Loading...
BYLAW - Agreement With Markborough Properties - 19790107 - 233179IJ("'\ !j ,, 1 ··--~ ': BY-LAW NUMBER 2331-79 OF THE MUNICIPAL CORPORATION OF THE TOWN OF AURORA A By-law to authorize the Mayor and Clerk to execute a Subdivision Agreement on behalf of the Corporation of the Town of Aurora and Markborough Properties Limited. THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Subdivision Agreement between the Town of Aurora and Markborough Properties Limited. 2. A copy of the said Subdivision Agreement is attached hereto. READ A FIRST AND SECOND TIME THIS~«_(). day of j)«C,~M 81:/1. 1979. Mayor Clerk READ A THIRD TIME AND FINALLY PASSED THIS .~ Mayor ' 1979. MARKBOROUGH PROPERTY LIMITED -and - THE CORPORATION OF THE TOWN OF AURORA VALHALLA HEIGHTS -PHASE II SUBDIVISION A G R E E M E N T ,., IJ ! '" ' !i' i'l il: .. ii: ni .... SECTION NO. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. I N D E X GENERAL PROVISIONS AND CONDITIONS • RELATING TO THE PLAN OF SUBDIVISION Land Included in the Plan ••••••••••••••••••••••••••••••• Services ....•.......•................................... Payment of Taxes •••••••••••••••••••••••••.••••••••••••••• Landscaping .................. , , , , , , , • , , , • , , , ...... , , .. .. Financial Contr~butions .••••••••••••••••••••••••• ~ •••••• Lands for Easements, and Other Public Purposes Lots and Blocks on the Plan Subject to Special Conditions Before Issue of a Building Permit ..................... .. Architectural Control ••••••••••••••••••••••••••••••••••• Requirements for Building Permits ............. · ••••.•...•• Certificate to Occupy ••••••••••••••••••••••••••••••••••• Release of Lots from Payment Obligations Specific Provisions Relating to the Sale of Lots •••••••• Registration of the Agreement ••...••••••..••.•••.••••... Interest .........•.........•.• ." ............•............ Special Provisions ••••••.••••• ~ ••••••••••••••••••••••••• Execution of Provisions· of the Agreement ............... . Cance 11 at ion of Agreement ............................. .. PAGE .JlQ.,_ 3 3 3 3 3 3 4 4 4 5 6 6 6 6 6 6 6 ' ' \ i-· I i ' i:: ' i ! ~· .. ' ,,: " ' ' I .• SECTION NO. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. I N D E X PART II GENERAL PROVISIONS AND CONDITIONS RELATING TO THE CONSTRUCTION AND INSTALLATION OF THE VARIOUS SERVICES Public Services ·~········································· Cost Estimate of Installing Public Services ••••••••••••••• Professional Engineer .........•.........•....•....•..•.•• ·• Approval of Plans and Specifications and Cost Estimates ••• Grading and Drainage Plan ••••••••••••••••••••••••••••••••• Drainage ..•.••••.••...••••••••••..•••••••••••••••••••••••• Construction of Public Services ••••••••••••••••••••••••••• Commencement of Construction of Public Services ••••••••••• Inspection of Public Services ••••••••••••••••••••••••••••• Use of Services by the Town ••••••••••••••••••••••••••••••• Connection to Existing Services ••••••••••••••••••••••••••• Oversizing of Public Services .•.............•........•.••. PAGE NO. 1 1 1 1 1 2 2 2 3 3 4 4 13. O~<ner's Liability.......................................... 4 14. Insurance • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 4 15. Engineering Fees ······························••o••••••oo• 5 16. Performance Security • o o •• o o. o •••• o o o o •• o. o o. o o ••• o. o o. o.. 5 17. Default of Owner in Performance of Work ••••••••••••••••••• 6 18. Certification of Completion of Public Services •• ,......... 7 19. Guarantee and Maintenance Period o••••••••o••••••••••••••••• 7 20. Final Acceptance of Public Services ••••••• ·••••••••••••••••• 8 ,, I THIS AGREEMENT made this day of B E T 14 E E N: MARKBOROUGH PROPERTIES LIMITED Hereinafter called the 11 0wner 11 OF THE FIRST PART -and - THE CORPORATION OF THE TOWN OF AURORA Hereinafter called the 11 Tmm 11 OF THE SECOND PART . ' 1979. '"ft .. ·'· --, <" ,_·· o-•-oA-' -' ,_,,.,_, ________ •• --- ,, - 2 - WHEREAS the Owner has presented to the Town for its approval, a development proposal hereto annexed and marked as Schedule 11 A11 to this Agreement, and hereinafter referred to in this Agreement as the AND WHEREAS the Owner warrants that it, is the registered owner of all of the land included in the Plan. AND WHEREAS the Owner warrants that there are no mortgages or Other encumbrances· affecting the lands included in the Plan. AND WHEREAS the Owner has requested the Town to approve the development, and the Owner in order to obtain such approval and pursuant to the conditions of approval imposed by the Town, has agreed to enter into this Agreement. NOW THEREFORE THIS AGREEMENT 14ITNESSETH that in consideration and the sum of Two Dollars ($2.00) of lawful money in Canada, now paid by the Town to the Owner (the receipt whereof is hereby acknowledged) the o,mer hereby covenants, promises and agrees with the Town as follows: i: ..... PART 1 . 1. -3- GENERAL PROVISIONS AND CONDITIONS RELATING TO THE PLAN OF SUBDIVISDN LAND INCLUDED IN THE PLAN The land included in the Plan and affected by this Agreement is outlined in Schedule '1A11 and more ·particularly described in Schedule "B" annexed to this Agreement. 2. 3. 4. SERVICES (1) (2} The Owner shall at his own expense, construct or cause to be constructed, the varia us services set forth in Schedule "C 11 to thfs Agreement in the manner and within the time provided for and subject to the various conditions set forth in Part 11 of this Agreement. · The parties hereto agree that for the purposes of this Agreement, the public services referred to in Subsection (1), sha 11 upon fi na 1 acceptance, vest i'n the Town. PAYMENT DF TAXES (1} (2} The Owner agrees to pay all arrears of realty taxes against the lands included in the Plan before the Town grants final approval of the Plan. The Owner further agrees to pay as they become due all taxes levied or to be levied against the lands included in the Plan or any part or parts thereof on the basis of and in accordance with the assessment and collector•s roll entries until such time as the lands assessed and entered on the collector•s roll according to the registered plan and have been sold by the Owner. LANDSCAPING The Owner covenants and agrees with the Town that it will exercise or cause to be exercised compliance with the various landscaping and· other provisions on the various lots and blocks on the Plan as more particularly set forth in Schedule 11 F11 annexed to this Agreement. 