HomeMy WebLinkAboutBy-law 2252/86THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 225286
Being a by-law to authorize the execution of a
Development Agreement respecting Part Lot 29,
Range 3, B.F.C., Picketing (Sam Sorbara, in
trust; S6/86)
WHEREAS, as a condition of the approval of Site Plan Proposal S6/86, the owner of
Part Lot 29, Range 3, B.F.C., Picketing, is required to enter into an appropriate
Development Agreement;
NOW THEREFORE, the Council of the Corporation of the Town of Picketing ttEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Development
Agreement in the form attached hereto as Schedule A, respecting the develop-
ment of Part Lot 29, Range 3, B.F.C., Picketing (Sam Sorbara, in trust:
S6/86).
BY-LAW read a first, second and third time and finally passed this 16th day of June,
1986.
John E. Anderson, Mayor
Bruce xaylor, ~]~ d
TOWN OF
PICKERING
APPRO¥ .D
LEGAL DEPT.
SCHEDULE A to, By-law 2252/86
TtIIS AGREEMENT made this §th day of June, 1986,
BETWEEN:
SAM SORBARA, in trust
hereinafter called the "Owner~
OF TIlE FIRST PART,
- and -
TIlE CORPORATION OF TIlE TOWN OF PICKER1NG
hereinafter called the "Town"
OF THE SECOND PART,
WItEREAS the Owner proposes to develop Part Lot 29, Range 3, Broken Front Conces-
sion in the Town of Pickering in the Regional Municipality of Durham, (S6/86);
NOW THEREFORE, THIS AGREEMENT ~qlTNESSETII, that in consideration of the Town
approving the proposed development, and the covenants hereinafter expressed, the
Parties hereto covenant and agree one with the other as follows:
PART 1 - PROPERTY DESCRIPTION
1. LAND AFFECTED
The lands affected by this Agreement (the "Lands") is that part of Lot
Range 3, Broken Front Concession, Picketing, designated as Parts 2 and
Plan 40R-6753.
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 iii 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", 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
and be binding upon the Parties hereto, their successors and assigns.
benefit of
PART 3 - SERVICES
6. OWNERSS GENERAL [INDERTAKING
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.
7. 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.
Such Consulting Engineer, or any successor thereto, shall continue to be
retained until the work is completed and formally accepted by the Town,
8. BOULEVARDS
(1)
The Owner shall construct a boulevard on the south aide of Kingston
Road from White's Road to a point opposite the northerly extension of the
west boundary of the Lands, a distance of approximately 264 metres,
(2)
(3)
(4)
according to the Town's specifications for boulevard grading and sodding
in effect at the date hereo{.
Until approval by the Town, the Owner shall maintain and repair Kingston
Road where construction has taken place and keep it clear of dust,
refuse, rubbish or other litter of all types.
The Owner shall erect and maintain adequate signs to warn all persons
using Kingston Road that construction work is underway.
Such signs and the location thereof are subiect to the approval of the
Town's Director of Public Works.
SIDEWALKS
The Owner shall construct a sidewalk on the south side of Kingston Road from
White*s Road to a point opposite the northerly extension of the west boundary
of the Lands, a distance of approximately 264 metres, according to the Town's
specifications for street sidewalks in effect at the date hereof.
10. INSPECTIONS
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 30 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.
11. LIABILITY INSURANCE
(1)
Before commencing any of the work provided for herein, the Owner shall
supply the Town with a Liability Insurance Policy in form satisfactory to
the Town, naming the Town as an insured and indemnifying the Town
from any loss arising from claims for damages, injury or otherwise in
connection with the work done by or on behalf of the Owner on the
Lands, 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 {or 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.
12. PERFORMANCE & MAINTENANCE GUARANTEE
(l)
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,
(~)
(3)
(~)
(a)
guaranteeing the satisfactory construction, installation or perfor-
mance of the works;
(b)
guaranteeing the payment of any amounts payable to tbe 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.
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 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.
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13,
GRADING CONTROL PLAN
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 adiacent 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.
14. STORM DRAINAGE SYSTEM
(l)
The Owner shall construct a complete storm system to service all the
Lands and to provide capacity for the lands upstream thereof according to
designs approved by the Town's Director of Public Works and according
to the specifications of the Town in effect at the date hereof.
Such system shall be constructed to an outlet or outlets according to
designs approved by the Birector of Public Works and shall be of suffi-
cient size and depth and at locations either within or outside the Lands
affected hereby sufficient to service the Lands and to provide capacity
for the lands upstream thereof.
(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 outside the Lands but such connection shall not constitute accep-
tance of the system by the Town.
15. INGOMPLETED OR FAULTY WORK
(1)
If, in the opinion of the Director of Public Works, the Owner is not
prosecuting or causing to be prosecuted the work in connection with this
Agreement within the specified time, or in order that it may be completed
within the specified time, or is improperly performing the work, or shall
the Owner neglect or abandon it before the completion, or unreasonably
delay the same so that the conditions of this Agreement are being violated
or carelessly executed, or in bad faith, or shall the Owner neglect or
refuse to renew or again perform such work as may be rejected by the
Director of Public Works as defective or unsuitable, or shall the Owner in
any other manner, in the opinion of the Director of Public Works, make
default in performance of the terms of this Agreement, then in any such
case, the said Director of Public Works shall promptly notify the Owner
and 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.
(2)
(3)
(4)
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.
The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
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
lhe 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) Paving of Driveway Approaches
To pave all driveway approaches between the travelled portion of
Kingston Road and the sidewalk to be constructed hereunder.
(b) Gontinuation 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) Oualitative 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) .S. pecificattons
Unless otherwise provided, is perform any work required to be done
under this Agreement to the specifications of the Town in effect at the
date hereof.
(g) Temporary
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.
(b) Permanent Si[~ n s.
(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 h}orks.
En~ineerin~ Drawinl~s
Prior to the final acceptance of the works, to supply the Town with the
original drawings thereof, with amendments, if any, noted thereon.
17. CASII-IN-LIEU OF OTttER SERVICES
Prior to the issuance of the first building permit to be issued after the date
hereof with respect to the lands affected hereby, the Owner of the lands shall
pay to tim Town the sum of $13,855 as its contribution to the Town's cost of
boulevard improvements, sidewalks and storm drainage works adjacent to or in
the vicinity of the lands affected hereby.
PART 4 - SITE PLAN CONTROL
18.
(1) 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 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
tbe 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 hy 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 expeuse to the Town any or all of the following:
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(~)
(4)
(5)
(6)
(a)
facilities to provide access to and from the Lands, such as access
ramps, curbs and traffic direction signs;
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-
ial;
(g)
easements conveyed to the Town for the construction, maintenance
or improvement of watercourses, ditches and land drainage works
on the I.ands; 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 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
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), tbs 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 tim
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 sub-
section (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.
19. FUTURE CONTRIBUTIONS TO OVERSIZING COSTS
In the event that the storm drainage system required by tbs Town to be
constructed by the Owner pursuant to the provisions of section 14 of this
Agreement is to be of a larger capacity, in whole or in part, than neces-
sary to service all the Lands then the provisions of this section shall
al)ply.
(3)
(4)
(5)
Within 60 days of the acknowledgement, by the Town's Director of Public
Works, of the completion of the storm drainage system, or any part
thereof, as the case may be, as provided for in section 14 of this Agree-
ment. the Owner% consulting engineer shall provide to the Town, in a
form satisfactory to the Town,
(a)
a detailed summary of the Owner% actual cost of the design and
construction of the required storm drainage system, excluding
lateral connections; and
(b)
a detailed estimate of the Owner's probable cost of the design and
construction of the said system, excluding lateral connections,
had the system been required by the Town to service the [.ands
only.
Within 30 days of the receipt by the Town of the summary and estimate
referred to in subsection (2), in a form satisfactory to the Town, the
Town Manager shall determine and notify the Owner in writing of the
following:
(a)
the area of the lands outside the Lands. if any, that the storm
drainage system shall be deemed to service for the purposes of
this section (the "external lands")l
(b)
the portion of the Owner's actual cost, referred to in subsection
{2), that the Town shall deem to be applicable to the external
lands for the purposes of this section (the "oversizing cost");
and
(c)
the amount of the oversizing cost that the Town shall deem to be
applicable to each hectare of the external lands (the "per hectare
oversizing cost"),
and that determination shall be final.
In the event that the external lands, or any part thereof, are to be
developed by plan of subdivision, plan of condominium or any other
method requiring a development agreement, then the Town shall endeav-
our to ensure that the owner thereof pays to the Owner herein, prior to
the development of those lands, all or an appropriate portion of the
oversizing cost,
(a)
calculated according to the gross area immediately prior to devel-
opment of the external lands to be developed and the per hectare
oversizing cost, and
(b)
adjusted annually, for a maximum of five years from the date of
the notification referred to in subsection (3), above, according to
the Southam Construction Cost Index for Ontario, composite
portion.
In consideration of the Town approving the plan of
entering into this Agreement with this section included,
by,
subdivision and
the Owner here-
(a) remises, releases and forever discharges, and
(b) agrees to iodemnily and save harmless,
the Town, its officers and employees and their respective heirs, execu-
tors, administrators, successors and assigns, of and from all actions,
causes of action, accounts, claims, debts, damages, demands, and costs
associated therewith, arising, to arise or which may hereafter be brought
against them, or any of them, by or on behalf of the Owner, or any
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other person, because of the provisions of this section or any error,
omission, failure or negligence in the application thereof.
IN WITNESS WHEREOF, the Party of the First Part has hereunto set his hand and
seal and the Party of the Second has hereunto affixed its Corporate Seals attested to
by the hands of its proper officers in that behalf fully authorized.
SIGNED, SEALED & DELIVERED
In the presence of
Sam Sorbara, in trust
THE CORPORATION OF TIlE TOWN OF PICKERING
John E. Anderson, Mayor
Bruce Taylor, Clerk
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