HomeMy WebLinkAboutBy-law 1150/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1150/80
Being a By-law to authorize the execution
of a Development Agreement between Bill
Petrou, in trust, and the Corporation of
the Town of Pickering with respect to
Part Lot 89, Plan 1041 (Parts 1-6,
Plan 40R-5712).
TOWN
PICKER
APPR.,; D
AS TO E,?
which the said decisions relate;
WHEREAS, Bill Petrou is the owner, in trust, of Lot
89, Plan 1041, Pickering, and pursuant to the decisions dated
August 13, 1979, of the Regional Municipality of Durham Land
Division Committee (LD 285-90/79) is required to enter into a
Development Agreement with the Town as a prior condition to
the final approval by the Committee of the applications to
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are
a Development Agreement
as Schedule "A", between
the Corporation of the T
the development of that
designated as Parts 1-6,
(LD 285/79).
hereby authorized to execute
in the form attached hereto
Bill Petrou, in trust, and
own of Pickering, respecting
part of Lot 89, Plan 1041,
inclusive, Plan 40R-5712.
BY-LAW read the first, second and third time and passed this
7th day of July , 1980.
LEGAL
Clerk
SCHEDULE "A" to By-law 1150/80
THIS AGRlCP,5 AT mole this,
day of
1980
BETWr.EN:
BILL PPTROli, in trust
hereinafter called the "Owner"
OF TllE FIRST Pj,ET,
- and -
THE CORPORATION OF THE TOWN Oi PIC1Q1 AG
hereinafter called the "Town"
O THE SECOND Pi%RT.
WDERE'AS, the Owner is the owner of hot 99, Plan 1041-,
Pickering, and, pursuant to decis.icns, dated AuquAt IRK,
1979, of the Land Division Committee of the Regional iddAci -
pality of Durham (ID 285-50,179) is req"' ,-na to enter into
Developnnnt Agrooment with A o To,:n as a prior condition tc
the final approval of the Connittec to the applications to
which the said deci>:ions relate;
NOW TI EREFOP.S, THIS MPEHMENT W'ITNESSPTII, that in
consideration of the situ of Two Dollars paid by each Party
to the other, receipt aC which is heraby by each achnow-
ledged, the Part.ios moyeLo covenant and agrec one with
the other as follows:
1. LANDS APPEC`TF)
The lands affect_ad by this Agreement. (hereinafter
called "that l and ; ") are:
ALL AND SINGULAR that certain parcel- or tract of
land and }premises situate, lying and being in
the Town of Pickering, in the Pegicnal Manicir.al-
ity of Durham and Province of Ontario, and bcinj
composed OF those na_ts of Lot 89, a rcg;s?_,:r's
compiled plan 1041, desi<lnate3 parts I-'u,
inclusive, on Plan 40R-5712.
2. OU"NIIR' S GI'NI'HAL UNDERTAKING
The Gtaner agrcos to complete at his own czpcnsc and
In a good and workmnallke manner, for the Town, all
the works here].nafner scL fori_h to the sati.sfnct-LYC,
of the Director of Public Works for the Toy,°n cC
PickcrinU, and to complete, porform or coke psynn_nt
for such other matters as may be provided for here-
in.
3. CONSULT?:NC 1-:NC INE'E;P,e
The Owner agrees to retain a Professional Engir.ce,_
as the Consulting Engineer of the Owner to carrv
out all the necessary engineering and genorall-y
supervise the work required to be done for the
development of the lands.
Such Consulting Engineer, or any successor thereto,
shall continue to be retained until the works pro-
vided for in this Agreement arc completed and for-
mally accepted by the Town.
4. UNDERGROUND ELECTRIC DISTRIBUTION
Underground electric distribution services shall he
provided for all lots within the land: aftect& hereby
according to the stondo ds and speciii t?.tions of
the appropriate authority.
The Owner shall make such financial arrangonont._,
as may be required to ensure the construction of
those services.
The Owner agrees to pay all costs of installation
of such services, including poles and other neat s-
sary appurte-nancos.
The installation of all works prov`dcd for in this
clause shall be constructed under the supervision
and inspection of the aforesaid auKorAy.
5. INSPECTION OF WOR1:
All works required to be constrccted by the Owner
except thanc works referred to in section 4, above,
shall be installed under the o servnLlon of Inspec-
tors employed by the Town and the Cxner agrees to
pay the costn incurred (W aries and Expenses)
therefor within ten (10) days of their being ren-
dered.
