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HomeMy WebLinkAboutBy-law 2414/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2414 /87 Being a by-law to authorize the execution of a Development Agreement between Hollinger Construction Limited and The Corporation of the Town of Picketing respecting the development of Part Lot 30, Plan 509, Pickering (Parts 1, 2, 3 and 4, Plan 40R-9890). WHEREAS, by Decisions dated November 12, 1986 the Regional Municipality of Durham Land Committee approved the severance of three lots from Lot 30, Plan 509, Picketing subject to several conditions, one of which requires that the Town be satisfied finan- cially and otherwise with respect to the proposed development; 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 Hollinger Construction Limited and The Corporation of the Town of Picketing, respecting the development of Part Lot 30, Plan 509, Pickering (Parts 1, 2, 3 and 4, Plan 40R-9890). BY-LAW read a first, second and third time and finally passed this 16th day of March, 1987. NG~L DEPT._ SCHEDULE A THIS AGREEMENT made this 13th day of February, 1987. BETWEEN: HOLLINGER C'ONSTRUCTION LIMITED 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 those parts of Lot 30, Plan 509, designated as Parts 1, 2, 3, and 4, Plan 40R-9890, in the Town of Picketing in the Regional Municipality of Durham, and is therefore required as a condition of the Durham Land Division Committee Approvals LD 500/86, 501/86 and 502/86, and as a condition of the Town's Zoning By-law Amendment Application approval A25/86 to enter into this Agreement; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed development and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: LAND AFFECTED The lands affected by this Agreement (the "Lands") are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of those parts of Lot 30, Plan 509, designated as Parts 1, 2, 3 and 4, Plan 40R-9890. 2. 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. INTERPRETATION 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 "them", respectively, and the number of the verb agreeing therewith shah be construed accordingly. e TIME Time shall be of the essence of this Agreement. 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. 6. 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. 7. 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 Town of Pickering, and shall complete, perform or make payment for such other matters as may be provided for herein. 8. CONSULTING ENGINEERS The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done by this Agreement. (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. 9. STORM SEWERS The Owner shall construct storm connections to service the Lands according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain them, including clearing any blockages or debris from whatever cause, until they are formally accepted by the Town. 10. ROADS - PAVED (i) The Owner shall reconstruct Rosefield Road adjacent to the Lands, according to the Town's specifications for paved roads of the Town in effect at the date hereof. (z) Until assumption by the Town, the Owner shall maintain and repair roads outside the Lands where construction has taken place or that are used by construction traffic entering the Lands and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using Rosefield Road that construction is taking place. (4) Such signs and the location thereof are subiect to the approval of the Town's Director of Public Works. 11. CURBS & GUTTERS (i) The Owner shall construct, reconstruct, or repair, as the case may be, curbs and gutters on the road to be reconstructed pursuant to section 10, above, according to the specifications of the Town in effect at the (2) date hereof and shall maintain them until they are formally accepted by the Town. If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the said specifica- tions. 12. SIDEWALKS The Owner shall construct, reconstruct, or repair, as the case may be, on Rosefield Road adjacent to the Lands, a sidewalk according to the specifications of the Town in effect at the date hereof and shall maintain it until they are formally accepted by the Town. 13. ELECTRICAL SERVICES AND STREET LIGHTING (i) Where electricity, cable television service or telephone service 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. In lieu of the installation by the Owner of street lighting adjacent to the Lands, the Owner shall pay to the Town, by cash or certified cheque prior to the registration of this Agreement, the sum of $652. 14. INSPECTIONS (1) Prior to the issuance of the first building permit for the Lands after the date hereof, the Owner shall pay to the Town the sum of $105 as an engineering drawing inspection fee. (z) All works required to be constructed by the Owner, except those re- ferred to in section 13 shall be installed under the observation of Inspec- tors 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) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 15. 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, naming the Town as an insured and 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 the Lands and elsewhere. (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 of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 16. 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 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") 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 14 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. (z) The Owner may, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) 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 an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; and (c) seventeen per cent (17%) of the original value where, (i) a certificate of final completion has been made by the Owner's Consulting Engineer; (ii) 45 days following the making of such certificate have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; which seventeen per cent (17%) portion 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. (4) Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 17. DRAINAGE - SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the Lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the Lands. (z) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this. Agree- ment, and is subject to the approval of the Town's Director of Public Works, (3) The grading of all lands shall be carried out by the Owner in accordance with the approved Grading Control Plan, under the supervision 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 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 res- idential lots except for paved, planted or treed areas, upon the com- pletion of the construction of buildings thereon. 