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Home My WebLink AboutL 22/00,1 .. �A `�yOFp/C� 'f G rW �- p FROM: Andrew Biggart Solicitor for Ciry REPORT TO COUNCIL DATE: May 23, 2000 REPORT NUMBER: L 22-00 SUBJECT: First Simcha Shopping Centres Limited ("First Professional") (Metro East Trnde Centre Lands — METC) - Land Exchanga AgreemendWorking Easement Cunndian Tirc Corporation - Working Etuement Pickering Parkway Realignment - Purt (.ot 18, Concession I, Pickcring - Filc: RE9405 RECOMMENDATION: (n) A by-Inw shoulJ be enacted to authorizc the cxccution of an Agreemcnt betwcen the City and First Profcssional rcspecting the cxchnnge of Innds within Lot 18, Concession 1, Pickering for the rcalignment of Pickering Pnrkway, east of Brock Road; nnd (b) A by-law shoulJ bc cnactcd to authoriu the exccution of n Working Esuement between the City und Cnnudian Tirc Corporation. ORIGIN: Council Rcsolution 39/94, Item 1(April 5, 1994). AUTHORITY: Mr�nrcipalAcl, R.S.O. 1990, chapter M.45, section 191(1). FINANCIAL IMPLICATIONS: The Dircetor, Corporate Services end Trensurcr hns confirmed that this projcet wns included in the Development Charge Study os a 2003 Project und that funding is, or will be nvuilable for thc project costs. Development Charges 2321-6181 External Subdivision Works 5117,OOU (Est.) Project V-17 EXECUTIVE SUMMARY: I, In April 1994, Council enacted By-law 4463/94 authorizing the execution of an agrecmcnt with Steele Vallcy Development ("Slecle Valley") thc previous Owncr of lhe lands nt the south-cast comer of Plckcring Parkway;and Brock Itoad (now Cnnadian Tinc Cot}wrnttonj'rcspecting thc exchange of certeln lends within Lot 18, Conccsslon ,l, 'fo� thr, reelignmept of Pickering Perkway; thut Agrcement was registercd on August 7, t997: � 1 ��V j'. , _ ' . , �. . . . 25 Report to Council L 22-00 May 23, 2000 Subject; First Simcha Shopping Centres Limited/ Cenedian Tire Corporotion and Pickering Pnrkwny Reulignment Page 2 First Arofessional, the Owners of the Meuo East Centre ("M11ETC") lunds are now looking W redevelop their lands and as such, are required to enter into an Exchange Agreement with thc City which will enable the City to ncquire the remaining lends rcquired to effect thc reulignment. BACKGROUND: On April 5, 1994, Council passed Resolution 39/94, item 1, opproving, subjeci to conditions, Zoning By-Lnw Amendment Applicntion Al I/93, submitted by Steele Vnlley (now Cenadian Tirc Corporation) to permit additional commcrcinl uscs in part of Lot 18, Conccssion 1, Pickering. Stcele Valley was rcquire�l to enter into a Land Exchnnge Agreement with the City which would nllow fur the eventual realignment of Pickering Parkwny, subsequcntly improving lhe geometrics and alleviating the traftic f]ow problcros being experienced in the nreu. Steele Valley entered into such an ugrcement with Pickering nnd on June 27, 1994, Council enacted By-law 4163/94 authorizing its execution. That Agrecment was registered on title August 7, 1997. Thc Owners of thc METC lands (now "First Profcssionnl") hnvc since upplicd for an umcndment to the Zoning By-law aflecting their lands. As with the applicntion brought fonvurd by Steele Vulley, approvnl far the Zoning By-Luw Amendment is also subject to First Professional entcring into lhc approprintc Land Exchnngc Agrcemcnt with the Ciry for the remnindcr of the iunds rcquircd to complcte the renlignment of Pickering Parkway. Ennctment of the Dy-Inw attached hercto will nutlioriu the execution of the Lnnd Exchunge Agrcemcnt bctwccn the City and First Profcssional. Thc Land Exchnngc Agreemcnt will provide for, nmong o►hcr mutters: (o) thc cxchnnge of lands betwecn the City and first Professional; (b) the requircment for the Owncr to obwin finnl site pinn approvul prior