HomeMy WebLinkAboutBy-law 2984/88THE CORPORATIOIV OF THE TOWN OF PICKERING If
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BY-LAW NO. 2984 /88 I'ill
Being a by-law to authorize the execution of a
Development Agreement among N.. Bigioni
Management Services Ltd., Hollow Holdings
Limited and The Corporation of the Town of
Pickering, respecting the development of Part Lot
19, Plan 230, Pickering (A 27/87; S 16/88).
WHEREAS, as a condition of the approval pursuant to section 34 of the Planning Act,
1983, S.O. 1983, chapter 1, of Rezoning Application A27/87 by the Town, the Owner
of that part of Lot 19, Plan 230, Pickering, is required to enter into an appropriate
Development Agreement with the Town;
WHEREAS, pursuant to the provisions of the predecessor of section 40 of that Act,
the Council of The Corporation of the Town of Pickering enacted By-law 1079/80 on
January 21, 1980, designating the whole of the area of the Town of Pickering as a
site plan control area;
[VOW 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 a Development Agree-
ment in the form attached hereto as Schedule A, respecting the development of
that part of Lot 19, Plan 230, Pickering, (A 27(87; S 16(88; N. Bigioni Manage-
ment Services Ltd./Hollow Holdings Limited).
BY-LAW read a first, second and third time and finally passed this 19th day of
December, 1988.
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a4�ne r.�y�rs, Mayor
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Bruce Taylor, er
TOVJN OF
PICKERING
AP�RD'JED
AS TO fO1P��
LEG4L U:pT,
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2984 /8g
Being a by-law to authorize the execution of a
Development Agreement among N. Bigioni
Management Services Ltd., Hollow Holdings
Limited and The Corporation of the Town of
Pickering, respecting the development of Part Lot
19, Plan 230, Pickering (A 27/87; S 16/88).
6NHEREAS, as a condition of the approval pursuant to section 34 of the Planning Act,
1983, S.O. 1983, chapter 1, of Rezoning Application A27/87 by the Town, the Owner
of that part of Lot 19, Plan 230, Pickering, is required to enter into an appropriate
Development Agreement with the Town;
WHEREAS, pursuant to the provisions of the predecessor of section 40 of that Act,
the Council of The Corporation of the Town of Pickering enacted By-law 1079/80 on
January 21, 1980, designating the whole of the area of the Town of Pickering as a
site plan control area;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS POLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Development Agree-
ment in the form attached hereto as Schedule A, respecting the development of
that part of Lot 19, Plan 230, Pickering, (A 27/87; S 16/88; N. Bigioni Manage-
ment Services Ltd./Hollow Holdings Limited).
BX-LAW read a first, second and third time and finally passed this 19th day of
December, 1988.
1����t �'/w � !i; /-�� !!. �.
4�tayne �r urs, Mayor
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Bruce Taylor, er
TOVJN OF
PICKERING
aF�Rt;t��D
as ro �o:;r��
LEG4� UEF�f.
Schedule A
THIS AGREEMENT made this 19th day of December, 1988.
B E T W E E N:
N. BIGIONI MANAGEMENT SERVICES LTD.
and
HOLLOW HOLDINGS LIMITED
hereinafter collectively called the "Owner"
OF THE FIRST PART,
-and-
THE CORPORATION OF THE TOWN OF PICICERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to develop part of Lot 19, Plan Z30, Pickering, in
order that a light industrial or special purQose commercial building may be
constructed thereon in accordance with the Town's By-law 3036, as amended; and
WHEREAS pursuant to the provisions of the predecessor of section 40 of the Planning
Act, 1983, S.O. 1983, chapter 1, the Council of The Corporation of the Town of
Pickering enacted By-law 1079/80 on January 21at, 1980, designating the whole of the
area of the Town of Pickering as a site plan control area;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town
approving the proposed development, and the covenants hereinafter expressed, the
Parties hereto covenant and agree one with the other as follows:
1. LAND AFFECTED
The land affected by this Agreement (the "Lands") is part of Lot 19. P1an 230,
Pickering, save and except Part 7 on Highway Plan 785.
2, 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.
3. INTERPRETATION
Whenever in this Agreement the word "Owner" or the proaoun "it" is used, the
word or pronoun shall be read and construed as "Owner or Owners" or "it",
"his", "her" or "them", respectively, and the number of the verb agreeing
therewith ahall be construed accordingly.
4. TIME
Time shall be of the essence of this Agreement.
5.
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8.
BINDING PARTIES
This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Owner and the Town and their respective heirs,
executora, administrators, auccessors and assigns.
OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good workmanlike man-
ner. for the Town, all the municipal services as hereinafter set forth to the
satisfaction of the Town of Pickering, and shall complete, perform or make
payment for such other matters as may be provided for herein.
