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HomeMy WebLinkAboutBy-law 1856/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1856/84 Being a by-law to authorize the execution of a Development Agreement between Catenaro's Rich- mond Hill Contracting Company Ltd. and the Corporation of the Town of Picketing, respecting Part Lot 19, Concession 8 (Claremont), (LD 389-93/83) WHEREAS, Catenaro's Richmond Hill Contracting Company Ltd. is the owner of Part Lot 19, Concession 8, Claremont and pursuant to the decisions dated December 12, 1983 of the Regional Municipality of Durham Land Division Committee is required to satisfy the Town with respect to certain matters, one of which requires that the owner enter into a satisfactory Development Agreement; 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 Catenaro's Richmond Hill Contracting Company Ltd. and the Corporation of the Town of Pickering respecting Part Lot 19, Concession 8, Claremont (LD 389-393/83). BY-LAW read a first, second and third time and finally passed this 2§th day of June, 1984. TO%VII OF Schedule A To B~,-law 1856/84 THIS AGREEMENT made this 18th day of June, 1984. BETWEEN: THE CATENARO'S RICHMOND HILL CONTRACTING COMPANY LTD. hereinafter called the ~'Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS, the Owner is the owner of that part of Lot 19, Concession 8, Picketing, designated ss Parts 1, 2, 3, 4 and 5, Plan 40R- , and, pursuant to conditions imposed in the approval by the Regional Municipality of Durham Land Division Commit- tee of Consent Applications LD 389/83, LD 390/83, LD 391/83, LD 392/83 and LD 393/83, is required to satisfy the Town in certain respects; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the payment by each Party of the sum of $2.00 to the other, receipt of which by each is hereby acknowledged, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: PART 1 - PROPERTY DESCRIPTION LAND AFFECTED The lands affected by this Agreement (the "Lands") are: ALL AND SINGULAR that certain parcel or tract of /and 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 19, Concession 8, designated as Parts 1, 2, 3, 4 and 5 on a plan of survey depos- ited in the Land Registry Office for the Land Titles Division of Durham (No. 40) as P/an 40R- PART 2 - SERVICES OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the works as hereinafter set forth to the satisfaction of the Director of Public Works for the Town of Pickering, 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 shall carry out all the necessary engineering and to super- vise 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. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING (]) Underground electric distribution shall be provided to the Lands accord- ing to the standards and specifications of Picketing Hydro-Electric Com- mission. (z) Underground cable television services, if available, shall be provided to the Lands according to the standards of Pickering Cable T.V. Limited. (3) The Owner shall pay all costs of installation of improved street lighting, including poles and other necessary appurtenances for the lighting of Brock Road adjacent to the Lands. (4) Such lighting shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Munici- pal Electrical Utilities Guide to Municipal Standard Construction. (5) The installation of all works provided for in this section shall be con- structed under the supervision and inspection of Pickering Hydro-Electric Commission and Pickering Cable T.V. Limited, as the case may be. 5. INSPECTIONS (i) Prior to the commencement of any construction on the lands, the Owner shall pay to the Town the sum of $175 as an engineering drawing in- spection fee. (z) All works required to be constructed by the Ovener, except those re- ferred to in section 4, 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 necessarily be limited and administration fees. subsection (2), above, may include, but not salaries and wages of Inspectors, testing fees PART 2 - SERVICES (Cont'd) 6. LIABILITY INSURANCE <l) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in 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 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 policy shall not lapse. 7. PERFORMANCE & MAINTENANCE GUARANTEE (D Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 100% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works 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 5 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 (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) The Owner may, from time to time, 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, (a) thirty-five per cent (35%) of the original value where no certifi- cate or declaration of substantial performance has been made; (b) twenty per cent (20%) 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 4 PART 2 - SERVICES (Cont'd) (4) have been satisfied, discharged or provided for by pay- ment into court; and (c) ten per cent (10%) 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 pay- ment into court; which ten per cent (10%) portion 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. Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection l, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 8. DRAINAGE - SODDING 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 Lands, with a Grading Control Plan prepared by the Owner's Consult- ing 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 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 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 res- idential lots comprising the Lands except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 5 PART 2 - SERVICES (Cont'd) 9. 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 said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notifica- tion be without effect within ten (10) 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 com- pletion 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 twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (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. 10. TRANSFERS - CONVEYANCES (D The Owner shall convey Parts 1, 2, 3 and 4, Plan 40R- (reserves - Central Street; Brock Road) to the Town, free and clear of all encum- brances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration of this Agree- 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 operation as of the date of this Agreement. 