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