Loading...
HomeMy WebLinkAboutBy-law 1669/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.1669 /83 Being a by-law to authorize the execution of a Development Agreement between Chrand Construction Inc. and the Corporation of the Town of Pickering with respect to Part Lots 37 and 38, Plan 1041 (Parts 1-4, Plan 40R-7541) WHEREAS Chrand Construction Inc. is the owner of part of Lots 37 and 38, Plan 1041, Picketing, and pursuant to the decisions dated March 15th, 1983, of the Re- gional Municipality of Durham Land Division Committee (LD 108/83, 109/83 and 110/83) is required to satisfy the Town with respect to certain matters, which include the provision of road access to the subject lands; 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 Agree- ment, in the form attached hereto as Schedule "A", between Chrand Con- struction Inc. and the Corporation of the Town of Picketing respecting the development of those parts of Lots 37 and 38, Plan 1041, Pickering, designated as Parts 1-4, inclusive, Plan 40R-7541. (LD 108/83, 109/83 and 110/83). BY-LAW read a first, second and third time and finally passed this 23rd day of May, 1983. TOWN OF PICKERING APPROVED Schedule "A" to By-law 1669/83 THIS AGREEMENT made in triplicate this day of , 1983. BETWEEN: CHRAND CONSTRUCTION INC. hereinafter cal]ed the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - hereinafter called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to sever and develop parts of Lots 37 and 38, Plan 1041, in the Town of Picketing in the Regional Municipality of Durham, which devel- opment requires certain works to be carried out (LD 108/83, 109/83, 110/83); and WHEREAS, the Encumbrancer has certain rights or interests in the nature of encum- brances relating to the lands affected hereby; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed severance and 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 are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of those parts of Lots 37 and 38, Registrar's Compiled Plan 1041, Pickering, designated as Parts 1, 2, 3 and 4, Plan 40R-7541. OWNER'S GENERAL UNDERTAKING The Owner agrees to complete at its own expense and in a good workmanlike manner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Director of Public Works for the Town of Pickering, and to complete, perform or make payment for such other matters as may be provided for herein. CONSULTING ENGINEERS (1) The Owner agrees to retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and supervise generally the work required to be done hereby. (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. STORM SEWERS (1) The Owner agrees to construct storm laterals and catch basin leads to service the lands affected hereby and the adjacent road allowance accord- ing to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and to maintain them, including clearing any blockages or debris from whatever cause, until they are formally accepted by the Town. (2) Such laterals and leads shall be connected to the existing storm sewer on Eastbank Road according to designs approved by the Director of Public Works and shall be of sufficient size and depth and at locations satisfac- tory to the Director of Public Works. (3) The Town may connect or authorize connection into the existing storm sewer system but such connection shall not constitute acceptance of the works by the Town. (4) No connection under subsection (2), above, shall be undertaken without the prior approval of the Town. ROADS (1) The Owner agrees to reconstruct and expand the turning circle at the northerly end of Eastbank Road according to the specifications for paved roads of the Town in effect at the date hereof. (z) The specifications for boulevard grading and sodding shall apply to the reconstruction and expansion of the turning circle. (3) Until assumption by the Town, the Owner shall maintain and repair the turning circle where construction has taken place and where it has been used by construction traffic, and keep it clear of dust, refuse, rubbish or other litter of all types. (4) The Owner shall erect and maintain adequate signs to warn all persons using the turning circle that the maintenance of it has not been assumed by the Town from the time that it is opened until formal assumption by the Town. (5) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. CURBS & GUTTERS (i) The Owner agrees to construct curbs and gutters on the turning circle to be reconstructed and expanded pursuant to section 5, above, according to the specifications of the Town in effect at the date hereof and to maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the said specifica- tions. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING (i) (z) (3) (4) (5) Underground electric distribution shall be provided for all residential units within the lands affected hereby according to the standards and specifications of Pickering Hydro-Electric Commission. Cable television services shall be provided for all residential blocks within the lands affected hereby according to the standards of Picketing Cable T.V. Limited. The Owner shall pay all costs of installation and relocation of street lighting and cable television services, including poles and other necessary appurtenances necessitated by the reconstruction and expansion of the turning circle referred to in section 5. The lighting shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Munici- pal Electrical Utilities Guide to Municipal Standard Construction. 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. 8. INSPECTION OF WORK (1) 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 agrees to pay the costs incurred therefor within thirty (30) days of invoices being rendered. (2) The costs referred to in necessarily be limited to, and administration fees. subsection (1), above, may include, but not salaries and wages of Inspectors, testing fees 9. LIABILITY INSURANCE (1) 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, 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 Town-owned lands. (2) (3) (4) The amount of the Policy shall be $1,000,000. 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 agrees to pay the cost of such renewal or renewals within thirty (30) days of the account therefor being rendered by the Town. 