to the issuance of u building pertnit for the site; nnd (c) the appropriate cost-shnring arrangcments tx:twecn the City and First Profcssional for: (i) the conswr.tion of the Pickering Pnrkway rcnlignment nt u cost of 5224,000; and (ii) the installation of sidewalk, street lighting nnd boulevnrd works on the east side of Brock Road (Reginnul Road #1) adjncent to the site. /1 should be noled tha! Ihe redeve%pment ojthe METC lands has prompled 1he Reglon fo Initlale the construcllon oj on addltlona/ fane on Ihe east slde oj Brock Road adJacent fo rhe sila In order �o comp/ete the urbanlzatlor; ojlhis area, slreel /!g/i!ing, sidewa/k and boulevard wnrks are requfred IVhI/e �hfs !s o Clty responslb!/Ity, such urbanJzollon was not anttclpaled a1 thls lime and consequenl/y was nollncluded as a"profecl"!n rhe 2000 Capllal Budge1232/- 6181 Exfernal Subdlvlslon Works (7'he Deve/apmen� C'harge Bockground S�udy Jdenl�es Ihls as a I003 proJeclJ. FJrst Prnjess/ona! agreu fo undenake lhe lnstallallon of stnet Ilghfing, sldewalks, and boulevard works on beha(% of rhe Cl1y prov7ding tha� 1he . Agreemenf lncludes o provlslon jo► fhe nlm6ursemenl oj 1Fe catls, It is anticlpatcd that fhe cost fo comple�e such works would be approxlmafe(y 5117,000. Rdmbursrrnrnf would not occur bejon June 30,1001 and woutd be aubJect ro compleNon of Ihue wor�rs so�iFfacfory to �ke Clty and lhe Regton, s �. . + �c . _ .. � . _ � 26 Report to Council L 22-00 Subject: First Simchn Shopping Centres Limited/ Canadinn Tirc Corporation and Pickering Parkwny Reulignment May 23, 2000 Page 3 Further, it has been detertnined ihat Working Easemenis should be entered into with both First Professional and Canndian Tire. These Working Easements will allow the City to begin construction of the newly creuted portion rond on both Cnnadinn Tire's and First Professional's lands without closing the existing poriion of roud. The Agreement and Bylaw attached hereto provides for the execution of such documentation between thc City nnd First Professionai, however, the Agreement entered into in 1994 with Steele Vnlley (now Canadian Tire) did not. Enactment of lhe By-law uttnched hereto will nuthorize the exccution of lhc requircd Working Ettsement between Cunadinn Tire and the City. ATTACHMENTS: I. Site Sketch/Location Map. 2. DrnR by-law with proposed Land Exchnnge Agreement attached ns Schedule A. 3. Drnft By-luw rcspecting Working Easemcnt with Cunudian Tire. Prepared By: /� �� Denisc Byc DB;Ijm Attnchments Approvcd / Endorsed By: 1 Y'�/- � � Andrcw BiB6art Recommended for the considemtion of Pickering Ciry Council �• . �/ U o J. Qui Chie Admim t e icer `: - { r Y 1 , . ..� .,� i ��. .. ,-; � q.v � H�GH�PY o � G•N'R' I U` W m N W K 7 O � City of Pfcke�ing Planninp end Development Department � oATE MAY 31. 2000 - :� � � , ATTACHMENT #.5�.. TO REPORTl��r t� 2 S THE CORPORATION OF THB CITY OF AICICL�RINO BY-LAW NO. 5686/00 Ifeing a by-law to aulhorizc the acqulsi�lon of par� oj Lo� 18, Concese•iun l, Plckering, jor road purposes (Plckering Parkway) and the dlsposillon oJ part oj Lot l8, Concesston 1, Plckering, no longer requfred jor munlcipal purposes. WFIEREAS, pursunnt to the provisions af secdon 191(l) of the Municlpal Acl, R.S.O. 1990, chapter M.AS, the Council for Thc Corporntion of thc City of Pickering may pass by-laws tor acquiring a��y land or intercst thcrein for thc purposc of thc Corporntion; and WHEREAS, the Corporntion req�ircs a pnrt of Lot 18, Concession 1, Pickcring, for road putposes (Pickering Pnrkwny rcalignment); and WFIEREAS, pursuant to lhc provisions of scction 191(1) oCtha bfuntcipal Act, thc Council for thc Corporotiom m�y pass by-luws for disposing of land no longcr required for the pucposes of the Corporation; and WHEREAS, upon thc rcalignment