HomeMy WebLinkAboutBy-law 4624/95 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO, 4624/95
Being a by-law to authorize the execution of a
Development Agreement and related documentation
respecting the development of Block 38, Plan 40M-1341,
Picketing [2895501 Canada Inc.].
WHEREAS a proposal by 2895501 Canada Inc. to develop Block 38, Plan 40M-1341, Pickering, for one
single dwelling is acceptable to the Council of The Corporation of the Town of Pickering on condition
that 2895501 Canada Inc. enter into a satisfactory Development Agreement with the Corporation,
pursuant to the provisions of the Planning Act, R.S.O. 1990, chapter P. 13 section 51 (6); and
WHEREAS, pursuant to the provision of the Municipal Act, R.S.O. 1990, chapter M.45, section 191 (1)
the Council of The Corporation of the Town of Pickering may pass by-laws for acquiring any land or
interest therein for the purposes of the corporation;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
1. (a) The Mayor and Clerk are hereby authorized to execute a Development Agreement in the
form attached hereto as Schedule A, between 2895501 Canada Inc. and The Corporation
of the Town of Pickering, respecting the development of Block 38, Plan 40M-1341,
Pickering.
(b) The Corporation of the Town of Pickering shall acquire those lands or interests in the
lands referred to in section 26 and identified in Schedule A of that Development
Agreement subject to the terms and conditions and for the purposes set out therein.
2. The Mayor and Clerk are hereby authorized to execute Transfers/Deeds of Easement in the form
attached hereto as Schedule B, effecting the acquisition by The Corporation of the Town of
Pickering of any interests in the nature of storm drainage works easements pursuant to the
provisions of the Development Agreement referred to in section 1, above.
BY-LAW read a first, second and third time and finally passed this 19th day of June, 1995.
Wayne Arthurs, May~
~,'Clerk ~
TOWN OF
PICKER~NG
APPROVED
AS TO FORM
t. EG?,L DEPT.
THIS DEVELOPMENT AGREEMENT made June 19, 1995, pursuant to the provisions of section 51 of the
Planning Act, R.S.O. 1990, chapter P. 13,
BETWEEN:
2895501 CANADA INC..
herein called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to develop Block 38, Plan 40M-1341, Pickering, in the Regional Municipality
of Durham, and is required as a condition of the approval thereof by the Town to enter into an agreement with
the Town pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P. 13;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the Town approving of
the development of the Lands herein, and the covenants hereinafter expressed, the Parties hereto covenant and
agree one with the other as follows:
The land affected by this Agreement (the "Lands") is Block 38, Plan 40M-1341, Pickering.
2. $TATU$ OF THIS AGREEMENT
This Agreement is entered into and executed by the Owner for the pta'pose of having the Town act in
reliance on the covenants by the Owner contained herein and the Owner hereby waives any right or
claim which it now has or may hereinafter acquire which is inconsistent with the terms of this
Agreement.
(1) Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as "he",
"she", "they", "him", "her" or "them", and the number of the verb agreeing therewith shall be
construed accordingly.
(2) Schedules A and B attached hereto shall form part of this Agreement.
(3) Time shall he of the essence of this Agreement.
4. 13!NDING PARTIES
This Agreement shall be enforceable jointly and severally by and against the Parties hereto, their heirs,
executors, administrators, successors and assigns, and the Agreement and all the covenants by the Owner
contained herein shall run with the Lands for the benefit of the Town and the land or interests in land
owned by the Town upon the registration of this Agreement.
5. NOTICE
(1) Any notice required to be given hereunder may be given by personal delivery or registered mail,
(a) in the case of the Owner, to: Robert Deutschrnann, Secretary/Treasurer
2895501 Canada Inc.
559 Milverton Boulevard
Toronto, Ontario M4C 1X6
and
(b) in the case of the Town, to: The Town Clerk
The Corporation of the Town of Picketing
Pickering Civic Complex
One The Esplanade
Picketing, Ontario L1V 6K7
(2) Each Party may redesignate the person(s) or the address, or both, to whom or to which such
notice may be given by giving written notice to the other.
