HomeMy WebLinkAboutBy-law 2646/88 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2646 /88
Being a by-law to authorize the execution of a
Servicing/Site Plan Agreement respecting Part Lot
20, Concession l, (Parts l, 3, 5, 7 and 10, Plan
40R-10253), to provide for the development of up
to 75 multiple dwelling units.
WHEREAS, pursuant to the provisions of the predecessor of section 40 of the Planning
Act, 1983, S.O. 1985, chapter 1, the Council of The Corporation of the Town of
Pickering 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; and
WHEREAS, therefore the Town requires Lantana Non-Profit Homes Corporation, with
the consent of Co-operative Trust Company of Canada, Cornelius Degraauw and
Frances Degraauw to enter into a Servicing/Site Plan Agreement prior to the develop-
ment, including redevelopment of that part of Lot 20, Concession 1, Pickering, des-
ignated as Parts 1, 3, 5, 7 and 10, Plan 40R-10253;
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 Servicing/Site Plan
Agreement, in the form attached hereto as Schedule A, between and The Corpo-
ration of the Town of Pickering and Lantana Non-Profit Homes Corporation
respecting the development of 75 multiple dwelling units in that part of Lot 20,
Concession l, Pickering; (Parts 1, 3, 5, 7 and 10, Plan 40R-10253).
BY-LAW read a first, second and third time and finally passed this ]8th day of
January, 1988.
TOWN OF
PICKERiNG
A?PROVEB
LEGAL DEP~
SCHEDULE A
TillS AGREEMENT made this llth day of January, 1988.
BETWEEN z
LANTANA NON-PROFIT ttOMES CORPORATION
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WIIEREAS the Owner proposes to develop part of Lot 20, Concession 1, Picketing,
being Parts 1, 3, 5, 7 and 10, Plan 40R-10253, in order that up to 75 dwellings may
be constructed thereon in accordance with the Town's By-law 3036. as amended, inter
alia, by By-law 24§4/871 and
WIIEREAS 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 21st, 1980, designating the whole of the
area of the Town of Picketing as a site plan control areal
NOW TllEREFORE, THIS AGREEMENT WITNESSETII, that in consideration of the sum
et $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 (the "Lands") are those parts of Lot 20,
Concession 1, Pickering, designated as Parts 1, 3. 5. 7 and 10, Plan
40R-10253, subject to an easement over,
(a) that part of Part 1, Plan 40R-102§3, 'being also part of Part 1, Plan
40R-3602, as set out in Instrument D140075;
(b) that part of Part 3, Plan 40R-102§3. being also part of Part 2, Plan
40R-3530, as sei out in Instrument D50966;
(c) those parts of Parts 5, 7 and 10, Plan 40R-10253, being also Parts 5. 6
and 8, Plan 40R-3530, respectively, as set out in Instruments D46728,
D48941 and D46730, respectively.
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 and other works as hereinafter
set forth to the satisfaction of the Director of Public Works for the Town of
Pickering, and shall complete, perform or make payment for such other matters
aa may be provided for herein.
CONSULTING ENGINEERS
(1) 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 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. FINCH AVENUE- BOULEVARD
The Owner shall keep the Finch Avenue boulevard adjacent to the Lands, Clear
and free of materials and obstructions which might interfere with the free and
safe installation of electric, telephene, gas or other utilities.
5. DRIVEWAY ENTRANCE/CULVERT
The Owner shall construct a driveway entrance with culvert on Finch Avenue
according to the specifications of the Town and the Regional Municipality of
Durham in effect at the date hereof.
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, Pickering Cable T.V. Limited or Bell Canada, as the case may be.
7. COSTS OF ADJACENT SERVICES - SIDEWALKS
Prior to the registration of this Agreement, the Owner shall pay to the Town
the sum of $2,050 in satisfaction of the Owner's obligation to install or provide
a sidewalk on the south side of Finch Avenue adjacent to the Lands.
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
Owner shall pay to the Town the sum of $2,625 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 pa}' 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 ~hat 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 aa herein otherwise provided, the Owner shall complete the works
required under this Agreement within one year 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
$20,000 performance security in a form satisfactory to the Town for the
purpose of,
(a) guaranteeing the satisfactory construction, installation or perfor-
mance of the works l
(b) guaranteeing the payment of any amounts payable to the Town
under section 8 of this Agreement;
(c) guaranteeing the payment of any amount that the Town may be
required to pay under the provisions of the Construction Lien
Act. 1983, and
(d) guaranteeing all works, workmanship and materials for a period of
two years from the date that the works are completed and such
completion acknowledged, in writing, by the Director of Public
Works.
