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HomeMy WebLinkAboutBy-law 2372/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2372]87 Being a by-law to authorize the execution of a Development Agreement respecting Part Lot 29, Concession 1, Pickerlng (Parts 1 and 2, Plan 40R-10007; Bramalea Limited]Durham Region Roman Catholic Separate School Board) WHEREAS the Durham Land Division Committee, by Decision LD 690/86, dated November 17, 1986, consented to the severance of Parts 1 and 2, Plan 40R-10007 from the adjacent lands in order to provide for the development of a high school by the Durham Region Roman Catholic Separate School Board subject to certain conditions, one of which will be satisified by the entering into of a satisfactory Development Agreement with The Corporation of the Town of Pickering; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Development Agreement, in the form attached hereto as Schedule A, respecting the development of that part of Lot 29, Concession 1, Picketing, designated as Parts 1 and 2, Plan 40R-10007 (LD 690/86); Bramalea Limited/Durham Region Roman Catholic Separate School Board. BY-LAW read a first, second and third time and finally passed this 2nd day of Feb- ruary, 1987. ToWN OF APPROVED LEGAL SCHEDULE A THIS AGREEMENT made this day of , 1987. BETWEEN : BRAMALEA LIMITED hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the nTownn OF THE SECOND PART. WHEREAS the Owner proposes to convey that part of Lot 29, Concession 1, in the Town of Picketing in the Regional Municipality of Durham, designated as Parts 1 and 2, Plan 40R-10007, to the Durham Region Roman Catholic Separate School Board, and is therefore required, in order to comply with Condition 2 of Durham Land Division Committee Decision LD 690/86 to satisfy the development requirements of the Town relating thereto; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town advising the Committee of its satisfaction with those requirements and of covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follow s: LAND AFFECTED The lands affected by this Agreement (the "Lands") are that part of Lot 29, Concession 1, Pickerlng, designated as Parts 1 and 2, Plan' 40R-10007. 2. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. 3. INTERPRETATION Whenever in this Agreement the word "Owner", and the pronoun "itu is used, it shall be read and construed as "Owner or Owners", and "his", "her" or "them", respective]y, and the number of the verb agreeing therewith shall be construed accordingly. TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit and be binding upon the Parties hereto, their successors and assigns, of 6. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. CONSULTING ENGINEERS (i) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the Lands. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. STORM DRAINAGE (1) The Owner shall construct a complete storm drainage system, including storm water management facilities storm connections to the street line and catch basin leads to service the Lands and to provide capacity for lands upstream thereof, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (3) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the Lands to service the Lands and the lands outside the Lands, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. Should, in the opinion of the Director of Public Works, an inadequate stream, structure or facility exist in the outlet system outside the plan of subdivision, the Owner may be required to carry out such works as are necessary to provide an adequate outlet. (4) The Town may connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the sewer system by the Town. (5) No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency, 10. BOULEVARDS The Owner shall keep all boulevards clear and free of materials and obstructions. 11. ROADS (1) During the development of the Lands, the Owner shall maintain and repair roads where construction has taken place or that are used by construction traffic entering the Lands and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (2) The Owner shall erect and maintain adequate signs to warn all persons using the roads adjacent to the Lands that construction is taking place. (3) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 12. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to Lands, it shall be provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Commission, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 13. INSPECTIONS (1) All works required to be constructed by the Owner, except those re- ferred to in section 12 shall be installed under the observation of Inspec- tors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (2) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 14. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, naming the Town as an insured and indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner on the Lands and elsewhere. (2) (3) (4) The amount of the Policy shall be $5,000,000. In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewal or renewals within 30 days of the account therefor being rendered by the Town. It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 15. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 13 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date thai the works are completed and such completion acknowledged, in writing, by the Director of Public Works. The Owner may, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; and (c) seventeen per cent (17%) of the original value where, 4 (4) (i) a certificate of final completion has been made by the Owner's Consulting Engineer; (ii) 45 days following the making of such certificate have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; which seventeen per cent (17%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 16. DRAINAGE (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the Lands, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the Lands to provide for the proper drainage thereof and the drainage of all adjacent ]ands which drain through the Lands. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage and Storm Water Management Specifications in effect at the date of this Agreement, and shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or wa]kways unless provision is made for the installation by the Owner, at no cost to the Town, of suitable swales and catch basins to manage adequately, in the opinion of the Town's Director of Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation and the Metropolitan Toronto and Region Conservation Authority. (4) The grading of all lands shall be carried out by the Owner in accordance with the approved Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. (6) The Owner shall sod all at grade storm water drainage or management facilities except for paved areas, upon the completion of the construction of buildings. 17. INCOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the (3) (4) Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notifica- tion be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice hut the Owner shall be forthwith notified. The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 18. TRANSFERS - EASEMENTS (I) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm sewer services both within the boundaries of the Lands and across lands adiacent thereto but outside its boundaries. (z) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1) shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the ]ands across which the easement shall lie. 19. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk. (b) Continuation of Existing Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (i). (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Construction Traffic (e) (f) Wherever possible, to ensure that construction traffic serving the devel- opment of this plan does not use roads having occupied residential units fronting thereon. Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. Relocation of Services (i) (ii) To pay the cost of relocating any existing services and utilities caused by the work within 30 days of the account for same being rendered by the Town. Similarly to pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (g) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (h) Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (i) Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (j) Engineering Drawings Prior to the final acceptance of the works to supply the Town with the original drawings of the engineering works for the Lands with amendments, if any, noted thereon. 20. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building on the Lands until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (2) No building or part of a building on the Lands shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof~ (ii) Electric service is completed and in operation; (iii) An asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing main- tained public road; and (iv) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on that road and extend to an existing maintained public road. 2i. SITE PLANNING (1) The Owner shall, prior to the issuance of any building permit for the construction of any building to be erected on the Lands, submit to the Director, for approval, site plans and architectural drawings for that building which approval shall not be unreasonably withheld. (2) The plans and drawings referred to in subsection (1) may be required, at the Director's option, to provide the following information: (i) (ii) (iii) (iv) (v) (vi) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; the location of landscaping £eatures, including trees to be preserved; streetscape for front and rear elevation at a scale accept- able to the Director; streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information required. 22. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on the Lands as required by law from time to time. (b) Local Improvements Prior to the registration of this Agreement, to prepay any outstanding local improvement charges which are levied against any of the Lands. (c) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (d) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of this Agreement or any other related documentation, including transfers, in the Land Titles Office. (e) Lien or Other Claims Upon applying for final acceptance of the works to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the works or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 23. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner shall provide to the Town at least BO days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 24. LANDSCAPE PLANNING (1) The Owner shall, prior to the issuance of any building permit for the construction of any building to be erected on the Lands, submit a landscaping plan for the Lands to the Town for approval. (2) Upon approval by the Town of a landscaping plan, the Owner shall con- struct, install or plant the landscaping works, as the case may be, in conformance with the landscaping plan. 25. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS The Owner shall complete the works required under this Agreement within two years from the date of the registration of this Agreement and shall guarantee the workmanship and materials for a period of two years from the date that the works are approved in writing by the Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED BRAMALEA LIMITED THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk