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HomeMy WebLinkAboutBy-law 4125/92 THE CORPORATION OF THE TOWN OF PICKERING B_Y-LAW NO. 4125/92 Being a by-law to authorize the execution of a Release of an Agreement respecting Lot 19, Plan 230, Pickering (N. Bigioni Matmgement Services Ltd./Hollow HoMings Limited). WHEREAS it is necessary to remove from title an Agreement among the Town of Picketing, N. Bigioni Management Setwices Ltd. and Hollow Holdings Limited dated December 19, 1988 and registered January 30, 1989 as Instrument No. D302416; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Release, in the form attached hereto as Schedule A, of an Agreement dated December 19, 1988 and registered January 30, 1989 as Instrument No. D302416 respecting Lot 19, Plan 230, Picketing. BY-LAW read a first, second and third time and finally passed this 7th day of December, 1992. WaynerA~s, Mayor y Brace Taylor, C~rk TOWN OF [ EE;~,L DEPT. REIJ~.ASE In consideration of the sum of Two Dollars ($2.00) paid to it, receipt of which is hereby by it acknowledged, THE CORPORATION OF THE TOWN OF PICKERING hereby releases and forever discharges N. BIGIONI MANAGEMENT SERVICES LTD. and HOLLOW HOLDINGS LIMITED their successors and assigns, of and from all claims, demands, damages, actions or causes of action which may have arisen, are arising, or may arise as a result of or in any way related to an Agreement dated December 19, 1988 and registered as Instrument No. D302416 on January 30, 1989, between THE CORPORATION OF THE TOWN OF PICKERING and N. BIGIONI MANAGEMENT SERVICES LTD. and HOLLOW HOLDINGS LIMITED concerning Lot 19, Plan 230, Picketing, save and except Part 7, Highway Plan 785. IN WITNESS WHEREOF The Corporation of the Town of Picketing has hereunto affixed its corporate seal attested by its properly authorized officers this 7th day of December, 1992. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arth~, Mayo~ Bmce Taylor, Clerk Page 2 of 9 pages THIS AGREEMENT made this 19th day of December, 1985. BETWEEN: N. BIGIONI MANAGEMENT SERVICES LTD. and HOLLOW HOLDINGS LIMITED hereinafter collectively 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 part of Lot 19, Plan ZS0, Picketing, in order that a light industrial or special purpose commercial building may be constructed thereon in accordance with the Town's By-law 3036, as amended; and WHEREAS pursuant to the provisions of the predecessor of section 40 of the Planning Act, 1983, S.O. 1983, chapter 1, the Council of The Corporation of the Town of Picketing enacted By-law 1079/80 on January 21st, 1980, designatin6 the whole of the area of the Town of Picketing as a site plan control area; NOW THEREFORE, THIS AGREEMENT WITNESSETH, 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 follow~: 1. LAND AFFECTED The ]and affected by this Agreement (the "Lands") is part of Lot 19, Plan 230, Picketing, save and except Part 7 on Highway Plan 785. 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. INTERPRETATION Whenever in this Agreement t,',. ,.~ ~'C',~ ,~:~'' or the pronoun 'il;~I iS used, the word or pronoun shall be read and construed as "Owner or Owners" or "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. 4. TIME Time shall be of the essence of this Agreement. ~'! Page 3 of 9 pages 5. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Owner and the Town and their respective heirs, executors, administrators, successors and assigns. 6. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, ail 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 (1) The Owner shall retain a Professional Engineer as the Consu]ting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the proj- ect. Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 8. ADJACENT SERVICES (1) The Owner shall construct, on road allowances and other lands where appropriate, the following municipal or other public works and services: (a) curbs and gutters; (b) sidewalks; (c) road widening; (d) boulevard improvements and landscaping; and (e) street lighting improvements. (2) All works and services required to be constructed by subsection (1) shall be constructed in accordance with the specifications of the Town, the Ministry of Trans?ortation of Ontario, or Picketing Hydro, as the case may be, and in conformity with this Agreement and the following plans and drawln=s prepared by Stewart Associates Inc.: Dwi..No. Dw[~. Title Last Revised (a) 1 Site Plan October 17, i988 (b) 3 Site Services September 4, 1988 9. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to the Lands, it shah be provided underground and in accordance with the standards and specifications of Pickerlng Hydro-Electric Commission, Pickering Cable T.V. Limited or Bell Canada, as the case may be. I0. INSPECTIONS (1) All works required to be constructed, reconstructed or repaired by the Owner, except those referred to in section 9, 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. (2) 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. Page 4 of 9 pages 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 and elsewhere. (2) The amount of the Policy shall be $5,000,000. (3) In the event any renewal premium ia not paid, the Town, in order to prevent the lapse of the 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 0 (4) The Owner shall notify the Town of the dates for the payment of the premium for the renewal of the policy and shall supply proof that the premium has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 12. PERFORMANCE & MAINTENANCE GUARANTEE (1) Prior to the registration of this Agreement, the Owner shall supply the Town with an 80% performance and maintenance security in a form satis- factory 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 and services referred to in section 8; (b) guaranteeing the payment of any amounts payable to the Town under section 10; (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) guara.uteeing all works, services, workmanship and materials for a period of 7 years from the date that the works and services are completed and such completion acknowledged, in writing, by the Town. (2) 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. (3) Upon written verification from the Director of Public Works that :he 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 Page 5 of 9 pages ' (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 ~co any deductions for rectification of deficiencies. (4) Upon the approval, if any, of a reduction in the amount of the security the Town Manager or the Town Treasurer shall pro.vide to the Owner any necessary assurance to effect the reduction. (5) Should the security expire during the term of this Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry dat~ of that security, a further security to take effect upon the expiry, which further security shall be to the satisfaction of the Town. (6) Should no further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as the further security. 