HomeMy WebLinkAboutBy-law 5095/97REPEALED B'Y .
'REPEALS .
AMENDED BY . , ~
AMENDS
DISPOSITION
THE CORP0~TION OF THE TOWN OF PICKERING
BY-t, AW NO. 5095/97
Being a by-law to authorize the execut;on of a
Development Agreement and related documentation
respecting the development of Part of Lot 7, Plan 282,
Pickering (Parts' 1-14, Plan 40R-XXXX) and Block 176,
Plan 40M-1630. Pickering, [Nugget Construction Co.
Limited].
WHEREAS the Durham Land Division Committee made Decisions LD 112/97 and LD 1t3/97,
approving the severance of those parts of Lot 7, Plan 282, Picketing, designated as Parts l-14, Plan 40R-
XXXX and Block 176, Plan 40M-1630, Pickering, subject to conditions. One of those conditions
requires the owner to enter into a satisfactory Development Agreement with the Corporation for the
development of the nearly created lots and the construction of a comer rounding, pursuant to the
provisions of the Planning Act, R.S.O. 1990, chapter P. 13 section 5 t (6);
NOW THEREFORE. thc Council of'Fhe Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. (a) The Mayor and Clerk are hereby authorized to execute a Development Agreement
substantially in accordance with the tbrm attached hereto as Schedule A, between Nugget
Construction Co. Limited and The Corporation of the Town of Picketing, respecting the
development of those parts of Lot 7, Plan 282, Pickering, designated as Parts 1-14, Plan
40R-XXXX and Block 176, Plan 40M-1630, Picketing [Nugget Construction Co.
limited].
(b) The Corporation of the ]['own of Pickering shall acqaire those lands or interests in the
lands 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 an3 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 15th day of September, t 997,
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
THIS DEVELOPMENT AGREEMENT made September 15, 1997, pursuant to the provisions of' section 51 of the
Pl~ning~4ct, R.S.O. 1990, chapter P. 13,
BETWEEN:
NUGGET CONSTRUCTION CO. LTD.
herein called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF P1CKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to sever Part Lot 7, Plan 282 and Block 176, Plan 40M-1630, Pickering to provide
for the development of three dwellings and is required as a condition of the approval thereof by the Council of the
Town to enter into an agreement with the Town pursuant to section 51 el' the Planning Act, R.S.O. 1990, chapter
P. 13;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the Council of the Town
issuing its clearance of the conditions imposed by the Durham Land Division Committee in its decisions LD 112/97
and LD 113/97, covenants hereinal~er expressed, tile Parties hereto covenant and agree one with the other as
follows:
!. LAND AFFECTED
The land affected by thi~ Agreement (the "Lands") are those parts of Lot 7, Plan 282, Picketing, designated
as Parts I-I 4, inclusive, Plan 40R-XXXXX and Block 176, Plan 40M-1630, Pickering.
2. STATUS OF THIS AGREEMENT
This Agreement is entered into and executed by the Owner for the purpose of having the Town act in
relia ~,ze 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.
3. INTERPRETATION
(l) 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, B and C attached hereto shall form part of this Agreement.
(3) Time shall be of the essence of this Agreement.
4. BINDING 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.
(l) ,Any notice required to be given hereunder may be given by personal delivery or registered mail,
(a) in the case of the Owner, to either
Nugget Construction Co. Ltd.
P.O. Box ! 240
Stouffville, Ontario
L4A 8A2
and
(b) in the case of thc '['own, to
The Town Clerk
The Corporation of the Town of Picketing
Picketing Civic Complex
One The Esplanade
Pickering, Ontario
L ! V 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 thc day of mailing, as thc case may be.
6. LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part 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. CONSULTING ENGINEERS
(1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out
all the necessary engineering and to supervise the work required to be done for the development and
construction of the project.
(2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work
required to be done for the development and construction of the project is completed and tbrmally
accepted by the Town.
(3) The Owner may :change from one ConsUlting Engineer to another at any time or times during tl~'
development and construction of the project, so long ss the Owner has a' Consulting Engineer
retained at all times.
10. CONSTRUCTION / INSTALLATION OF TOWN WORKS AND SERVICES
(I) 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 Town 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) Town roads within the plan, complete with all signs and other appurtenances;
(b) Town roads adjacent to the plan and not separated from the plan by a reserve or reserves,
complete with all appurtenances;
(c) removal and replacement of any temporary turning circle located immediately adjacent to the
plan on a Town road to be extended into the plan;
(d) street storm sewer~ on roads referred to in (a) and (b), complete with curbs, gutters,
catchbasins and manholes;
(e) s~ ~,~. ~"ater drainage and management system serving the lands in the plan and lands outside
the plan but draining through the plan, complete with detention or retention facilities quality
control devices and outlets:
(f) boulevards and sidewalks on Town roads within the plan, on q own roads adjacent to the plan
but not separated from the plan by a reserve or reserves, and on Town roads to be extended
into the plan where the Owner is required to remove and replace a temporary turning circle;
(g) street lighting on Town roads within the plan, on Town roads adjacent to the plan but not
separated from the plan by a reserve or reserves, and on Town roads to be extended into the
plan where the Owner is required to remove and replace a temporary turning circle;
(h) street tree planting on Town roads within the plan, on Town roads adjacent to the plan not
separated from the plan by a reserve or reserves, and on Town roads to be extended into the
plan where the Owner is required to remove and replace a temporary turning circle;
(i) walkways on walkway blocks and park entrances, complete with walkway fencing and
lighting; and
(j) other fencing, including,
(i) fencing adjacent to commercial sites, school sites, parks, open space, storm water
management facilities and roads adjacent to the plan and separated from the plan by
a reserve or reserves, and
(ii) noise attenuation fencing.
(k) connections to street storm sewers on the roads adjacent to the Lands complete with all
appurtenances;
(i) a road on the portion of the lands being designated as Parts 1,4 and 11, Plan 40R-XXXXX
(m) a paved driveway approach between the curb and sidewalk;
(n) a lemporary turning circle construction to permanent standards and to the satisfaction oflh~
Town's Director of Public Works to be located within Part X, Plan 40R-XXXX.
(2) If at any time prior to the acceptance of the Works, the Town's Director of Public Works is of the
opinion that additional works are necessa[y to provide adequately any of the public services required
by the project, the Owner shall construct, install or perform such additional works at the request of
the Director.
(3) All Works shall be constructed and installed in accordance with the Town's specifications and in a
good and workmanlike manner under the supervision of the Owner's Consulting Engineer and under
the observation of the Town's inspectors.
(4) The Owner shall conduct video inspections of all underground services required to be constructed or
installed hereby and shall provide a VHS-format videotape record of those inspections to the Town.
(5) 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 fi~es, within 30 days of
invoices being rendered.
! I. GENERAL REGULATIONS RESPECTING SERVICING
(I) The construction of Town boulevards shall include the construction of paved driveway approaches
between the curb and sidewalk or, where no sidewalk is to be provided, between the curb and the lot
line.
(2) Where the construction or installatien 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.
(3) 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.
(4) The Owner shall not bum nor permit to be burned any refuse or debris within the project or adjacent
to it.
(5) The Town's Director of Public Works may have qualitative or quantitative tests made of any
materials which have been or am 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.
(6) 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.
(7) Unless otherwise provided herein, the Owner shall perform any work required to be done under this
Agreement to the specifications of the Town in effect at the date hereof.
(8) 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.
12. ELECTRICAL SER~'ICES
Where electricity, cable television service or telephone service is to be provided to any lot or block in the
project, it 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.
! 3. TREE INVENTORY / TREE PRESERVATION
(1) The Owner shall submit a Tree Inventory and a Tree Preservation Program prepared by a qualified
exp~rt, and based upon the Town-approved Grading Control Plan, indicating which existing trees in
the project may be preserved to the Town's Director of Public Works for the review and approval of
the Town's Director of Planning and Director of Parks and Facilities, and shall implement the
Program as approved only.
(2) Until the Tree Preservation Program is approved thc Owner shall not commence, nor allow to be
commenced, any aspect of the development of the lands in the project, including the removal of any
tree.
(3) In the event that any tree required to be preserved by the approved Tree Preservation Program is
removed or is, in the opinion of the Town's Director of Parks and Facilities, damaged to such an
extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall
replace that tree with a tree of a height, diamet:r and species determined by the Director; such
replacement shall be at no cost to the Town.
(4) The Owner's liability under subsection (3) shall continue until,
(a) where the lands upon which the tree is located comprise a residential building lot, twelve
months after the completion of the sodding on the lot, or
(b) where the lands upon which the tree is located comprise lands other than a residential
building lot, the issuance by the Town of the Final Acceptance Certificate.
