HomeMy WebLinkAbout93-120 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 93- 120
Being a By-law to authorize the making of an
agreement with Schickedanz Bros . Limited and
to amend a subdivision agreement between the
former Town of Newcastle and Schickedanz Bros .
Ltd. dated July 18, 1989 .
WHEREAS the Council of The Corporation of the Municipality of
Clarington has approved the making of an agreement between the
Municipality and Schickedanz Bros . Limited to implement the
Addendum to Report WD-32-93 and the amendment of a Subdivision
Agreement between the former Town of Newcastle and Schickedanz
Bros. Limited dated July 18, 1989 also to implement the Addendum to
Report WD-32-93,
NOW THEREFORE the Council of The Corporation of the Municipality of
Clarington hereby enacts as follows:
1. THAT the Mayor and Clerk are authorized on behalf of The
Corporation of the Municipality of Clarington to execute an
agreement with Schickedanz Bros. Limited to implement the
Addendum dated July 19, 1993 to Report WD-32-93.
2 . THAT the Mayor and Clerk are authorized on behalf of The
Corporation of the Municipality of Clarington to execute an
agreement amending the Subdivision Agreement between the
former Town of Newcastle and Schickedanz Bros . Limited
respecting Plans 10M-829 and 1OM-830 to implement the
aforesaid Addendum to Report No. WD-32-93 .
BY-LAW read a first and second time this 19th day of July, 1993.
BY-LAW read a third time and finally passed this 19th day of July,
1993.
MAYOR
CLERK
0,8/10/93 10:14 FAX 416 454 1876 DAVIS,WEBB,SHLZ --- SCHICKEDANZ BROS 0 009/012
SENT BY:Shlblay Righton 8-10-93 9:11 :Shlblay Rlghton 1171- 416 454 1876:2 9/12
AGREEMENT made as of this 10th day of August, 1993.
RETWEEK:
THE CORPORATION OF THE MUNICIPALITY
OF CLARINCTON
(hereinafter called the "Municipality")
OF THE FIRST PART
-and-
SCHICKEDANT. BROS. L1MrrED
(hereinafter called "Schieke&=")
OF THE SECOND PART
WHEREAS;
A The parties hereto made as ap-ceiuent as of July 18, 1989.pursuant to imbsection 50
(5) of the Plannin AZ 1983, respecting the subdivision and development of certain
lands now eompris g Plans 1,OM-829 and IOM•830 iii the Municipality of Clarington,
in the Regional unicipality of Durham as amended by the First Amending
Agreement made as of Scptcmbcr 20, 1991 (collectively tllc "Subdivislon
Agreement");
D. The Subdivision cement requires that the owner shall construct, it,stall,supervise
and maintain all the Stormwater Management Works specified in the "Master
Drainage Plan a d Report for the Wcst Branch of the Soper Creek" (i)le
"Stormwater Man ement Works");
C. Sebickedanz is unable to complete the Stormwater Management Works in
ncenrdance with the. scheduled time set out in the Subdivision Agreement and has
regtiectECl that the scheduling of the Stormwater Management Works be umcnded
in accordance with a letter dated July 19, 1993,from Schickedanz to the Director of
Public Works of the Municipality (the "Director"); and
D. 7b1s Agreement ft authorized by Ry-law 93-120 passed by the Council of the
Municipality on thi 19th day of July, 1993.
NOW THEREFORE WIT 14ESSETH that in consideration of the premises and covenants
hertivaUer expressed anc the sum of TW0---•(S2.n0)---DOLLARS of lawful money of
Canada now pd.id by each parry to the other (the receipt whereof by each party is hereby
aclulowledgcd). the pdrdd hercio covenant and agree to and with each other as follows:
1. Schickedwa shall:
(a) commcnce construction of tilt Swruiwater Management Works on or before
August 10, 993;
(b) tender for contract all of the Stormwater Management Works inultediately;
(c) construct, ir stall and maintain the ehunnelization works from tho Main
Branch of the Soper Creek to a point just south of the proposed Detention
Pond ("Dart A") between July 15, 1993, and September 15, 1993; and
0,8/10/93 10:15 FAX 416 454 1876 DAVIS,WEBB,SHLZ 4 SCHICKEDANZ BROS 0010/012
• SENT SY:Shletay Rightan !3-1u-9a u:i's :bnIoiey rcignxan tiri- %IQ *ov ac.0.-1U•1_,
Z
(d) construct, install and tualatain the balance of the Stormwater Management
Works ("Part B") between Jude 15, 1994, and ,September 15, 1994.
