HomeMy WebLinkAboutBy-law 3242/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3242 /89
Being a by-law to authorize the execution of a
Development Agreement respecting Part Lot 29,
Concession 1, Picketing, (Parts 1 and 2, Plan
40R- ) to provide for the development of 96
townhouses and 45 apartments.
WHEREAS, pursuant to the provisions of the predecessor of section 40 of the Planning
Act 1983, S.O. 1983, chapter ], the Council of The Corporation of the Town of
Picketing enacted By-law 1079/80 on January 21, 1980, designating the whole of the
area of the Town of Pickering as a site plan control area;
WHEREAS as a condition of the approval of Rezoning Application A 18/88, the Town
requires Karvon Construction Limited to enter into a Development Agreement, prior to
the development of that part of Lot 29, Concession 1, Pickering, designated as Parts
1 and 2, Plan 40R- ;
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 The
Corporation o£ the Town of Pickering and Karvon Construction Limited,
respecting the development of 141 dwelling units (96 townhouses and 45
apartments) in that part of Lot 29, Concession l, Picketing, designated
as Parts I and 2, Plan 40R- (A 18/88, S 4/89)
BY-LAW read a first, second and third time and finally passed this ~ day of Au-
gust, 1989.
Wayne ArtJ;~4rs, May~or
APPRO £D
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3242 /89
Being a by-law to authorize the execution of a
Development Agreement respecting Part Lot 29,
Concession 1, Pickering, (Parts 1 and 2, Plan
40R- ) to provide for the development of 96
townhouses and 45 apartments,
WHEREAS, pursuant to the provisions of the predecessor of section 40 of the Planning
Act 1983, S.O. 1983, chapter 1, the Council of The Corporation of the Town of
Picketing enacted By-law 1079/80 on January 21, 1980, designating the whole of the
area of the Town of Picketing as a site plan control area;
WHEREAS as a condition of the approval of Rezoning Application A 18/88, the Town
requires Karvon Construction Limited to enter into a Development Agreement, prior to
the development of that part of Lot 29, Concession 1, Picketing, designated as Parts
I and 2, Plan 40R- ;
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
Corporation of the Town of Picketing and Karvon Construction Limited,
respecting the development of 141 dwelling units (96 townhouses and 45
apartments) in that part of Lot 29, Concession 1, Picketing, designated
as Parts 1 and 2, Plan 40R- (A 18/88, S 4/89)
BY-LAW read a first, second and third time and finally passed this 8/t'h day of Au-
gust, 1989.
Wayne Artj~Yirs, May~or
ToWN OF
-APPRO'vED
LEGAL
Schedule A
THIS AGREEMENT made this 8th day of August, 1989.
BETWEEN:
KARVON CONSTRUCTION LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3242 /89
Being a by-law to authorize the execution of a
Development Agreement respecting Part Lot 29,
Concession 1, Picketing, (Parts 1 and 2, Plan
40R- ) to provide for the development of 96
'-"- townhouses and 45 apartments.
WHEREAS, pursuant to the provisions of the predecessor of section 40 of the Planning
Act 1983, S.C. 1983, chapter 1, the Council of The Corporation of the Town of
Picketing enacted By-law 1079/80 on January 21, 1980, designating the whole of the
area of the Town of Picketing as a site plan control area;
WHEREAS as a condition of the approval of Rezoning Application A 18/88, the Town
requires Karvon Construction Limited to enter into a Development Agreement, prior to
the development of that part of Lot 29, Concession 1, Picketing, designated as Parts
I and 2, Plan 40R- ;
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
Corporation of the Town of Picketing and Karvon Construction Limited,
respecting the development of 141 dwelling units (96 townhouses and 45
apartments) in that part of Lot 29, Concession 1, Picketing, designated
as Parts 1 and 2, Plan 4OR- (A 18/88, S 4/89)
BY-LAW read a first, second and third time and finally passed this ~dsy of Au-
gust, 1989,
generally the work required to be done hereby 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.
4. BOULEVARDS - WHITES ROAD/FINCH AVENUE
The Owner shall keep the Whites Road and Finch Avenue boulevards adjacent to
the Lands clear and free of materials and obstructions which might interfere
with the free and safe installation of electric, telephone, gas or other utilities.
