HomeMy WebLinkAboutLEG 06-15 •
Cali 00 g Report to
-;"; �; =� -- Council
PICKERING
Report Number: LEG 06-15
Date: May 19, 2015
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Mattamy (Seaton) Limited
- Model Home Agreement
- File: D-5000
Recommendation:
, 1. That Report LEG 06-15 of the Director, Corporate Services & City Solicitor be
received;
2. That the Mayor and City Clerk be authorized to execute the Model Home
Agreement as set out in Attachment 1 to this Report, subject to minor revisions
agreeable to the Director, Corporate Services & City Solicitor;
3. That appropriate City of Pickering officials be authorized to take the necessary
action to give effect thereto.
Executive Summary:
To facilitate construction of three model homes on lands owned by Mattamy (Seaton)
Limited ("Mattamy"), City staff have negotiated a Model Home Agreement with Mattamy
which ensures that the construction of the model homes, access road and servicing will
conform to City standards, that it will be subject to the subsequent approval of the
overall plan of subdivision within which the model homes are located, and that Mattamy
will post adequate security with the City to secure its obligations under the Model Home
Agreement.
Financial Implications: Not applicable
Discussion:
Mattamy wishes to proceed with,construction of three model homes, together with
approximately 100 m of access roadway and servicing within the Seaton development
area. The location of the model homes is shown on Attachment 2. Mattamy advises
that it is in the initial stages of its marketing process for Seaton, and that it hopes to
construct model homes at approximately the same time as it sets up its sales pavilion.
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LEG 06-15 May 19, 2015
Subject: Mattamy Model Home Agreement Page 2
Staff recommend that the construction of 3 model homes on Mattamy's lands should
proceed, provided that Mattamy enters into an agreement which requires it to remove
the model homes entirely and restore the site to the City's satisfaction if the model
homes do not meet the requirements of the City and the Region, including all applicable
zoning, engineering and subdivision approvals. Mattamy must also be required to post
adequate security for its obligations under the agreement. The draft Model Home
Agreement included as Attachment 1 to this Report includes all of these requirements,
and staff therefore recommend that it be approved by Council and signed by the Mayor
and the City Clerk.
Attachments: .
1. Model Home Agreement
2. Map of Model Homes Site
Pre• - :d/Endorsed By: Approved/Endorsed By:
' .,e/(•
■
Paul B gi.n Thomas E. elym
Directs r, Corps,rate Services & City Solicitor Director, City Development
PB:ks
Recommended for the consideration
of Pickering City Council
/ -%/i 74c.� 14, ZDl5
•
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
,51
Model Home Agreement dated this day of May, 2015.
This 9 y y' ATTACHMENT#__L
TO REPORT# ,C E�.,7 p(,-,IS
Between / .of. 5
Mattamy(Seaton)Limited
the"Owner"
-and-
The Corporation of the City of Pickering
the"City"
Whereas,the Owner is the registered owner of ,. [Note to Draft: To be•
described as parts on a reference plan] (the"Lands")and wishes todevelop the Lands by way of
a plan of subdivision; j
And Whereas, pursuant to Zoning By-law No. 7364/14,the Owner wishes to construct three(3) Model
Homes(the"Model Homes")on the Lands as well as certain under•ro'nd servicing (municipal or .
otherwise) in the lands that are proposed to be a municipal stree ha4 will abut the Model Homes and
AL will contain certain Regional works that may be subject to approval byv,the Regional Municipality of
Durham(the"Servicing");
And Whereas, conditional permits may only be issue en construction is occurring prior to the
registration of a plan of subdivision and prior to the issuance of adding permit the dwelling units
being constructed on the Lands; ( .•
And Whereas, in accordance with the Ontario Buf(ding Cb> .Ac..,s.8(3),the Owner requires a
conditional permit from the City to be ab e;to construct the Model
And Whereas,the City is of the opinion th the.Owner's proposa toc onstruct the Model Homes and
+"Q Servicing would not be in the public interest unless assurances we e given by the Owner that the
`ers referred to in this Agreement will bedone in a.manner satisfactory to the Director, City
_✓elopment and Chief Building Official as hereir 'ff r se forth;a'
And Whereas,the
?I '`..r re uirestthat this Agre:ment be entered into and registered on title to the
q
Lands as well as th a des in which the Servicing will be built, prior to, and as a condition of,the
issuance of the con onal'permits(pursuant to the provisions of section 8(3)of the Building Code
Act)required for ther'eonst action of he,.MModeeF Hom s. .
