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HomeMy WebLinkAboutBy-law 3564/90 THE CORPORATION OF THE TOWI~ OF PICKERING BY-LAW NO. 3564190 Being a by-law to authorize the execution of a Development Agreement between the Town and The Durham Board of Education respecting the development of Pine Ridge Secondary School on part of Lot 22, Concession 2, Pickering (Parts 1-4, Plan 40R-12102 and Part 1, Plan 40R-12344) WHEREAS as a condition of the approval of the plans and drawings for the development of Pine Ridge Secondary School on part of Lot 22, Concession 2, Picketing (Parts 1-4, Plan 40R-12102 and Part 1, Plan 40R-12344), The Corporation of the Town of Pickering requires that The Durham Board of Education enter into a site/development agreement pursuant to the provisions of the Planning Act 1983, S.O. 1983, chapter 1, and the MunicipalAct, R.S.O. 1980, chapter 302; NOW THEREFORE, the Council of The Corporation of the Town of Picker'mg HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Development Agreement, in the form attached hereto as Schedule A, between the Town and The Durham Board of Education respecting the development of the Pine Ridge Secondary School on part of Lot 22, Concession 2, Pickering (Parts 1-4, Plan 40R-12102 and Part 1, Plan 40R-12344). BY-LAW read a fa'st, second and third time and finally passed this 1st day of October, 1990. TOWN CF PICKERING APPROVED LEGAL Dr'PI'. SCHEDULE A THIS DE~ELOPMENT AGREEMENT m~de October 1, 1~0. BETWEEN: THE DURHAM BOARD OF EDUCATION hereinafter called ~he "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKF_.RING hereinafter called the "rown" OF TIIE SECOND PART. WHEREAS, the Owner proposes to develop that pan of Lot 22, Concession 2, Picketing, design~ed as Parts 1, 2, 3 and 4, Plan 40R-12102, and Part 1, Plan 40R-12344, as a secondap7 school to be known as the Pine Ridge Secondary School, and is required by the provisions of section 40 of the Planning Act 1985, S.O. 1983, chapter 1, to enter into a development agreement with the Town; NOW THEREFORE THIS AGREEMENT W1TNESSETH that in consideration of the Town approving the Owner's plans md drawings for the Pine Ridge Secondary School site, and the covenants heminnftes expressed, the Parties hereto covenant and agree one with the other ~s follows: The lands affected by this Agreement (the "Lands") are those pans of Lot 22, Concession 2, Picketing, designated ns Pans I to 4, both inclusive, Plan 40R-12102, and Part 1, Plan 40R-12344. 2. CAN~TION OF AGREEMENT In the event this Agreement is not registered on or before December 31, 1990, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void nmi of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner ns a result thereof. Any notice required to be given hereunder may he given by registered mail addressed .to the other Pn~y at its principal place of business and.shall be effective as of the second day immediately following the d~te of the deposit thereof m the Post Office. Whenever in this Agreement the word "..O~n., .er" and the pronoun "it~. is nsed, it shall be read and construed ns "Owner or Owners" and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. Time shall be of the essence of this Agreement. This Ag~ement and everything herein contained shah enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. 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. 8. OWNER'S GE~m_=RAL UNDERTAKING The Owner shall complete at its own expense and in a good workmantike manner, for the Town, aH the works and services as hereinafter set forth to the satisfaction of the Town of Picketing, and shaH complete, perform or make payment for such other matters as may be provided for 9. CONSULTING ENGINEERS (1) The Owner shaH retain a Professional Engineer as the Consulting Engineer of the Owner to can'y out all the necessary engineering and to supervise generally the work required to he done for the development of the project. (2) Such Consulting Engineer, or any successor thereto, shaH continue to he retained until the work provided for in this Agreement is completed and formally accepted by the Town. (3) This provisi.on shah not he construed so as t.o prevent the..Ov:'ner from changing from one Consulting Engineer to another at any tm~ or times during the development and construction of the project, so long as the Owner has a Consulting Engineer retained at (1) The Owner shaH construct a complete storm water drainage and management system, including storm connections 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 shaH maintain it, including cleating any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shaH be of sufficient 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 tnmk outlet. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the Lands, the Owner may he required to can'y out such works as are necessary to provide an adequate outlet. (4) The Town may connect or authorize connection into any p~t of the system but such connection shall not constitute acceptance of the sewer system by the Town. 11. LIVERPOOL ROAD SERVICES - CURBS AND GU'ITERS: ROAD DRAINAOE (1) The Owner shall comtruct curbs and gathers and aH necessary rond drainnge facilities on the east side of Liverpool Road from a point approxima~ly 285 metres south of the south-west comer of the l_ands to the north-west comer of the Lands, according to the specifications of the Town in effect at the date hereof and shall maintain them until they am formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a driveway, the Owner shaH construct a curb depression in the correct location nmi fiH in the original curb depression according to the specifications. 12. LIVERPOOL ROAD SERVICES - ROAD RECONSTRUCTION AND REPAIR (1) The Owner shah reconstruct the east side of Liverpool Road from a point approximately 285 m~s south of the south-west corner of the Lands to the north-west corner of the Lnnd~ and shah repal~ Liverpool Road where construction has taken place and where it is used by construction traffic entering the Lands and keep it clear of mud, dust, refuse, rubbish and other litter of all types. (2) The Owner shall erect and maintain adequate signs to warn ah persons using Liverpool Road that consuuction is occurring; such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. LIVERPOOL ROAD SERVICES - BOULEVARD RECONSTRUCTION (1) The Owner shall reconstruct and sod the boulevard on the east side of Liverpool Road from a point approximately 285 metres south of the south-west comer of the Lands to the north-west comer of the Lands, according to the specifications of the Town in effect at the date hereof and shah maintain it until it is accepted by the Town. (2) The Owner shall keep the boulevard clear and free of materials and obetmotions which might interfere with the installation of electric, telephone, gas or other utilities or the safe movement of vehicles and pedestrians. 14. ~L ROAD SERVICES - SIDEWALK The Owner shah construct a sidewalk on the east side of Liverpool Road from a point approximately 285 meues south of the south-west comer of the Lands to the no~h-west comer ~ of the Lands according to the specifications of the Town in effect at the date hereof and shah ,.' maintain it until it is accepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to the Lands, it shah he 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. 16. ON SITE DRAINAOE AND SODDING (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 lands to provide drainage thereof and the drainage of ah grading of the . for the proper adjacent lands which drain through the Lands. (2) The Grading Control Plan shah be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement, and shah not provide for the drainage of surface nm-off water omo Town-owned parkland, open space or walk'ways 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 Community Services and Facilities, that surface nm-off water. (3) The Grading Control Plan is subject to the approval of the Town's Directors of Public Works and Community Services and Facilities. (4) The gradin~ of all lands shall be carried out by the Owner in accordance with the .~. Orading Control Plan, under the supe~ision of the Owner's Conanltin~ (5) If, in the opinion of the Director of Public Work~, drainage problems occur lmor to fotmal acceptance of the works by the Town, the Owner shah correct them by re-grnding or by the construction of catch basins, swales or o~er suuctmns ns nmy be necesss_,y to correct such problems. (6) The Owner shaft sod that part of the Lands that are not built upon, except for paved, planted or treed areas. (1) Prior to the registration of this Agreement, the Owner shall pay to the Town the sum of $2,000 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those referred to in section 15 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. 18. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shah supply the Town with a Certificate of Insurance verifying that a Liability Insurance Policy is in ~mlace in a form satisfactory to the Tow?,. naming the Town as an insured and demnifying 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 ~ md elsewhere. (2) The amount of the Policy shall be $5,000,000. (3) In the event any renewal premium is nm paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or preminn~ and the Owner shall pay the cost of such renewal within 30 days of the account therefor being rendered by the Town. · (~) The Owner shall notify the Town of the dates for the renewal of the premium of the said policy and supply i?oof that the p~mium of the said policy has been paid in order that the protection prowded by the Liability Insurance Policy shall not l~pse. 19. LIVERIN3OL ROAD SERVICES - PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of any Liverpool Road services required herein, the Owner shaH supply the Town with a $100,000 (the "original value") performance and maintenance security in a form satisfactory to the Town for the purpose of, (a) guaranteeing the satisfactory construction, installation or performance of the services; (b) guaranteeing the payment of any amounts payable to the Town under this Agreement; (c) guaranteeing the payment of my amoun~ ~.at the Town may be required m pay under the provisions of the Construction Lien Act, 1983, md (d) guaranteeing all services, workmanship and matorial~ for a period of 2 years from the date that the servi_c?s are co.n~.leted and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, at any time a~ter the first 50%, in value, of services have been constructed, .'