HomeMy WebLinkAboutBy-law 1538/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1538/82
Being a By-Law to authorize the execution
of a Development Agreement between the
Corporation of the Town of Pickering and
Karsten Smith with respect to the develop-
ment of Lot 44, Plan 12 (Claremont)
(AD 264-6/81)
WHEREAS Karsten Smith is the owner of Lot 44, Plan 12, and pursuant to
the decisions dated July 27th, 1981 of the Regional Municipality of
Durham Land Division Committee (LD 264-6/81) is required to satisfy the
requirements of the Town of Pickering, which requirements can best be
satisfied by the entering into of a Development Agreement prior to the
final approval by the Committee of the applications to which the said
decisions relate;
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 the
Corporation of the Town of Pickering and Karsten Smith respecting
the development of Lot 44, Plan 12 (Claremont) designated as Parts
1-6, inclusive, Plan 40R-6641. (LD 264-6/81)
BY-LAW read a first, second and third time and finally passed this 5th
day of July, 1982.
Schedule "A" to By-law 1538/82
THIS AGREEMENT made in triplicate this 5th day of July, 1982.
BETWEEN :
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
- and -
KARS TEN SMITH
hereinafter called the "Owner"
OF THE SECOND PART.
WHEREAS the Town is the owner of an opened road allowance immediately
adjacent, to the south, of Lot 44, Plan 12 (Claremont), Pickering, and
running southerly therefrom, which road allowance is hereinafter referred
to as Barber Street; and
WHEREAS the Owner is the owner in fee simple of part of Lot 44, Plan 12
(Claremont), Picketing, and wishes to construct 4 single family dwell-
ings thereon, and for that purpose and other purposes, is prepared to
construct an appropriate roadway at his expense to extend Barber Street
northerly approximately 55 ne tres;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the
mutual covenants and benefits herein contained, and the sum of Two
Dollars ($2.00) paid by each Party to the other, receipt of which by
each is hereby acknowledged, the Parties hereto agree as follows:
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1. LAND AFFECTED
The lands affected hereby are those lands more particularly des-
cribed as follows:
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 that part of Lot 44, Plan 12, Village of Claremont, designated
as Parts 1-5, inclusive, on a plan of survey of record deposited
in the Land Registry Office for the Registry Division of Durham
(No. 40) as Plan Number 40R-6641.
2. OWNER'S GENERAL UNDERTAKING
The Owner agrees to complete at his own expense and in a good and
workmanlike manner, for the Town, all the works 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.
3. CONSULTING ENGINEERS
(i)
The Owner agrees to retain a Professional Engineer as the
Consulting Engineer of the Owner to carry out all the neces-
sary engineering and generally supervise the work required to
be done for the development of the lands.
(2)
Such Consulting Engineer, or any successor thereto, shall
continue to be retained until the works provided for in this
Agreement are completed and formally accepted by the Town.
4. UNDERGROUND ELECTRIC DISTRIBUTION
(i)
Underground electric distribution services shall be provided
for all lots within the lands affected hereby according to
the standards and specifications of the appropriate authority.
(2) The Owner shall make such financial arrangements as may be
required to ensure the construction of those services.
(3) The Owner agrees to pay all costs of installation of such
services, including poles and other necessary appurtenances.
(4)
The installation of all works provided for in this clause
shall be constructed under the supervision and inspection of
the aforesaid authority.
5. INSPECTION OF WORK
Ail works required to be constructed by the Owner except those
works referred to in section 4, above, shall be installed under
the observation of Inspectors employed by the Town and the Owner
agrees to pay the costs incurred (Salaries and Expenses) therefor
within ten (10) days of their being rendered.
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6. PERFORMANCE & MAINTENANCE GUARANTEE
(1)
Before commencing any of the works provided for herein, the
Owner shall supply the Town with a Performance and Mainten-
ance Security in form and amount satisfactory to the Town's
Director of Public Works to guarantee the satisfactory com-
pletion of the works 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.
(2)
Such Performance and Maintenance Security shall be in the
form of an irrevocable bank letter of credit.
(3)
The Owner may, from time to time, apply for a reduction in
the letter of credit and such application shall be made to
the Town Manager and such reduction may be granted by him
upon written verification of the Director of Public Works
that the services for which reduction is being sought have
been satisfactorily completed, provided such reduction shall
not reduce the amount of the security to any amount less than
ten per cent (10%) of the original value, which ten per cent
portion shall apply as the security for maintenance until the
obligation to maintain has expired, when the balance of the
security shall be returned to the Owner subject to any deduc-
tions for maintenance purposes.
