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HomeMy WebLinkAbout93-92 DN: 88076. BYL THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 93-.9.2.. being a By-law to authorize the entering into of an Amending Agreement with Nor-Arm Developments Inc. and Pinetree Development Co. Limited being the Owner of Plan of Subdivision 18T-88076 (10M-837) and the Corporation of the Town of Newcastle in respect of Plan 18T-88076 (10M-837) The Council of the Corporation of the Town of Newcastle enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal, an Amending Agreement between Nor-Arm Developments Inc. and Pinetree Development Co. Limited, being the Owner of Plan of Subdivision 18T88076 and the said Corporation in respect of Plan of Subdivision 18T-88076; 2. THAT the Mayor and Clerk are hereby authorized to Accept, on behalf of the Town, any conveyances of lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this 14th. day of June ,1993. BY-LAW read a second time this 14th. day of June ,1993. BY-LAW read a third time and finally passed this 14th. day of June ,1993. &A4lLsJ~~~ MAYOR CLERK . . i " . Draft #3- June 9, 1993 Nor-Arm/Amcnd-2.Agr THIS SECOND AMENDING AGREEMENT made as of this 14th day of June, 1993. BE1WEEN: /1fQplu,;,...,a rJ;;, ~ OJPR /~~"'-V THE CORPORATION OF THE TOVm OF NE ASTLE (hereinafter called the "Town") OF THE FIRST PART - and - NOR-ARM DEVELOPMENTS INC. (hereinafter called the "Owner") OF THE SECOND PART WHEREAS: A. The Town, the Owner, Pine tree Development Corporation and 683794 Ontario Limited made an Agreement on May 23, 1990 pursuant to Subsection 50(6) of the Planning Act, 1983 (the "Subdivision Agreement"). The Subdivision Agreement applies to the lands and premises more particularly described in Schedule "A" hereto (the "Subdivision Lands"). Notice of it is deposited against the title to the Subdivision Lands as Instrument No. NL27125 in the Land Registry Office for the Land Titles Division of Durham (No. 40) (the "Land Registry Office"). By Amending Agreement made as of March 23, 1992 between the Town,'879214 Ontario Limited and Nor-Arm Developments Inc. the Subdivision Agreement was amended in certain respects as it applies in respect of the land defined in the Amending Agreement as the "Amending Agreement Lands". B. This Second Amending Agreement is made pursuant to Subsection 51(6) of the Planning Act, R.S.O. 1990, c.P.13. It is authorized by By-law No. 93-1:2 passed by the Town Council on the 14th day of June, 1993. NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of Two ($2.00) Dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: - 2 - 1. Amendments to Subdivision Aereement The Subdivision Agreement is amended by: (a) Deleting paragraphs 3.9 and 5.23 and replacing them with a new paragraph 3.9 as follows: "3.9 Maintenance Guarantee Required (1) From the date of issuance of an Authorization to Commence Works until the date of issuance of a Certificate of Acceptance of the Works or particular component(s) of the Works, the Owner agrees with the Town to promptly correct, remedy, repair or replace any portion or component of the Works in question that the Director determines to be defective or deficient having regard to the provisions of this Agreement at the Owner's cost (the "Maintenance Guarantee"). The amount of the Maintenance Guarantee shall be determined in accordance with paragraph 3.11(4) of this Agreement. The Owner shall be given written notice of any such deficiency or defect by the Director forthwith after he identifies the same. (2) The Maintenance Guarantee expires on the date of issuance of the Certificate of Acceptance of the Works referred to in paragraph 3.9(1) which shall not be earlier than the date of expiry of the relevant period of the Maintenance Guarantee for the following Works as set out below: (a) "Initial Works" (as hereafter defined): the later of (1) the date of expiry of the period of two (2) years which commences on the date of issuance of the Certificate of Completion for the Initial Works, and (2) the date of issuance of a Certificate of Completion for the "Final Works" (as hereafter defined); (b) "Final Works": the date of expiry of the period of one (1) year that commences on the date on which the maintenance period for the Initial Works specified in paragraph3.9(2)(a) expires; ( c) "Street Lighting System" (as hereafter defined): the date of expiry of the period of two (2) years which commences on the - 3 - date of issuance of the Certificate of Completion of the Street Lighting System; and (d) "Stormwater Management System" (as hereafter defined): the date of expiry of the period of two (2) years which commences on the date of the issuance of the Certificate of Completion of the Stormwater Management System provided that such Certificate of Completion for the Stormwater Management System shaH not be issued prior to the issuance of the Certificate of Completion for the Final Works." (b) Deleting paragraph 5.21 and replacing it with the following: "5.21 Maintenance of Roads after Completion (1) In addition to any other requirement of this Agreement that the Owner maintain the Works, if any building(s) on the Lands is occupied, the Owner, at the Owner's cost, shall maintain each road(s), which is required to be constructed and provides access to such building(s), until a Certificate of Acceptance has been issued for such road ( s), and without limiting the generality of the foregoing, the Owner shall: (a) maintain the road(s) at all times in a well drained, dust and mud free condition, suitable for ordinary vehicular traffic, to the approval of the Director; (b) during the course of construction and installation of the Works, Utilities and Services pursuant to this Agreement, provide and maintain safe and adequate access to all occupied buildings; and ( c) erect a sign to the satisfaction of the Director to indicate that the road(s) are "unassumed road(s)" which the Town is not required by law to repair and maintain. (2) The Town agrees to snowplough and sand all paved road(s) shown on the registered Plan of Subdivision of the Lands, for and on behalf of the Owner until May 12, 1993 provided that for work performed until - 4 - May 12, 1993, the Owner shall pay to the Town one hundred (100%) percent of the costs of snowploughing and sanding such road(s), as determined by the Director, from time to time, and forthwith after being given written notice of such costs by the Director. (3) The Owner acknowledges and agrees that the undertaking or provision of repairs or maintenance by the Town under paragraphs 5.18, 5.19 or 5.21(2) in respect of road(s), is not intended nor shall it in any way constitute or be taken to constitute the approval or assumption by the Town of the road(s) in question. The road(s) shall not be deemed to have been assumed until both a Certificate of Acceptance has been issued, and a By-law has been passed by Town Council dedicating the road(s) as public highway(s) and assuming it for the purpose of liability to repair and maintain it as provided by the Municipal Act, and such By-law has been registered in the Land Registry Office." (c) Deleting paragraph 5.24 and replacing it with the following: "5.24 Requirements for Certificate of Acceptance The Owner acknowledges and agrees that none of the Works covered by a Certificate of Completion shall be accepted, nor deemed to be accepted for the purpose of this Agreement until the Director has provided the Owner with written certificate that the Works in question have been accepted ("the Certificate of Acceptance)". If the requirements of this Agreement respecting the issuance of a Certificate of Acceptance of the Initial Works, the Stormwater Management System and/or the Street Lighting System have been satisfied, and without limiting the generality of the foregoing, if the Director is of the opinion that the Works in question have been maintained in compliance with paragraph 3.9 and all deficiencies and defects in such Works have been remedied and corrected by the Owner on behalf of the Town, the Director shall provide the Owner with a Certificate of Acceptance of the relevant Works. If the requirements of this Agreement respecting the issuance of a Certificate of Acceptance of the Final Works have been satisfied, and without limiting the generality of the foregoing, if the Director is of the opinion that the Works in question have been maintained in accordance with paragraph 3.9 and all deficiencies and defects in such Works have been remedied - 5 - and corrected by the Owner, and the Director reports his opinion that such Works should be accepted by the Town for the Town Council, Council may approve the report of the Director. Following Council's approval of this report as aforesaid the Director may provide the Owner with a Certificate of Acceptance of the Final Works." (d) Deleting the text of Schedule "G" and replacing it with the following text: "SCHEDULE "G" THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and approved by By-law No. 93- 9:< of The Corporation of the Town of Newcastle, enacted and passed the 14th day of June, 1993. WORKS, REOUIRED The Owner shall construct, install, supervise and maintain the following Works, including all connections, alternations, adjustments and transitions required to suit existing systems or lands in accordance with the Town's Design Criteria and Standard Drawings, and the Engineering Drawings, all to the approval of the Director: (1)(a) A storm sewer system for the removal of upstream storm water and storm water originating within the said Lands, including storm sewer mains and connections, manholes, service connections, catchbasins and rear yard catch basins and leads, open channels, storm outfalls and structures and any other appurtenances and oversizing as may be required (the "Storm Sewer System"). (b) A stormwater management system consistent with the "Master Drainage Plan", complete with overland flow routes, detention and retention facilities, quality control devices, outlets, erosion and sedimentation control measures and any other necessary facilities as required (the "Stormwater Management System"). (c) A road system with accommodates the servIcmg of the Lands, providing for all vehicular and pedestrian traffic and access to all lots and blocks within the Lands, including the removal or installation of turning circles, and the Works required within the road, including - 6 - suitable subgrade, subbase and base granular materials, subdrains, base and top stage curbs and gutters, base and surface asphalt, traffic control and street name signs and sidewalks and all streets cape components including street trees, boulevard topsoil and sodding, street lighting, gravel driveway aprons, and where sidewalks exist, gravel driveway aprons with paved surfaces between curb and sidewalk (the "Road System"). (d) A street lighting system which provides illumination of roads and walkways to serve the said Lands including all connections, energy and maintenance costs, appurtenant apparatus and equipment, in the locations as approved by the Director (the "Street Lighting System"). (e) Related Works including grading, landscaping, fencing, noise attenuation measures, walkways (including lighting) and other miscellaneous Works shown on the Engineering Drawings and Grading and Drainage Plan (the "Related Works") PHASING OF THE WORKS The Works shall be divided into the following stages, unless approved by the Director: (2) INITIAL WORKS Storm Sewer System including all appurtenances; initial roadworks including subgrade, subbase and base granular . materials, subdrains, base curbs, base asphalt, traffic control and street name signs of the Road System; grading; and noise attenuation fencing (collectively called the. "Initial Works"). (3) STORMWATER MANAGEMENT SYSTEM (4) STREET LIGHTING SYSTEM " - 7 - (5) FINAL WORKS final roadworks including top curbs and gutters, surface asphalt, sidewalks, street trees, boulevard topsoil and sodding and driveway aprons of the Road System; and landscaping works, fencing, walkways and any remaining works not outlined in paragraphs (2), (3) and (4) of Schedule "G"." 2. Provisions of Subdivision A~reement Otherwise Confirmed Except as provided in paragraph 1 of this Second Amending Agreement all of the provisions of the Subdivision Agreement and the Amending Agreement referred to in Recital "A" of this Second Amending Agreement are hereby confirmed and continue in effect. 4. Authority to Make A~reement The Owner acknowledges and agrees that the Town has authority to enter into this Second Amending Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Second Amending Agreement is made by the Town in reliance on the acknowledgement and agreement of the Owner as aforesaid. 5. Successors This Second Amending Agreement shall enure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. ~'" '.. r - 8 - 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. SIGNED, SEALED AND DELIVERED In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) II!VltiCI/~ ry ~ THE CORPORATION O:t' THE TO'NN OF NE"~VCAS'fLE C-?~J 4~::.roL/' NOR-ARM DEVELOPMENTS INC. ~~~ l'j,ame/' Title <: l. l5<':.orj"C... f\'\'Nv\.D'1"''''' . .::>~c.<'e-oo..~ Name Title , '. .. SCHEDULE "A" THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized by By-law No. 93- -i2. of the Corporation of the Town of Newcastle, passed on the 14th day of June, 1993. LEGAL DESCRIPTION OF THE LANDS Part of Lot 9, Concession 1, Geographic Township of Darlington, Town of Newcastle, Regional Municipality of Durham, designated as Part 1 on Plan 10R-3638.