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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