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HomeMy WebLinkAbout By-law 1734/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.1734/83 Being a by-law to authorize the execution of an agreement with J.D.S. Investments Limited respecting the relocation and reconstruction of Glenanna Road and Sheridan Mall Parkway and the assembly and primary development of The Esplanade. WHEREAS the continuing development of the Town's Main Central Area requires the relocation and reconstruction of portions of Glenanna Road and Sheridan Mall Park- way, both roads under the jurisdiction of the Town; and WHEREAS, pursuant to the provisions of Resolution 84183, Item 3, the price fixed for the sale of certain portions of those roads included the entering into of an agreement to provide for certain matters herein set out; and WHEREAS the Town wishes to reassemble its existing land holdings in the Main Cen- tral Area to provide for the establishment of a park to be called The Esplanade in accordance with the Town's Town Centre Community Plan; 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 an Agreement, in the form attached hereto as Schedule "A", between The Corporation of the Town of Pickering and J.D.S. Investments Limited respecting the relocation and recon- struction of Glenanna Road and Sheridan Mall Parkway and the assembly and primary development of The Esplanade. BY-LAW read a first, second and third time and finally passed this lgth day of September , 1983. Clerk TOWN OF PICKERING APPROVED AS TO F, ORM LEG,aL DEPI, SCHEDULE "A" to B~;-law 1734/83 THIS AGREEMENT made in triplicate this 19th day of September, 1983. BETWEEN: J.D.S. INVESTMENTS LIMITED hereinafter called "J.D.S." OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called "Pickering" OF THE SECOND PART. WHEREAS J.D.S. is the owner of certain lands in Pickering's Town Centre Community and wishes to provide for the expansion of Sheridan Mall; and WHEREAS such expansion requires the relocation of portions of Sheridan Mall Parkway and Glenanna Road; and WHEREAS Picketing is the owner of certain lands in provide for the establishment and maintenance of an pattern; that Community and wishes to esplanade and a future road NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of Two Dollars ($2.00) paid by each Party to the other, receipt of which by each is hereby acknowledged, and of the mutual benefits hereby by each derived, the Parties hereto covenant and agree one with the other as follows: A. CONVEYANCES - ROADS - PICKERING TO J.D.S. Pursuant to the provisions of section 2 of By-Law 1686/83, Picketing shall convey to J.D.S., or to any party directed by J.D.S., the lands more particu- larly described in Schedule "A" hereto, being that part of Sheridan Mall Park- way and of Glenanna Road closed by By-Law 1686/83, for the sum of Two Dollars ($2.00). Pursuant to the provisions of section 2 of By-Law 1731/83, Picketing shall convey to J.D.S., or to any party directed by J.D.S., the lands more particu- larly described in Schedule "B" hereto, being that part of Sheridan Mall Park- way and of Glenanna Road closed by By-Law 1731/83, for the sum of Two Dollars ($2.00). Pursuant, in part, to the provisions of section 2 of By-Law 1731/83, Pickering shall convey to J.D.S., or to any party directed by J.D.S., the lands more particularly described in Schedule "C" hereto (or so much thereof that it may lawfully convey to J.D.S.), being that part of Sheridan Mall Parkway closed by By-Law 1731/83, for the sum of Two Dollars ($2.00). J.D.S. shall accept such conveyances, or any of them, conveyances may be subject to an easement, so long as municipal or utility purposes. whether or not such such easement is for Upon any conveyance of lands referred to in sections 1, 2 or 3 to it, J.D.S. shall erect, at its sole expense and to the satisfaction of the Town's Director of Public Works, such warning signs and devices as the Director requires, to notify pedestrians and drivers that the lands are private roads, not municipal roads; such signs and devices shall be maintained by J.D.S. until such time as the Director directs otherwise. Following any conveyance of lands referred to in sections 1, 2 or 3 to it, J.D.S. shall keep the lands open as private accesses to and across its other lands until such time as alternate public roads are available for such purpose as the Director so advises J.D.S., in writing. Upon the Director so advising J.D.S., J.D.S. shall close those private accesses and prevent their use by the public until or unless they are incorporated into a development plan approved by the Town. 2 B. CONVEYANCES - ROADS - J.D.S. TO PICKERING J.D.S. shall convey to Pickering, free and clear of all encumbrances, the lands more particularly described in Schedule "D" hereto, being future