HomeMy WebLinkAboutBy-law 5686/00THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 5686/00
Being a by-law to authorize the acquisition of part
of Lot 18, Concession 1, Pickering, for road
purposes (Pickering Parkway) and the disposition
of part of Lot 18, Concession 1, Pickering, no
longer required for rnunicipal purposes.
WHEREAS, pursuant to the provisions of section 191(1) of the Municipal Act, R.S.O. 1990,
chapter M.45, the Council for The Corporation of the City of Pickering may pass by-laws for
acquiring any land or interest therein for the purpose of the Corporation; and
WHEREAS, the Corporation requires a part of Lot 18, Concession 1, Pickering, for road
purposes (Pickering Parkway realignment); and
WHEREAS, pursuant to the provisions of section 191(1) of the Municipal Act, the Council for
the Corporation may pass by-laws for disposing of land no longer required for the purposes of
the Corporation; and
WHEREAS, upon the realignment of Picketing Parkway, the Corporation will no longer require
a part of Lot 18, Concession 1, Pickering, presently owned by it, or to be acquired by it;
NOW THEREFORE the Council of The Corporation of the City of Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Land Exchange Agreement,
substantially in accordance with the form attached hereto as Schedule A, between First
Simcha Shopping Centres Limited ("First Professional") and The Corporation of the City
of Pickering to implement the acquisition and disposition of certain lands.
The Mayor and Clerk are hereby authorized to execute a Working Easement, over certain
lands, subject to the terms and conditions set out therein and in a form satisfactory to the
Solicitor for the City of Pickering.
The Mayor and Clerk are hereby authorized to execute Transfers of Easements over
certain lands, subject to the terms and conditions set out therein and in a form satisfactory
to the Solicitor for the City of Picketing.
BY-LAW read a first, second and third time and finally passed this 5th day of June, 2000.
RE9405
SCHEDULE A
THIS LAND EXCHANGE AND DEVELOPMENT AGREEMENT for the acquisition and disposition of lands made as
of May 15, 2000, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter M.45, section 191, and for the
development of certain lands pursuant to the Planning ~tct, R.S.O. 1990, chapter P. 13,
BETWEEN:
FIRST SIMCHA SHOPPING CENTRES LIMITED
herein called "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE CITY OF PICKERING
herein called "Pickering"
OF THE SECOND PART.
WHEREAS, the Owner is the registered owner, in fee simple, of that part of Lot 18, Concession 1, Pickering, designated
as Part 1, Plan 40R-12951; and
WHEREAS, Pickering is the registered owner of that part of Lot 18, Concession 1, Pickering, designated as Part 6, Plan
40R-15636; and
WHEREAS, the Owner wishes to redevelop that part of Lot 18, Concession 1, Pickering, designated as Part l, Plan 40R-
12951; and
WHEREAS, Pickering wishes to realign a portion of Pickering Parkway adjacent to the Owner's lands and wishes to
enter into .an Agreement with the Owner for the exchange of certain lands for such realignment; and
WHEREAS, the realignment and land exchange are supported by the Owner; and
WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter M.45, section 191, Pickering may
acquire lands for municipal purposes and dispose of same when no longer required; and
WHEREAS, Pickering Council passed Zoning By-law 5511/99 to permit redevelopment of Part 1, Plan 40R-12951; and
WHEREAS, Zoning By-law 5511/99 contains an (H)-Holding Symbol that cannot have a by-law passed lifting the (H)-
Holding Symbol until such time as the Owner of Part 1, Plan 40R-12951 has entered into an appropriate agreement with
the City respecting the realignment of Pickering Parkway, and the granting of conditional site plan approval by the
Director, Planning and Development; and
NOW THEREFORE THIS AGREEMENT WITNESSETH, that in consideration of the sum of $2.00 now paid by each
Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto agree as follows:
1. The Owner acknowledges and agrees:
(a)
that this Agreement may be registered on title by Pickering to that part of Lot 18, Concession l,
Pickering, designated as Part 1, Plan 40R-12591 (hereinafter referred to as the "Development Lands");
(b)
to develop the Development Lands in accordance with the conceptual "Site Plan Drawing" #SD-19,
dated May 1, 2000, as amended, which drawing has been approved by the City's
Director, Planning and Development; and
(c)
that prior to the issuance of a building permit for the Development Lands, the Owner must enter into the
appropriate Site Plan Agreement, which agreement must be registered on title in order to obtain final site
plan approval.
