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HomeMy WebLinkAboutBy-law 2467/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2467 /87 Being a by-law to authorize the execution of a Development Agreement respecting Part Lot lB, Concession l, Pickering (Parts 14 to 21, Plan 40R-9576) (J. Israeli (Brock Limited) and Steele Valley Developments Ltd.; A 21/86(R)). WHEREAS as a condition of the approval of Zoning By-law Amendment Application A 21/86(R), the owner of that part of Lot 18, Concession 1, Picketing, designated as Parts 14 to 21, Plan 40R-9576, is required to enter into an appropriate Development 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 Development Agree- ment, in the form attached hereto as Schedule A, respecting the development of that part of Lot 18, Concession 1, Picketing, designated as Parts 14 to 21, Plan 40R-9576, (J. Israeli (Brock Limited) and Steele Valley Developments Ltd.; A 21/86(R)). BY-LAW read a first, second and third time and finally passed this 4th day of May, 1987. TOWN OF APPROVED AS TO LE~t. SCHEDULE A THIS AGREEMENT made May 4, 1987. BETWEEN: J. ISRAELI (BROCK LIMITED) and STEELE VALLEY DEVELOPMENTS LTD. 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, - and - CITIBANK CANADA hereinafter called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner, with the consent of the Encumbrancer, proposes to develop that part of Lot 18, Concession 1, in the Town of Picketing in the Regional Municipality of Durham, designated as Parts 14 to 21, Plan 40R-9576 and seek a rezoning thereof (A 21/86); NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed development and rezoning, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: LAND AFFECTED The lands affected by this Agreement (the "Lands") are those parts of Lot Concession 1, Pickering, designated as Parts 14 to 21, Plan 40R-9576. 18, 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. 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. e TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their 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, 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 (1) 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. (z) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work is completed and formally accepted by the Town. 8. ROADS AND BOULEVARDS (1) The Owner shall upgrade Picketing Parkway adjacent to and abutting the Lands by, (a) the reconstruction and repair of a boulevard on the south and west side thereof; (b) the installation of a curbed and paved entrance on the south side thereof to serve Part 1, Plan 40R-XXXXX and on the west side thereof to serve the balance of the Lands; and (c) the reconstruction or repair of those parts of the road base and surface damaged as a result of the servicing or development of the Lands. (z) The Owner shall upgrade Brock Road adjacent to and abutting the Lands by, (a) the creation and sodding of a boulevard on the east side thereof; (b) the installation of curbs and a curbed and paved entrance on the east side thereof; and (c) the reconstruction or repair of those parts of the road base and surface damaged as a result of the servicing or development of the Lands. (~) The works required under subsections (1) and (2) shall be constructed to the specifications of the Town, or, where either of them have jurisdiction, the Regional Municipality of Durham and the Ministry of Transportation and Communications. (4) The Owner shall maintain and repair public lands where construction has taken place and keep such lands clear of dust, refuse, rubbish or other litter of all types. 2 SIDEWALKS AND BICYCLE PATHS The Owner shall construct on the boulevard, (a) a bicycle path on the south and west side of Picketing Parkway, and (b) a sidewalk and bicycle path on the east side of Brock Road, adjacent to and abutting the Lands, according to the Town's specifications for street sidewalks and boulevard bicycle paths in effect at the date hereof. 10. STREET LIGHTING The Owner shall pay all costs of installing or upgrading, as necessary, street lighting on Picketing Parkway and Brock Road adjacent to and abutting the Lands including poles and other necessary appurtenances, as required. (2) The lighting shall be designed and installed or upgraded in accordance with standards established by the Town and in conformity with the Asso- ciation of Municipal Electrical Utilities Guide to Municipal Standard Con- struction. (3) The installation and upgrading of all works provided for in this section shall he conducted under the supervision and inspection of Picketing Hydro-Electric Commission. 11. INSPECTIONS Ail works required to be constructed by the Owner, except those re- ferred to in section 10 shall be installed under the observation of Inspec- tors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered, 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. 12. LIABILITY INSURANCE 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 T own, (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. 13. PERFORMANCE & MAINTENANCE GUARANTEE (1) 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, (2) (3) (4) (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the 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 I, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 14. DRAINAGE 15. (1) 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 adjacent lands which drain through the Lands. (z) 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. 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. (z) In cases of emergency, in the opinion such work may be done without prior forthwith notified. of the Director of Public Works, notice but the Owner shall be (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) 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 the 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 Entrances To pave all entrances to the Lands between the travelled portion of the road and the lot line. 5 (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 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 and boulevards, without the written consent of the authority responsi- ble 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 (e) The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to he 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. 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 entrances 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 Si~n,s 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. (h) Permanent Signs (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 Works. 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. I7. SITE PLANNING (1) No development, Lands until, including redevelopment, shall be undertaken on the (2) (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 the 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 by 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 expense to the Town any or all of the following: (a) facilities to provide access to and from the Lands, such as access ramps, curbs and traffic direction signs; (b) 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 Lands; 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. (3) (4) 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 (2), 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), the 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 the Owner fail to maintain the said facilities or works to the Town's satisfac- tion. (5) At any time after one year from the provision by the Owner of the last work, facility, easement and scheme required to be provided as a condition of an approval under subsection (2), the Owner may apply to the Town for a reduction in the amount of the letter of credit provided under subsection (3), or the release of the Owner from the requirement to provide that letter of credit. (6) 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. (7) 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. (8) In the event that the development or redevelopment of the Lands is to be undertaken in more than one phase, this section shall apply on a phase by phase basis, the limits of each phase being subject to the approval of the Town's Director of Planning. IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED J. ISRAELI (BROCK LIMITED) STEELE VALLEY DEVELOPMENTS LTD. THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayer Bruce Taylor, Clerk ENCUMBRANCER - CITIBANK CANADA This Agreement shall have priority over and take precedence over all of the Encumbrancers' rights or interest, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est 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 , this day of , 1987. SIGNED, SEALED AND DELIVERED CITIBANK CANADA