(3) Upon written verification from the Director of Public Works that the
construction, installation or performance of the works has been satisfac-
torily completed and paid for, the security shall secure the guarantee of
works, workmanship and materials, until the obligation to guarantee has
expired, when the security shall be returned to the Owner subject to any
deductions for rectification of deficiencies.
11. DRAINAGE - SODDING
(1) The Owner shall provide to the Town, prior to the issuance of any permit
by the Town to allow the construction of a dwelling unit or units on the
Lands, a Lot Grading and Storm Water Management Plan prepared by the
Owner~a Consulting Engineer, establishing the proposed lot grading and
storm water management techniques to provide for the proper drainage of
the Lands.
(2) The Lot Grading and Storm Water Management Plan shall be prepared in
accordance with the Town's Lot Grading and Storm Water Management
Specifications in effect at the date of this Agreement and is subject to the
approval of the Director of Public Works and the Metropolitan Toronto and
Region Conservation Authority.
($) 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
catqh 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 within the specified time, or in order that it may be completed
within the specified time, or is improperly p~rforming 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
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 eaaes 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 he final.
(4) It ia 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 necessary for the provision of storm 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.
4
(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.
14. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town~
(a) Pavin[~ of Driveway Approach
To pave the driveway approach between the edge of the travelled portion
of Finch Avenue and the lot line.
(b) Continuation of Existin~ 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).
(iii) That there shall be no burning of refuse or debris upon its lands
or any public lands.
(d) Qualitative or 0uantitative 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) 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 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.
(h) Engineering Drawings
To supply the Town with the original drawings of the engineering works
for the project, with amendments, if any, noted thereon.
5
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 faci]itles are aval]able and capable
of providing adequate service for the Lands;
(b) unless the Lands, their use, and the resulting building to be
located thereon conform in aH 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 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:
(a) sanitary and storm sewage and water facilities are installed an(] 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) The Town acknowledges receipt by it December 31, 1987, of the sum of
$150,000 paid by the Owner in satisfaction of the Owner's obligation to
pay to the Town a unit levy for each of the 75 dwelling units to be
erected on the Lands.
(2) Prior to the registration of this Agreement, the Owner shall pay to the
Town, the sum of $1,050 per unit for each dwelling unit to be erected on
the Lands as the Owner's contribution to the Town's district and commu-
nity 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 ]aw 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. EASEMENTS
Prior to the registration of this Agreement, the Owner shall,
(a) convey to the owner of the premises abutting the north 110 feet of the
west boundary of Part 1, Plan 40R-10253, an easement over that Part for
the purpose of providing for vehicular access between those premises and
Finch Avenue; and
(b) obtain an easement from any other owner of premises abutting the Lands
for the purpose of providing for emergency vehicular access between the
Lands and a public highwi{y.
19. TREE PRESERVATION PROGRAM
(1) The Owner shall retain, at its own expense, a qualified expert to prepare
a Tree Preservation Program indicating which existing trees on the Lands
shall be preserved, which program shall be submitted to the Director of
Planning for review and approval, and, once approved, shall be
implemented as approved only.
(2) In determining whether or not to approve the Program. the Director shall
be governed by the Town Tree Preservation Guidelines in effect at the
date hereof.
(3) Until such time as the Program ia approved, the Owner shall not
commence, nor allow to be commenced, any aspect of the development of
the Lands in the plan, including the removal of any trees.
(4) In the event that any tree required to be preserved by the approved
Tree Preservation Program is removed or is, in the opinion of the Town*s
Director of Parks and Recreation, damaged to such an extent that its
value or longevity is decreased or is likely to be decreased, then the
Owner shall replace that tree with a tree of a height, diameter and
species determined by the Director; such replacement shall be at no cost
to the Town.
(5) The Owner's liability under subsection (4) shall continue until twelve
months after the completion of the sodding required by section 11(5).
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"):
Dwi{. No. Dwi{. Title Last Revised
(a)
(b)
(c)
(d)
(e)
(f)
prepared by
(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.
(3) For the purpose of guaranteeing the installation, construction and mainte-
nance for a period of two years thereafter, by the Owner, of the facil-
ities and works required to be installed, constructed and maintained
pursuant to subsections (1) and (2)° above, the Owner shall provide to
the Town, prior to the issuance of any building permit, security in the
form of an irrevocable letter of credit issued by a chartered bank in
Canada in the amount of $ , which security may be drawn
upon by the Town in such amounts, and at such times as the Town, in
its sole discretion, deems advisable, should the Owner fail to install or
maintain the facilities and works to the Town's satisfaction.
