts, and at such times as the Town, in its sole discretion, deems advisable, should the Owner fail to install and maintain for one year thereafter the said facilities or works to the Town's satisfaction. (4) If inatallation or conatruction of the facilities and works has not com- menced within one year of the date hereof, the Plans must be 4 re-aubmitted to the Town for approval prior to any installation or con- struction commencing. 12. INTERPRETATION Whenever in thie Agreement the word "Owner", or the pronoun "it" is used, it shall be read and construed as "Owner or Owners", and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. 13. TIME Time shall be of the easence of this Agreement. 14. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Partiea hereto, their successors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective corporate seals, dnly attested by their proper authorized officers. SIGNED, SEALED & DELIVERED DURHAM REGION NON-PROFIT HOUSING CORPORATION iane amre, res ent James itty, Secretary- reasurer THE CORPORATION OF THE TOWN OF PICKERING Jo n. An erson, Mayor ruce ay or, er ENCUMBRANCER Thia Agreement shall have priority over and take precedence over all of the encumbrancer's righta and intereats, whether or not any such right or interest was establiahed or arose prior to the date hereof and w hether or not such right or inter- eat 1a aet out in or arisea by virtue of any inatrument or document registered on title to the Lands, or any part of them, prior to the registration of this Agreement. Dated at thia day of , 1988. SIGNED, SEALED & DELIVERED 5 THIS AGREEMENT made this 17th day of October, 1988. B E T W E E N: DURHAM REGION NON-PROFIT HOUSING CORPORATION hereinafter 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 develop part of Lot 20, Concession 1, Pickering, being Parts 1, 4 and 5, Plan 40R-11306, in order that up to 115 dwellings may be constructed thereon in accordance with the Town's By-law 3036, as amended, inter alia, by By-law 2803/88; and WHEREAS pursuant to the provisions of the predecessor of section 40 of the Planning Act, 1983, S.O. 1983, chapter 1, the Council of The Corporation of the Town of Pickering enacted By-law 1079/80 on January 21st, 1980, designating the whole of the area of the Town of Pickering as a site plan control area; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the sum of $2.00 now paid by each Party to the other, receipt of which is acknowledged by each, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. LAND AFFECTED The lands affected by this Agreement (the "Lands") are those parts of Lot 20, Concession 1, Pickering, designated as Parts 1, 4 and 5, Plan 40R-11306. 2. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services and other works as hereinafter set forth to the satisfaction of the Director of Public Works for the Town of Pickering, and shall complete, perform or make payment for such other matters as may be provided for herein. 3. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done hereby for the development of the Lands. 4 5 [7 7 (2) Such Consulting Engineer, or any retained until the work provided formally accepted by the Town, ELECTRICAL SERVICES successor thereto, shall continue to be for in this Agreement is completed and Where electricity, cabie television service or telephone service is to be provided to any building or site on the Lands, it shall be provided underground and in accordance with the standards and specifications of Pickering Hydro-Electric Commission, Pickering Cable T.V. Limited or Bell Canada, as the case may be. INSPECTIONS AND ENGINEERING DRAWING INSPECTION FEES (1) Prior to the issuance of the first building permit to be issued after the date hereof to allow the construction of a building on the Lands, the Owner shall pay to the Town the sum of $4,025 as an engineering drawing inspection fee. (2) All works required to be constructed hereby by the Owner, except those referred to in section 4, above, shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (1), above, may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. TRANSFERS - EASEMENTS (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 shal] deem necessary for the provision of storm drainage or management facil- ities both within the boundaries of the project and across lands adjacent thereto but outside its boundaries. (2) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1) 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. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Continuation of Existing Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (b) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands without the written consent of the authority respon- sible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (i) . (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. , Z (c) 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 30 days of the account being rendered by the Town. (d) Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designat- ed by the Director of Public Works. (e) Engineering Drawings To supply the Town with the original drawings of the engineering works for the project, with amendments, if any, noted thereon. 