HomeMy WebLinkAboutBy-law 2011/85THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2011 /85
Being a by-law to authorize the execution of
development agreement between Chrand Con-
struction Inc and The Corporation of the Town of
Picketing respecting the development of part Lot
62, Plan 1041, Pickering (Parts 3-12, Plan 40R-
).
WHEREAS, by decisions dated October 22nd, 1984, the Regional Municipality of
Durham Land Division Committee approved the severance of five building lots from Lot
62, Plan 1041. Pickering subject to several conditions, one of which requires that the
Town be satisfied financial and otherwise, with respect to the proposed development;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a development agree-
ment, in the form attached hereto as Schedule A between Chrand Construction
Inc. and The Corporation of the Town of Picketing, respecting the development
of part Lot 62, Plan 104l, Picketing (Parts 3-12, 40R- ).
BY-LAW read a first, second and third time and finally passed this 6th day of May.
1985.
Clerk
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2011 /85
Being a By-law to authorize the execution of
development agreement between Chrand Con-
struction Inc and The Corporation of the Town of
Pickering respecting the development of part Lot
62, Plan 1041, Pickering (Parts 3-12, Plan 40R-
).
WHEREAS, by decisions dated October 22nd, 1984, the Regional Municipality of
Durham Land Division Committee approved the severance of five building lots from Lot
62, Plan 1041, Picketing subject to several conditions, one of which requires that the
Town be satisfied financial and otherwise, with respect to the proposed development;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a development agree-
ment, in the form attached hereto as Schedule A between Chrand Construction
Inc. and The Corporation of the Town of Picketing, respecting the development
of part Lot 62, Plan 1041, Pickering {Parts 3-12, 40R- ).
BY-LAW read a first, second and third time and finally passed this 6th day of .May,
1985.
Clerk
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2011 /85
Being a by-law to authorize the execution of
development agreement between Chrand Con-
struction Inc and The Corporation of the Town of
Picketing respecting the development of part Lot
62, Plan 1041, Picketing (Parts 3-12, Plan 40R-
).
WHEREAS, by decisions dated October 22nd, 1984, the Regional Municipality of
Durham Land Division Committee approved the severance of five building lots from Lot
62, Plan ]04], Pickering subject to several conditions, one of which requires that the
Town be satisfied financial and otherwise, with respect to the proposed development;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a development agree-
ment, in the form attached hereto as Schedule A between Chrand Construction
Inc. and The Corporation of the Town of Picketing, respecting the development
of part Lot 62, Plan ]04], Pickering (Parts 3-12, 40R- ).
BY-LAW read a first, second and third time and finally passed this 6th day of May,
1985.
/ ' CleYk ~ /' '
Schedule A - B~-law 2011/85
THIS AGREEMENT made this 6th day of May, 1985.
BETWEEN:
CHRAND CONSTRUCTION INC.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the nTown"
OF THE SECOND PART.
WHEREAS, Norman Peer proposes to sever Lot 62, Plan 1041, in the Town of
Picketing in the Regional Municipality of Durham, to create five building lots and one
retained parcel in accordance with the terms and conditions of the Regional
Municipality of Durham Land Division Committee decisions LD 331-5/84, each dated
October 22, 1984; and
WHEREAS the Owner herein proposed to develop those building lots;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the sum
of $2.00 now paid by each party to the other, receipt of which is acknowledged by
each, and the covenants hereinafter expressed, the Parties hereto covenant and agree
one with the other as follows:
PART ! - PROPERTY DESCRIPTION
1. LAND AFFECTED
The lands affected by this Agreement are:
ALL AND SINGULAR that certain parcel or tract of land and premises situate,
lying and being in the Town of Picketing, in the Regional Municipality of
Durham and Province of Ontario and being composed of that part of Lot 62.
Plan 1041, designated as Parts 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, Plan 40R-Y.
PART 2 - SERVICES
OWNER'S GENERAL UNDERTAKING
The Owner shall complete at his own expense and in a good workmanlike man-
ner, for the Town, all the municipal services as hereinafter set forth to the
satisfaction of the Director of Public Works for the Town of Picketing, and shall
complete, perform or make payment for such other matters as may be provided
for herein.
