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HomeMy WebLinkAboutBy-law 3489/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3489/90 Being a by-law to authorize the execution of a Development Agreement and a Noise Attenuation Agreement with D.J. and R.C. Plitz respecting part of Lot 15, Concession 7 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 Douglas J. Plitz and Ruth Carol Plitz and the Corporation of the Town of Pickering with respect to the development of part of Lot 15, Concession 7. 2. The Mayor and Clerk are hereby authorized to execute a Noise Attenuation Agreement in the form attached hereto as Schedule B between Douglas J. Plitz and Ruth Carol Plitz and the Corporation of the Town of Pickering with respect to the development of part of Lot 15, Concession 7. BY-LAW READ a first, second and third time and finally passed this 18th day of June, 1990. j~f~uce Tayl or,~Jwn/~1 erk THIS DEVELOPMENT AGREEMENT made June 25, 1990, BETWEEN: DOUGLAS J. PLITZ and RU'I~ CAROL PLITZ, herein collectively referred to as the "Owner", OF THE FIRST PART THE CORPORATION OF THE TOWN OF PICKERING, herein called the "town", OF THE SECOND PART. WHEREAS the Town is the owner of a non-maintained portion of Concession 8 Road extending between a point approximately 97.5 metres east of the north-west corner of Lot 16, Concession 7, Pickering, to a point approximately 530.4 metres east of that corner; and WHEREAS th.e Owner is the owner of part of Lot 15, Concession 7, Pickering, adjacent to the easterly approximately 128.0 metres of that non-maintained portio,n, of road, and wishes to sever a part thereof into a separate ownership requinng frontage on a pubhcly maintained road; and WHEREAS, as a condition of the approval of Dur. ham Land Division Committee Decision 48/89 implementing that severance, th.e Owner is r.eqmred to enter into an Agreement whereby the Owner will improve that non-mmntained portmn of road such that the Town shall assume it for maintenance purposes; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the Town concurring in the granting of the severance referred to, and of the sum of $2.00 now paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto agree as follows: 1. The land affected hereby (herein called the "Plitz Lands") are that part of Lot 15, Concession 7, Pickering, designated as Part 1, Plan 40R-19,12497. 2. (1) The Owner shall, at his sole expense and within one year after the. date hereof, construct in a good and wo.rkmanlike, manner a roadway (hereto called the "Roadway") easterly from a point apprordmately 97.5 metres east of the north-west coruer of LOt 16, Concession 7, Picketing, to a point approximately 530.4 metres east of that corner. (2) The construction of the Roadway shall include but not necessarily be limited to the following: (a) cutting and tearing of all trees, bushes, shrubs, and other vegetation; (b) removal of topsoil and preparation of subgrade; (c) installation of a proper road b.ase for a 7.9 metre wide travelled surface and a 9.0 metre radius turmng circle, such base to consist of 300 millimetres of granular B material and 150 millimetres of granular A material compacted to 100% Proctor; (d) construction of ditches on each side of the travelled surface; and -2- (e) erection of a vehicle barricade and warning sign at the easterly end of the Roadway. (3) All works required to be constructed by the Owner shall be constructed 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. (4) The costs referred to in subsection (3) may include, but not ne.cessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. (5) The construction of driveway entrances is not provided for in this Agreement; should any driveway entrance or entrances be required to the Plitz Lands, the Owner shall apply to the Town for such an entrance and comply with all the Town's requirements, financial and otherwise, with respect thereto. 3. For the purpo.ses of complying with the provisions of this Agreement, the Town hereby grants pernusslon to the Owner, his employees, agents, contractors and workmen, to enter upon the lands owned by the Town and known as Concession 8 Road, provided however that the Owner first obtains the Town's written approval to the engineering drawings respecting the improvement of the Roadway and appurtenances thereto. 4. (1) Before commencing any of the work provided.for herein, the Owner shall supply the Town with a Certificate of Insurance verifying that a Liability Insurance Pohcy is in place in a form satisfactory to the Town, naming the Town as an insured and indemn..ifyi.ng the Town from any loss arising from claims for damages, injury or otherwise ~n connection with the work done by or on behalf of the Owner on the Roadway. (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 within 30 days of the account therefor being rendered by the Town. (4) The Owner shall noti~ the Town of the dates for the renewal, of the premium of the policy and to supply proof that the premiu..m, of the said pohcy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 5. (1) Before commenting any of the works provided for. herein, the Own. er s.hall supply the. Town with an 80% performance and mmntenance security m a form satisfactory to .th.e Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfacto~j construction, installation or performance of the works; (b) guaranteeing the payment of any amounts payable to the Town hereunder; (c) guaranteeing the payment of any amount that ~e 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 one year from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, at any time after the first.50%, in value, of works have been constructed, installed or performed, and prod 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, -3- (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 payment 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 payment into court; which seventeen per cent (17%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has e.xpired, 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 a~.y, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Tow~. Treasurer shall provade to the Owner any necessary assurance to effect the reduction. 