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HomeMy WebLinkAbout By-law 1728/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1728/83 Being a by-law to authorize the execution of a Development Agreement between Victor Albert Thompson and the Corporation of the Town of Pickering, respecting Lots 37, 38 and 39, Plan 21, Picketing (LD 286/82) WHEREAS, Victor Albert Thompson is the owner of Part Lot 6, Lots 7, 8, 9, and 37, 38 and 39, Plan 21, Whitevale and pursuant to the decision dated November 8, 1982 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 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 Victor Albert Thompson and the Corporation of the Town of Pickering respecting Lots 37, 38 and 39, Plan 21, Whlteva]e (LD 286/82). BY-LAW read a first, second and third time and finally passed this 4th day of June, 1984. Schedule A THIS AGREEMENT made in triplicate this 14th day of May, 1984. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, VICTOR ALBERT THOMPSON hereinafter called the "Owner" OF THE SECOND PART. WHEREAS the Town is the owner of an unopened road allowance immediately adjacent, to the east, of Lots 9, 37, 38 and 39, Plan 21, Picketing, and running southerly from Main Street in the Hamlet of Whitevale, which road allowance is hereinafter referred to as "Byron Street"; and WHEREAS the Owner is the owner in fee simple of Part Lot 6 and Lots 7, 8, 9, 37, 38 and 39, Plan 21, Pickering, and wishes to sever those lands into two parcels, and for that purpose and other purposes is prepared to construct an appropriate roadway at his expense on Byron Street from Main Street southerly to a point 96 metres south of the southerly boundary of Main Street; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the mutual covenants and benefits herein contained, and the sum of Two Dollars ($2.00) paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto agree as follows: The lands affected hereby are those lands more particularly described as fol- lows: 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 Lots 37, 38 and 39, Plan 21, and designated as Part 2 on a plan of survey of record deposited in the Land Registry Office for the Registry Division of Durham (No. 40) as Plan Number 40R-6760. (i) The Owner shall, at his sole expense and within two (2) years after the date hereof, construct in a good and workmanlike manner a roadway southerly from a point approximately 39 metres south of the south limit of Main Street to a point approximately 94 metres south of that limit. (2) The construction of the roadway required by subsection (1), above, shall include, but not necessarily be limited to, the following: (a) cutting and clearing of all trees, bushes, shrubs and other vege- tation; (3) (4) (b) grading; (c) installation of a proper road base for a 7 metre wide road and a 9 metre radius turning circle, such base to consist of 300 millimetres of Granular B material and 150 millimetres of Granular A material; (d) construction and sodding of ditches on each side of the road base; and (e) erection of a vehicle barricade and warning sign at the southerly end of the proposed roadway. All works required to be constructed by the Owner shall be installed under the observation of Inspectors employed by the Town and the Owner agrees to pay the costs incurred therefor within thirty (30) days of invoices being rendered. The construction of driveway entrances is not provided for in this Agree- ment; the Owner agrees, however, that should any driveway entrance or entrances be required, he shall apply to the Town for such an entrance and comply with all the Town's requirements, financial or otherwise, with respect thereto. For the purposes of complying with the provisions of this Agreement, the Town hereby grants permission to the Owner, his employees, agents, contractors and workmen, to enter upon the lands owned by the Town and known as Main Street and Byron Street, provided however that the Owner first obtains the Town's written approval to the engineering drawings respecting the proposed roadway and appurtenances thereto. (1) (z) (3) (4) 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 Town lands. The amount of the said Policy shall be $1,000,000. 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 agrees to pay the cost of such renewal or renewals within thirty (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. (D (2) Before commencing any of the work 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 Direc- tor of Public Works to guarantee the satisfactory completion of the work and to guarantee the workmanship and materials for a period of one (1) year from the date that the work is completed and such completion acknowledged, in writing, by the Director of Public Works. Upon written verification from the Director of Public Works that the work has been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less that l0 per cent (10%) of the original value, which ten per cent portion shall apply as the security for the guarantee of workmanship and materials until the guarantee period has expired, when the balance of the security shall be returned to the Owner subject to any deductions for deficiencies, - 2- (3) Upon the approval of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. (2) (3) (4) 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 (10) clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authori- ty 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. 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 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 section is one of the consid- erations, without which the Town would not have executed this Agree- ment. Upon the completion, to the satisfaction of the Town's Director of Public Works, of the works required to be constructed pursuant to section 2 hereof, the Town shall dedicate the proposed roadway as public highway. 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 "their", respectively, and the number of the verb agreeing therewith shall be construed accordingly. Time shall be of the essence of this Agreement. 10. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. - 3 - IN WITNESS WHEREOF, the Party of the First Part has hereunto affixed its corporate seal, attested to by the hands of its proper officers in that behalf fully authorized, and the Party of the Second Part has hereunto affixed his hand and seal. SIGNED, SEALED, & DELIVERED TIlE CORPORATION OF THE TOWN OF PICKERING Mayor Glerk In the presence of VICTOR ALBERT THOMPSON I, ISOBEL ANNE MONTGOMERY THOMPSON, spouse of VICTOR ALBERT THOMPSON, the Owner herein, hereby consent to the execution and entering into of this Agree- ment by VICTOR ALBERT THOMPSON 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 1984 at the of day of May, SIGNED, SEALED & DELIVERED the presence of ISOBEL ANNE MONTGOMERY THOMPSON - 4 - 0 O0