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HomeMy WebLinkAboutBy-law 933/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 933/79 Being a by-law to authorize the execution of a Development Agreement between the Corporation of the Town of Pickering and Bramalea Limited with respect to Part of Lots 29 and 30, Range 3, Broken Front Concession. WHEREAS Bramalea Limited proposes to develop certain lands in Lots 29 and 30, Range 3, Broken Front Concession; and WHEREAS Bramalea Limited has agreed to enter into a Development Agreement with the Corporation of the Town of Pickering to control the orderly development of those lands; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Development Agreement in the form attached hereto as Schedule "A" between the Corporation of the Town of Pickering and Bramalea Limited respecting the develop- ment of those parts of Lots 29 and 30, Range 3, Broken Front Concession, designated as Parts 1- , Plan 40R- , and Parts 1- , Plan 40R- BY-LAW read a first, second and third time and finally passed this 8th day of January, 1979. P Mpor (Acti?g) Af lJ I J SCHEDULE "A" i THIS AGREEMENT made this day of , 1979. BETWEEN: BRAMALEA LIMITED hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - hereinafter called the "Encumbrancers" OF THE THIRD PART. WHEREAS the Owner proposes to develop certain lands in Lots 29 and 30, Range 3, Broken Front Concession, designated as (a) Parts 1- , inclusive, on Plan 40R- , and (b) Parts 1- , inclusive, on Plan 40R- ; and WHEREAS the Encumbrancers have certain rights or interests in the nature of encumbrances relating to the lands affected hereby; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the Town approving the proposed zoning for the said lands and the covenants hereinafter expressed, the parties hereto covenant and agree one with the other as follows: - 2 - PART I - PROPERTY DESCRIPTION 1. LANDS AFFECTED The lands affected by this Agreement (hereinafter called "the lands affected hereby") are: ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being in the Town of Pickering, in the Regional municipal- ity of Durham and Province of Ontario, and being composed of, FIRSTLY, those parts of Lot 29, Range 3, Broken Front Concession, designated as Parts 1- , inclu- sive, on a plan of survey of record filed in the Land Titles Office for the Registry Division of Durham as Plan No. 40R- ; and SECONDLY, those parts of Lot 30, Range 3, Broken Front Concession, designated as Parts 1- , inclu- sive, on a plan of survey of record filed in the Land Titles Office for the Registry Division of Durham as Plan No. 40R- - 3 - PART II - SERVICES 2. OWNER'S GENERAL UNDERTAKING The Owner agrees to complete at his own expense and in a good work- manlike manner, for the Town, all the municipal services as herein- after set forth to the satisfaction of the Director of Public Works for the Town of Pickering, and to complete, perform or make payment for such other matters as may be provided for herein. 3. CONSULTING ENGINEERS The Owner agrees to retain a Professional Engineer as the Consult- ing Engineer of the Owner to carry out all the necessary engineer- ing and generally supervise the work required to be done for the development of the lands affected hereby. Such Consulting Engin- eer, 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. 4. STORM SEWERS 5 The Owner agrees to construct a complete storm sewer system includ- ing storm connections to the street line and catch basin leads to service the lands affected hereby and adjacent road allowances and to provide capacity for other lands upstream of the lands affected hereby, 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 to maintain them, including clearing any block- ages or debris from whatever cause until they are formally accepted by the Town. Such sewers shall be constructed to an outlet or out- lets 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 boundary of the lands affected hereby to ser- vice the lands affected hereby and the aforementioned other lands outside the boundary of the lands affected hereby which, in the opinion of the Director of Public Works, will require their use as trunk outlets. Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the lands affected hereby, the Owner may be required to carry out such works as are necessary to provide adequate outlets. The Town may connect or authorize system but such connection shall sewer system by the Town. connection into any part of the not constitute acceptance of the ROADS - ROUGH GRADE Prior to the installation or construction of the relevant municipal services provided for herein, the Owner agrees to rough grade to the Town's specifications to the full width, the proposed road allowances referred to in section 15. The Owner further agrees to keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. 6. ROADS - PAVED The Owner agrees to construct all the roads referred on in section 15 according to the specifications for paved roads of the Town in effect at the date hereof including such houndary or approach roads as may be necessary to provide an adequate access. The spec- ifications for boulevard grading, sidewalks and sodding shall apply to existing roads adjacent to the lands affected hereby. The Owner covenants and agrees that until assumption by the Town, it will maintain and repair streets both within and outside the boundary of - 4 - PART II - SERVICES (COnt'd) 6. ROADS - PAVED (Cont'd) the lands affected hereby where construction has taken place or is used by traffic entering those lands and keep them clear of dust, refuse, rubbish, or other litter of all types. The Owner will erect and maintain adequate signs to warn all persons using such roads that they have not been assumed by the Town from the time that they are opened until formal assumption by the Town. 7. CHANGE OF ROAD GRADE When, in the written opinion of the Director of Public Works, it is necessary to change the grade of existing Town roads adjacent to or abutting the lands affected hereby, the Owner agrees to grade the roads to subgrade and provide sufficient granular base for a standard two-lane roadway in the manner and at the time stipulated by the Director of Public Works and in accordance with the specifications of the Town. 8. CURBS & GUTTERS The Owner agrees to construct curbs and gutters on all the roads referred to in section 15, according to the specifications of the Town in effect at the date hereof, and to maintain them until they are formally accepted by the Town. 