road allow- ances for Sheridan Mall Parkway/Glenanna Road/The Esplanade North, South, for the sum of Two Dollars ($2.00). C. PRE-DEVELOPMENT OF LANDS (~) Upon the completion of the conveyance referred to in section 3, J.D.S. shall remove all roadworks and aboveground services from the lands referred to in Schedule "C" hereto, and shall relocate the entrance to Blocks 13 and 14, Plan 40M-1231, southerly, in accordance with approved amendments to the existing site plan for Blocks 13 and 14. (2) J.D.S. shall grade and seed or sod those lands comprising the undevel- oped north-east corner of the new intersection of Sheridan Mall Parkway and Glenanna Road, in accordance with the requirements of the Town's Director of Public Works and as if, for the purposes of sections 17, 18 and 19, such grading and seeding or sodding were "Esplanade Works". - 4- D. CONSTRUCTION OF WORKS - ROADS 10. J.D.S. shall construct, install and complete, at its own expense, in accordance with the Town's specifications and standards in effect at the date hereof and in a good and workmanlike manner, the following works, hereinafter called the Road Works: (a) (b) (c) (d) (e) (f) (g) (h) roads, curbs and gutters, sidewalks and bicycle paths, street lighting, signs, boulevards, including driveway approaches, water and sanitary sewer connections to the lands more particu- larly described in Schedule "E" hereto and to the lands immedi- ately east of the Picketing Corporate Centre, (i) watermains and hydrants, upon those future road allowances, and upon The Esplanade South on Plan 40M-1231, in accordance with engineering drawings approved by the Town and more particularly referred to in Schedule "F" hereto. 11. (1) At the time the Road Works are constructed or installed, J.D.S. shall cut-off and remove or close all existing services no longer required, subject to the provisions of sections 6 and 7, above. At the time The Esplanade South is constructed, J.D.S. shall install the asphalt walkways (shown on the approved site plan for that part of Plan 40M-1231 south of The Esplanade South) linking The Esplanade South across Block 16, Plan 40M-1231, to the lands to the south in accordance with that site plan. - 5- E. CONVEYANCES - NON-ROADS 12. J.D.S. shall convey to Pickering, free and clear of all encumbrances, the lands more particularly described in Schedule "G" hereto, being a portion of the future Esplanade, for the sum of Two Dollars ($2.00). 13. Pickering shall convey to J.D.S. the lands more particularly described in Schedule "H" for the sum of Two Dollars ($2.00). -6- 14. F. CONSTRUCTION OF WORKS - ESPLANADE J.D.S. shall construct, install and complete, at its own expense, in accordance with the Town's specifications and standards in effect at the date hereof and in a good and workmanlike manner, the following works, hereinafter called the Esplanade Works: (a) asphalt and concrete walks, (b) trees and shrubs, (c) brick paver walkways and sitting areas, (d) benches, (e) park lighting, (f) electrical service, (g) water service, (h) sodding, upon the lands described in Schedule "I", and, where applicable, adjacent road allowances, in accordance with engineering and other drawings approved by the Town and more particularly described in Schedule "J" hereto. - 7 - G. CONSTRUCTION OF WORKS - ROADS & ESPLANADE 15. J.D.S. shall retain a Professional Engineer and a Landscape Architect as its consultants to carry out all necessary engineering and design and to supervise the construction, installation and completion of the Road Works and the Esplanade Works. 16. (i) All Road Works (except those referred to in section 9(e), above) and all Esplanade Works (except those referred to in section 13(e) and (f), above) shall be constructed, installed and completed under the observa- tion of Inspectors employed by the Town and J.D.S. shall pay the costs thereof, which may include the costs of testing and administration, within thirty (30) days of invoices being rendered. (2) Road Works referred to in section 9(e), above, and Esplanade Works referred to in section 13(e) and (f), above, shall be constructed, in- stalled and completed under the supervision and inspection of Pickering Hydro-Electric Commission. 17. (1) J.D.S. shall provide Pickering with a Liability Insurance Policy in form satisfactory to Pickering, indemnifying Pickering from any loss arising from claims for damages, injury or otherwise in connection with the construction, installation or completion of the Road Works or the Esplanade Works. (2) The amount of the said Policy shall be $1,000,000. (3) In the event any renewal premium is not paid, Pickering, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and J.D.S. agrees to pay the cost of such renewal or renewals within thirty (30) days of the account therefor being ren- dered by Picketing. (4) J.D.S. shall notify Pickering of the dates for the renewal of the premium of the policy and to supply proof that the premium of the policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 18. J.D.S. shall complete all Road Works and Esplanade Works within the time limits specified in the Table set out below and guarantee the workmanship and mat- erials for a period of two (2) years from the date that the Works are approved in writing by the Director of Public Works. Table Works Time Limit for Completion (a) Road Works - street lighting, signs & all underground works Esplanade Works - all One year from the date of this Agreement (b) Road Works - all other above- ground works Two years from the date of this Agreement 19. If, in the opinion of the Director of Public Works, J.D.S. is not pro- secuting 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 J.D.S. 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 J.D.S. 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 J.D.S. 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 J.D.S. and its surety in writing of such default or neglect and if such notification be without effect within ten (10) clear days after such notice, then in that case, the - 8- G. CONSTRUCTION OF WORKS - ROADS & ESPLANADE (Cont'd) (2) (3) (4) 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 J.D.S. or its surety, or both. In cases of emergency, in the opinion of the Director of such work may be done without prior notice but J.D.S. shall be forthwith notified. Public Works, and its surety The cost of such work shall be calculated by the Director of Public Works whose decision shall he 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 Pickering as a result of such default on the part of J.D.S., it being hereby declared and agreed that the assuming by J.D.S. of the obligations imposed by this paragraph is one of the consid- erations, without which Pickering would not have executed this Agree- ment. 20. (1) (2) (3) J.D.S. shall supply Pickering with a performance and maintenance secur- ity in a form satisfactory to the Town and in an amount established by the Director of Public Works for the purpose of, (a) guaranteeing the satisfactory construction, installation and com- pletion of all outstanding Road and Esplanade Works; (b) guaranteeing the payment of any amounts payable to Pickering under section 15(1) of this Agreement; (c) guaranteeing the payment of any amount that Pickering may be required to pay under the provisions of the Construction Lien Act, 1982, and (d) guaranteeing all works, workmanship and materials for a period of two (2) years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. J.D.S. may, from time to time, 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 and installation 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) thirty-five per cent (35%) of the original contract price where no certificate or declaration of substantial performance has been made; (b) twenty per cent (20%) of the original contract price where, (i) a certificate or declaration of substantial performance has been published; (ii) forty-five (45) days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by Pickering have expired or have been satisfied, discharged or provided for by pay- ment into court; and (c) ten per cent (10%) of the original contract price where, -9- G. CONSTRUCTION OF WORKS - ROADS & ESPLANADE (Cont'd) (4) (i) a certificate of final completion has been made by J.D.S.'s consulting engineer; (ii) forty-five (45) days following the making of such certifi- cate have expired; and (iii) all liens that may be claimed against any holdback required to be retained by Picketing have expired or have been satisfied, discharged or provided for by pay- merit into court; which ten per cent (10%) 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 J.D.S. 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 J.D.S. any necessary assurance to effect the reduction. - 10- H. GENERAL PROVISIONS 21. J.D.S. shall, (a) pay the cost of relocating any existing services and utilities required to be relocated by Picketing within thirty (30) days of the account for same being rendered by Pickering; (b) 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; (c) 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; (d) prior to the final acceptance of the subdivision, supply the Town with the original drawings of the Road Works and the Esplanade Works, with amendments, if any, noted thereon; (e) prior to the acceptance of the Works by Pickering, supply a statement by an Ontario Land Surveyor that, after the completion of the Works, he has found all standard iron bars and survey monuments shown on the regis- tered reference plans listed in Schedule "K" hereto; (f) upon apply for acceptance of the Works by Pickering, supply Pickering with a Statutory Declaration that all accounts for work and materials have been paid, excluding normal guarantee holdbacks, and that there are no claims for liens or otherwise in connection with work done or material supplied for or on behalf of Pickering in connection with the Works. 22. (i) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, J.D.S. shall provide to Picketing at least thirty (30) days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shall be to the satisfaction of Pickering. (3) Should no such further security be provided as required, then Pickering 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. 23. Any notice required to be given hereunder shall be given by (a) if to J.D.S. shall be addressed as follows: J.D.S. Investments Limited 1000 Finch Avenue West Downsview, Ontario M3J 2E7 (b) if to Pickering, shall be addressed as follows: Town Clerk The Corporation of the Town of Picketing 1710 Kingston Road Picketing, Ontario L1V 1C7 and shall be effective as of the second day deposit in the Post Office. registered mail, immediately following the date of 24. Schedules IIA", lIB", "C", lID", "E'1, "F", "G", "HIT, "III, "J" and "K" attached hereto shall form part of this Agreement. 25. Time shall be of the essence of this Agreement. - 11- 26. H. GENERAL PROVISIONS (Cont'd) This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective corporate seals, duly attested by the hands of their proper authorized officers. SIGNED, SEALED & DELIVERED J.D,S. INVESTMENTS LIMITED President THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk - 12 - SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of those paris of Lots 21 and 22, Concession l, designated as Part 1 on a plan of survey of record deposited in the Land Registry Office for the Registry Division of Durham as Plan 40R-6953. SCHEDULE "B" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham and Province of Ontario and being composed of those parts of Lots 21 and ZZ, Concession l, designated as Parts l, 2, 3 and il, on a plan of survey of record deposited in the Land Registry Office for the Registry Division and for the Land Titles Division of Durham as Plan 40R- SCHEDULE "C" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of Blocks 20 and 21, part of Block 19 and part of Sheridan Mall Parkway, all according to a plan of subdivision registered in the Land Registry Office for the Land Titles Division of Durham as Plan 40M-1231, designated as Parts 1, 2, 3, 8, 10, il, 12, 13, and 14 on a plan of survey of reference deposited in that Office as Plan 40R- , BEING part of Parcel , Section 40M-1231, Pickering, AND part of Parcel , Section 40M-1231, Picketing. SCHEDULE ALL AND SINGULAR those certain parcels or tracts of lands and premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham and Province of Ontario and being composed of, FIRSTLY, those parts of Blocks 1 and 2, Plan 40M-1231, designated as Parts 4, and 7, Plan 40R-77¢4-, BEING part of Parcel, Section 40M-1231. Picketing; 5, 6 SECONDLY, those parts of Lot 21, Concession 1, designated as Parts 22, 33, 34, 35, 36, 62, 63, 64, 65 and 66, Plan 40R-~5, BEING part of Parcel Picketing Con-l-21-2, Section Picketing; 23, 25, 29, THIRDLY, those parts of Lot 22, Concession 1, designated as Parts 37, 38, 39, 41, 42, 43, 44, 45, 46, 47, 48, and 54, Plan BEING part of Parcel Picketing Con-l-21-2, Section Picketing; 40, FOURTHLY, that part of Lot 22, Concession 1, designated 40R- 77~,~ , BEING part of Parcel Picketing Con 1-22-10, Section Pickering; as Part 55, Plan FIFTHLY, those parts of Lot 21, Concession 1, designated as Parts 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, Plan 40R-'~&~; and SIXTHLY, that part of Lot 22, Concession 1, designated as Part 1, Plan 40R-~/~. SCHEDULE "E" ALL AND SINGULAR those certain parcels or tracts of lands and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of, FIRSTLY, those parts of Lot 21, Concession 1, designated as Parts and 32, Plan 40R-77~, BEING part of Parcel Picketing Con-l-21-2, Section Picketing; and 27, 28, 30, 31 SECONDLY, those parts of Lot 21, Concession 1, designated as Parts 15 and ]6, Plan 40R-TV~5. SCHEDULE "F" SCHEDULE "G" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of that part of Lot 21, Concession l, des- ignated as Part 24 on Plan BEING part of Parcel Pickering Con-1-21-2, Section Pickering. SCHEDULE "H" ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham and Province of Ontario and being composed of those parts of Lot 21, Concession 1, designated as Parts 19 and 21 on Plan SCHEDULE "III ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of that part of Lot 21, Concession l, des- ignated as Parts 18 and 24 on Plan SCHEDULE "J" Plans 40R- and 40R- SCHEDULE "K"