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HomeMy WebLinkAboutBy-law 3759/91THE CORPORATION OF THE T~~ BY-LAW NO. 3759/91 Being a by-law to authorize the execution of a Development Agreement among the Town, Penny Fuels Inc. and 639190 Ontario Limited respecting the development of Lot 162 and those parts of Lot 161, Plan 816, Pickering, designated as Parts 1 and 2, Plan 40R-4158. WHEREAS as a condition of the approval of. the plans and drawings for the development of Lot 162 and those parts of Lot 161, Plan 816, Picketing, designated as Parts 1 and 2, Plan 40R-4158, The Corporation of the Town of Pickering requires that Penny Fuels Inc. and 639190 Ontario Limited enter into a site/development agreement pursuant to the provisions of the Planning Act 1983, S.O. 1983, chapter 1, and the MunicipalAct, R.S.O. 1980, chapter 302; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Development Agreement, in the form attached hereto as Schedule A, among the Town, Penny Fuels Inc. and 639190 Ontario Limited respecting the development of Lot 162 and those parts of Lot 161, Plan 816, Pickering, designated as Parts 1 and 2, Plan 40R-4158. 2. (2) The Corporation of the Town of Picketing shall acquire interests in the nature of easements over those lands described in section 22 of the Development Agreement attached hereto as Schedule A, subject to the terms and conditions set out therein, for storm drainage purposes. The Mayor and Clerk are hereby authorized to execute Transfers of Easement, in the form attached hereto as Schedule B, effecting the acquisition by The Corporation of the Town of Pickering of the interests referred to in subsection (1). The Corporation of the Town of Pickerlng shall acquire those lands described in section 23 of the Development Agreement attached hereto as Schedule A, subject to the terms and conditions and for the purposes set out therein. BY-LAW read a fh:st, second and third time and finally passed this 24th day of June, 1991. TOWN cF. PICKERING APPROVED LEGAL DEPT. Wayne Ax~urs~, M~aybr Brace Tay or,~Cleflr Schedule A THIS DEVELOPMENT AGREEMENT made June 24, 1991. BETWEEN: PENNY FUELS INC. and 639190 ONTARIO LIMITED hereinafter collectively called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKER.lNG hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to redevelop Lot 162 and those parts of Lot 161, Plan 816, Picketing, designated as Parts I and 2, Plan 40R-4158, and is required by the provisions of section 40 of the Planning Act 1983, S.O. 1983, chapter 1, to enter into a development agreement with the Town; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the Town approving the Owner's plans and drawings, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: The lands affected by this Agreement (the "Lands") axe Lot 162 and those parts of Lot 161, Plan 816, Picketing, designated as Parts I and 2, Plan 40R-4158. CANCELLATION OF AGREEMENT In the event this Agreement is not registered on or before December 31, 1991, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. Whenever/n this Agreement the word "Owner" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners" and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. TIME Time shall be of the essence of this Agreement. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. The Owner shall retain a ~licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. OWNER'S ~ENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike manner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Pickering, and shall complete, pedorm or make payment for such other matters as may be provided for herein. CONSULTING ENGINEERS (I) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the project. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. (3) This provision shall not be construed so as to prevent the Owner from changing from one Consulting Engineer to another at any time or times during the development and construction of the project, so long as the Owner has a Consulting Engineer retained at all times. 10. (1) The Owner shall construct a complete storm water drainage and management system, including storm connections and catch basin leads to service the Lands and to provide capacity for lands upstream thereof according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is fomlally accepted by the Town. (2) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of sufficient size and depth and at locations either within or outside the Lands to service the Lands and the lands outside the Lands, which in the opinion of the Director of Public Works will require its use as a trunk outlet. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the Lands, the Owner may be required to carry out such works as are necessary to provide an adequate outlet. (4) Where the construction of such a system requires the disturbance of Town-owned parkland, the Owner shall, despite the provisions of section 29, reconstruct and restore such parkland to its original condition, to the satisfaction of the Town's Director of Community Services and Facilities, within 10 days of the commencement of such disturbance. 11. CURBS. GUTTERS & ROAD DRAINAGJ/ (t) The Owner shall construct curbs and gutters and all necessaxy road drainage on the west side of Rosebank Road adjacent to the Lands, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a driveway, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 12. ROAD RECONSTRUCTION AND REPAIR (1) The Owner shall reconstruct and repair Rosebank Road where construction has taken place and where it is used by construction traffic entering the Lands and keep it clear of mud, dust, refuse, rubbish and other litter of all types. (2) The Owner shall erect and maintain adequate signs to warn all persons using Rosebank Road that construction is occurring; such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13, BOULEVARD RECONSTRUCTION (l) The Owner shall reconstruct and sod the boulevard on the west side of Rosebank Road adjacent to the Lands according to the specifications of the Town in effect at the date hereof and shall maintain it until it is accepted by the Town. (2) The Owner shall keep the boulevard clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities or the safe movement of vehicles and pedestrians. ~ 14. The Owner shall construct a sidewalk on the west side of Rosebank Road and the north side of Kingston Road adjacent to the Lands according to the specifications of the Town in effect at the date hereof and shall maintain it until it is accepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to b~ provided to the Lands, it shall be provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Comrnission, Pickering Cable T.V. Limited or Bell Canada, as the case may be. 16. (1) The Owner shall upgrade street lighting, including poles and other necessary appurtenances, on the west side of Rosebank Road and the noah side of Kingston Road, adjacent to the lands. (2) Electrical service for street lighting shall be provided underground and not aboveground. (3) Street lighting and its related electrical service shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. (4) The installation of street lighting and its related services shall be under the supervision and inspection of Pickering Hydro-Ele.ctric Commission. 17. ON-SITE DRAINAGE & SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the Lands, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the Lands. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement, and shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suitable swales and catch basins to manage adequately, in the opinion of the Town's Director of Community Services and Facilities, that surface nm-off water. 3 (3) (4) (5) (6) The Grading Control Plan is subject to the approval of the Town's Directors of Public Works and Community Services and Facilities. The grading of all lands shall be carried out by the Owner in accordance with the approved Grading Control Plan, under the supervision of the Owner's Consulting Engineer. If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. The Owner shall sod that part of the Lands that are not built upon, except for paved, planted or treed areas. 18. (1) Prior to the registration of this Agreement, the Owner shall pay to the Town the sum of $750 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those referred to in section 15 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. 19. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, naming the Town as an insured and indemnifying the Town from any loss arising from claims for damages, injux'y or otherwise in connection with the work done by or on behalf of the Owner on the Lands and elsewhere. (2) The amount of the Policy shall be $5,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewal within 30 days of the account therefor being rendered by the Town. (4) It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 20. PERFORMANCI~ & MAINT~NAN~_E GUARANTp~ (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a $100,000 (the "original value") performance and maintenance security in a form satisfactory to the Town for the purpose of, (a) guaranteeing the satisfactory construction, installation or performance of the 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, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. 4 (2) (3) (4) The Owner may, ax any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) thirty-five per cent (35%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by payment into court; and (c) seventeen per cent (17%) of the original value where, (i) a certificate of final completion has been made by the Owner's Consulting Engineer; (ii) 45 days following the making of such certificate have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged oF provided for by payment into court; which seventeen per cent (17%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 21. INCOMPI. ETED OR FAULTY WQKK (l) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the Rosebank Road services within the specified time, or in order that they may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon the services before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such case, the Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notification be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the ,pro.