5. FINANCIAL CONTRIBUTIONS The Owner shall pay to the Town the various financial contributions as set forth in Schedule 11 G11 annexed to this Agreement and in the manner set forth in said Schedule 11 G11 6. LANDS FOR EASEMENTS AND OTHER PUBLIC PURPOSES ( 1} (2} The Owner shall convey to the Town for the sum of One Dollar ($1.00} title in fee simple free from all encumbrances and mortgages the lands set forth in Part 1 of Schedule "H" annexed to this Agreement. The Owner shall also convey to the appropriate authority free from all encumbrances and mortgages any easements as may be required for any drainage works, and/or sewers~ and/or watermains, and/or utility purposes, to furni~h any of the aforesaid services within the Plan. The easements required by the Town are set forth in Part 2 of Schedule .. H ... ' ;!: ,,, "" ;,• ,_, ·"" r· 6. 7. -4- (3) The Owner shall deed to the Town and the Town shall dedicate the street ·set forth in the Plan as a public highway. LOTS AND BLOCKS ON THE PLAN SUBJECT TO SPECIAL CONDITIONS BEFORE ISSUE OF A BUILDING PERMIT The Owner covenants and agrees with the Town that it will not apply for nor be entitled to .a building permit to erect any buildings on the various lots and blocks set forth in Schedule 11 K11 annexed to this Agreement until the special conditions referred to in the said Schedule have been duly complied with. 8. 9. ARCHITECTURAL CONTROL (1) The owner covenants and agrees with the Town that 1t will exercise or cause to be exercised architectural control over the design and construction of single family dwellings and semi-detached units on the Plan through compl i a nee with the following: (a) That the exterior construction on all homes be mostly masonry and of fireproof construction on the exterior except trim. (b) There shall be variation in the homes to be erected; (c) Not.more than two abutting homes shall be similar in model type. (2) The owner covenants and agrees that it will in the agreement of purchase and sale, require each builder purchaser to file, prior to applying for a building permit with the To>m, a master plan for the lots purchased by the builder purchaser showing house types, elevation and the distribution of models on such lots. REQUIREMENTS FOR BUILDING PERMITS (1) No building permit shall be issued until: (a) the easements mentioned herein have been granted to the Town; (b) the gravel roads,· underground services and connection thereof at the lot line have been installed and/or constructed in accordance with the terms and provisions of this Agreement \'lith respect to the roadway on which the lot(s) fronts, and adequate water pressure is available. (2) All building permits shall be subject to the restriction that any building constructed or to be constructed shall not be occupied until the provisions as set forth in Section 10 of Part 1 have been complied with. (3) (4) The buildings to be erected within the Plan shall be erected to conform to building levels approved by the Town Engineer and Town Superintendent or Building Inspector before the ,building operations are commenced. The said building levels _will confonn to the grades and elevations· indicated on the plans required by this Agreement. Notwithstanding the provisions of Subsection (1) the Town covenants and agrees to grant a permit to erect model homes on lots approved by the Town Engineer· and Town Superi nten- dent not exceeding five (5) units on the Plan provided that a plan of each block of dwellings has been submitted to the Town showing the location of the proposed dwellings and pro- vided further that the dwellings to be erected meet the re- quirements for building levels referred to in Subsection (3). ... ~ll~ 9. 10. . 'i .... .• -5- REQUIREMENTS FOR BUILDING PERMiTS (continued) (5) After all of the financial obligations of Owner imposed by the other terms of this Agreement have been satisfied and all security and deposits have been released by the To1m and the undertakings to complete and/or repair the services provided for have been satisfied, anyone applying for a building permit in respect of a vacant lot shall deposit with the Town the sum of $1,000.00 per lot in cash or by irrevocable letter of credit, increased to the time of issue of such permit by applying the Southam Construction Index {Ontario Series) or such other index as may be appropriate, as security for any damage which may be caused to Town property by reason of·construction activities on such lot. The security deposited shall be returned to the depositor after construction activities on such lot are completed and all damage, if any, caused by reason of such construction activities is repaired. CERTIFICATE TO OCCUPY (1) No building or part thereof within the Plan shall be occupied until the work for which the building permit was issued, is completed in accordance with the requirements of the Ontario Building Code, or any successor code, as amended, and a "Certificate to Occupy" referred to in this section, has been issued, and: (a) (b) (c) (d) (e) (f) water and sanitary sewer services to the said building are in operation; hydro electric service to the building is in operation; and street-lighting installed, and approved by Aurora Hydro; the roadway in front of such building and any other roadways, as set out on Schedule 11 0" required to give access to such buildings are completed ~ttith the exception of final course of asphalt. the cellar or basement, weeping tile and roof water drainage connections to the storm se\1ers are camp 1 eted and operating to the satisfaction of the Town Engineer and Town Superintendent; street name signs, and regulatory signs, have been erected on the street on which the lot or block fronts; the fi na 1 grade of the 1 ot for the building being constructed is in conformity with the Grading Plan and certified by the 0\'lner•s Engineer or such variance as may be approved by the To'm Engineer and Town Superintendent. (2) To ensure compliance with Clause !0 of this Agreement the Owner of the aforesaid lots or blocks within the Plan of Subdivision covenants and agrees tO supply to the Town upon execution of this Agreement a Letter of Credit in the maximum amount of $1,000.00 per dwelling unit or such other amount as satisfactory to the Town in its sole discretion, and in a form satisfactory to the Clerk. . ' The Owner shall be advised by the Clerk-Administrator on violation of the provisions of Clause 10 (1) (a) to (f) and the said letter of Credit in its total amount shall be forfeited as a Penalty by the Owner to the Town • .... 