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 said spec- ifications. 9. ELECTRIC DISTRIBUTION & STREET LIGHTING Electric distribution services shall be provided for all lots and blocks within the lands affected hereby according to the standards and specifications of the appropriate authority. The Owner shall make such financial arrangements as may be required to ensure the construction of those services. The Owner agrees to pay all costs of installation of such services, including poles and other necessary appurtenances. Lighting shall be de- signed 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. The installation of all works provided for in this clause shall be constructed under the supervision and inspection of the aforesaid authority. 10. INSPECTION OF WORK All works required to be constructed by the owner shall be in- stalled under the observation of Inspectors employed by the Town and the Owner agrees to pay the costs incurred (Salaries and Expenses) therefor within ten days of their being rendered. 11. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Town Manager with a Certificate of Liability Insurance in a form satisfactory to the Town indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner on the lands affected hereby. The amount of the said policy shall be $1,000,000. In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liabil- - 5 - PART II - SERVICES (COnt'd) 11. LIABILITY INSURANCE (Cont'd) ity Insurance Policy, may pay the renewal premium or premiums and the Owner agrees to pay the cost of such renewal or renewals within ten (10) days of the account therefor being rendered by the Town. 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 has been paid in order that the guarantee provided by the Liability Insurance Policy shall not lapse. 12. PERFORMANCE & MAINTENANCE GUARANTEE Before commencing any of the work provided for herein, the Owner shall supply the Town with a Performance and Maintenance Security in form satisfactory to the Town and in the amount of $410,000 to guarantee the satisfactory completion of the work and to guaran- tee the workmanship and materials for a period of two (2) years from the date that the said works are approved in writing, by the Director of Public Works. Such Performance and Maintenance Secur- ity shall be in the form of an irrevocable bank letter of credit. The Owner may, from time to time, apply for a reduction in the letter of credit and such application shall be made to the Town Manager and such reduction may be granted by him upon written verification of the Director of Public Works that the services for which reduction is being sought have been satisfactorily com- pleted, provided such reduction shall not reduce the amount of the security to any amount less than ten per cent (10%) of the original value, which ten per cent portion shall apply as the security for maintenance until the obligation to maintain has expired, when the balance of the security shall be returned to the owner subject to any deductions for maintenance purposes. 13. DRAINAGE - SODDING The Owner agrees to provide the Town, prior to the commencement of the development of the lands affected hereby, with a Grading Control Plan prepared by the Owner's Consulting Engineer, estab- lishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the said lands. The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Spec- ifications in effect at the date of this Agreement. The grading of the lands shall be carried out in accordance with such Grading Control Plan under the supervision of the Owner's Consulting Engin- eer. If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the development by the Town, the Owner agrees to 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 agrees to sod the front, side and rear yards of each of the lots or blocks except for paved or planted areas, upon the completion of the construction of buildings thereon. 14. INCOMPLETED OR FAULTY WORK If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly per- forming the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the condi- tions of this Agreement are being violated or carelessly executed, or in had faith, or shall the Owner neglect or refuse to renew or - 6 - PART II - SERVICES (COnt'd) 14 15. INCOMPLETED OR FAULTY WORK (Cont'd) 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 Agree- ment, then in any such case the said 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 ten (10) clear days after such notice, then in that case the Director of Public Works shall thereupon have full authority and power immediately to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. 