HomeMy WebLinkAboutBy-law 3571/90 THE CORPORATION OF THE TOWN OF PICKERLNG
BY-LAW NO. 3571/9~
Being a by-law to authorize the execution of a
Development Agreemetrt between the Town and Kfl. and
G.M. Leuchtefeld respecting Part Lots 20 and 21, Plan
818, Pickering (Parts 2-4, Plan 40R-13106) (LD248/90,
LD249/90 and LD250/90).
WHEREAS the Durham Land Division Committee made Decisions LD248-50/90 on May 28, 1990,
.apl~roving the severance of three single dwelling building lots in Lots 20 and 21, Plan 818, Picketing,
being Parts 2, 3 and 4, Plan 40R-13106, subject to certain conditions, the effect of one of which is to
require, pursuant to the provisions of the Planning Act 1983, S.O. 1983, chapter 1, section 52(2), that
the applicants/owners, K.H. and G.M. Leuchtefeld, enter into an Agreement with the Town pursuant to
section 50(6) of the Act;
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 an Agreement, in the form attached
hereto as Schedule A, between Karl Heinz Leuchtefeld and Gertrud Maria Leuchtefeld and The
Corporation of the Town of Picketing, respecting the developmem of those parts of Lots 20 and
21, Plan 818, Picketing, designated as Parts 2, 3 and 4, Plan 40R-13106 (LD248-50/90).
BY-LAW read a fa'st, second and third time and finally passed this 15th day of October, 1990.
TOWN CF
PICKERING
APPROVED
LEGAL OEi~'r,
THE CORPORATION OF THE TOWN OF PICKERING
-L .357!
Being a by-law to authorize the execution of a
Development Agreement between the Town and K.H. and
G.M. Leuchtefeld respecting Part Lots 20 and 21, Plan
818, Pickering (Parts 2-4, Plan 40R-13106) (LD248/90,
LD249190 and LD250/90).
WHEREAS the Durham Land Division Committee made Decisions LD248-50/90 on May 28, 1990,
~mmVing the severance of three single dwelling building lots in Lots 20 and 21, Plan 818, Picketing,
g Parts 2, 3 and 4, Plan 40R-13106, subject to certain conditions, the effect of one of which is to
require, pursuant to the provisions of the Planning Act 1983, S.O. 1983, chapter 1, section 52(2), that
the applicants/owners, K.H. and G.M. Leuchtefeld, enter into an Agreement with the Town pursuant to
section 50(6) of the Act;
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 an Agreement, in the form attached
hereto as Schedule A, between Karl Heinz Leuchtefeld and Gertmd Maria Leuchtefeld and The
Corporation of the Town of Picketing, respecting the development of those parts of Lots 20 and
21, Plan 818, Picketing, designated as Pans 2, 3 and 4, Plan 40R-13106 (LD248-50/90).
BY-LAW read a first, second and third time and finally passed this 15th day of October, 1990.
Wayne ~ayor
")
PICKERING I
APPROVED 'l
SCHEDULE A
THIS DEVELOPMENT AGREEMENT made October 15, 1990.
BETWEEN:
KARL HEINZ LEUCHTEFELD
and
GERTRUD MARIA LEUCHTEFELD
hereinafter collectively called ~he "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERIHG
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS, the Owner proposes to sever those parts of Lots 20 and 21, Plan 818, Picketing, designated
ns Parts 2, 3 and 4, Plan 40R-13106, from adjacent lands, and is required, ns a condition of the approval
by the Durham Land Division Committee of its Decisions LD248/90, LD249/90 and LD250/90 to enter
into this Development Agreement under the provisions of subsections 50(6) and 52(2) of the Planning
Act 1983, S.C. 1983, chapter 1;
NOW THEREFORE THIS AGREEMENT W1TNESSETH that, in consideration of the Town advising
the Durham Land Division Committee of the Town's satisfaction with the Owner's compliance with the
conditions of severance approval affecting the Town, and the covenants hereinafter expressed, the
Parties hereto covenant and agree one with the other as follows:
The lands affected by this Agreement (the "Lands") are those parts of Lots 20 and 21, Plan 818,
Picketing, designated as Parts 2, 3 and 4, Plan 40R-13 I06.