of Pickcring Pn�kway, thc Corporntion will no longcr rcquirc n pnrt of Lot 18, Concession I, Pickcring, presently owncd by it, or to bc ncquircd by it; NOW THBRE�ORE thc Council of Thc Cor�wration of thc Ciry of Pickcring HERGIIY GNACTS AS FOI.LOWS: 1. Thc Mnyor und Clcrk am hcreby authori�ed to cxccutc a Lnnd Gxchnngc Agreement, substantiully in acconiancc with lhc Corm altachcd hcreto us Schedule A, between First Simciw Shopping Ccntres Limitcd ("�irst Professional") und The Corpomtion of the City of Pickcring to implcmcnt lhc acquisition and disposition of ccrtnin lands. 2. Thc Mayor ssnd Clerk urc hcrcby authoriud to exccutc o Working F.asement, ovcr certuin lands, subject to the terms and canditions set out lhercin nnd in a form satisfnctory to the Solicitor for the Ciry of Pickering. 3. The Mnyor and Clerk arc hcrcby authoriud to execute Transfers of Euscmcnts ovcr certnin londs, subjcct to thc tcrtns and conditions sct oW thercin and in n fomi sadsfnctory to thc Solicitor for the City of Pickcring. BY-LAW r;,ad n first, second and third time and fmully pusscd this Sth day of ]unc, 2000. Wayne Arthurs, Mayor Brucc Taylor, Clerk n�oos SCHEOULE A Q 9 TN1S LAND HXCHANC36 AND DBV6LOPMSNT AQRSEMENT for tho acquisitlon end diaposition of Imds made a� of May 15, 2000, pursuant to tha provlaions of tho Mwilcipa! Acl, RS.O. 1990, chapter M.45, aection 191, and for Ihe development of certaln lands pwsuant to tho Planning dc�, RS.O. 1990, chepter P.13, BQTWESN: FIRST 5(MCHA SHOPPINd CENTRES LIMITED hercin called "Owner" - end - THE CORPOltAT10N OF THE CITY OF PICKERING hercin called "Pickering" OF THE FIRS7' PART, OF Tt1E SECOND PART. WFIEREAS, ihe Owner is the registercd owner, in fee simple, of that part of Lot 18, Concession 1, Pickering, designated es Part 1. Plan 40R-12951; end WHEREAS, Pickering is Ihe rcgistered owner of that part of Lot 18, Conceasion 1, Pickering, designated as Part 6, Plen 40R-15636;and WHEREAS, ihe Owner wishes to redevelop lhat part of Lot 18, Concession I, Pickcring, designated as Part I, Plan 40R- I295t;and WHEREAS, Pickering wishes to rwlign a poAiun of Pickering Parkway adjecent to the Owncr's lands end wishes to enter into an Agreement with the Owner for thc exchangc of ccrtain lands for such rcalignment; end WHGREAS, thc rcalignmcnt and land exchange are supportnl by the Owner, and WHGREAS, pursuant to the provisiom of the bluniclpaf Acr, I�S.O. 199U, chapter M.45, section 191, Pickering may acyuirc lands for municipal purposcs end Jispou of samc when no longer rcquircd; and WHERGAS, Pickcring Council passed Zoning Bylaw 5511/99 to pertnit rcdcvclopment of Pert I, Plan 40R-12951; end Wt1EREAS, Zoning Bylaw 5511/99 contains an (I�}Fiolding Symbol that cannot havc a bylaw passed lifling the (N} Holding Symbol until such time as 1he Owner of Peri 1, Plen 40R-12951 hns entercJ inlo an appropriete ngreement wilh lhc City rcspecting the realignment of Pickering Parkway, and the granting of conditional site plan approval by the Director, Planning and DevelopmenG and NOW 7NEREFORE THIS AGREEMENT WI7NESSE7N, that in consideration of lhe sum of 52.00 now puid by each Party to the other, receipt of which by each is hcrcby acknowledged, the Perties hercto agree es follows: I. The Owner acknowledges and egrees: (a) ihat this Agreement may be registercd on litle by Pickering to Ihat part of Lot 18, Concession 1, Pickering, designated as Pert 1, pien 40R-12591 (hcreinaRer rcferted to es the "Development Lands"); (b) to develop the Development Lends in accordana with the conceptual "Site Plan Drewing" !!SD-19, dated May 1, 2000, av amended, which drawing has been approvcd by the Ciry's Director, Planning and Development; end (c) t�nt prior to the issuenco of a building pertnit Cor the Development I.ands, tho Owner must enter into the appropriate Site Plen Agreement, which agreemcnt must bc rogistered on title in order to obtain final site plan approval. 