14. GRADING CONTROL PLAN / LOT DRAINAGE AND SODDING
(!) The Owner shall submit to the Town, for the approval of the Town's Director of Public Works, a
Grading Control Plan and geotechnical soils analysis prepared by the Owner's Consulting Engineer,
establishing the proposed grading of the lands in the project to provide for the proper drainage
thereof and the drainage of all adjacent lands which drain through the lands in the project.
(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-o.f 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's Director of Parks and Facilities,
that surface run-off water.
(3) The Owner shall grade all the lands in the project 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
{~) sufficient topsoil has not been left in the appropriate areas,
the Owner shall re-grade the project, 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 co:rect such
problems, as directed by the Town's Director of Public Works.
! 5. 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 oftbe 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-lined copies of this Agreement executed by the Owner and alt 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;
(c) all approvals and permits have been obtained by the Owner from the Ministry of the Environment,
the Ministry of Natural Resources and the Metropolitan Toronto and Region Conservation Authority,
or a certificate has been provided by the Owner's Consulting Engineer that no such approvals or
permits are required; and
(d) conveyance of good title~ free and clear of all encumbrances, to the Town, of all necessary
Easements and Transfers of interests in lands lying oulside of the Lands as identified in Schedule A;
and
(e) the Owner's Solicitor has provided, at the Owner's expense, a certificate of clear title, to the
satisfaction of the Town Solicitor, of all the lands and interests of lands conveyed to the Town, l?qng
outside of thc lands, as set out in Schedule A hereto.
16. USE OF WORKS PENDING COMPLETION / EMERGENCY REPAIRS
(1) Any of the Works may be used by the Town, or by such other person or agency as may be authorized
by the Town's Director of Public Works, for the purposes for which the Works are designed, and
such use shall not be deemed an acceptance of any of the Works by the Town, nor an assumption by
the Town of any liability in connection therewith, nor a release of the Owner from any of its
obligations under this Agreement.
(2) The Town may make emergency repairs at any time to any of the Works and may for this purpose
enter the Lands at any time; such repair or entry shall not be deemed an acceptance of any of the
Works by the Town, nor an assumption by the Town of any liability in connection therewith, nor a
release of the Owner from any of its obligations under this Agreement.
17. INTERNAL/EXTERNAL ROAD MAINTENANCE AND REPAIR/SNOW PLOWING
(1) Throughout the term of this Agreement, the Owner shall,
(a) maintain all Town roads outside the project, including 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 boulevards, where damage has occurred
as a result of an operation or operations related in any way to the development of the prqiect.
(c) maintain all ~1 own roads within the project in a mud and dust free condition and free of
obstructions, regardless of the source or cause of any mud, dust or obstruction;
(d) plow snow from and salt all Town roads within the project that are not subject to the Town's
winter contro! program,
(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, repair, plow or salt any Town road requiring
such work in the opinion of the Town's Director of Public Works or his designate.
6
18, COMPLETION DAT~ - TQwN WO~,~ AND $~VICIES
(1) The Owner shall complete the Works in accordance with the following time limits:
(a) Town roads within the plan - two years from date of Authorization to Commence Work;
(b) Town roads adjacent to the plan - two years from date of Authorization to Commence Work;
(c) removal and replacement of any temporary turning circle - two years frcm date of
Authorization to Commence Work;
(d) street storm sewers - one year from date of Authorization to Commence Work;
(e) storm water drainage and management system (including grading and top-soiling of non-
residential lots and blocks) ~ one year from date of Authorization to Commence Work;
(f)(i) boulevards and sidewalks on Town roads within the plan, on Town roads adjacent to the plan
but not separated from the plan by a reserve or reserves - six months after occupancy of first
dwelling to be occupied adjacent to segment as identified by the Town's Director of Public
Works. but no later than two years from date of Authorization to Commence Work;
(f)(ii) boulevards and sidewalks on Town roads to be extended into the plan where the Owner is
required to remove and replace a temporary turning circle - two years from date of
Authorization to Commence Work;
(g) street lighting - one ),ear from date of Authorization to Commence Work;
(h) street tree planting - two years from date of Authorization to Commence Work;
(i) walkways, walkway fencing and walkway lighting - prior to the occupancy of any dwelling
adjacent thereto;
O)(i) other fencing adjacent to,
A. parks, open space and storm water management facilities - prior to the occupancy of
any dwelling adjacent thereto;
B. commercial sites and school sites - one year from date of Authorization to
Commence Work; and
C. roads adjacent to the plan and separated from the plan by a reserve or reserves - six
months after occupancy of first dwelling to be occupied adjacent to segment as
identified by the Town's Director of Public Works, but no later than two years from
date of Authorization to Commence Works and
(j)(ii) noise atxenuation fencing - prior to the occupancy of any dwelling adjacent thereto;
following the satisfactory completion and testing of all of which, and the approval thereof by the
Town, the Town shall issue the Owner a Completion Acceptance Certificate.
