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HomeMy WebLinkAboutBy-law 2162/86TIlE CORPORATION OF THE TOWN OF PICKERING BY-LA~q NO. 2162/86 Being a by-law to authorize the execution of a Development Agreement respecting Part Lot 30, Range 3, ]%.F.C., Picketing Part l, Plan 40R-4825 (¥orelco Ltd.; A7/gS). WHEREAS, on May 21, 1985, the Council of the Corporation of the Town of Picketing passed Resolution 37185, Item 3 of which is the approval in principle of zoning by-law amendment application A7/85, subject to conditions, one of which requires the enter- ing into of an appropriate Site/Development Agreement; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Site/Development Agreement in the form attached hereto as Schedule A, respecting the develop- ment of that part of Lot 30, Range 3, B.F.C., Picketing, designated at Part 1, Plan 40R-4825 (Vorelco Ltd.; A7/85). BY-LAW read a first, second and third time and finally passed this 3rd day of March, 1986. ]truce Taylor, THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2162/86 Being a by-law to authorize the execution of a Development Agreement respecting Part Lot 30, Range 3, B.F.C., Picketing Part 1, Plan 40R-4825 (Vorelco Ltd.; A7/85). WHEREAS, on May 21, 1985, the Council of the Corporation of the Town of Pickering passed Resolution 37/85, Item 3 of which is the approval in principle of zoning by-law amendment application A?/85, subiect to conditions, one of which requires the enter- ing into of an appropriate Site/Development Agreement; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Site/Development Agreement in the form attached hereto as Schedule A, respecting the develop- ment of that part of Lot 30, Range 3, B.F.C., Picketing, designated at Part 1, Plan 40R-4825 (Vorelco Ltd.; A7/85). BY-LAW read a first, second and third time and finally passed this 3rd day of March, 1986. Bruce Taylor, SCHEDULE A THIS AGREEMENT made this 18th day of November, 1985. BETWEEN: VORELCO LTD. hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS, the Owner proposes to develop that part of Lot 30, Range 3, Broken Front Concession, in the Town of Picketing in the Regional Municipallty of Durham, des- ignated as Part 1, Plan 40R-4825, and seek a re-zoning thereof; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed development and re-zoning, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: PART 1 - PROPERTY DESCRIPTION I. LAND AFFECTED The lands affected by this Agreement (the "Lands") are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picketing, in the Regional ~.{unicipality of Durham (formerly in the Township of Picketing in the County of Ontario) and Province of Ontario and being composed of that part of Lot 30, Range 3, Brok- en Front Concession, Picketing, designated as Part 1, Plan 40R-4825. PART 2 - GENERAL PROVISIONS 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 Of{ice. INTERPRETATION Whenever in this Agreement the word "Owner" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. PART 3 - SERVICES 6. OWNER'S GENERAL UNDERTAKING The Owner shah 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 Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. 7. CONSULTING ENGINEERS 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 by this Agreement. Such Consulting Engineer, or any successnr thereto, shall continue to be retained until the work is completed and formally accepted by the Town. 8. STORM DRAINAGE (1) The Owner shall construct a complete storm drainage system to service all the Lands and road allowances adjacent thereto, according to designs approved by the Director of Public Works and according to the specifica- tions of the Town in effect at the date hereof and shah maintain it, including clearing any blockages or debris from whatevex cause, until it is formally accepted by the Town. (z) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the Lands. (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 connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the system by the Town. 2 (5) No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the system by the Town, except in an emergency. 9. ROADS - PAVED The Owner shall re-construct Rosebank Road adiacent to the [,ands ac- cording to the Town's specifications for paved roads of the Town in effect at the date hereof. (z) The Town's specifications for boulevard grading and sodding shall apply to both existing roads adjacent to the Lands (i.e. Rosebank Road and Kingston Road). (3) Until assumption by the Town, the Owner shall maintain and repair roads where construction has taken place and keep such roads clear of (iust, refuse, rubbish or other litter of all types. (4) The Owner shall erect and maintain adequate signs to warn all persons using Rosebank Road that the maintenance of it has not been assumed by the Town until it is assumed by the Town. (5) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 10. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters, (a) on the south side of Kingston Road adjacent to the Lands, and (b) on the east side of Rosebank Road adjacent to 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) The area between the existing pavement and the new curb and gutter on Kingston Road shall be paved by the Owner, at its expense, to the standards and specifications of the Ministry of Transportation and Commu- nications. 11. SIDEWALKS In lieu of the construction by the Owner of a sidewalk on the south side of Kingston Road adjacent to the Lands, the Owner shall pay to the Town, by cash or certified cheque upon the execution hereof, the sum of $2,000.00. 12. STREET LIGHTING In lieu of the installation by the Owner of one additional street light on Rosebank Road adjacent to the Lands, the Owner shall pair to the Town, by cash or certified cheque upon the execution hereof, the sum of $500.00. 13. INSPECTIONS (1) All works required to be constructed by the Owner, shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 50 days of invoices being rendered. (z) 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. 14. LIABILITY INSURANCE fi) 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, on adjacent road allowances 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 or renewals within 30 days of the account therefor being rendered by the Town. (4) It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to 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. 15. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% 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, fa) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 13 of 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 works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (3) (4) 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. 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-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 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 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; 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 shah be returned to the Owner subject to any deductions for rectification of deficiencies. 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. 16. DRAINAGE (1) The Owner shall 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 Consult- ing Engineer, establishing the proposed grading of the Lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the Lands. 