7. GRADING, DRAINAGE & SODDING
(1)
The Owner agrees to provide the Town, before con~encing 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 Consulting Engineer, establishing the
proposed final grading of the lands to provide for the proper
drainage thereof and the drainage of all adjacent lands which
drain through the said lands. The Grading Control Plan is to
be prepared in accordance with the Town's Lot Drainage Speci-
fications in effect at the date of this Agreement and is
subject to the approval of the Director of Public Works.
2)
Final grading of all lands shall be carried out by the Owner
in accordance with the Grading Control Plan, under the super-
vision of the Owner's Consulting Engineer. If, in the opinion
of the Director of Public Works, drainage problems occur
prior to formal acceptance by the Town of the Town of the
works on the lands, the Owner shall correct such problems by
re-grading or by the constr~ction of catch basins, swales or
other structures as may be necessary in the opinion of the
Director.
If, in the opinion of the Director, drainage or other prob-
lems occur during the development of the lands, the Owner
shall conduct at its ~ole expense such interim grading of the
lands as the Director shall require.
4)
The Owner agrees to sod the front, side and rear yards of
each of the lots except for paved or planted areas, upon the
completion of the construction of buildings thereon.
ROADWAY
(1)
The Owner shall, at his sole expense and within two (2) years
of the date hereof, construct a roadway on Part 5, Plan 40R-
6641 northerly from Barber Street approximately 55 metres to
a cul-de-sac.
(2
The construction of the roadway required by subsection (1),
above, shall include, but not necessarily be limited to, the
following:
(a)
cutting and clearing of all trees, bushes, shrubs and
other vegetation;
(b) rough grading;
(c)
installation of a proper road base for a 6.1 metre wide
road and a 12.8 metre radius turning circle, such base
to consist of 300 millimetres of Granular B material and
150 millimetres of Granular A material;
(d)
application of 76 millimetres of hot laid asphalt which
may be required by the Town's Director of Public Works
to be applied in more than one course;
(e)
the construction and sodding of ditches on each side of
the road base, such ditches to have a minimum depth of
0.6 metres below the centre line of the finished roadway
and to have a minimu~ side slope of 2 (horizontal) to 1
(vertical); and
(f)
installation of a street light at a location approved by
the Town's Director of Public Works.
(3
The construction of the proposed roadway shall be coordinated
with the installation of any proposed watermain and sanitary
sewer so that the installation of such a watermain and sani-
tary sewer shall precede the construction of the base for the
proposed roadway.
(4
Ail works required to be constructed by the Owner 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.
(5
The construction of driveway en~trances is not provided for in
this Agreement; the Owner agrees, however, that should a
driveway entrance or entrances be required for Parts 1, 2, 3
or 4, Plan 40R-6641, he shall apply to the Town for such an
entrance and comply with all the Town's requirements, finan-
cial or otherwise, with respect thereto.
ENTRY
For the purposes of complying with the provisions of this Agree-
ment, the Town hereby grants permission to the Owner, his employ-
ees, agents, contractors and workmen, to enter upon the lands
owned by the Town and known as Barber Street, provided however
that the Owner first obtains the Town's written approval to the
engineering drawings respecting the proposed roadway and appurten-
ances thereto.
- 5 -
10. 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 lands.
(2) The amount of the said Policy shall be $1,000,000.
(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 agrees
to pay the cost of such renewal or renewals within thirty
(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.
11.
GENERAL PROVISIONS SERVICES
The Owner agrees with the Town:
(a) Continuation of Existing Services
Where the construction of services herein involves a contin-
uation to existing services, to join into the same, including
adjustment of grades where necessary, in a good workmanlike
manner.
(b) Public Lands - Fill & Debris
To neither dump nor 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 the actual construction of roads in
the lands affected hereby without the written consent of the
Authority responsible for such lands.
The Owner shall, on request, supply the Town with an acknow-
ledgement from such Authority of the Owner's compliance with
the terms of this clause.
The Owner further agrees that there shall be no burning of
refuse or debris upon his lands or any public lands.
(c) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or quan-
titative 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 thirty (30) days of the account
being rendered by the Town.
(d) Relocation of Services
To pay the cost of relocating any existing services and
utilities caused by the work within thirty (30) days of
account for same being rendered by the Town.
the
GENERAL PROVISIONS - SERVICES (Cont'd)
(d) Relocation of Services (Cont'd)
Owner further agrees to similarly pay 'Lhe cost of moginc
':. ~-v:ices or utilities installed under his Agreement
v.~ or so close ehe'-eto, in the opi ,-.n of the
,~'~. ~ ' ~R,~ s, as to t, ~}['=cre with the .-.l of ~h~
' nless otherwise provided, to perform auy v.ork req0~ed ;,~ ::%
,lone under this Agreement to the :: .~cificai{ons off :~}:? ~ ,.,,,
in effect at the date hereof.
(f) Permanent
To provide ~n,~ ,,ck' at its own cost, permanent
location~ d~,,~:.n. ~c? by the Director of Public
Prior ho b~ ~ ~] a,'ceptance of the public services, o
supply tlw~ ?.~n with duplicate original drawings of the
Engineering Works for the services, with amendments, if any,
noted thereon.
L2. CONSTRUCTION & OCCUPANCY OF BUILDINGS
The Owner agrees that no building permit shall be issued
.n]y building or part of a building on the lands until
~i ~?osal and water faci] ', ies ~ls vaileble, and in the
~ ,~ on of the Directo~ t' ~b:~ ~orks, capable of provid
.a~e servJ ce.
~he Owner further agre's ,h,'t ~o kui]ding
lng on the lands shall ~ e ~,c,'n! led except
conditions:
or part of a build-
on the following
(a)
Sewage dYsposal and water facilities are installed and
in operation to serve adequately such building or part
thereof;
(b) A munich}al occupancy permit has been issued; and
(c) Electric service is completed and in operation.
(3)
The Owner further covn~,~nts ,nd agrees to na]ntain vehicular
access to all oc~ upied b~ildlo?s on the ]ands affected her~b-,
until the roads ~Jre formal!? a: ~nmed by the Town, and fur~h~~'
agrees to ot)ta~
of any ef the
C' ',} R?,L ~,OVISIONS - FIN7;~C] Al. ;dA'I'fERS
agrees with the Tuwn:
pay the taxes in 'i,]~ hhe ]an(~,'~ affected hereby,
~,quired by law [,om time to time.
- 7 -
13. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd)
(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.
(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) 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 documentation, including transfers.
14. 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 Onwer 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 secur-
ity into cash and hold the cash in lieu of and for the same
purposes as any further security.
15. MAINTENANCE OF SECURITIES
If the Town draws against any security provided by the Owner pur-
suant to the provisions hereof, thereby reducing the amount of the
security, then in that event, the Town may, at its option, require
the Owner to increase the amount of the security to any amount
equal to or less than the original amount, and the Owner shall so
increase the amount within ten (10) days of its receipt of the
Town's notice requiring same.
16. FINANCIAL PAYMENTS
(1)
The Owner
amount of
permit is
agrees to pay to the Town, a unit levy in the
$3,500 for each dwelling unit for which a building
received.
(2)
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.
- 8 -
16.
FINANCIAL PAYMENTS (Cont'd)
(4) A letter from the Clerk of the Town advising that the unit
levy has been paid shall be deemed to b~ a release of this
section for the lands referred to in the said letter.
17. TRANSFER OF ROAD
Upon the completion, to the satisfaction of the Town's Director of
Public Works, of the works required to be constructed pursuant to
section 2 hereof, the Owner shall convey to the Town, free and
clear of all encumbrances and at no cost to the Town, all of Part
5, Plan 40R-6641, and the Town shall dedicate those lands as
public highway.
18. INTERPRETATION
(1)
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.
(2) Time shall be of the essence of this Agreement.
19. BINDING EFFECT
This Agreement
benefit of and
and assigns.
and everything herein contained shall enure to the
be binding upon the Parties hereto, their successors
IN WITNESS WHEREOF, the Party of the First Part has hereunto affixed
its corporate seal, attested to by the hands of its proper officers in
that behalf fully authorized, and the Party of the Second Part has
hereunto affixed his hand and seal.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
In the presence of
KARSTEN SMITH
I, , :ars/en Smith, the
Ow~er herein, hereby consent to the execuLion .,ne entering into of this
Agreement by Karsten Smith and to the registra%Jon of the Agreement
upon the I~ ! ]e to the lands affected hereby and agree to be bound by
the ~ , · !! ,- ~aJd ~c!~:c, ement.
' ~<~ ~ntO set my hand and seal .his
at the Town of Picketing.
SIGNED, SEALED & DELIVERED
In the presence of