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 100% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works 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 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 (d) guaranteeing all works, workmanship and materials for a period of two (2) years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, from time to time, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) 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, (a) thirty-five per cent (35%) of the original value where no certifi- cate or declaration of substantial performance has been made; (b) twenty per cent (20%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) forty-five (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) ten per cent (10%) of the original value where, (i) a certificate of final completion has been made by the Owner's consulting engineer~ (4) (ii) forty-five days (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 by pay- ment into court; which ten per cent (10%) 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. 11. DRAINAGE - SODDING (~) The Owner agrees to provide the Town before commencing any of the work provided for herein with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands affected hereby to provide for the proper drainage thereof and the drainage of the reconstructed and expanded Eastbank Road turning circle. (z) 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 agrees to 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 agrees to sod the front, side and rear yards of each of the residential lots comprising the lands affected hereby, except for paved, planted or treed areas, upon the completion of the construction of build- ings 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 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 ten (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 5 (2) (3) (4) 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. The cost of such work shall he 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 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. 13. TRANSFERS - CONVEYANCES (i) The Owner shall convey, or arrange for the conveyance, to the Town, free and clear of all encumbrances, at no cost to the Town, and within the thirty (30) days immediately following the registration of this Agree- ment, the following lands: (a) Parts 5 and 6, Plan 40R-7541; and (b) Parts and , Plan 40R- (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 lands affected hereby 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 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. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Driveway Entrances & Approaches To relocate any existing driveway entrances required to be relocated by the Town, and to pave them and all new driveway approaches between the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and the lot line. (b) 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. (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, other than in the actual reconstruction and expan- sion of the turning circle without the written consent of the Town. (ii) 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 works required by this Agreement, and the cost of such tests shall be paid by the Owner within thirty (B0) days of the account being rendered by the Town. (e) Relocation of Services (i) (ii) To pay the cost of relocating any existing services and utilities within thirty (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. (f) Specifications Unless otherwise provided, to perform any work under this Agreement to the specifications of the date hereof. (g) Temporary Signs required to be done Town in effect at the 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. (h) Engineerin~ Drawings (i) Prior to the final acceptance of the works, to supply the Town with the original drawings of the engineering works with amendments, if any, noted thereon. Survey Monuments & Markers Prior to the acceptance of the works by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the works, he has found all standard iron bars as shown on the various plans showing the boundary of the Eastbank Road turning circle, as expanded. 16. DESIGN PLANNING (1) (a) The Owner agrees that, prior to the issuance of any building permit for the construction of any residential unit on the lands affected hereby, it shall submit to the Town's Director of Plan- ning, for approval, a report outlining siting and architectural (z) (b) (a) (b) design objectives for the lands, which approval shall not be unreasonably withheld. This report may be required, at the Director's option, to provide the following information: house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and (i) (ii) (iii) (iv) (v) (vi) (vii) any other data or information required, The Owner further agrees that, prior to the issuance of any building permit for the construction of a residential unit to be erected on the lands affected hereby, it shall submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. These plans and drawings may be required, at the Director's option, to provide the following information: (i) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; the location of landscaping features, including trees to be preserved; streetscape for front and rear elevation at a scale accept- able to the Director; streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information required. (ii) (iii) (iv) (v) (vi) 17. FINANCIAL PAYMENTS (1) The Owner agrees to pay to the Town a unit levy in the amount of $1,500 per unit, for each dwelling unit to be constructed on the lands affected hereby, when a building permit is received. (z) 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. (3) Payments of such levies shall be made to the Town from time to time as building permits are required. (4) 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. 18. FINANCIAL SECURITY The Owner shall, immediately prior to the registration of this Agreement, deposit with the Town, a security payable to the Town, in a form satisfactory to the Town, for the sum of $4,500 as security for the payments referred to in section 17 hereof. 19. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands affected hereby, as required by law from time to time. (b) Local Improvements Prior to the registration of this Agreement, to prepay any outstanding local improvement charges which are levied against any of the lands affected hereby. (c) Interest To pay interest at the rate of eighteen per cent (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. (d) Rel~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 documentation, including transfers, in the Registry or Land Titles Office. (e) Lien or Other Claims Upon applying for final acceptance of the works, 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 agrees to indemnify the Town against all claims, actions or demands for mechanics' liens, construction liens, or otherwise and all costs in con- nection therewith. 20. EXPIRY OF SECURITIES (1) The Owner further agrees that should any security required to be given under the terms of this Agreement expire during the currency of the Agreement, the Owner shall provide to the Town at least thirty (30) days in advance of the expiry date of that 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. 