Now theref ro e?an consideration o#the sum o •Two Dollars($2.00) paid by the Owner to the City,
receip,, o which is a acknowledged b, the City,the parties agree as follows:
1. /The a�rties hereto hereby confirm and agree that the foregoing recitals are true, both in
1.subst ace and in fac"t,�.�, V
2. (l),..} Any rkortjsce requ red to be given in this Agreement shall be in writing, as follows:
to the O''''.. e . t:
Mattam Homes, East GTA Office, 30 Centurian Drive, Suite 200, Markham, ON L3R 8B8
. Attention: Craig Scarlett Sr. Project Manager, Fax No.: 905.946.8958
and to the City at: .
Pickering Civic Complex, One The Esplanade, Pickering, ON L1V 6K7 ,
Attention: Director, City Development, Fax No.: 905.420.7648
(2) Notice shall be sufficiently given if,
(a) delivered in person;
(b) sent by registered mail;or •
(c) sent by facsimile.
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(3) Each notice shall be sent during normal business hours, on a business day and shall be
deemed to have been received as follows:
(a) delivered in person—on the day it was delivered;
(b) sent by registered mail—on the third business day after it was mailed (excluding each
business day during which there existed any general interruption of postal services
due to strike, lockout or other cause); or
(c) sent by facsimile-on the next business day after it was sent.
(4) The Owner may change its address for notice by giving notice to the Director, City 'Development in the manner provided above.
3. (1) Whenever in this Agreement the pronoun"it"is used, it shall be read and construed as
"he", "she", "they", "him","her"or"them",and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Wherever in this Agreement the word"Director"is used, it shall mean the City's Director,
City Development, or designate.
4. The Owner hereby agrees: t """
(1) to assume all risks as a result of commencing construction o he Model Homes and the
Servicing prior to: /\,
.~ ,
(a) approval of engineering drawings fob he plan of s b�`divisior�'
1'\
(b) registration of the plan of subdivis brig.:n the Landis,and i..1 !t
(c) obtaining any approvals from authorities havingt. risdiction whiel are applicable to
the issuance of a building ermit under the B in Code Act,
/ 5
(2) that the Model Homes sha�U Fbe onn�tructed n accordance with site plans as approved by
the Director and Chief Building,Official. Such site plans shall be incorporated into written
alt v-_".. ,.
agreements to be made betwee +.tha,gty and the Owner registered on title to the Lands
and ultimately removed from title to theLands in accordance with the terms of such
• agreements; \„ \ N
c5, 1,- Ark .,)
(3) that the Modeel Homeswill be construced consistent with engineering drawings, grading
and serve ,ng requirements for the proposed plan of subdivision as approved by the
Director and ultimately registered on title'Regardless of whether or not such approval is
granted subsequ nt foie nstruTction`of ny Model Home, it is the responsibility of the
Owner to ensure that'tth�e ModelgHomes are constructed consistent with the said approval
41''t provid'eate porary measures to accommodate drainage to the satisfaction of the
r ' Division He dp Water Resources&Development Services;
(5) t t‘\+-
no trees :be removed from the Lands without the prior approval of the Director;
(6A that'h Owner ill not undertake any works related to the construction or installation of
any Servicing until either: (i)approval for and authorization to commence such Servicing •
has beegranted by the City of Pickering and, as required, by the Regional Municipality of
Durham ti'(ii)•the applicable subdivision agreement has been executed and the
authorization to commence work has been issued by the City of Pickering.