.mataHed or performed, and paid fur, apply for a redaction in the security and such application shaH be made to the Town Treasurer. (3) Upon written verification from the DLmctor of Public Works that the cons~uction, installation or performance of the services 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) thilty-f'lve 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 expi~d or have been satisfied, discharged or provided for by payrn~n*, into court; and (c) seventeen per cent (17%) of the original value where, (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) aH liens that may be claimed against any holdback required to be retained by the Town have expil~ or have been satisfY, discl~arged or provided for by payment into court; which seventeen per cent (17%) portion shaH secure the ~uarantee of services, wodananship and materials, until the obligation to guarantee has expil~l, when the balance of tbe security shall be returned to the Owner subject to any deductions for rectification of deficiencies. (4) Upon the approval, if any, of a reduction in the smmmt of the security requtred to be provided in subeection (1), the Town Manager or the Town Treasurer shah provide to the Owner any necessary assurance to effect the reduction. 20. LIVERPOOL ROAD SERVICH.5 - INCOMPI_.ETED OR FAULTY WORK (1) If, in the opinion of the Di~ctor of Public Works, the Owner is n~j~ros.ecuting or causing to be prosecuted the Liverpool Road services within the specified tune, or in order that they may be completed within the specified time, or is ~nproperly performin~ the services, or shah the Owner neglect or abandon the servicesbefore the completion, or m~asonably delay the same so that the condi¢~uns of ~his A~-emem are violated or carelessly executed, or in bad faith, or shah the Owner neglect or refuse to renew or again perform such work as may be rejected by the Di~ctor of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the D/rector of Public Works, make default in performance of the terms of this Agreement, then in any such case, the Director of Public Works shall promptly notify the Owner and his sure~ in writing of such default or neglect and if such notification be without effect within 10 clear days al~er such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery nmi to employ such workmen as in his opinion shah be requi~d for the ~.r completion of the services at the cost and expense of the Owner or his surety, or (2) In cases of emergency, in the opinion of the ~ of Public Works, wo~ may be done without prior notice but the Owner shah be forthwith not.ed. (3) The cost of all work performed under this section shall be calcttlated by tl~ Director of Public Wodcs whose decision shall be final. (4) Such costs shah include a management fee of twenty per cent (20~) of the labour and material value, and further, a fee of thirty pe~ cent (30~) of ~e val~e for the dislocation nmi inconvenience caused to the Town as a result of such default on th~ part of the Owner, it being hereby declared and agreed that the assuming by tbe Owner of the obligations ;.,~,osed by this section is one of the conskierations, wiihout which the Town would not have executed this A~-ement. 21. TRANSFERS - STORM DRAINAGE AND OTHER (1) The Owner shall arrange at no cost to the Town for obtaining and registering such refenmce plan or plans as may be necessary to identify aH easements to be granted hereunder by either Party, to the other. (2) The Towu shall grant to the Owner, (a) such storm drainage easements as the Owner shall require and the Town's Director of Public Works shall deem necessary for the provision by the Owner at the Owner's expense of storm wa~er drainage and management facilities; and (b) such other easements as the Owner shall require aaa the Town's Director of Cormnuniiy Se~wices and Facilities shall deem necossaxy for ~e prov~ion by the Owner at the Owner's expense of driveway, parking and other faciliues, in, on and across Town-owned land adjacent to the Lands. (3) The construction of any works or services in any such easement shall not commence until the easement has been tmnsferrad to the Owner, unless written permission to do so has been obtained by the Owner from the Town. 22. GENERAL PROVISIONS - SERVICES The Owner ag~es with the Town: (a) Paving_ of Driveway A.~p. roaches To pave nH driveway approaches between the cufo and sidewalk. (b) Camlm~ntion 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 worlnnanlike manner. (c) Public ~ - Fill & Debri.