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. The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. It is understood and agreed that 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 con- siderations, without which the Town would not have executed this Agreement. TRANSFERS - CONVEYANCES The Owner shall convey free and clear of all encumbrances, at no cost to the Grantee, upon the registration of this Agreement or within the thirty (30) days immediately following the registra- tion of this Agreement, the lands indicated in Column I of the following Table to the respective authority named in Column II of the Table: Column I Column II Plan 40R- - Part 14 The Corporation of the Town of Pickering - Part 15 The Corporation of the Town of Pickering - Part 16 The Corporation of the Town of Pickering - Part 18 The Corporation of the Town of Pickering - Part 19 The Corporation of the Town of Pickering - Part 20 The Corporation of the Town of Pickering - Part 21 The Corporation of the Town of Pickering - Part 22 The Corporation of the Town of Pickering - Part 24 The Corporation of the Town of Pickering - Part 25 The Corporation of the Town of Pickering - 7 - PART II - SERVICES (Cont'd) 15. TRANSFERS - CONVEYANCES (Cont'd) rnlrmmn T Cnlumn TT Plan 40R- - Part 12 The Corporation of the Town of Pickering - Part 13 The Corporation of the Town of Pickering - Part 14 The Corporation of the Town of Pickering - Part 15 The Corporation of the Town of Pickering 16 TRANSFERS - EASEMENTS - SPECIFIC The owner shall grant easements to the Town, for various purposes, at no cost to the Town, upon the registration of this Agreement, or within thirty (30) days immediately following the registration of this Agreement, upon the lands indicated in Column I of the following Table to the respective authority named in Column II of the Table: Column I Column II Plan 40R- - Part 23 The Corporation of the Town of Pickering Plan 40R- - Part 5 The Corporation of the Town of Pickering - Part 6 The Corporation of the Town of Pickering - Part 7 The Corporation of the Town of Pickering - Part 8 The Corporation of the Town of Pickering - Part 9 The Corporation of the Town of Pickering - Part 20 The Corporation of the Town of Pickering 17. TRANSFERS-- EASEMENTS - GENERAL Notwithstanding the specific provisions of section 16, the Owner shall arrange at no cost to the Town for granting to the Town such additional easements as the Director of Public Works or his des- ignate shall deem necessary for the provision of storm sewer services both within the boundaries of the development and across lands adjacent to the development but outside its boundaries. Such easements shall be subject to the approval of the Director of Pub- lic Works or his designate as to their location and width. The construction of any services in such easement or easements shall not commence until the easement has been acquired, unless permis- sion 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. - 8 - PART II - SERVICES (Cont'd) 18. STREET NAMING The Town shall name all public roads to be provided on the lands affected hereby. 19. SERVICE CAPACITY This Agreement shall be subject to the owner entering into satis- factory arrangements with the Town and the Regional Municipality of Durham with respect to the allocation of sewage treatment plant capacity and water capacity for the development. 20. RAILWAY BRIDGE The Owner shall cause to be constructed, at no cost to the Town, a bridge, approved by the relevant authorities, across the Canadian National Railway right-of-way between Parts 18 and 20 on Plan 40R- 21. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave the driveway approaches between the curb and the limit of the road allowance. (b) Ontario Hydro Rights-of-Way In the event that a right-of-way of Ontario Hydro passes through or is immediately adjacent to the lands affected hereby, to fence such right-of-way on both sides, or the adjacent side thereof, as the case may be, prior to developing the adjacent lands. The fence is to be of construction and design as may be approved by the Town. (c) Continuation 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 nec- essary, in a good workmanlike manner. (d) Public Lands - Fill & Debris To neither dump nor permit to be dumped, any fill or debris on, nor to remove or permit to be removed any fill from any public lands, other than the actual construction of roads in the lands affected hereby without the written consent of the Authority respon- sible for such lands. The Owner shall, on request, supply the Town with an acknowledgement from such Authority of the Owner's compliance with the terms of this clause. The owner further agrees that there shall be no burning of refuse or debris upon his lands or any public lands. (e) Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction - 9 - PART II - SERVICES (Cont'd) 21. GENERAL PROVISIONS (COnt'd) (e) Qualitative or Quantitative Tests (Cont'd) of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within ten (10) days of the account being rendered by the Town. (f) Relocation of Services To pay the cost of relocating any existing services and utilities caused by the subdivision work within ten (10) days of the account for same being rendered by the Town. The Owner further agrees to similarly 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. (g) Pedestrian Walkways Where the Town requires a pedestrian walkway, to con- struct it according to plans and specifications approved by the Director of Public Works. (h) Specifications Unless otherwise provided, to perform any work re- quired to be done under this Agreement to the specifi- cations of the Town in effect at the date hereof. (i) Temporary Signs To provide and erect at its own cost, temporary street signs and warning signs at locations designa- ted by the Director of Public Works; such signs shall be according to the specifications of the Town. (j) Permanent Si To provide and erect at its own cost, permanent signs at locations designated by the Director of Public Works to the specifications of the Town. (k) Engineering Drawings Prior to the final acceptance of the public services to supply the Town with the original drawings of the Engineering Works for the services, with amendments, if any, noted thereon. (1) Snow Plowing & Sanding of Roads If, in the opinion of the Director of Public Works, the condition of the road surface is not acceptable to him for winter control, to snow plow and sand such roads from such occupied buildings to existing Town roads, including alternate means of access where available. Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. - 10 - PART II - SERVICES (Cont'd) 21. GENERAL PROVISIONS (Cont'd) (m) Survey Monuments & Markers Prior to the acceptance of the public services by the Town, to supply a statement by an Ontario Land Sur- veyor that, after the completion of the work, he has found all standard iron bars as shown on the regis- tered plans, and survey monuments at all block cor- ners, the ends of all curves, other than corner sound- ings and all points of change in direction of roads. - 11 - PART III - CONSTRUCTION & OCCUPANCY OF BUILDINGS 22. CONSTRUCTION & OCCUPANCY OF BUILDINGS (a) The Owner agrees that no building permit shall be issued for any building or part of a building on the lands affec- ted hereby until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (b) The owner further agrees that no building or part of a building on the lands affected hereby shall be occupied except on the following conditions: (i) Sewer and water facilities are installed and in operation to adequately serve such build- ing or part thereof; (ii) A municipal occupancy permit has been issued; (iii) Electric service is completed and in opera- tion; and (iv) Curbs have been constructed and an asphalt base laid on the road immediately in front of the building or part thereof and both ex- tended to an existing maintained public road. (c) The Owner agrees with the Town that should any building or part thereof be occupied in contravention of any or all of the provisions contained in subsection (b), above, then in that event the Owner shall pay to the Town the sum of $1,500.00 for each building or part thereof so occupied as liquidated damages for such contravention. The issuance by the Town of municipal occupancy permits for each and every building on any lot or block on the lands affected hereby shall be deemed to be a release from the provisions of this subsection with respect to that lot or block. (d) The owner further covenants and agrees to maintain vehic- ular access to all occupied buildings on the lands affec- ted hereby, until the roads are formally assumed by the Town, and further agrees to obtain similar covenants from any subsequent Owner of any of the lands affected hereby. 23. SITE PLANNING (a) The Owner agrees that prior to the issuance of building permits for any building to be erected on the lands affected hereby, it shall submit architectural and siting plans for that building and its site to the Town for approval. The Owner agrees to engage the services of only one architectural or engineering firm at one time to co-ordinate the design for any building unit and that that firm is to be the co-ordinator throughout the design approval process. (b) The siting plans may be required, at the Town's option, to provide the following information: (i) street scape for front and rear elevation at a scale acceptable to the Director of Planning; (ii) street scape to show all street furniture and vegetation; (iii) the relationship of buildings by blocks; and - 12 - PART III - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) 23. SITE PLANNING (Cont'd) (iv) any other data or information re- quired by the Town. 24. LANDSCAPE PLANNING The Owner agrees that prior to the issuance of building permits for any building to be erected on the lands affected hereby, it shall submit a landscaping plan for that building and its site to the Town for approval. The Owner further agrees that upon approval by the Town of a landscaping plan, the landscaping works shown on the plan shall be constructed, installed or plan- ted, as the case may be, in conformance with the landscaping plan according to the time limits set out in Schedule "A". 25. FENCING Upon completion of final lot grading and sodding of the lands affected hereby, the Owner shall erect a permanent fence along the boundary of the lands affected hereby. Such fence shall be four feet high and constructed of nine gauge, galvanized steel link fencing with maximum two inch mesh, unless substitution is authorized in writing by the Director of Public Works, or is required by any other author- ity having jurisdiction. - 13 - PART IV - FINANCIAL MATTERS 26. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands affected hereby, as required by law from time to time. (b) Local Improvements Prior to the registration of this Agreement, to prepay any outstanding local improvement charges which are levied against any of the lands affected hereby. (c) Interest To pay interest at the rate of fourteen per cent (14%) 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. (d) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of this Agreement or any other related documentation, inclu- ding transfers. (e) Lien or Other Claims Upon applying for final acceptance of the public services, to supply the Town with a Statutory Declar- ation that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connec- tion 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 agrees to indem- nify the Town against any claims, actions, or demands for mechanics' liens or otherwise and all costs in connection therewith. 