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HomeMy WebLinkAboutBy-law 4343/93 THE CORPORATION OF THE TOWN OF PICKERING ~ 4343/93 Being a by-law to authorize the execution of a Park Improvement Agreement between 448404 Ontario Limited and the Town providing for certain works in the nature of park improvements in the Town's Steeple Hill Neighbourhood Park, being Block 55, Plan 40M-1480, Pickering. WHEREAS pursuant to the provisions of section 41 of the Planning Act, R.S.O. 1990, chapter P.13, Thq Corporation of the Town of Picketing has approved certain plans and drawings respecting the development by 448404 Ontario Limited of that part of Block 56, Plan 40M-1480, Picketing, designated as Part 2, Plan 40R-14526; and WHEREAS in the discussion relating to the approval of those plans and drawings, the Company agreed to perform certain works in the nature of park improvements in the Town's Steeple Hill Neighbourhood Park, being Block 55, Plan 40M-1480, Pickering; and WHEREAS the Town requires 448404 Ontario Limited to enter into an Agreement with it respecting the performance of such works; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Park Improvement Agreement, in the form attached hereto as Schedule A, between 448404 Ontario Limited and The Corporation of the Town of Picketing respecting Block 55, Plan 40M-1480, Pickering (Steeple Hill Neighbourhood Park). BY-LAW read a first, second and third time and finally passed this 15th day of November, 1993. SCX-IEIDU~E A THIS PARK IMPROVEMENT AGREEMENT made August 10, 1993, BETWEEN: 448404 ONTARIO LIMITED herein called the "Company" OF THE FI~RST PART, - and -- THE CORPORATION OF THE TOWN OF PICKER.I~(~ herein cailed the "Town" OF THE SECOND PART. WHEREAS, pursuant to the provisions of section 41 of the Planning Act, R.S.O. 1990, chapter P.13, the Town has approved certain plans and drawings respecting the development by the Company of that part of Block 56, Plan 40M-1480, Picketing, designated as Part 2, Plan 40R-14526; and WHEREAS, in the discussions relating to the approval of those plans and drawings, the Company agreed to perform certain works in the nature of park improvements in the Town's Steeple Hill Neighbourhood Park, being Block 55, Plan 40M-1480, Picketing; NOW THEREFORE THIS AGREEMENT W1TNESSETH that, in consideration of the sum of $2.00 .. now paid by each Party to the other, receipt of which is hereby acknowledged, the Parties hereto agree as follows: 1. L~:~F2~RI2 The land affected by this Agreement (the "Land") is Block 55, Plan 40M-1450, Picketing. 2. STATUS OF THIS AGREEMENT This Agreement is entered into and executed by the Company for the purpose of having the Town act in reliance on the covenants by the Company contained herein and the Company hereby waives any right or claim which it now has or may hereinafter acquire which is inconsistent with the terms of this Agreement. 3. ~ (I) Whenever in th.is A,,greement !he ~,ronoun "it" is used, it shall he read and construed as "he", "she", "they ', "him", 'her' or "them", and ~he numher of the verb agreeing therewith shall be construed accordingly. (2) Time shall be of the essence of this Agreement. 4. ~d~L~l~cP~A]k~,~ This Agreement shall be enforceable by and against the Parties hereto, their heirs, executors, administrators, s~ccessors and assigns. 5. NO~C~ (1) Any notice required to be given hereunder may be given by personal delivery or registered mail, (a) in the case of the Company, to John Sandusky, Authorized Signing Officer 448404 Ontario Limited Suite 101 2100 Ellesmere Avenue $carborough, Ontario lVlIH 3B7 and (b) in ~he case of the Town, to The Town Clerk The Corporation of the Town of Picketing Pickering Civic Complex One The Esplanade Picketing, Ontario LIV 6K7 (2) Each Party may redesignate the person or the address, or both, to whom or to which such notice may be given by giving wrinen notice to the other. (3) Any notice given in accordance with this section shall be deemed to have been given on the second day following the day of delivery or the day of mailing, as the case may be. 6. COMPANY'S GENERAL UNDERTAKING The Company shall complete in a good workmanlike manner for the Town, all the works and services as hereinafter set forth to thc satisfaction of the Town, and shall complete, perform or make payment for such other matters as may be provided for herein. 7. COMPANY'S EXPENSE Every provision of this Agreement by which thc Company is obligated in any way shall be deemed to include thc words "at the expense of the Company and at no expense to the Town" unless thc context requires otherwise. 8. CONSTRUC'I~ON / INSTALLATION OF TOWN WORKS AND SERVICES (1) The Company shall obtain all required approvals and shall consu'uct or install to Town standards and shall provide to the Town, complete in every detail, all those works and services (the "Works") shown (and not constructed as of the date of this Agreement) on the following plan: Plan Last No. Plan Title Plan Date Revision 2 Planting Plan Dec. 1987 Dec. 7/92 prepared by Cosbum/Giberson Constfltants Inc., Landscape Architects. (2) The Works shall be constructed and installed in accordance with the Town's specifications and in a good and workmanlike manner under the observation of the Town's inspectors. (3) Where the construction or installation of works involves a continuation or extension of existing services, the Company shall join into the existing services, including adjustment of grades where necessary, in a good and workmanlike manner. (3) The Company shall not dump nor permit to be dumped any fall or debris on, nor remove or permit to be removed any fill from, any public lands, other than in the actual construction of roads in the project without the written consent of the authority responsible for such lands. (4) The Company shall not bum nor permit to be burned any refuse or debris within the project or adjacent to it. 9. AUTHORIZATION TO COMMENCE WORK The Company shall not commen?e the construction or installation of any of the Works without the written Authorization to Commence Work of the Town's Director of Community Services and Facilities. 10. COMPLETION DATE - TOWN WORKS AND SERVICES The Company shall complete the Works on or before August 31, 1994, following the approval of which by the Town, the Town shall issue to the Company a Completion Acceptance Certificate. 2 11. FAILURE TO COMPLETE / IMPROPER PERFORMANCE If, in the opinion of the Town's Director of Community Services and Facilities, the Company is not constructing or installing the Works, or causing them to be constructed or installed, within the specified time or so that they may be completed within the specified time, or is improperly performing the Works, or has neglected or abandoned them before completion, or has uureasonably delayed them so that the terms and conditions of this Agreement are being violated or executed carelessly or in bad faith, or has neglected or refused to renew or again perform Works rejected by thc Director as defective or unsuitable, or has in any other manner, in the opinion of the Director, defaulted in the performance of the ten'ns and conditions of this Agreement, then the Director may notify the Company and its surety in writing of the default or neglect and if the notification be without effect for seven days, then the Director shall have full authority to make any payment or do any thing, including but not limited to obtaining materials, tools and machinery and employing persons required for the proper completion of the Works or rectification of the default, at the cost and expense of thc Company or its surety, or both. 12. GUARANTEE OF WORKS. WORKMANSHIP AND MATERIALS (1) The Company shall guarantee all Works, workmanship and materials employed or used in the construction, installation or completion of Works, services and other requirements under this Agreement for a minimum period of one year (the "maintenance period") following the issuance of the Completion Acceptance Certificate by the Town. (2) Despite any other provisions of this Agreement, the responsibilities of the Company during the maintenance period shall include the maintenance of the Works, including the rectification of any tmsatisfactorily installed Works. (3) Prior to the end of the maintenance period, the Town will re-inspect the Works and if, (a) the Works are acceptable; and' (b) the Company has performed all of its obligations under the terms of this Agreement to the satisfaction of the Town, the Town will issue to the Company a Final Acceptance Certificate at which time the Town will assume ownership of the Works and the maintenance period will then end. 13. PERFORMANCE AND MAINTENANCE SECLFRITY (1) Before this Agreement will be executed by the Town, the Company shall file with the Town an irrevocable letter of credit, issued by a chartered bank in Canada in a form satisfactory to the Town, in the amount of $6,'700 as a performance and maintenance security for the purpose of, (a) guaranteeing the satisfactory construction, installation or performance of the Works; (b) guaranteeing the payment of any amounts payable to the Town under this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Acc, or any successor thereto, and (d) guaranteeing all Works, workmanship and materials during the maintenance period until a Final Acceptance Certificate has been issued by the Town's Director of Community Services and Facilities. (2) The Company may not apply for a reduction in the amount of, or the return of, that letter of credit at any timebefure the issuance of a Final Acceptance Certificate. (3) Should that letter of credit expire before the issuance of the Final Acceptance Certificate, the Company shall provide to the Town at least 30 days in advance of the expiry date of that letter of credit, a further letter of credit to take effect upon the expiry. (4) Such further letter of credit shall be in a form and amount satisfactory to the Town. (5) Should no such further letter of credit be provided as requixed, then the Town shall have the right to convert the expiring letter of credit into cash and to hold the cash in lieu of and for the same purposes as the expiring letter of credit. 14. COMPANY'S GENERAL I]N'DEMNI'rY Until the Town's Dixector of Community Services and Facilities has issued a Final Acceptance Certificate for the Works, the Company shall indemnify the Town against all actions, causes of actions, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of the Company undertaking the Works and other services required under this Agreement. 15. OCCUPATIONAL HEALTH AND SAFETY (1) The Company certifies that it is aware of its duties and obligations under the Occupational Health and Safety Act, or any successor thereto, and all Regulations thereunder (herein called the "Act"), and shall ensure that its employees, contractors, subcontractors and theix employees, (a) are aware of their respective duties and obligations under the Act, and (b) have sufficient knowledge and training to perform all works and services required pursuant to this Agreement safely and in compliance with the Act. (2) In the performance of all works and services required pursuant to this Agreement, the Company shatl, (a) act safely and comply in all respects with the Act, and (b) ensure that its employees, contractors, subcontractors and their employees act safely and comply in all respects with the Act. (3) The Company shall rectify any unsafe act or practice and any non-compLiance with the Act immediately upon being notified by any person of the existence of such act, practice or non-compliunce. (4) No act or omission by the Town or any representative of the Town (including the entering into of this Agreement) shall be deemed to be an assumption of any of the duties or obligations of the Company, its employees, contractors, subcontractors and thek employees under the Act, (S) The Company shall indenmify and save harmless the Town, (a) from any loss, inconvenience, damage or cost to the Town which may result from the Company or any of its employees, contractors, subcontractors and their employees failing to act safely or to comply in all respects with the Act in the performance of any work or service required pursuant to this Agreement; and (b) against any action or claim, or costs related thereto, brought against the Town by any person arising out of any unsafe act or practice or any non-compliance with the Act by the Company or any of its employees, contractors, subcontractors and their employees in the performance of any work or service required pursuant to this Agreement. 16. PAYiMENT OF LIENS AND OTHER CLAIMS (1) The Company shall discharge or vacate any liens or claims fried with the Town or registered on title to the Land, and relating to the construction or installation of Works and other services hereunder, within thirty days of being requested to do so by the Town. (2) At the end of the maintenance period, as extended during any rectification period, the Company shall frie with the Town a Statutory Declaration stating that, (a) all materials have been supplied and all services and works have been completed in the project with respect to the construction and installation of Works and other services; (b) all accounts for work or service performed and materials placed or furnished upon or in respect of the construction and installation of Works and other services in the project have been fully paid and satisfied and no person is entitled to claim a lien under the Construction Lien Act against the Town or the Land; (c) there are no judgments or executions fried against the Company; 4 (d) nothing is owed by the Company or claimed against it for unemployment insurance deductions, income tax deduciions, or by way of contribution or assessment under the Workers' Compen,tation Act; (e) the Company has not made any assignment for the benefit of creditors, nor has any receiving order been made against it under the Bankruptcy Act, nor has any petition for such an order been served upon the Company; and (f) 45 days have passed since the completion of the construction, installation, and last rectification of the Works and services. IN WITNESS WHEREOF the Panics herein have hereunto affixed theix respective corporate seals, attested to by the hands of their proper authorized officers. SIGNED, SEALED & DFf.rVERED 448404 ONTARIO LIMITED John Sandusky, Authorized Signing Officer THE CORPORATION OF THE TOWN OF PICKERI2NG Wayne Arthurs, Mayor C. M. Timothy Sheffield, Clerk Pro Tern