~ (i) Neither to dum~ nor to permit to be dumped, any fill or debris on, nor to remove or permit to he r~aoved, any fillfrom say public lands without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement fxom such authority of the Owner's compliance with the terms of subclanse (i). (iii) That there shall he no burning of refuse or debris upon its Lands or any public lands. (d) Ou_ alitative or _Ou~fitative Tests The Director of Public Works may have qualitative or quantitative tos~ made of any materials which have been or are proposed to be used in the constroction of any or services .required by'this Agreement, and the cost of such tests sinHl he ~ by the Owner ~ 30 days of the account being rendered by the Town. (e) ' ' (i) To pay the cost of relocating any ex~ii~$ ?~.ices and utilities caused by the woflt within 30 days of the account for same hemg nmda~d by ti~ Town. (ii) Similarly to pay the cost of moving any services o~ u~liti~ installed under this Agreemunt in driveways or so close thereto, in ~he opinion of the Director of Public Woflcs, as to interfere with the use of the drive way. Unless otherwise provided, to perform any work required to he done under this Agn~m~,nt to the spucificatiem of the Town in effect at the date -6- 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 designated by the Director of Public Works. (h) ~ 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 designated by the Director of Public Works. (i) ~ Prior to f'mal acceptance of the Liverpool Road services, to supply the Town with the original engineering drawings thereof with amendments, if any, noted thereon. 23. 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 Dire~or of Public Works, capable of providing adequate service. (2) No building or part of a building on the Lands shah be occupied excel~ upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or Pa~t of a building on the Lands shah be made until, (a) storm sewer, sanitary sewer and water facilities am installed and in operation to adequately serve such building or Pa~ thereof; and (b) electric service is completed and in operation. 24. FINANCIAL CONTRIBUTION TO CQ~T OF LIVERPOOL ROAD SERVICE~ Upon the completion by the Owner of the construction of the Liverpool Roed Services required to be constructed by sections 11, 12, 13 and 14 hereof, the Town shah pay to the Owner, within thirty days of receipt of the Owner's invoice therefor, the Owner's cost of the design and construction of that portion of those services located on that part of Liverpool Road that does not abut tbe Lands. 25. (]~ PROVISIONS - FINANCIAL MA~FERS The Owner agrees with the Town: (a) Inte st To pay interest at the rate of eighteen per cern (18%) per annum to the Town on all sums of nmney payable herein which are not paid on the due dates caiculnmd from such due dates. (b) ~ To pay all regisuation costs incurred by the Town relating in any way to the registration of this Agreement or any other related documentation, including transfers, in the Registry Office. (c) Upon applying for final acceptance of the services, to supply the Town with a Statutory guarantee holdbacks, and there are no clauns for liens or otherwise m connecuon w~th such work done or material supplied for or on behalf of the Owner in connection with the works, or ~f such claims do exist, the Owner shah indemnify the Town against aH claims, actions or demands for liens or otherwise and aH cos~ in connection therewith. 26. RXPIRY OF SECURrrIES (1) Should any security required to be given under the terms of this Agreement expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such furher 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. 27. SITE PI.AN/DEVELOPMENT CONTROL (1) No development, including redevelopment, shall be undertaken on the Lands except in conformity with this Agreement and with the following plans and drawings (herein coHectlvely called the "Plans"): Plan l~m No. Pl~ TMe ~ ~ (a) LI Layout Plan May, 1990 August 17, 1990 (b) Ir.2 Grading Plan May, 1990 August 17, 1990 (c) Ir3 Planting Plan May, 1990 August 17, 1990 (d) L5 Electrical Plan May, 1990 August 17, 1990 (e) L6 Details May, 1990 August 17, 1990 (f) L7 Details May, 1990 August 17, 1990 (g) L8 Details May, 1990 August 17, 1990 prepared by Cosburn Giberson Landscape Architects, and (h) A3.1 West and South June 28/90 August 15, 1990 Elevations (i) A3.2 East and North June 28/90 August 15, 1990 Elevations (jk)) 101 Plan @ Receiving Area June 28/90 not revised 102 Refuse Container June 28/90 not revised Screen Details (1) 104 Typical BoHard Detail June 28/90 not revised (m) 107 Refuse Container not dated not revised Screen - Receiving Dock Area (n) 108 Section, Receiving not dated not revised Dock Area prepared by Carruthers Shaw and Partners Limited. (2) The Owner shall maintain, in conformity with the Plans, to the Town's satisfaction and at the sole risk and expense of the Owner, aH of the facilities and works that are shown (a) are located on the Lands, or (b) am located off the Lands but provide access (pedestrian, vehiculnr or both) to the Lands, or (c) are located off the Lands but provide services for the benefit of the Lands on easements adjacent to the Lands, md slmH ensure the timely removal of mow from access ramps, driveways, parking and loading areas, and walkways. 