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HomeMy WebLinkAboutBy-law 2036/85TIlE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2036/85 Being a by-law to authorize the execution of a development agreement between J. F. Coughlan Construction Co. Limited and The Corporation of the Town of Pickering respecting the development of Block 31, Plan 40M-1304 and part Lot 33, Range 3, Broken Front Concession, Pickering (Parts 1 and 2, Plan 40R-8386) WHEREAS on September 17th, 1984 the Council of The Corporation of the Town of Pickering approved By-law Amendment Application A 14/84 subject to several con- ditions, one of which required the entering into of a development/site plan agreement and others of which are most appropriately dealt with in such an agreement; NOW TttEREFORE, 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 agree- ment, in the form attached hereto as Schedule A between J. F. Coughlan Con- struction Co. Limited and The Corporation of the Town of Pickering, respecting the development of Block 31, Plan 40M-1304 and part Lot 33, Range 3, Broken Front Concession, Pickerlng (Parts 1 and 2, Plan 40R-8386). BY-LAW read a first, second and third time and finally passed this 3rd day of June, 1985. SCHEDULE A THIS AGREEMENT made this 3rd day of June, 1985. BETWEEN : J.F. COUGHLAN CONSTRUCTION CO. LIMITED 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 Block 31. Plan 40M-1304 and part of Lot 33, Range 3, Broken Front Concession. in the Town of Picketing in the Regional Municipality of Durham, to create two building lots in accordance with the terms and conditions of the Regional Municipality of Durham Land Division Committee decisions LD 165-6/84, each dated June llth, 1984; 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: PART 1 - PROPERTY DESCRIPTION 1. LAND AFFECTED The lands affected by this Agreement are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham and Province of Ontario and being composed of, FIRSTLY, all of Block 31, Plan 40M-1304, and SECONDLY, those parts of Lot 33, Range 3, Broken Front Concession, des- ignated as Parts 1 and 2, Plan 40R-8386. -2- PART 2- SERVICES OWNER'S GENERAL UNDERTAKING The Owner shall complete at his own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to thc satisfaction of the Director of Public Works for the Town of Pick.ring, and shall complete, perform or make payment for such other matters as may be provided for herein. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out ail the necessary engineering and to supervise generally the work required to be done for the development of the pro- ject. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 4. STORM DRAINAGE (1) The Owner shall construct a storm drainage system to service each build- ing lot according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain them, including clearing any blockages or debris from whatever cause, until they are formally accepted by the Town. (2) Such system shall be constructed to the storm sewer in Riverview Cres- cent according to designs approved by the Director of Public Works and shall be of sufficient size and depth to service the building lot. 5. ROADS - BOULEVARDS (1) The Owner shall keep the boulevard clear and free of materials and obstructions which might interfere with the installation of electric tele- phone, gas or other utilities. (2) The Town's specifications for boulevard grading and sodding shall apply to the existing road adjacent to the project. (3) The Owner shall maintain and repair Riverview Crescent and Fawndale Road both where construction has taken place or where either is used by construction traffic serving the project and keep such roads clear of dust, refuse, rubbish or other litter of all types. DRIVEWAY ENTRANCES The Owner shall construct a driveway entrance for each building lot according to the specifications of the Town in effect at the date hereof. 7. UNDERGROUND ELECTRIC DISTRIBUTION & CABLE TELEVISION SERVICE (1) Underground electric distribution shall be provided for the building lots according to the standards and specifications o£ Pickering HydroElectric Commission. (2) Cable television services shall be provided for the building lots according to the standards of Pick.ring Cable T.V. Limited. (3) The installation of all works provided for in this section shall be con- structed under the supervision and inspection of Picketing Hydro-Electric Commission and Pick.ring Cable T.V. Limited, as the case may be. -3- PART 2 - SERVICES (Cont'd) e INSPECTIONS (1) Upon the execution of this Agreement by the Owner, the Owner shall pay to the Town the sum of $70 as an engineering dra~ing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in section 7, 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 necessarily be limited to, and administration fees. subsection (2), above, may include, but not salaries and wages of Inspectors, testing fees LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in a 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. (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. 10. 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 $5,000 performance security in a form satisfactory to the Town 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 8 of this Agreementl (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 two years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) 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 $2,500, which sum 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. -4- PART 2 - SERVICES (Cont'd) (3) Upon the approval, if any, of the reduction referred to in subsection (2), above, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 11. DRAINAGE - SODDING (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 project, with a Grading Control Plan prepared by the Owner's Con- sulting Engineer, establishing the proposed grading of the building lots to provide for the proper drainage thereof and the drainage of that part of Lot 33, Range 3, Broken Front Concession, designated as Parts 5, 6 and 7, Plan 40R-8386. (2) 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 in the project 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. (s) The Owner shall sod the front, side and rear yards of each of the build- ing lots except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 12. INCOMPLETED OR FAULTY WORK (1) 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 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 ten 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. 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. (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 20% of the labour and material value, and further, a fee of 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. -5- PART 2 - SERVICES (Cont~d) 13. TRANSFER - CONVEYANCE (1) The Owner shall convey Parts 4, 5, 6 and 7, Plan 40R-8386, to the Town, free and clear of all encumbrances and at no cost to the Town, prior to the clearance of deeds pursuant to the Land Division Committee decisions. (2) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. 14. 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 sewer services both within the boundaries of the project and across lands adjacent thereto 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. (3) The construction of any services in such easement or easements referred to in subsection (1), above, 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. 15. SERVICE CAPACITY This Agreement shall be subject to the Owner entering into satisfactory ar- rangements with the Regional Municipality of Durham with respect to the allo- cation of water capacity and service for the project. 16, GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Pavin[~ of Driveway Approaches To pave both driveway approaches between the curb and the lot line. (b) Continuation of Existin~ 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. (c) 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 o£ the Owner's compliance with the terms of sub- clause (i), above. (iii) That there shall be no burning of refuse or debris upon its lands or any public lands, -6- PART 2 - SERVICES (Cont'd) (d) 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. (e) Relocation of Services (f) (g) (h) (i) (i) To pay the cost of relocating any existing services and utilities within 30 days of the account for same being rendered by the Town. (ii) 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. Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. 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. Engineering Drawinl~s To supply the Town with the original drawings of the engineering works for the project, with amendments, if any, noted thereon. Temporary Fencin[~ Prior to the commencement of construction, to erect temporary fencing along the southerly boundary of the lands affected hereby and to maintain such fencing until it is replaced with permanent fencing. Permanent Fencin[~ Upon the completion of final lot grading and seeding or sodding the lands affected hereby, to erect along the southerly boundary thereof a permanent fence, 1.8 metres high of a style and type approved by the Town's Director of Planning. - 7- 17. PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building or part of a building shall be occupied except upon the issuance of a municipal occupancy permit. (2) No application for a municipal occupancy permit for a building or part of a building ahall be made except upon the following conditions: (a) sewage and water facilities are installed and in operation to adequately serve such building or part thereof; and (b) electric service is completed and in operation. 8 PART 4 - FINANCIAL MATTERS 18. FINANCIAL PAYMENTS Upon the execution of this Agreement by the Owner the Owner shall pay to the Town a unit levy in the amount o£ $1,750 per unit, for each dwelling unit for which a building permit is received, total $3,500. 19. FINANCIAL SECURITY (1) Should any security required by this Agreement expire during the cur- rency of this Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of the security, a further security to take effect upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 20. GENERAL PROVISIONS - FINANCIAL MATTERS (a) Taxes To pay the taxes in full on all the lands affected hereby, as required by law from time to time. (b) 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. (c) Re[~istration 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. (d) Lien or Other Claims 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 claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 21. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Save as herein otherwise provided, the Owner shall complete the works required under this Agreement within two years from the date of registration of this Agreement and shall guarantee the workmanship and materials for a further period of two years from the date that the works are approved in writing by the Director of Public Works. -9- PART 5 - PARKS & TREES 22. PARKLAND Upon the execution of this Agreement by the Owner, the Owner shall pay to the Town the sum of $1,750 cash in lieu of the provision of parkland. 23. STREET TREES The Owner shall plant on Riverview Crescent adjacent to the building lots, two trees of a size and type acceptable to the Town, no more than six months after final grading is completed. - 10 - PART 6- GENERAL PROVISIONS 24. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the lands affected hereby or any part thereof, to enter upon such lands in order to comply with the provisions of this Agreement. 25. CANCELLATION OF AGREEMENT In the event this Agreement is not registered on or before July 31st, 1985, the Town may, at Its option on one month's notice to the Owner, declare this Agreement to be null and void. Z6. 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. 27. INTERPRETATION Whenever in this Agreement the word "Owner", or the pronoun uit" 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. 28. TIME Time shall be of the essence of this Agreement. 29, 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 Corporate Seal duly attested by their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED J. F. COUGHLAN CONSTRUCTION CO. LIMITED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk - 11 -