(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, as the case may be.
6. E ENTE
The Owner shall retain a licence from any subsequent purchaser of the Lands, or any pan thereof, to
enable the Owner and the Town's inspectors to enter upon the Lands in order to comply with the
provisions of this Agreement.
7. OWNER'S GENERAL UNDERTAKING
The Owner shall complete in a good workmanlike manner for the Town, all the municipal services as
hereinafter set forth to the satisfaction of the Town, and shall complete, perform or make payment for
such other matters as may be provided for herein.
8. OWNER'S EXPENSE
Every provision 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
requires otherwise.
9. CONSTRUCTION / INSTALLATION OF WORKS AND SERVICES
(1) The Owner shall obtain all required approvals and shall construct or install to Town standards
and shall provide to the Town, complete in every detail, the following works and services (the
"Works") as shown on plans submitted by the Owner's Consulting Engineer to the Town and
approved by the Town's Director of Public Works in accordance with the Town's specifications
for such Works:
(a) a storm water drainage and management system serving the Lands, and other lands
outside the Lands but which drain through the Lands, complete with detention or
retention facilities, quality control devices and outlets; and
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(b) a driveway entrance onto Bayfield Street, and not onto Chartwell Court;
(c) a paved driveway approach between the curb and sidewalk; and
(d) street tree planting on Bayfield Street.
(2) All Works shall be constructed and installed in accordance with the Town's specifications in a
good and workmanlike manner and under the observation of the Town's inspectors.
(3) The Owner shall pay to the Town the Town's costs of inspection, including but not necessarily
limited to, salaries and wages of inspectors, testing fees and administration fees, within 30 days
of invoices being rendered.
I0. GENERAL REGULATIONS RESPECTING SERVICING
(1) Where the construction or installation of services involves a continuation or extension of existing
services, the Owner shall join into the existing services, including adjustment of grades where
necessary, in a good and workmanlike manner.
(2) The Owner shall not dump nor permit to be dumped any fill or debris on, nor remove or permit
to be removed any fill from, any public lands, other than in the actual construction of works in
the project without the written consent of the authority responsible for such lands.
(3) The Owner shall not bum nor permit to be burned any refuse or debris within the project or
adjacent to it.
(4) The Town's Director of Public Works may have qualitative or quantitative tests made of any
materials which have been or are proposed to be used in the construction or installation of any
services required by this Agreement, and the cost of such tests shall be paid by the Owner within
30 days of invoices being rendered.
(5) The Owner shall pay, within 30 days of invoices being rendered, the costs of,
(a) relocating any existing services or utilities required to be relocated by the construction or
installation of Works, services, or utilities in the project, and
(b) moving any Works, services or utilities installed in driveways or so close thereto, in the
opinion of the Town's Director of Public Works, as to interfere with the use of the
driveway.
(6) Unless otherwise provided herein, the Owner shall perforu~ any work required to be done under
this Agreement to the specifications of the Town in effect at the date hereof.
(7) The Owner shall provide and erect temporary signs of such nature and at such locations as
designated by the Town's Director of Public Works.
11. f~LECTRICAL SERVICES
Electrical service, cable television service and telephone shall be provided underground and in
accordance with the standards and specifications of Pickering Hydro-Electric Commission, Trillium
Cable T.V. Limited or Bell Canada, as the case may be.
12. GRADING CONTROL PLAN / LOT DRAINAGE AND SODDING
(1) The Owner shall submit to the Town, for the approval of the Town's Director of Public Works, a
Grading Control Plan, establishing the proposed grading of the Lands to provide for the proper
drainage thereof and the drainage of all adjacent lands which drain through the Lands.
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(2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage
Specifications and shall not provide for the drainage of surface run-off water onto Town-owned
land unless provision is made for the installation by the Owner, at no cost to the Town, of
suitable swales and catch basins to manage adequately, in the opinion of the Town, that surface
run-off water.
