HomeMy WebLinkAboutBy-law 2743/88 THE CORPORATION OF TIlE TOWN OF PICKERING
BY-I,AW NO. 2~/4 3/B8
Being a by-law to authorize the execution of a
Deve]opment Agreement between Northcastle
Investments Inc. and The Corporation of the
Town of P]ckering, respecting the development of
Block C, l)la~ M-1024, Picketing. (S 12/87)
WIIEREAS, as a condition of the approval of Site Plan Approval S 12/87, the Owner of
B]ock C, Plan M-1024, Pickering, is required to enter into an appropriate
DeveIopment Agreement with the Town;
NOW TttEREFORE, the Council of The Corporation of the Town of Pickering NEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Cleric are hereby authorized to execute a Development Agree-
ment in the form attached hereto as Schedule A, respecting the development of
Block C, Plan M-1024, Picketing (Northcastle Investments Inc.; S 12/87).
BY-LAW read a first, second and third time and finally passed this 5th day of April,
1988.
Bruce Taylor, Clerl(
TOWN OF
PICKER1NG
APPROVED
LEGAL D~.~I.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO, 2743/88
Being a by-law to authorize the execution of a
Development Agreement between Northcastle
Investments Inc. and The Corporation of the
Town of Picketing, respecting the development of
Block C, Plan M-1024, Picketing. (S 12/87)
WHEREAS, as a condition of the approval of Site Plan Approval S 12/87, the Owner of
Block C, Plan M-1024, Picketing, is required to enter into an appropriate
Development Agreement with the Town;
NOW TIIEREFORE, the Council of The Corporation of the Town of Picketing IIEREBY
ENACTS AS FOLLOWS:
]. The Mayor and Clerk are hereby authorized to execute a Development Agree-
ment in the form attached hereto as Schedule A, respecting the development of
Block C, Plan M-1024, Picketing (Northcastle Investments Inc.; S 12/87).
BY-LAW read a first, second and third time and finally passed this 5th day of April,
1988.
Bruce Taylor, Glerl{
TOWN O1::
PlCKERING
APi'ROV D
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2743/88
Being a by-law to authorize the execution of a
Development Agreement between Northcastle
Investments Inc. and The Corporation of the
Town of Pickering, respecting the development of
Block C, Plan M-1024, Picketing. (S 12/87)
WHEREAS, as a condition of the approval of Site Plan Approval S 12/87, the Owner of
Block C, Plan M-1024, Picketing, is required to enter into an appropriate
Development Agreement with the Town;
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 Agree-
ment in the form attached hereto as Schedule A, respecting the development of
Block C, Plan M-1024, Picketing (Northcastle Investments Inc.; S 12/87).
BY-LAW read a first, second and third time and finally passed this 5th day of April,
1988.
/' 7
Bruce Taylor, Clerl~
TOWN OF
~PICKERING
SCHEDULE A
THIS AGREEMENT made this day of , 1988.
BETWEEN:
NORTIICASTLE INVESTMENTS INC.
hereinafter called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to develop Block C, Plan M-1024, in the Town of
Picketing in the Regional Municipality of Durham to provide 215 condominium units
thereon;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town
approving the proposed development, and the covenants hereinafter expressed, the
Parties hereto covenant and agree one with the other as follows:
1. LAND AFFECTED
The land affected by this Agreement (the "Lands") is Block C, Plan M-1024,
Picketing.
2. CANCELLATION OF AGREEMENT
If the building permit for the first condominium unit to be erected on the Lands
is not issued on or before December 31, 1988, the Town may, at its option on
one month's notice to the Owner, declare this Agreement to be null and void
and of no further effect, and the Town shall not be liable for any expenses,
costs or damages suffered by the Owner as a result thereof.
3. NOTICE
Any notice required to be given hereunder may be given by registered mail
addressed to the other Party at its principal place of business and shall be
effective as of the second day immediately following the date of the deposit
thereof in the Post Office.
4. INTERPRETATION
Whenever in this Agreement the word "Owner" or the pronoun "it" is used, the
word or pronoun shall be read and construed as "Owner or Owners" or "it",
"his", "her" or "them", respectively, and the number of the verb agreeing
therewith shall be construed accordingly.
5. TIME
Time shall be of the essence of this Agreement.
