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HomeMy WebLinkAboutBy-law 3565/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3565/90 Being a by-law to authorize the execution of a Development Agreement with 388270 Ontario Limited (Trustee) respecting Part Lot 16, Range 3, Broken Front Concession, Pickering (LD343/90). WHEREAS tbe Durham Land Division Committee made Decision LD343/90 on July 23, 1990, approving tbe severance of a 6.47 hectare lot subject to certain conditions, the effect of one of which is to requiro, pursuant to the provisions of the Planning Act I983, S.O. 1983, chapter 1, section 52(2), that the applicant/owner, 388270 Ontario Limited (Trustee), enter into an Agreement with the Town pursuant to section 50(6) of the Act; and 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 an Agreement, in the form attached hereto as Schedule A, between 388270 Ontario Limited, Trustee and the Corporation of the Town of Picketing, respecting the development of part of Lot 16, Range 3, Broken Front Concession, Pickering (LD343/90). BY-LAW read a first, second and third time and finally passed this I st day of October, 1990. ayne Arthurs,~a~ TOWN OR PICKERING APPROVED LEGAL DEPT~ SCHEDULE A THIS DEVELOPMENT AGREEMENT made October 1, 1990. BETWEEN: 388270 ONTARIO LIMITED. TRUSTEE hereinafter called the "Owner" OF THE FIRST PART, CORPORATION OF THE TOWN OF PICKF. RINO hereinnfter called the "Fown" OF THE SECOND PART. WHEREAS, the Owner proposes to sever that part of Lot 16, Range 3, Broken .Front Co. ncession, Picketing, designated as Parts I and 4, Plan 40R?. , from adjacent lands, and ~s requtred, as a condition of the approval by the Dmhnm Land Diwston Committee of its Decision LD 343/90, to emer into this Development Agreement under the provisions of subsections 50(6) and 52(2) of the Planning Act 1983, S.O. 1983, chnpter 1; NOW THEREFORE THIS AGREEMENT wrX'NESSi~'rH thnt, in consideration of the Town advising the Dmham Land Division Committee of the Town's satisfnctiun with the Owner's compliance with the conditions of severance approval affecting the Town, and the coverumts hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: The lands afl?ted ~ th~.'s Agre.ement (the "Lands") are that part of Lot 16, Range 3, Broken Front Concession, Picketing, designated as Parts 1 and 4, Plan 40R- 2. CANCI~LLATION OF AGREEMENT In the event this Agr~ment is not registered on or before December 31, 1990, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no fuxv~r effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. Any notice required to be given hereunder may be given by registered mag addressed to the other Pa~ 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. Whenever in this Agreement the word "owner" and the pronoun "it" is used, it shaH be rend and construed as "Owner or Owners" and "his", "her" or "them", respectively, and the number of the verb ngreeing therewith shall be consu-ued accordingly. Time shnH be of the essence of this Agreement. This Ag~ement and everything herein contained shah enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. The Owner shall retain a licen, ce from any subsequent purch.~er of the Lands, or any part thereof, to enter upon the Lands m order to comply with the pmvts~ons of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shah complete at its own expense and in a good workmanlike manner, for the Town, ah the works and services as hereinafter set forth to the satisfaction of the Town of Picketing, and shah complete, perform or make payment for such other matters ns tony be provided for 9. CONSULTING ENGINEERS (1) The Owner shah retain a Professional Engineer as the Consulting Engineer of the Owner to carry out aH 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, shah continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. (3) Thisprovision shah not be construed so as to prevent the ~ from changing from one Consulting Engineer to another at any time or times during the development and construction of the project, so long as the Owner has a Consulting Engineer retained at aH times. (1) The Owner shah construct a complete storm water drainage and management system, including storm connections and catch basin leads to service the Lands and to provide cnpacity for lands upstresm thereof according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shah maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) Such system shah be cons~ucted to an outlet or outlets according to designs approved by the Director of Public Works and shah he of sufficient size and depth and at locations either within or outside the Lands to service the Lands and the lands outside the Lands, which in the opinion of the Director of Public Works will require its use as a trunk outlet. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the Lands, the Owner may he required to carry out such works as are necessary to provide an aHequate outlet. (4) The Town may connect or authorize connection into any pm of the system but such connection shall not constitute acceptance of the sewer system by the Town. 11. MCKAY ROAD SERVICES - CURBS AND G~: ROAD DRA1NAGR (1) The Owner shah construct curbs md gutters and all necessary road drainage facilitie~ on the north side of McKay Rond from the Squi~s Beach Road/McKay Road intersection to the south-east comer of the Lands, accordin~ to the specifications of the Town in effect at the date hereof and shah maintain thom until lt~y are formally accepted by the Town. -2- (2) If any curb depressions are not located correctly with respec~ to a driveway, the Owner shall construct a curb depression in the correct loc~tion and f'dl in the original curb dep~sion according to the specifications. 