HomeMy WebLinkAboutBy-law 790/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 790/78
Being a By-Law to authorize the execution
of an Agreement between Orangebrook
Developments Limited/Ballycroy Investments
Limited and the Corporation of the Town of
Pickering respecting the completion of
roadworks on Orangebrook Court (Part Lot
18, Range 3, B.F.C.; Part 3, Plan 40R-1986)
WHEREAS Orangebrook Developments Limited and Ballycroy
Limited are the owners in fee simple of that Part of Lot 18,
Broken Front Concession designated as Part 3, Plan 40R-1986;
Investments
Range 3,
AND WHEREAS a roadway has been partially constructed on those
lands;
AND WHEREAS the Corporation of the Town of Pickering has agreed to
dedicate those lands as a public highway on the condition that Orange-
brook Developments Limited and Ballycroy Investments Limited complete
the construction of the roadway to Town standards;
NOW THEREFORE the Council of the Corporation of the Town of Pick-
ering HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agree-
ment in the form attached hereto as Schedule "A" between
Orangebrook Developments Limited/Ballycroy Investments Limited
and the Corporation of the Town of Pickering respecting the
completion by Orangebrook Developments Limited/Ballycroy Invest-
ments Limited of the construction of a roadway on that part of
Lot 18, Range 3, Broken Front Concession, designated as Part 3,
Plan 40R-1986 (Orangebrook Court).
BY-LAW read a first, second and third time and finally passed this
3rd day of April , 1978.
SCHEDULE "A" TO BY-LAW NO. 790/78
THIS AGREEMENT made in duplicate this day of
1978.
BETWEEN:
ORANGEBROOK DEVELOPMENTS LIMITED
- and -
YCROY INVESTMENTS LIMITED
hereinafter referred to as the "Developer"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE SECOND PART.
WHEREAS the Developer has commenced construction of a
roadway and related appurtenances thereto on that part of
Lot 18, Range 3, Broken Front Concession, being Part 3,
Plan 40R-1986;
AND WHEREAS the Developer has agreed to convey Part 3,
Plan 40R-1986 to the Town for use as a public highway;
AND WHEREAS the Town has agreed to accept the convey-
ance of Part 3, Plan 40R-1986 from the Developer and to
dedicate same as a public highway subject to certain condi-
tions;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in con-
sideration of the Town accepting the conveyance of the lands
affected hereby and of dedicating same as a public highway,
the Developer hereby covenants and agrees with the Town as
follows:
1. The lands affected by this Agreement are:
All and singular that certain parcel or
tract of land in the Town of Pickering
in the Regional Municipality of Durham
in the Province of Ontario and being
composed of that part of Lot 18, Range
3, Broken Front Concession, designated
as Part 3 on a plan of survey of record
registered in the Registry Office for
the Registry Division of Durham as Plan
Number 40R-1986.
- z -
2 . The Developer agrees to complete at his own expense
and in a good workmanlike manner for the Town, all
the municipal services as hereinafter set forth to
?i the satisfaction of the Director of Public Works for
the Town of Pickering, and to complete, perform and
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maintain such other matters as may be provided for
j herein.
3. The Developer agrees to complete the construction
of the roadway on the lands affected hereby, accord-
ing to the specifications for paved roads in the
Town in effect at the date hereof. The specifica-
tions for boulevard grading and sodding shall apply.
,The Developer covenants and agrees that until the
completed construction is approved by the Town, it
will maintain and repair the road where construction
takes place or where the road is used by traffic and
to keep the road clear of dust, refuse, rubbish, or
other litter of all types.
4. The Developer agrees to complete the construction of
curbs and gutters on the road on the lands affected
hereby, according to the specifications of the Town
in effect at the date hereof and to maintain such
road until the completed construction is formally
approved by the Town. If any curb depressions are
not located correctly with respect to a driveway,
the Developer shall construct a curb depression in
the correct location and fill in the original curb
depression according to the said specifications.
5. All works required to be constructed by the Developer
shall be constructed under the observation of Inspec-
tors employed by the Town and the Developer agrees to
pay the cost incurred (salaries and expenses) there-
for within ten (10) days of invoices therefor being
rendered.
6. Before commencing any of the work provided for here-
in, the Developer shall supply the Town Clerk with a
Liability Insurance Policy in a form satisfactory to
the Town providing indemnification in the amount of
$500,000.00 to the Town from any loss arising from
claims for damages, injury or otherwise in connec-
tion with the work done by or on behalf of the Devel-
oper on the lands affected hereby. 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
Developer agrees to pay the cost of such renewal or
renewals within ten (10) days of the account there-
for being rendered by the Town. It shall be the
responsibility of the Developer to notify the Town
of the dates for the payment of the premium of the
said policy and to supply proof that the premium
has been paid in order that the guarantee provided
by the Liability Insurance Policy shall not lapse.
7. Before commencing any of the work provided for here-
in, the Developer shall supply the Town with a 100%
Performance and Maintenance Security in a form sat-
isfactory to the Town in the amount of $3,000.00 to
guarantee the satisfactory completion of the work,
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and to guarantee the workmanship and materials for a
period of one (1) year from the date that the com-
pleted construction is approved in writing by the
Director of Public Works. Such Performance and Main-
tenance Guarantee may, at the option of the Developer,
be made up of part bond and part cash, or all cash,
or letter of credit. The Developer may, upon
approval of the completed construction, apply for a
reduction in the security, such application being
made to the Town Clerk and such reduction may be
granted upon the written verification of the Director
of Public Works that the services for which reduction
is being sought have been satisfactorily completed,
provided that reduction shall not reduce the amount
of the security to any amount less than ten per cent
(10%) of the original value, which ten per cent por-
tion shall apply as the security for maintenance
until the obligation to maintain has expired, when
the balance of the security shall be returned to
the Developer subject to any deductions for mainten-
ance purposes.
8. Time shall be of the essence of this Agreement.
9. This Agreement and everything herein contained shall
enure to the benefit of and be binding upon the
Parties hereto, their successors and assigns.
IN WITNESS WHEREOF the said Parties have hereunto
affixed their Corporate Seals attested to by the hands of
their proper officers in that behalf fully authorized.
SIGNED, SEALED and DELIVERED
ORANGEBROOK DEVELOPMENTS LIMITED
BALLYCROY INVESTMENTS LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
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