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HomeMy WebLinkAboutBy-law 2427/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2427 /87 Being a by-law to authorize the execution of a Development Agreement between William R. Cooney and The Corporation of the Town of Pickering respecting the development of Part Lot 54, Plan 1041, Picketing (Parts 1-4, Plan 40R-10169). (LD 676/86) WHEREAS, by Decision dated November 17, 1986, as amended, the Regional Municipality of Durham Land Division Committee approved a severance of one building lot from Lot 54, Plan 1041, Picketing 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 Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Development Agreement in the form attached hereto as Schedule A, between William R. Cooney and The Corporation of the Town of Picketing, respecting the development of Part Lot 54, Plan 1041, Pickering (Parts 1-4, Plan 40R-10169) (LD 676/86). BY-LAW read a first, second and third time and finally passed this 6th day of April, 1987. -'John E...A.~d~ rson,~ayor ~'Bruce Taylor, Clerk TOWN OF PICKERINO APPROVED AS TO FORM LEGAL DEPT. SCHEDULE A THIS AGREEMENT made this 6th day of April, 1987. BETWEEN: WILLIAM R. COONEY hereinafter called the '~Owneru OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS, the Owner proposes to sever those parts of Lot 54, Plan 1041, designated as Parts l, 2, 3 and 4, Plan 40R-10169, in the Town of Pickerlng in the Regional Municipality of Durham, to create one building lot and one retained parcel in accordance with the terms and conditions of the Regional Municipality of Durham Land Division Committee Decision LD 676/86, dated November 17, 1986, as amended; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the sum of $2.00 now paid by each Party to the other, receipt of whicl~ 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: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of those parts of Lot 54, Plan 1041, designated as Parts 1, 2, 3 and 4, Plan 40R-10169. 2. 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 Lands. (z) 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. 4. 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 reconstruct the ditch on the east side of Spruce Hill Road adjacent to the Lands and grade and sod that ditch. (3) The Owner shall maintain and repair Spruce Hill 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. DRIVEWAY ENTRANCES/CULVERTS The Owner shall construct a driveway entrance with culvert on Spruce Hill Road, according to the specifications of the Town in effect at the date hereof. 6. 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 Pickerlng Hydro-Electric Commission, Pickering Cable T.V. Limited or Bell Canada, as the case may be. 7. COSTS OF ADJACENT SERVICES Prior to the registration of this Agreement, the Owner shall pay to the Town the sum of $7,321.90 in satisfaction of the Owner's obligation to install or provide storm sewers, sidewalks, curbs, road and boulevard works, street lighting and trees in or on Spruce Hill Road adjacent to the Lands. 8. INSPECTIONS (i) Prior to the issuance of the first building permit to be issued after the date hereof to allow the construction of a building on the Lands, the Owner shall pay to the Town the sum of $35 as an engineering drawing inspection fee. (z) All works required to be constructed by the Owner, except those re- ferred to in section 6, 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. 2 (3) (4) 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. 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 (i) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a $10,000 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; (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, 1983, and (d) guaranteeing all works, 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 reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to $5,000, which 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. (3) 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 (i) The Owner shall provide to the Town, prior to the clearance of any conditions by the Town of Durham Land Division Committee Decision LD 676/86, as amended, a Lot Grading and Storm Water Management Plan prepared by the Owner's Consulting Engineer, establishing the proposed lot grading and storm water management techniques to provide for the proper drainage of 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 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 Lot Grading and Storm Water Management Plan, under the super- vision of the Owner's Consulting Engineer. (4) (5) 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 storm water management facilities as may be necessary to correct such problems. The Owner shall sod the front, side and rear yard of the lot except for paved, planted or treed areas, upon the completion of the construction of the building 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 o~ 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. 13. 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 project 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 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. 4 14. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all 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 shah be no burning of refuse or debris 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, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (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. 15. CONSTRUCTION & OCCUPANCY OF BUILDINGS fi) 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 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: fa) sewage and water facilities are installed and in operation to adequately serve such building or part thereof; (b) the Lands have been graded and all storm water management techniques and facilities have been applied or installed, in accor- dance with the Lot Grading and Storm Water Management Plan approved under section 11; and (c) electric service is completed and in operation. 16. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $2,000 per unit, if paid in 1987 or $2,250 per unit if paid after 1987, for each dwelling unit 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. 17. GENERAL PROVISIONS - FINANCIAL MATTERS fa) Taxes To pay the taxes in full on all the lands affected hereby, as required by law from time to time. (b) Local Improvements Prior to the clearance by the Town of any conditions of Durham Land Division Committee Decision LD 676/86, as amended, to prepay any outstanding local improvement charges which are levied against the Lands. (c) 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. (d) 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. (e) 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. 18. 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. 19. 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. 20. NOTICE 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 as of the second day immediately following the date of the deposit thereof in the Post Office. 21. 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 shah be construed accordingly. 22. TIME Time shall be of the essence of this Agreement. 23. 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 Party of the First Part has hereunto set his hand and seal and the Party of the Second Part has hereunto affixed its Corporate Seal duly attested by its proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED In the presence of William R. Cooney THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk I, Nancy Helena Cooney, spouse of William R. Cooney, the Owner herein, hereby consent to the execution and entering into of this Agreement by William R. Cooney and to the registration of the Agreement upon the title to the lands affected hereby and agree to be bound by the terms of the said Agreement. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 1987 at the Town of Picketing. SIGNED, SEALED & DELIVERED In the presence of witness Nancy Helena Cooney