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HomeMy WebLinkAboutBy-law 3974/92 THE CORPORATION OF THE TS)WN OF PICKERING BY-LAW NO._ 3974/92 Being a by-law to attthorize the execution of a Development Agreement between the Town and J.F. Coughlan Construction Co. Limited, In Trust attd Jeremiah Francis Coughlan respecting the development of lands south of Finch Avenue between Royal Road and Brock Road for a mix of uses including hotel, senior citizen housing, apartment dwellings, office, banquet and support commerical uses; A32/90) WHEREAS as a condition of the approval of Zoning By-law Amendment Application A32/90, the Council of The Corporation of the Town of Picketing requires that the Applicant enter into a Development Agreement pursuant to the provisions of the Planning Act, R.S.O. 1990, chapter P.13, and the Municipal Act, R.S.O. 1990, chapter M.45, respecting the development of lands south of Finch Avenue between Royal Road and Brock Road for a mix of uses including hotel, senior citizen housing, apartment dwellings, office, banquet and support commerical uses on those parts of Lot 19, Concession 1, Picketing, designated as Part I, Plan 40R-10048 and Part 3, Plan 40R-8663; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Development Agreement, in the form attached hereto as Schedule A, between the Town and J.F. Coughlan Construction Co. Limited, In Trust and Jeremiah Francis Cough]an respecting the development of those parts of Lot 19, Concession 1, Picketing designated as Part 1, Plan 40R-10048 and Part 3, Plan 40R-8663, being lands south of Finch Avenue between Royal Road and Brock Road for a mix of uses including hotel, senior citizen housing, apartment dwellings, office, banquet and support conwnerical uses; A32/90). BY-LAW read a first, second and third time and finally passed this 21st day of April, 1992. Brace ay or, Clerk TOWN OF PlCKERtNG APPROVED AS TO FORM LEGAL DEPT., THIS DEVELOPMENT AGREEMENT made April 21, 1992, BETWEEN: JEREMIAH FRANCIS COUGHLAN and J.F. COUGHLAN CONSTRUCTION CO. LIMITED. IN TRUST herein collectively called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE SECOND PART. WHEREAS the Owner prognoses to develop that part of .L. ot 19, Concession 1, in the Town of Picketing in the Regional Municipality of Durham bounded by Finch Avenue, Royal Road and Brock Road in accordance with the terms and conditions imposed by the Council of the Town in its npproval in principle of the Owner's application for rezoning designated as Application A32/90; NOW THEREFORE, THIS AGREEMENT W1TNESSETH, that in consideration of the Town approving the proposed development in principle and the covenants hereinafter expressed, the P~xties hereto covenant and agree one with the other as follows: The lands affected by this Agreement (the "Lands") are those parts of Lot 19, Concession i, Pickering, designated as Part 1, Plan 40R-10IM8 and Part 3, Plan 40R-8663. (1) Any notice given hereunder may he given by personal delivery or by registered mail addressed to the other Party at, (a) in the case of the Owner, LF. Coughlan, The President, $.F. Coughlan Construction Co. Limited, 27 Buggey Lane, Ajax, Ontario LIS 4S7 (b) in the case of the Town, The Clerk, The Corporation of the Town of Picketing, One The Esplanade, Picketing, Ontario LIV 6K7 and shall be effective if personally delivered as of the day immediately following the day of delivery, and if mailed as of the fifth day immediately following the date of the deposit thereof in the Post Office. (2) Each Party may redesignate the person or the address, or both, to whom or to which such notice may be given by giving written notice to the other. (3) Any notice given in accordance with this section shall be deemed to have been given on the first business day following the day of delivery or the day of mailing, as the case may he. Whenever in this. Agreement the word "Owner" or "Encumbrancer" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", "Encumbrancer or Encumbrancers" and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. Time shall be of the essence of this Agreement. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. PART 1 - CONSTRUCTION OF ADJACENT WORKS 6. OWNER'S GENERAL UNDERTAKING The Owner shall 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 Town and shall complete, perform or make payment for such other matters as may be provided for herein. 7. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done by this Agreement and for the development of the Lands. (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. (3) This provision shall not be construed so as to prevent the Owner from changing from one Consulting Engineer to another at any time or times during the development and construction of the project, so long as the Owner has a Consulting Engineer retained at all times. 