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 is subject to the approval of the Director of Public Works. 5 (4) The grading of all lands shall be carried out bv the Owner in accordance with the Grading Control Plan, under the supervision of the Owner's Consulting Engineer. If, in the opinion of the Director of Public Works, 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 structures as may be necessary to correct such problems. 17. 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 unreasorLably 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 his 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 ~qorks 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. (z) In cases 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 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 paragraph is one of the considerations, without which the Town would not have executed this Agreement. 18. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Pavin~ of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or where there is no sidewalk, between the curb and the lot line. (b) Continuation of Existin~ 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. (c) 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, other than in the actual construction of roads, 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 sub- clause (i). (iii) That there shall be no burning of refuse or debris upon the Lands or any public ]ands. (d) Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative ~ests made of any materials which have been or are proposed to be used in the construction of any works 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. (e) Relocation of Services (i) (ii) 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. 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. (f) Specifications 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) Temporary Signs 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. (h) Permanent Signs (i) To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. Engineering Drawings Prior to the final acceptance of the works, to supply the Town with the original drawings thereof, with amendments, if any, noted thereon, PART 4 - SITE PLAN CONTROL 19. (2) No development, including redevelopment, shall be undertaken on the Lands until, (a) plans showing the location of all buildings and structures existing or to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of ali facilities and works required under subsection (2), and (b) drawings showing plan, elevation and cross-section views for each industrial and commercial building to be erected which drawings shall be sufficient to display, (i) the massing and conceptual design of the proposed build- ing; · . (ii) the relationship of the proposed buildings to adjacent buildings, streets and exterior areas to which members of the public have access; and (iii) the provision of interior walkways, stairs and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings, have been submitted to the Town and approved by the Town's Director of Planning. As a condition to the approval of the plans and drawings referred to in subsection (1), the Town may require the Owner to provide to the satis- faction of and at no expense to the Town any or alt of the following: (a) facilities to provide access to and from the Lands, such as access ramps, curbs and traffic direction signs; (b) off-street vehicular loading and parking facilities, covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways; (c) walkways, including the surfacing thereof, and all other means of pedestrian access; (d) facilities for the lighting, including floodlighting of the Lands or of any buildings or structures thereon; (e) walls, fences, hedges, trees, shrubs, or other groundcover or facilities for the landscaping of the Lands or the protection of the adjoining lands; (f) vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste mater- iai; (g) easements conveyed to the Town for the construction, maintenance or improvement of watercourses, ditches and land drainage works on the Lands; and (h) lot grading scheme showing all grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the Lands and from any buildings or structures thereon. (3) As a further condition to the approval of the said plans and drawings, the Town may require the Owner to maintain, to the Town's satisfaction and at the sole risk and expense of the Owner, any or all of the facilities or works mentioned in clauses (a) to (h), inclusive, of subsection (2), including the removal of snow from access ramps and driveways, parking and loading areas and walkways. (4) For the purpose of guaranteeing the maintenance, by the Owner, of any works and facilities required to be maintained pursuant to a condition of approval imposed under subsection (3), the Town may require the Owner to provide, prior to the issuance of a building permit, security in the form of an irrevocable letter of credit issued by a chartered bank in Canada in an amount and for s term determined by the Town, 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 said facilities or works to the Town's satisfac- tion. (5) Upon approval by the Town's Director of Planning of the plans and drawings referred to in subsection (1), the proposed buildings, struc- tures, facilities and works shall be erected, constructed, installed and maintained in conformance with the said plans and drawings, as approved. (6) If erection, construction or installation has not commenced within one year of the date of approval of the plans and drawings referred to in subsection (1), the approval shall become null and void and the plans and drawings must be resubmitted for approval prior to any erection, con- struction or installation commencing. IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED VORELCO LTD. Ralph Hestler, President Frank Weis, General Manager THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk 9 'T PROPERTY VORELCO LTD. · January 24, 1986 Mrs. Dayle M. Cameron Administrative Assistant - Legal The Town of Pickering 1710 Kingston Road Pickering, Ont. L1V lC7 Dear Mrs. Cameron: Re: Our Project #3231 503 Kingston Road Pickerin~., Ont. i '~:; '...'l Further to our telephone conversation on January 20, 1986~wf.t~h ........ Mr. Tim Sheffield, we propose the following to replace paragraph 19, subsection (4). (4)"For the purpose of guaranteeing the maintenance, by the Owner, of any works and facilities required to be maintained pursuant to a condition of approval imposed under subsection (3), the Town may require the Owner to provide, prior to the issuance of a building permit, security in the form of an irrevocable letter of credit issued by a chartered bank in Canada in an amount equal to the Owner's consultant's estimate of the value of the work, and for a term of one year from the completion of the work in accordance with the plans and specifica- tions approved by the Town, 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 said facilities or works to the Town's satisfaction." If the foregoing is acceptable, we would appreciate receiving four (4) copies of the revised page 9, which we will insert into the document, and process for execution by the officers of Vorelco Ltd. Page 2 Mrs. Dayle M. Cameron The Town of Pickering Should there be any further questions, please do not hesitate to contact the writer. Yours very truly VORELCO LTD. Ron Zidner Property Manager RZ:eg