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HomeMy WebLinkAboutBy-law 1978/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 19711 /85 Being a by-law to authorize the execution of a Subdivision Agreement between Bramalea Limited and the Corporation of the Town of Pickering respecting the development of part Lot 19, Range 3, Broken Front Concession, Pickering (Draft Plan 18T-83013) WHEREAS, Bramalea Limited proposes to subdivide and register a plan of subdivision of Part Lot 19, Range 3, Broken Front Concession, Pickering; and WHEREAS, that proposal has been approved by the Council of the Corporation of the Town of Pickering and the Region of Durham, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement between Bramalea Limited and the Corporation of the Town of Pickering: NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement in the form attached hereto as Schedule A between Bramalea Limited and the Corporation of the Town of Picketing respecting the development of part Lot 19, Broken Front Concession, Picketing (Draft Plan 18T-83013). BY-LAW read a first, second and third time and finally passed this llthday of March, 1985. //M~yor / Crerk z Schedule A THIS AGREEMENT made this 4th day of March, 1985. BETWEEN : BRAMALEA LIMITED hereinafter called the "Owner" OF THE FIRST PART, and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - THE ROYAL BANK OF CANADA hereinafter called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part of Lot 19, Range 3, Broken Front Concession, in the Town of Pickering in the Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan of subdivision prepared by J. D. Barnes and designated as Draft Plan Number 18T-83013; WHEREAS, the Encumbrancer has certain rights or interests in the nature of encum- brances relating to the lands affected hereby; NOW TttEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree as follows: l. LAND AFFECTED The lands affected by this Agreement are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and helng composed of all of Lots 1 to 8, inclusive, according to a plan of subdivision registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Plan 40M- 2. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the works as hereinafter set forth to the satisfaction of the Director of Public Works for the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. 3. CONSULTING ENGINEERS (i) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner shall carry out all the necessary engineering and to super- vise generally the work required to be done for the development of the subdivision. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 4. DRAINAGE (1) The Owner shall provide the Town, prior to the commencement of the development of the plan of sub division, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivi- sion. (2) The Owner shall ensure that the lands within the subdivision do not drain surface run-off water onto open space owned by Ontario Hydro. (3) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement and is subject to the approval of the Director of Public Works, Ontario Hydro and the Metropolitan Toronto and Region Conservation Authority. (4) 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 in the plan of subdivision 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 neces- sary to correct such problems. (6) The Owner shall seed the front, side and rear yards of each of the lots except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. -2- 5. STORM SEWERS (i) The Owner shall construct a complete storm system including storm con- nections to the street line and catch basin leads to service all the lands in the plan of subdivision and road allowances adjacent to the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the aforementioned lands outside the plan of subdivision. (3) The Town may connect or system hut such connection system by the Town. authorize connection into any part of the shall not constitute acceptance of the sewer (4) No connection under subsection 3, above, shah be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. ABOVEGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING (1) The Owner shall provide, at no cost to the Town, aboveground electric distribution for all lots within the plan of subdivision according to the standards and specifications of Picketing Hydro-Electric Commission. (2) The Owner shall provide, at no cost to the Town, street lighting includ- ing poles and other necessary appurtenances for the lighting of the street on the plan. (3) 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 Construction. (4) The installation of all works provided for in this section shall be con- structed under the supervision and inspection of Picketing Hydro-Electric Commission. 7. TREE PLANTING (i) The Owner shall plant on road allowances within or adjacent to the plan, eight trees of a size and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall be approved by the Town prior to the planting of any trees. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and the lot line. - 3- (b) 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. (c) Public Lands - Fill & Debris (i) (ii) 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, including Ontario Hydro lands, without the written consent of the authority responsible for such lands. (iii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (i), above. That there shall be no burning of refuse or debris upon its lands or any public lands. (d) 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 works required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days o£ 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 subdivision 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 driveways 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 under this Agreement to the specifications of the Town in date hereof. (g) Temporary Signs to be done effect at the 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 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 o£ Public Works. (i) Engineering Drawings Prior to the final acceptance of the subdivision, the original drawings of the engineering works sion, with amendments, if any, noted thereon. to supply the Town with for the plan of subdivi- 4 (j) Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found all standard iron bars as shown on the registered plan, and survey monuments at all lot corners, the ends of all curves, other than corner roundings. INSPECTIONS (1) Prior to the commencement of any construction in the plan, the Owner shall pay to the Town the sum of $280 as an engineering drawing in- spection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in section 6, above, shall be installed 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. (3) The costs referred to in subsection (2), above, may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. 10. LIABILITY INSURANCE (i) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in a form satisfactory to the Town, 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 in the plan of subdivision 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 thai the protection provided by the Liability Insurance Policy shall not lapse. 11. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Save as herein otherwise provided, the Owner shall complete the works required under this Agreement within two years from the date of registration of the plan of subdivision, and shall guarantee the workmanship and materials for a period of two years from the date that the works are approved in writing by the Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. -5- 12. 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 Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notification be without effect within ten 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 work at the cost and expense of the Owner or his surety, or both. In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice hut 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. 13. PERFORMANCE & MAINTENANCE GUARANTEE Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 100% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works 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 6 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, 1982, 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. (2) The Owner may, from time to time, apply for a reduction in the security and such application shall be made to the Town Treasurer. -6- (3) (4) 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) thirty-five per cent (35%) of the original value where no certifi- cate or declaration of substantial performance has been madel (b) twenty per cent (20%) of the original value where, (1) 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) ten per cent (10%) 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 ten per cent (10%) 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, GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the plan of subdivi- sion, as required by law from time to time. (b) Prepayment of Local Improvement Charges - Feldspar Court To prepay, prior to the registration of the plan of subdivision, the outstanding local improvement charges relating to the installation of sanitary sewers and water mains on Brock Road adjacent to Feldspar Court; such charges equal $418.59 as at January 24th, 1985. (c) 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. - 7 - (d) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the Land Titles Office. (e) Lien or Other Claims Upon applying for final acceptance of the subdivision, 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 subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for mechanics' liens or otherwise and all costs in connection therewith, 15, EXPIRY OF SECURITIES 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. 16. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm sewer service both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (z) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1), above, shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner nf the lands across which the easement shall lie. 17, CONSTRUCTION (1) (2) (3) OCCUPANCY OF BUILDINGS No building permit shall be issued for any building or part of a building in the subdivision until, (a) (b) a site development plan has been approved by the Town, and sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. No building or part of a building in the subdivision shall be occupied except upon the issuance of a municipal occupancy permit. No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: -8 - (4) (i) Sewer and water facilities are installed and in operation to ade- quately serve such building or part thereof; and (ii) Electric service is completed and in operation. Upon the finalization of site development plans for Lots 7 and 8, the Owner shall submit to the Town for approval a revised site plan for Lot 1 to incorporate an appropriate westerly shift in the entrance to Feldspar Court. 18. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the afore- said lands, or any part thereof, to enter upon such lands in order to comply with the provisions of this Agreement. 19. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31st, 1985, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void. 20. 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. 21. ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interest, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest 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. 22. INTERPRETATION Whenever in this Agreement the word ~Owner~' or ~'Encumbrancer", or the pronoun "it" is used, it shall be read and construed as "Owner or Own- ers" or "Encumbrancer or mncumbrancers", amd "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedule A attached hereto shall form part of this Agreement. 23. TIME Time shall be of the essence of this Agreement. -9- 24. 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. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED BRAMALEA LIMITED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk THE ROYAL BANK OF CANADA - l0 - SCHEDULE A SPECIAL PROVISIONS REQUIRED BY OTHER AGENCIES The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by other agencies; these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any way to any of the other provisions of this Agreement. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") - ENGINEERING & DRAINAGE REPORT The Owner shall carry out, or cause to be carried out, to the satisfaction of M.T.R.C.A. the recommendations referred to in the report required in Condi- tion 6 of the draft approval, dated January 4th, 1984, of this plan by the Commissioner of Planning of the Regional Municipality of Durham. ONTARIO HYDRO - PROTECTION OF RIGHT-OF-WAY (1) The Owner shall not disturb the Ontario Hydro property abutting the westerly limit of the draft plan. Any disturbance of Hydro property by the Owner, its agent, or its contractor, shall be restored to its original condition by the Owner to the satisfaction of Ontario Hydro. (z) The Owner shall erect temporary fencing along the edge of Ontario Hydro's property prior to construction of the subdivision and shall erect permanent fencing after construction is completed. i I(~?' ! ~i il ',ii il~i it:, I,~, -ii 0 O0 ©