2. The Owner further acknowledges and agrees that it will be required to:
(a)
enter into an appropriate Working Easement with the City to provide access to the City over its lands for
the purposes of road construction. Such an Easement shall include an indemnity in favour of the Owner
for any claims, actions or damages arising from the City's presence on the Owner's lands and its works
placed thereon;
(b)
pay the Development Charges applicable for this project which charge will be in accordance with the
City's Development Charge By-law in existence at that date of such payment;
(c)
obtain the necessary approvals for the partial demolition and removal of a portion of the structure
currently on the Development Lands; and
(d)
prior to the issuance of building or demolition permits, provide an on-site Traffic/Construction
Management Plan to the satisfaction of the City's Director, Planning and Development, setting out, but
not limited to, the following matters:
(i) how the Owner herein proposes to direct its demolition and/or construction traffic to and from the
site, including coordination with the realignment of Pickering Parkway for the duration of its
reconstruction;
(ii) how the Owner proposes to coordinate construction/demolition traffic with users of the site;
(iii) how the Owner proposes to ensure site safety through the use of hoarding, barriers, signage, etc.; and
(iv) how the Owner proposes to maintain good housekeeping practices through the use of mudmats, etc.
Pickering agrees that upon the registration of this Agreement and receipt of all necessary approvals, it will
commence the construction of the realignment of Pickering Parkway. Once the realignment of Pickering
Parkway has been completed, the Owner agrees to have Pickering effect the conveyance of the following lands
(hereinafter referred to as the "Conveyance Lands"), free and clear of all encumbrances, and at no cost to
Pickering:
Part of Lot 18, Concession 1
(Parts 4, 8 and 10, Plan 40R-15636)
Future Road and Reconveyance
Purposes
Part of Lot 18, Concession 1
(Parts 1, 2, 9 and 11, Plan 40R-XXXX)
Future Road Purposes
Part of Lot 18, Concession 1
(Pans 6, 7, 8 and 10, Plan 40R-XXXX)
Easement Purposes
Following such conveyances to Pickering, Pickering agrees to convey to the Owner the following lands, subject
to any easements required in favor of the City, the Region and/or the utility companies and at no cost to
Picketing:
Part of Lot 18, Concession 1
Part 6, Plan 40R-15636, save and except
Parts 2 and 9, Plan 40R-XXXX
Fee Simple
The Owner hereby warrants that, upon such conveyances, neither the title to the Conveyance Lands nor their
physical state and condition shall prevent Pickering from lawfully or physically using the Conveyance Lands for
the purposes for which they are being conveyed.
The Owner agrees that, prior to the registration of this Agreement it shall provide to Pickering:
(a)
three (3) executed Transfers of the Conveyance Lands set out in section 3 above, in registrable form, free
and clear of all encumbrances;
(b)
a certificate of clear title from the Owner's Solicitor of the Conveyance Lands in a form satisfactory to
the Solicitor for Pickering;
(c)
satisfactory evidence to the Director, Planning and Development, that the amount of $880,000.00 has
been paid in full by the Owner to the Regional Municipality of Durham for works required to be done by
the Region along Brock Road as a result of the realignment; and
(d)
a certified cheque, made payable to The Corporation of the City of Pickering in the amount of $224,000
which amount represents the Owner's contribution towards the relocation/realignment of Picketing
Parkway.
The Owner acknowledges and agrees that, in the event the Actual Contract Cost to the City (which cost shall be
finally determined upon completion of the construction of the realignment of Pickering Parkway):
(a)
is determined to be lower than the amount set out in section 6(d), above, the City agrees to reimburse to
the Owner the difference between the Actual Contract Cost to the City and the $224,000 provided
pursuant to this Agreement; or
10.
(b) exceeds the amount provided for in section 6(d), above, the Owner agrees to pay to the City, within 30
days of being invoiced therefor, the difference between the amount set out in section 6(d) and the Actual
Contract Cost to the City.
Included within the works required to be done on the Development Lands by the Owner, the Owner herein agrees
to install the streetlighting, sidewalks and boulevard works along Brock Road as a result of the realignment of
Pickering Parkway and the widening of the east side of Brock Road. The City shall pay to the Owner,
(a) ninety per cent (90%) of the reasonable costs of the installation of works 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 City have expired
or have been satisfied, discharged or provided for by payment into court.
(b) the balance of that cost, less any deductions for rectification of deficiencies, where,
(i) a letter terminating the maintenance period has been issued by the City of Pickering; and
(ii) all liens that may be claimed against any holdback required to be retained by the City have expired
or have been satisfied, discharged or provided for by payment into court.
Notwithstanding the generality of section 8 herein, or of any other section of this Agreement,
(a) no amount shall be paid by the City to the Owner prior to June 30, 2001; and
(b) the total of the amount payable to the Owner by the City shall not exceed $117,000.
This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF the Parties herein have hereunto affixed their respective corporate seals, attested to by the
hands of their proper authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE CITY OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
FIRST SIMCHA SHOPPING CENTRES LIMITED
I/We have the authority to bind the corporation.
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