2. 'fhe Owner further acknowledges end agrces that it will bc required to: (a) enter into an appropriatc Working Easement wilh ihc City to provido eccesa to tha Ciry over its lands for tho purpmw of road consWction. Such m Eesement shall inolude m indemnity in fivour of lhe Owner for eny claima, acUons or damegw ariaing from tha City's prounco on the Owner's lands end its waks placed theceon; (b) pay tho Davelopment Cherga� eppliable for this proJect w6ich charge w(II ba in accotdu�ce with the CiryY. Dovelopment Cherge Bylew In exiatence at ihat dat� of euch �nent; 30 (c) obtain tho necessary epprovels for tho pertlei demolition and rcmoval of a portion of the structure curtently on tho Development Lends; end (d) prior to tha iasuance of building or demolition permits, provide en on•site TraftidConsWction Menngement Plm to tho satisfaction of tho City'a Dircctor, Planning end Development, utting out, but not Ilmited to, the following matters: (i) how lho Owuer herein proposes to direct ils demolition and/rr consWction lraflic to end from ihe sitc, including coordination with tha roalignment of Pi��ering Parkway for thc duration' of ib reconsWction; (ii) how tha Owner proposes to coordinate construction/demolition traflic with users of the site; (iii)how ttie Owner proposes to ensuro site saFcty through the use of hoarding, barriers, signage, e�c.; and (iv) how the Owner proposes to mnintain good housekeeping practices through the use of mudmats, etc. 3. Pickering agrces lhat upon Ihe regislration of lhis Agreement and rxeipt of all necessary approvals, it will commence the wnstruction of the rcalignment of Pickering Parkway. Once the realignment of Pickering Perkwey has becn complcted, lhe Owner agrces lo have Pickering effect tho conveyance of lhe following lands (hereinaDer referrcd to es the "Convcyance Lands"), Gce end clear of all encumbrnnces, and at no wst to Pickering: Part of Lot I8, Concession I Futurc Road and Reconveyance (Parts 4, 8 and 10, Plan 40R-15636) Purposes Part of Lot 18, Concession 1 �uture Road Purposes (Parts I, 2, 9 end i l, Plan 40R-XXXX) PertofLot IB, Concession 1 EasementPurposcs (Parts 6, 7, 8 nnd 10, Plen 40R-XXXX) 4. Following such conveyances to Pickering, Pickcring ugrecs to convcy to the Owner thc foilowing lends, subject to any easemcnts required in favor of the City, the Rcgion nnd/or the utility campanica and et no cost ta Pickering: Part of Lot 18, Conccssion I Fec Simplc 1'art 6, Plan 40R-15636, save and except Parts 2 and 9, Plan 40R-XXXX 5. The Owner heroby warrants that, upon such conveyences, neither the title to the Conveyena Lands nor thcir physical state and condition shall prevent Pickering trom lawfully or physically using lhe Convcyance Lands for the purpases for which they are being conveyed. 6. The Owner agrees t�nt, prior to the registration of Ihis Agreement i! shall provide to Pickering: (a) lhree (3) executed Transfers of the Conveyance Lands set out in section 3 ebove, in registrable form, frce and clearofall encumbrances; (b) a certificate of clear title from the Owner's Solicitor of the Conveyance Lnnds in a form satisfactory ta the Solicitor for Pickering; (c) satisfectory evidaice to lhe Director, Planning end Devclopment, lhat lhe nmounl of S880,000.00 has bcen paid in full by the Owner to thc Regional Municipnliry of Durham for works rcquircd to bc done by tha Region along Brock Road aa a result of the realignment; end (d) a certified cheque, made payable to The Corporation of the City of Pickering in Iho amounl of 5224,000 which emount reproscnts tha Owner's contribution towurds tho rolocation/rcalignmenl of Pickcring Parkway. 