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HomeMy WebLinkAboutBy-law 2826/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO2~26 /88 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lots 4-6, Concession 4, Ajax (Draft Plan 18T-86027, Ajax; Cougs Investments Ltd.) WHEREAS the proposal to subdivide and register a plan of subdivision of part of Lots 4, 5 and 6, Concession 4, Ajax, has been approved by the Commissioner of Planning of the Regional Municipality of Durham, subject to several conditions, one of which requires the entering into of a satisfactory Agreement with The Corporation of the Town of Picketing respecting the upgrading of Concession 5 Road; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree- ment, in the form attached hereto as Schedule A, respecting the upgrading of Concession 5 Road in the development of those parts of Lots 4, 5 and 6, Con- cession 4, Ajax, included in Draft Plan 18T-86027, Ajax (Cougs Investments Ltd. ). BY-LAW read a first, second and third time and finally passed this 27th day of June, 1988. /~/~6-hh-E. An2eFs-on, M~yo~ ~. Br~ce Taylor~ Cl~k TOWN OF PICKER/NG APPROVED AS TO LEGAL DEPT. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO2~26 /88 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lots 4-6, Concession 4, Ajax (Draft Plan 18T-86027, Ajax; Cougs Investments Ltd.) WHEREAS the proposal to subdivide and register a plan of subdivision of part of Lots 4, 5 and 6, Concession 4, Ajax, has been approved by the Commissioner of Planning of the Regional Municipality of Durham, subject to several conditions, one of which requires the entering into of a satisfactory Agreement with The Corporation of the Town of Pickering respecting the upgrading of Concession 5 Road; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree- ment, in the form attached hereto as Schedule A, respecting the upgrading of Concession 5 Road in the development of those parts of Lots 4, 5 and 6, Con- cession 4, Ajax, included in Draft Plan 18T-86027, Ajax (Cougs Investments Ltd. ). BY-LAW read a first, second and third time and finally passed this 27th day of June, 1988. TOWN OF- PICKERING APPROVED AS TO FOR', LEGAL DEPT. THIS AGREEMENT made this day of , 1988. BETWEEN: COUGS INVESTMENTS LTD. hereinafter called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to subdivide part of Lots; 4, 5 and 6, Concession 4, Ajax, and part of the road allowance between Lots 4 and $, Concession 4, Ajax, and to register a plan of subdivision of those lands, as shown on a draft plan of subdivi- sion designated as Draft Plan Number 18T-86027; NOW THEREFORE, THIS AGREEMENT WlTNESSETH, that in consideration of the Town approving the proposed plan of subdivision, 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 Lots 1 to 68, both inclusive, Plan 40M- , Ajax. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 1988, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. 3. 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. 4. 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. 5. TIME Time shall be of the essence of this Agreement. 6. BINDING PARTIES This Agreement and everything herein contained shah enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. 7. 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. 8. 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 hereby. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work required to be done hereby is completed and formally accepted by the Town. 9. CONCESSION 5 ROAD RECONSTRUCTION (1) The Owner shall reconstruct Concession 5 Road from Salem Road (the road allowance between Lots 6 and 7 in Ajax and Picketing) easterly to a line being the northerly extension of the east boundary of Blocks 69 and 82. (2) The portion of Concession 5 Road to be reconstructed that is adjacent to this plan shall be reconstructed according to the Town's specifications for paved sub-urban roads in effect at the date hereof. (3) The portion of Concession 5 Road to be reconstructed that is not adjacent to this plan shall be reconstructed according to the Town's specifications for paved sub-urban roads in effect at the date hereof, except that no asphalt base or other course shall be required. (4) Until assumption by the Town, the Owner shall maintain Concession 5 Road where construction has taken place or that is used by construction traffic entering the plan of subdivision and keep it clear of mud, dust, refuse, rubbish or other litter of all types. (5) The Owner shall erect and maintain adequate signs to warn all persons using Concession 5 Road that the maintenance of it has not been assumed by the Town from the time that construction commences until formal assumption of maintenance by the Town occurs. (6) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 10. INSPECTIONS (1) All works required hereby to be constructed by the Owner, shall be constructed 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. (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. 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 pursuant to this Agreement. (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. 12. 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 i~ 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 within two years of the date of registration of the plan; (b) guaranteeing the payment of any amounts payable to the Town under section 10 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 Town. (2) The Owner may, at any time after the first 50%, in value, of works have been constructed, instal]ed 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 ]ess 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) 4S 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. (4) 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 r, ecessary assurance to effect the reduction. 13. 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. (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. 4 14. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) 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. (b) 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 reconstruction of Concession 5 Road 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 its lands or any public lands. (c) 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 services 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. (d) Relocation of Services (i) To pay the cost of relocating any existing services and utilities caused by the work 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. (e) 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. (f) Temporary Signs 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. (g) 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. (h) Engineering Drawings Prior to the final acceptance of the work, to supply the Town with the original drawings of the engineering works, with amendments, if any, noted thereon. 15. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (b) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of this Agreement or any other related documentation, in the Land Titles Office. (c) Lien or Other Claims Upon applying for final acceptance of the work, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivision, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 16. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED COUGS INVESTMENTS LIMITED. Jeremiah F. Coughlan, President THE CORPORATION OF THE TOWN OF PICKERING