CONSULTING ENGINEERS
(1) The Owner ahall retain a Professional Engineer as the Consulting Engineer
af the Owner to carry out all the necessary engineering and to supervise
generally the work required to be done for the development of the proj-
ect.
(2) Such Conaulting Engineer, or any succesaor thereto, shall continue to be
retained until the work provided for in this Agreement is completed and
formally accepted by the Town.
ADJACENT SERVICES
(1) The Owner shall construct, on road allowances and other ]ands where
appropriate, the following municipa] or other public works and services:
(a) curbe and gutters;
(b) sidewalks;
(c) road widening;
(d) boulevard improvementa and landscaping; and
(e) atreet lighting improvements.
(2) All worka and servicea required to be constructed by subsection (1) shall
be constructed in accordance with the specifications of the Town, the
Ministry of Transportation of Ontario, or Pickering Hydro, as the case
may be, and in conformity with this Agreement and the following plans
and drawings prepared by Stewart Associates Inc.:
Dwg. No.
(a) 1
(b) 3
9. ELECTRICAL SERVICES
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Dwg. Title
Site Plan
Site Services
Last Revised
October 17, 1988
September 4, 1988
Where electricity, cable television service or telephone service is to be provided
to the Landa, it shall be provided underground and in accordance with the
standards and apecifications of Pickering Hydro-Electric Commission, Pickering
Cable T.V. Limited or Bell Canada, as the case may be.
INSPECTIONS
(1) All works required to be constructed, reconstructed or repaired by the
Owner, except those referred to in section 9, 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.
(2) The coeta referred to in aubaection (1) may include, but not necessarily
be limited to, salaries and wagea of Tnspectora, testing fees and adminis-
tration fees.
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LIABILITY INSURANCE
(1) Before commencing any of the work provided for herein, the Owner shail
supply the Town with a Liability Insurance Policy in form satisfactory to
the Town, naming the Town ae an insured and indemnifying the Town
from any loas arieing 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 $5,000,000.
(3) In the event any renewal premium is not paid, the Town, in order to
prevent the lapse of the Liability Insurance Policy, may pay the renewal
premium or premiums and the Owner shall pay the cost of such renewal or
renewals within 30 days of tke account therefor being rendered by the
Town.
(4) The Owner ahall notify the Town of the dates for the payment of the
premium for the renewal of the policy and shall aupply proof that the
premium has been paid in order that the protection provided by the
Liability Ineurance Policy shall not lapse.
PERFORMANCE & MAINTENANCE GUARANTEE
(1) Prior to the registration of this Agreement, the Owner shall supply the
Town with an 80$ performance and maintenance security in a form satis-
factory to the Town and in an amount established by the Director of
Public Works (the "original value") for the purpose of,
(a)
(b)
(c)
guaranteeing the satisfactory construction, installation or perfor-
mance of the worka and services referred to in section B;
guaranteeing the payment of any amounts payable to the Town
under aection 10;
guaranteeing the payment of any amount that the Town may be
required to pay under the provisions of the Construction Lien
Act, 1983, and
(d) guaranteeing all works, services, workmanship and materials for a
period of 2 years from the date that the works and services are
completed and such completion acknowledged, in writing, by the
Town.
(2) The Owner may, at any time after the first 50$, in value, of works have
been constructed, installed or performed, and paid for, apply for a
reduction in the security and such application shall be made to the Town
Treasurer,
(3) Upon written verification from the Director of Public Works that the
conetruction, inetallation or performance of the worka for which reduction
ie being sought have been satiafactorily completed and paid for, the Town
Manager may reduce the amount of the security to an amount not less
than,
(a)
(b)
sixty per cent (60$) of the original value where no certificate or
declaration of substantial performance has been made;
thirty-five per cent (35$) of the original value where,
(i) a certificate or declaration of substantial performance has
been published;
(ii) 45 days following such publication have expired; and
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(iii) all liens that may be claimed againat any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
and
(c) aeventeen per cent (17$) of the original value where,
(3) a certificate of fina] 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 huld6ack
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
which seventeen per cent (17$) portion shall secure the guarantee of
works, workmanship and materials, until the obligation to guarantee has
exgired, when the balance of the security shall he returned ta the Owner
subject to any deductions for rectification of deficiencies.
(4) Upon the approval, if any, of a reduction in the amount of the security
the Town Manager or the Town Treasurer shall provide to the Owner any
neceasary assurance to effect the reduction.
(5) Should the security expire during the term of this Agreement, the Owner
shal] provide to the Town at least 30 days in advance of the expiry date
of that security, a further security to take effect upon the expiry, which
further aecurity shall be to the satisfaction of the Town.