Notwithstanding City approval and Owner installation of the Servicing in accordance with
this Agreement, it is acknowledged and agreed by the Owner that the approval of the
Servicing hereunderwill, once obtained, be subject to the City's futureapproval of the
engineering drawings for the entire plan of subdivision. For greater certainty, approval for
and authorization to commence construction ofthe Servicing does not obligate the City to
. reconfigure servicing for the balance of the subdivision to accommodate the Servicing.
(7) to provide and maintain unobstructed access for Fire Department vehicles to all Model
Homes constructed under this Agreement at all times,from the time construction first
commences. The access route shall have a minimum width of 6 metres, a centre turning
line radius of 12 metres,and be capable of supporting Fire Department vehicles;
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(8) to permit no open air burning on the construction site;
(9) to keep an accessible and operational water supply for fire suppression purposes, to the •
satisfaction of the City's Fire Chief;
(10) to provide adequate, properly signed, off-street parking on the site to the satisfaction of the
City;
(11) to meet all of the City's conditions for conditional permit approval;
(12) to submit, prior to the registration of this Agreement, all required payments to the City
including the posting of a security deposit in the form of cash or letter of credit(in a form
satisfactory to the City's Treasurer)or an alternative form of security that is acceptable to
the City in the amount of$20,000.00 per Model Home. Sueli security shall be held to
cover the cost of:
(a) demolishing and removing the Model Homes, if necessary,
(b) clearing all debris/refuse,
(c) grading,seeding and leveling the Lands, •
(d) rectifying any unsafe site conditions following any sudemolition,
(e) additional inspections as set out in section 15(14)of Building By-law 7362/14,as
amended; and . �
(f) an administration fee as determined by thet,pirector, \ -
(13) to post, prior to applying for authorizatio9 Acommence nstructior the Servicing, a
security deposit(the`Security')in the formof cash or letter of credit(inform satisfactory
to the City's Treasurer)or an alternatilforrriof sec �ty that is acceptable to the City in�
the amount of$274,902 for the Servicing'. Su`ch,secunty shall be held to cover the cost of:
(a)demolishing an�,dx,ernoving t t elServicing�, if necessary,
(b)clearing all debris refuse,
(c) grading,seeding and le tiling the Lands /) .
(d) rectifying any unsafe site conditions following any such demolition, and
(e)additional inspections as set ouhin section 15(11)of Building By-law 7362/14,
y �a�s cnended,`� ,
(14) to stop th s�uk�,.��ect cons ruction and sew re the site from public access, if the Chief Building
Official,acting`reasonably, determines that a Building Code contravention exists that would
prevent t e lawful continua#�o ►of c4nstion or if the Fire Chief, acting reasonably,
dter.,ine that any�of the ModelfHomes constitute a danger to the health or safety of any
p'etso.n. \. `°
r° .
(FS)that the Cit s not, by rea°so' of the issuance of any conditional permit on the Lands, under
"' y obligation-o issue a riding permit relating to the complete building and service.
• connections thereto;
( ,6 to provide a surrey of the location of the building,as part of the complete permit
application,toe sure zoning compliance; , s
(17) to obtain aalliaapprovals prerequisite to the issuance of a building permit for the Model
Homes�ii r s.8(2) of the Building Code Act on or before (approx. 6
months from date of Agreement);
(18) to arrange and comply with all mandatory building and plumbing inspections required by
the City;
(19) to ensure that no construction material or debris associated with the construction of the
Model Homes or the Servicing will be stored or allowed to accumulate on any City or
Regional road;
(20) to provide the City with proof of insurance, in a form satisfactory to the City with respect to
the construction of the Model Homes in an amount of not less than$5,000,000.00 per
occurrence;and .