5. SIDEWALKS
(1) The Owner shall construct a sidewalk along Finch Avenue and Whites
Road adjacent to the Lands, to the specifications of the Town,
(2) Despite the provisions of subsection (1), where the occupancy of the first
dwelling unit occurs in November or December of any year, the time limit
for construc}ion of the adjacent sidewalk segment shall be extended to
$.une 30 in the following year.
(3) The Owner shall maintain the sidewalk until it is formally accepted by the
Town.
6. 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 Picketing Hydro-Electric
Commission, Picketing Cable T.V. Limited or Bell Canada, as the case may be.
7. STREET LIGHTING
(1) The Owner shall upgrade street lighting, including installation of addi-
tional poles and other necessary appurtenances if necessary, on Whites
Road and Finch Avenue adjacent to the Lands.
(2) New electrical service for street lighting shah 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.
8. INSPECTIONS AND ENGINEERING DRAWING INSPECTION FEES
(1) Prior to the issuance of the first building permit to be issued after the
date hereof to allow the construction of a building on the Lands, the
C~wve. .u.,, i~?y to .*~- Town the sum of $4,935 as an engineering drawing
inspection fee.
(2) All works required to be constructed hereby by the Owner, except those
referred to in section 6, above, 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), above, may include, but not
necessarily be limited to, salaries and wages of Inspectors, testing fees
and administration fees.
9. LIABILITY INSURANCE
(1) Before commencing any of the work provided for herein, the Owner shall
supply the Town with a Liability Insurance Policy in a form satisfactory
to the Town, 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.
(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 such 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
Town.
(4) The Owner shall notify the Town of the dates for the renewal of the
premium of the said policy and shall supply proof that the premium of the
said policy has been paid in order that the protection provided by the
Liability Insurance Policy shall not lapse.
10. PERFORMANCE & MAINTENANCE GUARANTEE
(1) Save as herein otherwise provided, the Owner shah complete the works
required under this Agreement within two years from the date of
registration of this Agreement 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.
(2) Before commencing the construction, installation or performance of any of
the works provided for herein, the Owner shall supply the Town with a
$40,000 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;
(b) guaranteeing the payment of any amounts payable to the Town
under section 8 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
two years from the date that the works are completed and such
completion acknowledged, in writing, by the Director of Public
Works.
(3) Upon written verification from the Director of Public Works that the
construction, installation or performance of the works has been satisfac-
torily completed and paid for, the security shall secure the guarantee of
works, workmanship and materials, until the obligation to guarantee has
expired, when the security shall be returned to the Owner subject to any
deductions for rectification of deficiencies.
11. DRAINAGE - SODDING
(1) The Owner shall provide to the Town, prior to the issuance of any permit
by the Town to allow the construction of a dwelling unit or units on the
Lands, a Lot Grading and Storm Water Management Plan prepared by the
Owner's Consulting Engineer, establishing the proposed lot grading and
storm water management 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
3
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 Consulting 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.
(5) The Owner shall sod all exterior areas of the Lands, except for paved,
planted or treed areas, upon the completion of the construction of the
buildings thereon,
12. 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 w~thin 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 shah 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 shah 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 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.
13. TRANSFERS - 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 neces£~y ~- th?, .... ' ' .... ~ .-tcr~ drainage or management facil-
ities 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) 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.
4
14. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Pavin~ of Drivew.ay Approaches
To pave the driveway approaches between the edge of the travelled por-
tion of the adiacent road and the lot line.
(b) Continuation of Existing Services
Where the construction of services herein involves a continuation to
existing ssrvices, to loin into the same, including adjustment of grades
where necessary, in a good and workmanlike manner.
(c) Public Lands - Pill & 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-
clau~e (i).
(iii) That there shall be no burning of refuse or debris upon its lands
or any public lands,
(d) /~.ualitative 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 hy 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 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 Si[~ns
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.
(h) Engineering Drawings
To supply the Town with the original drawings of the engineering works
for the project, with ar~m~nts, ii ~-~, noted thereon.
