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HomeMy WebLinkAboutBy-law 2594/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2594 /87 Being a by-law to authorize the execution of a Development Agreement between Rougemount Centre Inc. and The Corporation of the Town of Picketing respecting the development of those parts of Lots 5, 6, and 23, Plan 228, Picketing, designated as Parts 2, 3, 4, 5 and 6, Plan 40R-10643. (A6/87) WHEREAS, as a condition of the approval of Zoning By-law Amendment Application A6/87, the owner of Part Lots 5, 6, and 23, Plan 228, Pickering, 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, between Rougemount Centre Inc. and The Corporation of the Town of Pickering, respecting the development of those parts of Lots 5, 6, and 23, Plan 228, Pickering, designated as Parts 2, 3, 4, 5 and 6, Plan 40R-10643. (A 6/87) BY-LAW read a first, second and third time and finally passed this 5th day of October, 1987. ~"~n -E.- /Aa~/erin,- Mayor-~ Bruce Taylor, I TOWN OF SCHEDULE A THIS AGREEMENT made this BETWEEN: day of , 1987. ROUGEMOUNT CENTRE INC. hereinafter 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 redevelop those parts of Lots 5, 6 and 23, Plan 228, designated as Parts 2, 3, 4, 5 and 6, Plan 40R-10643, in the Town of Picketing in the Regional Municipality of Durham, and seek a rezoning thereof (A6/87); NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed redevelopment 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 Lots 5, 0 and 23, Plan 228, Picketing, designated as Parts 2, 3, 4, 5 and 6, Plan 40R-10643. 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 he effective as of the secor~d day immediately following the date of the deposit thereof in the Post Office. 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 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. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work is completed and formally accepted by the Town. ROADS AND BOULEVARDS (1) The Owner shall upgrade Kingston Road adjacent to the Lands by, (a) the creation and sodding of boulevards; (b) the installation of curbs, gutters and paved entrance(s), and (c) the restoration of road surfaces adjacent to or over works required herein or works otherwise serving the Lands. (2) The Owner shall upgrade Rougemount Drive adjacent to the Lands by, (a) the creation and sodding of boulevards, (b) the installation of curbs, gutters and paved entrance(s), and (c) the reconstruction of Rougemount Drive according to the Town's specifications for paved roads in effect at the date hereof. (B) The works required under subsections (1) and (2) shall be constructed to the specifications of the Town, or, where it has jurisdiction, 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. SIDEWALKS The Owner shall construct a sidewalk, (a) on the east side of Rougemount Drive; and (b) on the north side of Kingston Road, adjacent to the Lands, according to the Town's specifications for street walks in effect at the date hereof. side- 10. STREET LIGHTING (1) The Owner shall pay all costs of upgrading street lighting on Kingston Road and Rougemount Drive adjacent to the Lands including poles and other necessary appurtenances, as required. The lighting shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Munici- pal Electrical Utilities Guide to Municipal Standard Gonstruction. (3) The upgrading of all works provided for in this section shall be con- structed under the supervision and inspection of Picketing Hydro-Electric Gommission. 11. INSPECTIONS (1) All 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. (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. 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 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. 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, (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 11 of this Agreement; (z) (4) (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 he 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. 14. DRAINAGE AND STORM WATER MANAGEMENT (x) 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 (2) (3) (4) for the proper drainage thereof and storm water management thereon and the drainage of all adjacent lands which drain through the Lands. The Grading Control Plan shall be prepared in accordance with the Town'a Lot Drainage Specifications in effect at the date of this Agreement and is subject to the approval of the Director of Public Works. 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. 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. 15. 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 he 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) 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 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) Pavin~ of Entrances To pave all entrances to the Lands between the travelled portion of the road and the lot line. (b) Continuation of Existin[~ 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 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) Oualitative or Ouantitative 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 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[~ns 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 Sit, ns (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. 17. SITE PLAN CONTROL (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- in g; (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. (z) 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; 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, including but not necessarily limited to a storm sewer over Part 3, Plan 40R-10643; 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) 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 (Z), 7 (4) (6) 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. 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. 18. TREE PRESERVATION (1) The Owner shall retain, at its expense, a qualified expert to prepare a detailed Tree Preservation Program indicating which existing trees on the Lands should be preserved. (2) The Program shall be submitted to the Director of Planning for review and approval and, once approved, shall be implemented only as approved. (3) Until such time as the Program is approved, the Owner shall not com- mence~ nor allow to be commenced, any aspect of the development of the Lands including the removal of any trees, without the authorization of the Town. (4) In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the opinion of the Town's Director of Parks and Recreation, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall replace that tree with a tree of a height, diameter and spe- cies determined by the Director; such replacement shall be at not cost to the Town. (5) The Owner's liability under subsection (4) shall continue until, (a) where the tree is located on a residential building lot, twelve months after the completion of the sodding on the lot, or (b) where the tree is located on premises other than a residential building lot, the expiry of the guarantee period referred to in section 13 of this Agreement. 19. KINGSTON ROAD ACCESS (1) Subject to the approval of the Ministry of Transportation and Communica- tions, the Owner shall construct one access between the Lands and Kingston Road, and that access shall bet (a) at least 7 metres wide at the lot line; and (h) centred upon south boundary of Part 5, Plan 40R-10643. (2) The Owner shall convey to the Town, at no cost to the Town and free and clear of ali encumbrances, an irrevocable right-of-way over Part 5, Plan 40R-10643, for the purposes of vehicular and pedestrian ingress and egress between Kingston Road and Lot 6, Plan 228, Picketing. IN WITNESS WHEREOF, the Parties of the First and Second Part have hereunto affixed their Corporate Seals attested to by the hands of their proper officers. SIGNED, SEALED & DELIVERED ROUGEMOUNT CENTRE INC. THE CORPORATION OF THE TOWN OF PICKERING John E. Anders'on Bruce Taylor, Clerk ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, 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 , , 1987. SIGNED, SEALED & DELIVERED Ernest L. Stroud 9 ,,' _: ~ ~ 111 I~ ~ ~ ~':1i11'11I Town of Pickering PLANNING DEPARTMENT P~a~ oe~l.l~. PAET LOT ~1~ 8FC, RANGE 5 Ow.~r Ro~GEMOUNT CENTRE ~a~ FEB 15/87 ~ra~. ay ~D