11. TRANSFERS- EASEMENTS 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 Lands and across lands adjacent thereto. (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 an easement or easements referred to in subsection (l), above, shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in PART 2 - SERVICES (Cont'd) writing, from the Town and from the registered owner of the lands across which the easement shall lie. 12. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the adjacent travelled road edge 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, including Ontario Hydro lands, without the written 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 sub- clause (i), above. (iii) That there shall be no burning of refuse or debris upon the Lands, adjacent 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 7 PART 2 - SERVICES (Cont'd) (g) (h) (i) 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 designa- ted by the Director of Public Works. Engineering Drawings Prior to the final acceptance of the works, to supply the Town with the original engineering drawings with amendments, if any, noted thereon. Survey Monuments & Markers Prior to the acceptance of the works, by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the works, he has found all standard iron bars shown on Plan 40R- PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) 13. No building permit shall be issued for any building or part of a building on the Lands until sewage 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 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: (i) Sewage and water facilities are installed and in operation to ade- quately serve such building or part thereof; and (ii) Electric service is completed and in operation. (4) (a) Should any building or part thereof on the Lands be occupied without the prior issuance of a municipal occupancy permit, then in that event, the Owner shall pay to the Town the sum of $1,750 for each building or part thereof so occupied, as liquidated damages therefor. (b) The issuance by the Town of municipal occupancy permits for each and every building on any residential lot comprising a part of the Lands shall be deemed to be a release from the provisions of this subsection with respect to that lot. 9 PART 4 - FINANCIAL MATTERS 14. FINANCIAL PAYMENTS 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. (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 eighteen months from the date of regis- tration of this Agreement. (5) A letter from the Clerk of the Town advising that the unit levy has been paid shah be deemed to be a release of this section for that portion of the Lands referred to in the letter. 15. FINANCIAL SECURITY The Owner shall, immediately prior to the registration of deposit with the Town, a security payable to the Town, in a to the Town, for the sum of $17,500 as security for: this Agreement, form satisfactory (a) the payments referred to in section 14 hereof; and (b) the payment of liquidated damages referred to in subsection (4) of section 13 hereof. 16. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the Lands as required by law from time to time. (b) Local Improvements Prior to the registration of this Agreement, to prepay any outstanding local improvement charges which are levied against any of the Lands. (c) Interest 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. (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 documentation, including transfers, in the Land Titles Office. 10 PART 4 - FINANCIAL MATTERS (Cont'd) (e) Lien or Other Claims 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 subdivision, 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 con- nection therewith. 17. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner shall provide to the Town at least thirty (30) days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) 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. 18. TERMINATION OF LEVY/OCCUPANCY SECURITY (i) The security required to be deposited with the Town pursuant to the provisions of section 15, above, may only be terminated or cancelled by the Owner after the Municipal Occupancy Permit for the last residential building or part thereof to be constructed on the Lands has been issued by the Town. Notwithstanding the provisions of subsection 1, the Owner may, from time to time, apply to the Town Treasurer for a reduction in the amount of the security referred to in subsection I, as Municipal Occupancy Permits are issued. ll PART 5 - PARKS & TREES 19. TREE PLANTING (i) The Owner shall plant on Brock Road adjacent to the Lands, one tree per residential unit, stlch tree to be of a size and type acceptable to the Town. A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. (3) The trees approved by the Town shall be planted by the Owner no more than six (6) months after final grading is done in the specified area. 12 PART 6 - GENERAL PROVISIONS 20. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter thereon in order to comply with the provisions of this Agreement. 36. CANCELLATION OF AGREEMENT In the event this Agreement is not registered on or before December 31st, 1984, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void. 22. 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. 23. INTERPRETATION (i) 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. (2) Schedule A attached hereto shall form part of this Agreement. 24. TIME Time shall be of the essence of this Agreement. 25. 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. 13 PART 6 - GENERAL PROVISIONS (Cont'd) IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED g~ DELIVERED THE CATENARO'S RICHMOND HILL CONTRACTING COMPANY LTD. THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk 14 SCHEDULE A 1. 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 period of two years from the date that the works are approved in writing by the Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the ease may be. 2. TRANS-CANADA PIPELINE EASEMENT The Owner shall not erect or maintain, or permit to be erected or maintained, any permanent structure, nor excavate, or permit any excavation, within ten metres of the southerly boundary of Part 1, Plan 40R- , without the prior written consent of the owner of the pipe-line easement over Part 2, Plan 40R-7582. A-1