6. P1 RFORbiANCE & M!%1NT'p"1,NCP: GL'P,i ^F115
Before commencing any of the works provided for
herein, the Cwner_ shall supply the Town with a
Performance and Maintenance Security in form and
amount satisfactory to the Town's Director of
Public Works to guarantee the satisfactory com-
pletion of the works and to guarantee the workman-
ship and materials for a period of two (2) years
from the date that the skid works are approved in
writing, by the Director.
Such Performance and Maintenance Security shall
be in the for_w of an irrevocable bank letter of
credit.
The Owner may, from time to apply fo;c a
reduction in the letter of credit and such appli-
cation shall be made to the Town Manager and
such reduction may be granted by him upon writ-
ten verification of the Director of Public Forks
that the services for which reduction is being
sought have been satisfactorily completed, pro-
vided such reduction shall not reduce the amount
of the security to any amount less than ten per
cent (102) of the original value, which ten per
cent portion shall apply as the security for
maintenance until the obligation to maintain has
expired, when the balance of the security shall be returned to the owner subject to any deduc-
tions for maintenance purposes.
7. DRAINAGE - SODDING
The owner aurces to provide to the Town, prior to
the comm.en,ccr; e71t of th0 develoJ =nt V the lands,
a Grading Control Plan prepare by the Owner's
Consulting Engineer, establishing the proposed
grading of the lands to providv for the proper
drainage thereof anal the drain ge of all a0jarcnt
lands which drain through the lands.
,The Grading Control Plan shall he prepared in
accordance with the 'Down's Lot Drainage Specifi-
cations in effect at the date of this Agreement.
The grading of the lands shall be carried out in r
accordance with such Grading Control Plan under
the supervision of the Owner's Consulting P:ngi_n-
eer_.
- 4 -
'?. Dr?nlN.ta- soDDl?;c (Cont?d)
If, in the opinion of the Director of Public works,
drainage problems occur, the Owner agrees to cor-
rect 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 agrees to sod the front, side and rear
yards of each of the lots or blocks except for
paved or planted areas, upon the ccmpletion of the
construction of buildings thereon.
8. INCOMPLETED OR FAGINY WORK
if, in the opinion of the Director of Public Works,
the Owner is not prosecuting or causing to be pros-
ecuted the works in connection with this Aarecnunt,
within the specified time, or in order that they
may be covey lcted within the specified tine, or is
improperly por_forming the works, or shall to e owner
neglcc+_ or abandnn them before the completion, or
unrensonably delay the same so that the condit,_ons
of this Agreement are being violated or careleasly
executed, or in bad faith, or shall the Owner neg-
lect Or refuse to renew or again perform such work
as may be rejected by the Director as defective o.c
unsuitable, or shall the owner in any other manner-,
in the opinion of the Director, make default in
performance of the terms of this Agreement, then in
any such case, the Director shall promptly notify
the Owner and his 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 shall
thereupon have full authority and power immediately
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 saki work
at the cost and expense of the Owner or his surety,
or both.
In cases of emergency, in the opinion of the Direc-
tor, such works may be done without prior notice
but the Owner shall be forthwith notified.
The cost of such works shall be calculated by the
Director whose decision shall be final.
It is understood and agreed that such costs shall
i.nclun.e a management fee of twenty per cent (20°)
of the libour and material valu and further, a
fop of thirty per cent. (301) 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 consider-
ations, without which the Town would not have
executed this Agreement.
9
10
TRANSFXRS - EASEMENTS GKNERAI
The Owner slhall- arrange at no co t to the Toon for
granting to the Town sich addit-onel ea:<onpaLs a5
the Director of Public Woks or his Ksignate shell
deem necessary for the provision of storm sLwu r
services both within the boundaries of the develop-
ment but outside its boundaries.
Such easements shall be subject to the approval of
the Director of Public Works or hIs designate as
to their location and width.
The construction of any services in such easenani--
or easements shall not connince uw it the easn;cnt
has been acquired, unless i)eryi!5ion to do so has
been obtained by the Owner, in 'r:ritinU, Trop the
Town and from the registered owner of the lands
across which the casement shall lie.
GENIJ,''d, PY,OV1SfONS, - SERVTC' `:
The Cn:wcr ag.recs with the Town:
(a) Contrnuatlon of Esistinn Services
Sphere the' construction cf sn vVccS herein
involves a continuation to azisting ser-
vices, to join into the some, including
adjustment of grades where necessary, in
a good workmanlike manner.
(b) Public Lands - Fill & Debris
To neither dump nor permit to he dumped,
any fill or debris on, nor to remove or
permit to be removed any fill from any
public lards, other than the actual con-_
struotion of roads in the lands affectwd
hereby without-. the written consent of the
Authority responsible for such lands.
The Owner shall, on request, supply the
Town with an acknowledgement from such
Authority of the Owner's compliance with
the terms of this clause.
The Owner further agrees that there shall
be no burning of refuse or debris upon
his lands or any public lands.
(c) Qualitative or Quantitative Tests
The Diio(_?or oC Public ltiorics rzac Mice
qualitative or quantitative tests made
of any materials which have been or are
proposed to be used in the construc;i-nn
of any services required by this Agree-
ment, and the cost of such tests shall
be paid by the Owner within thirty (30)
days of the account being rendered by
the Town.
- 6 -
10. GENERAL PROVISIONS - SERVICES (COnt'd)
(d)
(e)
(f)
(g)
Relocation of Services
To pay the cost of relocating any existing
services and utilities caused by the sub-
division work within thirty (30) days of
the account for same being rendered by the
Town.
The Owner further agrees to similarly pay
the cost of moving any services or utili-
ties 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 drive-
way.
Specifications
Unless otherwise provided, to perform --ny
work required to be done under this Agree-
ment to the specifications of the Town in
effect at the date hereof.
Permanent Si
To provide and erect at
anent signs at locations
Director of Public Works
tions of the Town.
its own cost, perm-
designated by the
to the specifica-
Engineering Drawings
Prior to the final acceptance of the public
services, to supply the Town with duplicate
original drawings of the Engineering Works
for the services, with amendments, if any,
noted thereon.
11. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(a) The Owner agrees that no building permit _
shall be issued for any building or part
of a building on the lands until sewage disposal
and water facilities are available, and
in the opinion of the Director of Public
Works, capable of providing adequate
service.
(b) The Owner further agrees that no building
or part of a building on the lands shall
be occupied except on the following con-
ditions:
(i) Sewage disposal and water facilities are
installed and in operation to
serve adequately such building
or part thereof;
(ii) A municipal occupancy permit
has been issued; and
(iii) Electric service is completed
and in operation.
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11,
12
13
CONSTRUCTION F OCCUPANCY CF PLITN)INC?S (Coi-?t'd)
(c) The 0?.,?nc r further ccvenzmts and ae;reos to
maintain vcliicular access t_o al.l occur?icd
builciir.gs on ttic. lands afCectedl hereby,
until the ro,.is arc formally assuired by
the Town, inc] further agrees:; to obtain
simi_1_ar covcncmL from any snhscqucnt
Owner of any of the lands affected hereby.
LAD;DSCl?PR PS,i^, ^; i4 I?lG
The Owner agree:, t11at prior to the issuance of build-
ing permits for any building to he erected on the
lands al E(-cted herel)v, it shall suhaiit a landscaping,
plan for that )iu_;_lding and its site to the To%n for
approval.
The Clwner further agrees that upon approval by tl.c
Town of a landreap.ing plan, the l.ancl,;caning
shown on the pl,-in -,,hall be constructed, installed
or planted, as the Case may be, 1n Con .TO1"IDal:ce With
the landscaping plan, and be cofi[plc,?.cd within two
(2) years of tizc date of approval of the plan.
GEN.En 1, PROVISIONS- FINANCIAL -MATTETt
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands
affected hereby, as required by law from
time to time.
(b) Local Improvements
Prior to the registration of this Agrec,n:ent,
to prepay any outstanding local i.riorovement
charges which are levied against any of the
lands.
(c) Interest
To pay interest at the sa.tc of eighteen per
cent (181) per annum to the Town on ali sums
of money payable herein which are not paid
on the due dates calculated from such due
date:;.
(d) Registration Fees
To pay all registration cost,-, incur-col bN
the Town relat;_nq in any way to the. regis-
tration of this Ags ??uunrt or any other rc -
lated documentation, including traitsfers.
- 8 -
14
15
16.
EXPIRY OF SECURITM;
The Owner further < recs that should any security re-
quired to be given under_ the term5 of this Agreement
expiry during the currency of the Agrcar,ent, the
(honer shall provide to the !own at least thirty (30)
days in advance of the expiry date of that security,
a further security to take effect upon the expiry.
