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HomeMy WebLinkAboutBy-law 1534/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1534/82 Being a By-Law to authorize the execution of a Park Development Agreement between Bramalea Limited and the Corporation of the Town of Pickering respecting Foxhollow Neighbourhood Park. WHEREAS, pursuant to the provisions of section 208.57 of the Municipal Act, RoS.O. 1980, chapter 302, by-laws may be passed by the Councils of all Municipalities for erecting, maintaining and operating Parks; and WHEREAS, it is deemed desirable to enter into a Development Agreement with Bramalea Limited respecting the Development by Bramalea Limited, partially at the cost of the Town, of Foxhollow Neighbourhood Park; NOW THEREFORE, The Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Parks Development Agreement, in the form attached hereto~as Schedule "A", between Bramalea Limited and the Corporation of the Town of Pickering respecting the development of Foxhollow Neighbourhood Park. BY-LAW read a first, second and third time and finally passed this 5th day of July, 1982 Schedule "A" to By-law 1534/82 THIS AGREEMENT made in triplicate this day of , 1982. BETWEEN: BRAMALEA LIMITED hereinafter called "Bramalea" OF THE FIRST PART, - and- THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS, Bramalea proposes to subdivide part of Lots 29 and 30, Conces- sion 1 and part of Lots 1 and 2, Plan 221, in the Town of Pickering, in the Regional Municipality of Durham, and to register a plan of subdivi- sion of those lands, as shown on a draft plan of subdivision prepared by J. Do Barnes Limited, Ontario Land Surveyors, designated as Draft Plan Number 18T-81024; and WHEREAS, as a condition of the Town's approval thereto, Bramalea is required to convey certain parkland to the Town; and WHEREAS, Bramalea and the Town have agreed to cooperate in, and share the cost of, the development of that parkland, subject to certain terms and conditions; NOW THEREFORE, THIS AGREEMENT WI TNESSETH THAT, in consideration of the mutual covenants herein contained, and the sum of $2.00, now paid by each Party to the other, receipt of which by each is hereby acknow- ledged, the Parties hereto agree as follows: PART 1 - CONVEYANCE (1) <2) (3) (4) (5) within ninety (90) days of the date of this Agreement, Bramalea shall convey to the Town, free and clear of all encumbrances, all those lands designated as Block T on a draft plan of sub- division designated as Draft Plan t8T-81024 and approved by the Regional Municipality of Durham on April 27th, 1982. For the purposes of the conveyance, Bramalea shall obtain and register, at its sole expense, a reference plan of survey of Block T, Draft Plan 18T-81024. Bramalea shall obtain the approval of the Town's Director of Parks and Recreation to the proposed reference plan prior to registering it. In the event that the area of Block T, Draft Plan 18T-81024 as shown on the reference plan as registered is other than 1.663 hectares, the Town and Bramalea shall adjust Bramalea's cash-in-lieu of parkland requirement for Draft Plan 18T-81024 accordingly, notwithstanding the provisions of any other agreement to the contrary. The Town agrees to accept the conveyance of Block T, Draft Plan 18T-81024, as shown on the reference plan as registered, in partial satisfaction of Bramalea's obligation to convey parkland to the Town in the development of that Plan, subject to any cash-in-lieu adjustment required by subsection (4), above. - 3 - PART 2 GROUND DEVELOPMENT (i) (2) By no later than twelve (12) months after the conveyance of Block T, Draft Plan 18T-81024 to the Town, Bramalea shall complete, at its sole expense, and to the satisfaction of the Town's Director of Parks and recreation and the Town's Director of Public Works, the ground development of Block T, Draft Plan 18T-81024, Block 296, Draft Plan 18T-79095, and the adjacent reservoir lands to the west thereof, in accordance with Cosburn/Giberson Consultants Inc. Project No. 30.81.190 Drawings 1 to 9, inclusive, as approved by the above-mentioned Directors. "Ground development" in this Agreement means the execution, development, construction and installation of those works and services designated as, (a) Items 1 (a) to (d), inclusive; (b) Items 2 (a) to (e), inclusive; (c) Items 2 (h) to (1), inclusive; (d) Items 3 (a) and (d); (e) Items 6 (y) and (z); and (f) Item 7, on Schedule "B, attached hereto, acquisition and provision of all equipment. and includes the necessary material and (3) "Adjacent reservoir lands" in this Agreement means the lands more particularly described in Schedule "A" hereto. - 4 - PART 3 - FACILITIES DEVELOPMENT (1) (2) By no later than three (3) years after the conveyance of Block T, Draft Plan 18T-81024 to the Town, Bramalea shall complete, at the Town's sole expense, and to the satisfaction of the Town's Director of Parks and Recreation, the facil- ities development of Block T, Draft Plan 18T-81024, Block 296, Draft Plan 18T-79085, and the adjacent reservoir lands to the west thereof, in accordance with Cosburn/Giberson Consultants Inc. Project No. 30.81.190 Drawings 1, 2, 3, 7, 8, 9, 10 and 11, as approved by the Director of Parks and Recreation. "Facilities development" in this Agreement means the execution, development, construction and installation of those works and services designated as, (a) Items 2 (f) and (g); (b) Items 3 (c) and (e); (c) Items 4 (b) and (c); (d) Items 5 (a) to (k), inclusive; (e) Item 5 (m); and (f) Items 6 (a) to (x), inclusive, on Schedule acquisition equipment. "B" attached hereto, and includes the and provision of all necessary material and (i) (2) (3) (4) Bramalea shall submit invoices to the Town on a regular basis, but no more often than once per calendar month, for its costs of the completion of facilities development, each of which shall be accompanied by a statutory declaration from the supervising consultant indicating that the work and material referred to in the invoice has been performed and supplied and paid for. The Town shall, upon receipt of each invoice, promptly pay to Bramalea the amount claimed by it, subject to verification by the Town's Director of Parks and Recreation and subject to the provisions of subsections (3) and (4), below. (a) The maximum amount payable hereunder by the Town to Bramalea is $210,000.00. (b) The Parties acknowledge that the maximum amount set out in clause (a) is based upon cost estimates for facilities development; in the event that actual contract prices exceed those estimates, the Town's Director of Parks and Recreation shall have the right to amend the drawings to delete items as he sees fit so that the maximum amount will not be exceeded, and any such amendment shall be reflected in a corresponding amendment to Schedule "B" attached hereto. The Town shall have the right to hold back fifteen per cent (15%) of the amount of any verified invoice for a period of thirty-seven (37) days following the date of the supervising consultant's statutory declaration. Notwithstanding the provisions of section 3, the cost of Items 9 (a) to (c), inclusive shall be borne by the parties equally, subject however to the provisions of section 4 and the prior approval of the Town's Director of Parks and Recreation to any expenditure under those items. to - 5 - PART 4 GENERAL PROVISIONS (1) (2) (3) Ail works required hereunder to be constructed by Bramalea shall be constructed under the observation of Inspectors employed by the Town. Bramalea shall pay the costs incurred for inspections relat- ing to ground development only within thirty (30) days of invoices being rendered. 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. J Bramalea agrees to complete the development stages within the time limits set out in sections 2, 3, and 4, above, and, with respect to the ground development only, to guarantee the workmanship and materials for a period of two (2) years from the date that the said works are approved in writing by the Director of Public Works. (i) (2) (3) (4) Before commencing any of the ground development required to be constructed by Bramalea, Bramalea 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 to guarantee the workmanship and materials for a period of two (2) years from the date that the ground development is completed and such completion acknowledged, in writing, by the Director of Public Works. Bramalea may, from time to time, apply for a reduction in the security and such application shall be made to the Town Treasurer. Upon written verification from the Director of Public Works that the portion of the ground development for which reduc- tion is being sought has been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than ten per cent (10%) of the original value, which ten per cent portion shall apply as the security for maintenance until the obligation to maintain has expired, when the balance of the security shall be returned to Bramalea subject to any deductions for maintenance pur- poses. 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 Bramalea any necessary assurance to effect the reduction. (1) (2) (3) Bramalea agrees that should any security required to be given under the terms of this Agreement expire during the currency of the Agreement, Bramalea shall provide to the Town at least thirty (30) days in advance of the expiry date of that secur- ity, a further security to take effect upon the expiry. Such further security shall be to the satisfaction of the Town. Should no such further security be provided as required, then the Town shall have the right to convert the expiring secur- ity into cash and hold the cash in lieu of and for the same purposes as any further security. 10 · (1) If, in the opinion of the Director of Public Works, Bramalea is not prosecuting or causing to be prosecuted the work in - 6 - PART 4 - GENERAL PROVISIONS (Cont'd) connection with the ground development within the specified time, or in order that it may be completed within the spec- ified time, or is improperly performing the work, or shall Bramalea neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being voilated or carelessly executed, or in bad faith, or shall Bramalea 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 Bramalea in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement relating to such work, then in any such case, the said Director of Public Works shall promptly notify Bramalea and its surety in writing of such default or neglect and if such notification be without effect within ten (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 work- men as in his opinion shall be required for the proper comple- tion of the said work at the cost and expense of Bramalea or its surety, or both. (2) (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. 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 further, 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 Bramalea, it being hereby declared and agreed that the assuming by Bramalea of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 11. Bramalea agrees with the Town: (a) Where the construction of services herein involves a contin- uation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workman- like manner; (b) (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 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 subclause (i), above; (iii) That there shall be no burning of refuse or debris upon its lands or any public lands; (c) Wherever possible, to ensure that construction traffic does not use roads, in adjacent plans of subdivision, having occupied residential units fronting thereon; - 7 - PART 4 - GENERAL PROVISIONS (Cont'd) (d) (e) (g) (h) The Director of Public Works may have qualitative or quanti- tative tests made of any materials which have been or are proposed to be used in the ground development, and the cost of such tests shall be paid by Bramalea within thirty (30) days of the account being rendered by the Town; (i) To pay the cost of relocating any existing services and utilities caused by the ground development, within thirty (30) days of the account for same being ren- dered 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; 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; Prior to the final acceptance of the ground development, to supply the Town with the original engineering drawings therefor, with amendments, if any, noted thereon; Upon completion of facilities development, to supply the Town with a Statutory Declaration that all accounts for work and materials for all three development stages 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 Bramalea, or if such claims do exist, Bramalea agrees to inde~tnify the Town against all claims, actions or demands for mechanics' liens or other- wise and all costs in connection therewith. 12. (1) (2) (3) (4) Before commencing any of the work provided for herein, Bram- alea shall supply the Town with a Liability Insurance Policy in 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 Bramalea in furtherance hereof. The amount of the said Policy shall be $1,000,000. 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 Bramalea agrees to pay the cost of such renewal or renewals within thirty (30) days of the account therefor being rendered by the Town. It shall be the responsibility of Bramalea 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. 13. Time shall be of the essence of this Agreement. - @ - PART 4 - GENERAL PROVISIONS (Cont'd) 14. 15. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their succes- sors and assigns. The provisions of Schedule's "A" and "B" attached hereto form part of the Agreement. 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 & DELIVERED BRAMALEA LIMITED General Manager Vice-President THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk SCHEDULE "A" ALL AND SINGULAR those certain lands and premises situate, lying and being in the Town of Pickering in the Regional Municipality of Durham (formerly in the Township of Pickering in the Councy of Ontario) and being composed of part of Lot 30 in the First Concession of the said Town of Picketing containing by admeasurement 7.61 acres more or less and being more particularly described as follows: COMMENCING at a stake planted in the Westerly limit of said Lot 30, said stake being distant Northerly along the said limit 1,311 feet the Southwest angle of said Lot 30. from THENCE Northerly along the said Westerly limit a distance of 494 feet to a stake planted, said stake being distant Southerly 1,450 feet, 8 inches more or less from a fence marking the centre line of the said Concession 1. THENCE North 72 degrees 49 minutes East a distance of 671 feet, 8 inches to a stake planted. THENCE Southerly parallel to the said Westerly limit of Lot 30 a dis- tance of 494 feet to a stake planted. THENCE South 72 degrees 49 minutes West a distance of 671 feet 8 inches more or less to the PLACE OF BEGINNING. BEING the lands described in Instrument Number 138674.