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HomeMy WebLinkAboutBy-law 2958/88THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2958 /88 Being a by-law to authorize the execution of a Development Agreement between Gazarek Realty Holdings Ltd. and The Corporation of the Town of Pickering, respecting the development of Part Lots 25 and 26, Concession 1; Part of the Road Allowance between Concession 1 and Range 3, Broken Front Concession; Part of Lots 25 and 26, Range 3, Broken Front Concession, Pickering (Parts 1-12, Plan 40R-11387) (A 54/87, S38/88)• WHEREAS, as a condition of the approval pursuant to section 34 of the Planning Act, 1983, S.O. 1983, chapter 1, of Rezoning Application A54/87 by the Town, the Owner of Part Lots 25 and 26, Concession 1; Part of the Road Allowance between Concession 1 and Range 3, Broken Front Concession; and Part of Lots 25 and 26, Range 3, Broken Front Concession, Pickering, (Parts 1-12, Plan 40R-11387) is required to enter into an appropriate Development Agreement with the Town; WHEREAS, pursuant to the provisions of the predecessor of section 40 of that Act, the Council of The Corporation of the Town of Pickering enacted By-law 1079/80 on January 21, 1980, designating the whole of the area of the Town of Pickering as a site plan control area; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Development Agree- �� ment in the form attached hereto as Schedule A, respecting the development of � part of Lots 25 and 26, Concession 1; Part of the Road Allowance between Concession 1 and Range 3, Broken Front Concession; and Part of Lots ZS and 26, Range 3. Broken Front Concession, Pickering (Parts 1-1Z, Plan 40R-11387) (Gazarek Realty Holdings Ltd.; A 54/87; S 38/88). BY-LAW read a first, second and third time and finally passed this ZBth day of Novenber , 1988. ay r- G GaG�a� II�II �� 1 i / � � i 6 / �I er c- ruce ' or II T04VN OF PICKEI2�NG A?PROUED ^ TO F RM LE:AL D'cPT. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2958 /88 Being a by-law to authorize the execution of a Development Agreement between Gazarek Realty Holdings Ltd. and The Corporation of the Town of Pickering, respecting the development of Part Lots 25 and 26, Concession 1; Part of the Road Allowance between Concession 1 and Range 3, Broken Front Concession; Part of Lots 25 and 26, Range 3, Broken Front Concession, Pickering (Parts 1-12, Plan 40R-11387) (A 54/87, S38/88). WHEREAS, as a condition of the approval pursuant to section 34 of the Planning Act, 1983, S.O. 1983, chapter 1, of Rezoning Application A54/87 by the Town, the Owner of Part Lots 25 and 26, Concession 1; Part of the Road Allowance between Concession 1 and Range 3, Broken Front Concession; and Part of Lots 25 and 26, Range 3, Broken Front Concession, Pickering, (Parts 1-12, Plan 40R-11387) is required to enter into an appropriate Development Agreement with the Town; WHEREAS, pursuant to the provisions of the predecessor of section 40 of that Act, the Council of The Corporation of the Town of Pickering enacted By-law 1079/80 on January 21, 1980, designating the whole of the area of the Town of Pickering as a site plan control area; NOW THEREFORE, the Council of The Corporation of the Town of Pickering EiEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Development Agree- ment in the form attached hereto as Schedule A, respecting the development of part of Lots 25 and 26, Concession 1; Part of the Road Allowance between Concession 1 and Range 3, Broken Front Concession; and Part of Lots 25 and 26. Range 3, Broken Front Concession, Pickering (Parts 1-12, Plan 40R-11387) (Gazarek Realty Holdings Ltd.; A 54/87; S 38/88). BY-LAW read a first, second and third time and finally passed this 28th day of IVovenber , 1988. G �i�i"""�` Mayr- �;:� � � �� � � � Cler� T lor rowN o�= �icr,er;�rve A'r`?I�Ut�[� S TO.FO�Zh IE;dF�I L?l'�T. Schedule A THIS AGRI.EMENT made this 23tn c:ay of November, 1988. B E T W E E N: GAZAREK FEALTY EfOLDINGS LTD. hereinafter ca:led the "Owner" OF TH� FIRST °A3T, - and - THr CORPOP.ATION OF TIZ� T06VN OF YIC=:nRING hereinaiter ca;ied the "Town" CI' THE SECO":� ?f�3T. WHER�AS t`ie Owner proposes to �evelop Par± of Lots _'S a- �? 26, Concessic�: '; °art of the Road Allowance between Concessien 1 and Rang�.� 3, �•roken Front Concession; and Part of Lots 25 and 26, Range �, Bro:cen Front Concerr �n, Pickerin�, '_n order that a commercial buiiding er buiicirgs may be cor.s!ruc'�d +,�ereon in accorder.ce with the Town's 3y-1aw 3036, as amer.ded, fn±er ai�.a, by By-law �,�i'3/S"; and �V'i�R�AS r�urs�ant to the provisions o` the prec:ecessor of ���ction 40 of t':e ?:_n:ing Act, 1983, S.O. 1983, chanter l, t'�e Ceuncil o.' The Cc -ora±ion of t:,-• "_�: n of Pic:cering enacted By-law 1079/80 on �anuary 21st, 1950, cc�'�nated the �c'::eie c? the area of the Town of Pickering as a site p:an con:rel area; NOW THERLFORE, THIS AGREE�9L,NT 4VITN�SSET?:, that in cons:dera?ion o: t::e Town approving the proposed development, and !he covenants hereinafter expressed, the Parties hereto covenant and aoree one wi*h the other as fol'_o•.vs: 1. LAND AFFECTED 2 3 � The lands affected �y this Agreement (?he "�.ands") ... c those oarts o' _L .__ 25 ar.d 26, Concession 1; Par± of the Road Al'.owance bc'.�.veen Conce"-'_o^ . and Range 3, Broken Froa' Concess:on; and Part of I�^`s 25 and 26, °.����Te 3, Broken Front Concession, Pickering, designated �� Parts I to :', both incl��:�ive, P1an 40R-L=47, NO:'IG5 Any r.otice required to be given he:ecnder may be :ven by reg:stcre� mai] addressed to the other °arty at its principal nlace c� business and si�z'.: be e.`fective as of the second day immediately foliowin� t'�e date of :he cep�sit thereof in the Post Off;ce. INTER°RETATION Whenever in this Agreement the word "O�oner" or the prcnoun "it" is used, the word or pronoun shall be read and construed as "Owner or Owners" er "it" , "his", "her" or "them", respectively, and the num'�er of the verb ab�eeing therewith shall be construed accordingly. TIME Time shall be of the essence of this Agreement. 5 � BINDING PARTIES This Agreement and everything herein contained shail enur� to the hen�`it of and be binding upon the Owner and the Town a:.d their respective :�eirs, executors, administrators, successors and assigns. OWNER'S GENERAL UNDrRTAKING The Owner shall complete at its own expense and ia a gooc workmanli'.ce man- ner, for the Town, all the municipal services as hereinafter set for±h to the satisfaction of the Town of Yickering, and shall cemplete, perform or make payment for such other matters as may be provided for here-n. 7. CONSULTING ��'GINEERS � L'� 10. (:) The Owner shali retain a°rofessional Engineer zs the Censulting rn�ineer of the Owner to carry out all the necessary en^ineeria;; and to sr�°rvise �enerally the work �equ_red to be done for the developmen? e` the project. (2) Such Consu:ting �ngineer, or any retained unti; the �,vork provided forma:ly accen:ed '.:y the Town. ADSAC?:NT S�F.V?C�S successor rh�_-eto, e`.:all contiat.e *_o be for ir. tliis [��reemeet is comple`e:: and (1) The Owner shall constrnct, on rord a11o�.vanc� and o`:ier lancs a�here appropria:e, the fo"�.vir.g