(3) The Owner shall grade the Lands in accordance with the approved Grading Control Plan,
ensuring that sufficient topsoil remains as cover on all areas of the project intended for sodding,
seeding, or other planting.
(4) If the Town determines that,
(a) grading has not been done in accordance with the Grading Control Plan,
(b) grading has been done in accordance with the Grading Control Plan but drainage
problems remain, or
(c) sufficient topsoil has not been left in the appropriate areas,
the Owner shall re-grade the Lands, or part thereof affected, adding a sufficient amount of topsoil
if necessary, or construct catch basins, swales or other structures as may be necessary to correct
such problems, as directed by the Town's Director of Public Works.
13. AUTHORIZATION TO COMMENCE WORK
The Owner shall not commence the construction or installation of any of the Works without the written
Authorization to Commence Work of the Town's Director of Public Works, which Authorization shall
not be issued until all approvals required by this Agreement have been obtained and,
(a) four red-tined copies of this Agreement executed by the Owner and all Encumbrancers have been
provided to the Town to the satisfaction of the Town Solicitor;
(b) all monies, securities and insurance policies, as noted in this Agreement, have been delivered to
the Town to the satisfaction of the Town Treasurer and the Town Solicitor; and
(c) three executed copies, in a form suitable for registration, of any Transfers/Deeds required by
section 26 respecting the conveyances identified in Schedule A have been provided to the Town
in registrable form to the satisfaction of the Town Solicitor.
14. ROAD MAINTENANCE AND REPAIR
(1) Throughout the term of this Agreement, the Owner shall,
(a) maintain all Town roads outside the project, including sidewalks and boulevards, in a
mud and dust free condition and free of obstructions, where the source or cause of the
mud, dust or obstruction is an operation or operations related in any way to the
development of the project; and
(b) repair all Town roads outside the project, including sidewalks and boulevards, where
damage has occurred as a result of an operation or operations related in any way to the
development of the project.
(2) The Owner, within 24 hours of verbal notification by the Town to it or its representatives, shall
undertake such works as are necessary to clean, clear or repair any Town road requiring such
work in the opinion of the Town's Director of Public Works or his designate.
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15. COMPLETION DATES - WORKS AND SERVICES
The Owner shall complete all Works within one year from date of Authorization to Commence Work,
following the satisfactory completion and testing of all of which, and the approval thereof by the Town,
the Town shall issue to the Owner a Completion Acceptance Certificate.
16. FAILURE TO COMPLETE / IMPROPER PERFORMANCE
(I) If, in the opinion of the Town's Director of Public Works, the Owner is not constructing or
installing the Works, or causing them to be constructed or installed, within the specified time or
so that they may be completed within the specified time, or is improperly performing the Works,
or has neglected or abandoned them before completion, or has unreasonably delayed them so that
the terms and conditions of this Agreement are being violated or executed carelessly or in bad
faith, or has neglected or refused to renew or again perform Works rejected by the Director of
PuNic Works as defective or unsuitable, or has in any other manner, in the opinion of the
Director of Public Works, defaulted in the performance of the terms and conditions of this
Agreement, then the Director may notify the Owner and his surety in writing of the default or
neglect and if the notification be without effect for seven days, then the Director shall have full
authority to make any payment or do any thing, including but not limited to obtaining materials,
tools and machinery and employing persons required for the proper completion of the Works or
rectification of the default, at the cost and expense of the Owner or his surety, or both.
(2) In cases of emergency, in the opinion of the Director of Public Works, such Director may act
without prior notice but the Owner and its surety shall be notified forthwith.
(3) The cost of rectifying the default shall be calculated by the Director of Public Works, whose
decision shall be final, and may be charged to the Owner, together with a 25 per cent engineering
and administration fee, by drawing upon the letter of credit flied with the Town under section 18.
