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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 i 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, i .I? - 3 - 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 r ro H H HN•?o C X o .j H ro n K PI O P• r• hh ww ro N rt O O ? (D rt S H O ?l r- ww o of M z H r r ?C n 0 K H H z H r H H H M d w a 0 z 0 M b7 0 O O N t7 M C M r O 3 M z H w a H hi n 0 ro 00 ^] rd H H H P°z H c z n ? M H _O d H M d