Loading...
HomeMy WebLinkAboutL 32/98, -' ' , �N OF p� 1� � FROM: Penny L. Wyger Town Solicitor REPORT TO COUNCIL SUBlECT: Thomus Feelcy Construction Limited - Parts of Lot 40, Plan 350, Pickering designnted ns Parts 3 nnd 4, Plan 40R-17761 • Development Agreement - Filc: D9801 DATE: March 3,1998 REPORT NUMDGR: L 032/98 RECOMMENDATION: A by-law should be enacted to authorize the cxecution of a Devclopment Agrcement respccting the Jevclopmenl of those Pnrts of Lot 40, Plun 350, Pickering, designated as Pnrts 3 und 4, Plan 40R-17761, (7'homns rccicy Construrtion Limitcdj. ORIGIN: LD 108/97 anJ LD 109/97. AUTHORITY: Planning Acl, R.S,O. 1990, chaptcr P.13, scction 51(6); Municipu! Act, R.S.O. 1990, chaptcr M.45, scction 191( I). FINANCIAL IMPLICATIONS: Capilul Contributions: Dcvclopment Chatgc (Town portion) Development Chnrge (Pickering Hy�iro portion) Operating Contributions: Engineering Drnwing lnspection Fee Development Agreement Processing fee Construction Inspection and Testing Fees E9,722 1,326 a �o 3,000 Town Cost BACKGROUND: The Region of Durham's Lnnd Division Committee opproved Applicutions LD 108/97 and LD109/97, subject to ced,-i�• condilions. One of those conditions rcquircs thut the Owner cnter into thc appropriutc Dcvewp,nenl Agrecment with the Town of Pickcring to providc for the devclopment of lhe severcd lots, Enactment of the druft by-Inw attnched hereto will authoriu thc exccution of such a Development Agrcemcnt (n copy of which ia atlachcd os Schcdulc A to that byInw) for this project which will provide for dcvelopmcnt of U�c subjcct Innds. 153 � • 15 4 R���,o co�,��� M�n s, 1998 L 032/98 ATTACHMENTS: . 1. Locntion Mep/Site Sketch. 2. Draft by-law with proposed Development Agrcement attached ns Schedule A. � Pen yger DB:Ic Atwc6menis Copy: Genernl Manager Town Trcnsurcr (Acting) Director of Planning Director of Public Works i , l * • . . • , � o '. + . .. a • . ' � . : : .. .. � . . . . . . . . . . ., .. .. .''� , � .. .. . .� � ' � � . . . .. . �� . . � . ' � - . � t?C)l1CiE:h.�iC)11���T f�f?i :'E_ ( RkGISTEREU PLkhl 350 ) N17'01'00'W �@ I""-- e� J0.�51 (N)W�a� . --..� � --- .— ---- hh-15.218fn)w.a. g�' s� a� Q r.,u i — iatw y7�• —1u.ri1x1 -'j� �ssi (M) �� � o.�ox - — 1 �n)w.o.. I � 0 oe�. ' ( I � q� 0 �j � � i � o 'i� t' � fi ii i I j 'U I 'ii c q :�� � I ; �• :c• I ;} _ - �� fTT -� . �• . � I .:, .o� j.�:ii�2 .:i AI �oi �i I -i l.l �6 � i I $a Z IO�V, � _� nl �� I .. �rri N V 0 O i.l ` r{rl � I .. � � ' OIU � 'wl , , I � 0 1 ,, - ��. �--- -}'• 'i'i~. :�i I •SUIi- .., •SC -� � � i; � I t � � Retained � f ' I i ' ' I %i::�l;:'{'f:!%i•:U i� N ... � �� �•., ;� � r.,�. ' ni o i�s IIJSTRUAIENI Hb. y • 15.2�f1 � 1'�:a05U •I � , �.`�.P40 a � u� I I � ci 1�f � �1►- NSTRUTAENT N0. p.BI88 ,REIAAq117F1 �NSIItI11AENT N0, I' . U � � �l� � 16J693 ,flLIAAINDER t�' ' � w ---a •G� i� �1 � /1'' • ' /1'T' q n _C i �� ; ; , , , , vl- ' �.�� � �r:: .�_—�. _ ` z � u I r..0 °- (:) m r i%:..;j�! -- � ,� o �s � o � ;I' m � ,�qi e"_ I ��'r .d-- ..:: e D e- � , .0 , N N � . • ..� � V . . ' ' '_. . _._. . ._ I A U m '"I r.: "i m I s N�� r.. . � � m �. ._ ,: � � �" I U I N•O � W (r) '�► i W� ; I� --� 11' I. �� . N I � ��� y� i.tf f.) ..:r �a '�i �a .- �� ";� . � � ; ' �� ' ' I � `» ► �; � + {e � • . . -� . . . -,; --.. ---1 � ,� I 2 =:: : 1- „� I u : ;: ��n" �— c�' i� ti�...,s�� � �� ���;� ���,, � I � f�� �� :� N �a: � i • I' T ' ..I � NI)ii � �• �. y , . Oi � ��i ii: '" I rn�as�;���v �JOA9J�P�:��.) '• . t NI .�. u: I 1 5.7/7 . 15.71d . I � � t �i •'�' The ToWn of PICkCt'ing Thomas Feeley Construction Limited - Parts of Lot 40, Plan 350, Pickerin LEGAL SERVICES DEPARTMENT deaiqnuted as Parte 3 and 4, nlnn � 157 �1. . � ;.' � ;_• • � �. . � ; BY•LAW NO. 522 B/9 8 i; Being a by-law m aufhorize Ihe exrcudan oj a t Developmenf Agreemenf and relared documen�arion I' respecfing the development ojlhose Purls njLot 40, Plan 350, Pfckering, deslgnated as Purls 3 ond d, Plan 40R- l776/, (Thomas Feeley Conslructia� LimiredJ. WHERGAS the Durham Land Division Commitlec made Decisions LD 108/97 and 109/97, approving ; the severance of Part of Lot 40, Plan 350, Pickering, subject lo conditions, one of those conditions being i that the owner enter into a satisfactory Developmenl Agrcement with the Corporation Cor the ;, development of the subject lands, pursuant !o thc provisions of the Planning Acf, R.S.O. 1990, chapter i P.13 section 51(6); NOW THEREFORE, the Council of The Corporetion of Ihc 1'o��n of Pickering HEREBY ENACTS AS FOLLOWS: • 1. Thc Mnyor and Clcrk ure hercby authoriud to cxccutc a Devclopment Agrcement in ihe form nttachcd hereto as Schedulc A, L.:iwcen Thomas Fcelcy Construction Limited nnd The Corporation of Ihe Town of Pickering, respecting Ihc de�•clopmem of those Parts of Lot 40, Plan 350, Pickering, designntcd ns Pnrts 3 nnd 4, Plan 40R-17761, [Thomas Feeley Construction Limitcdj. 2. The Mnyor and Clcrk nrc hereby nuthoriud to execulc TransfcrslDecds of Eascment in the fortn attuched hereto as Schedule B, effecting the ncquisilion by The Corporution of the Town of Pickering of eny intcresls in thc nawrc of stortn dminagc works casements pursuant to thc provisions of the Development Agrecment refcrted to in section 1, ubovc. BY-LAW rcad n first, second and third time and finully pnssed this 9th day of March, 1998. Waync Anhurs, Mayor TO': �:� CF' PiC!�." �:3 ��' ' Bruce Teylor, Clerk �^ r1� LEGA.L D? PT. ovw� SCHEDULE "A" � J�� �THIS DEVELOPMENT AGREEMENT made Merch 9, 1998, pursuent to the provisions of section SI of �he PlnnningAct, R.S.O, 1990, chepter P.13, BETWEEN; THOMAS FEELEY CONSTRUCTION LIMITED herein called the "Owner" • and - THE CORPORATION OF THE TON?J OF PICKERING herein celled ihe "Town" OF THE FIRST PART, OF THE SECOND PART. WHEREAS the Owner proposes to sever Part of Lot 40, Plan 350, Pickering to provide for the development of two neH• lots and is required as a condition of the epproval thereof by ihe Cauncil of the Town to enter into an agreement wiih the Town pursuant to section 51 of the Plenning Act, R.S.O. 1990, chnpter P.13; N01V THGREFORE, THIS AGREEMENT WITNESSETH THAT, in considcration of thc Council of ihe Town issuing its cicarance of the conditions imposed by ihe Durham Lnnd L'ivision Commiltce in its dccisions LD 108197 and 109/97, covenants hereinaRer expressed, the Pnrties hereto covennnt and agree one wilh ihc other us follows: I. LAND AFFECTED Thc land afTccted by this Agreemcnt (Ihe "Lnnds") are ihose parts of Lat 40, Rcgistcred I'lan 350, Pickcring, designnted as Parts 3 and 4. Plan 40R-17761. 2, STATUS OF THIS AGREEMENT This Agreement is entered into and execmed by thc Owncr for the purposc of having the Town act in reliance on the co�•enants by ihe Owner con�ained hercin and the Owner hereby waives ony right or cluim which it now hns or mny hereina(icr ncquire ahich is incansistcnt with the tertns of this Agreement. 3. INTERPRETATION (I) Whenever in this Agreement the pronoun "it" is used, it shell be read and construed es "he", "she", "they", "him", "her" or "them", and the number of the verb agrceing therewith shall bc construed accordingly. (2) Schedules A, B and C etteched hercto shnll fortn pert of this Agreemcnt. (3) Time shali be of the essence of this Agrccment. 4. BINDING PARTIES This Agreement shall be enforceable jointly end severally by and ageinst thc Parties hereto, their heirs, executors, edministrators, succassors and essigns, and the Agr.ement and eil the covenanls by the Owner conleined herein shall run with ihc Lends for the benefit of the Town and ihe land ar inlercsts in land owned by the Town upon the registration of this Agreement. � 5' � 159 (i ) Any notice rcquired to be given hereundor mey be given by permnal delivery or rcgistered mail, (e) in the cese of the Owner, to eilher Cynthie Spnrkes Thomes Feeley Construction Limited 4599 Kingston Road, Suite 203 West Hill, Ontario MIE2P3 and (b) in the case of the Town, to The Town Clerk The Corporetion of the Town of Pickering Pickering Civic Complex One The Espianade Pickering, Onterio LI V 6K7 (2) Eech Party muy redesignate the person(s) or the address, or both, to whom or to which such notice may be givcn by giving wriucn notice io the othcr. (3) Any notice given in accordance with this section shall be deemed to have been given on the second day following the day of delivery or the day of mailing, ns thc case may be. 6. LICFNCC;TOENTER Thc Owncr shnll retein o licence Gom any subsequent purchascr of the Lends, or any pan thereof, to ennble thc Owner ond the Town's inspeclors to cnter upon the Lands in order to comply with the provisions of this Agrcemrnt. 7. OWNER'S GENERAL UNDERTAKING The Owner shall complete in a good workmanlike mnnncr for ihe Town, all the municipal servicas as hereinafler set forth to the satisfaction of the Town, and shall complete, perform or make payment for such other matters es may be provided for herein. 8• UWNER'S EXPENSE Every provisian of this Agreement by which the Owner is obligated in any way shall be deemed to include the words "at the expense of the Owner and at no expense to the Town" unless the context rcquircs otherwise. 9. CONSUI.TING ENG�NEERS (1) The Owner shall relain a Professional Engineer as the Consulting Engineer of the Owner to carry out ell ihe necessary engineering and to supervise the work rcquired to be done for the development end construction of the project. (2) Such Consuhing Engineer, or any successor thereto, shell continue to be rclained until the e�ork rcquired to be done for the development and construction of the projecl is completed and fortneily acceptcd by the Town. (3) The Owner may chenge from one Consull(ng Engineer to another at eny time or times during the development and conslruction of the project, so long as the Owner has a Consuldng Eagincer ntained et aU times, 2 I� u tiONSTRUCTION / INSTALLATION QF T4WN WQRKS ANn SERVICFS (I) The Owner shall obtain all rcquired approvals a�d sheii construct or install to Town stendards and shall provide to the Town, complete in every detail, the fallowinp Town works end urvices (Ihe "Works") as shown on plens submitted by thc Owner's Consulting Engineer to the Town and approved by the Town's Dircctor of Public Works in eccordance with the Town's specifications for such Works: (a) wnnections to street stortn sewers on the roads adjacent to Ihe Lands complete with all appurtenances; (b) a stortn water drainege and management system serving the Lands, other lends outside the Lends and outside that Pan, but which drain through the Lands or through that Part or through both the Lends end that Pan, complete with detention or «tention fecilities, quality control devices end outlets; (c) a paved driveway approach between ihe curb and sidewalk or where no sidewalk is to be provided, between the curb end the lot line. (d) street tree planting on the road allowancc. (2) If at any time prior to the acceptance of ti�. Works, the Town's Dircctor of Public Works is of ihe opinion that additional works are ncccssary to pro� �ue adequately nny of the public servicas required by the project, the Owner shall construct, install or perfortn such additional works at the request of the Dircctor. (3) All Works shnll be constructed and insallcd in uccordnncc with the Town's specifications and in a good and workmanlikc manncr unJer the supervision of ihc Owner's Consulting Engineer and undcr thc obscrvation of ihe Town's inspectors. (4) The Owner shall conduct video inspections of nll underground services rcquircd to be constructed or installed hcreby und shall provide a VfIS-fortnat �•ideolapc rccord of those inspeclians to the To�vn. (5� Thc Owner shall pay to the Town the ToH•n's costs of inspcction, including but not neccssarily limited to, salarics and wnges of inspcciors, testing fees nnd udministration fees, within 30 days of invoices being rendered. I I. GF.NERAL REGULATIONS RESPECTING SERVICING (I) The construction of Town boulevards shall include the construction of paved driveway approuches between the curb and sidewalk or, wherc no sidewalk is to be provided, between the curb and the lot line. (2) Wherc the conslruction or installntion of serviccs involves a continuation or extension of existing services, the Owner shall join into the existing services, including adjustment of grades where necessary, in a gaod and workmunlike manner. (3) The Owner shall not dump nor pertnit to be dumped any fill or debris on, nor rcmove or pertnit to be removed any fill from, any public lends, other than in the actual conswction of works in the project without the written consent of the euthority responsible for such lands. (4) The Owner shall not bum nor permit to be bumed any refuse or debris within the project or edjacent to it. (5) The Town's Director of Public Works mey have quolitetive or quentitetive tesis made of nny materials which heve been or are proposed to be used in the construction or installetion of any services rcquired by this Agreement, and the cost of such tests shall be paid by thc Owner within 30 days of invoices being rendercd. (6) The Owner shall pay, within 30 deys of invoiees being renJercd, the costs of, (a) relocating any existing sorvices or utilitics rcquircd to be rcloceted by the construction or installetion of Works, sorvices, or utilities in the project, end • '; . 