17. GUARANTEE OF WORKS. WORKMANSHIP AND MATERIALS
(1) The Owner shall guarantee all Works, workmanship and materials employed or used in the
construction, installation or completion of Works, services and other requirements under this
Agreement for a minimum period of two years (the "maintenance period") following the issuance
of the Completion Acceptance Certificate by the Town.
(2) Despite any other provisions of this Agreement, the responsibilities of the Owner during the
maintenance period shall include the maintenance of the Works, including the rectification of any
unsatisfactorily installed Works.
(3) Prior to the end of the maintenance period, the Owner shall submit to the Town "as built"
construction drawings for the Works complete as per Town standards.
(4) Prior to the end of the maintenance period, the Owner shall rectify any deficiencies identified by
the Town, following which the Town will issue to the Owner a Final Acceptance Certificate.
18. PERFORMANCE AND MAINTENANCE SECURITY
(1) Before this Agreement will be executed by the Town, the Owner shall file with the Town an
irrevocable letter of credit, issued by a chartered bank in Canada in the form set out in Schedule
13 and in the amotmt of $5,000 (the "original value"), as a performance and maintenance security
for the purpose of,
(a) guaranteeing the satisfactory construction, installation or performance of the Works;
(b) guaranteeing the payment of any amounts payable to the Town under this Agreement;
(c) guaranteeing the payment of any amount that the Town may be required to pay under the
provisions of the Construction Lien Act, or any successor thereto, and
(d) guaranteeing all Works, workmanship and materials during the maintenance period and
any rectification period or periods and until a Final Acceptance Certificate has been
issued by the Town's Director of Public Works.
(2) Upon the issuance of the Final Acceptance Certificate by the Town's Director of Public Works,
the security shall be returned to the Owner subject to any deductions for rectification of
deficiencies not completed by the Owner to the satisfaction of the Town.
19. OWNER'S GENERAL INDEMNITY
Until the Town's Director of Public Works has issued the Final Acceptance Certificate for the Works,
the Owner shall indemnify the Town against all actions, causes of actions, suits, claims and demands
whatsoever, which may arise either directly or indirectly by reason of the Owner undertaking the project
or servicing the Lands as required under this Agreement.
20. LIABILITY INSURANCE POLICY / PROVISION FOR DEDUCTIBLE
(1) Before this Agreement will be executed by the Town, the Owner shall file with the Town a
Certificate of Insurance verifying that a Liability Insurance Policy is in effect, setting out the
essential terms and conditions of the insurance, and naming the Town as additional named
insured, all of which shall be subject to the approval of the Town Solicitor.
(2) The policy shall comply with the following provisions:
(a) the minimum limit per occurrence shall be $5,000,000 all inclusive for property damage
and personal liability;
(b) it shall not contain a clause for exclusion for blasting; and
(c) it may not be cancelled unless prior notice by registered letter has been given to the Town
by the insurer thirty days in advance of the expiry date.
(3) The policy premium must be paid initially for a period of one year 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 certified cheque or letter of credit with the Town in the
deductible amount, as a deposit, together with a letter from the Owner authorizing the Town to
appoint an independent adjuster and to investigate claims less than the deductible amount and
authorizing the Town to pay such claims deemed valid by the adjuster out of the deposit; the
Owner shall be responsible for all adjustment service costs and shall maintain the deposit
throughout the term of this agreement in the amount of the deductible.
(5) The provision of the insurance policy required by this section shall not relieve the Owner from
liability for claims not covered by the policy or which exceed its limits, if any, for which the
Owner may be held responsible.
2l. OCCUPANCY OF BUILDINGS
(1) No building or part of a building on the Lands shall be occupied except upon the issuance of a
municipal occupancy permit.
6
(2) No application for a municipal occupancy permit for a building or part of a building shall be
made until storm sewer, sanitary sewer and water facilities are installed and in operation to
adequately serve such building or part thereof and electric service is completed and in operation.
