HomeMy WebLinkAboutBy-law 1271/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1271/81
Being a By-Law to authoriz
of a Development Agreement
Corporation of the Town of
Rulor Developments Limited
Part Lots 64 & 65 & 69-71,
(LD 206-11/80)
the execution
between the
Pickering and
respecting
Pickering
WHEREAS, by decision dated July 14th, 1980, the Land Division
Committee of the Regional Municipality of Durham approved
Applications LD 206-11/80, subject to certain conditions; and
WHEREAS, one of the said conditions requires that a satis-
factory Development Agreement be entered into between the
owner of the subject lands and the Town;
NOW THEREFORE, the Council of the Corporation of the Town of
Pickering 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 the Corporation of the Town of Pickering
and Rulor Developments Limited respecting Part Lots
64 and 65 and 69-71, Pickering (LD 206-11/80).
BY-LATAT read a first, second and third time and finally passed
this sixth day of April , 1981.
or
Clerk
TOWN OF I
PICi<ER1NG
APP" V r
„?I D
AS TO 1 ui;°,i
SCHEDULE "A" to By-law 1271/81
THIS AGREEMENT made in triplicate this day of , 1981.
B E T W E E N:
RULOR DEVELOPMENTS LIMITED
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE T01M OF PICY.ERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS, the Owner is the owner in fee simple of Lots 65, 66, 69,
70 and 71, Plan 418, in the Town of Pickerinq, and, pursuant to deci-
sions, dated July 14th, 1980, of the Land Divisicn Coi,,,.-Rittee. of -,,3
Regional Municipality of Durham (LD 206-11/80) is required to enter
into a Development Agreement with the Town as a prior condition to the
final approval of the Comittee to the applications to which the said
decisions relate; and
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of
the Town approving the said proposed plan of subdivision, and the cov-
enants hereinafter expressed, the Parties hereto covenant and agree one
with the other as follows:
- l -
PART 1 - PROPERTY DESCRIPTION
1. LAND AFFECTED
The lands affected by this agreement (hereinafter called the "sub-
ject lands") are:
ALL AND SINGULAR those certain parcels or tracts of land and prem-
ises situate, lying and being in the Town of Pickering, in the
Regional Municipality of Durham and Province of Ontario and being
composed of,
FIRSTLY, those parts of Lots 64 and 65, according to a plan of
subdivision registered in t;ne Registry Office for the Registry
Division of Durham as Plan 418, designated as Part 2 on a plan of
survey of record deposited the said office as Plan 40R-6007;
SECONDLY, those parts of Lots 65 and 66, according to Flan 418,
designated as Part 3 on Plan 4DR-6007;
THIRDLY, that part of Lot 66, according to Plan 418, designated as
Part 4 on Plan 40R-6007;
FOURTHLY, that part of Lot E9, according to Plan 418, designated
as Part S on Plan 4+OR-6007;
FIFTHLY, those parts, of Lots 70 and 71, according to Plan 418,
designated as Part 8 on Plan 40R-6007; and
SIXTHLY, that part of Lot 71, according to Plan 418, designated as
.Part 9 on Plan 40R-6007.
- 3 -
PART 2 - SERNITCES
2. OWNER'S GENERAL UNDERTAKING
The Owner agrees to complete at its own expense and in a good
workmanlike manner all the works and services as hereinafter set
forth to the satisfaction of the Director of Public Works for the
Town of Pickering, and to complete, perform or make payment for
such other matters as may be provided for herein.
3. CONSULTING ENGINEERS
(1) The Owner agrees to retain a Professional Engineer as the
Consulting Engineer of the Owner to carry out all the nec-
essary engineering and supervise generally the work required
to be done for the development of the subject lands.
(2) 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. STREET DITCHES & BOULEVARDS
The Owner agrees to construct and sod ditches and boulevards on
Rosebank Road adjacent to the subject lands to the specifications
of the Town in effect at the date hereof and to maintain them
until they are formally accepted by the Town.
