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HomeMy WebLinkAboutBy-law 3435/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3435 /90 Being a by-law to authorize the execution of an Agreement between Keith Kerr and The Corpo- ration of the Town of Picketing respecting the development of those parts of Lot 3, Concession 6, Picketing, designated as Parts 3 and 4, Plan 40R-10948. WHEREAS, pursuant to an Agreement dated January 11, 1988 between Victorian Homes (Ontario) Inc. and the Town, Notice of which was registered February 17, 1988 as Instrument No. D272255, Victorian Homes (Ontario) Inc. agreed to develop, by Febru- ary 17, 1990, those parts of Lot 3, Concession 6, Picketing, designated as Parts 1-6, Plan 40R-10948 in order to create three building lots; and WHEREAS Keith Kerr is the successor in title to Victorian Homes (Ontario) Inc. of those parts of Lot 3, Concession 6, Picketing, designated as Parts 3 and 4, Plan 40R-10948; and WHEREAS Keith Kerr has requested a one year extension in the time limit for the completion of works; 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 Keith Kerr and The Corporation of the Town o£ Pickering respecting the development of those parts of Lot 3, Concession 6, Picketing, designated as Parts 3 and 4, Plan 40R-10948. BY-LAW read a first, second and third time and finally passed this 19th day of March, 1990. Way~ Artl~(trs, mayor/.7 TOWN OF PICKERING APPROVED AS TO FOR LEGAL DEPT. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3435 /90 Being a by-law to authorize the execution of an Agreement between Keith Kerr and The Corpo- ration of the Town of Pickering respecting the development of those parts of Lot 3, Concession 6, Picketing, designated as Parts 3 and 4, Plan 40R-10948. WHEREAS, pursuant to an Agreement dated January il, 1988 between Victorian Homes (Ontario) Inc. and the Town, Notice of which was registered February 17, 1988 as Instrument No. D272255, Victorian Homes (Ontario) Inc. agreed to develop, by Febru- ary 17, 1990, those parts of Lot 3, Concession 6, Picketing, designated as Parts 1-6, Plan 40R-10948 in order to create three building lots; and WHEREAS Keith Kerr is the successor in title to Victorian Homes (Ontario) Inc. of those parts of Lot 3, Concession 6, Pickering, designated as Parts 3 and 4, Plan 40R-10948; and WHEREAS Keith Kerr has requested a one year extension in the time limit for the completion of works; 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 Keith Kerr and The Corporation of the Town of Pickering respecting the development of those parts of Lot 3, Concession 6, Pickering, designated as Parts 3 and 4, Plan 40R-10948. BY-LAW read a first, second and third time and finally passed this 19th day of March, 1990. ay~ rtJ~rflrs, ayor -- -- TO OF rffce Taylo APPROVED AS TO FORM LEGAL DEPT, SCtIEDULE A THIS AGREEMENT made this 19th day of March, 1990. BETWEEN: KEITH KERR herein called the "Builder" OF THE FIRST PART, - and - TIlE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE SECOND PART. WHEREAS, pursuant to an Agreement dated January ll, 1988 between Victorian Homes (Ontario) Inc. (hereinafter called "Victorian ttomes") and the Town, Notice of which was registered February 17, 1988 as Instrument No. D272255, Victorian Homes agreed to develop, by February 17, 1990, those parts of Lot 3, Concession 6, Picketing, designated as Parts 1-6, Plan 40R-10948 in order to create three building lots; and WHEREAS the Builder is the successor in title to Victorian Homes of those parts of Lot 3, Concession 6, Pickering, designated as Parts 3 and 4, Plan 40R-10948; and WHEREAS the Builder has requested a one year extension in the time limit for the completion of works; NOW THEREFORE, TttlS AGREEMENT WITNESSETlt that in consideration of the Town approving a one year extension to the time limit roi' work and guarantee for workman- ship and materials, the Builder agrees with the Town as follows: 1. The lands affected by this Agreement (the "Lands") are those parts of Lot 3, Concession 6, Picketing, designated as Parts 3 and 4, Plan 40R-10948. 2. In this Agreement, "Development Agreement" means the Agreement dated Janu- ary 11, 1988, between Victorian Homes (Ontario) Inc. and the Town, and registered in the Land Registry Office for the Land Registry Division of Durham (No. 40) on February 17, 1988 as Instrument No. D272255. 3. The Builder acknowledges and agrees that he is bound by the terms and con- ditions of the Development Agreement as amended hereby. 4. Section 15 of the Development Agreement is hereby amended by deleting the words "within two years" in the second line and substituting the words "within three years" for it. IN WITNESS WHEREOF, the Owner has hereunto set his hand and seal and the Town has hereunto affixed its corporate seal, attested by the hands of its authorized officers. SIGNED, SEALED & DELIVERED In the presence of .................................... THE CORPORATION OF THE TOWN OF PICKERING Bruce T ay lor ,-~][~'1~' ........... THIS AGREEMENT made this llth day .of January, 1988. BETWEEN: VICTORIAN HOMES (ONTARIO) INC. hereinafter called the "Owner" OF THE FIRST PART, 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 3, Concession 6, des- ignated as Parts 1 to 6, Plan 40R-10948, in the Town of Picketing, in the Regional Municipality of Durham, to create three building lots (A 55/86); 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 The lands affected by this Agreement (the "Lands") are those parts of Lot 3, Concession 6, designated as Parts 1, 2, 3, 4, 5 and 6, Plan 40R-10948, Picker- ing. 2. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its 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 Picketing, 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 installation of electric, tele- phone, gas or other utilities. (2) The Owner shall maintain and repair Kinsale Road where construction 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 standards and specifications of Picketing Hydro-Electric Commission, Picketing 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 $21,180 in satisfaction of the Owner's obligation to install or provide storm drainage and road and boulevard works, in or on Kinsale Road adjacent to the Lands. 6. INSPECTION OF WORK (1) Prior to the registration of the Agreement, the Owner shall pay to the Town, the sum of $70 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in section 4, 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 (Z) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. ?. 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 policy and to supply proof that the premium of the policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 8. PERFORMANCE & MAINTENANCE GUARANTEE (1) Prior to the issuance of each building permit for the construction of any dwelling unit on any part of the Lands, the Owner shall supply the Town with a. $5,000 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; (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) guaraxhteeing all works, workmanship and materials for a period of two years from the date that the works sre 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 guar- antee of works, workmanship and materials, until the obligation to guar- antee has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. 9. 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 part of the Lands, a Lot Grading Control Plan prepared by an Engineer, establishing the proposed lot grading to provide for the proper drainage of the Lands. (2) The Lot Grading Control Plan shall be prepared in accordance with the Town's Lot Grading Control and Drainage Specifications in effect at the date of this Agreement and is subiect to the approval of the Director of Public Works and the Central Lake Ontario Conservation Authority. (3) The grading of all lands shall be carried out by the Owner in accordance with the Lot Grading Control 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 works in the proiect by the Town, the Owner shah correct them by re-grading or by the construction of catch basins, swales or other storm water management facilities as may be necessary to correct such problems. (5) The Owner shall, (a) sod that part of each of Parts 1 and 4, Plan 40R-10948, within three metres of each side of each driveway & parking area and within four metres of each building having a ground level area in excess of 14 square metres, and (b) seed the balance of each Part, except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 10. 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 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. 3 (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. 11. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Continuation of Existing Services Where the construction o£ services herein involves a continuation to existing services, to ioin into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (b) 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), above. (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (c) Reloc~tion of Services (i) To pay the cost of relocating any existing services and utilities within 50 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 Drawin$~ To supply the Town with the original drawings of the engineering works for the project, with amendments, if any, noted thereon. 12. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No application for a building permit shall be made for any building or part of a building in the project until: 4 (a) water facilities are available and capable of providing adequate service; and (b) the requirements of the Regional Health Services Department have been satisfied. (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) sewage and water facilities are installed and in operation to adequately serve such building or part thereof~ (b) the Lands have been graded in accordance with the Lot Grading Control Plan approved hereunder, and (c) electric service is completed and in operation. 13. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $2,500 per unit. if paid before August 1, 1988 or $2,750 per unit if paid after July 31, 1988, for each of the two dwelling units to be erected on the Lands. (2) No building permit shall be issued for any dwelling unit unless payment of the unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. (3) Payments of such levies shall be made to' the Town from time to time as building permits are required. (4) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than 18 months from the date of registration of this Agreement. (5) 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. 14. GENERAL PROVISIONS - FINANCIAL MATTERS (a) Taxes To pay the taxes in full on all the Lands as required by law 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) Re[~istration Fees To pay all registration costs ~ncurred 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. 15, TIME LIMIT ~OR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Save as k otherwise provided, the Owner shall complete the works required under thi ~reement within two years from the date of registration of this Agreement .id 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. 16, 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. 17. NOTICE Any notice required to be given hereunder may be given by registered mai] 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. 18. INTERPRETATION Whenever in this Agreement the word "Owner", or the pronoun "it" tS used, it shall be read and construed as "Owner or O~ners", and "his", "her" or "them", respectively, and the number of the vet5 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 bit ,'-~ upon the Parties hereto, their successors and assigns. IN WITNESS k'hr..,ilOF, the Parties hereto have hereunto affixed their corporate seals, duly attested by their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED VICTORIAN HOMES (ONTARIO) INC. per: KARSTEN SMITH, President IHE C?RPORA..,T,,ION OF,. THE TOWN OF PICKERING //~6hfl-E~~ Anderg6n; Mayo¥~