COMMITTEE OF THE WHOLE MEETING FEBRUARY 1, 2016

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1 REPORT #ENG COMMITTEE OF THE WHOLE MEETING FEBRUARY 1, 2016 BALLYMORE DEVELOPMENTS (TOTTENHAM) CORP. & BG PROPERTIES INC. RECONSTRUCTION OF 4TH LINE (MILL STREET EAST) DEVELOPMENT AGREEMENT RECOMMENDATION That Report ENG be received; That Council pass the necessary By-law authorizing the Mayor and Clerk to execute a Development Agreement, substantially in the form of Attachment No. 6 to ENG , with Ballymore Developments (Tottenham) Corp. and BG Properties Inc., upon execution of the Agreement by the applicants, subject to the Town s Solicitors clearance. OBJECTIVE This report is submitted to seek Council s approval to execute a Development Agreement between the Town of New Tecumseth, Ballymore Developments (Tottenham) Corp. and BG Properties Inc. for the reconstruction and urbanization of 4th Line (Mill Street East) from the intersection of The Boulevard to a location approximately 700m east, including the necessary storm servicing, boulevard works and bridge improvements, as required to allow for continued development within the Ballymore (Mill Street Village) Plan of Subdivision 43T and BG (Willow Glen) Plan of Subdivision 43T BACKGROUND Ballymore Development (Tottenham) Corp. The Ballymore (Mill Street Village) Draft Plan of Subdivision 43T is located in the Community of Tottenham. The entire subject lands consist of hectares. The lands are located on the north side of Mill Street East, and to the east of the Canadian Pacific Railway and existing residential development, to the south of F&P Manufacturing Ltd. and west of agricultural lands. These lands are legally described as Lots 12 & 13, Concession 15, (former Township of Tecumseth), Town of New Tecumseth, County of Simcoe, as illustrated on Attachment No.1. The plan of Subdivision was OMB approved in June 1998 and the redline revisions to the OMB approved Plan were approved by Council in December A 2nd Redline Draft Plan of Subdivision was approved by Council in August The Ballymore Draft Plan of Subdivision consists to 559 residential units, which are a mix of singles, semi-detached and townhouse dwellings, 1 high density block, 1

2 Report #ENG , February 1, 2016 commercial block, 1 school block, 2 open space blocks, 1 park block, and 1 stormwater management block as illustrated on Attachment No. 2. Ballymore has proposed to develop the Subdivision in phases, generally starting in the southwest corner of the property and proceeding north and east, and anticipates a construction period of approximately 5 years. A Subdivision Agreement for Phase 1 was executed between the Town and Ballymore Development (Tottenham) Corp. following the passing of By-Law in January 2014 for the construction of 130 lots; the Agreement was registered as Instrument No. SC on the 25th day of March, The Phase 1 lands are identified as Plan 51M An Amending Subdivision Agreement for Phase 2 was executed between the Town and Ballymore following the passing of By-Law in July 2014 for the construction of 134 lots; the Agreement was registered as Instrument No. SC on the 29th day of August The Phase 2 lands are identified as Plan 51M A further Amending Subdivision Agreement for Phase 3 and Phase 4A was executed between the Town and Ballymore following the passing of By-Law in May 2015 for the construction of 71 lots within Phase 3 and 34 lots within Phase 4A; the Agreement was registered as Instrument No. SC on the 14th day of July, The Phase 3 lands are identified as Plan 51M The Phase 4A lands have not been registered at this time. A further Amending Subdivision Agreement for Phase 4B is anticipated to be brought forward to Council in early BG Properties Inc. The BG (Willow Glen) Draft Plan of Subdivision 43T is located in the Community of Tottenham. The entire subject lands consist of hectares. The lands are located south of the 4th Line (Mill Street East), east of Tottenham Road, west of the 10th Sideroad and are legally described as Part Lot 7, Concession 3, in the Community of Tottenham, Town of New Tecumseth, County of Simcoe, as illustrated on Attachment No. 3. Draft approval of the Nordstar plan of subdivision was granted by the Ontario Municipal Board (OMB) in June In December 2002, the OMB delegated authority to the Town for the clearance of draft plan conditions and final approval. The plan has been granted several extensions to draft plan approval and conditions of draft approval. The last extension was granted by Council in June 2014 that will expire June Council approved redline revisions to draft plan, a zoning by-law amendment, revised conditions of draft approval and the Urban Design Report on December 9, The Draft Plan of Subdivision consists of 560 residential units, which are single/semi detached dwellings, townhouses, 1 apartment block, 3 environmental protection areas, 1 storm management/wetland block, 3 parkland blocks, and 1 local commercial block. Page 2 of 50

