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HomeMy WebLinkAboutBy-law 2425/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2425/87 Being a by-law to authorize the execution of a Development Agreement between The Durham Region Roman Catholic Separate School Board and The Corporation of the Town of Picketing, respecting the development of that part of Lot 33, Range 3, B.F.C., Picketing, designated as Part l, Plan 40R-10115. (LD 565/86). WHEREAS, the Owner proposes to develop that part of Lot 33, Range 3, Broken Front Concession, in the Town of Pickering in the Regional Municipality of Durham, des- ignated as Part 1, Plan 40R-10115 as a separate elementary schoo] and is therefore required, in order to comply with Condition 2 of Durham Land Division Committee Decision LD 565/86, to satisfy the development requirements of the Town relating thereto; 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, between The Durham Region Roman Catholic Separate School Board and The Corpo- ration of the Town of Pickering, respecting the development of that part of Lot 33, Range 3, B.F.C., Picketing, designated as Part 1, Plan 40R-10115. (LD 565/86). BY-LAW read a first, second and third time and finally passed this 6th day of April, 1987. 7 Bruce Taylor, TOWN OF PICKERING APPROVED LEGAL DEPT SCHEDULE A TIIIS AGREEIvlENT made March 16, 1987. DURIIAM P, EGION ROMAN CATI[OIAC SEPAl?ATE SC[IOOL BOARD hereinafter called the OF TIlE FIRST PART, TltE CORPORATI©r,I OF TIlE '['OWN OF PICKERING }lerein;~fter called Lhe "Town" OF TIlE SECOND PART. WIIEI(EAS thc Owner proposes to develop that part of Lot 33, Range 3, Broken Front Concession, ia thc Town of Pickering in the Regional Municipality of Durham, des- ignatcd as Part 1, Plan ,t0R- , as a separaic elementary ~chool and is therefore ruquircd, in ordel' [0 comply with Conditioa 2 of Durham I,and Division Committee [)cci~ioll L]) 5~5/86 tO satisfy the development requivemenls of the Town relating Lhcreto; NOW Tlildll~l.:Ol~.l~., Tills AGI~.EEMh~NT WITNESSETII, that in consideration of the Town advising the Committee of its satisfactiou with those ~'equit'ements and of covenants LAND AFFECTED The hinds affected by this Agreement (the "I,arlds") are that part of Lot 33, Range 3, Broken Front Concession, Pickering, designated as Part 1, Plan 2. NOTICI.'. Any notice required to blx given hereunder may be given by registered mail adch'essed to the other Party at its principal place of business and shall be cllcctive as of thc second day imme(liately following the date of the deposit thereof in the Post Office. 1 NT EI< PF, I,;TATION Whenever in this Agreement the word "Owner", and the pronoun "it" is used, it sha]] be read anti construed as "Owner or Owners", and "his", "her" or "them", respectively, and the iuunlber o£ the verb agreeing therewith shall be constl'ucd accordingly. TIME Time shall be of the essence of this Agreelnent. I~, [NI)I. NG PARTIi£S This Agreement and everylhing herein contained shall enure to the a~td be binding upon tile Parties herel, o, their successors and assit,,ns. benefit of 6, I,ICENCE TO ENTER Tim Owner shall retain a licence from any subsequent purchaser of tile Lands, or any part thereof, to enter upon tile l,ands in order to comply with tile provisions of this Agreenlent. 7, ()WNI':P,'S GENERAI, UNDERTAI(ING The Owoer shall complete at its owo expense and in a good workmanlike man- iici', fo~' the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Pick)ring, and shall complete, perform or make payment for such oilier matters ils may bc provided for herein. CON~;ULT[NG f,:N G iI'l EF, R S (J) The Owner shall retain a Professional F. ngineer its the Consulting Engineer of the Owtmr to cztFry out all the necessary ent,.ineering and to supervise generally the work Fequired to be <lmm [of tho development of the 1,ands. Such Consulting Engineer, or any successor therelo, shall continue to be retained until the work provided for in this A,Fj'cement is completed and Iormally aCCel)ted J)y tile Town, ST()I(M DRAINAGE (~) The Owner shall construct a complete storm drainage system, including storm water management facilities, storm connections to tile street line anti catch basin leads to service the l.ands and to provide capacity roi' lands upstream thereof, according to designs al)proved by the f)irector of Public Works and according to tile simcifications of the Town in effect at thc date hereof and shall maintain it, iucluding clearing any blockages or (hd~ris from whatever carts), until it i5 formally approved by the Town. (~.) ~ut:h system shall be constructed to an outlet or outlels according to (lesigns approved by the Director of Public Works and shall I)e of suffi- cient size and depth and at locations either withio or outside the Lands to ~el-ViCe tim l,ands anti the lands outside the I,a~cls, which in the opinion of the Direclor of l>tthlic Works, will require il~ lis) as a trunk outlet. (~) Should, in the opinion of the l')irector of Public Works, an inadequate stream, structure or facility exist itt the outlet system outside tim Lands the Owner may be required to carry out such worl<5 as are necessary to (,I) The Town may connect oF authorize connection into any part of the system but snch connection shall not constitute acceptance of the sewer .