8. CONSTRUCTION AND OCCUPANCY OF BUILDINGS (1) No application for a building permit shali be made for any building or part of a building to be located on any of the Lands, (a) until sanitary sewer and water facilities are available and capable of providing adequate service for the Lands; (b) unless the Lands, their use, and the resulting building to be located thereon conform in all respects to the requirements, standards and specifications of the applicable Zoning By-law; and (c) this Agreement has been registered by the Town on title to the Lands. (2) No building or part of a building shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application For a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (a) sanitary and storm sewage and water facilities are installed and in operation to adequately serve such building or part thereof; (b) the Lands have been graded and all storm water management techniques and facilities have been applied or installed; and (c) electric service is completed and in operation. 9. FINANCIAL PAYMENTS (1) Prior to the issuance of the first building permit to be issued after the date hereof to allow the construction of a building on the Lands, the Owner shall pay to the Town the sum of $316, 250 (if paid in 1988) , $330,625 (if paid in 1989) or $350,750 (if paid in 1990 or later), as the unit levies for the 115 dwelling units to be erected on the Lands. (2) Prior to the registration of this Agreement, the Owner shall pay to the Town., the sum of $80,500 as the Owner's contribution to the Town's district and community parkland requirements. 10. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on the Lands as required by law from time to time . • 3 (b) (c) Interest To pay interest at the rate of 18$ 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. Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of this Agreement or any other related document, includ- ing transfers, in the Land Registry Office. 11. APPROVED SITE PLANS (1) No development, including redevelopment, shall be undertaken on the Lands except in conformity with this Agreement and with the following plans and drawings (herein called the "Plans"): Dwg. No. (a) A-1 (b) A-2, A-4 to A-7, A-9, A-10, A-12 A-14 to A-17 (c) A-24, A-26, A-27 (d) SP-1 (e) SP-2 (f) L.1 (g) L.2 (h) L.3 and L.4 (i) L.5 Dwg. Title Site Plan Various Floor Plans and Elevations Various Typical Units Site Servicing Plan Grading Plan Landscape-Grading and Layout Plan Landscape - Planting Plan Typical Units - Layout Plans Details Last Revised September 29, 1988 September 29, 1988 September 29, 1988 October 12, 1988 October 12, 1988 September 29, 1988 September 29, 1988 September 29, 1988 September 29, 1988 drawings prefixed "A-" having been prepared by V.W. Kuchar & Associ- ates, Architects, Ltd. (project 23-107), drawings prefixed "SP-" having been prepared by G.M. Sernas & Associates Ltd. (project 88026) and drawings prefixed "L." having been prepared by Marius Ois Landscape Architects (project "115 Townhouses Pickering"). (2) The Owner shall maintain, in conformity with the Plans, to the Town's satisfaction and at the sole risk and expense of the Owner, all of the facilities and works shown on those Plans and shall ensure the timely removal of snow frdm access ramps and driveways, parking and loading areas, walkways and sidewalks. (3) For the purpose of guaranteeing the installation and maintenance for one year thereafter, by the Owner, of the facilities and works required to be maintained under subsection (2), above, the Owner shall provide to the Town, prior to the issuance of a building permit, a security in the form of an irrevocable letter of credit issued by a chartered bank in Canada in the amount of $217,000 which security may be drawn upon by the Town in such amounts, and at such times as the Town, in its sole discretion, deems advisable, should the Owner fail to install and maintain for one year thereafter the said facilities or works to the Town's satisfaction. (4) If installation or construction of the facilities and works has not com- menced within one year of the date hereof, the Plans must be • 4 re-submitted to the Town for approval prior to any installation or con- struction commencing. ' 12. INTERPRETATION Whenever in this Agreement the word "Owner", or the pronoun "it" is used, it shall be read and construed as "Owner or Owners", and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. 13. TIME Time shall be of the essence of this Agreement. 14. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective corporate seals, duly attested by their proper authorized officers. SIGNED, SEALED 8, DELIVERED DURHAM REGION NON-PROFIT HOUSING CORPORATION Diane amre, resi ent James Witty, Secretary-Treasurer THE CORPORATI�N OF THE TOWN OF PICKERING Jo n . An erson, Mayor Bruce ay or, C er ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the encumbrancer's rights and interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrument or document registered on title to the Lands, or any part of them, prior to the registration of this Agreement. Dated at this day of , 1988. SIGNED, SEALED & DELIVERED � THIS AGREEMENT made this 17th day of October, 1988. B E T W E E N: DURHAM REGION NON-PROFIT HOUSING CORPORATION hereinafter called the "Owner" -and- OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to develop part of Lot 20, Concession i, Pickering, being Parts 1, 4 and 5, Plan 40R-11306, in order that up to 115 dwellings may be constructed thereon in accordance with the Town's By-law 3036, as amended, inter alia, by By-law 2803/88; and WHEREAS pursuant to the provisions of the predecessor of section 40 of the Planning Act, 1983, S.O. 1983, chapter 1, the Counci] of The Corporation of the Town of Pickering enacted By-law 1079/80 on January 21st, 1960, designating the whole of the area of the Town of Pickering as a site plan control area; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the sum of $2.00 now paid by each Party to the other, receipt of which is acknowledged by each, and the covenants hereinafter exgressed, the Parties hereto covenant and agree one with the other as follows: 1. LAND AFFECTED The lands affected by this Agreement (the "Lands") are those parts of Lot 20, Concession 1, Pickering, designated as Parts 1, 4 and 5, Plan 40R-11306. 2. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services and other works as hereinafter set forth to the satisfaction of the Director of Public Works for the Town of Pickering, and shall complete, perform or make payment for such other matters as may be provided for herein. 3. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done hereby for the development of the Lands. 4 5 ,, 7. (2) Such Consulting Engineer, or any retained until the work provided formally accepted by the Town. ELECTRICAL SERVICES successor thereto, shall continue to be for in this Agreement is completed and Where electricity, cable television service or telephone service is to be provided to any building or site on the Lands, it shall be provided underground and in accordance with the standards and specifications of Pickering Hydro-Electric Commission, Pickering Cable T. V. Limited or Bell Canada, as the case may be. INSPECTIONS AND ENGINEERING DRAWII3G INSPECTION FEES (1) Prior to the issuance of the first building permit to be issued after the date hereof to allow the construction of a building on the Lands, the Owner shall pay to the Town the sum of $4,025 as an engineering drawing inspection Fee. (2) All works required to be constructed hereby by the Owner, except those referred to in section 4, above, shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (1), above, may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. TRANSFERS - EASEMENTS (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 drainage or management facil- ities both within the boundaries of the project and across lands adjacent thereto but outside its boundaries. (2) Such easements shall be subject to the approvai of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easemenYs referred to in subsection (1) 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. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Continuation of Existing Services Where the construction of services herein involves a continuation to existing services, tp join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (b) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands without the written consent of the authority respon- sible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (i). (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. 2 0 0 10 (c) 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 30 days of the account being rendered by the Town. (d) Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designat- ed by the Director of Public Works. (e) Engineering Drawings To supply the Town for the project, with with the original drawings of the engineering works amendments, if any, noted thereon. CONSTRUCTION AND OCCUPANCY OF BUILDINGS (1) No application for a building permit shall be made for any building or part of a building to be located on any of the Lands, iZ) (3) (a) (b) (c) until sanitary sewer and water facilities are available and capable of providing adequate service for the Lands; unless the Lands, their use, and the resulting building to