~aer completion of the work at the cost and expense of the Owner or his surety, or (2) In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. (3) (4) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. Such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and further, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not_have executed this Agreement. 22. TRANSFERS - STORM DRAINAGE EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works shall deem necessary for the provision of storm water drainage and management facilities both within the boundaries of the Lands and across lands adjacent thereto. (2) Each storm water drainage and management easement shall be subject to the approval of the Town's Director of Public Works as to its location and width. (3) The construction of services in any storm water drainage and management easement shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. 23. TRANSFERS - CONVEYANCES 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, upon the registration of this Agreement or within the 30 days immediately following thereof, all of that part of Lot 16l, Plan 816, Pickering, designated as Part 1, Plan 40R-13509 (Rosebank Road road widening). (2) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. 24. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) ~w~_Approaches To pave all driveway approaches between the curb and sidewalk. (b) ~ontinuation of Existing Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any f'fll from any public lands without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of subclause (i). (iii) That there shall be no burning of refuse or debris upon its Lands or any public lands. 6 (d) (e) Ou_ alitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. Relocation of Services (i) (ii) To pay the cost of relocating any existing services and utilities caused by the work within 30 days of the account for same being rendered by the Town. Similarly to pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (f) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (g) To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designated by the Director of Public Works. (h) ~ (i) To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designated by the Director of Public Works. Prior to final acceptance of the Rosebank Road services, to supply the Town with the original drawings of the engineering works with amendments, ff any, noted thereon. 25. ~ONSTRUCI'ION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building on the Lands until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service; (2) No building or part of a building on the Lands shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building on the Lands shall be made except upon the following conditions: (a) storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (b) electric service is completed and in operation; and (c) the development or redevelopment of the Lands conforms to this Agreement and the Plans set out in section 27, below. 26. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates, 7 (b) (c) To pay all registration costs incurred by the Town relating in any way to the registration of this Agreement or any other related doctunentation, including transfers, in the Land Titles Office. Upon applying for final acceptance of the works, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the works, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 27. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agreement expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such fu~her security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash-in-lieu of and for the same purposes as any further security. 28. SITE PLAN/DEVELOPMENT CONTROL (1) No development, including redevelopment, shall be undertaken on the Lands except in conformity with this Agreement and with the following plans and drawings (herein collectively called the "Plans"): Plan Last No, Plan Title Plan Date Revision (a) 4567 Site Plan Nov/90 Mar 25/91 (b) 4567 LS-1 Landscape Plan May 29/91 Mar 25/91 (c) 4567 LS-2 Landscape Construction Details May 29/91 unrevised (d) 4567-02 Detail Sheet July/88 unrevised (e) 4567-EL Site Lighting Photometric Layout Nov/90 unrevised (f) 4567-01A Site Servicing & Grading Oct 29/90 May 15/91 (g) 3810-A3 Elevations Dec 3,00 unrevised (h) 3810-A02 Canopy & Kiosk Plans Elevations Nov 23/90 Nov 27/90 prepared by F. J. Reinders and Associates Canada Limited. (2) The Owner shall maintain, in conformity with the Plans, to the Town's satisfaclion and at the sole risk and expense of the Owner, all of the facilities and works that are shown on the Plans and, (a) are located on the Lands, or (b) axe located off the Lands but provide access (pedestrian, vehicular or both) to the Lands, and shall ensure the timely removal of snow from access ramps, driveways, parking and loading areas, and walkways. (3) For the purpose of guaranteeing (for two years after installation) the maintenance by the Owner of the facilities and works required to be maintained under subsection (2), above, the Owner shall provide to the Town, prior to the issuance of a building permit for the first dwelling umt to be erected on the Lands, a security in the form of an irrevocable letter of credit issued by a chattered bank in Canada in a form satisfactory to the Town in the amount of $40,000, which security may be drawn upon by the Town in such amounts, and at such times, as the Town, in its sole discretion deems advisable, should the Owner fail to maintain the facilities or works for that two year period to the Town's satisfaction. (4) At the end of the two year guarantee period when the obligation to guarantee has expired, the security shall be returned to the Owner subject to any deductions for failure to maintain during the guarantee period. 