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.