8. ROADS (1) The Owner shall reconstmct Royal Road adjacent to the Lands, according to the Town's specifications for paved roads of the Town in effect at the date hereof. (2) Until assumption by the Town, the Owner shall maintain and repair Royal Road and all other roads where construction has taken place or that are used by construction traffic entering the Lands and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using Royal Road that the maintenance of it has not been assumed by the Town. 9. C_UR~5~O_IJ~T~R5 (1) The Owner shall construct curbs and gutters on Royal Road according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a driveway, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the said specifications. 2 10. SIDEWALKS The Owner shall construct a sidewalk along the east side of Royal Road, the south side of Finch Avenue, and the west side of Brock Road, adjacent to the Lands and shall maintain them until they are formally accepted by the Town. 11. BOULEVARDS The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities, and shall repair, re-sod or re-landscape any boulevard adjacent to the Lands that is damaged during the development of the Lands. 12. STREET LIGHTING (1) The Owner shall upgrade street lighting, including poles and other necessary appurtenances adjacent to the Lands on Brock Road, Finch Avenue and Royal Road. (2) Electrical service for street lighting shall be provided underground and not aboveground. (3) Street lighting and its related electrical service shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. (4) The installation of street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 13. INSPECTIONS (1) Prior to the registration of this Agreement, the Owner shall pay to the Town the sum of $1,500 as an engineer'mg drawing inspection fee. (2) All works required to be constructed hereunder by the Owner, except those referred to in section 12, shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and arhninistration fees. 14. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Certificate of Insurance, in form satisfactory to the Town, verifying that a General Liability Insurance Policy is in place insuring itself and the Town and 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 or in its Lands and elsewhere pursuant to this Agreement. (2) The amount of the Policy shall be $5,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of the Policies, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewal or renewals within 30 days of the account therefor being rendered by the Town. (4) The Owner shall notify the Town of the dates for the renewal of the Policies and to supply proof that the renewal premiums have been paid in order that the protection provided by the Policies shall not lapse. 15. PERFORMANCE & MAINTENANCE GU~EE (1) Before commencing the construction, installation or performance of any of the works provided for in Part 1 of this Agreement, the Owner shall supply the Town with an 80% performance and maintenance security by irrevocable letter of credit in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or performance of the works that are required of it in Part 1 of this Agreement; (b) guaranteeing the payment of any amounts payable by it to the Town hereunder; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act in respect of works that are required of it hereunder, and (d) guaranteeing all works, workmanship and materials that are required of it hereunder for a period of 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, at any time after the first 50%, in value, of works that are required of it have been constructed, installed or performed, and paid for, apply for a reduction in its 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 shall reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 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 payment into court; and (c) seventeen per cent (17%) of the original value where, (i) a certificate of final completion has been made by the Consulting Professional Engineer; (ii) 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 payment into court; which seventeen per cent (17%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to ~uarantee has expired, when the balance of the security shall be returned subjec~ ~u ashy Oeductions for rectification of deficiencies. (4) 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 any necessary assurance to effect the reduction. 4 16. TIME LIMITED FOR WORK & GUARANTEE OF WORKMANSHIP & MATERIALS (1) The Owner shall complete all works, services and requirements under this Agreement within two years of the registration of this Agreement. (2) The Owner shall guarantee all works, workmanship and materials employed or used in the construction, installation or completion of all works, services and requirements under this Agreement for a period of two years from the date that the works, services and requirements are approved in writing by the Town. 17. 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 its completion, or unreasonably delay it 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 Town's Director of Public Works or Director of Community Services and Facilities as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Town's Director of Public Works, make default in performance of the terms of this Agreement, then in any such case, the Town's Director of Public Works shall promptly notify the Owner, as the case may be, in writing of such default or neglect and if such notification be without effect within l0 clear days after such notice, then in that case, the Town's Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such wonVanen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or its surety, or both. (2) In cases of emergency, in the opinion of the Town's Director of Public Works, such work may be done without prior notice but the Owner shall be notified forthwith. (3) The cost of such work shall be calculated by the Town's Director of Public Works whose decision shall b~ final. (4) 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 considerations, without which the Town would not have executed this Agreement. 18. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk to the Town's specifications for paved roads. (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 dum.p nor to permit to be dumped, any fdl or debris on, nor to remove or perrmt to be removed, any fill from any public lands, other than in the actual repair of roads without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of compliance with the terms of subclause (i). (iii) That there shall be no burning of refuse or debris upon the Lands or any public lands. 5 (d) Qualitative or Quantitative Tests The To,~'n's 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 services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. (e) Relocation of Services (i) To pay the cost of relocating any existing services and utilities within 30 days of the account for same being rendered by the Town. (ii) Similarly to pay the cost of moving any services or utilities installed under this Agreemem in driveways or so close thereto, in the opinion of the Town's Director of Public Works, as to interfere with the use of the driveway. (0 Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (g) ~ 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 designated by the Town's Director of Public Works. (h) P_eamaaeaxt_~g~ To provide and erect at their own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designated by the Town's Director of Public Works. (i) ~ Prior to the final acceptance of the works, to supply the Town with the original drawings with amendments, if any, noted thereon. (.j) 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 or re-established all standard iron bars and survey monuments delineating the boundaries of the Lands. PART 2 - ON-SITE DEVELOPMENT 19. PERMrITED DEVELOPMENT (1) Despite the provisions of any restricted area (zoning) by-law, the Owner shall not establish on the Lands any hotel support commercial use except in conjunction with a hotel. (2) Despite the provisions of any restricted area (zoning) by-law, the Owner shall not establish on the Lands any office support retail use except in conjunction with office USES. (3) Phasing of the development of the Lands may be permitted provided that any residential component is constructed as part of the first phase of the development. 20. GENERAL PROVISIONS - FINANCIAL MATrERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the Lands as required by law from time to time. 6 (b) 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. (c) To pay all registration costs incurred by the Town relating in any way to the registration of this Agreement or any other related documentation in the Land Registry and Land Titles Offices. (d) ' ' 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 shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 21. EXPIRY OF LETTERS OF CREDIT (1) Should any letter of credit 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 lea~t 30 days in advance of the expiry date of that letter of credit a further letter of credit to take effect upon the expiry. (2) Such further letter of credit shall be in a form satisfactory to the Town. (3) Should no such further letter of credit be provided as required, then the Town shall have the right to convert the expiring letter of credit into cash and hold the cash in lieu of and for the same purposes as any further letter of credit. IN WITNESS WHEREOF, Seremiah Francis Coughlan has hereunto affixed his hand and seal and J.F. Coughlan Construction Co. Linaited, In Trust and The Corporation of the Town of Picketing have hereunto aff'med their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED In the presence of Jeremiah Francis Coughlan J.F. COUGHLAN CONSTRUCTION CO. LIMITED, IN TRUST Jeremiah Francis Coughlan, President THE CORPORATION OF THE TOWN OF PICKERING Wayne Anhurs, Mayor Brace Taylor, Clerk ENCUMBRANCER - MARGARET ELIZABETH ANN ANNAN This Agreement shall have priority over and take precedence over all of Margaret Elizabeth Ann Annan's 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. Dated at this day of ,1992. SIGNED, SEALED & DELIVERED In the presence of Margaret Elizabeth Ann Annan 8