(4) 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.
21. 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.
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.
23. INTERPRETATION
(1) Whenever in this Agreement the word SOwner~, or the pronoun uit# is
used, it shall be read and construed as UOwner or Owners~, and .NhisS,
#hera or utbem#, respectively, and the number of the verb agreeing
therewith shall be construed accordingly.
This Agreement, when registered by the Town on title to the Lands, shall
be deemed by the Town to be the %greement ... to provide for the
development thereof~, contemplated by section 5(3) (a) (i) of By-law
2454/87.
24. TIME
Time shall be of the essence of this Agreement.
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
LANTANA NON-PROFIT HOMES CORPORATION
T~HE C~RPORATION OF THE TOWN OF PICKERING
cthn E. Ah~fel~'ol"i, Malor .
Bruce Taylor, Clerk
ENCUMBRANCER - GO-OPERATIVE TRUST COMPANY OF CANADA
(aGO-OPERATIVE TRUSTs)
This Agreement shall have priority over and take precedence over all of Co-operative
Trust's rights and interests, whether or not any such right or interest was
established or aross 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 th.e Lands, or any part of them, prior to the registration of this Agreement.
Dated at this day of , 1988.
SIGNED, SEALED & DELIVERED
CO-OPERATIVE TRUST COMPANY OF CANADA
ENCUMBRANCER - CORNELIUS DEGRAAUW and FRANCES DEGRAAUW
This Agreement shall have priority over and take precedence over all of our 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 , 1988.
SIGNED, SEALED & DELIVERED
In the presence of
Cornelius DeGraauw
Frances DeGraauw
The Town of Pickering
LEGAL DEPARTMENT
- Pa~t I~t 20, [bncession 1, Pickering
- Servicing/Site Plan A~reement
THE CORPORATION OF TIlE TOWN OF PICKERING
BY-LAW NO. 2646 /88
Being a by-law to authorize the execution of a
Servicing/Site Plan Agreement respecting Part Lot
20, Concession 1, (Parts 1, 3, 5, 7 and 10, Plan
40R-10253), to provide for the development of up
to 75 multiple dwelling units.
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; and
WHEREAS, therefore the Town requires Lantana Non-Profit Homes Corporation, with
the consent of Co-operative Trust Company of Canada, Cornelius Degraauw and
Frances Degraauw to enter into a Servicing/Site Plan Agreement prior to the develop-
ment, including redevelopment of that part of Lot 20, Concession 1, Pickering, des-
ignated as Parts 1, 3, 5, 7 and 10, Plan 40R-10253;
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 Servicing/Site Plan
Agreement, in the form attached hereto as Schedule A, between and The Corpo-
ration of the Town of Picketing and Lantana Non-Profit Homes Corporation
respecting the development of 75 multiple dwelling units in that part of Lot 20,
Concession 1, Picketing; (Parts 1, 3, 5, ? and 10, Plan 40R-10253).
BY'LAW read a first, second and third time and finally passed this 18th day of
January, 1988.
· lohn E. An_.d~r~tYn, Mayor
~ Br~ce TaylorfCle;~k
[TOWN OF
PICKERING
APPROVED
TIlE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2646 /88
Being a by-law to authorize the execution of a
Servicing/Site Plan Agreement respecting Part Lot
20, Concession 1, (Parts 1, 3, 5, 7 and 10, Plan
40R-10253), to provide for the development of up
to 75 multiple dwelling units.
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
Pickering 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; and
WHEREAS, therefore the Town requires Lantana Non-Profit Homes Corporation, with
the consent of Co-operative Trust Company of Canada, Cornelius Degraauw and
Frances Degraauw to enter into a Servicing/Site Plan Agreement prior to the develop-
ment, including redevelopment of that part of Lot 20, Concession 1, Picketing, des-
ignated as Parts 1, 3, 5, 7 and 10, Plan 40R-10253;
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 Servicing/Site Plan
Agreement, in the form attached hereto as Schedule A, between and The Corpo-
ration of the Town of Pickering and Lantana Non-Profit Homes Corporation
respecting the development of 75 multiple dwelling units in that part of Lot 20,
Concession 1, Pickering~ (Parts 1, 3, 5, 7 and 10, Plan 40R-10253).
BY-LAW read a first, second and third time and finally passed this 18th day of
January, 1988.
TOWN OF
PICKERING
APPROVEi)
LEGAL DEP'~