Such further security shall he to the satisfaction
of the Town.
Should no such further security be provided as
required, then tho Town shLul have the right to
convert the expiring security into cash and hold
the cash in lieu of and for the same purposes as
any further securi tI.
DtAINT@1NAVC1,' OE' SE]CUR7TUS
If the Town drakes ac'ainrL any security provided by
the Owner_ pursuant to the provisions hereof, there-
by reducing the amount of the security, Bien in
that event, the Town may, its option, require
the Owner to increase the aAount of Lhr security
to any amonnt equal to or lass U'Vin GIC original
amount, and the Cwnpr shall so inc!-anne the amount
within ten (i0) days of its recei.pL of the Town's
notice requiring sama.
TREE PRESERVATION
The Owner agrees to retain, at its own expense, a
qualified expert in order to dotaiwi.ne which of
the e._isting trees shall be preserved.
The aforementioned qualified expert shall prepare
a Tree Preservation Program, which program shall
be submitted to the Director of Planning and shall
not be, put into effect until it has received the
approval of the Director of Planning.
In determining whether or not to approve the Tree
Preservation Program, the Director bha3l be gov-
erned by the Town Tree Presorvatio: guidelines
in effect as at the date hereof.
17. FINANCIAL PAi'btENTS
The Owner agrees to nay to the Town, a unit- levy
in the amount of $5,000 for each dwelling unit
for which a building permit is received.
No building permit sha3_1 be issued for: any dwel-
ling 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.
- q --
17. FRW,NCJA7, rIATTHIM' (Cont'd)
Payments of such levies shall be made to the Toa:n
from time to time aLa building pcrra.i_ts are re(Ili i red.
A letter_ from the Clerk of the Tov:n advising tha'
the unit levy has been paid shall be deemed to be
a rcleacc of this --cotton for the lands refericd
to in the said letter.
18. LICENCE TO FETER
The Owner aoreos with the Town to retain a licence
from any subscauent purchaser of thf. aforesaid
lands to enter upon such lands in ordor to comply
with the pi.ovi.sions of th-i s Ag:coe,,.ent.
19. NOTICE
Any notice requ:i recd to be given horeurneicr may be
given by ?:gi_stercd mail a8dr_essed to the och;r
party at :its pr_.incipal place of bcsir.css and Shall
be effective as of the date of the Cep)-it t.-,u cof
in the Post Office.
20. INTERPRETATION
(a) Wherever in this Agreement the word "Owner"
and the pronoun "it" is used, it shall be
read and construed as "Cwner or Owners" and
"hiss" "her" or "their", YC'F,pr.C t.l pn] v any
the number of the verb agreeing therewith
shall be construed accordingly.
(b) The provisions in Scliednle "A" attached
hereto shall form pa-t- of thi-. Agreement..
(c) Time shall be of the essence of this Agree-
ment.
(d) This P,grcem.ent and everythinc, herein con-
tained shall enure to the benefit of and
be binding upon the Parties hereto, their
successors and assigns.
U WITNESS S,7111iREO , the Party o[ the. First Part has
hereunto affixed his hand and seal and the Party of the
Second Part has, hereunto affixed its Corporate Seal ati-ested
- 10 -
to by the hands of it,. pro?,c,r o,"ic,rs in thi ,L behalf fully
authorized.
i
SIGNED, SEALED and DIILIVFFF.D
BILr, PLTi:OU, In Trust
----------- ---- -----------------------
TIll? COPPGRI'\TIO: OI' Ttii? TObv;: OF
1'ZC}:i,l:IidC
Mayc)r - ---
Clerk -- - - --
I. 77MT'. LIMIT FOIL 4.Of'K GUAR,^,V'f1:'._' FoI; WOItKA"%.tiSIfIP & D??.Ti;RS,•LS
Save as herein otheiwi_-.e provided, the Owner agrees to
complete Lae woOn rpgAired undor this Agreci.r_r.t w'i chin
the time limits speciCicd in the Table set out hclow
and to quarantee thr workraoship and materials fcr a
period of two (2) ycarc from the date thaL the sai(I
works arc appruvud in writing by the Director_ of Puhlic
works.
Any work other_ than that specifically proviacd for in
the Table shall be completed within the tine providcd
for thc;ei.n for aboveground services.
TARL]?
Works Time Limit for Completion.
(a) Underground one year fro" the date of th-
services registration of this Agree nt
(b) Aboveground Two years from the data of the
Services registration of this kgrcor„?nt