(6) Should no further security be provided as required, then the Town sha11
have the right to convert the expiring security into cash and hold the
cash in lieu of and for the same purposes as the further security.
INCOMPLETED OR FAULTY WORK
(1) If, in the opinion of the Director of Public Works, the Owner is not
proaecuting 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 careleasly 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 perfortnance of the terms of this Agreement, then in any such
case, the said Director of Public Works shall promptly notify the Owner
and his eurety in writing of auch default or neglect and if such notifica-
tion be without effect within 10 clear days after such notice, then in that
case, the Director of Pu61ic Works ahall 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.
(2) In casea 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 shal] be calculated by the Director of Public Works
whose decision shall be final.
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(4) It is underatood 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 cauaed to the Town as a result of such default on the part
of the Owner, it being hereby declared and agreed that the asauming by
the Owner of the obligations impoaed by this section is one of the consid-
erations without which the Town would not have executed this Agreement.
14. GENERAL PROVISIONS - SERVICES
The Owner agreea with the Town:
(a)
(b)
(c)
(d)
(e)
(f)
(B)
Continuation of Existing Sexvices
Where the construction of aervices herein involves a continuation to
existing aervices, to join into the same, including adjustment of grades
where neceasary, in a good and workmanlike manner.
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 cqnsent of the authority respon-
sible for such lands.
(ii) On request, to supply the Town with an acknowledgement from
such authority of the Owner's compliance with the terma of sub-
clause (i).
(iii) That there shall be no burning of refuse or debris upon the
Lands or any public landa.
Qualitative or (luantitative 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 teats shall be paid by the Owner within 30 days of the account
being rendered by the Town.
Relocation of Services
To pay the cost of relocating any existing services and utilities cauaed by
the works within 30 days of the account for same being rendered by the
Town.
Temporary Signs
To provide and erect at its own cost, to the specifications of the Town,
temporary aigns of such nature and at such ]ocations as may be designa-
ted by the Director of Public Works.
Engineering Drawings
Prior to the acceptance of the works, to supply the Town with the origi-
nal drawinga of the works, with amendments, if any, noted thereon,
Survey Monumenta d Markers
Prior to the acceptance of the works, to aupply a statement by an Ontario
Land Surveyor that, after the completion nf the worka, he has found or
re-establiahed all standard iron bara.
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15.
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CONSTR(JCTION 6 OCCUPANCY OF BUILDING5
(1) No building permit ahall be issued for any building or part of a building
on the Landa until aewer and water facilities are available, and in the
opinion of the Director of Public Works, capable of providing adequate
service and until this Agreement has been registered.
(2)
(3)
No building or part of a building on the Lands shall be occupied except
upon the iasuance of a municipal occupancy permit.
No application for a municipal occupancy permit for a building or part of
a building shall be made except upon the following conditions:
(i)
(ii)
( iii )
Storm sewer, sanitary sewer and water facilities are inatalled and
in operation to adequately serve such building or part thereof;
Electric aervice is completed and in operation;
A hard aurface base has been laid on the road immediately in
front of the building or part thereof and extended to an exiating
maintained public road; and
(iv) Such curbs,
are required
structed on
public road.
as in the opinion of the Director of Public Works,
to be completed prior to occupancy have been con-
the said road and extend to an existing maintained
GENERAL PROVI5ION5 - FINANCIAL MATTETtS
The Owner agreea with the Town:
(a) Taxes
To pay the taxes in full on the Lands as required by law from time to
time ,
(b) Intereat
(c)
(d)
To pay intereat 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
datea calculated from such due dates.
Regiatration Feea
To pay all registration costs incurred by the Town relating in any way to
the regiatration of the plan of condominium or any other related documen-
tation, including tranafers, in the Land Titles Office.
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 otherwiae in connection with work done or material supplied for
or on behalf of the Owner in connection herewith or if such claims do
exiat, the Owner shall indemniFy the Town against all claims, actione or
demands for ]iena or otherwise and all costs in connection therewith,
SITE PLAN/DEVELOPMENT CONTROL
(1) No development, including redevelopment, shall be undertaken on the
Landa except in conformity with this Agreement and with the following
plans and drawinga prepared by Stewart Associates Inc. (herein
collectively called the "Plans" ) :
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Dwg. No. Dwg. Title
(a) 1 Site Plan
(b) 2 Plans and Elevations
(c) 3 Site Services
Last Revised
October 17, 1988
October 7, 1988
September 4, 1488
(2) The Owner ehall maintain, in conformity with the Plans, to the Town's
satisfaction and at the sole risk and expense of the Owner, all of the
facilitiea and worka that are both shown on the Plans and located on the
Landa, and ahall enaure the timely removal of snow from access ramps,
driveways, parking and loading areas, and walkways.