municina? or o;her p_�`::ic wor'cs and �__ r_ces: (a) (b) (c) (d) (e) (f) ig) s*.orm water drainage and mane.gement �:�+em; curbs ane gu±ter=; sidewai::; driveway entrances serving *_he �ands; road improvements and widenings; boulevard grading and sodding; and stree! lighting improvements. (2) All works and services required to be construc'.ed by =��ibsection ; i) shall be constructed in accordance with ±'�e speci`�cations o` the "''ecr., the Ministry of Transportation of Ontario, or P;c':ering ?!vdro, as the case may be, in conformity with the Agreement and ?'�,e fo;lowir.� drawin;: Dwg. No (a) 1'L P_w�. Title SiYe ^lan prepared by Inducon Consui'.ants of Car.c:c'.a �'_'. ELF,C1'RICAL SERV?CSS Lc�t Rev:,=„c' (projec: �7687`� Where electricity, ca'o:e televison service or te_ephoi_c servic� ?s to ba provided to the Lands, it snall be provided under�round aad in acccrdance ��,:"z the standards and specifications o: °icicering ?Iydro-Flec.ric Cor.�mission, °ic':�ring Cable T.V. Limited or Beii Canada, as the case may �e. INSPLCTIONS (1) All worlcs required to be constructed, reconstx•ucted or repaired by the Owner, escept those referreu 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 wi�'zin 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 :nspectors, testing :ees and ac'minis- tration fees. Z 11. LIAL�ILITY INSURANC� (1) Before commencing any of the work provided for herein, :he Owner shal] supply the Town with a Liabi:ity Insurance Policy in form satisfactory to the Town, naming the Town as an insured an�? indemnifying the Town from any loss arising from claims for damages, injury or otherw'_se in connection with the work done by or on beha'_f oi !he Owner on the Lands and elsewhere. • (2) The amount of the Policy shall be �5,000,000. (3) :n the event any renewal premium is not paid, �he Town, in orc'.er to prevent the lapse of the Liability Insurance Po'.icy, may pay the renewal nremium or premiums and the Owner s'�all pay the cost of such renewal ar renewals within 30 days of' the account therefor beir.� rendered by the Town. !4) The Owner shall notify the Town of the dates :or the payment of the premium for the renewa: of the policy and shaL' supply proof tha± the premium has been paid in order tha*_ the pro`e�tion provided by the Liability Insurance Policy shall not lapse. 12. P�Ri'ORMAI��CE & MAI?�ITENANC� GUARANTEr (1) Yrior to the registra±ion e�. this Agreemen', *_h� Cwner shall supp:y the Towa with an 80° oer:ormance and mai�:tenar _� securi`y in �. Form satisfactory to the Town and in an amoun`. csta',�.i.<,'_ed by '.he Direc`.or of Public Works ;the "origir.al va:ue") fer *.he p�urpos� of, !a) guaranteeing the satisfactory constructe�., `astaL'a�.'.ion or nc-rfor- mance of the wor'_<s and services referre� _- in section 8; (b) ouaranteeing ±he pay!nent of any amouc`. payab:e to the Town under sectior_ 10; (c) guaranteeing the payment of ar.y amount `i:at the Town m�y be required to pay under the provisions o.`. the Construction Lien Act, 1983, and (d) guaranteeing all works, services, workmr.:s'nip and materials for a period of 2 y�ars from the date that th� ,vorks zr.d services are completed and such completion acknow?ec'-�zd, in �.vritinp, b; the Town. (2) The Owner may, at any t_me after the :irst 50°, va'.ue, of works have been constructed, insta':ed or perf.ormed, anc �`�l for, apply for a reduction in ±!�e security and such a.pp'.ication sl::.: oe trc:�':e to the ':own Treasurer. (3) L?pon written ve:-ificatien from the Director o` �_�-blic "orks th;° tne construction, ins°al�atio : or oerforrnance of tne �v-: r'cs for .