6. BINDING PARTIES
This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Owner and the Town and their respective heirs,
executors, administrators, successors and assigns.
7. LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the Lands,
or any part thereof, to enter upon the Lands in order to comply with the
provisions of this Agreement.
8. OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good workmanlike man-
ner, for the Town, all the municipal services as hereinafter set forth to the
satisfaction of the Town of Picketing, and shall complete, perform or make
payment for such other matters as may be provided for herein.
9. 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 for the development of the plan of
subdivision.
(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.
10. STORM WATER DRAINAGE & MANAGEMENT
(1) The Owner shall construct a complete storm water drainage and manage-
ment system to service the Lands according to designs approved by the
Director of Public Works and according to the Town's specifications in
effect at the date hereof.
(2) Such system shall be connected to an outlet or out]ets according to de-
signs approved by the Director of Public Works. Should, in the opinion
of the Director of Public Works, an inadequate stream or structure exist
in the outlet system outside the Lands, the Owner shall carry out such
works as are necessary to provide an adequate outlet.
11. CURBS & GUTTERS
(1) The Owner shall reconstruct damaged curbs and gutters on the east side
of Picketing Parkway adjacent to the Lands, according to the Town's
specifications in effect at the date hereof and shall maintain them until
they are accepted by the Town.
(2) If a curb depression is not located correctly with respect to a drivewayj
the Owner shall construct a curb depression in the correct location and
fill in the original curb depression according to the specifications.
12. ROAD RECONSTRUCTION AND REPAIR
(l) The Owner shall maintain and repair Picketing Parkway where con-
struction has taken place and where it is used by construction traffic
entering the Lands and keep it clear of mud, dust, refuse, rubbish and
other litter of all types.
(3) The Owner shall erect and maintain adequate signs to warn all persons
using Pickering Parkway that construction is occurring: such signs and
the location thereof are subject to the approval of the Town's Director of
Public Works.
13. BOULEVARD GONSTRUGTION
(1) The Owner shall reconstruct and sod the boulevard on the east side of
Picketing Parkway adjacent to the Lands, according to the Town's speci-
fications in effect at the date hereof.
(2) The Owner shall keep the Picketing Parkway boulevard clear and free of
materials and obstructions which might interfere with the installation of
electric, telephone, gas or other utilities or the safe movement of vehicles
and pedestrians.
14. SIDEWALK
The Owner shall reconstruct any damaged sidewalk on the east side of Pickering
Parkway adjacent to the Lands according to the Town's specifications in effect
at the date hereof and shall maintain it until it is accepted by the Town.
15. ELECTRICAL SERVICES
Where electricity, cable television service or telephone service is to be provided
to the Lands, it shall be provided underground and in accordance with the
standards and specifications of Pickering Hydro-Electric Commission, Picketing
Cable T.V. Limited or Bell Canada, as the case may be.
16. INSPECTIONS
(1) All works required to be constructed, reconstructed or repaired by the
Owner, except those referred to in section 15, 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 (1) may include, but not necessarily
be limited to, salaries and wages of Inspectors, testing fees and adminis-
tration fees.
17. LIABILITY 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, naming the Town as an insured 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 the Lande
and elsewhere.
(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 Liability Insurance Policy, 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
(4) The Owner shall notify the Town of the dates for the payment of the
premium for the renewal of the policy and shall supply proof that the
premium has been paid in order that the protection provided by the
Liability Insurance Policy shall not lapse.
18. PERFORMANCE & MAINTENANCE GUARANTEE
(1) Before commencing the construction, installation or performance of any of
the works provided for herein, the Owner shall supply the Town with a
60% performance and maintenance security 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 perfor-
mance of the works~
(b) guaranteeing the payment of any amounts payable to the Town
under section 16 of this Agreement;
(c) guaranteeing the payment of any amount that the Town may be
required to pay under the provisions of the Construction Lien
Act, 1983, and
(d) guaranteeing all works, workmanship and materials for a period of
2 years from the date that the works are completed and such
completion acknowledged, in writing, by the Town.
