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HomeMy WebLinkAboutBy-law 2262/86THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2262/86 Being a By-law to authorize the execution of an Agreement respecting the development of Part Lot 33, Range 3, B.F.C., Picketing, (Part 1, Plan 40R-6680 and Parts I and 2, Plan 40R-7395, except Parts 1, 2 and 3, Plan 40R-76261 A 3/85; Dobbin ). WHEREAS pursuant to the provisions of sections 34 and 40 of the Planning Act, 1983, S.O. 1983, chapter 1, the Council of The Corporation of the Town of Picketing re- quires the entering into of a Bevelopment Agreement prior to the development of those parts of Lot 33, Range 3, B.F.C., Picketing designated as Part 1, Plan 40R-6680 and Parts 1 and 2, Plan 40R-7395, except Parts 1, 2, and 3, Plan 40R-7626; 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 an Agreement respecting the development of Part of Lot 33, Range 3, B.F.C., Picketing, being Part 1, Plan 40R-6680 and Parts 1 and 2, Plan 40R-7395, except Parts 1, 2 and 3, Plan 40R-7626 (A 3/85; Dobbin). BY-LAW read a first, second and third time and finally passed this 30th day of June, 1986. //,Y/61~n 'lC. Ander~of[,-~fayoF /. THIS AGREEMENT made this~ day of S~ptc..bcr, 19g5. BETWEEN: RICHARD GARY DOBBIN and NANCY MARGARET DOBBIN 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 develop the lands affected hereby in accordance with zoning By-law 2027/85, a condition of the passage of which was the entering into of this Agreement; 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 are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham and Province of Ontario and being composed of those parts of Lot 33, Range 3, Broken Front Concession, designated as Part 1, Plan 40R-6680 and Parts 1 and 2, Plan 40R-7395, SAVE AND EXCEPT those parts of the said Lot designated as Parts 1, 2 and 3, Plan 40R-7626. 2. 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 Director of Public Works for the Town of Picketing, and shall complete, perform or make payment [or 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 Town's specifications for boulevard grading and sodding shall apply to Altona Road adjacent to the project. (3) The Owner shall maintain and repair Fawndale Road both where con- struction has taken place or where either is used by construction traffic serving the project and keep such roads clear of dust, refuse, rubbish or other litter of all types. DRIVEWAY ENTRANCES The Owner shall construct driveway entrances with on Fawndale Road, accord- ing to the specifications of the Town in effect at the date hereof, SIDEWALKS The Owner shall construct a sidewalk at its expense on the west side of Altona Road adjacent to the lands affected hereby. 6. UNDERGROUND ELECTRIC DISTRIBUTION & CABLE TELEVISION SERVICE (1) (2) (3) Underground electric distribution shall be provided for each building lot according to the standards and specifications of Picketing HydroElectric Commis sion. Cable television services shall be provided for each building lot according to the standards of Pickering Cable T.V. Limited. The installation of all works provided for in this section shall be con- structed under the supervision and inspection of Picketing Hydro-Electric Commission and Picketing Cable T.V. Limited, as the case may be. 7. INSPECTIONS Prior to the issuance of the first building permit after the date hereof for any building lot, the Owner shall pay to the Town the sum of $105 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred 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 (2), above, may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. FENCING The Owner shall construct a privacy wood fence, at its expense,-,~14,~ ,t. ..... ..... ~ ................... ~g~.,~ .... ~*~'"'~ h-_r-_to ae :~;'-'~"~ ~ along the westerly boundary of the 0.3 metre reserve to be conveyed to the Regional Municipality of Durham adjacent to Altona Road, 2 9. LIABILITY INSURANCE 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) It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the 'premium 9f 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) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a $5,000 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, 1982, 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. (2) 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 $2,500, which sum 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. (3) Upon the approval, if any, of the reduction referred to in subsection (2), above, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 11. DRAINAGE - SODDING (1) The Owner shall provide the Town. before commencing any of the work provided for herein and prior to the commencement of the development of the project, with a Grading Control Plan establishing the proposed grad- ing of the building lots to provide for the proper drainage thereof. (z) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement and is subiect to the approval of the Town's Director of Public Works. - 3- (3) (4) (~) The grading of all lands shall be carried out by the Owner in accordance with the Grading Control Plan. 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 structures as may be necessary to correct such problems. The Owner shall sod the front, side and rear yards of each of the building lots except for paved, planted or treed areas, upon the com- pletion of the construction of 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 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 an 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 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 - CONVEYANCES (l) The Owner shall convey a 5.18 metre road widening and 0.3 metre re- serve adjacent to Altona Road to the Regional Municipality of Durham, free and clear of all encumbrances and at no cost to the Region, prior to the issuance of any building permit for the construction of a dwelling on the lands affected hereby. (2) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. ~ 4- 14. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and the sidewalk, or, where no sidewalk exists, 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. (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), above. (iii) That there shall be no burning of refuse or debris upon its 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 he 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 (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 under this Agreement to the specifications of the date hereof. required to be done Town in effect at the (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 designat- ed by the Director of Public Works. 15. OCCUPANCY OF BUILDINGS (1) No building or part of a building shall be issuance of a municipal occupancy permit. occupied except, upon the (2) No application for a municipal occupancy permit for a building or part of a building 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; and (b) Electric service is completed and in operation. 16. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $1,750 per unit, for each dwelling unit for which a building permit is received. (2) 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. (3) Payments of such levies shall be made to the Town from time to time as building permits are required. (4) 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. 17. GENERAL PROVISIONS - FINANCIAL MATTERS (a) Taxes To pay the taxes in full on all the lands affected hereby, 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 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. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Save as herein otherwise provided, the Owner shall 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. -6- 19. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the lands affected hereby or any part thereof, to enter upon such lands in order to comply with the provisions of this Agreement. 20. CANCELLATION OF AGREEMENT In the event this Agreement is not registered on or before December 31st, 1925, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void. 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. 22. INTERPRETATION (1) 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. 23. TIME Time shall be of the essence of this Agreement. 24. BINDING PARTIES This Agreement and everything herein contained shall enure to the and be binding upon the Parties hereto, their successors and assigns. benefit of IN WITNESS WHEREOF, the Town has hereunto affixed its Corporate Seal duly attest- ed by its proper officers in that behalf fully authorized, and the persons comprising the Owner have affixed their hands and seals. SIGNED, SEALED & DELIVERED in the presence of TIlE CORPORATION OF THE TOWN OF PICKERING n E;-Anderson, M~yor- ' - ~ruc~ Taylor, Clerk RICHARD GARY DOBBIN NANCY MARGARET DOBBIN SCHEDULE A BELOW c, aouNo L,NE CONCRETE TO~ O~ FOOTINGS 'TO B~ DOMED ~C)mmCEMENT..~, =~, ~POST ~~ZED SHEET / %.---STEEL Pt, ITE CAP ~S mm BE USED O~BETTER CEMENT ~T TO I ~ WELDEDTO ~N SETTING P~PE TO GRADE SLEEVE. IN. EARTH O.~N RETAINING O._~.R HEAl) WALLS TOWN OF PICKERING WORKSDE: PT. WOOD PRIVACY FENCE