HomeMy WebLinkAboutBy-law 2066/85THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2066 /85
Being a by-law to authorize the execution of a
development agreement between Pauline Mancini
and The Corporation of the Town of Pickering,
respecting part Lot 19, Concession 8, Picketing
(LD ?4/82 and M 4/85)
WHEREAS, Pauline Mancini is the owner of part Lot 19, Concession 8, Pickering and
pursuant to the decision dated August 27th, 1994 of the Regional Municipality of
Durham Land Division Committee is required to satisfy the Town with respect to
certain matters, one of which requires that the owner enter into a satisfactory devel-
opment agreement;
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 agree-
ment, in the form attached hereto as Schedule A between Pauline Mancini and
The Corporation of the Town of Picketing respecting part Lot 19, Concession 8,
Pickering (LD 74/82).
BY-LAW read a first, second and third time and finally passed this 6th day of
August, 1985.
hn E. Andersc/nT Mayor
Bruce Taylor, C,~ark
SCHEDULE A
THIS AGREEMENT made this 6th day of August, 1985,
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the '~Town"
OF THE FIRST PART,
- and -
PAULINE MANCINI
hereinafter called the 'rOwner"
OF THE SECOND PART.
WHEREAS the Town is the owner of an unopened road allowance immediately adjacent,
to the east, of part of Lot 19, Concession 8, Picketing, and running southerly from
Old Brock Road in the Hamlet of Claremont, which road allowance is hereinafter
referred to as "the road"; and
WHEREAS the Owner is the owner in fee simple of part Lot 19, Concession 8,
Picketing, and wishes to sever those lands into two parcels, and for that purpose
and other purposes is prepared to construct an appropriate roadway at her expense
on the road from Old Brock Road southerly;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the
mutual covenants and benefits herein contained, and the sum of Two Dollars ($Z.00)
paid by each Party to the other, receipt of which by each is hereby acknowledged,
the Parties hereto agree as follows:
1. The lands affected hereby are those lands more particularly described in
Schedule A hereto.
(~)
(2)
(3)
(4)
The Owner shall, at her sole expense and within two years after the date
hereof, construct on the road in a good and workmanlike manner a
roadway southerly from the south limit of Old Brock Road to a point
approximately 33 metres south of that limit.
The construction of the roadway required by subsection (]), above, shall
include, but not necessarily be limited to, the following:
(a)
cutting and clearing of all trees, bushes, shrubs and other vege-
tation;
(b) grading;
(c)
installation of a proper road base for a 7.3 metre wide road, such
base to consist of 300 millimetres of Granular B material, 150
millimetres of Granular A material, and 75 millimetres of H.L. 4
asphalt:
(d) construction of ditches on each side of the road base;
(e)
installation of a 9 metre radius turning circle to the standards set
out in (c), above, 125 metres south of the south end of the
construction referred to in (c), above; and
(e)
erection of a vehicle barricade and warning sign at the southerly
end of the turning circle.
All works required to be constructed by the Owner shall be installed
under the observation of Inspectors employed by the Town and the Owner
agrees to pay the costs incurred therefor within thirtydays of invoices
being rendered.
The construction of driveway entrances is not provided for in this Agree-
ment; the Owner agrees, however, that should any driveway entrance or
entrances be required, she shall apply to the Town for such an entrance
and comply with all the Town's requirements, financial or otherwise, with
respect thereto.
For the purposes of complying with the provisions of this Agreement, the Town
hereby grants permission to the Owner, her employees, agents, contractors and
workmen, to enter upon the lands owned by the Town, provided however that
the Owner first obtains the Town's written approval to the engineering
drawings respecting the proposed roadway and appurtenances thereto.
(1)
(z)
(3)
(4)
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, 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 Town lands.
The amount of the said Policy shall be $5,000,000.
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 agrees to pay the cost of such
renewal or renewals within thirty (30) days of the account therefor being
rendered by the Town.
The Owner shall notify the Town of the dates for the renewal of the
premium of the said policy and to 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.