3 Report #ENG , February 1, 2016 Phase 1 consists of 168 single-family dwellings, 60 semi-detached dwellings, 63 townhomes, 3 Park Blocks, a Commercial Block, a Stormwater Management Block, 2 Environmental Protection Area Blocks as well as 2 additional Blocks which are other lands owned by the Applicant, as illustrated on Attachment No. 4. BG has proposed to develop the Subdivision in 2 phases, starting in along the north of the property and proceeding to the south. A Subdivision Agreement for Phase 1 was executed between the Town and BG Properties Inc. following the passing of By-Law in April 2015 for the construction of 291 units; the Agreement was registered as Instrument No. SC on the 27th day of May, The Phase 1 lands are identified as Plan 51M An Amending Subdivision Agreement for Phase 2 was approved following the passing of By-Law in December Staff are awaiting for the remainder of the financial obligations under the Agreement to be fulfilled, following which the Agreements will be forwarded to the Clerks Department for execution, then registration by the Town's Solicitor. Reconstruction Works The section of 4th Line (Mill Street East) from The Boulevard to Sideroad 10 was previously identified as requiring reconstruction, and is included in the 2013 Development Charge Background Study. However, reconstruction of 4th Line (Mill Street East) is only required from The Boulevard to approximately 700m east to facilitate the build-out of the Ballymore and BG Subdivision lands. In addition, this section of the roadway was identified as requiring the installation of sidewalks and street lighting. The remainder of 4th Line Reconstruction, from 700m east of The Boulevard to Sideroad 10, is to be undertaken at a later date. The scope of the reconstruction works on 4th Line (Mill Street East) between the proposed limits of construction include the urbanization of the roadway; left-turn lanes at Hawke Crescent/Proctor Gate and at McGahey Street/Turner Drive; grading of the boulevards; sidewalks; street lighting; and improvements to the existing bridge located approximately 560m east of The Boulevard. The proposed construction limits associated with the works are generally identified on Attachment No. 5. The 2013 Development Charge (DC) By-law and the Background Study (amended June 18, 2014), includes the following projects which are included in the Developer s scope of work: T1-1 Reconstruction of 4th Line (Mill Street East) from a 2-lane rural cross-section to a 2-lane urban cross-section T5-1 - Mill Street Sidewalk and Street Lights BG s Consultant provided a third submission of engineering drawings in support of the proposed road reconstruction works to the Town in August Comments were Page 3 of 50

4 Report #ENG , February 1, 2016 provided to the Consultant on September 18, A fourth submission of information is anticipated in late January The Town endorsed the Ministry of the Environment and Climate Change (MOECC) Environmental Compliance Approval (ECA) Application for the storm sewer works located within the 4th Line (Mill Street East) right-of-way on September 18, 2015, following review of the 3rd Submission. Although there are a number of comments remaining to be addressed, Staff are in a position to proceed with bringing forward a Development Agreement at this time. In advance of commencing the construction activities, the Developer is to address all outstanding comments to the satisfaction of the Town, as well as ensure that the necessary ECA has been provided by the MOECC for the works. COMMENTS AND CONSIDERATIONS The draft of the substantially complete Development Agreement that is included as Attachment No. 6 to this report has been prepared by Staff, and has been reviewed by both Ballymore, BG, and the Town s Solicitor. The Development Agreement requires BG to post securities for the works and to construct municipal services such as roads and storm sewers, etc., as presented on the Construction Drawings, in accordance with the requirements of the Town and any other Authority having jurisdiction. The Development Agreement requires Ballymore to prepay funds in the amount of $962, towards the Transportation Component of the Development Charge, which is representative of the cost of their portion of the works, for which they will receive credit for on remaining units in Phases 3, 4A and 4B upon execution of the Agreement. The Development Agreement requires that BG provide securities in the amount of $962,000.00, which is representative of the cost of their portion of the works for which they will receive credit for on remaining units in Phases 1 and 2 upon execution of the Agreement,. For the purpose of the Agreement and this Council Report, BG is referred to as "the Developer" as they are the party taking responsibility for the design, coordination, construction and contract administration of the project. The Development Agreement contains all the Town s standard Development Agreement requirements. The following points highlight some of the requirements of the Agreement. Project Description The proposed project consists of approximately 700m of work on 4th Line (Mill Street East), which is an existing roadway under the jurisdiction of the Town of New Tecumseth. 4th Line (Mill Street East) is to be reconstructed to a 2-lane urban cross-section on a 30.0m right-of-way, complete with dedicated eastbound and westbound left turn lanes at Page 4 of 50

5 Report #ENG , February 1, 2016 the intersections of Hawke Crescent/Proctor Gate and McGahey Street/Turner Drive. Signalization of the two intersections is not required under full build-out of the Ballymore and BG Subdivision. A 1.5m sidewalk is to be provided within the north boulevard from McCurdy Drive to McGahey Street, and within the south boulevard from The Boulevard to the sewage pumping station. A 1.8m sidewalk adjacent to the curb is to be provided within the south boulevard from the sewage pumping station to the bridge, which is generally located at the Urban Boundary of the Community of Tottenham. To facilitate the necessary improvements to the existing bridge structure, a road closure, will be required on the 4th Line, between the Boulevard and Sideroad 10. A standalone road closure report will be presented to Council for approval in advance of the commencement of construction once the schedule of works has been finalized. It is anticipated that the road closure will be approximately 2-months in duration, and take place during the months of July and August It is to be noted that the trunk watermain, sanitary sewer and sanitary forcemain were installed within the right-of-way as part of a Town project in Emergency Access to Lands between CPR Tracks and Mill Street Bridge The temporary bridge closure on 4th Line (Mill Street East) will result in the lands located between the CPR tracks and the bridge becoming inaccessible in the remote event of the tracks becoming blocked. In order to ensure that in the event of an emergency where the tracks are blocked and the road is closed for bridge works, the following activities are to be undertaken to ensure that emergency access to the lands will be able to be provided, if required: The Developer is to make provisions when undertaking the bridge works to keep the deck in a passable state, as well as be responsible for ensuring suitable and sufficient materials and equipment are located in the immediate vicinity of the bridge to allow for the Contractor or Town Staff to provide the necessary ramping from the road to the bridge to make the bridge passable in the event of an emergency. Town Staff and the Developer are to work on securing a gated emergency access from the F&P Lands to the Town's Joan Sutherland Park / former Arvida SPS lands, such that emergency responders (Fire, Paramedic, and Police) can access the lands east of the CPR tracks in the event of an emergency, or to facilitate an evacuation. Additional details regarding the above measures will be brought forward in the forthcoming Council Report which will strictly deal with the road closure. Storm Servicing The design 4th Line (Mill Street East) to a 2-lane urban cross-section where drainage is conveyed to a series of catchbasins within the roadway, to the eastern limit of the Ballymore (Mill Street Village) Subdivision, which is approximately 440m east of The Boulevard. From this location to the existing bridge, the road will be constructed to a modified urban cross-section, which includes for curb and gutter with catchbasins and storm sewers, but with grassed ditches within the boulevards to convey surface Page 5 of 50