3. CONSULTING ENGINEERS
(1)
The Owner shall retain a Professional Engineer as the Consulting Engineer
of the Owner to carry out all the necessary engineering and to supervise
generally the work required to be done for the development of the pro-
ject.
(2)
Such Consultin$ 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. STORM DRAINAGE
(1)
The Owner shall construct a storm drainage system including storm con-
nections to the street line to service the five building lots (Parts 3-12,
inclusive, Plan 40R-Y) and road allowances adjacent thereto and to
provide capacity for lands upstream thereof, according to designs
approved by the Director of Public Works and according to the
specifications of the Town in effect at the date hereof and shall maintain
it, including clearing any blockages or debris from whatever cause, until
it is formally accepted by the Town.
Such system shall be constructed to an outlet or outlets according to
designs approved by the Director of Public Works and shall be of suffi-
cient size and depth and at locations either within or outside the lands
affected hereby to service the five building lots and the aforementioned
lands outside them.
(3)
Without limiting the generality of the provisions of subsections (1) and
(2), above, the Owner shall pipe the existing watercourse, to the satis-
faction of the Director of Public Works, from its existing source at the
intersection of Stroud*s Lane and Spruce Hill Road along Stroud's Lane to
a point 3 metres west of the easterly boundary of Part I, Plan 40R-Y and
thence south to a point in the easterly boundary of Part 12, Plan 40R-Y.
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.
The Owner shall reconstruct the ditch on the east side of Spruce Hill
Road adjacent to the five building lots and grade and sod that ditch.
(3)
The Town's specifications for boulevard grading and sodding shall apply
to the existing road adjacent to the project.
(4)
The Owner shall maintain and repair Spruce Hill Road and Stroud's Lane
both where construction has taken place or where either is used by
construction traffic serving the project and keep such roads clear of
dust, refuse, rubbish or other litter of all types.
DRIVEWAY ENTRANCES/CULVERTS
The Owner shall construct driveway entrances with culverts on Spruce Hill
Road, according to the specifications of the Town in effect at the date hereof.
-3-
PART 2 - SERVICES (Cont'd)
7. UNDERGROUND ELECTRIC DISTRIBUTION & CABLE TELEVISION SERVICE
Underground electric distribution shall be provided for the five building
lots according to the standards and specifications of Picketing Hydro-
Electric Commission.
(2) Cable television services shall be provided for the five building lots
according to the standards of Picketing Cable T.V. Limited.
(3) The installation of all works provided for in this section shall be con-
structed under the supervision and inspection of Picketing Hydro-Electric
Commission and Picketing Cable T.V. Limited, as the case may be.
8. INSPECTIONS
(1)
Prior to the issuance of the first building permit after the date hereof for
any of the five building lots, the Owner shall pay to the Town the sum of
$175 as an engineering drawing inspection fee.
(z)
All works required to be constructed by the Owner, except thos~ re-
ferred to in section 7, 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 (2), 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 Liabihty 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 said policy and to supply
proof that 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)
Before commencing the construction, installation or performance of any of
the works provided for herein, 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 worksi
(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, 1982, and
PART 2 - SERVICES (Cont'd)
(z)
(3)
guaranteeing all works, workmanship and materlals 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.
Upon written verification from the Director o£ 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 $2,500, which sum
shah 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.
Upon the approval, if any, of the reduction referred to in subsection
(2), above, the Town Manager or the Town Treasurer shall provide to
the Owner any necessary assurance to effect the reduction.
11. DRAINAGE - SODDING
(1)
The Owner shall provide the Town, before commencing any of the work
provided for herein and prior to the commencement of the development of
the project, with a Grading Control Plan prepared by the Owner's Con-
sulting Engineer, establishing the proposed grading of the five building
lots to provide for the proper drainage thereof and the drainage of that
part of Lot 62, Plan 1041, not being a Part on Plan 40R-Y.
(2)
The Grading Control Plan shall be prepared in accordance with the
Town's Lot Drainage 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.