7. 'i'he Owner acknowledges and egrees that, in tha event the Actual Contract Cost to tho City (which cost shall be finelly detarmfned upon completion of tho conswct(on of tha rcalignmont of Pickering Perkway): (a) ta determined to be lowcr then the emount aet aut in eecHon 6(d), abovo, lhe City ag�ecs to roimburso to tho Owner the dfffe�enca botween the Actual Contrect Cost to the City and the 5224,000 provided purouent to Ihie Agreemont; or 2 • _ .._ ., . . . . ., . ;r'r _ 31 (b) excads tho emount provided for (n aectlon 6(d), abovo,lhe Owner agrae W psy to tho City, within 30 deys of betng invoiced therofor, the dilTerenco botwecn 1ho amount set out in aection 6(d) and ibe Actual Contract Cost to lho City. 8. IncludeJ within the works required to be done on the Devclopment Lands by the Owner, ihe Owner herein egraa : to install tho streetlighting, sidewalks and bouloverd works elong Drock Road a� a result of the realignment of Pickering Parkway and tha widening of lho east sido of Drock Rond. 'Ihe City shall pay W lhe Owner, (e) ninety per cent (90Yo) of Ihe reasonable costs of ihe instsllalion of works wherc, (i) a certificate or declaration of substentiel performence hes ban published; (ii) 45 days following such publication have expired; end (iii) all Iiens that may bo claimed against any holdback rcquired to be relained by the Citv have expired or have been satisfied, discharged or provided for by payment into court. (b) lhe balance of lhat cost, Icss any deductions for rectification oFdefciencies, where, (i) a letter tertninating the maintcnance period hes been issued by thc City of Pickering; and (ii) all liens that may be ciaimed ageinst any holdback rcquired to bo retained by ihc City ha�e expired or have been satisfied, discharged or provided Cor by pnyment into court. 9. Notwithstanding the generoliry oFsection 8 hercin, or of any other seclion of this Agrecment, (a) no amount shall be paid by ihe City to the Owner prior to lune 30, 2001; and (b) lhc total of lhe amount payable to ihc Owner by thc City shall not exccecl SI 17,000. 10. This Agrccment shall enurc to the benefit of end be binding upon tha Parties bereto and their respective succcssors and assigns, [N WI7NESS WHEREOF the PaAies hercin have hercunlo atlixed lheir respective corporate scals, attcsted to by the hends of their proper authoriud officen. SIGNED. SEALED & DELIVCRED THC CORPORA7'ION OF TEIG CI'fY OF PICKERING Wayne Arlhurs, Mayor Hruca Taylor, Cierk F1RST SIMCHA SHOPPIN(i CEN7RES LIMI7ED UWe have the euthority to bind tho wrporetion. '� . , vv�o9 _ , 3. ��}'' ' ---� _ : , . .� . .�,,. _: 32 ATTACHMENT#.�TOREPORT#�; op THB CORPORATION OF THE CITY OF PICKERINO BY-LAW N0. 5687/00 Being a by-!aw lo aufhorize 1he execu�fon oj a Worktng Easement between fhe City oJPlckering and Canadtan 77re Corporallon jor �he purposes oj conslrucftng on lhelr lands fhe porlion oj Plckering Par�Iivay , requfred jor reallgnmenl purposes. V✓HEREAS; pursuant to thc provisions of section 191(t) of the Munlclpal Act, RS.O. 1990, ct�apter M.45, ihe Council for The Co�pomtion of the City of Pickering may pass by-laws for acquiring any land or interest therein for the purpose of the Corporation; and NOW THEREFORE the Council of Thc Corporation of the City of Pickering HEREIIY ENACTS AS FOLLOWS: 1. The Mayor and Clerk ure hcrcby nuthoriud to execute u Working Eascment over cerian lunds, subject to the terms und conditions set out thercin and in a form sntisCactory to the Solicitor tor 1he City of Pickering. BY-LAW rcad a first, second nnd third time nnd finally passed this Sth dny ofJune, 2000. Wayne Anhurs, Mnyor Bruce Taylor, Clcrk :ti= � - - 's= i: . � F� �' � ._,s. . ,., ... .. . .. . ._ .,. ,.� . . , . ,