(1)
(2)
(3)
Before commencing any of the work provided for herein, the Owner shall
supply the Town with a 100% performance and maintenance security in a
form satisfactory to the Town and in an amount established by the Direc-
tor of Public Works to guarantee the satisfactory completion of the work
and to guarantee the workmanship and materials for a period of one (1)
year from the date that the work is completed and such completion
acknowledged, in writing, by the Director of Public Works.
Upon written verification from the Director of Public Works that the work
has been satisfactorily completed and paid for, the Town Manager may
reduce the amount of the security to an amount not less that l0 per cent
(10%) of the original value, which ten per cent portion shall apply as the
security for the guarantee of workmanship and materials until the
guarantee period has expired, when the balance of the security shah be
returned to the Owner subject to any deductions for deficiencies.
Upon the approval of a reduction in the amount of the security required
to be provided in subsection l, the Town Manager or the Town Treasurer
shall provide to the Owner any necessary assurance to effect the
reduction.
fl)
(2)
(3)
(4)
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
her surety in writing of such default or neglect and if such notification
be without effect within ten (10) clear days after such notice, then in
that case, the Director of Public Works shall thereupon have full authori-
ty 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 her surety, or
both.
In cases of emergency, in the opinion of the Director of Public Works,
such work may be done without prior notice but the Owner shah be
forthwith notified.
The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
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 Agree-
ment.
Whenever in this Agreement the word "Owner" and the pronoun "it" is used, it
shall be read and construed as "Owner or Owners" and "his", "her" or "their",
respectively, and the number of the verb agreeing therewith shall be construed
accordingly.
8. Time shall be of the essence of this Agreement.
9. 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 Party of the First Part has hereunto affixed its corporate
seal, attested to by the hands of its proper officers in that behalf fully authorized,
and the Party of the Second Part has hereunto affixed her hand and sea].
SIGNED, SEALED, & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
~ohn E. Anderson, Mayor
In the presence of
Bruce Taylor, Clerk
PAULINE MANCINI
I, DEREK VINCENT MANCINI, spouse of PAULINE MANCINI, the Owner herein,
hereby consent to the execution and entering into of this Agreement by PAULINE
MANCINI and to the registration of the Agreement upon the title to the ]ands 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
August, 1985 at the Town of Pickering.
day of
SIGNED, SEALED & DELIVERED
In the presence of
DEREK VINCENT MANCINI
Schedule A
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 (formerly
in the Township of Picketing, County of Ontario) and Province of Ontario and being
composed of that part of Lot 19 in the Eighth Concession of the said Town of Picker-
lng, which is more particularly described as follows:
PREMISING that the bearing of the easterly limit of the said Lot 19 is North 17
degrees, 26 minutes West, and relating all bearings used herein thereto;
COMMENCING at a point in the said easterly limit, distant 2,937.80 feet measured
southerly thereon from the north-easterly angle of the said Lot 19, the said point of
commencement being in line with a fence running westerly;
THENCE North 17 degrees, 26 minutes West along said easterly limit of Lot 19, a
distance of 823.61 feet to a point in a fence running westerly;
THENCE South 71 degrees, 36 minutes West along the said fence to a point in a fence
running southerly a distance of 165.0 feet;
THENCE South 18 degrees, 55 minutes East along said fence to a point in a fence
running westerly, a distance of 65.35 feet;
THENCE South 70 degrees, 55 minutes, 30 seconds West along said fence to a point in
a fence running southerly, a distance of 173.45 feet;
THENCE Southerly along said fence to s point in a fence running easterly a distance
of 330.74 feet measured on a bearing of South 71 degrees, 12 minutes, 30 secopds
West from the point of Commencement, a distance of 758.38 feet;
THENCE North 71 degrees, 1Z minutes, 30 seconds East along said fence, a distance
of 330.74 feet to the point of commencement.
The said lands containing 6.06 acres more or less,
AS DESCRIBED in Instrument No. Dl17789.
Town of Pickering
PLANNING DEPARTMENT
Proeerly D~erietlcm
FT. LOT 18 , CON. 8
~4~lk'll~O~ NO. Applicant
LD74/82 P. MANCINI
Dill ~ll
MAR, 30 / 84 I: 4800
Oflwfl By Ch~ckecl By
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