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HomeMy WebLinkAboutBy-law 1161/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NOMBE2 1161180 Being a by-law to authorize the execution of a Condominium Development Agreement between the Corporation of the Town of Pickering and 419201 Ontario Limited respecting the development of a condomin- ium plan in Lot 22, Concession 1, Pickering (Draft Plan 18-CDM-76057). WHEREAS 419201 Ontario Limited proposes to register a plan of condominium in part of Lot 22, Concession 1, Pickering; and WHEREAS that proposal has been approved by the Council of the Corporation of the Town of Pickering and the Minister of Housing, subject to several condi- tions, one of which requires the entering into of a satisfactory Condominium Development Agreement between 419201 Ontario Limited and The Corporation of the Town of Pickering; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Condominium Development Agreement, in the form attached hereto as Schedule "A", between the Corporation of the Town of Pickering and 419201 Ontario Limited, respecting the registration of a plan of condominium in Lot 22, Concession 1, Pickering (Draft Plan 18-CDM-76057). BY-LAW read a first, second and third time and finally passed this 7th day of July , 1980. TOWN PICKCRI r 'G APPROV U AS TO F . M i L t. C1eYk? SCHEDULE THIS AGREL•MNT made this BETWEEN: day of 419201 ONTARIO LIMITED hereinafter called the "Owner" , 1980. OF THE FIRST PART, - and - THE RPORATION OF THE TOTM OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS, the Owner proposes to register Draft Plan of Condominium 18CD1:-76-057, as revised, on part of I.ct 22, in concession 1, of the Town of Pickering, as a 33-unit townhouse condominium; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that - . consideration of the Town approving the proposed cor-'?,nin- ium and draft plan, and the covenants hereinafter exprrssed, the Parties hereto covenant and agree one with thu ocher as ..follows: "A" to By-law 1161/80 - 2 - 1 . LANDS AFFECTED The lands affected by this Agreement, hereinafter referred to as the "lands affected hereby" are those lands and premises more particularly des- cribed as follows: ALL AND SINGULAR that certain parcel or tract of land and premises, sit- uate, lying and being in the Town of Pickering in the Regional Municipal- ity of Durham and Province of Ontario and being composed of that part of Lot 22, Concession 1, designated as Part 1 on a plan of survey of record filed in the Land Titles Office for the Registry Division of Durham as Plan No. 40R-4653. 2 3. SCOPE OF AGREEMENT The Owner agrees to complete at its own expense and in a good workmanlike manner all the ser- vices as hereinafter set forth to the satisfac- tion of the Town, and to complete, perform or make payment for such other matters as may be provided for herein. CONSULTING ENGINEERS The Owner agrees to retain a Professional Engin- eer as the Consulting Engineer_ of the owner to carry out all the necessary engineering and generally supervise the work required to be done for the development of the lands affected hereby as a 33-unit townhouse condominium. Such Consulting Engineer or a shall continue to be retained provided for in this Agreement formally accepted or approved, be, by the Town. 4. STORM SEWERS successor thereto until the work is completed and as the case may The Owner agrees to construct a complete storm drainage system to service all the lands affec- ted hereby, all adjacent lands and adjacent road allowances and to provide capacity for any lands upstream of the development, according to designs approved by the Director of Public Works or his designate 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 or approved, as the case may be, by the Town. - 3 - 4. STORM SEWERS (Cont'd) Such sewers shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works or his designate and shall be of sufficient size and depth and at locations either within or outside the lands affected hereby to service the lands affected hereby and the aforementioned lands outside the lands affected hereby which, in the opinion of the Director of Public Works, will require their use as trunk outlets. Should, in the opinion of the Director of Public Works or his designate, an inadequate sewer stream or structure exist in the outlet system outside the development, the Owner may be required to carry out such works as are necessary to provide adequate outlets. The Town may connect or authorize connection into any part of the system but such connec- tion shall not constitute acceptance or approval of the sewer system by the Town. 5. ROADS - PAVED The Owner agrees to construct all the internal roads on the lands affected hereby according to the Town's specifications for such roads in effect at the date hereof including such boun- dary or approach roads as may be necessary to provide an adequate access. The specifications for boulevard grading, side- walks and sodding shall apply to existing roads adjacent to the said development. The Owner covenants and agrees that until assump- tion by the Town, it will maintain and repair roads both within or outside the lands affected hereby where construction has taken place or is used by traffic entering the development and keep them clear of dust, refuse, rubbish or other