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(21) to permit inspection of the Servicing by City staff at such time or times during the
construction process as required by the City, it being understood that such inspections are
required as a precondition to assumption of the Servicing by the City
5. The Owner shall comply with all requirements of the Region of Durham. If upon review of final
approved engineering drawings and siting for the plan of subdivision it is determined by the
Director or by the Regional Municipality of Durham (the"Region"), acting reasonably,that any of
the Model Homes or the Servicing under this Agreement do not comply with regulations and
other requirements of the City or the Region (ex.zoning compliance,engineering approval of
subdivision),then the Owner agrees to assume full responsibility for completing such alterations
or reconstruction at its own expense or for taking such other steps are required to bring the
Model Homes and the Servicing under this Agreement into compliance. The Owner .
acknowledges that the City is not, by reason of the issuance of any conditional permits for any of
the Model Homes,or by reason of approval of any Servicing, un d'e, any obligation to provide
further approvals or permits relating to servicing or structures of njrkkind on the Lands,
however,the City shall provide the Owner with reasonable time to complete all required
alterations or reconstruction works at the Owner's own expense and/or pursue a Committee of
Adjustment application or a Rezoning application where to do so could solve the subject
compliance matter(s). In this regard, if such application(s)is/ate of successful or not pursued
to completion within a reasonable time as determined by the city, acting reasonably,then the
Owner covenants and agrees to redline the subdivision plan`to accommodate compliance to the
satisfaction of the Director, Planning and Development or, at the City's option,to demolish the
non-complying Model Homes and remove any Servicing ago cost 6'4e City. Should the
Owner neglect or refuse to demolish the said no< complyingModel Homes or to remove the
Servicing following the pursuit of all other optics contemplated herein-;and following receipt
of written notice from the City to do so,the Own'erhereby grants permission tothe City to enter
upon the Lands and the adjacent lands and to demolish t odel Homes<and remove the
Servicing at the Owner's expense,with the co eM
costs of'`suchdemolition and removal being added to
the tax roll and collected in the same`'Tmanner as taxes
4
6. The Owner hereby agrees thatno part of.;the Model Homes:shall be occupied for residential
purposes and no water, sanita or storm sewer service connection shall be made until after:
t / •
(1) the plan of subdivision relating to draft p1an`tSP-20009-13 is registered on the Lands;
\., t
(2) all applicable develoRnment charges and any other applicable fees(not already paidat the •
time of issuance of the'•conditional permit)have been paid to the City,the Region and the
• Durham Board of,Education; ^'
(3) aljwater supply, sanjtary wei and st m sewer servicing is complete, inspected, '
,operational avid approved for use bythe City and the Region;
. ti
4a
e.„.„----
the dwellIl gs.have dire tao ss to a public road,to the satisfaction of the Director and
Y Chief Buildings fficial; .
'(5) a ilding permi has been issued under s.8(2)of the Building Code Act,for service
connections, and
(6) satisfacto o`ecu anc final building and planting inspections of the Model Homes have
( ) �ry�• p Y, 9 P 9 � p
been made under the authority of the Ontario Building Code, as amended from time to time
and an'occupancy permit has been issued.
7. The Owner hereby releases and forever discharges the City from any and all claims or actions
of any kind of which it, its heirs, executors,successors or assigns may have arising out of the
City exercising any of its rights not to issue subsequent approvals,or to demolish and remove
the Model Homes and debris and to grade the Lands as set out under this Agreement.
8. The Owner hereby indemnifies and saves the City harmless against all actions, causes of
action,suits, claims,demands and costs whatsoever arising by reason of any matters arising
under the terms of this Agreement. _
9. The parties agree that the provisions of this Agreement shall be in addition to,and shall in no
way limit the City's rights as set out in the Planning Act.
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10. The Owner covenants and agrees to pay the City or to reimburse the City for registration fees
and administrative costs incurred by the City by reason of the registration of this Agreement on
title to the Lands.
i 1. The Owner hereby acknowledges that no assurance can be given by the City as to the timing of
the issuance of any required further approvals or permits.
12. The parties agree that the City has the jurisdiction to enter into this Agreement pursuant to the
provisions of the Building Code Act. The Owner agrees that it shall not question the jurisdiction
of the City to enter into, or enforce any of the terms Qr provisions of this Agreement,nor
question the legality of any portion thereof.
13. The Owner agrees that it shall not assign this Agreement (or noti
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. ATTACHMENTS �'TO REPORT# L U co—IS-
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