18. INCOMPLETED OR FAULTY WORK (D 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 shah 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 said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notifica- tion be without effect within 10 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. (z) In cases of emergency, in the opinion of the such work may be done without prior notice forthwith notified. Director of Public Works, but the Owner shall be (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 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 paragraph is one of the considerations, without which the Town would not have executed this Agreement. 5 19. TRANSFERS - DEDICATIONS (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, within the 30 days immediately following the registration hereof, a corner rounding at the intersection of Rosefield Road and Glenview Road, for which purpose the Owner shall prepare a reference plan identifying the corner rounding. (2) Notwithstanding the provisions of subsection (1), 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. (3) Upon the coming into effect of the zoning by-law resulting from Zoning By-law Amendment Application A 25/$6, the Town shall dedicate Block A, Plan M-1089, as public highway. 20. TRANSFERS - EASEMENTS (l) 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 necessary for the provision of storm sewer services both within the boundaries of the Lands 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. 21. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Pavin~ of Driveway Approaches To pave all driveway approaches to residential lots on the Lands. (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, other than in the actual reconstruction of roads adjacent to the Lands without the written consent of the authority responsible 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)~ (iii) That there shall be no burning of refuse or debris upon the 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 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 by the Town, (e) Relocation of Services (i) (ii) To pay the cost of relocating any existing services and utilities caused by the works within 30 days of the account for same being rendered by the Town. 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. (g) Temporary Signs required to be done Town in effect at the 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 designa- ted by the Director of Public Works. (h) Permanent Signs (i) To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. Engineering Drawings Prior to the final acceptance of the works required by this Agreement, to supply the Town with the original drawings of the engineering works, with amendments, if any, noted thereon. Survey Monuments & Markers Prior to the acceptance by the Town of the works required by this Agreement, to supply a statement by an Ontario Land Surveyor that, after the completion of the works, he has found or re-established all standard iron bars and survey monuments at all block corners, the ends of all curves, other than corner roundings, and all points of change in direction of streets. 22. CONSTRUCTION & OCCUPANCY OF BUILDINGS No building permit shall be issued for any building or part of a building on the Lands until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service, (2) No building or part of a building on the Lands shall 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: (i) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (ii) (iii) Electric service is completed and in operation; An asphalt base has been laid on the road immediately in front of the building or part thereof; and 7 (iv) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy, have been constructed. 23. FINANCIAL PAYMENTS (I) The Owner shall pay to the Town residential unit levies totalling $6,000, $2,000 of which is payable prior to the issuance of a building permit for Part 1, Plan 40R-9890, $2,000 of which is payable prior to the issuance of a building permit for Part 2, Plan 40R-9890 and $2,000 of which is pay- able prior to the issuance of the building permit for Part 3, Plan 40R-9890. (Z) 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. 24. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the Lands as required by law from time to time. (b) Local Improvements To prepay any outstanding local improvement charges which are levied against any of the Lands. (c) Interest To pay interest at the rate of eighteen per cent (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) Rel~istration Fees To pay all registration costs incurred by the Town relating in any way to the registration of this Agreement or any other related documentation, including transfers, in the Land Titles Office. (e) Lien or Other Claims Upon applying for final acceptance of the works 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 in connection with the subdivision, 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 con- nection therewith. 25. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall 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 security. 8 26. PROVISION OF PARKLAND Prior to the registration of this Agreement, the Owner shall pay to the Town the sum of $3,675 in satisfaction of the Owner's obligation to provide parkland. 27. TREE PLANTING (1) The Owner shall plant on road allowances adjacent to the Lands, three trees of a size and type approved by the Town. The trees approved by the Town shall be planted by the Owner when the boulevard into which they are to be planted is sodded. 28. 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 the registration of this Agreement and shall guarantee the workmanship and materials for a period of two years from the date that the said works are approved in writing by the Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. 29. DEMOLITION OF EXISTING BUILDINGS Prior to the issuance of a building permit to allow the construction of any building on Part 1 and Part 2, Plan 40R-9890, or either of them, the Owner shall demolish the existing shed at the rear of those Parts, at its Prior to the issuance of a building permit to allow the construction of any building on Part 3 and Part 4, Plan 40R-9890, or either of them, the Owner shall demolish the existing house and related buildings and structures on those Parts at its expense. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED HOLLINGER CONSTRUCTION LIMITED Kenneth Hollinger, President THE CORRORATION OF THE TOWN OF PICKERING F~ E. Andeh'~h, Mayo~-~ ce Taylor, Clerk