12. MCI/AY ROAD SERVICES - ROAD RECONSTRUCTION AND REPAIR (1) The Owner shall reconstruct the no~h side of McKay Road fxom the Squires Beach Road/McKay Road intersection to the south-east comer of the Lands, and shall repair McKay Road where construction has taken place and where it is used by construction traffic entering the Lands and keep it clear of mud, dust, refuse, rubbish and other litter of all types. (2) The Owner shall erect and maintain adequate signs to warn all persons using McKay Road that consffuction is occurring; such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. MCKAY ROAD SERVICES - BOULEVARD RECONSTRUCTION (1) The Owner shall reconstruct and sod the boulevard on the north side of McKay Road from the Squires Beach RoadfMcKay Road intersection to the south-east comer of the Lands, according to the specifications of the Town in effect at the date hereof and shall maintain it until it is accepted by the Town. (2) The Owner shall keep the boulevard clear and f~e of mamrials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities or the safe movement of vehicles and pedestrians. 14. RLECTRICAL SERVICES Where electricity, cable television service or telephone service is to he provided to the Lands, it shall .be provided unc.le, rground a~.d in accordance with the standards and specifications of Picketing Hydro-Elecmc Commission, Pickering Cable T.V. Limited or Bell Canada, az the case may be. 15. ON SITE DRAINAGE AND SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencemem of the development of the Lands, with a Grading Control Plan prepared by the Owner's Consulti. ng. Eng' .ln.eer, establishing the proposed grading of the lands to provide for the proper drsmage thereof and the drainage of all adjacent lands which drain through the Lands. (2) The Greding Control Plan shall be prepaid in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agleement, md shah not provide for the drainage of surface nm-off water onto Town-owned parkland, open space or walkways unless provision is made for the inatallation by the Owner, at no cost to the Town, of suitable swales and catch basins to manage adequately, in the opinion of the Town's Director of Community Services and Facilities, that surface nm-off water. (3) The Grading Control Plan is subject to the approval of the Town's Directors ~f Public Works and Community Services and Facilities. (4) The grading of all lands shall he carded out by the Owner in accordance wiih the llr Consol Plan, under .. s,pervisiun of the O r's (5) If, in the opiniun of the Director of Public Works, drainage problems occur prior to fomml aocep~ance of the works by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other su~cnues as may he necessary to correct such problems. (6) The Owner shall sod that pan of the Lands that am not built upon, excep~ for paved, planted or treed areas. -3- (1) Prior to the registration of this Agreement, the Owner shah pay to the Town the sum of $2,000 as ~n engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those referred to in section 14 shall he 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. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. 17. LIABILITY INSURANCF~ (1) Before commencing any of the work provided for herein, the Owner shall s.u~ply the Town with a Cenificale of Insurance verifying that a Liability Insurance Policy is in place in a form satisfactory to the Town, naming the Town az an insured and indenufifying the Town from any loss arising from claims for damages, in'pu~ 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 he $5,000,000. (3) In the evem 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 ~ the Owner shall pay the cost of such renewal within 30 days of the account therefor being rendered by the Town. (4) The Owner shall notify the Town of the dales for the renewal of the premium of the said policy and 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. MCKAY ROAD SERVICES - PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of any McKay Road services requixed herein, the Owner shall supply the Town with a $100,000 (the "original value") performance and maintenance security in a form satisfactory to the Town for the purpose of, (a) guaranteeing the satisfactory construction, installation or performance of the services; (b) guaranteeing the payment of any amounts payable to the Town under this Agreement; (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 services, workmanship and materials for a period of 2 years from the date that the services are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, at any time after the first 30%, in value, of services have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall he made to the Town Treazurer. (3) Upon written vetification from the Director of Public Works thet the comtruction, installatiun or performance of the services for which reduction is being sought lmve been satisfactorily completed and paid for, the Town Manager may reduce the ~nount of the security to an amount not less than, (a) sixty per cent (60%) of the origimd vaine where no certificate or declaration of substantial performance has been made; -4- (h) thirty-five per cent (35%) of the original value where, (i) a certL+icate 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 he retained by the Town have expired or have been satisfied, discharged or provided for by payment into court; and (c) seventeen per cern (17%) of the original value where, (i) a certificate of f'mal completion has been made by the Owner's Consulting Engineer; (ii) 45 days following the making of such certificate have expired; and (iii) ail liens that may be claimed against any holdback required to he retained by the Town have expired or have been satisfied, discharged or provided for by payment into court; which seventeen per cent (17%) portion shall secure the guarantee of services, workmnmhip and materials, umll the obligation to guarn.n.t.ee has expired, when the balance of the security shall be returned to the Owner subject to any deductiom for rectification of deficiencies. (4) Upon. the .approval, if any, of a reduction in the amount of the security required to he provided m subsection (1), the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 19. MCKAY ROAD SERVICES - 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 McKay Road services within the specified time, or in order that they may he completed within the specified time, or is improperly performing the services, or shall the Owner neglect or abandon the services before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or csrelesaiy 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 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 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 he required for the ~aer. cumpletion of the services at the cost and expense of the Owner or his surety, or (2) In cases of emergency, in the opinion of the Director of Public Works, work may he done without prior notice but the Owner shall he forthwith notified. (3) The cost of all work performed under this section shall be calculated by the Director of Public Works whose decision shall he £mai. (4) 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 ~e value for the dislocation and inconvenience caused to the Town as a result of such default on ~ 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 considerations, without which the Town would not have executed this Agreement. -5- 20. TRANSFERS - RESERVF~ (1) The Owner shull convey to the Town, free and clear of all encumbrances and at no cost m the Town, within the 30 days immediately following the regi~ation of this Agreement, all of that part of Lot 16, Range 3, Broken Front Concession, Picketing designated as Parts 2 and 3, Plan 40R- , az reserves. (2) Notwithstanding the provisions of subsection (1), above, a mmsfer required therein shall not he deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. (3) Upon the approval of a site plan for the development of the Lands, the Town shall dedicate as public highway a portion or portions of those reserves to enable the Owner to maintain pedestrian and vehicular access between the Lands and McKay Road in accordance with that site plan. (4) The Owner shall arrange at no cost to the Town for obtaining and registering such reference plan or plans as may be necessary to identify all reserves to be dedicated 21. TRANSFERS - EASEMENTS (I) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Worl~ or h/~ designate shall deem necessary for the provision of storm water drainage and management facilities both within the boundaries of the Lands and across lands adjacent thereto but outside those boondaries. (2) Such easements shall be subject to the approval of the Director of Public Works or his designate az to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1) shall not commence umil the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, Lrom the Town and from the registered owner of the lands across which the easement shall lie. 22. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving_ of Driveway A?proaches To pave all driveway approaches between the curb and the lot line. (b) Continuation of Existing Services Where the constnlct/on of services herein involves a continuation to existing services, to join into the same, including adjus~nent of grades where necessary, in a good and wod~lla~lik~ manner. (c) Public Land~ - Fill & Debris (i) Neither to dump nor to permit to be dumped, any ~l or debris on, nor to remove or t~mit to be removed, any fill from any public l~ds without the wri~n 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 tenne of subclan~e (i). (iii) That there shall be no burning of refuse or debri~ upon its Lands or any public lands. (d) Oualit~ive or Ouantitative Test~ The Director of Public Works may have qualitative or quantitative tests m~le of any materials which have been or are propoaed to be used in the consm~ction of any wofl~ or services requited by this Agreement., and the coat of such tests shall be paid by the Owner within 30 days of thc account bemg rendered by the Town. -6- (i) To pay..~, cost of relocating any existing services and utilities caused by the work within 30 days of the account for same being rendered 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. Unless otherwise provided, to perform' any work required to he done under this Agreement to the specifications of the Town in effect at the date hereof. 