29. TIME LIMITED FOR WORK AND GUARANTEE OF WORKMANSHIP AND MATERIALS O) The Owner shall complete all works, services and requirements under this Agreement within two years of the registration of this Agreeruent~ (2) The Owner shall guarantee all works, workmanship and materials employed or used in the construction, installation or completion of all works, services and requirements under this Agreement for a period of two years from the date that the works, services and requirements are approved in writing by the Town. IN WITNESS WHEREOF, the companies comprising the Owner and the Town have hereunto affixed their respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED PENNY FUELS INC. David McEachran, Vice-President 639190 ONTARIO LIMITED W.B. McEachran, President THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk 9 SCHEDULE B Transfer/Deed of Land New Praperx'y ~dentifiers Additional See Schedule Executions Addihonat See Schedule [] Land R~stmUo~ Reform Act, 19~4 (1) Registry [] Land TIIle~ [] 2) Page 1 of pages A (3) Property Biock Property Identifier, s) AG~,tK3na] Schedu~ (4) Consideration Dollars $ (S) Description Th~s ~s a: Property Property Division [] Consolidation [] (6} This (a) Redescr{ption' (b) Schedule tot {7) Inteme~Ea~te Tranaten~d Document New Easement Additional Fee Smp e EaE.q~e.~3t Contains Plan/Sketch [] , Descript,on [] Parties [] Other [] >. (8) Transferon[s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that Date of S~gnature >(9) Spouse(s) of Transferor(s) I hereby consent to th~s transaction Date of S~gnature Name{s) S*gnature{s) ¥ U D (101 Transferor(s) Address for Service (>~1) Transferee(s) Date of B~rth THE CORPORATION OF THE i (12) Transferee{s) Addrees fofSe~ce Picketing Civic Centre, One The Esplanade, Pickering, Ontario LiV 6K7 =~ I~- - - reveal no contravention as set out in subclause 49 (21a} (c) (ii) of the Planning Act, 1983 and that to the best of my knowledge and behef th~s ~l~c~ ~ transfer does not contravene section 49 of the Planning Act 1983 I act independently of the solicitor for the transferor(s) and I am an Ontario ~l~c~ solicitor in good standing ~1.~ ~ ~'J."' ~ ..... " Date of S,gnatur~. ]~ Signature .......................... : ...... : .... :. i (15) Aseeesmenl Roll Number of Property ~>(16) Municipal Addrees of Property C~ Mun Map Sub Par (17) Document Prepared by: C.M. Timothy Sheffield Town Solicitor Tc~n of Pickering One The Esplanade Pickering, Ontario Fees and Tax Land Transfer Tax ~Onta,,ooiPr°v'nce Schedule Form 5 -- Land Regl.lmtlon Reform Act, ' Additional property Identlfle~.) and/or Other Information INTEREST/ESTATE TRANSFERRED The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such storm drainage works, together with any appurtenances thereto as may be required from time to time in, under and across the lands herein described, together with a right of the Transferee, its successors and assigns and its and their servants, agents and workmen, with all necessary equipment, machinery and vehicles to enter upon the lands at all times and to pass and repass thereon for replacing (including replacement with storm drainage works of larger size and capacity) and maintaining the storm drainage works or any part thereof or appurtenances thereto to be constructed, reconstructed, examined, repaired, renewed, replaced or maintained situate on the lands. The Transferor covenants that it shall not erect any building or structure nor place or remove any fill on or from any part of the lands without the express written consent of the Transferee. 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 here- by, or which may arise out of the existence or operation of the storm drainage works, provided the Transferee fills in all excavations and as far as is practi- cable restores the surface to the condition existing prior to any entry thereon to exercise the right hereby granted. The Transferor covenants that it shall execute such further assurances of the right and easement granted hereby as may be required by the Transferee. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. This Transfer shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. LAND BENEFITED (DOMINANT TENEMENT) The benefit of this Transfer and all of the covenants contained herein shall run with all other lands and interests in land owned, occupied or used by the Transferee, its successors and assigns for the purpose of operating and main- taining storm drainage works.