28. TIME LIMITED FOR WORK AND GUARANTEE OF WORKMANSIOP AND MATERI~ -~ (1) The Owner shall complete aH works, services ~ requirements under this Agreement within two years of the date of registration of this Ag~waent. (2) The Owner shall guarantee all works, workmanship and materials employed or used in the construction, installation or completion of all works, services and requirements under this Agreement for a period of two years from the date that the works, services and requirements are approved in writing by the Town. IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & D~I,WERED THE DURHAM BOARD OF EDUCATION lan D.R. Brown, Chairman Brian F. Cain, Superintendent of Business THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk THE CORPORA'E[ON OF THE TOWN OF PICKER.LNG BY-LAW NO. 3564/90 Being a by-law to authorize the execution of a Development Agreement between the Town and The Durham Board of Education respecting the development of Pine Ridge Secondary School on part of Lot 22, Concession 2, Pickering (Parts l-4, Plan 40R-12102 and Part 1, Plan 40R-12344) WHEREAS as a condition of the approval of the plans and drawings for the development of Pine Ridge Secondary School on part of Lot 22, Concession 2, Picketing (Parts 1-4, Plan 40R-12102 and Part 1, Plan 40R-12344), The Corporation of the Town of Picketing requires that The Durham Board of Education enter into a site/development agreement pursuant to the provisions of the Planning Act 1983, S.O. 1983, chapter 1, and the MunicipalAct, R.S.O. 1980, chapter 302; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Development Agreement, in the form attached hereto as Schedule A, between the Town and The Durham Board of Education respecting the development of the Pine Ridge Secondary School on part of Lot 22, Concession 2, Picketing (Parts 1-4, Plan 40R-12102 and Part 1, Plan 40R-12344). BY-LAW read a f'trst, second and third time and f'mally passed this 1st day of October, 1990. WayNe A~hurs, M~yor TOWN CF PICKERING APPROVED LEGAL DEPT. SCHEDULE A THIS DEVELOPMENT AGRE~ made October 1, 1990. BETWEEN: THE DURHAM BOARD OF EDUCATION hereinafter called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the 'Town" OF THE SECOND PART. WHEREAS, the Owner proposes to develop that part of Lot 22, Concession 2, Picketing, designated as Parts 1, 2, 3 and 4, Plan 40R-12102, and Part 1, Plan 40R-12344, as a secondary school to be known as the Pine Ridge Secondary School, and is required by the provisions of section 40 of the Planning Act 1983, S.O. 1983, chapter 1, to enter into a development agreement with the Town; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the Town approving the Owner's plans and drawings for the Pine Ridge Secondary School site, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: The lands affected by this Agreemem (the "Lands") are those parts of Lot 22, Concession 2, Pickering, designated as Parts I to 4, both inclusive, Plan 40R-12102, and Part 1, Plan 40R-12344. 2. CANCELLATION OF AGREEMENT In the event this Agreement is not registered on or before December 31, 1990, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. Any notice required to be given hereunder may be given by registered mail addressed ,to the other .P. arty at its principal place of busi.n, ess and.shall be effective as of the second day immediately following the date of the deposit thereof m the Post Office. Whenever in this Agreement the word "..O~n...er" and the pronoun "it". is used, it shall be read and construed as "Owner or Owners" and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shah be construed accordingly. Time shnll be oftbe essence of this Agreement. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Panics hereto, their successors and assigns. The Owner shall retain a licence from any subsequent purchaser of the Lands, or any pan thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. The Owner shall complete at its own expense and in a good workmanlike manner, for the Town, all the works and 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. 9. CONSULTING EI~IGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineer'mg and to supervise generally the work required to be done for the development of the project. (2) Such Consulting Engineer, or any successor thereto, shaH continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. (3) Thisprovision shall not he construed so ns to prevent the..Or?er from changing from one Consulting Engineer to another at any time or times during the development and constmctiun of the project, so long as the Owner has a Consulting Engineer retained at all times. (1) The Owner shall construct a complete storm water drainage and mnnagement system, including storm connections 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 nmi shah maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) Such system shah be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of sufficient 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. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the Lands, the Owner may he requited to carry out such works as are necessary to provide an adequate outlet. (4) The Town may connect or authorize connection into any pan of the system but such connection shall not constitute acceptance of the sewer system by the Town. 11. LIVERPOOL ROAD SERVICES - CURBS AND G~S: ROAD DRAINAGE (1) The Owner shah construct curbs and gutters and all necessary road drainage facilities on the east side of Liveq~ool Road from a Point approximately 285 metres south of the south-west comer of the Lands to the north-west comer of the Lands, according to the specifications of the Town in effect at the date hereof and shall maintain them until they ate formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a driveway, the Owner shall comtmct a cu~ depression in the con'ect location and ~l in the original curb depression according to the specifications. -2- 12. LIVERPOOL ROAD SERVICES - ROAD RECONSTRUCTION AND REPAIR (1) The Owner shall reconstruct the east side of Liverpool Road from a point approximately 285 metres south of the south-west comer of the Lands to the north-west corner of the Lands and shall repair Liverpool Road where construction has taken place and where it is used by construction traffic entering the Lands and keep it clear of mud, dust, refuse, rubbish and other litter of all types. (2) The Owner shall erect and maintain adequate signs to warn all persons using Liverpool Road that consm~ction is occurring; such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. LIVERPOOL ROAD SERVICES - BOULEVARD RECONSTRUCTION (1) The Owner shall reconstruct and sod the boulevard on the east side of Liverpool Road from a point approximately 285 metres south of the south-west comer of the Lands to the north-west comer of the Lands, according to the specifications of the Town in effect at the date hereof and shall maintain it until it is accepted by the Town. (2) The Owner shall keep the boulevard clear and free of materials and obsmlctions which might interfere with the installation of electric, telephone, gas or other utilities or the safe movement of vehicles and pedestrians. 14. LIVERPOOL ROAD SERVICES - SIDt~WALK The Owner shall construct a sidewalk on the east side of Liverpool Road from a point approximately 285 metres south of thc south-west comer of the Lands to the north-west corner of the Lands according to the specifications of the Town in effect at the date hereof and shall maintain it until it is accepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to he provided to the Lands, it shall be provided underground and in accordance with the standards and specifications of Pickering Hydro-Electric Commission, Pickering Cable T.V. Limited or Bell Canada, as the case may be. 16. ON SITE DRAINAOR AND SODDING (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 Cun..trol Plan prepared by the Owner's Consulting. Engineer, establishing ~ proposed gr~.,tmg of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the Lands. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage 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 waikways unless provision is made for the instaHatiun 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 Community Services and Facilities, that surface run-off water. (3) The Orsdlng Control Plan is subject to the approval of the Town's D'wectors of Public Works and Community Services and Facilities. (4) The grading of all lands shall be carried out by the Owner in accordance with the ~Pgmeer. roved Grading Control Plan, under the supervision of the Owner's Consulting (5) If, in the opinion of the Director of Public Works, drainage problems occor prior to formal acceptance of the works by the Town, the Owner shall correctthem by re-grading or by the construction of catch basins, swales or other structmes as may be necessary to correct such problems. -3- (6) The Owner shall sod that pan of the Lands that are not built upon, except for paved, planted or treed areas. 17. ~ (1) Prior to the registration of this Agreement, the Owner shah pay to the Town the sum of $2,000 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those referred to in section 15 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily he limited to, salaries and wages of Inspectors, testing fees and administration fees. 18. LIABILITY INSURANCE (1) Before commencin8 any of the work provided for herein, ~ Owner shall supply the Town with a Certificate of Insurance verifying that a Liability Insurance Policy is in PmlaCe in a form satisfactory to the Tow?, naming the Town as an ins.ur?d and demnifying 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) The amount of the Policy shall be $5,000,000. (3) 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 shallpay the cost of such renewal within 30 days of the account therefor being rendered by the Town. (4) The Owner shall notify the Town of the dates for the renewal of the premium of the said policy and 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. 19. LIVERPOOL ROAD SERVICES - PERFORMANCE & MAINTENANCE GUARANTEE (1) Before conm~encing the construction, installation or performance of any of any Liverpool Road services requ',u~,.d herein, the Owner shah supply the Town with a $100,000 (the "original value') performance and maintenance security in a form satisfactory to the Town for the purpose of, (a) guaranteeing the satisfactory constmctinn, installation or performance of the sereices; (b) guaranteeing the payment of any amounts payable to the Town under 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 services, worlananship and materials for a period of 2 years from the date that. the servi~s are completed nmi such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, at any time after the first 50%, in value, of services have been constructed, .'?tailed 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 services for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the nmonnt of the security to an amount not less than, -4- · (a) sixty per cent (60%) of the original value where no certificate or declaration of substarttial perfonnance has been made; (b) thixty-five per cern (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 thai may be claimed against any holdback required to he retained by the Town .have expired or have been satisfied, discharged or provided for by paymcn', into court; and (c) seventeen per cent (I 7%) of the original value where, (i) a certificate of final completion has been made by the Owner's Consulting Engineer; (ii) 45 days following the making of such certificut~e have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have heen satisfied, discharged or provided for by payment into court; which seventeen per cent (17%) portion shall secure the guarantee of services, 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. (4) 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. 20. LIVERPOOL ROAD SERVICES - INCOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the O.wn? is notprosecuting or cansi~ to be prosecuted the Live .rp~..1 Road se~ices within .the specified time, or. in order that they may be completed within the specified time, or is unproper!y performing the services, or shall the Owner neglect or abandon the services 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 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 Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notification 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 he required for the ~.r completion of the services at the cost and expense of the Owlet or his surety, or (2) In cases of emergency, in the opinion of the Director of Public Works, work may be done without prior notice but the Owner shall be forthwith notified. (3) The cost of all work performed under this section shall be calculated by the Director of Public Worlds whose decision shall be f'mal. (4) Such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and further, a fee of fifiny 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 section is one of the considerations, without which the Town would not have executed this Agreement. -5- 21. Tp. ANSFERS - STORM DRAI~AGE AND OTHER EASElvI~NT$ (1) The Owner shall arrange at no cost to the Town for obtain/ag and registering such reference plan or plans as may be necessary to identify all easements to be granted herennder by either Party to the other. (2) The Town shall grant to the Owner, (a) such storm drainage easements as the Owner shall require and the Town's Director of Public Works shall deem necessary for the provision by the Owner at the Owner's expense of storm water drainage and management facilities; and (b) such other easements as the Owner shall ~equire ano the Town's Director of Community Services and Facilities shall deem necessary for the provision by the Owner at the Owner's expense of driveway, parldng and other facilities, in, on and across Town-owned land adjacent to the Lands. (3) The construction of any works or services in any such casement shall not commence until the easement has been transferred to the Owner, unless written penniasion to do so has been obtained by the Owner from the Town. 22. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (s) Paving of Driveway Approacbes To pave all driveway approaches between the curb and sidewalk. (b) Cominuation of Exist/ag Services Where the construction of services herein involves a continuation to existing services, to join into the same, includ/ag adjustment of grades where necessary, in a good and wodmumlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fdl 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 subclanse (i). (iii) That there shall be no burning of refuse or debris upon its I. ands or any public lands. (d) Onalitative 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 works or service, s required by' tiffs Agreement, and the cost of such tests shall be paid by the Owner within30 days of the account being rendered by the Town. (e) ' ' (i) To pay the cost of relocating any existing settees md utilities caused by the work within 30 days of the account for same being rendered by the Town. (ii) Similarly to pay the cost of moving any services or utilities inst~Hed under this Agreement/a driveways or so close thereto, in the opinion of the Director of PubUc Works, as to interfere with the use of the driveway. 