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HomeMy WebLinkAboutBy-law 2252/86THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 225286 Being a by-law to authorize the execution of a Development Agreement respecting Part Lot 29, Range 3, B.F.C., Picketing (Sam Sorbara, in trust; S6/86) WHEREAS, as a condition of the approval of Site Plan Proposal S6/86, the owner of Part Lot 29, Range 3, B.F.C., Picketing, is required to enter into an appropriate Development Agreement; NOW THEREFORE, the Council of the Corporation of the Town of Picketing ttEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Development Agreement in the form attached hereto as Schedule A, respecting the develop- ment of Part Lot 29, Range 3, B.F.C., Picketing (Sam Sorbara, in trust: S6/86). BY-LAW read a first, second and third time and finally passed this 16th day of June, 1986. John E. Anderson, Mayor Bruce xaylor, ~]~ d TOWN OF PICKERING APPRO¥ .D LEGAL DEPT. SCHEDULE A to, By-law 2252/86 TtIIS AGREEMENT made this §th day of June, 1986, BETWEEN: SAM SORBARA, in trust hereinafter called the "Owner~ OF TIlE FIRST PART, - and - TIlE CORPORATION OF TIlE TOWN OF PICKER1NG hereinafter called the "Town" OF THE SECOND PART, WItEREAS the Owner proposes to develop Part Lot 29, Range 3, Broken Front Conces- sion in the Town of Pickering in the Regional Municipality of Durham, (S6/86); NOW THEREFORE, THIS AGREEMENT ~qlTNESSETII, 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 follows: PART 1 - PROPERTY DESCRIPTION 1. LAND AFFECTED The lands affected by this Agreement (the "Lands") is that part of Lot Range 3, Broken Front Concession, Picketing, designated as Parts 2 and Plan 40R-6753. PART 2 - GENERAL PROVISIONS 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 iii the Post Office. 3. INTERPRETATION Whenever in this Agreement the word "Owner" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shall enure to the and be binding upon the Parties hereto, their successors and assigns. benefit of PART 3 - SERVICES 6. OWNERSS GENERAL [INDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all 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 (i) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done by this Agreement. Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work is completed and formally accepted by the Town, 8. BOULEVARDS (1) The Owner shall construct a boulevard on the south aide of Kingston Road from White's Road to a point opposite the northerly extension of the west boundary of the Lands, a distance of approximately 264 metres, (2) (3) (4) according to the Town's specifications for boulevard grading and sodding in effect at the date hereo{. Until approval by the Town, the Owner shall maintain and repair Kingston Road where construction has taken place and keep it clear of dust, refuse, rubbish or other litter of all types. The Owner shall erect and maintain adequate signs to warn all persons using Kingston Road that construction work is underway. Such signs and the location thereof are subiect to the approval of the Town's Director of Public Works. SIDEWALKS The Owner shall construct a sidewalk on the south side of Kingston Road from White*s Road to a point opposite the northerly extension of the west boundary of the Lands, a distance of approximately 264 metres, according to the Town's specifications for street sidewalks in effect at the date hereof. 10. INSPECTIONS All works required to be constructed by the Owner, 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. (z) 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. 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, on adjacent road allowances and elsewhere. (2) The amount of the Policy shall be $5,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such 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. (4) It shall be the responsibility of the Owner to notify the Town of the dates {or the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 12. PERFORMANCE & MAINTENANCE GUARANTEE (l) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (~) (3) (~) (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to tbe Town under section 13 of this Agreement; (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) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. 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. Upon written verification from the Director of Public Works that the 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 (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 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 the Owner any necessary assurance to effect the reduction. 4 13, GRADING CONTROL PLAN The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the Lands, with a Grading Control Plan prepared by the Owner's Consult- ing Engineer, establishing the proposed grading of the Lands to provide for the proper drainage thereof and the drainage of all adiacent lands which drain through the Lands. The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement and is subject to the approval of the Director of Public Works. (3) The grading of all lands shall be carried out by the Owner in accordance with the Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (4) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. 14. STORM DRAINAGE SYSTEM (l) The Owner shall construct a complete storm system to service all the Lands and to provide capacity for the lands upstream thereof according to designs approved by the Town's Director of Public Works and according to the specifications of the Town in effect at the date hereof. Such system shall be constructed to an outlet or outlets according to designs approved by the Birector of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the Lands affected hereby sufficient to service the Lands and to provide capacity for the lands upstream thereof. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the Lands, the Owner may be required to carry out such works as are necessary to provide an adequate outlet. (4) The Town may connect or authorize connection into any part of the system outside the Lands but such connection shall not constitute accep- tance of the system by the Town. 15. INGOMPLETED 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 writing 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 of the said work at the cost and expense of the Owner or his surety, or both. (2) (3) (4) 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. The cost of such work shall be calculated by the Director of Public Works whose decision shall be 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 the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by lhe Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 16, GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the travelled portion of Kingston Road and the sidewalk to be constructed hereunder. (b) Gontinuation of Existing 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. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, other than in the actual construction of roads, without the written consent of the authority responsible 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. (d) Oualitative 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 works 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. (e) Relocation of Services (i) 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. (ii) Similarly to pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (f) .S. pecificattons Unless otherwise provided, is perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (g) Temporary To 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. (b) Permanent Si[~ n s. (i) To 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 h}orks. En~ineerin~ Drawinl~s Prior to the final acceptance of the works, to supply the Town with the original drawings thereof, with amendments, if any, noted thereon. 