15. CONSTRUCTION AND OCCUPANCY OF BUILDINGS
(1) No application for a building permit shall be made for any building or
part of a building to be located on any of the Lands,
(a) until sanitary sewer and water facilities are available and capable
of providing adequate service for the Lands;
5
(b) unless the Lands, their use, and the resulting building to be
located thereon conform in all respects to the requirements,
standards and specifications of the applicable Zoning By-law; and
(c) this Agreement has been registered by the Town on title to the
Lands.
(2) No building or part of a building shah 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:
(a) sanitary and storm sewage and water facilities are installed and in
operation to adequately serve such building or part thereof;
(b) the Lands have been graded and all storm water management
techniques and facilities have been applied or installed, in accor-
dance with the Lot Grading and Storm Water Management Plan
approved under section 11; and
(c) electric service is completed and in operation.
16. FINANCIAL PAYMENTS
(1) Prior to the registration of this Agreement, the Owner shall pay to the
Town the sum of $370,050 in satisfaction of the Owner's obligation to pay
to the Town a unit levy for each of the 141 dwelling units (96 townhouses
and 45 one or two bedroom apartments) to be erected on the Lands.
(2) Prior to the registration of this Agreement, the Owner shall pay to the
Town, the sum of $148,050 as the Owner's contribution to the Town's
district and community parkland requirements.
17. 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) Local Improvements
Prior to the registration of this Agreement, to commute and prepay out-
standing local improvement charges levied against the Lands.
(c) 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.
(d) 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.
6
(e) 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
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.
18. RESERVED FUTURE DEVELOPMENT PART - PART 2
That part of the Lands designated as Part 2, Plan 40R-XXXXX shall be re-
served for future development in conjunction with the adjacent lands to the
south.
19. APPROVED SITE PLANS
(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 called the "Plans"):
Dw[/. No. .Dwi. Title Date Last Revised
(a) A.1 Site Plan Dec. 13/88 June 1/89
(b) A4 Apartment Building Dec. !2/88 June 1/89
North Elevation
West Elevation
(c) A5 Apartment Building Dec. 22/88 June 1/89
South Elevation
East Elevation
(d) A.11 Common Building Dec. 19/88 June 1/89
Elevations
(e) A13 Townhouse March 29/88 June 1/89
Front Elevations
Garbage Room
(f) A.14 Typical Townhouse Dec. 21/88 June 1/89
Elevation
(g) A20 4-Plex Elevations Feb., 1989 June 1/89
(h) D.1 Luminaire Dayform June, 1989
Century
prepared by Dharam Malik Architects & Planners, and
(i) LA.1 Landscape Plan Dec. 14/88 June 12/89
prepared by NAK Design Group Landscape Architects, and
(j) 1 General Plan November, 1988 April 24/89
(k) 2 Grading Plan November, 1988 Jan. 18/89
prepared by Bryan Thomas & Associates Inc., Consulting Engineers.
(2) The Owner shall maintain, to the Town's satisfaction and at the sole risk
and expense of the Owner, all of the facilities and works shown on those
Plans and shall ensure the timely removal of snow from access ramps and
driveways, parking and loading areas, on-site walkways and sidewalks.
7
(3) If installation or construction of the facilities and works has not com-
menced within two years of the date hereof, the Plans must be
re-submitted to the Town for approval prior to any installation or con-
struction commencing.
20. LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the Lands
or any part thereof, to enter upon such lands in order to comply with the
provisions of this Agreement.
21. 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.
2Z. INTERPRETATION.
Whenever in this ~greement 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.
23. TIME
Time shall be of the essence of this Agreement.
24. CANCELLATION OF AGREEMENT
In the event this Agreement is not registered and all pre-conditions to registra-
tion contained herein complied with on or before December 31, 1989, 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.
25. BINDING PARTIES
This Agreement and everything herein contained shall enure 'to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective
corporate seals, duly attested by their proper authorized officers.
SIGNED, SEALED & DELIVERED
KARVON CONSTRUCTION LIMITED
Nicholas Karababas, President
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
8
ENCUMBRANCER - CANADA LIFE MORTGAGE SERVICES LTD. ("CANADA LIFE")
This Agreement shall have priority over and take precedence over all of Canada Life's
rights and 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,
or any part of them, prior to the registration of this Agreement.
Dated at this day of , 1989:
SIGNED, SEALED & DELIVERED
CANADA LIFE MORTGAGE SERVICES LTD,
9
Toronto, Onlario M6J 101 Co-operalive Housing Foundalinn
RECEIVED
June 21, 1989 J~ ~6 1989
SOLICITOR
~.NTON~ ~^~ TOWN OF PICKERING
~,&~. Mayor krthurs and He.bets of Co~cil _
~-~o[1~ The Corporation of the T~ of Picketing
II[[D~TO~[ 1710 Kingston Road
~,~E.nC;LU~ Pickering, Ontario
mRc', c H.' LiV 1C7
A~ention: Timothy Sheffield, T~n Selicitor
~,~m c~(,v~ Re: Willi~ Pe~ g~o~ra[ive i~ Inc
A(;IN('OU"T Develo~nt ~mt ~t~ W.~ C~st~ti~
IRIIlIiWE~ L/mit~ ~d the T~ of Picketing
~;~:~.u.N [~aaa J~ ihs resource ~rou~ ac[J~ as develo~n[
N'~N~kLKFPI&(F to Willi~ Pe~ Co-operative Homes for the develo~nt of their
w~N.~. 141 ~it residential develo~n[ at the south ~st co~er of
~w~,,~.~rr Whites Road ~d Finch Avenue.
,ON~V,,~W Thro~h negotiations initiated by L~tana. the site ~ acquired
~v.r.c,:-s,,,~ by Karvon Construction Limited in January of 1~ for the
C~S~Em,~;~.,.NS purpose of developing a medi~ density housing project for
KESWICK Willi~ Pea Co-operative H~es. The project ~ to be f~d~
RICrROVl ~der a Provincial non-profit and co-operative ho~ing pro~.
~o~,r~;~:~;~N Working together with L~t~a (representlng Willi~ Pe~
.~ ~t'.~,:z operative). Rarvon has initiated the required rezoning for the
~U~.W~r~C*~..,N site (the b~law h~ received first and second reading) and h~
...~ ~. negotiated the site plan with the Pl8nning Depart~nt. The
sc~.om~u~;.,.ut;ms third reading of the zoning by-law and the develo~nt agr~nt
bergen Ka~on and the T~ should b~ coming to council at your
meeting of Au~st 8 next.
Prior to the start of construction the site is going to be
c~eyed to Willi~ Peak Co-optative. Therefor the
development agr~ent bergen the T~ and Karv~ will bec~
agre~n~ between the T~ and Willi~ Pe~ go-o~rativ~.
Karvon rill. enter into a Stipulated S~ Contract with the
for the co~truction of the project as approved by the
~uicipality and by the Ministry of io~ing. ~nthly progress
pa~ents ~der the contract will be s~ject to Ministry of
Housing approval and will be b~ed on work in place. Upon
~nvey~ce of the l~d to the Co-op the arrogant will be very
similar to what w~s the setup at Duffin's Creek.
Page 2
M~yor Artbura ~nd Me~bers of Council
June 21, 1~
The purpose o~ this letter is to m~e two requests:
~r~ce ~ding or
The development agreement between the T~ end Duffin's Creek
Co-operative (initially the agre~ent was bet~en the T~ ~d
L~t~a, the ~er in trust of the land) stipulat~ a
perfo~ance security of $20,000.00 in total. ~e additional
security that might have been i~osed au a private sector
developer for the l~dscaping was waived. We ~derstand t~t
the Durh~ Region Non-Profit project j~t south of Ouffin's
Creek w~ given siml]ar consideration.
Our request is that a similar arrogant be part of the
development agreement for this project.
We would like to request that the T~'s requir~nt for
liability insurance be me~ by having the T~n n~ ~ ~
insured in the builder required insurance policy ~ich ~uld
include general li~ility insurance ~d builder's risk
insurance, in a fo~ ~d in the amo~t satisfacto~ to the T~.
This arrmg~ent c~ provide the s~e protection to the T~
while saving the Co-op {4,000 to {5,000 in pr~i~s.
Thank you for considering these two matters.
Yours truly,
LAMTAI{A I~I~-PitOFI? I~{~S
//~arry g~der Velds
Development Consultant