3 ;�s ,_ , `?;� ,::, 3 .r.. , i61 (b) moving eny Works, services or utilities instelled in driveweys or ao clou thereto, in the opinion of the Town's Dircctor of Public Works, as to interferc with the use of ihe driveway. (7) Unless otherwise provided hercin, the Owner shall perfortn any wark required to be done under this Agrcement to the specifications of the Town in ef(ect at Ihe datc htrcof. (8) The Owner shell provide and erect temporary signs of such nature and at such locations as dcsigneted by the Town's Dircctor of Public Works. 12, ELECTRICAL SERVICES Where electricity, cable television service or telephone sen•ice is to be provided to any lat ar block in the projcct, it shell be provided underground and in eccordance with the standards and specificatinns of Pickering Hydro•Electric Commission, Trillium Cable T.V. Limitcd or Bell Canada, as the case may be. 13. GRADING CONTROL PLAN / LOT DRAINAGE AND SODDING (I) The Owner shall submit to the Town, for thc opprovul of the Town's Director of Public Works, a Grnding Cantrol Plan and geotechnical soils analysis prepared by ihe Owner's Consulting Engineer, establishing the proposed grading of the lands in thc projcct to provide for the proper drainage thereofand the drainuge ofall edjucent lands which drnin through the lands in the project. (2) The Grading Control Plan shall bc prepared in accordancc w�ith the Town's Lot Drainage Spccifications and shall not providc tor ihe drainagc of surfacc run•off u�nter onto Town-owned land unless provision is made for the installniion by the Ow�ncr, at no cost to the Town, of suitnble swales end cnlch basins to manage ndequately, in the opinion of ihc Town's Director of Parks and �ucilities, that surface run•aff watcr. (J) The Owncr shell grade nll the lands in ihe projecl in nccordancc with thc npprovcd Gmding Control Plan, ensuring Ihat su(licient lopsoil rcmains us covcr on all areas of Ihe projccl intended for sodding, seeding, or athcr planting. (4) If the Town determincs that, (e) grading has not bcen donc in uccordance with thc Groding Control Plan, (b) greding has been done in uccordunce with the Grnding Cantrol Plnn but drninage problems remain, or (c) sufficienl topsoil has not been letl in thc appropriete areas, the Owner shall rc-grede the project, or part thercof affected, adding a sufticient amount of topsoil if necessary, or conswct catch basins, swales or other structures as may be necessary to correct such problems, as dirccted by thc Town's Dircctor of Public Works. 14. AUTHORIZATION TO COMMENCE WORK The Owner shall not commence the construction or instelletion of any of the Works without the wriuen Authorizetion to Commence Work of the Town's Director of Public Works, which Authorizntion shall not be issued until all approvals rcquired by this Agreement have bcen obtnined and, (e) four red-lined copies of this Agrcement executed by the Owner and all Encumbmncers have been provided to the Town to the satisfection of the Town Salicitor; (b) ell monies, securities and insurarce policies, as noted in lhis Agrcement, have been delivercd to the Town to the sntisfaction of the Town Treasurer and the Town Solicitar; (c) all approvals and permils have been obteined by the Owner from the Ministry of thc Environment, the Ministry of Naturel Resources and the Metropoliten Toronto end Region Conservation Authority, or a ceAificete has b:en provided by thc Owners Consulting Engineer thet no such approvals or permits erc rcquircd; end 4 162(d) conveyence of good title, frce and clear of eil encumbrances, lo the Town, of all necessary Essements end Trensfe�s of intercsls in lends lying oulside of lhe Lends es idcntificd in Schedule A; and (e) the Owner's Solicitor hes provided,,at the Owner's oxpense, a ceAificete of clear title, to thc selisfaction of lhe Town Solicitor, of ell the lends and intcrcsts of lends conveyed to the Town, lying outside of the lends, as set out in Schedule A hereto. I5. USE OF WORKS PENDING COMPLETION / EMERGENCY REPAIRS (I ) Any of the Works mey be used by the Town, or by such othcr person or agency as may be authorized by the Town's Dircctor of Public Works, for the purposes for which ihe Works ere designed, and such use shell not be deemed en acceptance of any of ihc Works by the Town, nor an assumption by the Town of any liability in connection therewith, nor a releese of the Owner frmm �ny of its obligations under ihis Agreement. (2) The Town may make emergency repairs at any time io any of ihe Works and may for this purposc enter ihe Lands et any time; such repair or ontry� shall not bc deemed an acceptance of any o( thc 11'orks by the Town, nor an assumption by thc ToHn of any liability in connection thercwith, nor a release of the Ownor Gom any of its obligations undcr this Agreement. 16. ROAD MAINTENANCE AND RF.PAIR ( I) Throughout the tarm of this Agrecment. Ihc O��ner shall. (�) mointnin all Tow�n roads outsidc Ihc project, including boulevards, in n mud nnd dust frec condition end Gee of obstructions, whcre the source or cause of the mud, dust or obstruction is nn operation or operations rclotcd in nny way lo thc dcvclopment of the projecl; and (b) rcpair all Town roads outside Ihe projcct. including boulevnrds, wherc damnge has occurred as a result of an operalion or operations relatcd in any way to Ihe development of thc pmject. (2) The Owner, within 24 hours of vorbal notification by the Town �o it or its represcntntives, shall undertnke such works as are necessary to cican, clear, repair, plow or salt any Town road requiring such work in thc opinion of the Town's Direclor af Public Works or his dcsignute. 17. COMPLETION DATES-TOWN WORKS AND SERVICIiS The Owner shall complete the Works in accordunce with thc following timc limits: (a) sircet storm sewer connections - one year from date of Authorizetion to Commence Work; (b) stortn water drainege and managemenl system - one ycar Gom date of Authorization to Commencc Work; (c) boulevards and sidewalks on adjacent roads - prior to the occupancy of any building on the Lands; (d) street trce planting - two years from date of Authorization to Commence Work, following the satisfectory completion and testing of all of which, and the approval thercof by thc Town, the Town shall issue to the Owner e Completion Acceptance Certificete. IS. FAILURE TO COMPLETE /1MPROPER PERFORMANCE (I) If, in the opinion af the Town's Dircctor of Public Works, the Owner is not constructing or instelling ' the Works, or cousing them to be wnstructed or installed, within the specified time or so that �hey mey be completed within the specified time, or is improperly perfortning thc Works, or has neglected