2. CANCELLATION OF AGREEMENT
In the event this Agreement is not registered on or before December 31, 1990, the Town may, at
its option on one month's notice to the Owner, declare this Agreement to be null and void and of
no futther effect, and the Town shall not be liable for any expenses, costs or damages suffered
by the Owner ns a result thereof.
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 ns of the second day
immediately following the date of the deposit thereof in the Post Office.
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 shall be construed accordingly.
Time shnll be of the essence of this Agreement.
This Agreement and everything herein contained shall enure m the b~nefit of and be binding
upon the Parties hereto, their successors and assigns.
The Owner shall retain a licence from any subsecjnent pureh?.er of the Lands, or any part
thereof, to enter upon the Lands in order to comply w~th the pmv~sions of this Agreement.
8. OWNER'S GENERAL UNDERTAYON~
The Owner shall complete at its own expense and in a good workmanlike manner, for the Town,
all the works and services as hereinafter set forth to the satisfnction of the Town of Picketing,
and shall complete, perform or make payment for such other matters as may be provided for
herein.
9. CONSULTING ENGINEERS
(1) The Owner shah retain a Professional Engineer as the Consulting Engineer of the
Owner to cnn'y out all the necessary engineering mad to supervise generally the work
required to be done for the development of the project. ·
(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.
(3) Thisprovision shall not be construed so as to prevent the Owner from changing from
one Consulting Engineer to another at any time or times during the development and
~ construction of the project, so long as the Owner has a Consulting Engineer retained at
all times.
10. FAIRPORT ROAD SERVICES - CASH CONTRIBUTION
Prior to the registration of this Agreement, the Owner shah pay to the Town the sum of
$19,735.04, derived as follows:
(a) on account of curbs and gutters (54.85m @ $54.80) $3,005.78
(b) on account of street lighting (54.85m @ $21.70) $1,190.25
(c) on account of sidewalk (54.85m @ $54.80) $3,005.78
(d) on account of boulevard improvements (54.85m @ $12.40) $680.14
(e) on account of storm sewer (54.85m @ $183.00) $10,037.55
(f) on account of roadworks (54.85m @ $33.10) $1,815.54
by cash or certified cheque, which sum (and the interest thereon) the Town shah retain for the
purpose of the construction of the services referred to adjacent to the Lands.
11. FAIRPORT ROAD REPAIR
(1) The Owner shah reconstruct and repair Falrport Road where construction has taken
place and where it is used by construction traffic entering the Lands and keep it clear of
mud, dust, refuse, rubbish and other litter of all types.
(2) The Owner shah erect and maintain adequate signs to warn all persons using Fairpon
Road that construction is occurring; such signs and the location thereof are subject to
the approval of the Town's Director of Public Works.
-2-
12. FAIRPORT ROAD DITCH RECONSTRUCTION
(l) The Owner shall reconstruct and sod the ditch on the west side of Fairport Road
nccording to the specificatinns of the Town in effect at the date hereof and shall
maintain it until it is accepted by the Town.
(2) The Owner shall keep the ditch clear and free of materials and obstructions which might
interfere with the installation of electric, telephone, gas or other utilities or the safe
movement of vehicles and pedestriam.
13. ELECTRICAL SERVICES
Where electricity, cable television service or telephone service is to he provided to the Lands, it
s.h..~ .be provided und?tground, and in accordance with the st. andards and specifications of
PJckermg Hydro-Electric Commtssinn, Pickerin8 Cable T.V. Limited or Bell Canadn, as the cas~
may he.
14. ON SITE DRAINAGE AND SODDING
(1) Prior to the issuance of a building permit for the construction of any building to he
erected anywhere on the Lands, the Owner shall provide the Town with a Grading
Control Plan for all the Lands 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.
(2) The Grading Control Plan shall he prepared in accordance with the Town's Lot
Drainage Specifications in effect at the date of this Agreement, and shall nm provide for
the drainage of surface run-off water onto Town-owned parkland, open space or
walkways unless provision is made for the installation by the Owner, at no cost to the
Town, of suitable swales and catch basins to manage adequately, in the opinion of the
Town's Director of Community Services and Facilities, that surface nm-off water.
(3) The Grading Control Plan is subject to the approval of the Town's Directors of Public
Works and Community Services and Facilities.
(4) The grading of the Lands shall he carried out by the Owner in accordance with the
~nng.roved Grading Control Plan, under the supervision of the Owner's Consulting
meet.
(5) If, in the opinion of the Director of Public Works, drainage problems occur prior to
formal acceptance of the grading by the Town, the Owner shall correct them by
re-grading or by the construction of catch basins, swales or other structures as may he
necessary to correct such problems.
(6) The Owner shall sod those parts of the Lands that are not built upon, except for paved,
planted or treed areas.
(1) Prior to the registration of this Agreement, the Owner shall pay to the Town the sum of
$105 as an engineering drawing inspection fee.
(2) All works required to he constructed by the Owner, exce~ those refen'ed to in section
13 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 (2) may include, but not necessarily be limited to,
salaries and wages of Inspector~, testing fees and administration fees.
16. TRANSFER - FAIRPORT ROAD ROAD WIDENIN~
(1) The Owner shah convey to the Town, free and clear of ail encumbrances and at no cost
to the Town, prior to the registration of this Agreemem, all of that part of Lot 21, Plan
818, Picketing designated as Part 5, Plan 40R-13106, as a road widening.
-3-
(2) Notwithstanding the provisions of subsection (I), above, a transfer required therein
shall not be deemed to be subject to an encumbrance ff that encumbrance relines in any
way to the ex~tence or maintenance of a public utility in operation as of the date of this
Agreement.
(3) Within thin'y days following the registration of the Iransfer effecting the conveyance
referred to in subsection (1), the Town shall dedicate the lmnds conveyed as public
highway.
17. (]~ PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Pavin_~ of Drivewa.v .A~.roaches
To pave all driveway approaches to lots comprising the Lands between the travelled
road surface and the front lot line.
(~ontinuatlon of Existing Services
Where the construction of services herein involves a continuation to existing services,
to join into the same, including adjuslrnent of grades where necessary, in a good and
workmanlike manner.
(c) Public Lands - Fill & Debris
(i) Neither to dump nor to permh to he dumped, any fill or deblis on, nor to
remove or perm/t to be removed, any fall from any public lands without the
writien 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 subclause (i).
(iii) That there shall be no burning of refuse or debris upon its Lands or any public
lands.
(d) _Oualit~tive or Quantitative Tests
The Director of Public Works may have qualhative or quantitative tests made of any
materials which have been or are proposed to be used in the constmaion of any works
or services required by this Agreement, and the cost of such tests shall he paid by the
Owner within30 days of the account being rendered by the Town.
(e) ' '
(i) To pay the cost of relocating any existing services and utilities caused by the
work 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.
Unless otherwise provided, to perform any work required to he done under this
Agreement to hhe specifications of the Town in effect at the date hereof.
(g)
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 designated by the Director of Public
Works.
18. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) 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 he occupied except upon the
issuance of a municipal occupancy permit.
(3) No ~plication for a municipal occupancy permit for a building or part of a building on
(a) sanitary sewer and water facilities are installed and in operation to adequately
serve such building or part thereof; and
(b) electric service is completed and in operation.
19. FINANCIAL PAYMENTS
(1) Prior to the registration of this Agreement, the Owner shall pay to the Town residential
dwelling unit levies totalling $9,150 respecting the three dwelling units to he erected on
(2) Prior to the registration of this Agreement, the Owner shall pay to the Town the sum of
$5,512.50 as the Owners's contribution to park. land for the development of the three
dwelling units to be erected on the Lands.
20. GENERAL PROVISIONS - FINANCIAL MATrERS
The Owner agrees with the Town:
(a) Int~st
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.
(b) I~
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
Registry Office.
(c) ' '
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 works, or if such claims do exist, the Owner shall indemnify the Town against all
clain~, actions or demands for liens or otherwise and all costs in connection therewith.
IN WITNF~S WHEREOF, the persons comprising the Owner have hereunto affixed their respective
hands and seals and the Town has hereunto affixed its Corporate Seal attested to by the hands of its
authorized officers.
SIGNED, SEALED & DR.f.~ERED
In the presence of
Karl Heinz Luechtenfeld
Oertmd Maria Luechtenfeld
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Brace Taylor, Clerk
-1-