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HomeMy WebLinkAboutBy-law 2798/88THE CORPORATION OF TFIE TOWN OF PICKERING $Y-LAW NO. 27�8 /88 Being a by-law to authorize the execution of a Development Agreement between Rex B. Benfield and Marilyn J. Benfield and The Corporation of the Town of Pickering respecting the development of Part Lots 5 and 6, Plan 329, Pickering. WHEREAS, by Resolution 55/88, item 4, the Council of The Corporation of the Town of Pickering approved Zoning By-law Amendment Application A24/86, subject to certain conditions, pursuant to the provisions of the Planning Act, 1983, S.O, 1983, chapter 1; and WHEREAS, by Decisions variously dated, the Regional Municipality of Durham Land Division Committee approved the creation of three building lots from Lots 5 and 6, Plan 329, Pickering, subject to several conditions, one of which requires that the Town be satisfied financially and otherwise with respect to the proposed development; NOW THEREFORE, the Council of The Corporation of the Town of Pickering E3EREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Development Agreement in the form attached hereto as Schedule A, between Rex B. Benfield and Marilyn J. Benfield and The Corporation of the Town of Pickering, respecting the development of Part Lots 5 and 6, Plan 329, Pickering (A 24J86; LD 278/86; 274/86; 11/88). BY-LAW read a first, secand and third time and finally passed this 6th day of June, 1988. iCe��z /l �-o%���� _ Alex Robertson, Acting �4ayor �� / � � � �---- /'��Bruce Tay or, , �r THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2798 /88 Being a by-law to authorize the execution of a Development Agreement between Rex B. Benfield and Marilyn J. Benfield and The Corporation of the Town of Pickering respecting the development of Part Lots 5 and 6, Plan 329, Pickering. WHEREAS, by Resolution 55/88, item 4, the Council of The Corporation of the Town of Pickering approved Zoning By-law Amendment Application A24/86, subject to certain conditions, pursuant to the provisions of the Planning Act, 1983, S.O. 1983, chapter 1; and WHEREAS, by Decisions variously dated, the Regional Municipality of Durham Land Division Committee approved the creation of three building lots from Lots 5 and 6, Plan 329, Pickering, subject to several conditions, one of which requires that the Town be satisfied financially and otherwise with respect to the proposed development; 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 Development Agreement in the form attached hereto as Schedule A, between Rex B. Benfield and Marilyn 7. Benfield and The Corporation of the Town of Pickering, respecting the development of Part Lots 5 and 6, Plan 329, Pickering (A 24/86; LD 278/86; 279/86; 11/88). BY-LAW read a first, second and third .time and finally passed this 6th day of June, 1988. ���z � A ex Robertsor},�tin� / N�> ���� � /lBruce ay or, r TOWN OF PICKER;NG APPROVED �EGAL Schedule A THIS AGREEMENT made this 6th day of June, 1988. B E T W E E N: REX BARRYMORE BENFIELD and MARILYN JOAN BENFIELD hereinafter collectively 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 propoaes to develop those parts of Lots 5 and 6, Plan 329, designated as Parts 1, 2, 3, and 5, Plan 40R-11219, in the Town of Pickering in the Regional Municipality of Durham, to create three additional building lots (LD 278/86; 279/86; 11/88); 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 (1) The lands affected by this Agreement (the "Lands") are those parts of Lots 5 and 6, Plan 329, designated as Parts 1, 2, 3 and 5, Plan 40R-11219, Pickering. (2) The Landa shall be developed such that, (a) Part 1, Plan 40R-11219 shall comprise one building lot, (b) Part 2, Plan 40R-11219 shall comprise one building lot, and (c) Parts 3 and 5, Plan 40R-11219 shall comprise one building lot. 2. OWNER'S GENERAL UNDERTAKING The Owner shall complete at his own expense and in a good workmanlike man- ner, for the Town, all 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 as may be provided for herein. 3. ROADS - BOULEVARDS (1) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installatian of electric, tele- phone, gas or other utilitiea. (2) The Owner shall maintain and repair Woodview Avenue where conatruction has taken place or it is used by construction traffic serving the Lands and keep that road clear of mud, dust, refuse, rubbish or other litter of all types. 4. 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 standarda and specifications of Pickering Hydro-Electric Commisaion, Pickering Cable T.V. Limited or Bell Canada, as the case may be. 5. COSTS OF ADJACENT SERVICES Prior to the registration of this Agreement, the Owner shall pay to the Town the sum of $19,625 in satisfaction of the Owner's obligation to install or provide atorm water management facilities, storm sewers, sidewalks, curbe, road and boulevard works, street light upgrading, driveway aprons and street trees in or on Woodvie,w Avenue adjacent to the Lands. 