6 Report #ENG , February 1, 2016 drainage where there are grading constraints due to existing residential properties and insufficient right-of-way width. From the existing bridge to the eastern limit of the project, the road will be constructed to a rural cross-section with gravel shoulders and ditching. The storm sewer is to outlet directly to the Beeton Creek at the existing bridge via a concrete headwall. The design of the Ballymore Subdivision anticipated an increase in impervious area on the roadway as a result of the urbanization, and was sized appropriately to accommodate for these additional flows. As such, no anticipated additional stormwater controls for the right-of-way improvements are anticipated, subject to comments from the MOECC related to the ECA Application. Boulevard Grading and Design The Developer's Consultant has designed the boulevard grading on 4th Line (Mill Street East) to provide for minimum 2% boulevard grades from the property line to the roadway for the majority of the project. Between the eastern limit of the Community Boundary and the eastern limit of the project (approximately 260m), where there are constraints due to insufficient right-of-way width due to existing residential properties, there continue to be ditch sections where surface drainage is directed under a series of driveway culverts and discharged directly to the Beeton Creek. Illumination LED street lighting is proposed to be installed along the limits of the project, from The Boulevard to the 4th Line (Mill Street East) entrance to the Park Block within the BG Subdivision. LED lighting is to be installed in keeping with the fixtures installed as part of the Town-wide retrofit program. The lighting within the Town s right-of-way is to be installed in accordance with the Town s standards and criteria. Road Widening and Easements The proposed works along the section of 4th Line (Mill Street East) are located within a 30.0m right-of-way, as a result of a number of conveyances for road widening which were dedicated to the Town as right-of-way through the Ballymore and BG Subdivision Agreements. No additional conveyances are required from the Developers to facilitate the works, nor are any expropriations from existing properties being considered. A 6.0m wide grading and drainage easement is required along the frontage of #6397 4th Line (Mill Street East) to facilitate boulevard grading, ditching and a driveway culvert. The Developer shall be responsible for obtaining the necessary easement from the private property owner. Arborist and Tree Preservation A tree inventory has been requested for the trees located within the project area as a number of trees will be required to be removed to accommodate the work. In addition, Page 6 of 50

7 Report #ENG , February 1, 2016 the inventory is to include trees located within 6.0m of the property line into private lands, in an effort to establish their quality. As the project is Development Charge Credit eligible, tree compensation is not required to be paid to the Town for any trees within the right-of-way which are required to be removed. The drawings and reports are to provide for protection measures to be implemented during construction, and are to provide sufficient information such that tree compensation values can be determined should the health of the private trees be impacted during the construction activities. Hydro Facilities As the project requires the widening of the roadway platform and removal of the existing ditches to facilitate urban boulevards, the existing overhead hydro poles are to be relocated to suit the new cross-section. Where possible, the proposed street lighting fixtures are proposed to be installed on the hydro poles. Haul Route Text has been added to Section 4 of the Agreement to reflect the direction by Council on January 18, 2016 which prohibits construction related traffic from passing by schools at the start and dismissal of the schools. Further text has been added identifying that all haul routes are to be accepted by the Town in advance of their use and that the Town has the authority to direct the Developer to alter the haul route should complaints arise. The standard text related to liquidated damages being passed onto the Developer where there has been a documented breach of the haul route. It is acknowledged that the proposed bridge works necessitate a 2-month bridge closure, which is anticipated to be during the months of July and August The Agreement acknowledges that while the road is closed in the vicinity of the bridge, the haul route for development traffic for the Ballymore and BG subdivisions will be 4th Line (Mill Street), from the Adjala-Tecumseth Townline to the project limits. Based on the current construction schedules provided by the Developers, BG is anticipated to finished underground servicing and road construction prior to the road closure, and will be undertaking utility installations in Phase 2, house construction in Phases 1 and 2, and development of their parkland through the months of July through August. Ballymore is anticipated to be installing the municipal services and roads withing Phase 4B as well as house construction within Phases 2, 3 and 4A. Development Charge Works The Town s Development Charge (DC) By-Law identifies projects that are DC credit eligible, and required to support the proposed subdivision developments. The proposed scope of work for this project encompasses portions of two (2) separate DC projects identified as T1-1 and T5-1 in the Development Charge Background Study, Amended June 18, Page 7 of 50