5. UNDERGROUND ELECTRIC DISTRIBUTION & CABLE TELEVISION SERVICE
(1) Underground electric distribution and cable television ser-
vices shall be provided for all residential units within the
subject lands according to the standards and specifications
of the appropriate authority.
(2) The installation of all works provided for in this section
shall be constructed under the supervision and inspection of
Pickering Hydro-Electric Commission and Pickering Cable TV
Limited, as the case may be.
6. INSPECTION OF WORK
(1) All works required to be constructed by the Owner, except
those referred to in section 5, above, 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.
(2) The costs referred
but not necessarily
Inspectors, testing
7. LIABILITY INSURA74CE
to in subsection (1), above, may include,
be limited to, salaries and wages of
fees and administration fees.
(1) 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 subject lands or the adjacent road allowance.
- 4 -
PART -2 - SERVICES (Cont'd)
7. LIABILITY INSURANCE (Cont'd)
(2) The amount of the said Policy shall be $1,000,000.
(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 agrees
to pay the cost of such renewal or renewals within thirty
(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.
8. PERFORMANCE & MAINTENANCE GUARANTEE
(1) 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 Director of Public Works to
guarantee the satisfactory completion of the work and to
guarantee the workmanship and materials for a period of two
(2) years from the date that the said works are completed and
such completion acknowledged, in writing, by the Director of
Public Works.
(2) Such performance and maintenance security may, at the option
of the owner, be made up of cash or irrevocable letter of
credit.
(3) The Owner may, from time to time, apply for a reduction in
the security and such application shall be made to the Tovm
Treasurer.
(4) Upon written verification from the Director of Public Works
that the services 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 ten per cent (10%) of the original value, which ten per
cent portion shall apply as the security for maintenance
until the obligation to maintain has expired, when the bal-
ance of the security shall be returned to the Owner subject
to any deductions for maintenance purposes.
(5) -Upon the approval, if any, of a reduction in the amount of a
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.
9. GRADING, DRAINAGE, SODDING
(1) The Owner agrees to provide the Town, before commencing any
of the work provided for herein and prior to the commencement
of the development of the subject lands, with a Grading
Control Plan prepared by the Owner's Consulting 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 subject lands.
- 5 -
PAR" 2 - SERVICES (Cont' d)
9. GRADING, DRAINAGE, SODDING (Cont'd)
(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 the subject 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 on the
subject lands by the Town, the Owner agrees to 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 agrees to sod the front, side and rear yards of
each of the lots comprising the subject lands 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 Omer
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 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
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.
a
(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 further, 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.
- 6 -
PART 2 - SERVICES (Cont'd)
11. TRANSFERS - EASEMENTS & CORNER ROUNDINGS
(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 subject lands and
across lands adjacent thereto but outside their 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
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) The Owner shall convey to the Town, free and clear of all
encumbrances, within 60 days of the date of registration hereof,
the corner roundings designated as Parts 6 and 7, Plan 40R-
6007, such conveyance to be at no cost whatsoever to the Town.
12. SERVICE CAPACITY
This Agreement shall be subject to the owner entering into satis-
factory arrangements with the Town and the Regional Municipality of
Durham with respect to the allocation of sewage treatment plant
capacity and water capacity for the development.
13. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave all driveway approaches between the travelled portion
of the road and the lot line.
(b) Continuation of Existing Services
Where the construction of services herein involves a contin-
uation to existing services, to join into the same, including
adjustment of grades where necessary, in a good and workmanlike
- manner, and to ensure that any disturbance to existing services,
including roads, is repaired in a similar manner and to the
satisfaction of the Town's Director of Public Works.
(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 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 subclause (i), above.
(iii) That there shall be no burning of refuse or debris
upon its lands or any public lands.
7 -
PART 2 - SERVICLS (Cont'd)
13. GENERAL PROVISIONS - SERVICES (Cont'd)
(d) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or quan-
titative tests made of any materials which have been or are
proposed to be used in the construction of any services re-
quired by this Agreement, and the cost of such tests shall be
paid by the owner within thirty (30) days of the acccunt being
rendered,by the Town.
(e) Relocation of Services
(i) To pay the cost of relocating any existing services
and utilities caused by the development work within
thirty (30) days of the account for same being ren-
dered 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) Engineering Drawings
Prior to the final acceptance of the subdivision, to supply
the Town with the original drawings of the engineering works
for the plan of subdivision, with amendments, if any, noted
thereon.
- 8 -
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
14.
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) The Owner agrees that no building permit shall be issued for
any building or part of a building on the subject lands until
sewer and water facilities are available, and in the opinion
of the Director of Public Works, capable of providing adequate
service.
(2) The Owner further agrees that no building or part of a build-
ing on the subject lands shall be occupied except upon the
issuance of a municipal occupancy permit.
(3) It is agreed that no application for a municipal occupancy
permit for a building or part of a building shall be made
except upon the following conditions:
{i) Sewer and water facilities are installed and in oper-
ation to adequately serve such building or part
thereof; and
(ii) Electric service is completed and in operation.
15.
(4) (a) The Owner agrees with the Town that should any buildings
or part thereof on the subject 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 $1,500 for each building or part thereof so occupied
as liquidated damages for the breach of subsection (2)
above.
(b) The issuance by the Town of municipal occupancy permits
for each and every building on any lot on the subject
lands shall be deemed to be a release from the provi-
sions of this section with respect to that lot.
DESIGN PLANNING
(1) (a) The Owner agrees that, prior to the issuance of any
building permit for the construction of a residential
unit to be erected on the subject lands, it shall sub-
mit to the Director, for approval, site plans and
architectural drawings for that unit.
(b) These plans and drawings may be required, at the Direc-
tor's option, to provide the following information:
M the location of all buildings and structures
to be erected and the location of all facili-
ties and works associated therewith;
(ii) the location of landscaping features, includ-
ing trees to be preserved;
(iii) streetscape for front and rear elevation at a
scale acceptable to the Director;
(iv) streetscape to show all street furniture and
vegetation;
(v) the relationship of buildings by blocks; and
(vi) any other data or information required.
i F
- 9 -
PART 4 - FINANCIAL MAT'T'ERS
16. FINANCIAL PAYMENTS
(1) The Owner agrees to pay to the Town a unit levy in the amount
of $3,500 per unit, for each dwelling unit for which a build-
ing 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) 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. LEVY/OCCUPANCY SECURITY
(1) The Owner shall, immediately prior to the registration of the
plan, deposit with the Town, an irrevocable bank letter of
credit payable to the Town, in a form satisfactory to the
Town, for the sum of $21,000 as security for:
(a) the payments referred to in section 16 hereof; and
(b) the payment of liquidated damages referred to in subsec-
tion (4) of section 14 hereof.
(2) The letter of credit required to be deposited with the Town
pursuant to the provisions of section 17, above, may only be
terminated or cancelled by the owner after the Municipal
Occupancy Permit for the last residential building or part
thereof to be constructed on the subject lands has been
issued by the Town.
(3) Notwithstanding the provisions of subsection 1, the Owner
may, from time to time, apply to the Town Treasurer for a
reduction in the amount of the letter of credit referred to
in subsection 1, as Municipal Occupancy Permits are issued.
18. GENERAL PROVISIONS - FINANCIAL MATTERS
The owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the subject lands as required
by law from time to time.
(b) Local Improvements
Prior to the issuance of the Town's release to the committee,
to prepay any outstanding local improvement chargas which are
levied against any of the subject lands.
(c) Interest
To pay interest at the rate of eighteen per cent (18%) per
annum to the Town on all sums of money payable herein which
are not paid on the due dates calculated from such due dates.
- 10
PART 4 - FINANC AL MATTERS (Cont' d)
1$. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd)
(d) Registration Fees
To pay all registration costs incurred by the Town relating
in any way to the development of the subject lands, including
transfers, in the Land Titles Office.
19. EXPIRY OF SECURITIES
(1) The Owner further agrees that should any security required to
be given under the terms of this Agreement expire during the
currQncy 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.
- 11 -
PART 5 - PARKS & TREES
20. DRAINAGE OaTO OPEN SPACE/PARKLAND
(1) The Owner shall ensure that the subject lands do not drain
surface run-off water onto Town owned parkland, open space or
walkways.