(2) The Owner may, at any time after the first 50%, in value, of works have
been constructed, installed or performed, and paid for, apply for a
reduction in the 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 may 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 pay-
ment into court;
and
(c) seventeen per cent (17%) of the original value where,
(i) a certificate of final completion has been made by the
Owner's Consulting Engineer;
(ii) 45 days following the making of such certificate have
expired I 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 pay-
ment into court;
which seventeen per cent (17%) portion shall secure the guarantee of
works, workmanship and materials, until the obligation to guarantee has
expired, when the balance of the security shall be returned to the Owner
subject to any deductions for rectification of deficiencies.
(4) Upon the approval, if any, of a reduction in the amount of the security
the Town Manager or the Town Treasurer shall provide to the Owner any
necessary assurance to effect the reduction.
(5) Should the security expire during the term of this Agreement, the Owner
shall provide to the Town at least 30 days in advance of the expiry date
of that security, a further security to take effect upon the expiry, which
further security shall be to the satisfaction of the Town.
(6) Should no further security be provided as required, then the Town shall
have the right to convert the expiring security into cash and hold the
cash in lieu of and for the same purposes as the further security.
19. 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 the completion, 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 as defective or unsuitable, or shall the Owner in
any other manner, in the opinion of the Director of Public Works, make
default in performance of the terms of this Agreement, then in any such
case, the said Director of Public Works shall promptly notify the Owner
and his surety in writing of such default or neglect and if such notlfica-
tion be without effect within 10 clear days after such notice, then in that
case, the Director of Public Works shall thereupon have full authority 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.
(2) In cases of emergency, in the opinion of the Director of Public Works,
such work may be done without prior notice but the Owner shall be
forthwith notified.
(3) The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
(4) 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 fur-
ther, 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 consid-
erations without which the Town would not have executed this Agreement.
20. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approach
To pave the driveway approach between the curb and the lot line.
(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.
5
(c) Public Lands - Fill & Debris
(i) Neither to dump nor to permit to be dumped, any fill or debris
on, nor to remove or permit to be removed, any fill from any
public lands, without the written consent of the authority respon-
sible for such lands.
(ii) On request, to supply the Town with an acknowledgement from
such authority of the Owner's compliance with the terms of sub-
clause (i).
(iii) That there shall be no burning of refuse or debris upon the
Lands or any public lands.
(d) Qualitative or Quantitative Tests
The 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
caused by the works 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 Agreement in driveways or so close thereto,
in the opinion of the Director of Public Works, as to interfere
with the use of the driveway.
(f) 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) Temporary Signs
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 designa-
ted by the Director of Public Works.
(h) Engineering Drawings
Prior to the acceptance of the works, to supply the Town with the origi-
nal drawings of the works, with amendments, if any, noted thereon.
(i) Survey Monuments & Markers
Prior to the acceptance of the works, 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.
21. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) No building permit shall be issued for any building or part of a building
on the Lands until sewer and water facilities are available, and in the
opinion of the Director of Public Works, capable of providing adequate
service.
(2) No building or part of a building on the Lands shall be occupied except
upon the issuance of a municipal occupancy permit.
(3) No application for a municipal occupancy permit for a building or part of
a building shall be made except upon the following conditions:
(i) Storm sewer, sanitary sewer and water facilities are installed and
in operation to adequately serve such building or part thereof;
(ii) Electric service is completed and in operation;
(iii) A hard surface base has been laid on the road immediately in
front of the building or part thereof and extended to an existing
maintained public road~ and
(iv) Such curbs, as in the opinion of the Director of Public Works,
are required to be completed prior to occupancy have been con-
structed on the said road and extend to an existing maintained
public road.
22. DWELLING UNITS
In the event that more or less than 215 dwelling units are to be constructed on
the Lands, an amendment to this Agreement shall be required.
23. LEVY PAYMENTS
(1) Prior to the registration of this Agreement, the Owner shall pay to the
Town willingly and not under protest, unit levies in the amount of
$215,000 (calculated on the basis of $1,000 per dwelling unit).
(2) Subject to the provisions of subsection (3), the levies required to be paid
by the Owner to the Town pursuant to subsection (1) shall be paid in
cash or by certified cheque.