8 Report #ENG , February 1, 2016 DC Project T1-1 contains a Benefit to Existing (BTE) component which represents the portion of the project to be paid for by the Town. DC Project T51- does not contain a BTE component and is considered to be entirely growth related and DC Credit Eligible. BG acknowledges that the amount of any development charge credits will only be for services actually constructed for an identifiable component in the amended By-Law and the amount of the said credit will be limited to actual certified costs for the construction. Departmental Circulation The Applicant has provided a third (3rd) Engineering Submission of drawings and documents in support of the proposed construction works. Staff are satisfied that all comments have been addressed, or will be addressed in the near future. The draft Development Agreement has been reviewed by the Town s Solicitor and is substantially in the form attached hereto as Attachment No. 6. This Agreement has been circulated to the various Town Departments and Developers for comment, and those comments have been incorporated into the final document. The Development Agreement includes standard clauses that outline how the works are to be completed. The following points highlight some of the issues that are addressed within the Development Agreement: The Developer shall construct the services and road works in accordance with the construction drawings and to the satisfaction of the Town; The Developer is required to put in place measures to control ponding, dust, erosion, siltation or slippage conditions; The Developer is responsible for ensuring that an appropriate haul route is used during the construction which prohibits construction vehicles from using the downtown cores of Alliston, Beeton and Tottenham. Should complaints be received and it be determined and documented that the Developer s Contractors are not abiding by the approved haul route, the Town has the ability to levy a penalty of $ per infraction on the Developer; The Developer shall keep all roads used for access to the Lands in good, mud and dust free condition during construction; Prior to the start of construction, the Developer shall have arranged and completed a pre-construction meeting with the Town; Prior to the start of construction, the Developer shall hold an open house to present the scope of work to the members of the community; The Developer shall maintain a public liability insurance policy, for not less than Five Million Dollars ($5,000,000.00) showing the Town as a named insured. The Developer shall keep the policy in force until the Town provides written notice that the insurance is no longer required; A separate Letter of Credit is to be posted for the proposed works; Page 8 of 50

9 Report #ENG , February 1, 2016 The Developer will be providing securities in the amount of $962, to secure the works. The Town will have the ability to draw on existing securities currently retained for internal subdivision works; Ballymore will be prepaying monies towards the Transportation component of the Development Charges in the amount of $962, upon execution of the Development Agreement and will be eligible for credits for the Transportation component of the Development Charges on their remaining units within Phases 3, 4A and 4B immediately; and The Developer will be securing the value of the project for which they will be entitled to receive Development Charge Credits for, and will be eligible for credits for the Transportation component of the Development Charges in the amount of $962, immediately following execution of the Agreement and fulfilling the obligations thereof. Outstanding Items A number of outstanding items required to finalize the Agreement have been identified by Town Staff and the Town s Solicitor and can be generally summarized as follows: Various minor text additions and revisions throughout the Agreement; Provision of Landscape Drawings for 4th Line (Mill Street East); Provision of a Tree Inventory for trees on private lands adjacent to the reconstruction works; Provision of a Draft R-Plan identifying the limits of the required drainage easement; and Ballymore and BG understand that the agreement may be revised to address any outstanding issues. The Solicitor has advised that these issues are minor in nature and will not impact on the intent of the Agreement and he is satisfied that the Agreement can proceed to Council at this time. CONCLUSION Staff are generally satisfied with the design of the road reconstruction project, including bridge improvements. Based on the above, it is the recommendation of the Engineering Department, that the Mayor and Clerk be authorized to execute the Development Agreement substantially in the form of Attachment No. 6 to Report ENG , with the understanding that additional revisions may be required. FINANCIAL CONSIDERATIONS The works are to be funded and constructed by the Developer. The works will be DC eligible and the Town will provide credits to the Developer to offset their future DC obligations within the adjacent Plans of Subdivision. DC credits will wholly be Page 9 of 50

10 Report #ENG , February 1, 2016 transportation credits. Schedule F of the attached Development Agreement provides the details of DC Credits. The total cost of the 4th Line (Mill Street East) reconstruction project has been estimated at $2,307, DC Eligible Works: DC Project T th Line Reconstruction = $ 2,185, DC Project T th Line Sidewalk and Street Lighting = $ 122, Total = $ 2,307, Development Charge Credits The Development Charge Project T5-1 for the sidewalk and street lighting is wholly DC Credit eligible and does not contain a BTE component. The Town will reimburse the Developer for Ballymore's portion of this work (50%) upon the provision of Certified Costs as set out in the Agreement. The Developer will receive Development Charge Credits for the Transportation component for the remaining value of the works, currently estimated at $61, The Development Charge Project T1-1 for the reconstruction of the 4th Line (Mill Street East) contains a Benefit To Existing (BTE) component which represents 17.6% of the total project cost (excluding sidewalks and street lighting) which is considered to be the portion of the project to be paid by the Town. The Town will reimburse BG for the BTE component for the Mill Street reconstruction works (17.6%) as well as Ballymore's prepaid portion (41.2%) upon the provision of Certified Costs as set out in the Agreement. The Developer will receive Development Charge Credits for the Transportation component for the remaining value of the works, currently estimated at $900, The total Development Charge Credit for the Transportation component available to the Developer is $962, Within 120 days of the issuance of the Certificate of Substantial completion of the project, the Developer s Engineer will be required to submit certified costs for the DC eligible portions of the works. The Development Charge Credit for the Transportation component will be available to BG following the execution of the Agreement and fulfilling the obligations thereof. The final amount of the Credit available to BG will be determined and available 120 days after the completion of the Works, the expiry of all maintenance periods and the release of the security upon the approval of the Town following the submission of the final Certified Costs incurred. Page 10 of 50

11 Report #ENG , February 1, 2016 Ballymore will provide the Municipality with a payment towards the Transportation component of the Development Charges in the amount of $962, It is acknowledged in the Agreement that should Ballymore be issued building permits and pay the Transportation component of the Development Charge between the By-Law being passed and the execution of the Agreement, this amount would be credited against the $962, Securities: BG is to provide securities for the value of the project for which they will be entitled to receive Development Charge Credits for. BG is eligible for a Development Charge Credit for the Transportation component in the amount of $962,000.00, and shall therefore provide securities in the amount of $962, The security shall be released to the Developer upon submission and acceptance of the Certified Costs following the expiry of the maintenance period. Preparation of the Agreement The Developer is required to provide the Town $4, as a fee for the preparation of the Agreement. Respectfully submitted: Rayna Thompson, C.E.T Senior Engineering Coordinator Attachments: ENG Attachment No. 1 -Ballymore Location Plan ENG Attachment No. 2 -Ballymore Draft Plan ENG Attachment No. 3 - BG Location Plan ENG Attachment No. 4 - BG Draft Plan ENG Attachment No. 5 - Construction Limits ENG Attachment No. 6 -Draft Agreement Approved By: Department: Status: Rick Vatri, C.E.T. Engineering Approved - 28 Jan 2016 Mark Sirr, CPA, CMA Finance Approved - 28 Jan 2016 Blaine Parkin, P. Eng. Deputy CAO Approved - 28 Jan 2016 Brendan Holly CAO Approved - 28 Jan 2016 Page 11 of 50

12 ENG Ballymore Location Plan Attachment No. 2 µ Alliston Beeton HAMMELL BOULEVARD Tottenham GUNNING CRESCENT MCGAHEY STREET MCCURDY DRIVE MILL STREET VILLAGE BALLYMORE DEVELOPMENT (TOTTENHAM) CORP. CARTER COURT THE BOULEVARD MILL STREET EAST 4TH LINE M 1:6,000 Page 12 of 50 Created by the Engineering Department, April 20, 2015

13 PLANNING ACT, R.S.O., 1990 * Page 13 of 50

14 ADELINE AVENUE GUNNING CRESCENT ENG BG Location Plan Attachment No. 3 µ MCCURDY DRIVE Alliston Beeton Tottenham CARTER COURT MILL STREET EAST 4TH LINE PETTIT COURT BRYAN COURT WILLOW GLEN COMMUNITY BG PROPERTIES Phase 1 THE BOULEVARD Phase M 1:5,846 Page 14 of 50 Created by the Engineering Department, December 2015

15 Phase Semi Apt. Total 26 Units 39 Units 52Units 52Units 100 Units 269 Units Phase 1-B Units Units Units Semi 34 Units Total 121Units escent Sharpe Cr Proctor Gate Williamson Drive 2 Sharpe Crescent 1-B McCabe Lane Weaver Terrace 1-A Sharpe Crescent 2 Turner Drive Turner Dr ive Phase 1-A 50 9 Units Units Units Semi 26 Units Towns 63 Units Total 170 Units Street McGovern ne Prady La nt Schwalm Cresce Page 15 of 50 ent Walls Cresc 1 ENG BG Draft Plan Attachment No. 4

16 ROGERS ROAD ENG Construction Limits Attachment No. 5 µ LAVEROCK STREET METCALF CRESCENT HAMMELL BOULEVARD F&P MFG. Alliston Beeton Tottenham FRASER AVENUE QUEEN STREET NORTH PERDUE PLACE ALEXANDER STREET Easter Park Joan Sutherland Park MCGAHEY STREET GUNNING CRESCENT MCCURDY DRIVE MILL STREET VILLAGE (BALLYMORE DEVELOPMENTS) EASTERN AVENUE Bridge Improvements WILSON STREET MILL STREET EAST 4TH LINE RICHMOND STREET EAST KEOGH STREET Keogh Park Limits of Road Reconstruction Tottenham Public School THE BOULEVARD Boulevard Park WILLOW GLEN COMMUNITY (BG PROPERTIES) ADELINE AVENUE M 1:8,000 Page 16 of 50 Created by the Engineering Department, January 2016

17 THE CORPORATION OF THE TOWN OF NEW TECUMSETH DEVELOPMENT AGREEMENT THIS AGREEMENT made this 28 th day of January, 2016; B E T W E E N: THE CORPORATION OF THE TOWN OF NEW TECUMSETH (hereinafter called the MUNICIPALITY ) OF THE FIRST PART - and - BALLYMORE DEVELOPMENT (TOTTENHAM) CORP. (hereinafter called Ballymore ) OF THE SECOND PART - and BG PROPERTIES INC. (hereinafter called BG or the Developer ) OF THE THIRD PART WHEREAS the Municipality has under its jurisdiction the road allowance between the 3 rd and 4 th Concessions municipally designated as Mill Street (or the 4 th Line), and being part of PIN , including the area between the Boulevard/McCurdy Drive intersection to a location approximately 700m to the east (the Roadway ); AND WHEREAS Ballymore is the registered owner of the lands and premises being Part of Lot 7, Concession 4, as more particularly described in Schedule A attached hereto, (the Ballymore Lands ), which the Developer is developing by way of a Plan of Subdivision for residential purposes, pursuant to a Draft Plan approved by the Municipality pursuant to Municipal File 43T (Ballymore Draft Plan); AND WHEREAS BG is the registered owner of the lands and premises being Part of Lot 7, Concession 3, as more particularly described in Schedule A-1 attached hereto, (the BG Lands ), which the Developer is developing by way of a Plan of Subdivision for residential purposes, pursuant to a Draft Plan approved by the Municipality pursuant to Municipal File 43T (BG Draft Plan); AND WHEREAS the party of the Third Part is referred to herein as the Developer ; Development Agreement (Mill Street Reconstruction) Page 17 of 50

18 AND WHEREAS Ballymore and BG are developing their Draft Plans in phases pursuant to their respective Draft Plan Conditions as implemented through various Subdivision Agreements; AND WHEREAS the Subdivision Agreements entered into between each of Ballymore and BG and the Municipality are, from time to time, amended as additional phases are developed and the within Agreement is to cover off-site obligations pursuant to the Draft Plan Conditions, but as identified in and subject to the provisions of the various Subdivision Agreements entered into; AND WHEREAS Ballymore has entered into various Subdivision Agreements with the Municipality including the following: (i) An Agreement dated the 20 th day of January, 2014 and registered on the 25 th day of March, 2015 as Instrument No. SC , pursuant to which Plan 51M-1025 was registered (Phase 1); (ii) An Amending Agreement dated the 7 th of July, 2014 and registered on the 29 th of August, 2014, as Instrument No. SC , pursuant to which Plan 51M-1038 was registered (Phase 2); and (iii) A further Amending Agreement dated the 4 th of May, 2015 and registered on the 14 th of July, 2015, as Instrument No. SC , pursuant to which Plan 51M-1068 was registered (Phase 3) and Plan 51M-1073 was registered (Phase 4A); AND WHEREAS BG has entered into a Subdivision Agreement with the Municipality including the following: (i) An Agreement dated the 20 th day of April, 2015 and registered on the 27 th day of May, 2015 as Instrument No. SC , pursuant to which Plan 51M-1054 was registered (Phase 1); and (ii) An Amending Agreement dated the 25 th day of November, 2015 and registered on the day of, 2016 as Instrument No. SC, pursuant to which Agreement BG intends to registered Phase 2 of its Plan; AND WHEREAS both Ballymore and BG continue to have a remaining phase or phases of development which will continue to be developed with additional Amending Subdivision Agreements, if necessary; AND WHEREAS the provisions of the Subdivision Agreements including any subsequent Amending Agreements will continue to apply to the Ballymore and BG Lands including these off-site obligations as described under this Agreement; Development Agreement (Mill Street Reconstruction) Page 18 of 50

19 AND WHEREAS Ballymore and BG are required, pursuant to the Draft Plan Conditions, to construct services and road improvements in relation to the Roadway, including an urbanized road with the necessary turning lanes at the intersections of Mill Street and Proctor Gate/Hawke Crescent and Turner Drive/McGahey Street in accordance with the plans and reports as listed in Schedule B attached hereto, (the Works ); AND WHEREAS the Works are necessary for the improved functioning of the Draft Plan Lands and the Roadway; AND WHEREAS the Works are projects identified in the Municipality s Development Charge By-Law to be primarily funded by development charges, with a nominal Benefit to Existing ( BTE ) component to be funded by the Municipality; AND WHEREAS BG has agreed to enter into this Agreement to construct, install, inspect, certify and provide contract administration for the required Works, to regulate the proposed construction on the Roadway, together with any construction that may be necessary on Ballymore and BG s Lands; AND WHEREAS Ballymore has agreed to enter into this Agreement to prepay monies towards a portion of the Transportation component of the Development Charge for their remaining 166 units located within Phases 3, 4A and 4B of their Draft Plan of Subdivision in order to expedite the construction of the Works; AND WHEREAS the Municipality agrees to allocate the monies collected through Ballymore s pre-payment of the Transportation component of the Development Charges towards the Mill Street Reconstruction Works; AND WHEREAS BG has agreed to enter into this Agreement to construct, install, inspect, certify and provide contract administration for the required Works, to regulate the proposed construction on the Roadway, together with any construction that may be necessary on the Developer s Lands with the result that BG will be provided with a Development Charge Credit for the Transportation component in respect of the reimbursement to BG of the costs of the Works from Municipal Development Charges; AND WHEREAS the Parties agree that Ballymore s obligations under this Agreement extend only so far as to its pre-payment of monies towards the Transportation component of the Development Charges; Development Agreement (Mill Street Reconstruction) Page 19 of 50

20 NOW THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, AS WELL AS OTHER GOOD AND VALUABLE CONSIDERATION, THIS AGREEMENT WITNESSES AS FOLLOWS: 1. RECITALS: The parties hereto confirm the accuracy of the foregoing recitals and incorporate same as terms of this Agreement. 2. SCHEDULES: The following schedules are attached hereto and form part of this Agreement: 2.1. Schedule A : Description of the Ballymore Lands Schedule A-1 : Description of the BG Lands Schedule B : Plans and Reports Schedule C : Further Terms Forming Part of this Agreement Schedule D : Estimate of the Cost of the Construction of the Works Schedule E : List of Easements and Lands to be Conveyed Schedule F : Development Charge Credits. 3. PRE-CONDITIONS: Prior to executing this Agreement the Developer shall: (a) Have obtained and submitted confirmation that satisfactory arrangements have been made with the Municipality s Engineering Department; (b) Have made application for the approval of any relevant utility or Authority having jurisdiction for the proposed development; (c) Have submitted to the Municipality the final Plans and Reports (Schedule B ) and any other Schedules that may be required for this Agreement; (d) Have paid to the Town the sum of Four Thousand Dollars ($4,000.00) for the preparation of the Agreement as per the Town s Planning Fee By-law ; and (e) Have submitted to the Municipality, the Ministry of the Environment and Climate Change s (MOECC) Environmental Compliance Approval (E.C.A.) for the storm drainage system, as well as such certificates or letters of governmental authorities or agencies from which approvals are required, including but not limited to the Nottawasaga Valley Conservation Authority Development Agreement (Mill Street Reconstruction) Page 20 of 50

21 4. DEVELOPER S CONSULTING ENGINEER The Developer shall appoint a qualified Consulting Engineer registered with the Association of Professional Engineers of Ontario, acceptable to the Municipality, to design, supervise and certify the construction and installation of the Works, with the duties of the Consulting Engineer to include, but not be limited to the following: (a) to prepare and certify the design in accordance with the Engineering Standards of the Municipality; (b) to prepare, certify and furnish all required drawings in accordance with the Engineering Standards of the Municipality required under Schedule B ; (c) to prepare the necessary construction contract(s) and provide copies of same to the Municipality; (d) to obtain all necessary approvals in conjunction with the Municipality from the Ministry of the Environment and Climate Change (MOECC), the Nottawasaga Valley Conservation Authority (NVCA), and any other governmental, conservation, or regulatory agency, as required; (e) to provide the contract administration and the full time supervision of field layout and construction of the Works including the utilities and to undertake and certify the quality of the required testing of the Works and the Works themselves, with the exception of the certification of the utility construction; (f) to maintain all records of construction and upon completion to advise the Municipality of all construction changes and to prepare final "asconstructed" drawings with a complete set of "as-constructed" transparencies and lot service location sheets for the project, to be turned over to the Municipality prior to the issuance of the Certificate of Substantial Completion. The drawings, location sheets and records are to be provided in a form compatible with the Municipality's computer-ready mapping format, the current details of which are to be obtained prior to the submission of the documents; (g) to act as the Developer s representative in all matters pertaining to the design and construction of the Works including the registration of any required Reference Plans; (h) to ensure that all work done is carried out in accordance with construction methods that conform to accepted engineering practice and relevant safety legislation governing construction practice; (i) to ensure that the Works are constructed in accordance with the engineering standards of the Municipality and the accepted Engineering Design Drawings; Development Agreement (Mill Street Reconstruction) Page 21 of 50

22 (j) to provide coordination, scheduling and certification to comply with the timing provisions of this Agreement and the requirements of the Municipality, for all works specified in this Agreement; (k) to provide certificates of progress payments and certificates of Substantial Performance under the Construction Lien Act; and (l) to provide certified costs for any services or portions thereof that are being funded by Development Charges. The Developer acknowledges that the Municipality is relying upon the skill and expertise of the Developer s Consulting Engineer in relation to the design and construction of the Works including the estimating of costs. As a result, no other engineer will replace the Consulting Engineer without the written approval of the Municipality. If other engineers are retained to assist in the design and construction of the Works, such engineers will be duly qualified for the field related to the work undertaken. In the event of any negligence by the Consulting Engineer, the Developer acknowledges that the Municipality will be entitled to claim against the Consulting Engineer as well as the Developer on a joint and several basis. The Developers shall provide a copy of this Section to the Consulting Engineer and obtain a written acknowledgement from the Consulting Engineer that the Consulting Engineer has reviewed and agreed to be bound by the terms hereof. A copy of the acknowledgement shall be provided to the Municipality at the time of execution of this Agreement. 5. EXECUTION OF AGREEMENT: At the time of execution of this Agreement: (a) Ballymore shall: (i) Have paid to the Municipality $962, to cover the value of the project for which Ballymore is entitled to receive Development Charge Credits. (b) BG shall: (i) Have paid to the Municipality a security deposit for the DC recoverable Works being constructed in the amount of Nine Hundred Sixty Two Thousand Dollars ($962,000.00) to cover the value of the project for which the Developer is entitled to receive Development Charge Credits; Development Agreement (Mill Street Reconstruction) Page 22 of 50