22. EXPIRY OF SECURITIES
(1) Should the letter of credit security required to be provided hereunder expire before the Town
releases the Owner from the terms and conditions hereof, the Owner shall provide to the Town at
least 30 days in advance of the expiry date of that security, a further security to take effect upon
the expiry.
(2) Such further security shall be in a form and amount satisfactory to the Town.
(3) Should no such further security be provided as required, then the Town shall have the right to
convert the expiring security into cash and hold the cash in lieu of and for the same purposes as
the expiring security.
22. PAYMENT OF LIENS AND OTHER CLAIMS
The Owner shall discharge or vacate any liens or claims filed with the Town or registered on title to any
Town-owned lands within thirty days of being requested to do so by the Town.
23. PAYMENT OF INTEREST ON OVERDUE AMOUNTS PAYABLE
The Owner shall pay interest at the rate of 18 per cent per year to the Town on all sums of money
payable hereunder which are not paid on the due dates calculated from such due dates.
24. PAYMENT O1~ REALTY AND BUSINESS TAXES
The Owner shall pay in full as they come due all realty and business taxes assessed against the Lands or
against the Owner as required by law from time to time.
25. PAYMENT OF ENGINEERING. LEGAL AND REGISTRATION FEES
(1) Before this Agreement will be executed by the Town, the Owner shall pay by certified cheque to
the Town an Engineering Drawing Inspection Fee in the amount of $35 for the examination and
inspection done by the Town's Public Works Department in the processing of the engineering
drawings for this project.
(2) Before this Agreement will be executed by the Town, the Owner shall pay by certified cheque to
the Town a Development Agreement Processing Fee in the amount of $500 plus $35 GST for the
preparation and processing of this Agreement by the Town's Legal Services Department.
(3) The Owner shall pay all registration costs incurred by the Town relating in any way to the
registration of this Agreement, or any other documentation relating to this project, including
transfers, in the Land Registry Office within 30 days of invoices being rendered.
26. TRANSFERS OF LANDS OR INTERESTS IN LANDS
(1) Upon executing this Agreement, the Owner shall convey or cause to be conveyed to the Town,
free and clear of all encumbrances and at no cost to the Town, all of the lands or interests in lands
identified in Schedule A for the purposes set out therein.
(2) The Owner hereby warrants that, upon such conveyance, neither the title to the lands conveyed
nor their physical state and condition shall prevent the Town from lawfully or physically using
the lands for the purposes for which they are being conveyed as set out in Schedule A.
(3) Any Transfer/Deed given pursuant to this Agreement shall be in a form acceptable to the Town
Solicitor and any Transfer/Deed of a storm drainage works easement shall contain the Storm
Drainage Works Easement Schedule set out in Schedule A.
(4) The Town may complete or alter any description of land in this Agreement or in any
Transfer/Deed given pursuant to this Agreement so as to make the description correspond with
the proper description of the land.
27. REGISTRATION OF AGREEMENT
(1) This Agreement shall be registered by the Town in the Land Registry Office for the Land Titles
Division of Durham (No. 40).
(2) The Owner shall give to every purchaser of the Lands or any part of the Lands actual notice of
the existence and the terms of this Agreement and shall include an acknowledgement in any offer
to purchase or other similar document dealing with the Lands, or any part of them.
(3) The Owner shall indenmify and save harmless the Town from any loss, inconvenience or damage
which may result to the Town from the Owner's failure to comply with subsection (2) and against
any action or claim made against the Town by any person other than the Owner arising out of the
execution by the Town of this Agreement.
