HomeMy WebLinkAboutBy-law 2190/86THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2190186
Being a by-law to authorize the execution of a
Site/Development Agreement respecting Lots 27
and 28, Plan M-89, Pickering and that part of
Lot 23, Range 3, Broken Front Concession,
Picketing, designated as Part 1, Plan 40R-4563.
(Luttmer; A40/$5)
WHEREAS, on February 3, 1986, the Council of the Corporation of the Town of
Picketing passed Resolution 9/86, being the approval in principle of Zoning By-l~w
Amendment Application A40185, subject to conditions, two of which requires the
entering 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
Agreen!ent in the form attached hereto as Schedule A, respecting the develop-
ment of Lots 27 and 28, Plan M-89, Pickering and that part of Lot 23, Range 3,
Broken Front Concession, Pickering, designated as Part 1, Plan 40R-4563.
(Luttmer; A40/85).
BY-LAW read a first, second and third time and finally passed this 21st da~ of April,
1986.
/ Br~ce Taylor,
ITOWN OF
PICF, ERI~G
APPR0 ',-D
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2190/86
Being a by-law to authorize the execution of a
Site/Development Agreement respecting Lots 27
and 28, Plan M-89, Pickering and that part of
Lot 23, Range 3, Broken Front Concession,
Picketing, designated as Part 1, Plan 40R-4563.
(Luttmer; A40/85)
WHEREAS, on February 3, 1986, the Council of the Corporation of the Town of
Picketing passed Resolution 9/86, being the approval in principle of Zoning By-law
Amendment Application A40/85, subject to conditions, two of which requires the
entering 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 Lots 27 and 28, Plan M-89, Picketing and that part of Lot 23, Range 3,
Broken Front Concession, Picketing, designated as Part 1, Plan 40R-4563.
(Luttmer; A40/85).
BY-LAW read a first, second and third time and finally passed this 21st day of April,
1986.
'TOWN OF
L E [-.'/~ t. DE'2T.
THIS AGREEMENT made this day of
, 1986.
BETWEEN:
BERNARD LUTTMER
and
JEAN LUTTMER
hereinafter collectively called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the '~Town'~
OF THE SECOND PART,
- and -
THE TORONTO DOMINION BANK
hereinafter called the "Encumbrancer"
OF THE THIRD PART.
WHEREAS, the Owner proposes to redevelop Lots 27 and 28, Plan M-89 in the Town of
Pickering in the Regional Municipality of Durham, and seek a rezoning thereof, (A
40/85) with the consent of the Encumbrancer;
NOW THEREFORE, TtlIS AGREEMENT WITNESSETH, that in consideration of the Town
approving the proposed redevelopment and rezoning, and the covenants hereinafter
expressed, the Parties hereto covenant and agree one with the other as follows:
PART 1 - PROPERTY DESCRIPTION
LAND AFFECTED
The lands affected by this Agreement (the "Lands") are Lots 27 and 28, Plan
M-89, Pickerlng, and that part of Lot 23, Range 3, Broken Front Concession,
Pickerlng, designated as Part 1, Plan 40R-4563.
PART 2 - GENERAL PROVISIONS
2. NOTICE
Any notice required to be given hereunder may be given by registered mail
addressed to the other Party at its principal place of business and shall be
effective as of the second day immediately following the date of the deposit
thereof in the Post Office.
3. INTERPRETATION
Whenever in this Agreement the word "Owner" and the pronoun "it" is used, it
shall be read and construed as "Owner or Owners", "Encumbrancer or
Encumbrancers" 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
and be binding upon the Parties hereto, their successors and assigns.
of
PART 3 - SERVICES
6. OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good workmanlike man-
ner, for the Town, all the municipal services as hereinafter set forth to the
satisfaction of the Town of Picketing, and shall complete, perform or make
payment for such other matters as may be provided for herein.
CONSULTING ENGINEERS
(I)
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.
(z)
Such Consulting Engineer, or any successor thereto, shall continue to be
retained until the work is completed and formally accepted by the Town.
BOULEVARDS
(1)
The Owner shall construct a boulevard on the west side of Liverpool Road
from the north edge of the Liverpool Road bridge adjacent to the Lands
to a point opposite the easterly extension of the north boundary of the
Lands, a distance of approximately 115 metres, according to the Town's
(z)
(3)
(4)
specifications for boulevard grading, ditch works and sodding of the
Town in effect at the date hereof.
Until assumption by the Town, the Owner shall maintain and repair
Liverpool Road where construction has taken place and keep such roads
clear of dust, refuse, rubbish or other litter of all types.
The Owner shall erect and maintain adequate signs to warn all persons
using Liverpool Road that construction work is underway.
Such signs and the location thereof are subject to the approval of the
Town's Director of Public Works.
SIDEWALKS
The Owner shall construct a sidewalk on the west side of Liverpool Road from
the north edge of the Liverpool Road bridge adjacent to the Lands to a point
opposite the easterly extension of the north boundary of the Lands, a distance
of approximately 115 metres, according to the Town's specifications for street
sidewalks in effect at the date hereof.
10,
STREET LIGHTING
(1)
The Owner shall pay all costs of upgrading street lighting on Liverpool
Road, including poles and other necessary appurtenances, as required.
(2)
The lighting shall be designed and installed in accordance with standards
established by the Town and in conformity with the Association of
Municipal Electrical Utilities Guide to Municipal Standard Construction.
(3) The upgrading of all works providcd for in this section shall be
constructed under the supervision and inspection of Picketing
Hydro-Electric Commission.
11. INSPECTIONS
(1)
All works required to be constructed by the Owner, except those
referred to in section 10 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.
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.
1Z. 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, on adiacent 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 preminm 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.
13.
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,
(a)
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.
(z)
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
Trees urer.
(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-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 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;
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
4
(4)
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.
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.
14.
DRAINAGE
(~)
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 ali 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.
(3)
The grading of all lands shall be carried out by the Owner in accordance
with the Grading Control Plan, under the supervision of the Owner's
Consulting Engineer.
(4)
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.
15. INCOMPLETED OR FAULTY WORK
(~)
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 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 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.
(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 ~vork 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.
16. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Pavin$ of Driveway Approaches
To pave all driveway approaches between the travelled portion of
Liverpool Road and the sidewalk to be constructed hereunder.
(b) 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.
(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 lands.
(d) Qualitative or Quantitative 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 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)
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.
(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.
(f) Specifications
Unless otherwise provided, to perform any work required
under this Agreement to the specifications of the Town in
date hereof.
to be done
effect at the
-6
(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
17.
(1)
(z)
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 all facilities
and works required under subsection (2), and
(b)
drawings showing plan, elevation and cross-section views for each
industrial and commercial building to he 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 ali 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;
7
(3)
(4)
(5)
(6)
(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-
ial;
(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.
As a further condition to the approval of the said plans and drawings,
the Town may require the Owner to maintain, to the Townts 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.
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 a 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.
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.
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 persons comprising the Party of the First Part have
hereunto set their hands and seals and the Parties of the Second and Third Part have
hereunto affixed their Corporate Seals attested to by the hands of their proper
officers in that behalf fully authorized.
SIGNED, SEALED & DELIVERED
In the presence of
Bernard Luttmer
Jean Luttmer
THE CORPORATION OF THE TOWN OF PICKERING
John E, Anderson, Mayor
Bruce Taylor, Clerk
THE TORONTO-DOMINION BANK
FRENCHM~NS
8A Y
LAKE
SUBJECT
PROPERTY
ONTARIO
Town of Pickering
PLANNING DEPARTMENT
LOTS 27 &28,M-89; PT. I , 40R-4563
ADphcmtion No. Owner
A40/85 B. 8, M. LUTTMER
Date ,~:ale
OCT. 7 / 85 I: 7500
Drlwn By Checked By
IDB
Resolution ~9/86
Moved by Councillor Robertson
Seconded by Councillor Stoner
That By-law Amendment Application A 40/85 submitted by T.W.
Beddall on behalf of the owners, B. & M. Luttmer, to change the
zoning on lands being Lots 27 and 28, Plan M-89 and Part 1, Plan
40R-4563, from ' (H) 03B' - (Holding) Waterfront Zone, to an
appropriate zoning that will permit redevelopment of these lands
for marina and related uses including restaurants, boat and engine
repair shops, marina offices, and .a temporary residential dwelling
unit, be APPROVED, subject to the following conditions:
That prior to the forwarding of an implementing by-law to
Council:
the owner enter into an appropriate development
agreement with and to the satisfaction of the Town
which shall include provisions respecting the
improvement of Liverpool Road (sidewalks, curbing,
boulevard improvements and sodding, street lighting)
across the frontage of the subject property;
ii)
the owner enter into an appropriate agreement with
and to the satisfaction of the Region of Durham
respecting the extension of Regional water supply to
the subject property.
That prior to the issuance of a building permit,
i)
the owner satisfy The Metropolitan Toronto and Region
Conservation Authority respecting the issuance of
permits in accordance with Regulation 170;
the owner enter into an appropriate site plan
agreement with and to the satisfaction of the Town.
That the temporary residential dwelling use proposed by
the owner be permitted through the use of a 'temporary
use' by-law under Section 38 of the Planning Act, 1983,
for a period of three years and be restricted to a maximum
floor area of 248 square metres.
That the implementing by-law,
i)
require the provision of a minimum of 68 parking
spaces (on-site) and a maximum of 80 boat slips for
the development;
ii)
iii)
establish a gross floor area limitation of 93 square
metres for 'sit-down/take-out' restaurants and 17
square metres for 'take-out only' restaurants;
establish a maximum gross floor area of 980 square
metres for marina related uses such as boaters'
lounge, clubroom, storage, washrooms, offices,
service centre, repair shops, terrace areas and
restaurants.
CARRIED
Council Minutes
- P'ebruary 3, 1986
- A 40/85