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HomeMy WebLinkAboutBy-law 2087/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2087 /85 Being a by-law to authorize the execution of a development agreement between Achim Erhard Munch, Roll Achim k4uench and The Corporation of the Town of Picketing respecting the develop- ment of part Lot 68, Plan 350, Picketing (Parts 1, 2 and 4, Plan 40R-8918). WHEREAS, by decisions dated April 29th, 1985, the Regional Municipality of Durham Land Committee approved the severance of two lots from Lot 68, Plan 350, Pickering subject to several conditions, one of which requires that the Town be satisfied finan- cially and otherwise, with respect to the proposed development; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY Ei~ACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a development agreement in the form attached hereto as Schedule A between Achim Erhard Munch, Roll Achim Muench and The Corporation of the Town of Picketing, respecting the development of part Lot 68, Plan 350, Picketing (Parts 1, 2 and 4, Plan 40R-8918). BY-LAW read a first, second and third time and finally passed this 7 th day of October, 1985. ~E. An_~erson, ~laydr' · :". ., ~ ~ r / Brfice Taylor, ~erk THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2087 /85 Being a by-law to authorize the execution of a development agreement between Achim Erhard Munch, Roll Achim Muench and The Corporation of the Town of Picketing respecting the develop- ment of part Lot 08, Plan 350, Picketing (Parts 1, 2 and 4, Plan 40R-8918). WHEREAS, by decisions dated April 29th, 1985, the Regional Municipality of Durham Land Committee approved the severance of two lots from Lot 68, Plan 350, Picketing subject to several conditions, one of which requires that the Town be satisfied finan- cially and otherwise, with respect to the proposed development; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a development agreement in the form attached hereto as Schedule A between Achim Erhard Munch, Roll Achim Muench and The Corporation of the Town of Pickering, respecting the development of part Lot 68, Plan 350, Pickering (Parts 1, 2 and 4, Plan 40R-8918). BY-LAW read a first, second and third time and finally passed this 7 th day of October, 1985. SCHEDULE A TO BY-LAW NUMBER 20873/85 THIS AGREEMENT made this day of September, 1985. BETWEEN: ACHIM ERHARD MUNCH and ROLF ACHIM MUENCH 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 Owner proposes to sever part Lot 68, Plan 350, in the Town of Picker- lng in the Regional Municipality of Durham, to create two lots, one walkway and one retained parcel in accordance with the terms and conditions of the Regional Municipal- ity of Durham Land Division Committee decisions LD 130-1/85, each dated April 29, 1985; 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: 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 that part of Lot 68, Plan 350, designated as Parts 1, 2 and 4, P]an 40R-8918. 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 the satisfaction of the Director of Public Works for the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. 3. UNDERGROUND ELECTRIC DISTRIBUTION & CABLE TELEVISION SERVICE (I) Underground electric distribution shall be provided for the two lots according to the standards and specifications of Picketing HydroElectric Commission. (2) (3) Cable television services shall be provided for the two lots according to the standards of Pickering Cable T.V. Limited. The installation of all works provided for in this section shall be con- structed under the supervision and inspection of Pickering Hydro-Electric Commission and Picketing Cable T.V. Limited, as the case may be. 4. INSPECTIONS (1) Prior to the issuance of the first building permit after the date hereof for Part 1, Plan 40R-8981, the Owner shall pay to the Town the sum of $35 as an engineering drawing inspection fee. All works required to be constructed by the Owner, except those re- ferred to in section 3, 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 (2), above, may include, but not necessarily be limited to, sa]aries and wages of Inspectors, testing fees and administration fees. 5. LIABILITY INSURANCE (D 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. 6. 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 and the demolition and removal of existing buildings on Part 4, Plan 40R-8918; (b) guaranteeing the payment of any amounts payable to the Town under section 4 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, 1982, and (3) (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. 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 and the demolition and removal required under section 17, below, is completed, 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 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. 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 Part 1, Plan 40R-8918. with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the building lot to provide for the proper drainage thereof. (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 Pub]lc 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. (5) The Owner shall sod the front, side and rear yards of Part 1, Plan 40R-8918 except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 8. 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 shah 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. 3 (2) (3) (4) In cases of emergency, in the opinion of the Director such work may be done without prior notice but the forthwith notified. of Public ¥/orks, Owner shall be The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. It is understood and agreed that such costs shall include a management fee of 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. 