be located thereon conform in all respects to the requirements, standards and specifications of the applicable Zoning By-law; and this Agreement has been registered by the Town on title to the Lands. No building or part of a 6uilding shall be occupied except upon the issuance of a municipal occupancy permit. No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (a) (b) (c) sanitary and storm sewage and water facilities are installed and in operation to adequately serve such building or part thereof; the Lands have been graded and all storm water management techniques and facilities have been applied or installed; and electric service is completed and in operation. FINANCIAL PAYMENTS (1) Prior to the issuance of the first building permit to be issued after the date hereof to allow the construction of a building on the Lands, the Owner shall pay to the Town the sum of $316, 250 (if paid in 1988) , $330,625 (if paid in 1989) or $350,'I50 {if paid in 1990 or later), as the unit levies for the L15 dwelling units to be erected on the Lands. (2) Prior to the registration of this Agreement, the Owner shall pay to the Town, the sum of $80,500 as the Owner's contribution to the Town's district and community parkland requirements. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on the Lands as required by law from time to time . 3 (b) (c) Interest To pay interest at the rate of 18$ 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. Registration Fees To pay al] registration costs incurred by the Town relating in any way to the registration of this Agreement or any other related document, includ- ing transfers, in the Land Registry Office. 11. APPROVED SITE PLANS (1) No development, including redevelopment, shall be undertaken on the Lands except in conformity with this Agreement and with the following plans and drawings (herein called the "Plans"): Dwg. No. (a) A-1 (b) A-2, A-4 to A-7, A-9, A-10, A-12 A-14 to A-17 (c) A-24, A-26, A-27 (d) SP-1 (e) SP-2 (f) L.1 (g) L.2 (h) L.3 and L.4 (i) L.5 Dwg. Title Site Plan Various Floor Plans and Elevations Various Typical Units Site Servicing Plan Grading Plan Landscape-Grading and Layout Plan Landscape - Planting Plan Typical Units - Layout Plans Details Last Revised September 29. 1988 September 29, 1988 September 29, 1988 October 12, 1988 October 12, 1988 September 29, 1988 September 29, 1988 September 29, 1988 September 29, 1988 drawings prefixed "A-" having been prepared by V.W. Kuchar & Associ- ates, Architects, Ltd, (project 23-107), drawings prefixed "SP-" having been prepared by G.M. Sernas & Associates Ltd. (project 88028) and drawings prefixed "L." having been prepared by Marius Ois Landscape Architects (project "115 Townhouses Pickering"). (2) The Owner shall maintain, in conformity with the Plans, to the Town's satisfaction and at the sole risk and expense of the Owner, all of the facilities and works shown on those Plans and shall ensure the timely removal of snow from access ramps and driveways, parking and loading areas, walkways and sidewalks. (3) For the purpose of guaranteeing the installation and maintenance for one year thereafter, by the Owner, of the facilities and works required to be maintained under subsection (2), above, the Owner shall provide to the Town, prior to the issuance of a building permit, a security in the form of an irrevocable letter of credit issued by a chartered bank in Canada in the amount of $217,000 which security may be drawn upon by the Town in such amounts, and at such times as the Town, in its sole discretion, deems advisable, should the Owner fail to install and maintain for one year thereafter the said facilities or works to the Town's satisfaction. ( 4) If installation or construction of the facilities and works has not com- menced within one year of the date hereof, the Plans musE be 4 re-submitted to the Town for approval prior to any installation or con- struction commencing. 12. INTERPRETATION Whenever in this Agreement the word "Owner", or the pronoun "it" is used, it shall be read and construed as "Owner or Owners" , and "his" , "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. 13. TIME Time shall be of the essence of this Agreement. 14. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective corporate seals, duly attested by their proper authorized officers. SIGNED, SEALED & DELIVERED DURHAM REGION NO�-PROFIT HOUSING CORPORATION Diane amre, President James Witty, Secretary-Treasurer THE CORPORATION OF THE TOWN OF PICKERING � , /"' � F� ENCUMBRANCER yor This Agreement shall have priority over and take precedence over al] of the encumbrancer's rights and interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrument or document registered on title to the Lands. or any part of them, prior to the registration of this Agreement. Dated at this day of , 1988. SIGNED, SEALED & DELIVERED E