�hich reciuction is being sought have oeen satisfactori',y complete-: and paid for, the Town bfanager enay reduce the amount of the secur;`;� `o an amount no` less than, (a) (b) sixty per cent (60$) of the or_�inal value v:here no certi`_icate or decIaration of substantial performance :�as `�een mac'e; thirty-five per cent (350) of :he original va:�ie where, (i) (ii) a certificate or decla�ation of suSstaatial performance has been pub:ished; 45 days fo'.:owing such publication '.:ave es�ired; and (iii) a'.1 liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, 4_�charged or provided for by Pay- ment into court; ' 3 13. and (c) seventeen per cent (17$) of tne original v�'ae where, (i) (ii) a certificate of. fival com�letion ':as been made by the Owner's Consulting En�:^eer; 45 days following the making of such certifica±c ::ave eapired; and (iii) a?1 liens that may 5e c!aimed requared to be retaired by the have been satisfied, c'.isc?iarged men± ir.*o court; against any h.oidback '�own have expired or or provided for hy oay- w hich seventeen per ce�t (17�) portion shall secure the guarantee of works, workmanship and ma2eria'.s, un:il thc ob:igation to guarantee has expired, when thr_ balance o: the secc-i±y s^all 5c returned to the O.vner subject to any deduct?ons fo: rectl[;cation of defic'�ncies. (�i) Upon the approva'_, if any , of a i�ednc'.ion '_n thc• zr_�ount of the �c_.rity :he "_'oc;n .^."anagez� o_� t'.ze Town Treasttre: s!:all arovide to the Ow^er any necessary ass��rar.ce *.e e`iec! t'�e rec'uction. (5) Should the secu:ity e_�:oire curin,g _i:e _crm �` thi; A�reement, the Owner shall provide to tFie ='ov✓n at ;eas: '_•`� days '� zd�r.�.nce of the expiry date of that seccri.ty, a f�_tr*_her seeurity to �ake :�_`ert �,�pon the e�:piry, which further security sh�.': be +.o !!�e sa!is:;:c,'.on 'iie 'o�vn. (G) Should no furt;�er secerity be ureviced as - �q�ire �, then the To�v.^. shall have the right ±o coaver: the expirin,� sec_ir.:y '-:to cash and hc-d the cash :n :ieu of and `or ?`.ic .,e.me purpeses ae tl.e �_-ther secur:ty. INCO:A7PT ET�D OR FAULTY WORY (1) If, in the opinion of the Direc*.or of Pubiic 1:'or'._s, the Owner is not prosecuting or causing to be prosecuted the vaork in connection wi''. this Agreement within `he specified time, ar in erder ±' :it it may be com�'eted withia the specified *ime, or is improneriy perforr ing the wor'.c, c� shall the Owner neglect or abancon it Sefore the comp' -tion, or unreascnably delay the same so 'hat t�e condi±ions oF t'.�is Agrec neiit are bein� �..�'_ated or carelessly execu'�d, or in bad faith, or siiaii the Owner negl^ct ar refuse to renew� ur again perform secli wm-lc as c�ay be rejected �; the Director of Pub;ic 6tie:.L-s as de:ective or unsuitable, or shall the O��ner in any other manner, in :he ooinior. o* tl:e D':rector of °ub:ic Works, make default in performance o.` ti�e terms of ?'�is A�reem�nt, then in ar.-r such case, the saic' '_`:rector. of ?ubiic C;or'..s shaL' nrc--�*.ly notify the �^ner and his surety :.. �vi•it;ng of scc_n cef��u',t or n^�:e- _ ar.d :f such ne`_i!ica- tion be without effect wi`nin '0 ciear days t.`!er �__ch notice, then i� t?�at case, the Directo:- c.` PubLc ?'v'or_cs .�_.ail the -eupe . have ful: authot�i'y to uurchase suc'^ rna'eria's, :oo's and mac:i::iery aau '_� emp'_oy such workmen as in his opir.?.en sh�'_l 'oe required for ±'�e �rooer comple±ion of t: � said work at the cost an� exnense o� the Cwner or �is snrety, or both. �Z) (3) In cases of emergeecy, in the oninien o.` t4e Dircctor of Public �Vorks, such work may be done without pr_or norice b:�± the Owner s'.:all be forthwi±h notifiec'. The cost of such work shall be ca:culatec'. bv the Director of Public Works w:zuse dec:sion shall be final. (4) It is understood and agreed that such cos's aha'.'. include a mar.aoement fee of twenty per ce:i: (20°>) o: the labcur and r�aterial value, e.nd fur- ther, a fee of tnirty per ce�rt (3Co) of t:ie value _'or the dislocat:on and inconvenience caused to z`ie Towa as a resu:: of s� ch default on ;he part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the ob'_igations imposed by this section is one of the consid- erations without which the Town wou'.d not have exe�uted this Agreement. n 14 15 GENERt1L PROVISIONS - SERV?CES The Owner agrees with the Town: (a) (b) (c) (d) (e) (f) ig) Continuation of Existing Services Where the construction of services herein �nvolve$ a contiruation to existing services, to ;oin into the same, incl�_tding adiustmen! of �rades where necessary, in a good and workman:iIce r.:anner. Yublic Lands - Fi12 & llebris (i) Neither to dump nor ?o Permit to be dumpec', any fi!'. cr de6ris on, nor *_o remove or permiY to be removed, any fi;. irom any public lands, without the written consent oi t:ze authori+y respon- sible for such ]ands. (ii) On reauest, to supply the Town wi`h aa ac'_cnowledgement from such authority of t:e Owner's como' _a�ce witiz the terms of sub- clause (i). !iii) That there shall 5e no burning o`_ refusc or debr:s ���on the Lands or any puUlic ?ands. Qualitative or (Zua!iti!a`ive Tests The Direc!or of ?�blic lVorks may have qua':'a?ive or quaniitative tests made of any materials which have been or are -�r000sc� to be �sed in the construction o'_ any ser1�_ces reqeired by th's �igreement, and t'�e cost of such tests shall be paid Sy the Owner w:._�in 3C� c-.-,�s of :ne account beins rendered 'oy the Town. Kelocation of Services To pay the cost of re!ocating any existing sa°vices ar.c'- utili?ies c..used by the works within 30 days of the account for same be�:ng rendered by the Town. Temporary Signs To provide and erect at its own cost, to the specific�'.ions of tre Town, temporary s3gns of such nature and at suci7 '_ocatians as may be ciesigna- Ted by the Director o� Pub:ic Works. En,ineering Drawin�s Prior to the accentance of ±he �vorks, ±o snp;�ty the "'own �vith tae ori�i- na: drawings of the caorks, wit?� armenc'ments, ?S any, -_oted thereon. Survey �9ox�u�nents & \;lricers Prior to the accep*.ance of the v,orks, to sep;�'_� a stater.zent by an Ontario I.and Surveyor ±hat, after tl:e comple±iou vi t'.ie wor;:s, he has found or re-es±ablished al: standard iron bars. CONSTFUCTIOtV & OCC�PA^�CY 05 Bli_LDINGS (1) No building permit shall be issued for any building or part of a building ov !he Lands until sewer and water facilities are available, and in the opinion of the Director of F'ublic V�orKS, caoable ef providing adequate service and unti'. th;s A,�,ree^ien: has been reoistered, ia) (3) No building or part of a buildins� on the Lands shall be occupied except upon the issuance of a municipal occapancy permit. No application for a municipal occunancy permit for a building o;- part of a building sha:l be made exceot upon the :ollo�ving conditions; 5 16 Ifl7 (i) (ii) ! iii ) Storm sewer, sanitary sewer and water `_>.c`'i.'__es are ins*alled and in operation to adeouately serve such buildi�:� or part ±hereof; Electric service is comnleted and in opera'?e��; A hard surface Uase has been laid on `.'�e road imr.