2. Subject to comp1h nec by Schickedanz whit this Agreement and with the Subdivision
Agreement as am ndcd by this Agreement, the Municipality shall confirm that the
Subdivision Agrec ment is in good standing.
3. The Municipality ill issue separate completion ecril.8eates for each of Parts A and
11 of the Storn water Management Works respectively. The Municipality
acknowledges that it holds certain securities for the shares of the cost of Parts A and
A of the Stormwa er Management Works which are to be paid by other benefldng
owners who have ntered into subdivision agreements with the Municipality prior to
November 7-3, 199 (the"contributions"). Forthwith after the issuance of completion
ceri fieate for Part A of the Stormwater Management Works,the Municipality either
Will collect the portion of the contributions referable to Part A of the Stortttwater
Management Wor from the other benefitting owners who have entered into the
aforesaid Suhdivis on Agreements with the Municipality or realize the securities;
posted therefore,a rid will reimburse Schickedanz to the extent of the portions of the
contributions for F irt A of the Stormwater Management Works which have been so
collected. provide that in no cage shall the Municipality reimburse Schickedanz a
portion of a contri ution of a benefiting owner's share which exceed: that owner's
share as set out in he Cost Sharing Report for the Storm Water Management Works
for the West Bra ch of the Soper Creek ac finally approved by the Director,
Forthwith after th issuance of a completion certificate for Part i3 of the Stormwater
Management Works, the Municipaliry will use its hest effnrts to collect the balance
of the contribution to be mails by other benefiting owners referable to fart B of the
Stormwater Manal cment Works pursuant to Subdivision Agreements made with the
Municipality prior o November 23, 1991 or realize the security posted therefore, and
will reimburse the amounwso collected to Schickedanz subject to the came proviso
just stated in rcspc4 c of the reimbursement or Schickedanz for part of the cost of Part
A of the Stormwater Management Works. Notwithstanding the foregoing, if in the
opinion of the D ector, acting reasonably, any our, or more of the subdivision
agreements under which contributions arc to be made for Parts A and B of the
Stormwater MQnal ement Works and which agreements bavc been made prior to
November 23, 199 , the contributions cannot be collected or the securities posted
therefore cannot a realized before the completion of Part D of the Stormwater
Management Worl s, the Municipality will not be rcquircd to collect and pay such
contributions to Sc uckedam nor realize the securities therefore for cither Parts A
or H of the Storm ater Management Works before the issuance of a completion
certificate for Part H of the Stormwater Management Works.
4. The Municipality Y ill support, expedite and enact, at the earliest possible date, as
amendment to its L ievelopment Charge By-law and Front Ending Agreement for the
henefiting area fo Parts A and B of the Stormwater Management Works as
determined in the Cast Sharing Report for the Storm Water Management Works for
the West Branch o the Soper Creek as finally approved by the Director, and will
expeditiously take '11 action to faring them into force,provided that Schickedanz will
reimburse the Mu cipaliry it% reasonable costs of doing so. In the event that it will
take an undue time period to have an amending Development Charges By-law and
Front Ending Agr ement come intfi force because of Ontario Municipal Board
licarinip refuting to the Development Charges By-law 92.105, the Director of Public
Works will recunu ,end a freestanding Development Charges By-law and Front
Ending Agreement with a view to having the Front Ending Agreement in force by
June 15, 1994.
S. Schickedanz will ob Lain the approval of the Director to all tender documents and the
construction contract for Parts A and B of the Stormwater Management Works and
Will make the necessary arrangements for the Municipality to be a party to the
08/10/93 10:16 FAX 416 454 1876 DAVIS,WEBB,SHLZ -44 SCHICKEDANZ BROS 0011/012
• SENT BY:Shibloy Rlghton 8-10-93 9:13 :Shibioy Righton (17)• 41t 4b4 lrs'rn:altfi_
3
construction co Let for the purposes and to the extent considered necessary by the
D roctor, provided that List Director acra reasonably.
b. Prior to August 1 , 1993, Schickedwiz shall snake the necessary arrangements to
allow the MUniCl'p Ility to use the engineering drawings and Specifications for Parts
A and B of the Stormwater Management Works which have been prepared by
Marshall Macklin Monaghan Limited in the tvcnt of default by Schickedanz in
performing any of its obligations under paragraph 1. Schickedanz will provide the
Municipality with Marshall Macklin Monaghan UJUiLed's acknowledgement of the
foregoing provisions of this paragraph and written undertalung to the Municipality
to comply with them prior to August 10, 1993,
7. Schickedanz will arrange for such performance bond in respect of Llic construction
of Parts. A and .B of the Stormwater Management Works as may be required by the
Director, acting re ksonably, and without limiting the generality of the foreguing will
arrange for such bond to be accessed directly by the Municipality iu the
Circumstances required by the Director, acting reasonably.
a. In the event that construction costs for the Slormwater Management Works exceed
Lbe estimated costs which formed the basis for monies collected and securities
deposited with the unicipality from other benefiting owners who have entered into
subdivision agreements with the Municipality prior to November 23, 1991, the
Municipality shall not be required to collect additional monies from those benefiting
owners if the Dire wr has determined, acting reasonably,that collecting the monies
would be irup,acli'al having regard for the prnvisions of the relevant subdivision
agreements.
9. Schickedanz and the Municipality will execute an agreement to amend the
Subdivision Agreci acut in a forus which the Director, acting reasonably, considers
necessary to give a ect to any of the foregoing.
10. This Agreement sh ill not affect in any way the rigliLs of the Municipality to enforce
the securities presently deposited with the Municipality by Schickedanz pursuant to
the Subdivision Agreement.
11. Time shall be of tl a essence,
12. Schickedanz ackno ledges and agrees that the Municipaliry has authority to enter
into this Agreement, that every provision hereof is authorized by the law and is fully
enforceable by the parties and that this Agreement is made by the Municipaliry in
reliance on the acknowledgement and agreement of Schickedanz as aforesaid.
13. Any notice, request, communication or demand under this Agreement shall be in
writing and shall b considered properly delivered when given or served persoita.11y
or by registered m it to the Municipality at 40 Temperance Street, Dowrnanville.
Ontario LIC: 3A6 'o or of Public 3Morks and Schickedanz at 3311
Bayview Avenne, cite 101, Willowdale, Ontario M2K 1G4 Attontione Mr. R.
33hJ Md=. Sus. notice, request or demand shall be deemed to have been
delivered on the da a it is delivered if given or served personally or on the third day
folluwirtg mailing, l it is mailed. If at any lime notice is delivered by mail and there
is any cessation(wh ther anticipated or existing)of mail service affecting the delivery
of such notice, thr. notice shall not be deemed to have been delivered until five (5)
business days after be date that normal mail service is restored.
14. 'Phis Agreement shall be governed by aad iutarpreted in accordance with the laws of
the Province of Ont irio and the parties submit to the jurisdiction of the courts of the
Province of Ontaric in order to enforce this AgreenicilL.
x8/10/93 10:16 FAX 416 454 1876 DAVIS,WEBB,SHLZ 444 SCHICKEDANZ BROS 01012/012 �
SF-NT BY:Shibley Righton 8-10-93 9:14 :Shlbley Righton (17)— 416 454 1876:a12i13
r
4
15. If any term, colt t or condition of this Agreement to any extent is held invalid or
Unenforceable. th remainder of thbi Agreement shall net be affected thereby and
each term, coveni nt and condition of this Agreement shall he separately valid and
enforceable to th4l fullest cxtcnt permitted by law.
16. This Agreement may be executed in scvcral counterparts, each of which shall be
deemed to he an original, and all countcrparu shall constitute one and the same
instrument. This Agreement shall not be binding and in effect until at least one
counterpart, duly executed by the Municipality and Schickeddnz, has been delivered
to each party her to.
17. 'Ibis Agreements call enure to the benefit of and be binding on the parties hereto
and their recPecti a successors and assigns.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their corpoimte:j seals
by the hands of the proper nffirers duly authorized in that behalf the day and ,year Cu-st
above written.
7W.CORPORATION OF THE MUNICIPALITY
OF CI.A1t1NGTON
Diane Hamre - Mayor
AjW
�Evu ry 6Z--"eK;
SCIIICKEDANZ BROS. LI
Name: o e r Pk' eq,, ' z
Title: Manger
�i CA
I have au or�ity to bind the corporation
Av-d By
Name:
Title:
Voi iii ro 14:,44 rAA 41b 454 1876 DAVIS.WEBB,SHLZ 4 SCHICKEDANZ BROS U003/016
Q
SECOND AMENDING AGREEMENT made as of this 5th day of August, 1993.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON
(hereinafter called the "Municipality")
OF THE FIRST PART
and
SCHICKEDANZ BROS. LIMITED
(hereinafter called the "Owner")
OF THE SECOND PART
WHEREAS:
A. The parties hereto made an agreement as of July 18, 1989, pursuant to subsection 50
.(5) of the P anninp Act 1983 (the "Subdivision Agreement");
B. The Subdivision Agreement applies to lands and premises more particularly
described in Schedule "A" hereto (the "Lands"). Notice of the Subdivision
Agreement is deposited against the title to the Lands as Instrument No. in
the Land Registry Office for the Land Titles Division of Durham (No.40) (the "Land
Registry Office");
C. This Second Amending Agreement applies in respect of a portion of the Lands more
particularly described in Schedule "B" (the "Applicable Lands");
D. The Owner is the owner in fee simple absolute of the Applicable Lands free and
clear of any mortgages or charges; and
E. This Second Amending Agreement is made pursuant to subsection 51 (6) of the
Planing Act, R.S.O. 1990, c. P. 13 and is authorized by By-law No. 93-120 passed
by the Council of the Municipality on the 19th day of July, 1993.
NOW THEREFORE WITNESSETH that in consideration of the premises and covenants
hereinafter expressed and the sum of TWO----($2.00)----DOLLARS of lawful money of
Canada, now paid by each party to the other (the receipt whereof by each party is hereby
acknowledged), the parties hereto covenant and agree to and with each other as follows:
1. OWNER OF APPLICABLE LANDS
The Owner represents and warrants to the Municipality that it is the owner in fee
simple absolute of the Applicable Lands, free and clear of any mortgages or charges.
2. AMENDMENT PARAGRAPH 515 OF ME SUBDMSION AGREEMENT
Paragraph 5.15 of the Subdivision Agreement is amended by inserting "(1)" prior to
the'commencement of the text of such paragraph and by adding the following to the
end of such paragraph:
(2) Notwithstanding the provisions of subparagraph 5.15 (1) the
Owner shall:
(a) commence construction of the Stormwater Management Works
on or before August 10, 1993;
08/10/93 14:23 FAX 416 454 1876 DAVIS,WEBB,SHLZ SCHICKEDANZ BROS (a 004/016
2
(b) construct, install and maintain the chaanelization works from
the Main Branch of the Soper Creek to a point just south of the
proposed Detention Pond between July 15, 1993, and
September 15, 1993; and
(c) construct, install and maintain the balance of the Storrnwater
Management Forks between June 15, 1994, and September 15,
1994.
3. PRoNISIQNS QF SUBDIVISION AGREEMENT OTHERWISE CONFIRMED
Except as provided in paragraph 2 of this Second Amending Agreement, all of the
provisions of the Subdivision Agreement are hereby confirmed and continue in effect.
4. RE iSTRATION OF SECOND AMENDING AG EEMENT
The Municipality and the Owner consent to the registration of a Notice of the
Second Amending Agreement against title to the Applicable Lands.
5. A[ITHORIT
' TO MAKE AGREEMENT
The Owner acknowledges and agrees that the Municipality has authority to enter into
this Second Amending Agreement, that every provision hereof is authorized by the
law and is full enforceable by the parties, and that this Second Amending Agreement
is made by the Municipality in reliance on the acknowledgement and agreement of
the Owner as aforesaid.
6, SUCCESSOR$
This Second Amending Agreement shall enure to the benefit of and be binding on
the parties hereto, and their respective successors and assigns.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by
the hands of the proper officers duly authorized in that behalf the day and year first written
above.
THE CORPORATION OF THE MUNICIPAI.11 Y .
OF CLARINGTON
Bv./����
Diane Hamre - Mayor
SCHICKEDANZ BROS. LI j
cis
Name: Rober`t -hi
Title:
///I Yiav,e''a ority to bind the corporation
Nidne:
Title:
08/10/93 14:23 FAX 416 454 1876 DAVIS.WEBB,SHLZ ++-► SCHICKEDANZ BROS 2005/016
• e
3
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the-First Amending Agreement which has been
authorized and approved by By-law No. 93-120 of The Corporation of the.Municipality of
Clarington, enacted and passed the 19th day of July, 1993.
LEGAL DESCRIPTION OF SAID LANDS
Part of Lots 9 and 10, Concession 2, Township of Darlington, Municipality of Clarington,
Regional Municipality of Durham
Being Part of Lots 1, 3, 41 6, 7, and 9,
All of Lot 8
And Part of the Unnamed Lane Block "A"
All according to C.G. Hanning's Plan
And All of Lots 21 and 32, Block "A"
Part of Winnstanley Street between Block "A" and Block "B"
All of Lots 25, 27, 29, 31, 33, 35, 37, 39 and
Lots 41 to 54 both inclusive, Block "B"
And Part of Mann Street
All according to T.W. Herrick's Plan
Designated as Part 1 on Plan 10R-
IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by
the hands of their proper officers duly authorized in that behalf the day and year first above
written.
THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON
Diane HaTnre - Mayor
c/s
LOG uTy CLE,�k M � KN/ N7—
SCHICKEDANZ BROS. LIMI WD
B
Name: Bert S ickec}an
Title• Manage
Z I
/
c/s
have a thority to bind the corporation.
And By:
Name:
Title:
GA238\MEWCASTL\SCK1STAM.AGR
SCHEDULE "B"
FIRSTLY: All in Section 1OM-829.
The remainder of Parcel 2-3, being part Lot 2, designated as Part 4 on 40R-14781
Parcel 5-1, being Lot 5
Parcels 7-1 to 12-1, inclusive, being Lots 7 to 12, inclusive
Parcels 15-1 to 21-1, inclusive, being Lots 15 to 21, inclusive
The remainder of Parcel 25-1, being part Lot 25, designated as Part 3 on 10R-3736
Parcel 28-3, being part of Lot 28, designated as Part 3 on 40R-13981
Parcel 46-1, being Lot 46
Parcels 57-1 to 59-1, inclusive, being Lots 57 to 59, inclusive
Parcels 62-1 to 64-1, inclusive, being Lots 62 to 64, inclusive
Parcels 66-1 to 69-1, inclusive, being Lots 66 to 69, inclusive
Parcels 75-1 and 76-1, inclusive, being Lots 75 and 76
Parcels 88-1 to 101-1, inclusive, being Lots 88 to 101, inclusive
Parcels 103-1 to 110-1, being Lots 103 to 110, inclusive
Parcel 123-1, being Lot 123
Parcels 128-1 to 130-1, inclusive, being Lots 128 to 130, inclusive
Parcels 133-1 to 140-1, inclusive, being Lots 133 to 140, inclusive
Parcel 143-1, being Lot 143
All on Plan 10M-829
Municipality of Clarington
Regional Municipality of Durham
SECONDLY: All in Section 10M-830
Parcels 1-1 to 24-1, inclusive, being Lots 1 to 24, inclusive
The remainder of Parcel 25-1, being part Lot 25, designated as Part 1 on 10R-14922
Parcels 26-1 to 92-1, inclusive, being Lots 26 to 92, inclusive
Parcels 95-1 to 97-1, inclusive, being Blocks 95 to 97
All on Plan 1OM-830
Municipality of Clarington
Regional Municipality of Durham