litter of all types. The owner will erect and maintain adequate signs to warn all persons using such roads that they have not been approved by the Town from the time that they are opened until formal approval by the Town. 6. CHANGE OF ROAD GRADE When, in the written opinion of the Director of Public Works, it is necessary to change the grade of existing Town roads adjacent to or abutting the lands affected hereby, the Owner agrees to grade the roads to subgrade and provide sufficient granular base for a standard two-lane - 9 - 6. CHANGE OF ROAD GRADE (Cont'd) roadway in the manner and at the time stipulated by the Director of Public Works or his designate and in accordance with the specifications of the Town. 7. CURBS & GUTTERS The Owner agrees to construct curbs and gutters on all the roads on and adjacent to the lands affected hereby excepting any adjacent Regional Roads and King's Highways, according to the specifications of the Town in effect at the date hereof and to maintain them until they are for- mally approved or accepted by the Town. If any curb depressions are not located correc- tly with respect to a driveway, the Owner shall construct a curb depression in the correct location and fill in the original curb depres- sion according to the said specifications. E. SIDEWALKS The Owner agrees to construct any sidewalks designated within the lands affected hereby and any sidewalks as are considered necessary on all existing roads adjacent to the lands affected hereby according to the specifications of the Town in effect at the date hereof and to maintain them until they are formally accep- ted by the Town. 9. UNDERGROUND ELECTRIC DISTRIBUTION & STREET LIGHTING Underground electric distribution services shall be provided for all purposes within the lands affected hereby according to standards and specifications approved by Ontario Hydro. The Owner shall make such financial arrange- ments as may be necessary with the Town and Ontario Hydro to cover this service. The Owner agrees to pay all costs of instal- lation of street lighting, including street lighting poles and other necessary appurten- ances for the lighting of all areas including boundary roads and pedestrian walkways which shall be designed and installed in accordance with Town Street Lighting Specifications, in effect at the time of this Agreement. - 5 - 10. INSPECTION OF WORK All works required to be constructed by the Owner shall be installed under the observa- tion of Inspectors employed by the Town and the Owner agrees to pay the costs incurred (Salaries and Expenses) therefor within thirty (30) days of their'being rendered. 11. FINANCIAL PAYMENTS The Town acknowledges that the owner, or a predecessor thereof, has paid to the Town, unit levies of $1,000 for each of the 33 units comprising the condominium development on the lands affected hereby, and the Town has accepted same in full satisfaction of any requirement or obligation to provide unit levy payments. 12. LIABILITY INSURANCE 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. 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 re-• newals within ten (10) 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 has been paid in order that the guarantee provided by the Liability Insurance Policy shall not lapse. 13. PERFORMANCE & MAINTENANCE GUARANTEE The Owner shall supply the Town with a Perform- ance and Maintenance Guarantee in a form satis- factory to the Town and in an amount determined by the Town, sufficient to guarantee the satis- factory completion of the work 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 Pub- lic Works or his designate. - 6 - 13. PERFORMANCE & MAINTENANCE GUARANTEE (Cont'd) Such performance and maintenance guarantee shall be in the form of a chartered bank's irrevocable letter of credit. The owner may, from time to time, apply for a reduction in the letter of credit and such reduction may be granted by the Town Manager upon written verification by the Director of Public Works or his designate that the ser- vices for which reduction is being sought have been satisfactorily completed. 14. CONSTRUCTION & OCCUPANCY OF UNITS The Owner agrees that no building permit shall be issued for any unit until sewer and water facilities are connected to existing facilities that are in operation and in the opinion of the Director of Pub- lic Works or his designate, capable of pro- viding adequate service. The Owner further agrees that no unit shall be occupied except on the following condi- tions-1. A municipal occupancy permit has been issued. 2. Hydro-electric construction is completed and in operation. 3. Curbs have been constructed and an asphalt base laid on the road immediately in front of the unit and both extended to an existing maintained public road. 4. Water meter(s) have been in- stalled. The owner further covenants and agrees to maintain vehicular access to all occupied units, and further agrees to obtain a sim- ilar cov3nant from any subsequent Owner of any of the lands affected hereby or units in the development. 