(3)
The grading of all lands shall be carried out by the Owner in accordance
with the Grading Control Plan, under the supervision 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
catch basins, swales or other structures as may be necessary to correct
such problems.
(5)
The Owner shall sod the front, side and rear yards of each of the five
building lots except for paved, planted or treed areas, upon the com-
pletion of the construction of 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 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.
PART 2 - SERVICES (Cont'd)
(3)
(4)
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.
The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
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.
13.
TRANSFER - CONVEYANCE
(1)
The Owner shall convey Parts 1 and 2, Plan 40R-Y, to the Town. free
and clear of all encumbrances and at no cost to the Town, prior to the
clearance of deeds pursuant to the Land Division Committee decisions.
Notwithstanding the provisions of subsection (1). above, a transfer
required therein shall not be deemed to be subject to an encumbrance if
that encumbrance relates in any way to the existence or maintenance of a
public utility in operstion as of the date of this Agreement.
14.
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 vrlthin the
boundaries of the project and across lands adjacent thereto but outside
its boundaries.
Such easements shall be subject to the approval of the Director of Public
Works or his designate 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 registered owner of the
lands across which the easement shall lie.
PART 2 - SERVICES (Cont'd)
15. SERVICE CAPACITY
This Agreement shall be subject to the Owner entering into satisfactory ar-
rangements with the Regional Municipality of Durham with respect to the allo-
cation of water capacity and service for the project.
16. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a)
Paving of Driveway Approaches
To pave ali driveway approaches between the edge of the travelled por-
tion of Spruce Hill Road and the lot line.
(b)
Continuation of Existing 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), above.
(iii)
That there shall be no burning of refuse or deb~ts upon its lands
or any public lands.
(d) Qualitative or Quantitative 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,
under this Agreement to the
date hereof.
to perform any work required to be done
specifications of the Town in effect at the
(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.
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(I)
17.
No application for a building permit shall be made for any building or
part of a building in the project until:
(a) water facilities are available, capable for providing adequate
service; and
(b) the requirements dated October 17, 1984 of the Regional Health
Services Department have been satisfied.
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; and
(b) Electric service is completed and in operation,
PART 4 - FINANCIAL MATTERS
18.
FINANCIAL PAYMENTS
(1)
The Owner shall pay to the Town a unit levy in the amount of $3,500 per
unit, for each dwelling unit for which a building permit is received.
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 hms been
paid shall be deemed to be a release of this section for the lands referred
to in the said letter.
19. FINANCIAL SECURITY
(1)
The Owner shall, immediately prior to the registration of this Agreement.
deposit with the Town, a security payable to the Town, in a form satis-
factory to the Town, for the sum of $17,500 as security for the payments
referred to in section 18 hereof.
Should the security expire during the currency of this Agreement, the
Owner shall provide to the Town at least 30 days in advance of the
expiry date of the security, a further security to take effect upon the
expiry.
(3) Such further security shall be to the satisfaction of the Town.
(4)
Should no such further security be provided as required, then the Town
shall have the right to convert the expiring security into cash and hold
the cash in lieu of and for the same purposes as any further security.
GENERAL PROVISIONS - FINANCIAL MATTERS
(a) Taxes
To pay the taxes in full on all the lands affected hereby, 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) 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.
PART 4 - FINANCIAL MATTERS (Cont'd)
21. 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
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.
PART 5 - GENERAL PROVISIONS
22. LICENCE TO ENTER
The Owner shall retain a licence from any subsequent pruchaser of the lands
affected hereby or any part thereof, to enter upon such lands in order to
comply with the provisions of this Agreement.
23. CANCELLATION OF AGREEMENT
In the event this Agreement is not registered on or before June 30th, 1985, the
Town may. at its option on one month's notice to the Owner, declare this
Agreement to be null and void.
24. NOTICE
Any notice required to be given hereunder may be given by registered mall
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.
25. 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.
26. TIME
Time shall be o£ the essence of this Agreement.
27. 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 Corporate Seal
duly attested by their proper officers in that behalf fully authorized.
SIGNED, SEALED ~ DELIVERED
CHRAND CONSTRUCTION INC.
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk