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HomeMy WebLinkAboutBy-law 1119/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW 1119/80 Being a By-law to authorize the execution of an agreement between the Corporation of the Town of Pickering and E.R.S. Holdings Limited respecting the establishment and operation of a pit or quarry, Part Lot 2, Concession 9, Pickering. WHEREAS, E.R.S. Holdings Limited own certain lands and premises in part of Lot 2, Concession 9, Pickering, which lands and premises are used for the purpose of gravel extraction; and WHEREAS, E.R.S. Holdings Limited has made application, pursuant to the provisions of The Pits and Quarries Control Act, 1971, s.o. 1971, chapter 96, as amended, to the Minister of Natural Resources for a licence to operate a pit or quarry on the said lands and premises; and WHEREAS, the Town has agreed to recommend the issuance of such licence, subject to certain terms and conditions; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. The Mayorand 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 E.R.S. Holdings Limited respecting the establishment and operation of a pit or quarry by E.R.S. Holdings Limited on that company's lands located in part of Lot 2, Concession 9, Pickering. BY-LAW read a first, second and third time and finally passed this 20th day of May , 1980. Moor TO'6"d P i S TO I L?(O,L C1i,4 I SCHEDULE "A" to By-law 1119/80 THIS AGREEMENT made in triplicate this day of 1980. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING, (hereinafter called the "Town") OF THE FIRST PART, - and - ERS HOLDINGS LTD., a company incorporated under the laws of the Province of Ontario, (hereinafter called the "Company") OF THE SECOND PART. WHEREAS the Company owns certain lands and premises located in part of Lot 2, concession 9, Pickering, which lands and premises are used for the purpose of gravel extraction, which use has lawful non-conforming status in relation to the Town's By-Law 3037, enacted pursuant to the provisions of section 35 of The Planning Act, R.S.O. 1970, c. 349, as amended; and WHEREAS the Company has made application, pursuant to the provisions of The Pits and Quarries Control Act, 1971, S.O. 1971, c.96, as amended, to the Minister of Natural Resources for a licence to operate a pit or quarry on the said lands and premises; and WHEREAS the Town has agreed to recommend the issuance of such licence, subject to certain terms and conditions; NOW THEREFORE THIS AGRLLMENT WITNESSET11 THAT, in consideration of the mutual covenants and agreements here- in contained, and subject to the terms and conditions hereinafter set out, the Parties hereto agree as follows: 1. (1) The Town shall recommend to the Minister of Natural Resources that the Company be issued a licence to open, establish and operate a pit or quarry, pursuant to the provisions of the Pits and Quarries Control Act, 1971, at the Company's lands located in part cf Lot 2, Concession 9, Town of Pickering, for a maximum annual extraction of up to 500,000 tons. (2) The Town may, in its sole discretion, recommiend that any such lice-ice be rene-wz?d or extende(: for a maximum annual extraction in excess of 500,000 tons, subject to such conditions as the Town deems advisable, but nothing in this Agree- ment shall be construed as requiring the Town to make any such recommendation. - 2 - 2. (1) The Town shall effect certain improvements to the easterly 610 metres (2,000 feet) of the Pickering-Uxbridge Townline Road which im- provements may include, but not necessarily be limited to, (a) removal of roadside brush, (b) removal of berms, (c) improvement of roadside ditches, and (d) placing of granular material in low areas. (2) The Town shall provide a walkway along the northside of the easterly 215 metres (705 feet) of the said Road, which walkway shall consist of a levelled, gravelled surface suitable for pedestrian traffic. (3) The works referred to in subsections (1) and (2) shall be effected under the sole supervision and control, of the Town, and to the Town's satisfaction. (4) The Town hereby agrees to purchase from the Company any granular material, gravel or other aggregates required for the works referred to above so long as such granular material, gravel or aggregate, (a) is available when required from the Company's lands in Lot 2, Concession 9, Fickering, (b) is of a standard acceptable to the Town, in its sole discretion, and (c) is priced no higher than any other source available to the Town, taking into consider- ation any applicable transportation costs. 3. (1) The Company agrees to reimburse the Town for the Town's costs of performing the works referred to in section 2, within 30 days of the date of any invoice issued by the Town to the Company for such reimbursement. (2) The Town's costs referred to in subsection (1) shall include, but not necessarily be limited to, (a) labour costs (b) equipment rental costs, (c) costs of material, (d) inspection costs (e) subcontractor charges, and (f) administration fees (not to exceed 15% of the sum of all other. Town costs, including (a), (b), (c), (d) and,(e), above). (3) Notwithstanding the generality of subsection (1), the maximum liability of the Company to the Town under subsection (1), above, shall be, (a) $15,000.00 with respect to the works referred to in subsection (1) of section 2 hereof, and (b) $ with respect to the works referred to in subsection (2) of section 2 hereof. - 3 - 4. (1) The Town shall, as part of its normal road main- tenance program, effect such dust control measures as it deems necessary upon the easterly 610 metres (2,000 feet) of the Pickering-Uxbridge Townline Road, which dust control measures shall consist of surface grading, if necessary, and the applic- ation to the surface of a liquid calcium chloride solution. (2) It is acknowledged and agreed that the need for such dust control measures will result, in part, from the use by the Company, its agents, contractors, invitus and licensees, of that part of the Road referred to in subsection (1), and therefore during the term of any licence issued by the Minister of Natural Resources respecting the operation of a pit or quarry on the lands and premises of the Company, the Company shall contribute towards the cost of such dust control measures. (3) The amount of the Company's contribution referred to in subsection (2) shall be the cost, to the Town, of every other undertaking of dust control measures in any year, commencing with the second such undertaking annually, and shall be payable by the Company as invoices therefor are rendered by Town. 5. (1) The Parties hereto acknowledge the existence of a binding Agreement, dated April 30, 1978, between them, section 5 of which provides as follows: IN the event that ERS (the Company) obtains a permanent licence on its pro- perty under The Pits and Quarries Control Act (Ontario) 1971, or any successor legis- lation and the ERS (the Company) property becomes subject to rehabilitation controls of The Ontario Ministry of Natural Resources under that Act, which controls are satisfactory to Pickering (the Town), this Agreement shall be null and void, the obligations of ERS (the Company) shall be transferred to the Ministry of Natural Resources and such letters of credit disposed of at that time. (2) The Parties hereto further acknowledge that, until such time as any rehabilitation controls of The Ontario Ministry of Natural Resources are determined by the Town to be satisfactory to it, the said Agreement shall continue in full force and effect, and until such deter- mination is made, subsection A) fo section 4 of the said Agreement shall be deemed to pro- vide as follows: A) ERS agrees to furnish Pickering with a letter of credit from the Royal Bank of Canada amounting to two cents (2C) per ton of sand and gravel extracted under licence or wayside permit as collaceial in the event of default under paragraph 1 hereof.