(2) Despite the provisions of subsections (l)(f)(i) and (I)O)(i)C, where the occupancy of the first
dwelling unit occurs in November or December of any year, the time limit for construction of the
adjacent boulevard, sidewalk or l%ncing segment shall be extended to June 30 in the following year.
19. FAILURE TO COMPLETE / IMPROPER PERFORMANCE
(i) If, in the opinion of the Town's Director of Public Works, the Owner is not constructing o~ installing
the Works, or causing them to be constructed or installed, within the specified time ol' 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
ne$1ected or refused to renew or again perform Works rejected by thc Director of Public 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 thc default or neglect and if the notification hc 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
requirco for tl,c proper completion of the Works or rectification of the default, at the cost and
~xp~nse oi the.~,w,,,;,r' ..... o, ,as~" surety, or both.
(2) In cases cf 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 filed with the Town under section 21.
20. 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 tbr a minimum period of two years (the "maintenance period") following [he 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 tile rectification of any
unsatisfactorily installed Works.
(3) Prior to the end of tile maintenance period, the Owner's Consulting Engineer shall submit to the
Town,
(a) "as built" construction drawings for the Works complete as per Town standards, together
with that Consulting Engineer's certificate that those drawings accurately depict the Works
as constructed; and
(b) a statement by an Ontario Land Surveyor that all standard iron bars as shown on the
registered plan, and survey monuments at all block corners, at the ends of all curves (other
than corner roundings) and at all points of change in direction of streets in the plan have been
found or re-established.
(4) Prior to the end of the maintenance period, the Town will re-inspect the Works and if,
(a) the Works are acceptable; and
(b) the Owner has performed all of its obligations under the terms of this Agreement to the
satisfaction of the Town,
the Town will issue to the Owner a Final Acceptance Certificate at which time the Town will assume
ownership of the Works and the operation and maintenance thereof, and the maintenance period will
then end.
(5)If upon the re-inspection conducted prior to the end of the maintenance period,
(a) the Works are not acceptable, or
(b) the Owner has not performed all of its obligations under the terms of this Agreement to the
satisfaction of thc Town,
the Town will advise the Owner of the deficiencies, the expected rectifications, and the time limited
for implementing the rectifications (the "rectification period") and the maintenance period shall be
: ~: : ~xtended to the end of thc rectification period.
(6)At the end of the rectification period, the Town will re-inspect thc Works and if,
(a) the Works are acceptable; and
(b) the Owner has performed all of its obligations under the terms of this Agreement to the
satisfaction of the Town,
the Town will issue to the Owner a Final Acceptance Certificate at which time the Town will assume
ownership of the Works and the ~peration and "~ ............... '
ma,l~¢,an~ [ncrcu~, and the maintenance period will
then end.
(7) if upon the re-inspection conducted at the end of the rectification period,
(a) the Works are still not acceptable, or
(b) the Owner has not performed all o£ its obligations under the terms of this Agreement to the
satisfaction of the Town,
the Town's Director of Public Works shall determine, in his sole discretion, whether a further
rectification period will be granted, and, if so, upon what terms and conditious, or whether the Town
shall proceed under the provisions of section I g. or both.
21, PERFORMANCE AND MAINTENANCE SECURFI'Y
(I) 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 lbrm set out in Schedule B
and in an amount established by the Director oF Public Works (the "original value"), as a
performance and maintenance security £or the purpose ol;
(a) guaranteeing thc satisfactory construction, installation or perfommnce of the Works:
(b) guaranteeing the payment o£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 ,4ct, 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) The Owner may, at any time after the first 50 per cent, 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.