10. 11. -6- CERTIFICATE TO OCCUPY (continued) (3) In the event that a "CERTIFICATE TO OCCUPY" is requested and all the provisions of Subsection (!) have been complied with, ~<ith the exception of Subsection (l)(f), the To>m Engineer and Town Superintendent may nevertheless authorize the issuance of such certificate providing they are satisfied that the grading still to be completed ~<ill not substantially alter the contour of the lot and providing further that the person requesting said certificate agrees to complete such grading as soon as weather conditions permit. RELEASE OF LOTS FROM PAYMENT OBLIGATIONS The 0\.,rner, when not in default under this Agreement shall be entitled to an effective release in a form registerable in the Registry Office for each lot or block designated by the Owner upon the payment of financial obligations herein described. Such release will operate as a discharge ·only in respect to fi nanci a 1 ob 1 i gat ions of each 1 at or b 1 ock described in the re 1 ease. 12. SPECIFIC PROVISIONS RELATING TO THE SALE OF LOTS The Owner covenants and agrees that in any agreement for sale, conveyance or other disposal of any lots or blocks on the Plan the person to \·thorn the transfer is made shall enter into a covenant with the Owner to abide by the provisions of this Agreement. Compliance with the provisions of this Agreement by the person to whom the transfer is made shall be deemed to be compliance therewith by the Owner. 13. REGISTRATION OF THE AGREEMENT The O>mer hereby agrees that this Agreement and the Schedules attached hereto shall be registered upon the title to the lands covered by the Plan, at the Owner's cost. 14. INTEREST Interest shall be payable by the Owner to the Town on all sums of money payable under this Agreement or including the provisions of Part 11 of this Agreement, which are not paid within thirty days from the due date. The rate of interest payable shall be at the rate of 18 per cent per annum. 15. SPECIAL PROVISIONS The Owner and the Town covenant and agree with each other to abide by and comply with the various special provisions as set forth in Schedule "L 11 annexed to this Agreement. 16. EXECUTION OF PROVISIONS OF THE AGREEMENT The parties hereto covenant and agree that where they or their authorized agents are required to act under the provisions of this Agreement such action shall be executed in good faith and in a diligent and reasonable manner. 17. CANCELLATION OF AGREEMENT In the event this Plan is not registered within three years from the date hereof, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void • i·' .• \ ·" PART ll 1. GENERAL PROVISIONS AND CONDITIONS RELATING TO THE CONSTRUCTION ANO INSTALLATION OF THE VARIOUS SERVICES PUBLIC SERVICES The Owner at his own expense, and in the manner and. within the time limit hereinafter referred to shall construct or cause to be constructed, the various services set forth in Schedule 11 C11 , 11 0 11 and 11 E11 to thi.s Agreement. 2. COST ESTIMATE OF INSTALLING PUBLIC SERVICES Annexed to this Agreement and marked as Schedule 11 0 11 is an estimate of the cost of installing the services as referred to in Schedule 11 C11 to-this Agreement. 3. 4. PROFESSIONAL ENGINEER (1} The Owner agrees to retain a Professional Engineer who holds a certificate of authorization, as required by the Professional Engineers Act of the Province of Ontario, as the Professional Engineer for the 01·mer to carry out all the necessary engineering, including design, contract administration, and resident inspections of the work requi.red for the development of the Subdivision: (a} to prepare designs; (b) to prepare and furnish a 11 required dra\.,.ing.S; (c) to prepare the necessary contract(s); (d) to obtain the necessary approvals from the Tm1n and any other authorities having jurisdiction; (e) to provide the field layout, contract administration and the resident inspections of canst ruction. APPROVAL OF PLANS AND SPECIFICATIONS AND COST ESTIMATES The Owner and the Engineers employed by him shall prepare the plans and specifi- cations for the public services as set forth in Schedule 11 C11 , 11 0 11 and 11 £11 to this Agreement and the Town Engineer and ToWn Superintendent shall approve such plans and specifications and cost estimat·es which are set forth in said Schedules to this Agreement. 5. GRADING AND DRAINAGE PLAN (1} The Owner shall prepare a grading plan approved by the Town Engineer and Town Superintendent showing the existing and final elevation referred to a geodetic bench mark or an established Town of Aurora bench mark and also the final grades of a 11 the roads. (2} The Owner agrees: (a) To· prepare a detailed eng.ineering and drainage report, acceptable to the Ministry of Natural Resources, which will describe the means whereby: (b) '(i} storm water will be conducted from the site. (ii} erosion and siltation and their effects will be. ·contr9lled and minimized on the site prior to, dud ng, and after construction. To carry out or cause to be carried out works recommended in Subsection (a) of this clause • .... 6. 