15. DRAII4AGE - SODDING The Owner agrees to provide the Town, prior to the commencement of the development, with a Grading Control Plan prepared by the owner's Consulting Engineer establishing the proposed grading of the lands affected hereby to pro- vide for the proper drainage thereof and the drainage of all adjacent lands which drain - 7 - 15 16. DRAINAGE - SODDING (Cont_'d) through the development. The Grading Control Plan is to be prepared in accordance with the Town's Lot Drainage Spec- ifications in effect at the date of this Agree- ment. The grading of the lands affected hereby shall be carried out in accordance with such Grading Control Plan under the supervision of the Owner's Consulting Engineer. If, in the opinion of the Director of Public Works or his designate, drainage problems occur prior to formal acceptance or approval of the development by the Town, the Owner agrees to correct them by re-grading or by the construc- tion of catch basins, swales or other structures as may be necessary to correct such problems. The Owner agrees to sod the front, side and rear yards of each of the buildings or blocks except for paved or planted areas, upon the completion of the construction of buildings thereon. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Save as herein otherwise provided, the Owner agrees to complete the work required under this Agreement within the time limits speci- fied in the Schedule attached hereto as Sche- dule "A" and to guarantee the workmanship and materials for a period of two (2) years from the date that the works are approved in writing by the Director of Public Works or his designate. 17. INCOMPLETED OR FAULTY WORK If, in the opinion of the Director of Public Works or his designate, the Owner is not pros- ecuting 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 comple- tion, 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 or his designate as defective or unsuitable, or shall the owner in any other manner, in the opinion of the Director of Public Works or his designate, make default in perform- - 8 - 17. INCOMPLETED OR FAULTY WORK (Cont'd) ance of the terms of this Agreement, then in any such case, the Director of Public Works or his designate shall promptly notify the owner and his surety in writing of such de- fault or neglect and if such notification be without effect within seven (7) clear days after such notice, then in that case the Director of Public Works or his designate shall thereupon have full authority and power immediately 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 or his designate, such work may be done without prior notice but the Owner shall be forthwith notified. The cost of such work shall be calculated by the Director of Public Works or his des- ignate 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 further, 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 section is one of the con- siderations, without which the Town would not have executed this Agreement. 18. GENERAL PROVISIONS (a) Fencing To construct a fence of a type and heights specified by the Town along the portions of property lines of the lands affected hereby abutting lands designated for some other use as directed by the Director of Pub- lic Works or his designate. (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 workmanlike manner. (c) Public Lands - Fill & Debris To neither dump nor permit to be dumped, any fill or debris on, - 9 - 18. GENERAL PROVISIONS (Cont'd) (c) Public Lands - Fill & Debris (Cont'd) nor to remove or permit to be re- moved, any fill from any public lands without the written consent of the Authority responsible for such lands. The owner shall, on request, sup- ply the Town with an acknowledge- ment 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 the lands affected hereby or any public lands. (d) Qualitative or Quantitative Tests The Director of Public Works or his designate may have qualitative or quantitative tests made of any mat- erials which have been or are pro- posed 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. (e) Relocation of Services To pay the cost of relocating any existing services and utilities caused by the development work within thirty (30) days of the account for same being rendered by the Town. The Owner further agrees to simi- larly pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opin- ion of the Director of Public Works or his designate, as to interfere with the use of the driveway. (f) Pedestrian Walkways Where the Town requires a pedestrian walkway, to construct it according to plans and specifications approved by the Director of Public Works or his designate. (g) Taxes To pay the taxes in full on all the lands affected hereby, as required by law. - 10 - 18. GENERAL PROVISIONS (Cont'd) (h) Local Improvements Prior to the release of the condominium plan for registration, to prepay any outstanding local improvement charges which are levied against any of the lands on the plan. (i) Specifications Unless otherwise provided, any work required to be done under this Agree- ment shall be according to the spec- ifications of the Town. (j) Temporary Signs To provide and erect at its own cost, temporary signs at locations desig- nated by the Director of Public Works or his designate to the specifications of the Town. (k) Permanent Signs To provide and erect at its own cost, permanent signs at locations designa- ted by the Director of Public Woks or his designate to the specifications of the Town. (1) Licence to Enter To retain a licence from any subse- quent purchaser of the lands affected hereby to enter