(4) The Owner shall execute such further assurances of the rights hereby granted as may be deemed
necessary by the Town.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested by
the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
2895501 CANADA INC.
Robert Deutschmarm, Secretary/Treasurer
I have authority to bind the Corporation.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
D9506
TRANSFERS OF LANDS OR INTERESTS IN LANDS OR CREDITS IN LIEU THEREOF
(Section 26)
1. CONVEYANCES REOUIRED TO BE MADE TO THE TOWN
l~ Purpose Interest to be Conveyed
Any portion of the Lands Storm drainage works Easement
determined by the Town's
Director of Public Works
Any other lands outside the Storm drainage works Easement
Lands determined by the Town's
Director of Public Works
2. STORM DRAINAGE WORKS EASEMENT REFERENCE PLANS
(1) The Owner shall obtain and deliver to the Town one draft copy of each proposed reference plan
required to effect the conveyance of any easement or easements required under section 1 of this
Schedule within 30 days of the Town's request to do so, and the provisions of subsections (2) and
(3) will apply.
(2) Upon the completion of the construction and installation of the storm drainage works within each
easement shown on any proposed reference plan, the Owner's Consulting Engineer shall advise
the Town's Director of Public Works of the actual location of the works in relation to the
proposed easement or easements, and if the Director is satisfied with the actual location of the
works, the Owner shall register that reference plan and provide four copies of the plan as
registered to the Town Solicitor.
(3) If the Town's Director of Public Works is not satisfied with the actual location of the works in
relation to the proposed easement or easements, the Owner shall obtain and deliver to the Town
one draft copy of a revised proposed reference plan, and the provisions of subsection (2) and of
this subsection will continue to apply.
3. STORM DRAINAGE WORKS EASEMENT SCHEDULE
Where a conveyance of an easement is for storm drainage works purposes, the following Schedule shall
be attached to the Transfer/Deed of Easement:
(7) INTEREST/ESTATE TRANSFERRED
Subject to the following terms and conditions, the free, uninterrupted and unobstructed right and
easement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct and remove storm
drainage works together with appurtenances thereto (herein called the "works"), in, over, along, across,
upon and under the land described in Box 5 (herein called the "lands"), and to drain storm water in, over,
along, across, upon and under the lands, together with the right to the Transferee, its servants, agents and
contractors with all necessary vehicles, supplies and equipment to enter onto the lands and pass and
repass over the lands for the purpose of exercising or enjoying any of the rights granted herein.
The terms and conditions which the parties hereto covenant and agree to observe and be bound by are as
follows:
9
1. The Transferee shall, except in case of emergency, before commencing any work authorized
hereby, give to the Transferor forty-eight hours previous written notice thereof, and in cases of
emergency such previous notice thereof as is reasonably possible.
2. Upon completion of any work, the Transferee shall fill in all excavations, restore fences, and
restore the surface of the ground by restoring all topsoil and grass cover disturbed thereby, and
do necessary grading to ensure soil and slope stability, and remove all equipment.
3. The Transferor shall not erect any building or structure (except a fence) on the lands, and shall
not place or remove any fill on or from any part of the lands without the previous written consent
of the Transferee.
4. The right and easement granted herein shall be subject to all leases, licences, and any rights of
use or occupation existing at the date hereof, and the Transferor may from time to time renew or
extend these or make new ones, so long as they do not interfere unreasonably with the right and
easement herein granted.
5. The Transferor hereby releases the Transferee from any claim which may arise out of the
exercise by the Transferee of the right and easement granted hereby or which may arise out of the
existence of the storm water or the existence, operation or non-operation of the storm drainage
works provided the Transferee has complied with all of the terms and conditions herein.
6. The Transferor shall execute such further assurances of the right and easement granted hereby as
the Transferee may reasonably request in writing.
7. The burden of this Transfer and of all the terms and conditions contained herein shall nm with
the lands.
8. This Transfer and all of the terms and conditions contained herein shall enure to the benefit of
and be binding upon the Transferor and the Transferee and their respective heirs, executors,
administrators, successors and assigns.
LAND BENEFITTED (DOMINANT TENEMENT)
9. The benefit of this Transfer and all of the terms and conditions contained herein shall run with all
other lands and interests in lands owned, occupied or used by the Transferee for the purpose of
operating and maintaining storm drainage works.