(3) Despite the provisions of subsection (2), recognizing that the Town
presently holds a letter of credit issued by the Royal Bank of Canada,
Toronto International Centre, being letter of credit number SB2-1250,
issued July 13, 1978, last renewed July 13, 1987 and expiring July 13,
1988, in the amount of $125,000, which letter of credit was provided to
the Town by Rockport Holdings Limited to secure the payment of such
levies payable in the development of Plan M-1024, Pickering, the Owner
may pay the levies payable pursuant to subsection (1) by providing to
the Town,
(a) a written consent from Rockport lloldings Limited allowing the
Town to draw upon that letter of credit in its full amount of
$125,000, and
(b) cash or a certified cheque payable to the Town, in the amount of
$90,000.
(4) Any payment by the Owner or by any person on behalf of the Owner, of
the sum of $215,000, either in cash or by certified cheque as set out in
subsection (2), or by providing the consent and certified cheque as set
out in subsection (3), shall be a full and final settlement between the
Town and the Owner of the Owner's obligation to make such payment to
the Town and in furtherance thereof, the Owner hereby agrees that,
(a) neither it, nor any person on its behalf, shall bring any action
against the Town for the return or recovery of that sum or for
any declaration as the Town's rights to seek, receive or retain
that sum; and
(b) should any action be brought the Town may plead the provisions
hereof in full and final answer thereto.
24. GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on the Lands as required by law from time to
time.
(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) Registration Fees
To pay all registration costs incurred by the Town relating in any way to
the registration of the plan of condominium or any other related documen-
tation, including transfers, in the Land Titles Office.
(d) Lien or Other Claims
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 work done or material supplied for
or on behalf of the Owner in connection herewith 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.
25. SITE PLAN/DEVELOPMENT CONTROL
(1) No development, including redevelopment, shall be undertaken on the
Lands except in conformity with this Agreement and with the following
plans and drawings (herein collectively called the "Plans~), prepared by
Maragna and Associate, Architects and Planners:
(a) Drawing No. Al, Site Plan, dated March 18, 1988;
(b) Drawing No. Al8, Elevations, dated March 18, 1988;
(c) Drawing No. Al9, Elevations, dated March 18, 1988;
(d) Drawing No. L1, Grading Plan, dated November 25, 1987;
(e) Drawing No. L2, Planting Plan, dated November 25, 1987;
(f) Drawing No. L3, Enlargements, dated November 25, 1987;
(g) Drawing No. L4, Details, dated November 25, 1987.
(2) The Owner shall maintain, in conformity with the Plans, to the Town's
satisfaction and at the sole risk and expense of the Owner, all of the
facilities and works that are both shown on the Plans and located on the
Lands, and shall ensure the timely removal of snow from access ramps,
driveways, parking and loading areas, and walkways.
(3) For the purpose of guaranteeing the maintenance by the Owner for two
years after installation of the facilities and works required to be main-
tained under subsection (2), above, the Owner shall provide to the
Town, prior to the issuance of a building permit for the first dwelling
unit to be erected on the Lands, a security in the form of an irrevocable
letter of credit issued by a chartered bank in Canada in the amount of
$90,000 which security may be drawn upon by the Town in such amounts,
and at such times as the Town, in its sole discretion, deems advisable,
should the Owner fail to maintain the facilities or works for that two year
period to the Town's satisfaction.
26. CONDOMINIUM DEVELOPMENT
Development of the Lands shall be effected only by plan of condominium.
27. TIME LIMITED FOR WORK & GUARANTEE FOR WORKMANStlIP & MATERIALS
(1) The Owner shall complete all works, services and requirements under this
Agreement within eighteen months of the date of 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, ser-
vices 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.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their corporate
seals, attested by the hands of their authorized officers.
SIGNED, SEALED & DELIVERED
NORTHCASTLE INVESTMENTS. INC.
THE CORPORATION OF THE TOWN OF PICKERING
John E. Anderson, Mayor
Bruce Taylor, Clerk
ENCUMBRANCER
This Agreement shall have priority over and take precedence over all o[ the
Encumbrancer'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.
Date at this day of , 1988.
SIGNED, SEALED & DELIVERED
COUNSEL TRUST COMPANY
ENCUMBRANCER
This Agreement shall have priority over and take precedence over all of the
Encumbrancer'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.
Date at this day of , 1988.
SIGNED, SEALED & DELIVERED
In the presence of
Robert John Pezzack, in trust
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