�::iately in front of the building or part thereof and ex`ended to an existing ma;ntained public road; a..1 (iv) Such curbs, are required structed on pubiic road. as in the onir.ior of the '_�ir^ctor of Pu�iic Works, to be compieted prior to ecc��inancy have been con- the said roac'. and extend '.o an existinj maintained GENLRAL PROVISIO^�S - F?NANCIAL [viATT�3S The O�vner agrees with the Town: (a! Taxes To pay tlie ta�es ii: fu�l cn "iie �ands as recuired by law iro•n time to time. (b) Ir.terest (c) (d) To pay in±erest at the rate of ei�hteen per cent (18�) per ann��m to the Town on all =ums of :r�oney payable hcrein �.vhich are not paid on the due d'a*_es ca'.culated from such c'ue da'es. Re�istration !'ees To pay a'1 reoistration costs incurr^_d by the *he registratzon of t'iie pian of cordomininm o. tation, includino transfers, in the :.anc '?'it'_es Lien or Other Claims _., vn re'_ating in ,. �;� way to a�v ethe�• re;atec'. c'.oce--�en- Y Of�ice. Upon applying for fina; acceptance of *.he works to sunply the ; ewn with a Statutory Declaratioa that all accounts for work anu materia'.s 'uve been paid, except normal guarantee hcldbacks, ane there are no c'aims for liens or otherwise in connection with work done or ma.ter;al s�.i�. �lied for or on behalf of t?ie Owner ia connect_on here�.vith or if such c'.aims do exist, the �wner shall indemnify the iown aoa.inst a;i clair,s, actions or demands for iiens or otherwise and al'_ costs in conncct_,-� ther��.vicn. S1T1: Yi.AN/DEVELOP�1r•:S^_' GO\'�'RO`_.. (1) No developrment, inciucing rec'.eve'.op�nent, shz_i1 be t-�iderta:cer on the I,ands except in conformity with this �lgreement and ���ith t?:e following plans and urawings (?ierein ccllec'ively cailed *.'.�e Ylans"): (a) ��) (c) (d) (e) (f) �b) ih) Dwg/Proiect ?�o. 1Z/27687 2Z/27637 3Z/27687 4Z/31087 5Z/29587 6Z/27687 L-1/27687 L-2/27687 Dwo, Ti*.le S:±e Y'.an View & F,cor plans �ievations Fioor P;ans Floor Plans Profiies Landscape Plan Landscape Details prepared by Inducon Consttltan*_s of Car.ada Lte. 6 Last Rev:son (2) The Owner shall maintain, in conformity wi*_h 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 sha!1 ensure the timely removal of snow from access ramps, driveways, parking and loading areas, and walkways. (3) For the purpose of guaranteei�ig the maintenance by the Owner for two years after installation of the facilities and w�rks required to be main- tained under subsection (2) , above', the Cwner shall provide to the Town, prior to the issuance of a building permit for the first dwelling unit 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 $ which security may be drawn upon by the Town in svch amounts, and at such times as the Town, in its sole ciscretion, deems advisable, should the Owner fail to maintain the facil:ties or works for that two year period to the Town's satisfaction. 18. TI69E LIMITED FOR NCRK & GDARANTEE FO'_: 4UORKti:ANSII?P & 67ATERIALS (1) 'Ihe Owner shai'. comp?ete all works, s�rvices and reqeirements under this Agreement within eighteen months o` �he date of registration of this Agreement. (L) The Owner shall guarar.tee all works, workmanship and materials employed or used in the construction, ir.stallation or completion of all worlcs, ser- vices and requirements under this Agreem�nt for a period of two years from the date tha* the works, services and require ments are approved in writing by the Toam. IN WITNESS �VHGFEOF, tlie parties nereto have nereunto affixed !heir corporate seals, attested by the hands of their authorized office,rs. SIGNLll, S1:AL.�D & D�LIV�I2ED GA'LAREK REALTY HOI.D?�US LTD. T`]E CORPORAT?ON OF '1'IIL T064N Or P?CKEP.ING .iohn '�. Anderson, �9apor ruce 7