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REQUIRED FORM FOR PERFORMANCE AND MAINTENANCE SECURITY LETTER OF
CREDIT
(Section 20)
To: The Corporation of the Town of Pickering
Pickering Civic Centre
One The Esplanade
Pickering, Ontario
LIV 6K7
We hereby authorize you to draw on [name of bank], [address of bank[, for account of [name of company or
companies obtaining security] up to an aggregate amount of [amount of security in figures and in full[
available by drafts at sight for 100% of demand as follows:
Pursuant to the request of our customers(s), the said [name of company or companies obtaining security], we
[name of bank], [address of bank], hereby establish and give to you an irrevocable Letter of Credit in your
favour in the total amount of [amount of security in numbers and in words] which may be drawn on by you
at any time and from time to time upon written demand for payment made upon us by you which demand we
shall honour without enquiring whether you have a right as between yourself and our said customer(s or any of
them) to make such demand, and without recognizing any claim of our said customer(s or any of them).
Provided, however, that you are to deliver to [name of bank], laddress of bank], at such time as a written
demand for payment is made upon us a certificate signed by you agreeing or confirming that monies drawn
pursuant to this Letter of Credit are payable to you or are to be or have been expended pursuant to obligations
incurred or to be incurred by you with reference to your file regarding a Development Agreement dined ldate of
Agreement], between [name of signatories to Agreement, other than Town and Encumbrancer(s)] and The
Corporation of the Town of Picketing; this Letter of Credit is given as the Performance and Maintenance
Security required by section 21 of that Agreement.
Partial drawings are permitted.
The amount of this Letter of Credit shall be reduced from time to time as advised by notice in writing given to
us from time to time by you.
This Letter of Credit will continue up to and including [date of expiry of Letter of Credit] and will expire on
that date and you may call for payment of the full amount outstanding under this Letter of Credit at any time up
to the close of business on that date. It is a condition of this Letter of Credit that it shall be deemed to be
automatically extended for one year from the present or any future expiration date hereof, unless thirty days
prior to any such date, we shall notify you in writing by registered mail that we elect not to consider this Letter
of Credit renewed for any such additional period.
We hereby covenant with drawers, endorsers, and bona fide holders of drafts drawn under and in accordance
with the terms of this credit that such drafts will be duly honoured if drawn and negotiated on or before [date of
expiry of Letter of Credit].
The drafts drawn under this credit are to be endorsed hereon and shall state on their face that they are drawn
under [name of bank[, [address of bank].
DATED this day of ., 19
Instructions for completing Letter of Credit:
1. Letter of Credit must be typed on bank letterhead.
2. Information required in square brackets must be provided where indicated, without brackets.
3. Phrases shown in round brackets must be iocluded without brackets where there are two or more companies comprising the
customer.
4. The date in the sixth paragraph must be at least one year from the date of the Letter of Credit.
5. The date in the seventh paragraph must be the same as the date in the sixth paragraph.
6. Bank signatories must show name, printed or typed, and title, in addition to signature.
11
Transfer/Deed of Land
Form -- Land Registration Reform Act
(1) Regiatry [~] Land Titles [] T(2) Page 1 of pages
(3) Proper~y Block Property
Identifier(s) Additional:
see
(4) Conalderollon
Dollars $
(5) Description This is a: Property Properly
Division [] Consolidation []
New Property Identifiers
See
(6) This (a) Redescrtption ~ (b) Schedute for (7) Intefest/E$t~te Tranaterre~
Document New Easement Additional Fee Simple
Contains Plan/Sketch [] Description [] Parties [] Other []
Date of Sigr~ture
(9) Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature
Name(s) Signature{s) Y M
(10) Transferor(s) Address
for Service
11) Transferee{s) Date of Birth
THE CORPORATION OF THE :
Wayne Arthurs, Mayor
TOWN OF PICKERING
Bruce Taylor, Clerk
12) Transferees) Address
for Se~ice Pickering Civic Ccx~plex, One The Esplanade, Pickering, Ontario L1V 6K7
Date of Signature Date of Signature
Signature .... ' ' .
belief, this transfer does not contravene that section I am an Ontario solicitor in good standing. Date of Signature
Name and ~ Y,' M D
Solicitor Signature.
Solicitor for Transferee(s) } have investigated the title to this land and to abutting land where relevant and I am satisfied that the title recorrts
reveal no contravention as set out in subclause 50 (22) (c) (ii) of the Planning Act and that to the best of my knowledge and belief th~s transfer
does not contravene section 50 of the Planning Act I act independently of the solicitor for the transferor(s) and I am an Ontario sohc~tor in good standing
Address of ¥
Solicitor
Signature ........................... i ......... ',...
(15) Asesesmerlt Roll Number Cry i Mun ' Map [ Sub Par Iff Fees and Tax
i of Pro..¥ i i i I!i1Registration Fee
~>(16) Municipal Address of Property (17)' Docum~)nt Prepared by:
C.M. Timothy Sheffield Land Transfer Tax
Town Solicitor
Tc~n of Pickering -
One The EsplaD~e
, ~ ~ Pickering, Ontario L1V 6K7 Total
(7) INTEREST/ESTATE TRANSFERRED
Subject to the foUowing terms and conditions, the free, uninterrupted and unobstructed right
and easement to lay, construct, operate, maintain, inspect, alter, repak, replace, reconstruct and
.remove storm drainage works together with appurtenances thereto (herein. called the "works"),
m, over, along, across, upon and under the landdescrihed in Box 5 (hereto called the "lands"),
and to drain storm water in, over, along, across, upon and under the lands, together with the
right to the Transferee, its servants, agents and contractors with all necessary vehicles, Supplies
and equipment to enter onto thc lands and pass and repass over thc lands for thc purpose of
exercising or Ch joying any of the rights granted herein.
The terms and conditions which thc parties hereto covenant aqd agree to observe and he bound
by arc as follows:
1. The Transferee shall, except in case of emergency, before commencing any work
authorized hereby, give to the Transferor forty-eight hours previous wriucn notice
thereof, and in cases of cmersency such previous notice thereof as is reasonably possible.
2. Upon completion of any work, the Transferee shall fLU in all excavations, restore fences,
and restore the surface of the ground by restoring all topsoil and grass cover disturbed
thereby, and do necessary grading to ensure soil and slope stability, and remove all
equipment.
3. The Transferor shall not erect any building or structure (except a fence) on the lands, and
shall not place or remove any FLU on or from any pan of the lands without the previous
wrincn consent of the Transferee.
4. Thc right and easement granted herein shall be subject to all leases, licenccs, and any
rishts of use or occupation existing at the date hereof, and the Transferor may from tkne
to ILmC renew or cxlcnd these or make new ones, so long as they do not interfere
unreasonably with the risht and easement herein granted.
$. The Transferor hereby releases thc Transferee from any claim which may arise out of the
exercise by thc Transferee of thc right and casement granted hereby or which may arise
out of the existence of thc storm water or thc existence, operation or non-operation of the
storm drainage works provided thc Transferee has complied with ali of thc terms and
conditions herein.
6. Thc Transferor shall execute such further assurances of thc right and casement granted
hereby as the Transferee may reasonably request in writing.
7. The burden of this Transfer and of all thc terms and conditions contained herein shall run
with thc lands.
8. This Transfer and all of the terms and conditions contained herein shall cnure to the
benefit of and be binding upon thc Transferor and the Transferee and thch' respective
heirs, excculors, achnhfistrators, successors and assigns.
LAND BENEFITrED (DOMINANT TENEMENT)
9. The benefit of this Transfer and all of thc terms and conditions contained herein shall mn
with all other lands and interests in ]ands owned, occupied or usod by the Transferee for
the purpose of operating and maintaining storm drainage works.
OTHI3