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 he designated by the Director of Public Works. (h) ~ To provide and erect at its own cost, to the specifications of the Town, permanerd signs of such nature and at such locations as may he designated by the D/rector of Public Works. (i) Fa~n~,mS.l~tV2~ Pnjor to final acceptance of the McKay Road services, to supply the Town with the original engineering drawings thereof with amendments, if any, noted thereon. 23. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building on the Lands until, (a) sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service, and (b) irmal unconditional site plan approval has been granted by the Town's Director of Planning to the development of the Lands. (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 munici~.al occupancy permit for a building or part of a building on the Lands shall be made until, (a) storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; and (b) electric service is completed and in operation. 24. GENERAL PROVISIONS - FINANCIAL MATI'ERS The Owner agrees with the Town: (a) To pay interest at the rate of eighteen per cent (18%) per armum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (b) To pay all registration costs incurred by the Town relating in any way to the regi~h=ilon of this Agreen~nt or any other related documentation, including transfers, in the Registry Office. l~ecl~n, ap~lyin.g for f'mai acceptance of the services, to supply the Town with a Statutory laratlon mat all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the works, or if such claims do exist, the Owner shall indemnify the Town against ail claims, actions or demands for liens or otherwise and aH costs in connection therewith. 25. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agreement expire during the currency of the Agreement, the Owner shaH 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. (2) Such further security shaH 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 proposes as any further security. 26. TIME LIMITED FOR WORK AND GUARANTEE OF WORKMANSHIP AND MATERIALS (1) The Owner shaH complete aH works, services and requirements under this Agreement within two years of the date of registration of this Agreement. (2) The Owner shaH guarantee all works, workmanship and materials employed or used in the construction, installation or completion of aH works, services 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. IN W1TNESS WHEREOF, the Owner and the Town have hereunto affixed their respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEAl, ED & D~.LIVERED 388270 ONTARIO LIMITED, TRUSTEE Samuel Holtzman, Secretary THE CORPORATION OF THE TOWN OF PICKERING Wayne Anhurs, Mayor Bruce Taylor, Clerk -g- °F RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY WHEREAS Policy (a)(iii)(1) of Section D (Heavy Industrial) of the Brock Industrial Area Development Plan is now redundant in that all Heavy Indusuial lots on the north side of McKay Road have been created and provisions for access between them and McKay Road provided for to the satisfaction of the Town; NOW THEREFORE BE IT RESOLVED THAT: 1. Policy (a)(iii)(l) of Section D (Heavy Industrial) of the Brock Industrial Area Development Plan is hereby deleted. CARRIED MAYOR HEAVY [NOUSTRZAL ~ (a) Manufactu;lng plants, £nclu~lng those that aze ~~/~,T~ generally excluded f=om klgnC Zndust~tal a~eas. a~eas, Policy (a) The lanQ QeslgnateQ Heavy In~ustg~al on the nogt~ side of McZay Roae, Detveen Squires 9eac~ Road and Ouff~ns C~eek Conservation ~e su~ect to the fe~lo~ng ~est~ct~ons: (1) ~11 development shaZ1 ~e cont~ollea plan aggeements t~mt carefully p~otect the physical anO aesthetic conOltlon of the Immediate environment. (11) Vehlcula~ access to heavy ~nOusttlal uses as amenOeO s~all be o~ta~ne~ fcom Squlces eeac~ Road, Dy AmenOments Clements Roa~ and any lnte~nal NumOe~ 4 an~ goa~s, ~ut not ~l~ectly f~om McKay RoaO. 9 (t11) A reserve of 0.~ metres (i foot) requl~e~ along t~e southern anO eastern ~oun~a~les of Chis land. Hoveve~, consl~e~- atton may be given Co the lifting ~ase~ve fo~ t~e purpose of p~ovt~ng vehicle access only when 1C Is ~etecmlned t~oug~ site plan gevlev that: ~ ~ I(1) the access will not service an a~ea ~~ ~I t~e site vhlch genegates heavy t~uck (2) concent~ateO lanOscaplng Is p~ovldeO at t~e lntegsectlon; anO (~] v~ews, tn~oug~ the access, landscaping. (D) No slgn~f~cant a~vecse envt~onmental effects snail exten~ beyon~ ~he Heavy IndustrY/1 a~ea t~ose ~n~ustc~al aceas ~mme~ately THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3565/90 Being a by-law to authorize the execution of a Development Agreement with 388270 Ontario Limited (Trustee) respecting Part Lot 16, Range 3, Broken Front Concession, Pickering (LD343/90). WHEREAS the Durham Land Division Conunittee made Decision LD343/90 on July 23, 1990, approving the severance of a 6.47 hectare lot subject to certain conditions, the effect of one of which is to require, pursuant to the provisions of the Planning Act 1983, S.O. 1983, chapter 1, section 52(2), that the applicant/owner, 388270 Ontario Limited (Trustee), enter into an Agreement with the Town pursuant to section 50(6) of the Act; and NOW THEREFORE, the Council of The Corporation of the Town of Picker'mg 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 388270 Ontario Limited, Trustee and the Corporation of the Town of Picketing, respecting the development of part of Lot 16, Range 3, Broken Front Concession, Picker'mg (LD343/90). BY-LAW read a first, second and third time and f'mally passed this 1st day of October, 1990. SCHEDULE A THIS DEVELOPMENT AGREEMENT made