6. (1) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or caus!ng to. be pro.secuted the w. ork in connection with this Agreement within the specified t~me, or re. order that ~t may be completed within the specified time, or is improperly p. erforrmng the work, or shall the owner neglect or abandon it before the completion, or unreasonably delay the same so tha. t the conditions of this Agreement are being violated or carelessly executed, or m bad faith, or shah 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 .a~.y such case, the Director of Public Works shall promptly notify~ the Owner and h~s surety in writing of such default or neglect and .if such notification be without effect within 10 clear days after such notice, then ~n 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 reqmred for the proper completion of the 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 not,ce but the owner shall be forthwath notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) Such costs shall include a management fee of twenty per cent (20%) of the labour a..nd material val.ue, and further, a fee of thirty per cent (30%) of the value for the d~slocation 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 considerations, without which the Town would not have executed this Agreement. -4- 7. Upon the completion, to the satisfaction of the Town's Director of Public Works, of the works required to be constructed hereunder, the Town shall assume the Roadway for maintenance purposes. 8. Whenever in t. his Agreement the word "Owner~ or the pronouns "he" or "him" or the adjective "his" is used, it shall be read and construed as "Owner or Owners", or "she", "her", "they" or "them", or "her" or "their", respectively, and the number of the verb agreeing therewith shall be construed accordingly. 9. Time shall be of the essence of this Agreement. 10. (1) Any notice, document or other communication required or permitted to be given hereunder shall be in writing and shall be sufficiently given if sent by prepaid mail or delivered, (a) in the case of the Owner, to either of Douglas J. Plitz or Ruth Carol Plitz, at R. R. 2, Claremont, Ontario, L0H 1E0; and (b) in the case of the Town, to the Town Clerk, at Pickering Civic Complex, One The Esplanade, Pickering, Ontario, L1V 6K7. (2) Ea.ch Party may redesignate the person or the address, or both, to whom or at which such notice, document or other communication shall be given by giving written notice to the other. (3) Any such notice, document or other communication shall be deemed to have been given on the first business day following the day of mailing or the day of delivery, as the case may be. 11. (1) This A4~reement and everything herein contained shall extend to, bind and enure to the benefit of the Parties hereto. (2) This Agreement is not assignable, in whole or in part, by either Party. IN WITNESS WHEREOF, the persons comprising the Owner have hereunto set their hands and seals and the Town has hereunto affixed its corporate seal, duly attested by its proper authorized officers. SIGNED, SEALED & DELIVERED Douglas J.~htz Ruth Caro~l'Plitz - THE CORPORATION OF THE TOWN OF PICKERING Wayne Ar ,/Mayor ~/ Br6ce Taylor, Clerk z THIS NOISE ATrENUATION AGREEMENT made June 25, 1990, BETWEEN: DOUGLAS J. PLITZ and RUTH CAROL PLITZ, herein collectively referred to as the "Owner", OF THE FIRST PART THE CORPORATION OF THE TOWN OF PICKERING, herein called the 'Town", OF THE SECOND PART. WHEREAS the Owner has re. adc application for an amendment to the Minister of Municipal Affairs's Zoning Order (herein called the "Zoning Order"), being Ontario Regulation 102/71, made pursuant to the provisions of the predecessor of the Planning Act 1983, S.O. 1983, chapter 1, section 46; and WHEREAS the Minister requires as a precondition to his consideration of the application that the Owner enter into a Noise Abatement Agreement with the Town; 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 by each is hereby acknowledged, the Parties hereto agree as follows: 1. The land affected hereby (herein called the "Lands") are that part of Lot 15, Concession 7, Pickering, designated as Part 1, Plan 40R-12497. 2. No application for a permit to construct any building or buildings on the Lands shall be made by the Owner or by any person on the Owner's behalf unless the drawings, plans and specifications accompanying the application have first b.een reviewed by a professional engineer and. certified by him to comply with the aconstmal design requirements of the Ontario Mimstry of the Environment. 3. The proposed building, buildings and other works shown on the drawings, plans and specifications shall be erected only in conformance therewith. 4. If construction has not commenced within twelve months of the date of the certificate referred to in section 2, the certificate shall be deemed to be null and void and the Owner shall be required to obtain a fresh certificate. 5. This Agreement shall be in effect only so long as the Zoning Order is in effect and is applicable to the Lands. 6. This Agreement and everything, herein contained shall extend to, bind and enure to the benefit of the Parties hereto, their successors and assigns. -2- IN WITNESS WHEREOF, the persons comprising the Owner have hereunto set their hands and seals and the Town has hereunto affixed its corporate seal, duly attested by its proper authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne .A~J~rs, Mayor Bruce Taylor,~lerl~