HomeMy WebLinkAboutBy-law 3052/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3052 /89
Being a by-law to authorize the execution of a
Development Agreement between Met-Star Holdings
Limited and The Corporation of the Town of
Picketing, respecting the development of Part
Lots 23 and 24, Concession 1, Pickering (A52186;
Sll/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 A52/86 by the 'Town, [he Owner
of parts of Lots 23 and 24, Concession 1, Picketing, is required to enter into an
='~t)ropriate Development Agreement with the Town;
%¥tqEREAS, pursuant to the provisions of the predecessor of section 40 of that Act,
the Council of The Corporation of the Town of Picketing enacted By-law 1079/80 on
January 21, 1980, designating the whole of the area of the Town of Picketing as a
site plan control area;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing 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
parts of Lots 23 and 24, Concession 1, Picketing. (Met-Star Holdings Limited;
A 52/86; S 11/88)_
BY-LAW read a first, second and third time and finally passed this 20th day of
February, 191~9.
Wayne Art/Wurs, IVia~or
TOWN OF
PICKERING
APPROVED
LEGAL D£1~.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3052
Being a by-law to authorize the execution of a
Development Agreement between Met-Star Holdings
Limited and The Corporation of the Town of
Pickering, respecting the development of Part
Lots 23 and 24, Concession 1, Picketing (A52/86;
Sll/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 A52/86 by the Town, the Owner
of parts of Lots 23 and 24, Concession 1, 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 Picketing enacted By-law 1079/80 on
January 21, 1980, designating the whole of the area of the Town of Picketing as a
site plan control area;
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 a Development Agree-
ment, in the form attached hereto as Schedule A, respecting the development of
parts of Lots 23 and 24, Concession 1, Pickering. (Met-Star Holdings Limited;
A 52/86; S 11/88).
BY-LAW read a first, second and third time and finally passed this 20th day of
February, 1989.
Wayne Art)furs, ~a~or
TOWN OF
PICKFRING
APPROVED
LEGAL DEF~.
Schedule A
THIS AGREEMENT made t~s Z0th day of February, 1989.
BETWEEN:
MET-STAR HOLDINGS LIMITED
hereinafter called the "Owner"
OF THE FIRST PART,
- and o
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
WHEREAS the Owner proposes to develop certain parts of Lots 23 and 24, Concession
1, Pickering, in order that a commercial building or buildings may be constructed
thereon;
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
Picketing enacted By-law 1079/80 on January 21st, 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 lands affected by this Agreement (the "Lands") are:
(a) Firstly, those parts of Lots 23 and Z4, Concession 1, Picketing,
described as Instrument No. D183711; and
(b) Secondly, that part of Lot Z3, Concession 1, Picketing, described
in Instrument No. D54199.
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.
INTERPRETATION
Whenever in this Agreement the word "Owner" or the pronoun "it" is used, the
word or pronoun shall be read and construed as "Owner or Owners" or
"his", "her~ or "them~, respectively, and the number of the verb agreeing
therewith shall be construed accordingly.
4. TIME
Time shall be of the essence of this Agreement.
5. 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,
executors, administrators, successors and assigns.
6. OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expe~}se 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 Picketing, and shah complete, perform or make
payment for such other matters as may be provided for herein.
7. CONSULTING ENGINEERS
(1) The Owner shall retain a Professional Engineer as the Consulting Engineer
of the Owner to carry out all the necessary engineering and to supervise
generally the work required to be done for the development of the
project.
(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.
8. ADJACENT SERVICES
(1) The Owner shall construct, on road allowance and other lands where
appropriate, the following municipal or other public works and services:
(a) ditch improvements;
(b) driveway entrance;
(c) street lighting improvements; and
(d) sodding.
(Z) All works and services 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 Picketing Hydro, as the case
may be, in conformity with the Agreement and the following plans and
drawings:
Dw[~. No Dw[~. Title Original Date Revised
(a) 8603-A1 Architectural Plan- March 25, 1988 January 11, 1989
Site, Landscaping
(b) 86053~1 Site Servicing and March 25, 1988 January 11, 1989
Grading Plan
Drawing 8603-A1 having been prepared by Mertins Architects and Drawing
86053-1 having been prepared by E.D. Roberts, P. Eng.