17. CASII-IN-LIEU OF OTttER SERVICES Prior to the issuance of the first building permit to be issued after the date hereof with respect to the lands affected hereby, the Owner of the lands shall pay to tim Town the sum of $13,855 as its contribution to the Town's cost of boulevard improvements, sidewalks and storm drainage works adjacent to or in the vicinity of the lands affected hereby. PART 4 - SITE PLAN CONTROL 18. (1) No development, including redevelopment, shall be undertaken on the Lands until, (a) plans showing the location of all buildings and structures existing or to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under subsection (2), and (b) drawings showing plan, elevation and cross-section views for each industrial and commercial building to be erected which drawings shall be sufficient to display, (i) the massing and conceptual design of the proposed build- ing; (ii) the relationship of the proposed buildings to adjacent buildings, streets and exterior areas to which members of tbe public have access; and (iii) the provision of interior walkways, stairs and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings, have been submitted to the Town and approved hy the Town's Director of Planning. As a condition to the approval of the plans and drawings referred to in subsection (1), the Town may require the Owner to provide to the satis- faction of and at no expeuse to the Town any or all of the following: 7 (~) (4) (5) (6) (a) facilities to provide access to and from the Lands, such as access ramps, curbs and traffic direction signs; off-street vehicular loading and parking facilities, covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways; (c) walkways, including the surfacing thereof, and all other means of pedestrian access; (d) facilities for the lighting, including floodlighting of the Lands or of any buildings or structures thereon; (e) walls, fences, hedges, trees, shrubs, or other groundcover or facilities for the landscaping of the Lands or the protection of the adjoining lands; (f) vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste mater- ial; (g) easements conveyed to the Town for the construction, maintenance or improvement of watercourses, ditches and land drainage works on the I.ands; and (h) lot grading scheme showing all grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the Lands and from any buildings or structures thereon. As a further condition to the approval of the said plans and drawings, the Town may require the Owner to maintain, to the Town's satisfaction and at the sole risk and expense of the Owner, any or all of the facilities or works mentioned in clauses (a) to (h), inclusive, of subsection including the removal of snow from access ramps and driveways, parking and loading areas and walkways. For the purpose of guaranteeing the maintenance, by the Owner, of any works and facilities required to be maintained pursuant to a condition of approval imposed under subsection (3), tbs Town may require the Owner to provide, prior to the issuance of a building permit, security in the form of an irrevocable letter of credit issued by a chartered bank in Canada in an amount and for a term determined by the Town, 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 tim Owner fail to maintain the said facilities or works to the Town's satisfac- tion. Upon approval by the Town's Director of Planning of the plans and drawings referred to in subsection (1), the proposed buildings, struc- tures, facilities and works shall be erected, constructed, installed and maintained in conformance with the said plans and drawings, as approved. If erection, construction or installation has not commenced within one year of the date of approval of the plans and drawings referred to in sub- section (1), the approval shall become null and void and the plans and drawings must be resubmitted for approval prior to any erection, con- struction or installation commencing. 19. FUTURE CONTRIBUTIONS TO OVERSIZING COSTS In the event that the storm drainage system required by tbs Town to be constructed by the Owner pursuant to the provisions of section 14 of this Agreement is to be of a larger capacity, in whole or in part, than neces- sary to service all the Lands then the provisions of this section shall al)ply. (3) (4) (5) Within 60 days of the acknowledgement, by the Town's Director of Public Works, of the completion of the storm drainage system, or any part thereof, as the case may be, as provided for in section 14 of this Agree- ment. the Owner% consulting engineer shall provide to the Town, in a form satisfactory to the Town, (a) a detailed summary of the Owner% actual cost of the design and construction of the required storm drainage system, excluding lateral connections; and (b) a detailed estimate of the Owner's probable cost of the design and construction of the said system, excluding lateral connections, had the system been required by the Town to service the [.ands only. Within 30 days of the receipt by the Town of the summary and estimate referred to in subsection (2), in a form satisfactory to the Town, the Town Manager shall determine and notify the Owner in writing of the following: (a) the area of the lands outside the Lands. if any, that the storm drainage system shall be deemed to service for the purposes of this section (the "external lands")l (b) the portion of the Owner's actual cost, referred to in subsection {2), that the Town shall deem to be applicable to the external lands for the purposes of this section (the "oversizing cost"); and (c) the amount of the oversizing cost that the Town shall deem to be applicable to each hectare of the external lands (the "per hectare oversizing cost"), and that determination shall be final. In the event that the external lands, or any part thereof, are to be developed by plan of subdivision, plan of condominium or any other method requiring a development agreement, then the Town shall endeav- our to ensure that the owner thereof pays to the Owner herein, prior to the development of those lands, all or an appropriate portion of the oversizing cost, (a) calculated according to the gross area immediately prior to devel- opment of the external lands to be developed and the per hectare oversizing cost, and (b) adjusted annually, for a maximum of five years from the date of the notification referred to in subsection (3), above, according to the Southam Construction Cost Index for Ontario, composite portion. In consideration of the Town approving the plan of entering into this Agreement with this section included, by, subdivision and the Owner here- (a) remises, releases and forever discharges, and (b) agrees to iodemnily and save harmless, the Town, its officers and employees and their respective heirs, execu- tors, administrators, successors and assigns, of and from all actions, causes of action, accounts, claims, debts, damages, demands, and costs associated therewith, arising, to arise or which may hereafter be brought against them, or any of them, by or on behalf of the Owner, or any 9 other person, because of the provisions of this section or any error, omission, failure or negligence in the application thereof. IN WITNESS WHEREOF, the Party of the First Part has hereunto set his hand and seal and the Party of the Second has hereunto affixed its Corporate Seals attested to by the hands of its proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED In the presence of Sam Sorbara, in trust THE CORPORATION OF TIlE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk 10 -,3