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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: - 2 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. - 3 - 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