13. 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 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 writin§ 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 o{ the said work at the cost and expense of the Owner or his surety, or both. (2) 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 Page 6 o£ 9 pages (4) It is understood and agreed that s.uch 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 section is one of the consid- erations without which the Town would not have executed this Agreement. 14. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) 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. (b) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debr/s on, nor to remove or permit to be removed, any fill from any public lands, without the written consent of the authority respon- sible 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. (c) 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 services 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. {d) Relocation of Services 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, (e) 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 maT' be designa- ted by the Director of Public Works. (f) Engineering Drawings Prior to the acceptance of the works, to supply the Town with the origi- nal drawings o£ the works, with amendments, if any, noted thereon. (g) S..urvey Monuments & Markers Prior to the acceptance of the works, to supply a statement by an Ontario Land Surveyor that, after the completion of the works, he has found or re-established all standard iron bars. Page ? of 9 pages 15. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building on the Lands until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service and until this Agreement has been registered. (Z) No building or part of a building on the Lands shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric service is completed and in.operation; (iii) A hard surface base has been laid on the road immediately in front of the building or part thereof and extended to an existing maintained public road; and (iv) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road and extend to an existing maintained public road. 16. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on the Lands as required by law from time to · time. (b) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (c) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of condominium or any other related documen- tation, including transfers, in the Land Titles Office. (d) Lien or Other Claims Upon applying for final acceptance of the works to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with work done or material supplied for or on behalf of the Owner in connection herewith or if such claims do exist, the Owner shall indemnify the Town against all claims, aotions or demands for liens or otherwise and all costs in connection therewith. 17. SITE PLAN/DEVELOPMENT CONTROL (1) No development, including redevelopment, shall be undertaken on the Lands except in conformity with this Agreement and with the following plans and drawings prepared by Stewart A~'-'ociates Inc. (herein collectively called the "Plans"): Page 8 of 9 pages Dwi. No. Dwg. Title Last Revised (a) 1 5gte Plan ' October 17, 1988 (b) 2 Plans and Elevations October 7, 1988 (c) 3 Site Services September 4, 1988 (2) The Owner shall maintain, in conformity with the Plans, to the Town's satisfaction and at the sole risk and expense of the Owner, all of the facilities and works that are both shown on the Plans and located on the Lands, and shall ensure the timely removal of snow from access ramps, driveways, parking and loading areas, and walkways. (3) For the purpose of guaranteeing the maintenance by the Owner for two years after installation of the facilities and works required to be main- tained under subsection (2), above, the Owner shall provide to the Town, prior to the issuance of a building permit for the first building to be erected on the Lands, a security in the form of an irrevocable letter of credit issued by a chartered bank in Canada in the amount of $7,000 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 facilities or works for that two year period to the Town's satisfaction. 18. TIME LIMITED FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (1) The Owner shall complete all works, services and requirements under this Agreement within eighteen months of the date of registration of this Agreement. (2) The Owner shall guarantee all works, workmanship and materials employed or used in the construction, installation or completion of all works, ser- vices and requirements under this Agreement for a period of two years from the date that the works, services and requirements are approved in writing by the Town. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals, attested by the hands of their authorized officers. SIGNED, SEALED & DELIVERED HOLLIWiHOLDINGS- THE CORPORATION OF THE TOWN OF PICKE.~,ING Mayor - ~//~/r~ forr-~rS '- Cl,.e,'z'k - Bruce Ta)flor/ 7 Page 9 o£ 9 pages ENCUMBRANCER - CENTRAL TRUST COMPANY. This Agreement shall have priority over and take precedence over ai~ of Central Trust Company's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at \-~5~,~'v~ this ~--~'~ day of~ SIGNED, SEALED & DELIVERED CENTRAL TRUST COMPANY