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HomeMy WebLinkAboutBy-law 2394/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2394/87 Being a by-law to authorize the execution of a Servicing Agreement respecting Part Lots 23 and 24, Concession 1, Pickerin g (LD 496-7/86); Bramalea/Armor Elevator - (Schindler Elevator). WHEREAS, as a condition to the approval of Durham Land Division Committee Decisions 496-7/86, dated October 6, 1986, the owner of Part Lots 23 and 24, Concession 1, Picketing, is required to enter into an appropriate Servicing Agreement: NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Servicing Agreement, in the form attached hereto as Schedule A, respecting the development of Part Lots 23 and 24, Concession 1, Picketing, (LD 496-7/86), Bramalea/Armor Elevator - (Schindler Elevator), BY-LAW read a first, second and third time and finally passed this 16th day of Feb- ruary, 1987. yg~h~ E% A~de~son, ~vlayo¥ /'Bruce Taylor, Crerk / --TOWN OF PICKERINGJ -APPROVED Schedule A THIS AGREEMENT made this 16th day of February, 1987. BETWEEN: BRAMALEA LIMITED and ARMOR ELEVATOR CANADA LIMITED now 117884 CANADA INC., 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 Lots 23 and 24, Concession 1, Pickering, and, in doing so, to sever those lands in accordance with Durham Land Division Committee Decisions LD 496/86 and LD 497/86, a condition of each being that the Owner satisfy the requirements to the Town; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town advising the Committee that the Town's requirements have been satisfied, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. LAND AFFECTED The lands affected by this Agreement (the "Lands") are those parts of Lots 23 and 24, Concession 1, Picketing, designated as Parts 1, 2 and 3, Plan 40R-9889. 2. NOTICE Any notice required to be given hereunder shall be given by registered mail addressed to the other Party, or where a Party is composed of more than one company, to each component company, 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. 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. 0 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 6. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the works and municipal services as hereinafter set forth to the satisfaction of the Town, 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. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work is completed and formally accepted by the Town. 8. GRADING CONTROL PLAN (1) The Owner shall provide to the Town, before commencing any of the works or services provided for herein and prior to the commencement of the development of the Lands, a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the Lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the Lands. (2) 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 Town's Director of Public Works and the Metropolitan Toronto and Region Conservation Authority. (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. 9. STORM DRAINAGE SYSTEM (1) In the development of the Lands, the Owner shall construct a complete storm drainage system, including where necessary appropriate storm water management facilities, 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. (2) The system shall be constructed to an outlet or outlets according to designs approved by the Director 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) (4) 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. 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. 10. BOULEVARDS During the development of the Lands, the Owner shall construct a boule- vard on the south side of Kingston Road and the east side of Dixie Road, adjacent to the Lands, according to the Town's specifications for boule- vard grading and sodding in effect at the date hereof. (2) Until approval by the Town, the Owner shall maintain and repair Kingston Road and Dixie Road where construction has taken place and keep them clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shall erect and maintain adequate signs to warn all persons using Kingston Road and Dixie Road that construction work is underway. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 11. SIDEWALKS During the development of the Lands, the Owner shall construct curbs, gutters and a sidewalk on the south side of Kingston Road adjacent to the Lands, and curbs and gutters on Dixie Road adjacent to the Lands, according to the Town's specifications for curbs, gutters and sidewalks in effect at the date hereof. 12. ROADS During the development of the Lands, the Owner shall reconstruct Dixie Road and repair Kingston Road adjacent to the Lands, and construct a turning circle on Dixie Road south of the lands, according to the Town's specifications for paved roads of the the Town in effect at the date hereof. 13. STREET LIGHTING (D During the development of the lands, the Owner shall install or upgrade, as the case may be, street lighting, including poles and other necessary appurtenances, on Kingston Road and Dixie Road adjacent to the Lands and on the Dixie Road turning circle to be constructed hereunder. (2) Street lighting shall be designed and installed in accordance with stan- dards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal standard construction. (3) The installation of all works provided for in this section shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 14. INSPECTIONS (i) All works required to be constructed by the Owner, except those re- ferred to in section 13, shall be installed under the observation of In- spectors employed by the Town and the Owner shall pay the costs in- curred 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. 3 15. LIABILITY INSURANCE (1) Before commencing any of the works or services 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 indemnify- ing 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. 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 for 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. 16. PERFORMANCE & MAINTENANCE GUARANTEE (i) Prior to the issuance of the first building permit after the date of this Agreement for the construction of any building on the Lands, 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, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works and services; (b) guaranteeing the payment of any amounts payable to the Town under section 14 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. (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 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; (4) and (c) seventeen per cent (17%) of the original value where, (l) (ii) (iii) a certificate of final completion has been made by the Owner's consulting engineer; 45 days following the making of such certificate have expired; and 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. 17. EXPIRY OF SECURITY (1) If the security provided under section 16 should expire during the cur- rency of this Agreement, the Owner shall provide to the Town, at least 30 days before the security*s expiry date, a further security in form satisfactory to the Town to take effect upon the expiry. (z) Should no further security be provided as required, the Town may con- vert the expiring security into cash and hold the cash in place of and for the same purposes as any further security. 18. 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 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. 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 he calculated by the Director of Public Works whose decision shall be final. (4) Such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and further, 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 paragraph is one of the considerations, without which the Town would not have executed this Agreement. 19. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the travelled portion of the adjacent road and the boundary of the Lands. (b) Continuation 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) 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 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) (ii) 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. 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) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (g) Temporary Signs To provide and erect at its own cost, to the specifications o£ the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (h) Permanent Signs 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 Works. (i) Engineering Drawings Prior to the final acceptance of the works, to supply the Town with the original drawings thereof, with amendments, if any, noted thereon. 20. TIME LIMIT FOR COMPLETION The Owner shall complete all works and services required to be constructed or installed by this Agreement, (a) within two years of the provision to the Town of the performance and maintenance security required under section 16, or (b) by December 31, 1989, whichever first occurs, and shall guarantee the works, services, workmanship and materials for a period of two years after they are approved in writing by the Town's Director of Public Works. 21. SITE PLANNING The Parties acknowledge that they continue to be bound by the provisions of the Agreement dated March 2, 1981, and registered April 14, 1981, as Instrument D121221, except section 6 thereof, which is superseded by this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunto corporate seals, attested to by their authorized officers. SIGNED, SEALED & DELIVERED BRAMALEA LIMITED affixed their respective Bruce Kerr, Vice-President Cynthia Green, General Manager ARMOR ELEVATOR CANADA LIMITED now 117884 CANADA INC. THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk 7