~;ystem by tile Town, (5) No connection under subsection 4, above, shall be undertaleen or au- thorized prior to preliminary acc)plante of the sewer system by the Towo, except in all emergency. 10, BOUI~EVARI)S The Owner shall structions. Iceep all houlevards clear and free of materials and ob- I I. ROAI)S (ti 1)uring tile development of the l,ands, tile Owner shall maintain and repair roads where construction has taken place or that are uaed by con- strnction traffic ct~terinl[' the i.aruls and keep such roads clear of mud, dust, roi'usc, rubbish or other litter of all typos. (2) The Owner '.dutll erect and maintain adequate signs to warn all persons using the roads adiacent lo the Lands that construction is talcing place. (3) ~;uch si[;ns and tile location thereof are snbject to the approval of the To~vn's [)irector of Public Works. 12. I!;LI']CTII. lC A h Where electricity, cable television service or telephone service is to be provided to l,ands, it shall lie ln'~vided und(.'rgrom~d and in accordance with the stan- dards and specifications ol' Pickering llydro-I".lectric Commission, Picketing Cable T.V. l,imited or l~ell Canada, its tile case may 13, INSIII;CTIONS (~) All works required to be constructed by tile Owner, except those re- l:erred to in section 12 shall be installed under the observation of lnspec- furs employed by the Town and the Owner shall pay rite costs incurred Iherefor within 30 days ~[' Mvoices being rendered. The costs referred to in subsection (Z) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees, Iq. I,IABIhlTY INSURANCI?. (l) Before' cmnmencing any of tile work provided for herein, the Owner shall supply the 'Fown with a I,iability Insurance Policy in form satisfactory to Ii'om any loss arising from claims fl)r damagc~;, injury or otherwise in cotmection with the work done by or on I.:half of the Owner on the I.ands and elsewhere. (2) Tile arnount of tile Policy shall he $5,000,000. (~) In the event any renewal prenlium is not [)aid, tile Town, ii,, order to prevent the lapse of such Liability Insurance Policy, may pay the renewal rcm:wals within 30 days ol thu account therefor being rendered by the (,I) It shall be tile responsibility ol' the Owner t,) i~otify tile Town of the dates for the renewal of the premitun of the policy and to supply proot that the prendula ol tile policy has been paid in order that the protection l~rovi¢hzd by the I.iability lnsur;mce Policy shall not lapse. 15. PI~ItI:OI/MANCE & MAINTENANCE (iUARANTE}~ (~) Before conanencing the construction, installation or performance of any of tile works provided for herein, the Owner ~d~all supi)ly the Town with a $20,000 performance and maintenance security in a form satisfactory to the Town anti in an amount established hy the l)irector of Public Works (the "original value") lor the purpost: of, (2) (3) (4) (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 amonnt that the Town may be required to [say under tile provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 year's from the (late that tile worlds 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 valne, of works have been constructed, iustalled or performed, iHlc{ paid for, apply fox' a cednction in the security and snch application shall be marie to the Town Treasurer, I. Ipon written verificatio, from tire 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 ~nay reduce the amonnt of Ihe security to an arno(Iht not less (at sixty per cent (60%) of tire original value where no certificate or declaration of substlmtial performance has be. eh made; (h) thirt¥-~ive per cent (35%) e.f the original vMue where. '(i) (ii) a certificate or declaration of substantial performance has been published; 45 days following soch publication have expired; and (iii) all liens that may be claimed against any holdback required to he retained by the '£own have expired or have been stttisfied, discharged or provided fo)' by pay merit into court; and (c) seventeen per' cent (17%) of the original value where, (it a certificate of final completion has been made by the Owner's Consulting Engineer; (ii) 45 days following tim making of such certificate have expired; and (iii) all liens that rnay be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged ar provided for by pay- whict~ sevm~teen per cent ([7%) portion shall semare the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the bMance of tilt security sh;dl be re(ur.ed to the Owner subject to any dedoctions for rectification of deficiencies. [Jpon the approval, if any, of a reduction in the amount of tile security reqoired to be provided in subsection 1. the Town Manager or the Town Treasurer shall provide to tile Owner any necessary assurance to effect the reduction. 16. DRAINAGE (I) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the conunenc:erHent of the development of tile l.ands, with a Grading ConlroI Plan pr(pared I)y the Owner's Consult- ins Engineer, estal>lishing the proposed grading of the l,ands to provide for the proper draioage thereof and the ch'ainage of all adjacent lands which drain through the I,ands. (z) The Grading Conlrol Plan shall be prel)ared in accordance with the Towrds Lot Drainage and'Storm Water Management Specifications in effect at the date of this Agreement, and shall not I)Fovide for thc drainage of surface run-off wale( onto Town owned parlcland, open space or walkways unless provisioH is made for thc installation l)y the Owner, at no cost to the Town, of st(liable swales ;md catch basins to manage adequately, in the opinion of the 'Fr)wn's i)ircctor ol Park5 an(I Recreation, that surface run-off water. The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks al/d Recreation and the Metropolitan Tm'onto anti Region C. onservathm Authority. (4) '['he 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 ()pinion of tile Directt~r of Public Works, drainage problems occur prior to formal acceptance of the works by tile Town, the Owner shall correct them hy re-grading of I)y iht construction of catch basins, (6) The Owner shall sod all at grade storm facilities except for paved areas, upoo tile of I)nildings. water dFainage or management completion of the constructioo 17. INCOMPLETED OR FAUL'FY WORK (t) If, in tile opinion of tile Director of Public Works, the Owner is not prosecuting or causirlg to be prosecuted the work in connection with this Agreement within the specified time, or in ordeF that it may be cmnl)leted within tile specified time, or is impro[)erly p(eFf(~Fmio[[ the work, or shall the OOner neglect ov a[l~lndoll il before the coml)]ctiotl, or unreasonably delay the same so that the conditioos of this Agreement afc being violated or carelessly executed, or in bad laith, or ~shall the Owner neglect or re(nsc to renew or again perform su(:[l wot'lc ;ts H/ay be rejected I)y the Director of Public Work:i as defective or unsuit;d;Ic, or shall the Owner in any other manner, itt tl~e opinimt ~t the Direct~r of Puhlic Works, make default in performance of the terms of this A!p'ecment, then in any such case, the said Dh'ecrm' of P~d~lic kqm'k~ stroll promptly notify tim Owner lind his surety in writing of such default or neglect aud il such no/ifica- tioH be without ulfcct withiH 10 c]eal' days after such notice, then m that case, the Director ~f Public ~m'ks shall tImrot~l~on have tull authoyity to as io his opinion M~all be req~irtxd for rise }2roper completion of the said work at the cost amd expense of the Owner or hill surety, or both. (2) In cases of emergeHcy, in tim opinion of the l)irector of Public Works, retch work may be done without prior notice but the Owner shall be forthwith notified. (]) The cost of such wtn'k shall be calculated by the Director of Poblic Works whose decision shall be final. (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of thc' labour and material value, and fur- the(, a fee of thirty per cent (~0%) of the wdue for the dislocation and inconvenience caused to the Towl; as a result of si1c}l default on tike part of the Owner, it being herel)y declared and agreed that the assuming tim Owner of the obligations imposer[ by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. ltl. TI>,ANSFERS - EASEMENTS 1) 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 fei' the provision of storm sewer services both within the boondaries of the l.,ands and across lands adjacent thereto but outside its boundaries, 2) Such easements shall be subject to the approval of the Director of Public Works or }tis designate tls to their location and width. 3) to in subsection (1) shall not cmnmence until the easement has been acquired, unless permLssion to dr> so bas been obtained by tile Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. 19, GENI?.RAL PROVISIONS - SERVICES The Owner agrees with tile Town: (al Paving of Driveway A~roaches To pave all driveway approaches between the travelled portion of the road and the lot line. (b) Continuation of Existin~ Services Where the construction of services herein involves a continua.lion to existing services, to join into the same, including adjnstment of grades (c) Pnblic Lands - Fill ~ Debris (il Neither to dump nor to permit to be dumped, any fill or debris on, not' to remove or permit to be removed, an,/ fill from any public lands, without the written cnnsent of the attthority respon- sible for such lands, (ii) On request, to supply the Town with an acknowledgement from such authority of the Owneffs compliance with the terms of sub- clause (il. (iii) That there shall be no borning of refuse or debris upon Lands or any public lands. (d) 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 i~e paid I)y tile Owner within 30 days of the account being rendered by the Town. (el Relocation of Services (i) To pay the cost of relocating any existing services and utilities caused by the work withio 30 days of the account for same being rendered by the Town. (ii) Similarly to pay the cost of moving any services m' utilities installed under this Agreement in driveways or se close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (f) Specifications Unless otherwise provided, to perform any work required to be done nnder this Agreement to tile specifications of the Town in effect at the date hereof. (g) 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 he designa- ted by the Director of Ptmlic Works. (h) Permanent Signs (i) 'Fo 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. Engineering Drawincs Prior to the final acceptance of the works to supply tile Town with the original drawings of the engineering works for the [,ands with amend- ments, if any, noted thereon. 