(3) For the purpose of guaranteeing the maintenance by the Owner for two
years after installation of the facilities and works required to be main-
tained under aubsection (2), above, the Owner shall provide to the
Town, prior to the issuance of a building permit for the first building to
be erected on the Landa, a security in the form of an irrevocable letter
of credit isaued by a chartered bank in Canada in the amount of $7,000
which aecurity may be drawn upon by the Town in such amounts, and at
such times as the Town, in its sole discretion, deems advisable, should
the Owner fail to maintain the facilities or works for that two year period
to the Town's satisfaction.
TIME LIMITED FOR WORK & GUARANTEE FOR WORKMANSHIP & bfATERIALS
(1) The Owner ahall complete all works, services and requirements under this
Agreement within eighteen months of the date of registration of this
Agreement.
(2) The Owner shall guarantee all works, workmanship and materials employed
or uaed in the conatruction, inatallation or completion of all works, ser-
vicea and requirementa under this Agreement for a period of two years
from the date that the worka, services and requirements are approved in
writing by the Town.
IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate
seals, atteated by the hands of their authorized officers.
5IGNED, SEALED i DELIVEREA
N. BIGIONI MANAGEMENT SERVICES LTD.
HOLLOW HOLDINGS LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
er - ruce ay or
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ENCUMBRANCER - CENTRAL TRUST COMPANY
This Agreement ehall have priority over and take precedence over all of Central
Truat Company's righte or interests, whether or not any such right or interest was
established or aroae prior to the date hereof and whether or not auch right or
interest ia aet out in or ariaes by virtue of any instrument or document regiatered on
title to the landa affected hereby, or any part of them, prior to the registration of
this Agreement.
Dated at this day of , 1988.
SIGNED, SEALED d DELIVERED
CENTRAL TRUST COMPANY
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f Resotutton +f6l88
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Moved by Councillor RoDertson
Seconded by Councillor Coburn
APPLICATION FOR RE20NING BY
D. H. SHORTREED AND N. FRANCIS
ON THE NORTN SIDE Of KINGSTON
ROAD, EAST OF ROUGEMOUNT DRIVE
FILE NUMBER - B 2310 - A 27/87
That Zoning By-1aw Amendment Applicatlon A 27/81 subniltted by N.
Bigioni on behalf of N. Francis, to amend Zoning By-law 3036 to
rezone Part of Lot 19, Plan 230, Town of Pickering to an approprlate
zoning to ,permit various restricted light industrial and special
purpose commercial uses be APPROYED AS REVISED, subject to the
following conditions;
1. That prior to the forwarding of an implementing by-law to
Council, the owner:
(a) enter into an appropriate sitefdevelopment agreement
with and to the satisfaction of the Town of Pickering
which shall include, but not necessarily be 1lmited
to the foliowing requirements:
(i) submission and approval of a site plan and
elevation drawings, such plan and drawings to
be registered with the site plan agreement;
(ii) tn accordance with Cou�cil policy, the
provision of fuil municipal improvements
including curbs, sidevralks, landscaped
boulevards, street lighting and storm drainage
� across the frontage of the subject property
adjacent to Highway No. 2(Kingston Road), to
the satisfaction of the Director of Public
Works;
(iiil satisfy the Director of Public Works respecting
stormwater management facilities;
(iv) satisfy the Ministry of Transportation and
Communications respecting submission and
approvat of a traffic study to determine
whether a left-hand turning lane 1s required;
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Resolution N6/88 - (continued)
(b) satisfy the Town with respect to the exchange of
appropriate rights-of-Nay for parking a151e purposes�
and shared access to the suDject lands;
2. That the implementing by-law:
(a) establish the location and width of tfie access to
Kingston Road;
(b) implement the 2.6 m x 5.3 m parking statl size;
(c) establish a parking requirement as follows:
- 7 spaces per 93 m2 for�' the first 460 m2
gross leasable area; plus
- 4.5 spaces per 93 m2 for the next 900 m2
gross leasable area; plus
- 5.0 spaces per 93 mz for all floor area in
excess of 1390 m2;
(d) permit only the following uses:
- business and professlonal offices
- financial institutions
- industrial and commercial equipment and
furnishing suppliers (including a "Mr. Rent
Al1")
- home improvement centre
- carpet sales outlet
- furniture and appliance sales outlets
- restaurant-type A per lot
(e) establish a minimum gross leasable floor area
requirement per unit, of 278 m2 for all uses on the
site other than business and professional offices or
restaurant type-A;
(f) establish a maximum gross floor area requirement of
250 m2 for a restaurant- type A use;
(g) establish a maximum gross floor area for all
buildings on site based on an approved site pian.
CARRIED