6. DRAINAGE - SODDING (1) The Owner shall provide to the Town, prior to the issuance of any build- ing permit for the construction of any dwelling unit on any building lot, a Lot Grading and Storm Water Management Plan prepared by an Engineer, establishing the proposed lot grading and atorm water manage- ment techniques to provide for the proper drainage of all 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 6Vorks and the Metropolitan Toronto and Region Conservation Authority. (3) The grading of all the Lands shall be carried out by the Owner in accordance with the Lot Grading and Storm Water Management Plan, under the supervision of the Owner's Engineer. (4) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the grading and sodding by the Town, the Owner shall correct them by re-grading or re-sodding by the construction of catch basins, swales or other storm water management facilities as may be necessary to correct such problems, 7. TREE PRESERVATION (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 shal] be preserved. (2) the Program shall be submitted to the Director of Planning for review and approval, and once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Program, the Director shall be governed by the Town Tree Preservation Policy in effect at the date hereof. (4) Until auch time as the Program is approved, the Owner shall not commence, nor allow to be commenced, any aspect of the development of the Lands, including the removal of any trees. (5) 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 height, diameter and species determined by the Director; such replacement shall be at no cost to the Town. E � (6) The Owner's liability under subsection (5) shall continue until twelve montha after the completion of the sodding on the building lot on which the tree is or was located. 8. PERFORMANCE & MAINTENANCE GUARANTEE (1) Prior to the iasuance of a building permit for the construction of a dwelling unit on each building lot (as described in section 1(2)), the Owner shall supply the Town with a$2,000 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 required hereunder in or on that lot; (b) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (c) guaranteeing all worka, 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 the security is provided has been completed, the 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. 9. 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 as may be rejected by the Director of Public 4Vorks 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. � 10. 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 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 deaignate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1), above, 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 regiatered owner of the lands across which the easement shall lie. 11. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Continuation of Existing Services Where the construction of services herein involvea a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (b) Public Lands - Fill & Debris (i) [Veither 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 the Lands or any public lands. (c) 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. (d) 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. (e) 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. (f) Engineering Drawings To supply the Town with the original drawings of the engineering works for the project, with amendments, if any, noted thereon. 4 iz. 13. 14 OCCUPANCY OF BUILDINGS (1) �z) No building or part of a building on the Lands shall be occupied except upon the issuance of a municipal occupancy permit. No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditiona: (a) sewage and water facilitiea are installed and in operation to adequately serve such building or part thereof; (b) the building lot on which the building is located has been graded and all storm water management techniques and facilities have been applied or installed, in accordance with the Lot Grading and Storm Water Management Plan approved under section 6; and (c) electric service is completed an d in operation. FINANCIAL PAYMENTS Prior to the registration of this Agreement, t e Owner shall pay to the Town the sum of $7,500, being the unit levies for�the three dwelling units to be erected on the Lands. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees: (a) (b) (c) (d) (e) Taxes To pay the taxes in full on all the Lands as required by law from time to time . Local Improvements Prior to the clearance by the Town of any conditions of Durham Land Division Committee Decisions LD 279/86, to prepay any outstanding local improvement charges which are levied against the Lands. Interest To pay interest at the rate of 18$ 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. 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. 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 demanda for liens or otherwise and all costs in connection therewith. 15. 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 Agreeroent 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. 5 16. LICENCE TO ENTER The Owner shail retain a licence from any subaequent purchaser of the Lands or any part thereof, to enter upon such landa in order to comply with the provisiona of this Agreement. 17. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of businesa and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. 18. INTERPRETATION 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. 19. TIME Time shall be of the essence of this Agreement. 20. 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 individuals comprising the Owner, which individuals are married to each other, have hereunto set their hands and seals and the Town has hereunto affixed its Corporate Seal duly attested by its proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED In the presence of 0 ex Barrymore Ben ie Mari yn oan Ben ie THE CORPORATION OF THE TOWN OF PICKERING A ex o ertson, cting ayor ruce ay or, er 0