or abandoned them beforc completion, or has unreasonably delayed them so thot thc tertns and conditions of this Agrcement ero being vialeted or executed carclessly or in bad feilh, or has noglected or rcfused ro rcnew or agein perfortn Works reJectcd by the Dirccror of Public Works es defecAve or unsuiteble, or hes in eny other manner, in the opinion of the Dircctor of PubBc Works, defeulted in the perfortnanco of the terms and condltlons af thls Agrcemrnt, then the Dircctor may 5 � 163 � notify ihe Owner and his surcry in writing of the default or neglect end if the notification be without effect for ceven days, ihen the Dircctor shell heve full authoriry to meke any payment or do any thing, including but not limited to obteining meterials, tools and mechinery end cmploying persons rcquircd for the proper completion of the Works or rcctification of the default, at the cost end expense of the Owner or his surcty, or both. (2) In cases of emergency, in the opinion of the Dircctor of Public Works, such Dircctor may act without prior notice but lhe Owner end its surcty shail be notified forthwith. (3) The cost of rcctifying the default shall be calculated by the Director of Pu61ic Works, whou decision shall be finel, and mey be cherged to the Owner, together with e 25 per cent engineering and administration fee, by drawing upon the letter of crcdit filed with the Town under section 21. 19, GUARANTEE OF WORKS. WORKMANSHIP AND MATERIALS (I) The Owner shall guarantee all Works, workmenship and matcriels employed or used in the construction, installation or completion of Works, services and other requirements under this Agreement for a minimum period of two ywrs (the "maintenance period") following the issuance of the Completion Acceptance Certificate by the Town. (2) Despite any other provisions of this Agrecment, the responsibilities of the Owner during the maintenence period shali include the maintenance of the Works, including the rectifica�ion of any unsatisfacrorily installed Works. (3) Prior to the end of the maintenance period, ihe Owners Consulting Engineer shnll submit to the Town, (a) "ns bui1P' construction drowings for the Works complete ns per Town standards, together with that ConsuUing Engineers ccrtificute that ihosc drewings accurately depict thc Works as constructed; end (b) a statemcnt by nn Ontario Land Surveyor thal all stnndard iron burs as shown on the registered pinn, nnd survey monumcnts at all block comers, at the ends of nll curves (ather than comer roundings) end at all points of change in dircction of sircets in the plan hnve been found or rc•esinblished. (4) Prior to the end of the maintenance period, �he Town will rc•inspect the Works and if, (a) thc Works arc acceptablc; end (b) the Owner has performed all of its obligations under the tertns of this Agreement to the satisfaction oPthe Town, the Town will issue to the Owner n Final Acceptance Certificate at which time the Town will assume ownership of the Works and the operation nnd maintenance theaof, and the maintenence period will then end. (5) If upon the re-inspection conducted prior to the end of the maintenance period, (a) the Works ere not accepteble, or (b) lhe Owner has not pedormed ell of its obligetions under the ternts of this Agreement to the satisfaction of the Town, the Town will advise the Owner of lhe deficiencies, the expected rectifications, and the time limited for implementing the roctifications (the "rcctification period") and the maintenance period shnll be extended to the end of the rcctification period. (6) At the ond of the rectification period, the Town will rc-inspect'he Works and if, (e) the Works arc eccepwble; and (b) the Owner has performed ell of its obligeUons under the tertns of this Agrcemrnt to the setisfectfon of the Town, 6 � ., ,. , , :,. , x. , ,. , ,. :. . ; _ , 16 4�e Town wili issue to the Owner a Finai Acceptence CeAificate at which time the Town will assume ownership of the Works and ►he operntion end maintenance thercof, and the maintenance period will then end, (7) If upon thc rc•inspecdon conducted at the end of ihc rectification poriod, (a) the Works ere still not eccepteble, or (b) the Owner has not performed all of its obligalions under the tertns of lhis Agreement to the satisfaction of the Town, the Town's Dircctor of Public Works shall determine, in his sole discrction, whether a furthcr rectification period will be granted, and, if so, upon what terms and conditions, or whether the Town shall proceed under the provisions of section 19, or both. 20. PERFORMANCE AND MAINTENANCE SECURITY (1) Before this Agrcement will bc executed by the ToK�n, the Owner shall file with the Town an irrcvocable letter of credit, issued by n chanered bank in Cnnada in the form set out in Schedule D and in an amount estnblished by thc Director of Public Works (the "original value"), as n performence end mnintenance security for ihe purpose of, (u) guaranteeing the satisfnctory construction, installaiion or performance of the Works; (b) guaranteeing the payment of any amounts pagablc to ihc Town under this Agreement; (c) gunrnnteeing ihc payment of any nmount that ihc Town may bc required to pay undcr the provisions of the Cunsrructlon Llcn Acr, or nny successor thercto, end (d) gunranteeing all Warks, workmnnship nnd materials during thc mointenancc period nnd any rcclification period or periods and until u Final Accepiancc Cenificnte hns been issued by the Town's Director of Public N'orks. (2) The Owner may, ut any timc aRer the first 50 per cem, in value, of Works have been constructed, installed or perfortned, and pnid for, app�y for a rcduclion in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works thal the consiruction, installation or performance of the Works for which rcduction is bcing soughi have bcen satisfactorily completed and paid for, the Town Muneger mey rcduce tho amount of the security to an amount not less than, (n) 60 par cant of the original value wherc no certificnte or declaration of substential performance hus beem m�de; (b) 35 per ccnt of the original value whcre, (i) a certificate or declaration of substenlial performance has been published; (ii) 45 days following such publication have expired; and (iii) ell liens that may be claimed against eny holdback required to be rcteined by the Town have expircd or have been satisfied, discharged or provided for by payment into caurt; and (c) 17 per cent of the original value where, (i) a certificate of finel completion hes been madc by the Owner's Consulting Engineer; (li) 45 days following the making of such certificete have expircd; Qii) all liens thet mey be cleimed ageinst any holdback rcqufrcd to be rctained by the Town heve expircd or have been eatisfled, discherged or provided for by peymrnt into court;and , 7 �^. li_ �'� ' . . . . . . . . . .