21. LANDSCAPE PLANNING (1) The Owner agrees that prior to the issuance of building permits for any of the units to be erected on the lands affected hereby, it shall submit a landscaping plan for all of the lots to the Town for approval. The Owner further agrees that upon approval by the Town of a landscap- ing plan, the landscaping works shown on the plan shall be constructed, installed or planted, as the case may be, in conformance with the land- scaping plan according to the time limits set out in Schedule "A". 22. TREE PLANTING (1) The Owner shall plant on the reconstructed and expanded turning circle, three (3) trees of a size, number and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. (3) A list of acceptable tree species and sizes will be provided. (4) The trees approved by the Town shall be planted by the Owner no more than six (6) months after final grading is done. 23. LICENCE TO ENTER The Owner agrees with the Town to retain a licence from any subsequent purchaser of the lands affected hereby to enter upon such lands in order to comply with the provisions of this Agreement. 24. CANCELLATION OF AGREEMENT In the event this Agreement is not registered on or before December 31st, 1983, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void. 25. 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. 26. ENCUMBRANCER The Encumbrancer agrees with the Town that this Agreement shall have priority over and take precedence over any of its rights or 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 interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. 27. INTERPRETATION (i) 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 "their", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (z) The provisions in Schedules crArl, rrB", rrcll, rrDrl, "E", "FrI, "GII and attached hereto shall form part of this Agreement. 10 28. TIME Time shall be of the essence of this Agreement. 29. 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 said Parties have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED CHRAND CONSTRUCTION INC. Per: Per: THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk Per: Per: 11 SCHEDULE "A" 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (2) Save as herein otherwise provided, the Owner agrees to complete the works required under this Agreement within the time limits specified in the Table set out below and to guarantee the workmanship and materials for a period of two (2) years from the date that the said works are approved in writing by the Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. Any works other than that specifically provided for in the Table shall be completed within the time limit provided for therein for aboveground services. Table Works Time Limit for Construction (a) Underground Services Two years from the date of the regis- tration of the final plan of subdivision (b) Aboveground Services Two years from the date of the regis- tration of the final plan of subdivision REFERENCE PLANS - EXPANSION OF TURNING CIRCLE No later than thirty (30) days following registration of this Agreement, the Owner shall prepare, at its expense, and, following the approval thereof by the Town, shall register, at its expense, reference plans of, (a) the lands required for the expansion of the Eastbank Road turning circle; and (b) Block Q, Plan M-1058, so that the Town may effect such road dedications, road closings and land transfers as it deems appropriate. SCHEDULE "B" FUTURE CONTRIBUTIONS TO SHARED SERVICE COSTS Within sixty (60) days of the acknowledgement, by the Town's Director of Public Works, of the completion of, (a) storm sewer laterals and catch basin leads, as provided for in section 4 of this Agreement; (b) roads, as provided for in section 5 of this Agreement; (c) curbs and gutters, as provided for in section 6 of this Agree- ment; (d) street lighting, as provided for in section 7 of this Agreement; and (e) driveway relocation, as provided for in section 15(a) of this Agreement; the Owner's consulting engineer shall provide to the Town, in a form satisfactory to the Town, a detailed summary of the actual cost, to the Owner, of those works. (2) Within thirty (30) days of the receipt by the Town of the summary re- ferred to in subsection (1), in a form satisfactory to the Town, the Town Manager shall determine and notify the Owner, in writing, of the follow- ing: (a) the area of the lands, if any, outside the lands affected hereby that the said works shall be deemed to benefit (the "benefitting lands") for the purposes of this section and the conditions, if any, under which such lands shall continue to be benefitting lands; (b) the portion of the Owner's actual cost, referred to in subsection (1), that the Town shall deem to be applicable to the benefitting lands (the "shared cost") for the purposes of this section; and (c) the method or methods that shall be employed to pro-rate the shared cost to the benefitting lands, and that determination shall be final. (3) In the event that the benefitting lands, or any part thereof, are to be developed by plan of subdivision, plan of condominium or any other method requiring a Development Agreement or dedication of a municipal reserve, then the Town shall endeavour to ensure that the owner thereof pays to the Owner herein, prior to the development of those lands, all or an appropriate portion of the shared cost, (a) calculated according to the method or methods referred to in subsection (2), and (b) adjusted annually, for a maximum of five (5) years from the date of notification referred to in subsection (2), according to the Southam Construction Cost Index for Ontario, composite portion. (4) In consideration of the Town approving this development and entering into this Agreement with this section included, the Owner hereby, (a) remises, releases and forever discharges, and (b) agrees to indemnify and save harmless, the Town, its officers and employees and their respective heirs, execu- tors, administrators, successors and assigns, of and from all actions, causes of action, accounts, claims, debts, damages, demands, and costs associated therewith, arising, to arise or which may hereafter be brought against them, or any of them, by or on behalf of the Owner, or any other person, because of the provisions of this section or any error, omission, failure or negligence in the application thereof. B-2 Town of Pickering Legal Department Town of Pickering Legal Department WOODRUFF STROUDS HEDGEROW MEAOOWVIEW JACQUELINE -- EDGEWOOD ROAD WELRUS COBBLERS COURT DRIVE LANE AVENUE ·~ I~ Town of Pickering ~~~.~'"' S Legal Department