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HomeMy WebLinkAboutBy-law 3088/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.3088 /89 Being a by-law to authorize the execution of a Development Agreement between Robert William Rogers and The Corporation of the Town of Picketing respecting the development of Lot 62, Plan 1051, Pickering (Parts 1-6, Plan 40R-11764; A 19/88; LD 391/88). WHEREAS by decision dated November 7, 1988, the Regional Municipality of Durham Land Division Committee approved a severance of a building lot from Lot 62, Plan 1051, Picketing, subject to several conditions, one of which requires that the Town be satisfied in certain respects with respect to the proposed development; and WHEREAS in order to effect that severance, the owner has applied for and obtained from the Town, pursuant to the provisions of the Planning Act, 1983, S.O. 1983, chapter 1, section 34, an amendment to Zoning By-law 3036, affecting all of that lot, subject to conditions, one of which requires the Owner to enter into a Development Agreement with the Town; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Development Agreement in the form attached hereto as Schedule A, between Robert William Rogers and The Corporation of the Town of Pickering, respecting the development of Lot 6Z, Plan 1051, Picketing (Parts 1-6, Plan 40R-11764; A 19/88; LD 391/88). BY-LAW read a first, second and third time and finally passed this 3rd day of April, 1989. ayne Arff~fu~s, a~ror ~ TOWN OF PICKERING APPR0¥F_D LEGAL DEPT, THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.3088 /89 Being a by-law to authorize the execution of a Development Agreement between Robert William Rogers and The Corporation of the Town of Pickering respecting the development of Lot 62, Plan 1051, Picketing (Parts 1-6, Plan 40R-11764; A 19/88; LD 391/88). WHEREAS by decision dated November 7, 1988, the Regional Municipality of Durham Land Division Committee approved a severance of a building lot from Lot 62, Plan 1051, Pickering, subject to several conditions, one of which requires that the Town be satisfied in certain respects with respect to the proposed development; and WHEREAS in order to effect that severance, the owner has applied for and obtained from the Town, pursuant to the provisions of the Planning Act, 1983, S.O. 1983, chapter 1, section 34, an amendment to Zoning By-law 3036, affecting all of that lot, subject to conditions, one of which requires the Owner to enter into a Development Agreement with the Town; 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 Agreement in the form attached hereto as Schedule A, between Robert William Rogers and The Corporation of the Town of Picketing, respecting the development of Lot 62, Plan 1051, Pickering (Parts 1-6, Plan 40R-11764; A 19/88; LD 391/88). BY-LAW read a first, second and third time and finally passed this 3rd day of April, 1989. Wayne Ar~u,rs, ~a~or / Brdce Taylor//Cl~Pk ~I(~KERING APPROVED Schedule A THIS AGREEMENT made this 4th day of April, 1989. BETWEEN: ROBERT WILLIAM ROGERS hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to sever those parts of Lot 62, Plan 1051, designated as Parts 4, 5 and 6, Plan 40R-11764, in the Town of Picketing in the Regional Munic- ipality of Durham, to create one building lot in accordance with the terms and con- ditions of the Regional Municipality of Durham Land Division Committee Decision LD 391/88, dated November 7, 1988; and WHEREAS, in order to effect that severance, the Owner has applied for and obtained from the Town an amendment to Zoning By-]aw 303{) affecting all of that Lot, subiect to conditions, one of which requires the Owner to enter into this Agreement with the Town; 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 (herein called the "Lands") are Lot 62, Plan 1051, Picketing, now designated as Parts 1 to 6, both inclusive, Plan 40R-11764. 2. COSTS OF ADJACENT SERVICES Prior to the registration of this Agreement, the Owner shall pay to the Town the sum of $3,688 in satisfaction of the Owner's obligation to install or provide sidewalks, curbs, boulevard improvements and street lighting improvements in or on Appleview Road adjacent to the Lands. 3. DRAINAGE (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 that part of the Lands designated as Part 6, Plan 40R-11764, a Lot Grading and Storm Water Management Plan prepared by an Engineer, establishing the proposed lot grading and storm water management techniques to provide for the proper drainage of that Part. (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 in 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. 4. PERFORMANCE & MAINTENANCE GUARANTEE (1) Prior to the issuance of any building permit for the construction of any dwelling unit on that part of the Lands, designated as Part 6, Plan 40K-11764, the Owner shall supply the Town with a $2,000 performance security in a form satisfactory to the Town for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works required hereunder with respect to that Part; (b) guaranteeing the payment of any amount 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. 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 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 shail 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. 6. LOT DEVELOPMENT FEE Prior to the registration of this Agreement, the Owner shall pay to the Town a lot development fee in the amount of $4,000 for the lot to be comprised of Parts 4, 5 and 6, Plan 40R-11764. 7, 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) Registration 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 ho]dbacks, 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 ail claims, actions or demands for liens or otherwise and all costs in connection therewith. 8. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Except as may be otherwise provided herein, the Owner shall complete the works required under this Agreement on or adjacent to any of the Lands within eight months from the date of occupancy of the dwelling unit to be constructed on Part 6, Plan 40R-11764, and shall guarantee the workmanship and materials for a further period of two years £rom the date that the works are approved in writing by the Director of Public Works. 9. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to, (a) the Owner at 1826 Appleview Road, Picketing, Ontario, L1V 1TS; and (b) the Town, to the attention of the Town Clerk at 1710 Kingston Road, Picketing, Ontario, L1V 1C7 (on or before October 31, 1989) or Orfe The Esplanade, Picketing, Ontario, L1V 6K? (on or after November, 1, 1989), and shall be effective as of the second day immediately fo]lowing the date of the deposit thereof in the Post Office. 10. 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", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. 11. TIME Time shall be of the essence of this Agreement. 3 12. 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 Robert William Rogers THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk I, Marilou Rogers, spouse of Robert William Rogers the Owner herein, hereby consent to the execution and entering into of this Agreement by Robert William Rogers and to the registration of the Agreement upon the title to the lands affected hereby and agree to be bound by the terms of the said Agreement. IN WITNESS WHEREOF, I have hereunto set my hand and seal this __ day of , 1989, at the Town of Picketing. SIGNED, SEALED & DELIVERED In the presence of witness Marilou Rogers