7. -2- DRAINAGE {1) The Owner agrees to construct all work necessary to provide for the proper drainage of all the land included in the Plan. The said drainage I'I'Drk shall be constructed in accordance with plans and specifications (including the grading plan referred to in Section 5 of Part 11) to be submitted to and approved by the To'm Engineer and Town Superintendent. {2) If the drainage works required by the Town Engineer and Town Superintendent results in drainage outside the immediate boundaries of the Plan, all such work shall be carried out by means of storm dra'i ns and appurtenances of sufficient size to a natural 1vater course or existing outlet. The design of such works will be based on the run off which can be expected for the area when completely built up with buildings, pavements, sidewalks and· parking areas. {3) If during the course of construction of the various services on the Plan, the construction of buildings on the Plan, it becomes apparent to the Town that further drainage '10rk should be necessary upon the lands covered by the Plan or irrmediately beyond the boundaries thereto, the Owner shall, upon receipt of written notice from the Town Engineer and Town Superintendent, forthwith construct and provide such further drainage works as requested, at the owner•s expense. {4) The Owner further agrees that the said drainage plans wili indicate any known existing tile drainage system. CONSTRUCTION OF PUBLIC SERVICES The Owner shall construct and install all of the public services referred to in Section 1 of Part 11 of this Agreement in a good and workmanlike manner in accordance with the Engineering drawings and specifications referred to in Section 4 of Part 11. 8. COMMENCMENT OF CONSTRUCTION OF PUBLIC SERVICES (1) The Owner shall not commence the construction of the public services unt i 1 : . ' (a) the requirements of Schedule 11 K11 are complied with; {b) satisfactory performance bond or financial security provided to Town Clerk; (c) the drainage plans referred to in Section 6 (1) of Part 11 have been submitted to and approved by the Town Engineer and Town Superintendent; {d) the Engineering drawings referred to in Section 4 of Part II have been submitted to and approved by the Town Engineer· and Town Superi nte~dent; (e) the cost estimate referred to in Section 2 of Part II has been submitted to and approved by the Town Engineer and Town Superintendent; {f) the Owner has given 48 hours written notice to the Town Engineer and Town Superintendent of his intent to commence construction; {g) the liability insurance policy referred to in Section 13 of Part II of this Agreement has been filed with the Town • 'I!'"" --·-__ f~~l _____ , 8. ,•, ·~ 9. . 10. l_j • c ) -3- COMMENCEMENT OF CONSTRUCTION OF . .PUBLIC SERVICES (continued) (2) The Owner agrees that he shall construct all services to completion with the exception of the final course of asphalt within t"enty-four (24) months of the date of the registration of the Plan, except as provided for in constru'ct.ion staging as detailed on Schedule 11 C11 , Clause 10 of this agreement. {3) In the event that the Owner after commencing construction of any of the public services, should abandon same, then the 0\-mer shall not recommence work until it has given 48 hours written notice to the T01·m Engineer and Town Superintendent of theTown. INSPECTION OF PUBLIC SERVICES (a) All of the Public Services, referred to in Section 1 of Part II, shall be installed strictly in accordance with the minimum specifications more particularly set out in Schedule 11 E11 of this Agreement and all such insta.11ations \Vi11 be made throughout under the inspection of the Town Engineer and Tm·m Superintendent. (b) The Owner shall insure that no mud·, dust, refuse, ru.bbish, and other litter of any type originating from within its Subdivision or from delivery vehicles proceeding to make deliveries within its Subdivision shall be tracked, deposited or fall or be blo11m onto any high\.,.ay of the Town and in the event that any mud, dust, refuse, rubbish and other litter of any type should be found upon the said highways, the Owner shall remove the same to the ·satisfaction of the Town on the same day of the giving of (b) notice to the Owner or its agent. If the Owner has not caused the same to be cleaned up forthwith, it is agreed that the Town may proceed with such clean-up work at the Owner•s expense, and under the rates and surcharge provision of Section 16, Part II of this Agreement. {c) The 011mer, its successors· or its assigns, agr·ees to neither dump nor permit to be dumped any fill or debris on, nor to remove or permit to be removed any fill from any lands of any public authority or private owner, other than in connection \'lith the actual construction of roads in the Subdivision, without the written consent of the To11m or the Owner of such lands. The Owner shall, on request, supply the Town with an acknowledgement from such public authority or o~tmer of the m·mer• s compl i a nee with the ·terms of this clause • USE OF SERVICES BY THE TOWN (1) The Owner agrees that the various services constructed by the Owner on the Plan may be used by the Town or other authorized persons for the purpose for wh.ich such services are desi·gned. (2) It is further agreed that the use of such services by the Town shall not be construed as acceptance of the services by the Town. (3) It is further agreed that the use of such services by the Town shall not in any. way relieve the Owner of his obligations in respect to the construction and maintenance of the services so used. 11. 12. 13. -'---· -4- CONNECTION TO EXISTING SERVICES (1) The Owner covenants and agrees that where in the opinion of the Town Engineer and Tm1n Superintendent any or all of the various services which the Owner is required to constrUct under the provisions of this Agreement should be connected to or joined into existing municipal services outside the Plan, then the Owner shall join into the adjustment of any grades where necessary, in a good and workmanlike manner in accordance ivith ·plans and specifications to be submitted to and approved by the Town Engineer and Town Superintendent. (2) The O•mer shall pay for any easements required to connect the Town's existing services to services within the Plan and, in the event such easement or easements shall not be obtainable without expropriation. The easement or easements shall be conveyed to the Town and the trunk sewer and/or watermai n shall be the property of the Town. OVERSIZING OF PUBLIC SERVICES ( 1) In the event that the Owner is required by the To•m to install services across the Plan of a size greater than required to serve the Plan, as determined by the T011n Engineer and Town Superintendent, in consideration of the 0\'/ner installing at its own expense any such