�.� l '. ' ,:�. . - . . , ' � . . � �. � . ; 165 (iv) a Compledon Acceptancc Cenificete hes Ixen issued by 1he Towds Director of Public Warks, which 17 per cent ponion sheil securc the guarentee of Works, workmanship end meterials, unlil a Final Acceptance CeAificate has been issued by the Town's Director of Public Workt, when the balance of the security shall be retumed to the Owner subject to any deductions for rcctification of deficiencies. (4) Upon the approval, if any, of a rcduction in the emount of the security requircd to be provided in subuction (1), the Town Menager or the Town Trcasurer shall provide to the Owner any necessary assurance to effect the rcduction. 21. OWNER'S GENERAL INDEMNITY Until the Town's Dircctor of Public Works has issued ;ue final Acceptance Certificate for the Works, the Ow�ner shall indemnify the Town against all ections, causes of actions, suits, claims and demands whatsoever, which may arise either directly or indirecUy by reason of the Owner undertaking the project or servicing the Lands ns required under this Agreement. 22. OCCUPATIONAL HEALTH AND SAFETY (I ) The Owner cenifies that it is aware of its duties and obligniions under the Occuparianal Nealth and Sujery �icr, or nny successor thereto, and all Regulations ihcreunder (herein called the "Act"), and shall cnsure thut its employees, contraclors, subcontractors nnd thair employees, (n) arc awnrc of their rcspective duties and obligntions under the Act, and (b) havc sufficient knowledge and training to perform all works and services required pursuant to this Agreement safely and in compliance with the Act. (.1 in ihe performance of ull works and services rcquircd pursuant �o this Agreement, the Owner shell, (n) act snfely and comply in all rcspects with the Act, und (b) ensurc that its employees, contraclors, subcontractors end their employees act safely end comply in all respects with the Act. (3) The Owner shall rcctify any unsafc act ar practicc and any non•compliance with the Act immediately upon being notified by any person af the existence of such act, practice or non- complience. (4) The Owner shall permit representatives of thc Town on the site where any works or services required pursuant to lhis Agrcement arc being perfortned et any time or times for �he purpose of inspection to determine compliance with this section. (5) No act or omission by the Town or any representativc of the Town (including the entering into of this Agrcement) shall be deemed to be an assumption of any of the dutits or obligations of the Owner, its employees, contractars, subcontractors and their omployees under the Act. (6) In addition to the Ownor's general indemnification of thc Town pursuant to section 22, above, the Owner shall indemnify and seve hartnless the Town, (e) Gom any loss, incanvenience, demage or cost to ihe Town which mey rcsult from the Owner or any of its employees, contractors, subcontractors and their omployees feiling to act sa&ly or to comply in nll respects with thc Act in the performance of eny work or service rcquircd pursuent to this Agrcement; and (b) ageinst any ection or claim, or cosu rciated thercto, brought egeinst the Town by any person erising out of any unsafe ect or pracdce or any non•complience with the Act by the Owner or eny of its omployees, contrectors, subcontractors end thefr cmployees In the performance of eny work or service requircd purouent to this Agrcomrn6 . 7'',_ " . . . � . . , . , 8 ,�i' , 2S S� LIABILITY MSURANCE POLICY / PROVISION FOR D.n� ir°riRi.a (I) Beforc lhis Agrcement will be executed by the Town, the Owner ahall file with the Town a Certificate of Insurence verifying that e Lie6ility Insurance Policy is in efkct, utting out the esuntial terms and conditions of the insurence, and neming the Town es edditional named insurcd, ell of which shall be subject to the approvel of the Town Solicitor. (2) The policy shall comply with the following provisions: (a) the minimum limit per occurtence shal) be 55,000,000 all inclusive for property damage and petsonal liebility; (b) it shall not contein a clause for exclusion for blasting; and (c) it mey not be cancelled unless prior notice by registercd letter has been given to the Town b�� the insurer thirty days in advance of the expiry datc. (3) The polir.y premium must be paid initinlly for a period of onc yenr and the policy shall be renewed for further one year periods until the Final Acceptance Certificate has been issued by the Town's Director of Public Works. (4) If the policy coverage is subject to a deductible amount, the Owner shall file with the Town, when filing the Certificate of Insurance, a ceAified chequc or leuer of crcdit with the Town in the dcductible emount, as a deposit, together wiih a Ietter from the Owner authorizing the Town to appoint an independent adjuster and to investigate claims Icss than the deductible amount nnd authorizing the Town to pay such claims deemed valid by the adjuster oul of the deposit; the Owner shall be responsible for all adjus�ment service costs and sheil maintain the deposit throughout the icrm of Ihis agreement in the amount of the dcductible. (5) The provision of the insumnce policy required by ihis seclion shall not relieve the Owner from liabiliry for claims not cavered by the policy or which excecd its limiu, if eny, for which the Owner may be held responsiblc. 24. CONSTRUCTION AND OCCUPANCY OF l3UII.bINGs (I ) No building permit shall be issued for any building or pah of a building on the Lands until sea�er nnd wnter fncilities are available, and in the opinion of the Town's Director of Public Works, capable of proviJing ndequale service. (2) No building or part of a building on the Lands shall bc occupied except upon the issuance of a municipal occupancy permit. (3) Nu application for a municipal occupancy pertnit for a'vilding or part of e building shall be mede except upon the following conditions: (a) storm sawer, senimry sewer and water fecilities nre instniled and in operation to adequately sorve such building or part thereof; (b) electric service is completed end in operation; end (c) such curbs, as in the opinion of the Town's Director of Public Works, arc rcquired to be completed prior to occupancy have been constructed on the road immediately in front of thc building or part thercof and extended to en existing maintained public road. 25. DESIGN PLANNING - BUILDMGS AND NOISE ATTFN taTinN �Teu�n taFc (1) Prior to the issuence of any building permit for the construction of nny building on the Lands and the construction of any noise ettenuation swcturc in or edjecent to the project, the Owner shall submit to the Town's Director of Plnnning, for approvel, e rcporl outlining siting and architectural dcsign objectives for the project. � 9 (2) Thet rcport may Ix rcquirod, at the Dircctors option, to provide the following infortnation: 1 d� (e) building massing; (b) streetscape; (c) exterior materiels end colouro; (d) arohitecturel style; (e) visuel variety; (� energy conservation measurcs; and (g) any other data or information reasanably required. (3) Prior to the issuance of each building pertnit for the construction of a building on the Lands, the Owner shall submit to the Town's Director of Planning, for epproval, site plans and architectural drawings for that building. (4) Thou pinns and drawings may bc required, nt the Director's option, to provide the foilowing infortnation: (a) the locetion of all buildings and structures to be erected nnd the location of all facilities and works essociated therewith; (b) the location of lendscaping features, including trees to be presorved; (c) streetscape for front, rcar and tlankagc ele��ations nt a scale acceptable to the Director; (d) streetscape to show all strcet fumiture and vegeiation: (e) the relntionship of buildings by blocks; and (Q eny othcr data or information reasonably rcquircd. 26. SPECIFIC PROVISIONS RESPECTING DEVEI.OP�IENT The Owner shall comply with any specific provisions respecting the development of this project set out in Schedulc C. h3��:i11������Il13i�C� (I) Should uny letter of credit securiry requircd to be provided hcreunder expire before the Town rcleases the Owner Gom the terms and canditions hcreof, the Owner shall provide to ihe Town at leust 30 days in advance of the expiry date of that ucurity, a further securiry to take effect upon thc expiry. (2) Such further security shnll be in u fortn end amount sntisfactory to the Town. (3) Should no such further security be provided as required, then the Town shnll have the right i� convert the expiring security into cash and hold the cash in lieu of and for the same purposes as the expiring security. 28. PAYMENT OF LIENS AND OTHER CLAIMS ( I) The Owner shall discharge or vacate any liens or cleims filed with the Town or registered on title to eny Town-owned lands within thirty days of being rcquested to do so by the Town. (2) At the end of the meintenence period, as extended during any rcctification period, the Owner shall file with the Town a Stetutory Decleretion steting thet, (e) all materiels heve been supplied and all services and works have been completed in the project with rospect to the construction and installation of Works end other services; (b) aii accounts for work or service perfortned end meterials placed or fumished upon or in respect of the construction end fnstallation of Works end other services in the project havc been fully peid end se►isfied end no person (s enQtled to claim u Ilen undor the Corurrucrton Lfen.lct egeinst the Town or eny Town•owned lend; (c) therc are no judgmonu or exocutfons filod ageinst the Owner, 10 : . . . , x _ 16 g (d) nothing is owed by the Owner or cieimed egainst it for unemploymtnt insurance deductions, income tax deductions, or by wey of contri6ulion or essessment undcr the Warkers' Compensnlion Act; (e) the Owner hes not mede any assignment for the benefit of creditors, nor has eny receiving order been mede egainst it under ihe Bankruplcy Ac1, nor has any pctitior for such an order been served upon the Owner; and (Q 45 days heve pnssed since the completion of the construction, fnstallation, and last rcctification oFthe Works end services. 29. PAYMENT OF 1NTEREST ON OVERDUE AMOUNTS PAYABLF The Owner shall pay interest at the rate of IS per cent per year to the Town on all sums of money paynble hereunder which are not paid on the due dates calculated from such due dates. 30. �YMENT OF RF.ALTY AND BUSINESS TAXES I LOCAL IMPROVEMENT CHARGES (I ) The Owner shall pay in full as they come due all realty and busincss taxes assessed againsl the Lands or egainst tha Owner as requircd by law from time to time. (2) Before this Agreement will be executed by ihe Town, the Owner shall commute and pny to ihe Town or to the Regional Municipality of Durham nll local improvement charges nssesscd against ihe Lands. 31. PAYMGNT OF F.NGINGERING. LEGAI AND RFGISTRATION FFFS ( I) E3efore this Agreement will hc cxecuted by thc Town, thc O�aner shnll pay b}• certified chequc to thc Town an Engincering Drawing Inspcction Fec in Ihe nmount set out in Schcdule C for the examinntion and inspection donc by thc ToH•n's Public Works Depanmcnt in the proccssing of the rngineering drnwings for this projecl. (2) �eforc this Agrecment will be execuled by the To�en, thc Owner shall pay by certificd cheque to thc Town a Development Agrcement Proccssing Fec in �hc amount set out in Schedulc C for thc preparntion nnd processing of this Agrcement by �hc Toan's Lcgal Scrvices Dcparlment. (3) Prior to the rcgistration of this Agrcemcnt Ihe Owner shall pay all registration costs incurtcd by thc Toµm releting in any wny to thc rcgistration of this Agrccmcnl, or nny other documentation relating to this project, including transkrs, in ihe Land Rcgistry Officc. 32. PAYMENTOFDEVELOPMENTCNARrES ( I) The Owner shall pay to the Town, in accordance with the Developmenr Cl�arges Act and the Town's Development Charges 8y-Law 3654/91, dev�lopment charges for each dwelling unit with the project. (2) The amount of lhe development charge for ench dweiling to be erected in the plan shall be the amount set out in Schedule C for that type of dwelling, as adjusted unnually in accordnnce with Schedule C. (3) Wherc a development charge is peyeble for a dwelling locnted on a percel of lund compriscd of lend in this plen and lend not in this plan, the amount of the developmcnt charge pnynble for thnt dwelling shall lx ihe emount calculated in eccordance with the provisions of the Subdivision Agrccment for the most recently registered of tht plan or plens within which the pnrcel is locoted. 