23 (ii) The security as required above in the total amount of $962, can be: (a) (b) cash, certified cheque, bank draft or an irrevocable standby Letter of Credit from a chartered bank, issued in accordance with the Municipality's current policy and the ICC regulations respecting Letters of Credit. The letter of Credit shall be for a minimum guaranteed period of two (2) years and shall be in a form that automatically renews for one-year periods. The Municipality will not accept letters of Guarantee. (c) Have completed and submitted to the Engineering Department all required design information, drawings and reports; (d) Have submitted to the Municipality the final approved Plans and Reports (Schedule B ) and any other schedules that may be required for this Agreement. 6. PRIOR TO CONSTRUCTION OF THE WORKS: Prior to construction of the Works identified in this Agreement, the Developer shall: (a) Have obtained all necessary permits and approvals required by any applicable agencies or authorities having jurisdiction, including NVCA, and Department of Fisheries and Oceans ( DFO ), or made satisfactory arrangements to do so prior to initiating that portion of the services that require such approval; (b) Have completed a site meeting with the Municipality s representatives at a time and place suitable to the Municipality; and (c) Have provided four (4) clear days written notice to the Municipality of the intent to commence the Works. 7. DEVELOPMENT OBLIGATIONS: The Developer covenants and agrees with the Municipality that the approved Works set out in the Plans and Reports as listed in Schedule B together with the further requirements identified in Schedule C, shall be constructed in a good and workmanlike manner and in accordance with any specifications set out in this Agreement, the Engineering Standards of the Municipality and the standards of any appropriate regulatory authority. No deviation from or modification of the Development Agreement (Mill Street Reconstruction) Page 23 of 50

24 Plans and Reports (Schedule B ) shall be made without the written approval of the Municipality, acting reasonably. Further, the Developer shall maintain the Works as set out in Section 19 of this Agreement. 8. FINANCIAL OBLIGATION: The Developer agrees to pay to the Municipality, on a cost recovery basis, the reasonable cost of the Municipality's lawyer, engineer and planning consultants for all costs involved in processing and implementing this Agreement, including the costs related to the preparation, execution, registration and enforcement of this Agreement. In addition, the Developer agrees to pay to the Municipality all fees in accordance with the Municipality s Planning Fee By-Law. The Developer will maintain with the Municipality a deposit of Two Thousand Five Hundred Dollars ($2,500.00) on account of the Municipality s costs incurred under this Agreement. The Developer will pay the Municipality s costs within thirty (30) days of being billed. In the event the Developer fails to pay these costs, the Municipality shall be entitled to deduct same from the deposit and it will be the Developer s obligation to forthwith replenish the deposit to the original level. In the event the Developer fails to pay accounts within thirty (30) days of being billed, the Municipality will be entitled to charge interest on the overdue accounts at the rate from time to time charged on overdue realty taxes. Nothing herein shall limit the Municipality from using any other security to satisfy the obligations under this section, including securities lodged under any of the various Subdivision Agreements between the Developer and the Municipality. 9. DEVELOPERS EXPENSE: Every obligation of this Agreement by which the Developer is obligated in any way shall be deemed to include the words at the expense of the Developer unless specifically stated otherwise. Nothing in this Agreement shall relieve the Developer from any other lawfully imposed rates, taxes, levies or charges now or hereinafter imposed by the Municipality or other government body. Provided, however, the Developer shall be entitled to the reimbursement of all costs incurred by the Developer which are eligible for reimbursement as provided for otherwise in this Agreement in relation to the Development Charge Credit. 10. DEVELOPER S OBLIGATIONS: The Developer will maintain the Works in accordance with the requirements set out in Section 19 of this Agreement Development Agreement (Mill Street Reconstruction) Page 24 of 50

25 11. WORKS TO BE CONSTRUCTED: The Works shall be installed by the Developer or a contractor or contractors retained by the Developer and approved in writing by the Municipality. The Works to be constructed as set out in Schedule B may not cover all items required by the Municipality and if at any time and from time to time during the installation of the Works, the Municipality is of the opinion that additional Works are reasonably necessary to provide for proper completion, the Developer shall construct, install or perform such additional Works at the request of the Municipality, acting reasonably, and at the expense of the Developer. The total costs of such additional works in such circumstances shall be added to the total amount of development charge credits the Developer is entitled to as provided for in Schedule F. Throughout the construction of the Works, the Developer shall ensure that all necessary inspections required by the Municipality will be completed during the progress of the Works. It is the intent of this Agreement that the Works be performed expeditiously and continuously, and be installed within one (1) year of the date of commencement of the Works. Should, for any reason, there be a cessation or interruption of construction exceeding seven (7) calendar days, the Developer shall provide written notice to the Municipality before work is resumed. 12. CONSTRUCTION OBLIGATIONS: No construction will take place on the Roadway prior to lodging all required securities with the Municipality, holding a site meeting with the Municipality s representatives and obtaining a road occupancy permit from the Public Works Department of the Municipality. The Developer shall at all times keep the Roadway as well as the Developer s Lands in a reasonable condition, free from hazardous situations and unnecessary debris and refuse. The Developer shall properly secure any hazardous or potentially hazardous site situation that may be necessary during the course of the construction of the Works. The Developer will also provide all necessary signs and lighting to provide warning to the public of any area of actual or potential danger and hazard. During the course of construction, the Developer shall not create any unreasonable public nuisance in the manner of dust, noise or noxious odours, and in particular, shall minimize interference with traffic flowing along the Roadway. The Developer shall repair any damage occasioned as a result of the installation of the Works Development Agreement (Mill Street Reconstruction) Page 25 of 50