27. EXPIRY OF SECURITIES The Owner further agrees that 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 thirty (30) days in advance of the expiry date of that security, a further security to take effect upon the expiry. Such further security shall be to the satisfaction of the Town. Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 28. MAINTENANCE OF SECURITIES If the Town draws against any security provided by the Owner pur- suant to the provisions hereof, thereby reducing the amount of the security, then in that event, the Town may, at its option, require the Owner to increase the amount of the security to any amount equal to or less than the original amount, and the Owner shall so increase the amount within 10 days of its receipt of the Town's notice requiring same. - 14 - PART V - PARKS & TREES 29. TREE PLANTING (a) The Owner shall plant on the lands, trees of a size, num- ber and type acceptable to the Town. A schedule of the owner's tree planting scheme shall be approved by the Director of Parks and Recreation prior to the planting of any trees. A list of acceptable tree species and sizes will be provided. (b) The trees approved by the Town shall be planted by the Owner no more than 3 months after final grading is done in the specific area. 30. TREE PRESERVATION (a) The Owner further agrees that it shall permit the Town to enter the lands affected hereby prior to the commence- ment of any construction thereon for the prupose of iden- tifying the trees existing thereon, which in the opinion of the Town, shall be preserved by the Owner. (b) During construction, all trees to be preserved on the property shall be fully protected against damage. Pro- tection shall be applied in the following manner prior to commencement of any construction: (i) The area within the drip line of all exist- ing trees (groups or individual) shall be protected with temporary fencing which shall have posts equivalent to 4" x 4" set 3 feet into the ground and extending 5 feet above the ground subject to the law in this regard, set at intervals not to exceed 8 feet. Two cross members of 2" x 6" shall be secured to these cross members to completely enclose this area; (ii) The area within the protective fencing shall remain undisturbed and shall not be used for the storage of building material of equipment; (iii) Tree protection shall remain in place until the planting phase of the project is started, and then it shall be removed forthwith. (c) If the nature of the development requires a change of ground elevation (lowering or raising of grades), cutting of roots, or other action which may, in the opinion of the Town, be detrimental to the tree or trees to be preserved, the Owner shall advise the Town prior to changing such elevation, cut- ting roots, or taking other action, and obtain the consent of the Town thereto. In granting its consent, the Town may impose further controls or conditions to its satisfaction. (d) Prior to the commencement of any construction, the Owner shall submit to the Town for its approval, a proposed watering and fertilizing program to assist the trees to be preserved to adapt to the new conditions resulting from the development of these lands. The Owner further agrees that upon approval by the Town of such a program, the program shall be implemented and continue as approved. (e) Trees to be preserved that die or are damaged beyond repair during construction, shall be replaced by the owner at its own expense with trees of a size and species approved by the Town. - 15 - PART VI - GENERAL PROVISIONS 31. LICENCE TO ENTER The owner agrees with the Town to retain a licence from any sub- sequent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. 32. NOTICE 33. Any notice required to be given hereunder may be given by regis- tered mail addressed to the other party at its principal place of business and shall be effective as of the date of the deposit thereof in the Post Office. The Encumbrancers agree with the Town that this Agreement shall have priority over and take precedence over any rights or inter- ests they may have in the lands affected hereby, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. 34. INTERPRETATION (a) Whenever in this Agreement the word "Owner" and the pro- noun "it" is used, it shall be read and construed as "Owner or owners" and "his", "her" or "their" respec- tively, and the number of the verb agreeing therewith shall be construed accordingly. (b) The provisions in Schedule "A" attached hereto shall form part of this Agreement. (c) Time shall be of the essence of this Agreement. (d) This Agreement and everything herein contained shall enure to the benefit of and be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF the said Parties have hereunto affixed their Cor- porate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED and DELIVERED BRAMALEA LIMITED Per: Per: THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk SCHEDULE "A" 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Save as herein otherwise provided, the Owner agrees to complete the works required under this Agreement within the time limits specified in the Table set out below and to guarantee the workmanship and mat- erials for a period of two (2) years from the date that the said works are approved in writing by the Director of Public Works. Any work other than that specifically provided for in the Table shall be completed within the time limit provided for therein for above- ground services. TABLE Works Time Limit for Completion (a) Underground One year from the date of the regis- Services tration of this Agreement. (b) Aboveground Two years from the date of the regis- Services tration of this Agreement. d 3 H h7 d r ro H H NY JEoE C x o 7 n o J Y YM O w w ro N YO O x z ?3 (D K H W tl Y. M O ?j Y, a W O a O 3 z H 9 ou 1 H x O 0 00 ro H H x ° w O O H x t7i H O I a I w r r H H H ttl d