33. TRANSFRRS'OF LANDS OR INTERFCrc tN LANDS (I) Upon executing this Agreement, the Owner shell canvey or eause to bc conveyed to the Town, frec end clear ot all encumbrances end at no cost to the Town, all of the lends or intercsts in landi identified in Schedule A for the purposcs set out theroin. (2) The Owner hereby w�artents 1hat, upon such canveyance, neither the litle to the lands conveyed nur their physicel stetc and condition shall prcvent the Town Gom lawfully or physically using the lands for the purposes for which they are being canveyed us sot out in Schedule A. (3) Any Transfer/Deed given pursuent to this Agreement shall be in a form acccptable to the Town Solicitor end eny Transkr/Deed of a stortn drainage warks eesemcnt shall contain the Storm Drainage Works Easement Schedule set out in Schedule A. (4) The Town may complete or el�er nny descriptian of land in this Agreement or in any Transfer/Deed given pursuent to this Agreement so as to make the dcscription wrrespond with the proper description of the land. 34. ER GISTRATIONOFAGREEMENT (1) This Agreement shall be registered by the Town in the Lnnd Rcgistry Office for the Land Titles Division of Durham (No. 40). (2) Prior to the registration of this Agrecmcnt, lhe Owncr shall pay all registrntion wsts relating in uny way ta the registration of this Agreement, or an�� other documentation relating to this project. (3) Prior to the registration of this Agrecmcnt, thc Owner's Solici�or will provide, at the Owner's expense, a certificate of title, to the saiisfaction of the Toa�n Solicitor, of nli the lends und interests of lands conveyed to th� Town es set out in Schedule A hcreio. (4) The Owner shall givc to every purchaser of thc Lands or any part of the Lends octunl notice of the existence and the tcrms of ihis Agreemcnt nnd shall includc an ecknowledgment in nny offcr to purchase or other similar document dcnling wi�h thc Lunds, or eny part of them. (5) Thc Owner shall indemnify nnd savc harmicss ihe Town (rom any loss, inconvenience or damngc which may result to thc Town from Ihc O«ncrs failurc �o comply H�ith subsection (2) and against uny nction or claim madc against thc Town by any person athcr �han the Owner arising out of the execution by the Town of ihis Agrccment. (6) The Owner shall cxccutc such funhcr assuranccs of thc rights hereby grnnted ns may bc deemed necessary by the Town. IN WITNE•SS WHEREOF the Panies hereto have hcreunto n((ixcd thcir respective Corporate Seals nitested to by the hands of their euthorized officers, SIGNED, SEALED AND DELIVERED THOMAS FEELEY CONSTRUCTION LIMITED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Meyar Bruce Teylor, Clerk 12 i ,�pICUMBRANCER - 11i��ncumbrancer hercby postpones any rights or interesls which it has in the Lends with the intem thet this Agrcement shall take etTect es though executed end rcgistercd prior to the creation of any such right or interest and prior to the execution end registretion of any mongege, egrcement or other document creating or defining any such right or intercst; And the Encumbrancer hereby covenents end egrces with the Town that this Agreemenl end any conveyance, easemenl or other document given pursuant to this Agreement, shall have prioriry over the rights of the Encumbrancer in the Lends with lhe intent thet the Encumbrencer or enyone claiming under it shall a1 no time exercise in relntion to the Lands any right, tille or cleim which could not be exercised by the Owner by reason of the terms of this Agreement. Dated at , Onterio, this dny of , 1998. 51GNED. SEALED AND DELIVERED IWAIII Wc have au�horily to bind thc Corporation, 13 SrHEDULEA TRANSFERS OF LANDS OR 1NTERESTS IN LANDS OR CREDITS IN LIEU TNEREOF (Section 33) I. CONVEYANCES REOUIRED TO BE MADF TO THF TOWN I.end to be Conveved Any portion of the Lends determined by the Town's Director of Public Works Any other lands autside the Lands determined by the Town's Director of Public Works 2. PROVISION OF PARKLAND P�ose Storm drninnge works Storm drainage works Lnlercst to be Convey� Easement Easement ��z� Thc Owncr shall, prior to Ihe registration of ihis Agrcement, pay the sum of 52,800, by certified cheque to thc Town, in lieu ofa parklund contribution for this projecl. 3. STORM DRAINAGB WORKS EASGMf•.NT Rf:fERENCE PLANS (I) Thc Owncr shall obinin and delivcr to the Tow•n one drali copy of ench proposed reference plon rcquired to cffccl Ihc conveyancc of any cnscment or enscments rcquired undcr section 1 of this Schedule within 30 days of thc Town's rcqucst io do so, anJ thc provisions of subsectians (2) and (3) will upply. (2) Upon the complction of Ihc conslruction and installation of Ihe stortn dminagc works within cach cusemcnt shown on any proposed refcrcnce plan, thc Owner's Consulting Engineer shall advise thc Towds Director of Public Works of the ucwal location.of ihe works in relntion to the proposed easement ar ensemcnts, end if the Director is satisfied wiih thc nctual location of the works, the Owner shnll register that rcference plan und provide four copies of the plen as registered to the Toun Solicitor. (3) If the Town's Director of Public Works is not sntisfied with the actual location of the works in reletion to the proposed eascment or cascments, the Owner shnll obtnin end delivcr to thc Town one draft copy of a revised proposed reference plun, and the provisions of subsection (2) end of this subsection will continue to apply. 4. STORM DRARJAGE WORKS EASEMENT SCHEDULE Where a conveyence of en easement is for stortn drainage works purposes, the following Schedule shall be attached to the Trensfer/Deed of Easement: INTEREST/ESTATE TRANSFERRED Subject lo the following tertns and conditions, the Gee, uninterrupted end unobstructed right and easemrnt to lay, construct, operate, maintein, inspect, alter, rcpair, replace, rcconswct and rcmove stortn drainage works together with appurtenances thereto (hercin called the "works"), in, over, elong, across, upon and under thc land described in Box 5(hercin called the "lands"), and to drain stortn water in, over, along, across, upon end under thc lands, together with the right to the Trans&rce, its servents, agents and contractors with all necessary vehielcs, supplies end equipment to entcr onto lhc lends and pess end rcpass over the lands for thc purpose of exercising or enjoyfng �ny of the rights grented lurcin, The terms and condiUons which the part(es heroto covenant and egrce to observe and bc bound by erc es follows: 14 17 f' The Trensferce shall, except in cese of omergency, bcfore commcncing any work euthoriud hereby, give to the Transferor forty-eight hours provious written notice thereof, end in ceses of emergency such prcvious notice thercof es is rcasonably possible. 2. Upon completion of eny work, the Transferee shell fill in all excavations, restore knces, and rcstore the surface of the ground by rcstoring ell topsoil and gress cover disturbed thereby, and do necessary grading lo ensure soil end slape stebility, end remove ali equipment. 3. The Trensferor shell not ercct eny building or structure (except a fence) on the lands, und shall nol place or rcmo�e eny fill on or from eny pan of the lands without the previous written conxnt of the Transferce. 