October t, 1990. BETWEEN: 388270 ONTARIO LIMITED. TRUSTEE hereinafter called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS, the Owner proposes to sever that part of Lot 16, Range 3, Broken From Concession, Picketing, designated as Parts I and 4, Plan 40R- , from adjacent lan.ds., and is required, as a condition of the approval by the Durham Land Division Committee of its Decision LD 343/90, to enter into this D~velopment Agreement under the provisions of subsections 50(6) and 52(2) of the Planning Act 198.t, S.O. 1983, chapter I; NOW THEREFORE TH/S AGREEMENT W1TNESSETH that, in consideration of the Town advising the Durham Land Division Committee of the Town's satisfaction with the Owner's compliance with the conditions of severance approval affecting the Town, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: The lands affected by this Agreement (the "Lands") are that pan of Lot 16, Range 3, Broken Front Concession, Picketing, designated as Pans 1 and 4, Plan 40R- 2. CANCELLATION OF AGREEMENT In the event this Agreement is not registered on or before December 31, 1990, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its j~rlncipal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. Whenever in this Agreement the word "Owner" and the pronoun "it" is used, it shaH be read and construed as "Owner or Owners" and "his", "her" or "them", respectively, and the number of the verb agree'rog therewith shall be consuued accordingly. Timc shall be of the essence of this Agreement. This Agreement and eye.thing herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. The Owner shall retain a licence from any subsequent purchaser of the. Lands, or any pan thereof, to enter upon the Lands in order to comply with the provisions of ~ Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike manner, for the Town, all the works and services as hereinafter set forth to the satisfsction of the Town of Picketing, and shall complete, pe~orrn or make payment for such other matters as may be provided for herein. 9. CONSULTING ENGINEERS (l) 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 he dune 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. (3) This provision shall not be construed so as to prevent the .Ow, net from changing from one Consulting Engineer to another at any time or times during the development and construction of the project, so long as the Owner has a Consulting Engineer retained at all times. (1) The Owner shall construct a complete storm water drainage and management system, including storm connections and catch basin leads to service the Lands and to provide capacity for lands upstream thereof according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of sufficient size and depth and at locations either within or outside the Lands to service the Lands and the lands outside the Lands, wh/ch in the opinion of the Director of Public Works will require its use as a mink outlet. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the Lands, the Owner may be required to carry out such works as are necessary to provide an adequate outlet. (4) The Town may connoct or authorize connection into any part of the system but such connection shall not constitute acceptance of the sewer system by the Town. 11. MCKAY ROAD SERVICES - CURBS AND GUTTERS: ROAD DRAINAGE (1) The Owner shsll construct curbs and gutters and all necessa~ mad drainage facilities on the north side of McKay Road from the Squires Beach Rosd/McKay Road intersection to the south-east comer of the Lands, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. -2- (2) If any curb depressions are not located correctly with respect to a driveway, the Owner shall cons~uct a curb depression in the correct location and f'fli in the original curb depression according to thc specifications. 12. MC'KAY ROAD SERVICES - ROAD RECONSTRUCT~QI'q AND REPAIR (1) The Owner shall reconstruct the noah side of McKay Road from the Squires Beach Road/McKay Road intersection to the south-east comer of the Lands, and shall repair McKay Road where construction has taken place and where it is used by construction traffic entering the Lands and keep it clear of mud, dust, refuse, rubbish and other litter of all types. (2) The Owner shall erect and maintain adequate signs to warn all persons using McKay Road that construction is occurring; such signs and the location thereof are subject to the aFproval of the Town's Director of Public Works. 13. MCKAY ROAD SERVICES - BOULEVARD RECONSTRUCTION (1) The Owner shall reconstruct and sod the boulevard on the north side of McKay Road from the Squires Beach Road/McKay Road intersection to the south, east comer of the Lands, according to the specifications of the Town in effect at the date hereof and shall maintain it until it is accepted by the Town. (2) The Owner shall keep the boulevard clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities or the safe movement of vehicles and pedestrians. 14. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to the Lands, it shall he 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. 