(2) Where this is not possible, the Owner shall install within the
parkland, open space or walkways, as the case may be, at a
distance no greater than six (6) metres from the property
line, suitable swales and catch basins to adequately manage,
in the opinion of the Director of Parks and Recreation, all
surface run-off water, draining onto the parkland open space
or walkways from the subject lands.
21. LANDSCAPE PLANNING
(1) The owner agrees that prior to the issuance of building per-
mits for any of the units to be erected on the subject lands,
it shall submit a landscaping plan for all of the lots com-
prising the subject lands.
(2) The owner further agrees that upon approval by the Town of a
landscaping plan, the landscaping works shown on the plan
shall be constructed, installed or planted, as the case may
be, in conformance with the landscaping plan according to the
time limits set out in Schedule "A".
22. TREE PLANNING
(1) The Owner shall plant on the boulevard adjacent to the subject
lands, trees of a size, number and type acceptable to the
Town.
(2) 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) A list of acceptable tree species and sizes will be provided.
(4) 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.
(5) M The Owner shall provide at least one (1) tree per
residential unit.
(ii) Where the density is too great to enable this quota to
be met, the Owner shall provide $50 per unit for tree
planting in a public land area within the community in
which the subject lands are located.located.
23. TREE PRESERVATION
(1) The owner agrees to retain, at its own expense, a qualified
expert in order to determine which, if any, of the existing
trees shall be preserved.
(2) The aforementioned qualified expert shall prepare a Tree
Preservation Program, which program shall be submitted to the
Director of Planning and shall not be put into effect until it
has received the approval of t.ie Director of Planning.
- 7 9 -
PART 5 - PARKS & TREES (Cont' d)
23. TREE PRESERVATION (Cont'd)
(3) In determining whether or not to approve the Tree Preservation
Program, the Director shall be governed by the Town Tree
Preservation Gnid?lines in effect as at the date hereof.
- 13 -
FART 6 - GENERAL PiMISIONS
24. LICENCE TO ENTER
The Owner agrees with the Town to retain a licence from any sub-
sequent purchaser of the subject lands to enter upon such lands in
order to comply with the provisions of this Agreement.
25. NOTICE
Any notice required to be given hereunder may be given by reg-
istered mail addressed to the other Party at its principal place
of business and shall be effective as of the second day immed-
iately following the date of the deposit thereof in the Post
office.
26. INTERPRETATION
(1) Whenever in this A
"it" is used, they
Owners' and 'his",
number of the verb
accordingly.
3reement the word "Owner" and the pronoun
shall be read and construed as "Owner or
"her" or "their", respectively, and the
agreeing therewith shall be construed
(2) The provisions in Schedule "A" attached hereto shall forin
.part of this Agreement.
27. TIME
Time shall be of the essence of this Agreement.
28. 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 said Parties have hereunto affixed their
- 14 -
PART 6 - GENERAL PROVISIONS (Cont'd)
Corporate Seals attested to by the hands of their proper officers in
that behalf fully authorized.
SIGNED, SEALED & DELIVERED
RULOR DEVELOPMENTS LIMITED
President
Vice-President
THE CORPORATION OF THE TOWN OF PICKERING
11 ?
-447
SCHEDULE "A"
1
TIME LIIyMZT FOR WORK & GNARANTRE FOR WORKMANSHIP & MATERIALS
(l) Save as herein otherwise provided, the Owner agrees to com-
plete the works required under this Agreement within the time
limits specified in the Table set out below and to guarantee
the workmanship and materials for a period of two (2) years
from the date that the said works are approved in writing by
the Director of Public Works, the Director of Parks and Rec-
reation, or the Director of Planning, as the case may be.
(2) Any works other than that specifically provided for in the
Table shall be completed within the time limit provided for
therein for aboveground services.
Table
Works Time Limit for Completion
(a) Underground one year from the date of the
Services registration of this Agreement
(b) Aboveground Two years from the date of the
Services registration of this Agreement
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