upon such lands in order to comply with the provisions of this Agreement. (m) Lien or Other Claims Upon applying for final acceptance or approval of the development, to sup- ply the Town with a Statutory Declar- ation that all accounts for wort: and materials have been paid, except nor- mal 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 in connection with the development or if such claims do exist, the Owner agrees to indemnify the Town against any claims, actions, or demands for mechanics' liens or otherwise and all costs in connection therewith. (n) Engineering Drawings Prior to the final acceptance or approval of the works, to supply the Town with copies of the original Engineering Drawings for the said works, with amendments, if any, noted thereon. - 11 - 18. GENERAL PROVISIONS (Cont'd) (o) Survey Monuments & Markers Prior to the acceptance or approval of the works by the Town, to supply a statement by an Ontario Land Sur- veyor that, after the completion of the works, he has found all stand- ard iron bars as shown on the regis- tered plan, and survey monuments at block corners, the ends of all curves (other than corner roun,dings). (p) Interest Interest at the rate of eighteen per cent (18%) per annum shall be payable by the Owner to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (q) Trees A schedule of the owner's tree plan- ting scheme shall be approved by the Director of Public Works or his des- ignate prior to the installation of any trees. A list of acceptable tree species will be provided by the Town. (r) Registration Fees The Owner agrees to pay all regis- tration costs incurred by the Town with respect to this development. (s) Cancellation of Agreement In the event the plan of condomin- ium is not registered within one (1) year from the date hereof, the Town may, at its option on one (1) month's notice to the Owner, declare this Agreement to be null and void. (t) Notice Any notice required to be given hereunder may be given by regis- tered mail addressed to the other Party at its principal place of business and sha7.3 be effective as of the date of the deposit thereof in the Post Office. - 12 - 19. Wherever 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, as the number and gender may require and the number of the verb agreeing therewith shall be construed accord- ingly. 20. The provisions in Schedules "A" and "B" attached hereto shall form part of this Agreement. 21. Time shall be of the essence of this Agreement. 22. 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 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 419201 ONTARIO LIMITED Per: Per: THE CORPORATION OF THE TOWN OF PICKERING Clerk - 13 - SCHEDULE "A" TIME LIMITS The time limit for the completion of the works herein shall be one year from the date of the registration of the plan of condominium. - 14 - SCHEDULE "B" 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 to the development 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. The construction of any services in such ease- ment or easements shall not commence until the easement has been acquired. 2. The amount of the Liability Insurance Policy required in section 12 of this Agreement shall be $1,000,000. 3. The amount of the Performance and Maintenance Guarantee as required in section 13 of this Agreement shall be $10,000. 4. The Town acknowledges that the owner, or a predecessor thereof, has paid to the Town the sum of $22,525 cash-in-lieu of the dedication of parkland and the Town has accepted same in full satisfaction of any requirement or obli- gation to dedicate parkland to it. 5. The Owner agrees that no trees are to be re- moved from the lands affected hereby until the Owner has submitted a survey illustrating the exact location and condition of all trees and the trees are designated by the Town as to their future status. 6. The Owner agrees that prior to the issuance of building permits for any of the 33 units, it shall submit architectural and site plans for approval by the Director of Planning or his designate. - 15 - SCHEDULE "S" (Cont'd) 7. The Owner agrees that, upon approval of the architectural and site plans, the proposed buildings and other works shown on the arch- itectural and site plans will be erected in conformance with those plans. It is understood and agreed that if building has not commenced within one year of the date of approval of the plans, the approved plans will become null and void and a new set of plans must be submitted for Town approval. 8. In lieu of the Owner constructing within the Town industrial/commercial buildings having a total floor area of not less than 33,000 square feet, which construction would other- wise entitle the Owner to 33 credits upon which the same number of residential build- ing permits would be issuable, the owner agrees to pay to the Town, prior to registra- tion of this Agreement, the sum of $30,000.00 less any amount or amounts already received by the 'Down to the credit of this development insofar as its aforesaid industrial/commercial component is concerned, and the payment of such sum shall entitle the Owner to the 33 residential building permit credits referred to. t rorH rN•?o r K o rm oPi xo ?r•r•rn p .Q a w It N H• x Oox :j p m H0 j P- P) LQ O P, to rt r rt ro• ? 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