Loading...
HomeMy WebLinkAboutBy-law 2744/88 TIlE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2744 /88 Being a by-law to authorize the execution of a Development Agreement between James Carey and The Corporation of the Town of Picketing re- specting the development of Lot 43, Plan 1051, Pickering. (LD 706-710/87) WIIEREAS, by Decisions dated November 2, 1987, the Regional Municipality of Durham Land Division Committee approved a severance of five building lots from Lot 43, Plan 1051, Picketing subject to several conditions, one of which requires that the Town be satisfied financially and otherwise with respect to the proposed development: NOW TltEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: I. The Mayor and Clerk are hereby authorized to execute a Development Agree- ment in the form attached hereto as Schedule A, between James Carey and The Corporation of the Town of Picketing, respecting the development of Lot 43, Plan 1051, Picketing (I,D 706-710/87). BY-LAW read a first, second and third time and finally passed this 5th day of April, 1988~ 'Bruce Taylor, Clerk./ ToWN OF PiC~(ERINO r pPR0VED LEGAL DEP-r. TIIE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2744 /88 Being a by-law to authorize the execution of a Development Agreement between James Carey and The Corporation of the Town of Pickering re- specting the development of I,ot 43, Plan 1051, Pickering. (LD 706-710/87) WItEREAS, by Decisions dated November 2, 1987, the Regional Municipality of Durham Land Division Committee approved a severance of five building lots from Lot 43, Plan 1051, Picketing subject to several conditions, one of which requires that the Town be satisfied financially and otherwise with respect to the proposed development: NOW TIIEREFORE, the Council of The Corporation of the Town of Picketing ItEREBY 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, between James Carey and The Corporation of the Town of Picketing, respecting the development of Lot 43, Plan 1051, Picketing (I,D 706-710/87), BY-LAW read a first, second and third time and finally passed this Sth day of April, 1988~ uce Taylor, Cierl / ~TOWN OF ~IC}( ERINIG APPRO'qE-O LEGAL DEP'[. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2744 /88 Being a by-law to authorize the execution of a Development Agreement between James Carey and The Corporation of the Town of Pickering re- specting the development of Lot 43, Plan 1051, Pickering. (LD 706-710/87) WHEREAS, by Decisions dated November 2, 1987, the Regional Municipality of Durham Land Division Committee approved a severance of five building lots from Lot 43, Plan 1051, Picketing subject to several conditions, one of which requires that the Town be satisfied financially and otherwise with respect to the proposed development: 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 Development Agree- ment in the form attached hereto as Schedule A, between James Carey and The Corporation of the Town of Pickering, respecting the development of Lot 43, Plan 1051, Pickering (LD 706-710/87). BY-LAW read a first, second and third time and finally passed this 5th day of April, 1988. 'Bruce Taylor, Clerk/ --TOWN OF PICt< ER~NG ppRO'VED -LEGAL D E.~'~. Schedule A TttIS AGREEMENT made this day of , 1988. BETWEEN: JAMES tIERBERT CAREY hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF TIlE TOWN OF PICKERiNG hereinafter called the "Town" OF THE SECOND PART. WHEREAS, the Owner proposes to sever those parts of Loti43, Plan 1051, designated as Parts 2, 3, 4, 5 and 6, Plan 40R~11080, in the Town of.Picketing in the Regional Municipality of Durham, to create five building lots, one future road parcel and one retained parcel in accordance with the terms and conditions of the Regional Municipality of Durham Land Division Committee Decisions LD ?06-710187, each dated November 2, 1987; .:. NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the sum of $2.00 now paid by each Party to the other, receipt of 'which is acknowledged by each, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. LAND AFFECTED ~' The lands affected by this Agreement (the "Lands") are those parts of Lot 43, Plan 1051, Pickering, designated as Parts 2, 3, 4, 5, and 7, Plan 40R-11080. 2. OWNER'S GENERAL UNDERTAKING The Owner shall complete at his own expense and tn ~ good workmanlike man- ner, for the Town, all works as hereinafter set forth to the satisfaction of the Director of Public Works for the Town of Picketing, an.'(~ shall complete, perform or make payment for such other matters as may be provided for herein. ROADS - BOULEVARDS (1) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. (2) The Owner shall maintain and repair Applevtew Road and Dunbarton Road where construction has taken place or they are used by construction traffic serving the Lands and keep them clear of mud, dust, refuse, rubbish or other litter of all types. 4. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any building or site on the Lands, it shall be provided underground and in accordance with the standards and specifications of Pi~kering llydro-Electric Commission, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 5. COSTS OF ADJACENT SERVICES Prior to the registration of this Agreement, the Owner shall pay to the Town the sum of $8,818 in satisfaction of the Owner's obligation to install or provide sidewalks, curbs, boulevard improvements and street lighting improvements in or on Appleview Road and Dunbarton Road adjacent to the Lands. 6. PERFORMANCE & MAINTENANCE GUARANTEE (1) Prior to the issuance of any building permit for the construction of any dwelling unit on any part of the Lands, the Owner shah supply the Town with a $2,000 performance security in a form satisfactory to the Town for the purpose of, ~ guaranteeing the satisfactory construcHon, installation or perfor- mance of the works required hereunder with respect to that part; (b) guaranteeing the payment of any amoufit that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (c) guaranteeing all works, workmanship and materials for a period of two years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. ' ' (2) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which the security is provided has been completed, the sum shall secure the guar- antee of works, workmanship and materials, until the obligation to guar- antee has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. 7. DRAINAGE - SODDING (1) The Owner shall provide to the Town, prior to 'the issuance of any build- ing permit for the construction of any dwelling unit on any part of the Lands, a Lot Grading and Storm Water Management Plan prepared by an Engineer, establishing the proposed lot grading and storm water manage- ment techniques to provide for the proper drainage of the Lands. (2) The Lot Grading and Storm Water Management Plan shall be prepared in accordance with the Town's Lot Grading and Storm Water Management Specifications in effect at the date of this Agreement and is subject to the approval of the Director of Public Works and the' Metropolitan Toronto and Region Conservation Authority. ,:' '. (3) The grading of all lands shall be carried out by the Owner in accordance with the Lot Grading and Storm Water Management, Plan, under the super- vision of the Owner's Engineer. (4) If, In the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works tn the project by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other storm water management facilities as may be necessary to correct such problems. 