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. -6- To provide nnd erect at its own cost, to the specificatinns of the Town, tempora~ signs of such nature and at such locations as m~y be designated by the Dh'ector of Public Wo~s. 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 designated by the Director of Public Works. (i) ]~;lgi~tJagJ~ak~ Prior to final acceptance of the Liverpool Road services, to supply the Town with the original engineering drawings thereof with amendments, if any, noted thereon. 23. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or par~ 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 thc Lands shall be occupied eXcel~ upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building on the Lands shall be made until, (a) storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; and (b) electric service is completed and in operation. 24. FINAN(3AL CONTRIBUTION TO COST OF LIVERPOOL ROAD SERVICES Upon the completion by the Owner of the construction of the Liverpool Road Services required to be constructed by sections I1, 12, 13 and 14 hereof, the Town shall pay to the Owner, within thirty days of receipt of the Owner's invoice therefor, the Owner's cost of the design and constxmction of that portion of those services located on that part of Liverpool Road that does not abut the Lan&. 25. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) lntmr To pay interest at the rate of eighteen par cent (18%) per annum to the Town on all sums of money payable herein which arc not paid on the due dates calculated from such due dates. (h) 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 mmsfers, in the Registry Office. (c) ' ' i~l~c.n slylY' _rog' for final acceptance of the services, to supply the Town with a Statutory taratton mat all accounts for work and materials have been pa/d, 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 connect/on with the works, or if such claims do exist, the Owner shall indenmify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. -7- 26. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agreement expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 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 exp~mg security into cash and hold the cash-in-lieu of and for the same purposes as any further security. 27. SITE PLAN/DEVELOPMENT CONTROL (1) No development, including redevelopment, shall be undertaken on the Lands except in conformity with this Agreement and with the following plans and drawings (herein collectively called the "Plans"): Plan Item No. ~ ~ ~ (a) L1 Layout Plan May, 1990 August 17, 1990 (b) I~2 Orading Plan May, 1990 August 17, 1990 (c) Il3 Planting Plan May, 1990 August 17, 1990 (d) L5 Electrical Plan May, 1990 August 17, 1990 (e) L6 Details May, 1990 August 17, 1990 (f) L7 Details May, 1990 August 17, 1990 (g) L8 Details May, 1990 August 17, 1990 prepared by Cosbum Oiberson Landscape Architects, and (h) A3.1 West and South June 28/90 August 15, 1990 Elevations (i) A3.2 East and North Iune 28/90 August 15, 1990 Elevations 0) 101 Plan @ Receiving Area gune 28/90 not revised (k) 102 Refuse Container gune 28/90 not revised Screen Details (1) 104 Typical Bollard Detail Iune 28/90 not revised (m) 107 Refuse Container not dated not revised Screen - Receiving Dock Area (n) 108 Section, Receiving not dated not revised Dock Area prepared by Carmthers Shaw and Partners Limited. (2) The Owner shall maintain, in conformity with the Plans, to the Town's satisfaction and at the sole risk and expense of the Owner, all of the facilities and works that are shown on the Plans and, (a) are located on the Lands, or (b) are located off the Lands but provide access (pedestrian, vehicular or both) to the Lands, or (c) are located off the Lands but provide services for the benefit of the Lands on easements adjacem to the Lands, and shall ensure the timely removal of snow from access ramps, driveways, patking and loading areas, and walkways. 28. TIME LIMITED FOR WORK AND GUARANTEE OF WORKMANSHIP AND MATERIAt .q (1) The Owner shall complete all works, services and requirements under this Agreement within two years of the date of registration of this Agreement. -8- (2) The Owner shall guarantee all works, workmanship and materials employed or used in the conatmcfion, installation or completion of all works, services and requirements under this Agreement for a period of two years from the date that the works, services and requirements are approved in writing by the Town. IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed theft respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DFJ. IVERED THE DURHAM BOARD OF EDUCATION lan D.R. Brown, Chairman Brian F. Cain, Superintendent of Business THE CORPORATION OF THE TOWN OF PICKER.lNG Wayne Arthurs, Mayor Brace Taylor, Clerk