15. ON SITE DRAINAGE AND SODDING (1) The Owner shah provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the Lands, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to pwvide for the proper drainage thereof and the drainage of all adjacent lands which drain through the Lands. (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 shall not provide for the drainage of surface nm-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suitable swales and catch basins to manage adequately, in the opinion of the Town's Director of Community Services and Facilities, that surface nm-off water. (3) The Grading Control Plan is subject to the approval of the Town's Directors Of Public Wodts and Community Services and Facilities. (4) The grading of all lands shall he carried out by the Owner in accordance with the ~op.roved Grading Control Plan, under the supervision of the Owner's Consulting ~ngmeer. (5) If, in the opininn of the Director of Public Work~, drainage problems occur prior to formal acceptance of the works by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other s~'uctures as may be necessary to correct such problems. (6) The Owner shall sod that part of the Lands that ate not built upon, except for paved, planted or treed areas. (1) Prior to the registration of this Agreement, the Owner shall pay to the Town the sum of $2,000 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those referred to in section 14 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. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. 17. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Certificate of Insurance verifying that a Liability Insurance Policy is in place in a 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 such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewal within 30 days of the account therefor being rendered by the Town. (4) The Owner shall notify the Town of the dates for the renewal of the premium of the said policy and 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. 18. MCKAY ROAD SERVICE5 - PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the constmctiou, installation or performance of any of any McKay Road services required herein, the Owner shall supply the Town with a $100,000 (the "original value") performance and maintenance security in a form satisfactory to the Town for the purpose of, (a) guaranteeing the satisfactory construction, installation or performance of the services; (b) guaranteeing the payment of any amounts payable to the Town under this Agreement; (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 services, workmanship and materials for a period of 2 years from the date that the services are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, at any time after the fa-st 50%, in value, of services have been conswacted, 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 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, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; -4- (b) 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 (iii) all liens that may be claimed against any huldback required to be retained by the Town have expired or have been satisfied, discharged or provided for by payment 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 be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by payment into court; which seventeen per cent (17%) portion shall secure the guarantee of services, 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 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. 19. MCKAY ROAD SERVICES - 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 McKay Road services within the specified time, or in order that they may be completed within the specified time, or is improperly performing the services, or shall the Owner neglect or abandon the services 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 DLmctor of Public Works, make default in performance of the terms of this Agreement, then in any such case, the 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 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 ~.r completion of the services at the cost and expense of the Owner or his surety, or (2) In cases of emergency, in the opinion of the Director of Public Works, work may be done without prior notice but the Owner shall be forthwith notified. (3) The cost of all work performed under this section shall be calculated by the Director of Public Works whose decision shall be irmal. (4) 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 pan 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 considerations, without which the Town would not have executed this Agreement. -5- 20. TRANSFERS - RE~E}~VES (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, within the 30 days immediately following the registration of this Asmernent, all of that part of Lot 16, Range 3, Broken Front Concession, Picketing designated as Parts 2 and 3, Plan 40R- , as reserves. (2) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. (3) Upon the approval of a site plan for the development of the Lands, the Town shall dedicate as public highway a portion or portions of those reserves to enable the Owner to malnta/n pedestrian and vehicular access between the Lands and McKay Road in accordance with that site plan. (4) The Owner shall arrange at no cost to the Town for obtaining and registering such reference plan or plans as may be necessary to identify all reserves to be dedicated hereunder. 21. TRANSFERS - EASEMENTS (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 water drainage and management facilities both within the boundaries of the Lands and across lands adjacent thereto but outside those boundaries. (2) Such easements shall be subject to the approval of thc Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1) 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. 22. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and the lot line. (b) Continuation of Existing Se~wices Where the construction of services herein involves a continuation to existing services, to join into the same, including adjusmaent of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any t-ill 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). (iii) That there shall be no burning of refuse or debris upon its Lands or any public lands. (d) Ou_ alitative or Ouuntitafive 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 works or services required by this Agreement, and the cost of such tests shall be paid by the Owner within30 days of the account being rendered by the Town. -6- (i) To pay the cost of relocating any existing services and utilities caused by the work within 30 days of the account for same being rendered 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. 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) ~ 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 designated by the Director of Public Works. (h) ~ To provide and erect at its own cost, to the specifications of the Town, Permanem signs of such nature and at such locations as may be designated by the Dh'ector of PubLic Works. Prior to fmal acceptance of the McKay Road services, to supply the Town with the original engineering drawings thereof with amendments, if any, noted thereon. 23. CONSTRUCTION & OCCUPANCY OF BUILD/NGS (1) No building Permit shall be issued for any building or pan of a building on the Lands until, (a) sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service, and (b) final unconditional site plan approval has been granted by the Town's Director of Planning to the development of the Lands. (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 municip, al occupancy permit for a building or pan of a building on the Lands shall be made until, (a) storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; and (b) electric service is completed and in operation. 24. GENERAL PROVISIONS - FINANCIAL MA'FFERS The Owner agrees with the Town: (a) Iatrz 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. (b) ~ To pay all registration costs incurred by the Town relat'mg in any way to the registration of this Agreemem or any other related documentation, including transfers, in the Registry Office. -7- Upon al~lying for £mal acceptance of the services, 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 otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the works, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and ail costs in connection therewith. 25. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agreement expire during the currency of the Agreement, the Owner shah 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. (2) Such further security shah 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. 26. TIME I_/MITED FOR WORK AND GUARANTEE OF WORKMANS~ AND MATERIALS (1) The Owner shall complete all works, services and requirements under this Agreement within two years 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, services and requirements under this Agreement for a period of two years from the date that the works, se~wices and requirements are approved in writing by the Town. IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALF. D & DF. LIVF_R~D 388270 ONTARIO LIMITED, TRUSTEE Samuel Holtzman, Secretary THE CORPORATION OF THE TOWN OF PICKER.lNG Wayne Arthurs, Mayor Brace Taylor, Clerk -8- OF RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY WHEREAS Policy (a)(iii)(1) of Section D (Heavy Industrial) of the Brock Industrial Area Development Plan is now redundant in that all Heavy Industrial lots on the north side of McKay Road have been created and provisions for access between them and McKay Road provided for to the satisfaction of the Town; NOW THEREFORE BE 1T RESOLVED THAT: 1. Policy (a)(i/i)(1) of Section D (Heavy Industrial) of the Brock Industrial Area Development Plan is hereby deleted. CARRIED MAYOR O. H[AVY ZNOUSTRZAL .,~..,~/~,~.~,.~,/ Permitted Uses (a) Nanufacturing plants, including those thet are Z~C~v~ generally excluded from Light Zndustrtal areas. (b) All other dses permitted in Light [n~ustrial areas. ~_.P~/'r'~ (C) 80dy and Ve.tc[e ~e~at~ Sho~s. (a) The [and designated Heavy Industrial on the no,th side of NcKay RoaO, ~et~een Squires Beach Road and Duff[ns C~eek Conservation Park shall De su~ect to the following ~est~tcttons: (t) Ali development shall ~e controlled by szce plan ag=cements that carefully p~otect the physical and aesthetic condition of the immediate environment. (ti) Vehicular access to heavy Industrial uses as amended shall be o~tatned f~om Squires Beach Road, by Amendments Clements Road and any lnternai subdivision Number ~ and roads, but not directly f~om NcKay Road. 9 (tit) A reserve of 0.~ metres ([ foot) s~aI[ be reaul=ed along the southern and eastern boundaries of t~ls [an~. Ho~eve=~ consider- ation may be given to the lifting of this reserve for the purpose of providing vehicle access only when Et ts determined through site plan revie~ that: ~~ ~ the site which generates heavy truck t~affic; (2) concentrated landscaping is p~oviUe~ at the inte=section; and ()) views, th=ough the access, of buildi( ~ and packing a~eas a=e bufre~ed by l~ndsca~ing. (b) No significant aOverse environmental effects shall extend beyond the Heavy Industrial a~ea or those industrial a~eas immediately adjacent to it.