8. 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 ts 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 Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notification be without effect within ten 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 shah include a management fee of 20% of the labour and material value, and'further, a fee of 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 paragraph is one of the considerations, without which the Town would not have executed this Agreement. ~ 9. TRANSFERS - STORM DRAINAGE EASEMENTS (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 drainage services both within the boundaries of the project and across lands adjacent thereto but outside its boundaries. (2) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1), above, shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the. registered owner of the lands across which the easement shall lie. 10. TRANSFERS - PART 7, PLAN 40R-11080 . (1) The Owner shall convey to the Town, free of all encumbrances and at no cost to the Town, upon the registration of this Agreement or within the six months immediately following the registration of this Agreement, Part 7, Plan 40R-1]080. (2) Upon the conveyance to the Town of the lands ,referred to in subsection (1),'the Town shall convey to the owner of Part 5, Plan 40R-11080, an easement over Part 7, Plan 40R-11080 for the rehreational use thereof by the owner of Part 5, Plan 40R-11080, and persons authorized by him. (3) At any time after December 31, 2002, if the Town has not dedicated and opened as public highway all of Part 7, Plan~ 40R-11080, the Owner of Part 5, Plan 40R-11080, may, by notice in writing addressed to the Town Clerk, require the Town to convey Part 7, Plan 40R-11080, to him and the Town shall do so within 60 days of the receipt of that notice, and such conveyance shall be at no cost to that owner. 11. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Continuation of Existin[s 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. (b) 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 compBance with the terms of sub- clause (i), above. (iii) That there shah be no burning of refuse or debris upon its lands or any public lands. (c) 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 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. ;. (d) 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. ~ (e) 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 designat- ed by the Director of Public Works. (f) Engineering Drawings To supply the Town with the original drawings ~of the engineering works for the project, with amendments, if any, noted thereon. 12. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No application for a building permit shall be made for any building or part of a building in the project until: (a) water facilities are available and capable of providing adequate service; and (b) the requirements of the Regional ilealth Services Department have been satisfied. (2) No building or part of a building 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 butlding shall be made except upon the following conditions: (a) sewage and water facilities are installed and in operation to adequately serve such building or part thereof; (b) the lot on which the building is located has been graded and all storm water management techniques and facilities have been applied or installed, in accordance with the Lot Grading and Storm Water Management Plan approved under section ?; and (C) electric service is completed and in operation. 13. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $3,500 per unit for each dwelling unit to be erected on Parts 2, 3, 4 and 5, Plan 40R-11080, and in the amount of $2,000 per unit for each dwelling unit to be erected on Part 5, Plan 40R-11080. (2) Payments of such levies shall be made to the Town from time to time as building permits are required. (3) 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. (4) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than 18 months from the date of registration of this Agreement. (5) A letter from the Clerk of the Town advising that the unit levy has been paid shall be deemed to be a release of this section for the lands referred to in the said letter. 14. GENERAL PROVISIONS - FINANCIAL MATTERS (a) Taxes To pay the taxes in full on all the Lands as required by law from time to time. (b) Interest To pay interest at the rate of 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) Re[~istration Fees To pay all registration costs incurred by the Town relating in any way to the registration of this Agreement or any other related document, includ- ing transfers, in the Land Registry Office. (d) Lien or Other Claims 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 claime do exist, the Owner ehall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 15. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSIIIP & MATERIALS Except as may be otherwise provided herein, the Owner shall complete the works required under this Agreement on or adjacent to any of Parts 2, 3, 4, 5 and 6, Plan 40R-11080 within eight months from the date of occupancy of the dwelling unit constructed on the Part and shall guarantee the workmanship and materials for a further period of two years from the date that the works are approved in writing by the Director of Public Works. 16. LICENCE TO ENTER The Owner shall retain a ltcence from any subseqnent purchaser of the Lands or any part thereof, to enter upon such lands in order to comply with the provisions of this Agreement. 17. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to, (a) the Owner at 1750 Appleview Road, Picketing, Ontario, LIV 1T8~ and (b) the Town, to the attention of the Town Clerk at 1710 Kingston Road, Picketing, Ontario, L1V 1C7 (on or before July 31, 1989) or 1 The Esplanade, Picketing, Ontario (on or after August 1, 1989), and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. 18. INTERPRETATION Whenever in this Agreement the word "Owner", or the pronoun "it" is used, it shall be read and construed as "Owner or Owners", and "his", al~er" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. 19. TIME Time shall be of the essence of this Agreement. 20. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto~ their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the Owner has hereunto set his hand and seal and the Town has hereunto affixed its Corporate Seal duly attested by its proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED In the presence of witness James tterbert Carey TIlE CORPORATION OF TIlE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk