Loading...
HomeMy WebLinkAboutBy-law 2277/86THE CORPORATION OF TtlE TOWN OF PICKERING BY-LAW NO. 2277 /86 Being a by-law to authorize the execution of a Development Agreement respecting that part of Lot 19, Concession 8, Picketing, designated as Part Z, Plan 40R-8814 (Hinchliffe / Kennedy; LD 80/86; MZO ]8-ZO-0298601(])) WHEREAS the Council of the Corporation of the Town of Picketing has consented to the owners of that part of Lot 19, Concession 8, Picketing, designated as Part 2, Plan 40R-8814, applying to the Land Division Committee for the Regional Municipality of Durham for a land severance thereof into four lots, and to an amendment to the Minister's Zoning Order respecting those lands, subject to certain conditions, requiring the entering into of a Development Agreement; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Development Agreement in the form attached hereto as Schedule A, respecting the develop- ment of that part of Lot 19, Concession 8, Pickering, designated as Part Plan 40R-8814 (Hinchliffe/Kennedy; LD 80/86; MZO 18-ZO-0298601(1)) BY-LAW read a first, second and third time and finally passed this 30th day of June, 1986. / Bl~dce Taylor, ~ler~ TOWN OF PICKE,~ING APPROVED THIS AGREEMENT made this 30th day of June, 1986. BETWEEN: RONALD HINCHLIFFE AND DAVID CHESTER KENNEDY 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 Town is the owner of an unopened road allowance immediately adjacent, to the east, of part of Lot 19, Concession 8, Picketing, and running southerly from Old Brock Road in the Hamlet of Claremont, which road allowance is hereinafter referred to as "the road"; and WttEREAS the Owner is the owner in fee simple of part of Lot 19, Concession 8, Pickering, and has obtained the consent of the Council of the Town to apply for a land severance thereof, which consent is subject to a condition requiring the entering into of a development agreement; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed development, 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: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham (formerly in the Township of Pickering in the County of Ontario) and Province of Ontario and being composed of that part of Lot ]9, Concession 8, Picketing, designated as Part 2, Plan 40R-8814. 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. 3. INTERPRETATION Whenever 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 ~them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shah enure to the benefit and be binding upon the Parties hereto, their successors and assigns. of 6. OWNER'S GENERAL UNDERTAKING The Owner shall complete at their own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Pickering, and shall complete, perform or make payment for such other matters as may be provided for herein. 7. CONSULTING ENGINEERS 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 by this Agreement. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work is completed and formally accepted by the Town. 8. ROADS - PAVED (1) The Owner shall, at his sole expense and within two years after the date hereof, construct on the road in a good and workmanlike manner a roadway southerly approximately 253 metres (centreline) from the edge of the existing asphalt on Old Brock Road terminating in a turning circle at the southerly end of the construction, (2) The construction of the roadway required by subsection (1), above, shall include, but not necessarily he limited to, the following: (a) cutting and clearing of all trees, bushes, shrubs and other vegetation; (b) grading; (c) installation of a proper road base for a 7.3 metre wide road, such base to consist of 300 millimetres of Granular B material, 150 millimetres of Granular A material, and 75 millimetres of H.L. 4 asphalt; (d) construction of ditches on each side of the road base; (e) installation of a 9 metre radius turning circle to the standards set out in (c), above, at the south end of the construction referred to in (1), above, and (f) erection of a vehicle barricade and warning sign at the southerly end of the turning circle. (3) (4) The construction of driveway entrances is not provided for in this Agree- ment; the Owner agrees, however, that should any driveway entrance or entrances be required, he shall apply to the Town for such an entrance and comply with all the Town's requirements, financial or otherwise, with respect thereto. Until assumption by the Town, the Owner shall maintain and repair roads where construction has taken place and keep such roads clear of dust, refuse, rubbish or other litter of all types. (5) The Owner shall erect and maintain adequate signs to warn all persons using the road that the maintenance of it has not been assumed by the Town until it is assumed by the Town. (6) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. (7) Upon the completion of the construction of the works referred to in subsections (1) and (2) above to the satisfaction of the Town's Director of Public Works, the Town shall pay to the Owner the sum of $10,500, TRANSFERS - CONVEYANCES The Owner shall convey Part allowance. , Plan 40R- , to the Town for a future road 10. INSPECTIONS All works required to be constructed by the Owner, 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. The costs referred to in subsection (1) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 11. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, naming the Town as an insured and 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 Lands, on adjacent road allowances and elsewhere. (2) The amount of the Policy shall be $5,000,000. (3) 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 shall pay the cost of such renewal or renewals within 30 days of the account therefor being rendered by the Town. (4) 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 provided by the Liability Insurance Policy shall not lapse. 12. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the (3) (4) Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 10 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. The Owner may, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than. sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; and (c) seventeen per cent (17%) of the original value where, (i) a certificate of final completion has been made by the Owner's Consulting Engineer; (ii) 45 days following the making of such certificate have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for hy pay- ment into court; which seventeen per cent (17%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 13. DRAINAGE (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the Lands, with a Grading Control Plan prepared by the Owner's Consult- ing 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 Lands. The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement and is subject to the approval of the Director of Public Works. (3) The grading of all lands shall be carried out by the Owner in accordance with the Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (4) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works by the Town. the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. 14. INCOMPLETED OR FAULTY WORK If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the 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 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 notifica- tion be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority 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. (2) In cases of emergency, in the opinion of the Director of Public Works, such work may he done without prior notice but the Owner shall be forthwith notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) 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 fur- ther, a fee of thirty per cent (30%) 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. 15. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: 5 (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) (ii) 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, other than in the actual construction of roads, without the written consent of the authority responsible for such lands. 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 the Lands or any public lands. 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 works 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) Relocation of Services (i) (ii) To pay the cost of relocating any existing services and utilities caused by the works within 30 days of the account for same being rendered by the Town. Similarly to pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (e) Specifications (f) 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. 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 designa- ted by the Director of Public Works. (g) Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (h) Engineering Drawings Prior to the final acceptance of the works, to supply the Town with the original drawings thereof, with amendments, if any, noted thereon. 16. FINANCIAL PAYMENTS (1) The Owner agrees to pay to the Town a unit levy in the amount of $3,500 for each dwelling unit to be erected on the Lands. (3) (4) (5) No building permit shall be issued for any dwelling unit unless payment of the 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 section in full, no later than two years after the date hereof. 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. 17. FINANCIAL SECURITY The Owner shall, upon execution of this Agreement, deposit with the Town, a security payable to the Town, in a form satisfactory to the Town, for the sum of $10,500 as security for the payments referred to in section 16 hereof. IN WITNESS WHEREOF, the persons comprising the Party of the First Part have hereunto set their hands and seals and the Party of the Second Part has hereunto affixed its corporate seal attested to by the hands of its proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED In the presence of RONALD HINCHLIFFE DAVID CHESTER KENNEDY THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk I, , spouse of RONALD HINCHLIFFE, one of the Owners herein, hereby consent to the execution and entering into of this Agreement by RONALD I-tlNCHLIFFE, and to the registration of the Agreement upon the title to the lands affected hereby and agree to be bound by the terms of the said Agreement. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 1986. SIGNED, SEALED & DELIVERED in the presence of I, spouse of DAVID CHESTER KENNEDY one of the Owners herein, hereby consent to the execution and entering into of this Agreement by DAVID CHESTER KENNEDY and to the registration of the Agreement upon the title to the lands affected hereby and agree to be bound by the terms of the said Agree- IN WITNESS WHERE©F, I have hereunto set my hand and seal this day of , 1986. SIGNED, SEALED & DELIVERED In the presence of Resolution #42/86 Moved by Councillor Stoner Seconded by Councillor Arthurs That the Ministry of Municipal Affairs be advised that the Town of Pickering has no objection to the approval of Minister's Zoning Order Amendment Application 18-Z0-0298601(1) submitted by R. & J. Hinchliffe on lands being Part of Lot 19, Concession 8 (Part 1, 40R-8814), to permit lots having lot frontages of 45 metres and 41.6 metres, and corresponding lot areas of 4613 square metres and 3493 square metres, subject to the following conditions: That the owners satisfy the Director of Public Works respecting the necessary improvement to Brock Road across the frontage of the subject property. That any amending regulation respecting this application include building performance standards which conform to 'R6' - Residential Zone requirements within the Town of Picketing Zoning By-law 3037. the CARRIED Council Minutes - April 7, 1986 - ltinchliffe Resolution,#5/86 REQUEST FOR EXEMPTION FROM COUNCIL'S LAND SEVERANCE POLICY TO PERMIT DEVELOPMENT SUBMITTED BY A. MCCLYMENT FILE NUMBER B 2300 That the request of A. McClyment for an exemption to Council's Land Severance Policy to permit the creation of four lots for detached residential dwellings to proceed by application for land severance through the Durham Land Division Committee on lands being Part 2, Plan 40R-8814 be APPROVED subject to the following condition: That prior to application being made for consent to sever to the Durham Land Division Committee, the owner enter into an appropriate development agreement with and to the satisfaction of the Town of Picketing respecting: a) the dedication of a 20 m road allowance to the Town through the subject lands, b) required improvements of Brock Road across the total frontage of the subject lands, c) the payment of lot development fees. Council Minutes -January 20, 1986 -Hinchcliffe 2~TACHMENT ~] LOCATION NAP N Town of Pickering PLANNING DEPARTMENT PT. LOT 19 , CON. 8 ~Icatlo~ No. Omrn~ I~to ~jwf,, By .4800