oversized services, the Town agrees that the said Owner is entitled to be compensated by the Owner or Owners of lands who make use of such services, such compensation to be calculated on the difference between the total cost of the oversized services, as required to be installed and the total cost of the services required only to service the said subdiv)sion at the time such oversized services are installed. (2) Within thirty (30) days of acceptance of such services by the Tovm, the Owner l'li 11 submit to the Town Engineer and To\'m Superintendent its receipts for construction of such oversized services and the Town Engineer, whose decision shal) be final, shall determine the compensation to be paid and will issue a Certificate stating the amount of such compensation to the Owner within sixty (60) days, from the time that such receipts-are delivered to him. (3) The Town agrees that it will requir• other land owners who will use the said oversized services, to pay part or all of such c·ompensation to the Town prior to the registration by any such owners of a p 1 an of subdivision and wi 11 pay such compensation collected to the Owner herein less any costs incurred by the Tmm in calculating and collecting the same, but in no event shall the Town be liable to the Owner, its successors or assigns, for fa i1 ure to co 11 ect such compensation. OIINER ' S LIABILITY Until the Town has accepted the public services by Resolution of Council, the Owner does hereby indemnify the Town against all actions, causes or action, suits, claims and demands \oJhatsoever which may arise either directly or indirectly by reason of the construction maintenance or repair of such services. 14. f INSURANCE (1) The Owner covenants and does hereby indemnify and save harmless the Town from any liability to third parties arising from acts required to be done by the owner under the terms of this Agreement or any subsequent Agreement to a maximum amount of one million dollars ($1,000,000.00). ··'ft .• ,. _________ l] ___ _ 14. 15. :.1 I ~.: I' 16. !'1 "" r~: .• -5- INSURANCE (continued) (2) The Owner agrees to lodge with the Town, forthwith upon entry into an agreement for the installation of services with a general contractor, an insurance certificate provided by the owner's contractor, or agent with an Insurance Company satisfactory to the Town to insure for the jOint benefit of the Owner and the Town against any liability that may arise out of the construction or installation of any work to be performed pursuant to this Agreement, and shall not be terminated until the end of the maintenance period as defined herein. The pol icy shall have no exclusion for blasting and must contain a 11 COmpleted operations 11 clause. The Owner shall prove to the satisfaction of the To\'m, from time to time as the To\lm Engineer and Tovm Superintendent may require, that all premi urns on such po 1 icy or po 1 i ci es of insurance have been paid and that the insurance is in full force and effect. ENGINEERING FEES (1) The Owner agrees to pay to the Town prior to the To>m communicating its approval of the final plan to the Regional Municipality of York an engineering fee for the engineering services rendered by the Town Engineer and Town Superintendent in processing engineering drawings relating to the various public services to be installed by the Owner for the Town as set forth in Schedules "C 11 , "D" and "E" ·to this Agreement and to give approval to such engineering drawings and also for the services rendered on the final inspection of such public services in order to give a certificate of acceptance of the same. The amount of money paid to the Tmm under the provisions of this Subsection shall be calculated on basis of 3% of the accepted tendered price of the construction and installation of such public servi.ces. In the event that the accepted tendered price is not available at such time, then the amount .of money payable to the Town shall be based on the cost estimate as submitted by the Owner to the Town as set out in Schedule "D" to this Agreement. In any such event the fees so paid shall be adjusted accordingly vthen the accepted tendered price is ascertained. (2) The parties hereto a~ree that to under Subsection (1) shall development agreement. the payment of fees referred be on execution of this (3) When and where the Town Engineer and Town Superintendent detennines that the various public services being constructed requires on-site inspection staff to maintain proper construction in accordance with the terms of this Agreement, the To~m Engineer and Town Superintendent shall have authority upon written notice to the Owner to hire staff and the Owner shall be responsible to pay all costs plus I5 per cent (15%), and the account or accounts for engineering. inspection shall be paid within thirty (30) days after rendering of same. PERFORMANCE SECURITY ( 1) In order to ensure the performance by the Owner of the various public services, and other matters to be performed by the O~mer under this Agreement, the Owner s·hall deposit \'lith the Town a Letter of Credit or other similar negotiable securities approved by the To'ltn, in the amount of fifty per cent (50%) of the estimated. total costs of the services as referred to in Section 2 of Part II • "·~··. -,. " . . '"" '--·-~-~~A-AAO-~>-U~··~~·~~~-~-" ~ ' ,;, 1:: !:'i iii li' ;:r I ~ : ... ::i .• . . . :. ,, -, _' .~---~~~-·-.-------~---~------··-·~~··-v~~~-. ~. -'"'"-'""•""•"-"""'-""•"- 16. 17. -6- PERFORMANCE SECURITY (continued) (2) (3) The Town may from time to time reduce, subject to Clause (l) above the amount of securities referred to in Subsection (1) to ten per cent (10%) of the original cost of the entire project provided that such amount represents at 1 east one hundred per cent (100%) of the work to be completed for the services referred to in Subsection (1). Such services shall be deemed to be completed for the purpose of reducing said securities Hhen the provisions for the issuance of the letter of certification of completion for said services as referred to in Section 18, hereafter, have been complied with by the Owner. In exchange for the release by the T01·m of the securities in Subsection 2, the Owner shall provide the To~om with an acceptable maintenance guarantee in the form of a Letter of Credit or other similar negotiable securities approved by the Town to cover the period of maintenance. Such securities shall not exceed ten per cent (10%) of the estimated total cost of the various services as referred to in Subsection (2). (4) Should the Plan be sold and this Agreement transferred to a new Owner, the Council may increase the value of said securities to be provided by this new 0\'mer for both performance and maintenance of the work. (5) The securities referred to in Subsection (1), shall be deposited with the Clerk of the Town prior to the Owner commencing any of the work provided for herein and before any building permits are issued. DEFAULT OF OWNER IN PERFORMANCE OF WORK If, in the opinion of the Tmvn Engineer and Town Superintendent, the Owner is not prosecuting or causing to be prosecuted the work required in connection with this Agreement so as to ensure the completion of such work within the time limited by this Agreement, or is improperly performing the work, or if the Owner .shall neglect or abandon the work before completion, or unreasonably delay the same so that the conditions of this Agreement ar·e being· violated, or if the \Vork is being carelessly executed, or is not being proceeded with diligently or in good faith so as to meet all requirements of this Agreement, or if the Owner neglects or refuses to repair or replace or again perform such work as may be rejected by the Town Engineer and Town Superintendent as defective or unsuitable, or if the Owner in any other manner, in the opinion of the Town Engineer and Town Superintendent acting in good faith and not unreasOnably, makes default in performance of the terms of this. Agreement, then in any such case the Tmm Engineer and Town Superintendent may notify the Owner in writing of such default or neglect and of any steps to remedy same which must be taken by the Owner and if the defaults complained of are not remedied and the notice complied with within ten clear days after such notice, then in that case the Town Engineer and Town Superintendent shall thereupon have full authority and pm<er immediately to purchase such materials and rent such tools and machinery and to employ such workmenas in his opinion shall be required for the proper completion of the said work in accordance with the requirements of this Agreement and complete the said work at the cost and expense of the Owner. If, in the opinion of the Town Erigineer and Town Superintendent such work must be done quickly because of any emergency, the existence of which the Town Engineer and Town Superintendent shall be sole judge, then such work m~ be done without prior notice to -the Owner, but the Owner shall be forthwith notified. The cost of any work (!one by the Town pursuant to this clause shall be calculated by the Town Engineer and Tow·n Superintendent whose decision shall be final and such costs shall include a management fee of ten per cent (10%) of I ' I ! I ! I I 17. 18. 19. .... • -7- DEFAULT OF OWNER IN PERFORMANCE OF \vORK (continued) the cost of a 11 1 abour, materia 1 s and equipment, incurred to complete the work and further, a fee of thirty per c.ent (30%) of the charges so determined .as compensation to the Town for the ~;wrk of the Town Engineer and Town Superintendent and for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner. The Town may at any time use all or part of the Performance Security referred to in Section 16 of Part II to pay the cost of said liork and the fee referred to above. In the event that the Performance Security is not sufficient to pay such amount, then the Owner shall pay to the Town on demand, any such additional cost. CERTIFICATION OF COMPLETION OF PUBLIC SERVICES ( 1) (2) (3) When the various services referred to in Section 1 of Part II have been completed in accordance with the Town 1 s specifications referred to in Section 4 of Part II and to the satisfaction of the Town Engineer and Town Superintendent, a letter certifying the completion of the various services will be issued by the Town Engineer and Town Superintendent to initiate commencement of the maintenance period referred to in Section 18 of Part II. It is the understanding between the parties hereto that the services can be installed for the whole Plan or for sections of the Plan and providing the various services of such a section can be connected to a suitable existing connection or outlet, the Tm·m Engineer and Town Superintendent shall if so requested, issue a certifying letter of completion for the section of services completed for specific lots or blocks within the Plan. A letter of certification shall be issued by the Town Engineer and Town Superintendent for satisfactory installation of the various services based on the following order of completion for the whole or section of the Plan: (a) for completion of underground services including sanitary and stonn ~ewers, with service laterals and catchbasins and water~ains with connections and complet.ion of roadwork including granular base, curbs and base course of asphalt. (b) for completion of the top course of asphalt, sidewalks and finished grading of boulevards. (c) it is agreed that no building on any of the said lands may be occupied and the Town will not issue a certificate of occupancy therefore until all public services within the Plan of Subdivision have been accepted for performance and all grading of any part of the said Plan of Subdivision which affects the lands concerned has been completed in accordance with the te_rms of this Agreement. GUARANTEE AND MAINTENANCE PERIOD (l) The Owner hereby guarantees a11 the public services to be constructed under the terms of this Agreement from all defects ·in workmanship or material for a period of two years from the date of the 1 etter of cert ifi cation for any of the 19. 20. .• -8- GUARANTEE AND MAINTENANCE PERIOD (continued) {1) various services issued by the Town Engineer and Town Superintendent, except for the items included \'lith the final course of asphalt as per Section 18 (3) (b) of Part II which shall be for a minimum of one year, or for the remainder of the two year maintenance period for items included with the base course of asphalt as per Section 18 (3) (a) of Part II, whichever is longer, and which shall also include curbs and cleaning of sewers and appurtenances until the end of the maintenance period of the roads. (2) Prior to acceptance of the roads to be constructed hereunder, the Town may at its discretion from time to time remove snow and ice from the said roads, but such acts as snow and ice removal shall not be deemed to be acts of acceptance of the roads by the Tmm, it being clearly understood by the parties hereto that none of the services to be constructed under this Agreement will be accepted until a clearance certificate has been issued by the Town Erigineer or Superintendent as hereinbefore set out. FINAL ACCEPTANCE OF PUBLIC SERVICES (1) The Owner shall be entitled to receive from the Town Engineer and Town Superintendent, a final Certificate of Acceptance for each group of services for which the certification of completion letter has been issued under the provisions of Section 18 of Part II on the expiry of the guarantee and maintenance period referred to in Section 19 of Part II r·elating to such services, provided: (a) that the Owner furnishes to the Town Engineer and To;m Superintendent a statement by a registered Ontario Land Surveyor to the effect that all standard iron bars as shown on the Registered Plan of Subdivision, are in their correct location; (b) that all grading of land within the Plan has been completed to the satisfaction and approval of the Town Engineer and Town Superintendent; (c) that the Owner has erected or caused to be erected at the time of final surveying of standard iron bars, a geodetic bench mark monument within the Plan of Subdivision; (d) that the O~tner has deposited with the Clerk of the Tmm, one set of 11 aS constructed11 original linens or mylar, and two sets of prints of all services for \'lhich the certification of completion letter has been requested under the provisions of Section 18 of Part II. (2) Prior to the issuance of a final Certificate of Acceptance and the final payment of all accounts, less normal holdbacks, the Town Council must first adopt a written report by the Town Engineer and Town Superintendent that all the various services have been constructed or installed to specifications and that the roadways are in the required conditions to be assumed and that all municipal departments have been informed of this matter. (3) ·Upon the issuance to the Owner of a final Certificate of Acceptance of a 11 the public services referred to in Section 1 of Part II of this Agreement, the Owner shall be entitled to receive from the Town the return of all performance securit-ies referred to in Section 16 of Part II of this Agreement provided that the Owner submits to_the Town a statutory declaration that all accounts relating to such services have been paid in full • 20. ~~- ) !;i ,, ,, i,' i!i ,:; "" I i:i i"i ;: i: ,. j,' .... -9- FINAL ACCEPTANCE OF PUBLIC SERVICES (continued) (4) Upon the final Certificate of Acceptance being issued, the ownership of the public services shall be vested with the Town, and the Owner shall have no claims or rights thereto, other than those accruing to it as an mtner of ·land abutting on streets in which the services were installede .. 1 .. ~· . . PART III - 1 • ,, ( PART II I NOTICES AND SCHEDULES NOTICES (l) Any notice required to be given under the provisions of this Agreement may be given by registered mail addressed to the other party at i'ts principle place of business and shall be effective as of the date of deposit thereof in the post office. (2) The principle place of business of the various parties to this Agreement as referred to in Subsection (1) is as follows: The Corporation of the Town of Aurora 50 Wellington Street, Hest, Aurora, Ontario L4G 3L8 Markborough Properties Limited, 90 Eglinton Avenue, West, Toronto, Ontario. M4R 2E7 2. ..... r· PART I II -2- ·SCHEDULE The fo 11 owing is a 1 i st of the various schedules annexed hereto and fanning part of this Agreement: Schedule 11 A'' Plan of Subdivision Schedule 11 8 11 -Descriptio'n of Land Affected by thi"s Agreement. Schedule 11 C11 -Services to be installed by the Owner. Schedule 11 0 11 -Estimate of the Cost of installing the Services as referred to in Section 2 of Part II of this Agreement. Schedule 11 E11 -Specifications of the Services as referred to in Section 2 of Part II of th·is Agreement. Schedule 11 F11 -Landscaping Schedule 11 G 11 -financial Contributions to be Pa'id to the Town. Schedule 11 W -Lands to be Conveyed to the Town Schedule III II -Not Required Schedule IIJII -Dedication of the Various Blocks as Public Walkways and Public Highway. Schedule IlK II -Not Required Schedule Ill II -Not Required .... • 1': ;.1 '" . !i PART I II -3- THIS AGREEMENT shall enureto the benefit of and be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF the parties of the first, second and third part have hereunto affixed their corporate seals duly attested to their proper officers duly attested to be their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ~ MARKBOROUGH PROPERTIES LIMITEC IN THE PRESENCE OF l Per: ------------------------ l l l l ) Per: ----------------~------ THE CORPORATION OF THE TOWN OF AURORA Mayor Clerk 'IIF J.! .• SCHEDULE "A" This Schedule shall include the Plan of Subdivision as approved by the Town and by the York Region and shall be a copy of the final M Plan as pt·epared by the Owner•s surveyor for registration in the Land Titles Office in Ne~narket. :: i! . •:: ... ·-------.~--_;_~_- SCHEDULE 11 811 TOTAL LEGAL DESCRIPTION The lands included in the Plan are composed of Lots 170 to 180 both inclusive, Lot 225 to 236 both inclusive, Blocks B and 0 and Walk~;ay Block L, Registered Plan H-57 in the To~;n of Auora Regional Hunicipality of York • _;: ; SCHEDULE 11 C11 SERVICES TO BE INSTALLED BY THE OWNER 1. 2. 3. 4. 5. 6. 7. The 01.,rner shall construct or cause to be constructed~ the following services on the various ·streets, easements and public \ltalkways shown on the Plan of Subdivision in accordance with the· plans set forth and cost estimates on Schedule 11 0" and specifications set forth in Schedule 11 E11 , hereto annexed: (a) the grading and paving of all streets including the installation of granular material in order to provide a proper base for paving; (b) curbs and gutters on all streets; (c) (d) (e) (f) watermains, stonn and sanitary sewers, and service laterals; the grading and paving of all driveways between the curbs and dwelling; the top soiling and sodding of all boulevards (being the area between the curbs and the lot line); sidewalks_ on the various streets_ and \Val kways. (a) the owner shall contour, grade and provide topsoil and seed Block 11 8 11 within the Plan conveyed to the Tmm for parkland in accordance with grading plans approved by the Town Engineer and Town Superintendent~ (b) The 01mer shall contour and seed Block "A" if the regrading of such Block is required or if the natural vegetation on such Block is disturbed. The Owner shall maintain Block 11 A" in an acceptable manner compatible to ·adjacent residential properties. All laterals in regard to \1/atermains, storm and sanitary seNers shall be constructed from the services located on the street to the street line on said lots and on any vacant lot not built upon, not later than 12 months prior to placement of final coat of asphalt. (a) Streets on the Plan shall be named to the satisfaction of the Town and the Regional Planning Department. (b) The Owner shall at his expense including installation, provide all traffic signs and street name signs -in accordance with the Town's By-laws and specifications. (a) The Owner shall install at his expense, the street lighting for the Plan as set out in an Agreement with the Aurora Hydro-Electric Commission and approved by the Town. (b) 'All Hydro-Electric, Bell and Cable T.V. lines shall be constructed as below ground services. Trees, other than those which are diseased or dead, shall not be removed without prior approval of the Town. Construction of Weeping Tile The weeping tile around each dwelling shall be constructed in accordance \'lith the size and specifications as required by the Building Inspector. In order to properly drain the basement and the roof of the dwelling erected on such lot, a tile system shall be ccnstructed of a size and specifications that meet the approval of the Building Inspector and shall be connected to the storm sewer on the street. 8. 9. i:: i ~ i ' ,,. r:i fii 1;: i:: i: "' ,, ;!• ;:: ' ~ " .• -2- SCHEDULE 11 C11 Water Meter Provisions The piping within the house shall provide an approved water meter gap prov1 s 1 on. The Owner sha 11 pay or cause to have paid to the Town the cost of installing a 11ater meter for each unit. The Owner shall deposit or cause to have deposited the sum of $100.00 towards the cost of installing the \'later meter for each unit prior to the issuance of a Building Permit for such unit. The Town shall install the water meter for each unit. Construction Vehicle Access All construction vehicles are to use the access designated by the Town Superintendent and T011n Engineer and it is further agreed that all streets abutting on the said Plan of Subdivision and used for access during the construction shall be kept in good usable condition by the Owner during the said construction and, if damaged, will be restored from time to time by the Owner upon completion of the buildi·ngs on the said Plan to the satisfaction of the Town Engineer and Town Superintendent. ) .... • . SCHEDULE "D" DETAIL SHEETS AND PLANS OF SERVICES AND ESTIMATE OF THE COST OF INSTALLING THE SERVICES AS REFERRED TO IN SECTION 2 of PART II OF THIS AGREEMENT . ' I . •• SCHEDULE "E" SPECIFICATIONS FOR THE SERVICES AS REFERRED TO IN SECTION 4, OF PART II OF THIS AGREEMENT 1. The following portions of the Tender Document are those specifications for the Services as referred to in Schedule ncu and 11 0 11 of this Agreement and shall form part thereof. Specifications .and Contract Document prepared by:- -.. _U_ ' ··--~ l;i ,, ' .:: '• Iii ;·r ii' ,,; .. II' !!' ' ,, ., ;·, . i·! 1•, li ... '• ii' 'i' !" LANDSCAPING 1. SCH.EDUL£ 11 f 11 The Owner covenants and agrees with the Town that it will exercise or cause to be exercised compliance with the follm>~ing landscaping provisions:- Sodding and Grading (i) The owner shall strip all topsoil from any lands to be regraded and shall stockpile same on the site to be used for the. purposes of topsoiling the road allowances following construction, and any topsoil required for the Block 11 0 11 parkland; (ii) Each lot shall be graded in accordance with the Lot Grading Plan relating to the entire Plan of Subdivision as approved by the Town Engineer and Town Superintendent; {iii) Each lot shall be topsoiled and sodding shall be laid on the front, side and back.yards of each of the lots on the Plan upon completion of the construction of a dwelling on each lot, and the balance of any topsoil shall be for the disposal and use of the' municipality. .. 1 • 2. \ I 3. 4 • .... SCHEDULE 11 G II FINANCIAL CONTRIBUTIONS TO BE PAID TO THE TO\m The owner agrees to pay to the Town all levies, whi-ch shall include lot levies, recreation development fees, service levies as follows:- (i) The amount of $2,895.00 for each of the 66 dwelling units. The fees in subclause ( i ) shall be paid prior to registration of the Plan of Subdivision. Contribution to S.P. Station. Contribution to Administration Costs. ~·~ ------~] _____ _ !' LANDS TO BE CONVEYED FOR PUBLIC SERVICES The Owner shall convey to the Town title in fee simple. free from all encumbrances the various parcels of land on said Plan as hereinafter described: PART ONE: (a) N/A (b) for the purpose of public parks -Block "B" PART T\~0: PART THREE: N/A PART FOUR: N/A . ' ,l) ' SCHEDULE II I II The Twn covenants and agrees to permit the York Region Roman Catholic School Board access to Block "8 11 on the Plan, the park area, for the_ purpose of an entrance or exist to the adjoining York Region Roman Catholic School Board Site, for purposes of off-street loading and unloading of school buses. ' ; .,.··n. :-~ . .,:· .-·- •.--' . ,, ''.:~ '; D., SCHEDULE "J" DEDICATION OF VARIOUS BLOCKS AS PUBLIC WALKWAYS AND PUBLIC HIGHWAYS PART ONE N/A Streets to be dedicated on the Plan as Public Highways: Odin Crescent as shown on Registered Plan Schedule 11 A11 • .... l ___ .