9. ELECTRICAL SERVICES
Where electricity, cable television service or telephone service is to be provided
to the Lands, it shall be provided underground and in accordance with the
standards and specifications of Picketing Hydro-Electric Commission, Picketing
Cable T.V. Limited or Bell Canada, as the case may be.
100 INSPECTIONS
(1) AIl 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 costs referred to in subsection (1) may include, but not necessarily
be limited to, salaries and wages of Inspectors, testing fees and adminis-
tration fees.
11, LIABILITY INSURANCE
(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, naming the Town as an insured and 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 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 the account therefor being rendered by the
Town.
(4) The Owner shall notify the Town of the dates for the payment of the
premium for the renewal of the policy and shall supply proof that the
premium has been paid in order that the protection provided by the
Liability Insurance Policy shall not lapse.
12. 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
satisfactory to the Town and in an amount established by the Director of
Public Works (the "original value") for the purpose of,
(a) guaranteeing the satisfactory construction, installation or perfor-
mance of the works and services referred to in section
(b) guaranteeing the payment of any amounts payable to the Town
under section
(c) 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
construction, installation or performance of the works 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,
(a) sixty per cent (60%) of the original value where no certificate or
declaration of substantial performance has been made;
(b) thirty-fiv6 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
(iii) all liens that may be claimed against 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) seventeen per cent (17%) of the original value where,
(i) a certificate of final 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 he claimed against any holdback
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
expired, when the balance of the security shall be returned to 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
necessary assurance to effect the reduction.
(5) Should the security expire during the term of this Agreement, the Owner
shall 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 security shall be to the satisfaction of the Town,
(6) Should no 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 the further security.
13. 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 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 said Director of Public Works shall promptly notify the Owner
and hie surety in writing of such 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 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.
(2) In cases of emerl~encY, in the opinion of the Director of Public Works,
such work may be done without prior notice but the Owner shall be
forthwith notified.
4
(3) The cost of such }york 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 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 Agreement.
14. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Continuation of Existing Services
Where the construction of services herein involves a continuation to
existing services, to join into the same, including adjustment of grades
where necessary, in a good and workmanlike manner.
(b) 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 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 terms of sub-
clause (i).
(iii) That there shall be no burning of refuse or debris upon the
Lands or any public lands.
(c) Qualitative or {}uantitative 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 tests shall be paid by the Owner within 30 days of the account
being rendered by the Town.
(d) Relocation of Services
To pay the cost of relocating any existing services and utilities caused by
the works within 30 days of the account for same being rendered by the
Town.
(e) Temporary Si[~ns
To provide and erect at its own cost, to the specifications of the Town,
temporary signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
(f) Engineering Drawings
Prior to the acceptance of the works, to supply the Town with the origi-
nal drawings of the works, with amendments, if any, noted thereon.
(g) Survey Monuments & Markers
Prior to the acceptance of the works, to supply a statement by an Ontario
Land Surveyor that, after the completion of the works, he has found or
re-established all standard iron bars.
15. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) No building permit shall be issued for any building or part of a building
on the Lands until sewer 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) No building or part of a building on the Lands shall be occupied except
upon the issuance of a municipal occupancy permit.
(3) No application for a municipal occupancy permit for a building or part of
a building shall be made except upon the following conditions:
(i) Storm sewer~ sanitary sewer and water facilities are installed and
in operation to adequately serve such building or part thereof;
(ii) Electric service is completed and in operation;
(iii) A hard surface base has been laid on the road immediately in
front of the building or part thereof and extended to an existing
maintained public road; and
(iv) Such curbs, as in the opinion of the Director of Public Works,
are required to be completed prior to occupancy have been con-
structed on the said road and extend to an existing maintained
public road.
16. CONTRIBUTION TO PINE CREEK STORM WATER MANAGEMENT PROJECT
Prior to the registration of this Agreement, the Owner shall pay to the Town
the sum of $2,865 as the Owner's contribution to the costs to the Town of the
Pine Creek Storm Water Management Project which serves in part the Lands.
17. GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on the Lands as required by law from time to
time.
( b ) In terest
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.
(c) Re[~istration Fees
To pay all registration costs incurred by the Town relating in any way to
the registration of the plan of condominium or any other related documen-
tation, including transfers, in the Land Titles Office.
(d) Lien or Other Claims
Upon applying for final acceptance of the works to supply the Town with
a Statutory Declaration that all accounts {or work and materials have been
paid, except normal guarantee holdbacks, and there are no claims for
liens or otherwise in connection with work done or material supplied for
or on behalf of the Owner in connection herewith or if such claims do
exist, the Owner shall indemnify the Town against all claims, actions or
demands for liens or otherwise and all costs in connection therewith.
6
18. SITE PLAN/DEVELOPMENT CONTROL
(1) No development, including redevelopment, shall be undertaken on the
Lands except in conformity with this Agreement and with the following
plans and drawings (herein collectively called the "Plans"):
Dwi. No Dwi. Title Original Date Revised
(a) 8603-A1 Architectural Plan- March 25, 1988 January I1, 1989
Site, Landscaping
(b) 8603-Als Architectural Site July 12, 1988 December 1, 1988
Plan
Met Star
Mallpaks
(c) 8603-A2 Architectural March 25, 1988 December 1, 1988
Building 'A'
Plans, Elevations,
Details
(d) 8603-A3 Architectural March 25, 1988 December 1, 1988
Building 'B'
Plan, Elevations,
Sections
(e) 8603-A5 Architectural March 25, 1988 December 1, 1988
Building 'G'
Plans, Elevations,
Details
prepared by Mertins Architects,
(f) 86053-1 Site Servicing March 25, 1988 January 11, 1989
and Grading Plan
prepared by E.D. Roberts, P. Eng.
(2) The Owner shall maintain, in conformity with the Plans, to the Town's
satisfaction and at the sole risk and expense of the Owner, all of the
facilities and works that are both shown on the Plans and located on the
Lands, and shall ensure the timely removal of snow from access ramps,
driveways, parking and loading areas, and walkways.
(B) 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 subsection (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 Lands, a security in the form of an irrevocable letter
of credit issued by a chartered bank in Canada in the amount of $12,000
which security 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.
19. TIME LIMITED FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
(1) The Owner shall 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 used in the construction, installation or completion of all works, ser-
vices and requirements under this Agreement for a period of two years
from the date that the works, services and requirements are approved in
writing by the Town.
7
IN WITNESS WHEREOF, the.parties hereto have hereunto affixed their corporate
seals, attested by the hands of their authorized officers.
SIGNED, SEALED & DELIVERED
MET-STAR HOLDINGS LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arth/~frs,
Bruce Taylor, Clerk
ENCUMBRANCER - KIRIAKOU BROTHERS INVESTMENT LIMITED
This Agreement shall have priority over and take precedence over all of Kiriakou
Brothers Investment Ltmtted's rights or interests, whether or not any such right or
interest was established or arose prior to the date hereof and whether or not such
right or interest is set out in or arises by virtue of any instrument or document
registered on title to the lands affected hereby, or any part of them, prior to the
registration of this Agreement.
Dated at this day of , 1989.
SIGNED, SEALED & DELIVERED
KIRIAKOU BROTHERS INVESTMENT LIMITED
8
ENCUMBRANCER - MIKE PEROS AND PETE VIEW ENTERPRISES LIMITED
This Agreement shall have priority over and take precedence over all of Mike Peros
and Pete View Enterprises Limited~s rights or interests, whether or not any such
right or interest was established or arose prior to the date hereof and whether or not
such right or interest is set out in or arises by virtue of any instrument or document
registered on title to the lands affected hereby, or any part of them, prior to the
registration of this Agreement.
Dated at this day of , 1989.
SIGNED, SEALED & DELIVERED
In the presence of
Mike Peros
PETE VIEW ENTERPRISES LIMITED
ENCUMBRANCER- KINGCHURCH MOTORS LIMITED
This Agreement shall have priority over and take precedence over all of Kingchurch
Motors Limited's rights or interests, whether or not any such right or interest was
established or arose prior to the date hereof and whether or not such right or
interest is set out in or arises by virtue of any instrument or document registered on
title to the lands affected hereby, or any part of them, prior to the registration of
this Agreement.
Dated at this day of , 1989.
SIGNED, SEALED & DELIVERED
KINGCHURGH MOTORS LIMITED
9