20. SITE PLANNING No development, including redevelopment, shall be undertaken on the Lands until, (a) plans showing the location of all buildings and structures existing or to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under subsection (2), (b) drawings showing plan, elevation and cross-section views for each build- lng to be erected which drawings shall be sufficient to display, (i) the massing and conceptual design of the proposed building; (ii) the relationship of the proposed buildings to adjacent buildings, streets and exterior areas to which rnembers of the public have have been submitted to the Town and approved by the Town's Director of Planning. (2) As a condition to the approval of the plans and drawings, the Town may recluire the Owner to provide to the satisfaction of and at no expense to the Town any or ;ill of the folh)wing: (a) -facilities to provide access to and from the Lands, such as access ramps, cl. lt'l~s and traffic direction signs; (h) off-street vehicular loading and parking facilities, covered or uncovered, access driveways, including driveways for emergency vehicles, and tile surfacing of such areas and driveways; (c) walkways, including tile surfacing thereof, and other means of pedestrian access; (d) facilities for the lighting, including floodlighting of the Lands or of any buildings or structures thereon; (e) walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the Lands or the protection of adjoining lands; and (3) (4) (5) (f) vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste materi- al. As a further condition to the approval of the plans and drawings, the Town may require the Owner to maintain, to the Town's satisfaction and at the sole risk and expense of the Owner, any or all of the facilities or works mentioned in clauses (a), (b), (c), (d), (e) and (f) of subsection (2), including the removal of snow from access ramps and driveway, parking and loading areas and walkways. Upon approval by the Town's Director of Planning of the plans and drawings, the proposed buildings, structures, facilities and works shall be erected, constructed, installed and maintained in conformance with the plans and drawings, as approved. If erection, construction or installation has not commenced within one year of the date of approval of the plans and drawings, the approval shall become null and void and the plans and drawings must be re-submitted for approval prior to any erection, construction or installation commenc- ing. 21. CONSTRUCTION & OCCUPANCY OF BUILDINGS/ COSTS OF ADJACENT SERVICES (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) (3) No building or part of a building on the Lands shall be occupied except upon the issuance of a municipal occupancy permit. No application for a municipal occupancy permit for a building or l~art of a building shall he made until: (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; and (iii) 'The Owner has paid to the Town the sum of $40,885.00 in satis- faction of the Owner's obligation to install or provide storm sewers, sidewalks, curbs, road works, boulevard works and street light upgrading in or on Twyn Rivers Drive adjacent to the Lands. 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. 8 (d) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of tt~is Agreement or any other related documentation, including transfers, in the Land Titles Office. (e) Lien or Oti~er 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 roi' or on behalf of the Owner in connection with the works or if such claims rio exist, tim Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in cormection therewith. 23. EXPII(Y OF SECUP, ITIES (1) Shonld any secnrity requirecl to be given under the terms of this Agree- ment expire doting the currency of the Agreement, the Owner shall provide to the Town itt 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. 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 roi' tim same purposes as any further security. 24. TIME LIMIT FOR WORK & GUARANTEE FOR WORKblANSHIP & MATERIALS Tile Owner sl~all complete the works required under this Agreement witlkin 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 hy the Director of Puhlic ~qorks, the Director of Parks and Recreation, or the Director of Planning, as the case may be. IN WITNESS WIIEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the'hands of their attthorized officers. SIGNED, SI,.'ALEI) & DELIVERED DIJRHAM REGION RO[rIAN CATIIOLIC SEPARATE SCllOOL BOARD TIlE CORPORATION OF TItE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk 9