9. TRANSFER - CONVEYANCE The Owner shall convey Part 4, Plan 40R-8918, 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. 10. TRANSFERS -EASEMENTS 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. (z) 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 (l), 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. 11. 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. 12. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) (b) Pavin~ of Driveway Approaches To pave all driveway approaches between the edge of the travelled por- tion of Oakwood Drive and the lot line. Continuation of Existin8 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 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), above. (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (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 (i) To pay the cost of relocating within 30 days of the account any existing services and utilities for same being rendered by the (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. (f) 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. (g) 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. (h) Engineering Drawings To supply the Town with the original drawings of the engineering works for the proiect, with amendments, if any, noted thereon. 13. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No application for a building permit shall be made for any building or part of a building in the project until sanitary sewer water facilities are available and capable for providing adequate service. (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) 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. 14. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a lot levy in the amount of $3,500 per lot, for each dwelling unit for which a building permit is received. The lot levy for Part 2, Plan 40R-8918 shall be paid prior to the clear- ance of deeds pursuant to the Land Division Committee decisions; the lot levy for Part 1, Plan 40R-8918 shall be paid prior to the issuance of any building permit for the construction of a building thereon, or on April 1st, 1987, whichever first occurs. (3) A letter from the Clerk of the Town advising that the lot levy has been paid shall be deemed to be a release of this section for the lands referred to in the said letter. 15. FINANCIAL SECURITY (1) The Owner shall, immediately prior to the registration of this Agreement, deposit with the Town, a security payable to the Town, in a form satis- factory to the Town, for the sum of $3,500 as security for the payments referred to in section 13(2), above. (2) Should the security expire during the currency 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. (3) Such further security shall be to the satisfaction of the Town. (4) 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. 16. 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 ]8% 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) 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. (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. 16. 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. 17. DEMOLITION OF EXISTING BUILDINGS (1) The Owner shall, prior to April 16th, 1986, demolish and remove all existing buildings located on Part 4, Plan 40R-8918. (2) The Owner agrees that in default of his performance of the obligation under subsection (1), above, the Town may, upon ten days written notice to the Owner, provided by registered mai], directed to him at his last address known to the Town, enter Part 4, Plan 40R-8918 and demolish and remove the existing buildings at the sole expense of the Owner, and for the purpose of such demolition and removal by the Town, the Owner hereby appoints the Town as his agent. (3) The Owner further agrees that in the event that the Town enters and demolishes or removes any buildings pursuant to the provisions of this Agreement, the cost of such entry, demolition and removal may be de- ducted or drawn from the performance security provided under section 6, above. 18. 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. 19. CANCELLATION OF AGREEMENT In the event this Agreement is not registered on or before December 31st, 1985, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void. 20. 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. 21. 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. 22. TIME Time shall be of the essence of this Agreement. 23. BINDING PARTIES This Agreement and everything herein contained shall enure to the and be binding upon the Parties hereto, their successors and assigns. benefit of IN WITNESS WHEREOF, the persons comprising the Owner have hereunto affixed their respective hands and seals and the Town has hereunto affixed its Corporate Seal duly attested by its proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED in the presence of ACHIM ERHARD MUNCH ROLF ACHIM MUENCH THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk I, , spouse of Achim Erhard I~unch, the Owner herein, hereby consent to the execution and entering into of this Agreement by Achim Erhard Munch 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 , 1985, at the Town of Pickerlng. day of SIGNED, SEALED & DELIVERED In the presence of witness I, , spouse of Roll Achim Muench, the Owner herein, hereby consent to the execution and entering into of this Agreement by Roll Achim Muench 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 , 1985, at the Town of Pickerlng. day of SIGNED, SEALED & DELIVERED In the presence of witness 4~R-Sq 18 N Town of Pickering PLANNING DEPARTMENT PT. LOT 68 , PLAN 3~50 Al~liemtl~n Itek). LDI30 , 131 /85 APRIL 15/85 IDB Owrt~r J. 8~ R. MUNCH I: 7500 Checked 8Y