4. The right and easement granted herein shall be subject to all leases, licences, and any rights of use or occupation existing et the date hereof, and the Transferar may from time ta time renew or extend these or make new ones, so long as they do not interfere unreusonubly with the right and easement herein granted. 5. The Trensferor hereby releases the Transfcree Gom uny claim which may arise out of the exercise by the Trensferee of the righl and easement granted hereby or which may erise out of the existencc of the storm wuter ar the existence, operation or nomoperaiion of the stortn drainege works provided ihe Transferee has complied with all of thc terms and conditions herein. 6. The Transferor shnll execute such further assurances of 1he right end easement granted hereby as the Transferee may reasonably request in writing. 7. The burden of this Transfer and of nll �he Ierms ond condi�ions contnined herein shull run with thc lands. S. This Trnnsfer and all of the terms nnd conditions contained herein shall enure to the benefit ofand be binding upon the Trnnsferor und the Transferce and thcir respective heirs, executors, ndministrntors, successors und essigns. LAND BENBFITGD (D0�11NANT TCNGMGNT) 9. The benefit of this Tronsfcr nnd nll of ihc tcrms ond conditions contained hcrcin shall run with all other lends end interests in Innds owned, occupicd or used by Ihe Transfcree for the purpose of operating and maintaining storm drainagc vorks. _ 15 173 SCHF.DULE R REQUIRED FORM FOR PERFORMANCE AND MAINTENANCE SECURITY LETTER OF CREDIT (Sectiou 21) To: The Corporation ofthe Town of Pickering Pickering Civic Centrc . Onc The Espinnede Pickering, Onwrio L 1 V 6K7 We hereby authorize you to draw on �name of bank), �address of benkj, for account of (namc of company or companics obtaintng securityj up to an eggregote amount of �amount of security in figures end in fuIIJ availablc by drafls at sight for 100%of demand ns follows: Pursuant to the request of our customers(s), the said �namc of company ar companics obtatntng securiry��, wc �name of bankj, �address of bank�, hereby establish and give to you nn irzevocable Letter of Credit in your tavour in the to�nl nmount of �amount of security in numben and in words� which mny be drawn on by you at any time und from time to time upon written demand for paymem made upon us by you which demand we shall honour without inquiring whether you heve o right ns between yourself and our said customer(s or any of thcm) to make such demand, and without recognizing uny claim of our said customer(s or any of them). Provided, howcvcr, that you arc to dcliver to �name of bank�, �eddress af bank�, ut such time as a written demand for paymcnt is madc upon us a certificate signcd by you egrccing or confirming that monies drawn pursuant to this Leticr of Crcdit nre paynhle to you or nre to be or have bcen cxpended pursuant to obligations incurred or to be incuned bp you wi�h refercnce to your file regarding u Devclopmenl Agreement dnted �dete of Agreement). betwccn �name of signetorles to Agreement, other than Tonn end Encum6rancer(s)� and The Corporation of ihc Town of Pickering; this Letur of Crcdit is givcn us the Pcrformancc and Mnimcnunce Securitp required by section � I of that Agreemonl. Ponial drawings ore permiltcd. The amount of this Letter of Credit shnll bc reduced from �ime to time ns odvised by notice in writing given to us Gom time to timc by you. This Leucr of CrcJil will conlinue up to and including �dale ot eYp(ry of Letter of Credit� and will expire on that da�e and you may cnll for payment of the full amount outstnnding undcr Ihis Letter of Credit et any time up lo thc closc of 6u�iness on thnt dale. It is e condition of this Lcner of Credit thnt it shall be deemed to be automatically extended far one ycnr from ihe present or any future expiration datc hereof, unless thirty days prior to eny such date, we shall notify you in writing by registered mail thnt we elcct not to consider this Lctter of Credit rencwed for any such additional period. , We heraby covenant with drawers, endorsers, and bona fide holders of dra(is drawn under and in accordance with the terms of this cradit that such drafls will be duly honaured if drawn and negotiated on or before �date of expiry of Letter of Credit�. The drafts drawn under this credit ere to be endorsed hereon end shall state on their face that they arc drewn under (neme of bankJ, �eddreu of bank]. DATED this day of , �9 Instructions for completing Lener of Credit: I. Letter of Credit musl be typed on bank lenerhead. 2. Information required in square brackets must be provided where indicated, wfthout brackets. 3, Phrazes shown ir round brackets must be included w(thuut brackets wherc therc arc two or morc companics comprising the customer. 4. The date in tht s�xth paregraph must be et leatt one year from Ihe date of the Lener of Crcdit. 5. The date (n the seventh paregraph must be the seme es the dete tn ihe six�h paragraph. 6. Bank signatories must shaw name, printed or typed, and title, In addfllon lo slgnaturc. 174 �CHEDULE C DEVELOPMENT CHARCES, ENGINEERINC/LEGAL FEES, OTHER RELATED DEVELOPMENT COSTS I, DEVELOPMENTCNARGESPAVARI.F (I) Until and inciuding October 7, 1998, the dcvelopment charges payable under the Town's Development Charges Bylaw 3854191 for each single or semi•detached dwelling unit within this project is 55,530. (2) From and ufler October 8, 1998, the amount of ihe dcvclopment cherge payeble for the dwelling units within this project will bc as set in accordance with ihc Town's Developmenl Charges By-law in existence et the date of such payment. 2. ENGINEERING DRAWING iNSPECTION FEE PAYAOI.G Prior to thc registration of this Agreement, the Oancr shall pay to thc Town, the sum of 570.00, which reprcsents the amount of the Enginccring Dra�ving Inspection fee payable for this project. 3. DEVF.LOPMENT AGREEMF.NT PROCESSING Ff:F. PAYADLE The amounl of the Development Agreemenl Proccssing Fee payable for this Agreemrnt is S3,2I0 [53,Q00 plus 5210 GST]. 4. EXPECTED NUMBF.R OF DN'f1.LINGS (1) This Agreemem hos been emcrcJ into with Ihc cxpcetntion thai tµ•o dwellings arc to be constructed an the Lands, one nn Part 3 and onc on Pan 4, Plan 40R• 17761. (2) If more or less thun two dwellings nrc to be cons�ructed in this project, the Town al its sole discrction may requirc the Owncr to obtuin new epprovals and ewhoriznlions undcr this Agrcement and may prohibit any dcvclopmcnt until thc ncw approvals und nuthorizalions arc obinincd. , I' . .. �-r .. . . .. , ... . , . .. . - � . : . • .