(3) Upon written verification from the Direc:or 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) 60 per cent of the original value where no certificate or declaration of substantial
performance has been made;
(b) 35 per cent of the original value where,
(i) a certificate or declaration of substantial perfommnce 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) 17 per cent of[he original valu~ where,
(i) a certificate of final completion has been made by the Owner's Consulting £nginccr;
(ii) 4f days tbllowing the making of'such certificate have expired;
(iii) ail liens that may be claimed against any holdback required to be retained by the
Town ha'ce expired or hav~ I~en satisfied, discharged or provided for by pa,' merit
into court; and
(iv) a Completion Acceptance Certificate has been issued by the Town's Director of
Public Works,
which 17 per cent portion ghall secure the guarantee of Works,, workmanship and materials,
until a Final Acceptance Certificate has been issued by th~ Town's Director of Public Works,
when thc balance of thc security shall be returned to the Owner subject to any dcductic,~s for
rectification of deficiencies.
(4) Upon thc approval, il* any, ora reduction ir~ thc amount of thc security required to be provided in
subsection (I), thc I'own Manager or thc '[*own Treasurer shall provide to thc Owner any necessary
assurance to cf't~ct thc reduction.
22. O_,WNER'S GENERAL INDEMNITY
Until the Town's Director el' Public Works has issued the Final Acceptance Certificate for thc Works, the
Owner shall indemnify the Town agains! alt actions, causes o1' aclions, suits, claims and demands
whatsoever, which may arise either directly or indirectly by reason el~ the Owner undertaking the project or
servicinle o.., [.ands as required under this Agreement.
23. OCCUPATIONAl, HEALTtt AND SAFETY
(I) The Owner certifies that it is aware of its duties and obligations under the Occupational Health and
Safety Act, or any successor thereto, and all Regulations thereunder (herein called the "Act"), and
shall ensure that its employees, contractors, subcontractors and their employees,
(a) are aware of their respective duties and obligations under the Act, and
(b) have sufficient knowledge and training to perform all works and services required pursuant
to this Agreement safely and in compliance with the Act.
(2) In the performance of all works and services required pursuant to this Agreement, the Owner shall,
(a) act safely and comply in all respects with the Act, and
(b) ensure that its employees, contractors, subcontractors and their employees act safely and
comply in all respects with the Act.
(3) The Owner shall rectify any unsafe act or practice and any non-compliance with the Act
immediately upon being notified by any person of the existence of such act, practice or non-
compliance.
(4) The Owner shall permit representatives of the Town on the site where any works or services required
pursumtt to this Agreement are being performed at any time or times for the purpose of inspection to
determine compliance with this section.
(5) No act or omission by the Town or any representative of the Town (including the entering into of
this Agreement) shall be deemed to be an assumption of any of the duties or obligations of the
Owner, its employees, contractors, subcontractors and their employees under the Act.
(6) In addition to the Owner's general indemnification of' the Town pursuant to .~ction 22, above, the
Owner shall indemnify and save harmless the Town,
(a) from any loss, inconvenience, damage or cost to the Town which may result from the Owner
or an}' of ils employees, contractors, subcontractors and their employees tailing to act safi~ly
or to comply in all respccLs with the Act in the performance of any work or service required
pursuant to this Agreement; and
(b) against any action or claim, or costs related thereto, brought against the Town by any' person
arising out of any unsafe act or practice or any non-compliance with the Act by the Owner or
any of' its employees, contractors, subcontractors and their employees in the performance o£
any work or service required pursuant to this Agreement.
24. 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 verif~,ing 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 o£tbe Town Solicitor.
(2) The policy shall comply with the tbllowing provisions:
(a) the minimum limit per occurrence shall be $5,000,000 all inclusive fbr property damage and
personal liability;
(b) ii shall not contain a clause tbr exclusion lbr 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 mu~,t be paid initially tbr 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) Ii'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 ibc deductible.
(5) The provision of the insurance policy required by this section shall not reEeve 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.
25. CONSTRUCTION AND OCCUPANCY OF BUILDINGS
(I) No building permit shall be issued for any building or part ora building on the Lands until:
(a) all buildings and structures on the Lands prior to draft plan approval have been demolished
by the Owner;
(b) sewer and water facilities are available, and in the opinion of the Town's Director of Public
Works, capable of providing adequate service;
(c) an asphalt base has been laid on the road immediately in front of the building or part thereof
and extended to an existing maintained road; and
(d) the Owner ha~ paid ~o Ibc Town lhe applicable developmem charge for each dwelling in
building or pan ~eof in ac~r~n~ wi~ By-l,aw 3854/91, ~c~ puget ~
~vetopment Char~s Act,
(2) No building or pan of a building on t~ Lands shall be ~cupiod except u~n thc issuance of a
municipal occupancy
(3) No ~plica[ian for a municipal ~capancy ~rmit for a building or pan of a building shall ~ ma~
except u~n the lb!lowing conditions:
(a) storm sewer, sanita~ sewer and water t~cilities are i~s~lled and in o~ration to adequately
serve such building or pan thereof;
(b) electric so. ice is completed and in o~ra[ion; and
(c) such curbs, as in the opinion of the Town's Director of Public Works, arc required to
completed prior to occupancy have been constructed on the road immediately in front of the
building or pa~ thereof and extended to an existing maintained public road.
26. DESIGN pLANNINQ - BUILDINGS AND NOISE ATTENUATION STRUCTURES
(I) Prior to the issuance of any building permit for the construction of any building on the Lands and the
construction of any noise attenuation structure in or adjacent to the project, the Owner shall submit
to the Town's Director of Planning. {'or approval, a report outlining siting and architectural design
objectives tbr the project.
(2) That report may be required, at the Director's option, to provide tile lbllowing intbrmation:
(a) building massing;
(b) streetscape;
(c) exterior materials and colours;
(d) architectural style;
(c) visual . ariety;
(t') energy conservation measures; and
(g) any other data or int'ormation reasonably required.
(3) Prior to the issuance of each building permit for the construction of a building on the Lands, lhe
Owner shall submit to the Town's Director of Planning, for approval, site plans and architectural
drawings ~br that building.
(4) Those plans and drawings may be required, at the Director's option, to provide the following
information:
(a) the location of all buildings and structures to be erected and the location of all facilities and
works associated therewith;
(b) the location of landscaping features, including trees to be preserved;
(c) streetscape for front, rear and flankage elevations at a scale acceptable to the Director;
(d) streetscape to show all street furniture and vegetation;
(e) the relationship of buildings by blocks; and
(f) any other data or information reasonably required.
27. SPECIFIC PROVISIONS RESPECTING DEVELOPMENT
The Owner shall comply with any specific provisions respecting the development of this project set out in
Schedule C.
28. EXPIRY QF SECURITIES
(i) ~hould any letter of credit security required to be provided hereunder expire before the Town
releases the Owner from the terms and conditions hereof, thc Owner shall provide to the Town at
least 30 days in advance of the expirj date of that security, a further security to take eft~et upon the
~xpiry.
(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.
29, ,pAYMENT OF LIENS AND OTHER CLAIMS
(I) The Owner shall disci,arge 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.
(2) At the end of the maintenance period, as extended during any rectification period, the Owner shall
file with the Town a Statutory Declaration stating that,
(a) all materials have been supplied and all services and works have been completed in the
project with respect to the constrnction and installation of Works and other services;
(b) all accounts for work or service perlbrmed and materials placed or furnished upon or in
respect of the construction and installation of Works and other services in the project have
been fully paid and satisfied and no person is entitled to claim a lien under the C~mstruction
Lien Act against the Town or any Town-owned land;
(c) there are no judgments or executions filed against the Owner;
(d) nothing is owed by the Owner or claimed against it for unemployment insurance deductions,
income tax deductions, or by way of contribution or assessment under the ~Vorkers'
Compensation Act',
(e) the Owner has not made any assignment for the benefit of creditors, nor has any receiving
order been made against it under the Bankruplcy Act, nor has any petition for such an order
been served upon the Owner; and
(f) 45 days have passed since the completion of the construction, installation, and last
rectification of the Works and services.
30. 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.
3 I. PAYMENT OF REALTY AND BUSINESS TAXES / LOCAL IMPROVEMENT CHARGES
(1) 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.
(2) Before this Agreement will be executed by the Town, the Own~c shall commute and pay to the Town
or to the Regional Municipality of Durham all local improvement charges assessed against the
I Lands.
32, PAYMENT OF ENGINEERING, LEGAL AND REGISTRATION FEES
(1) Before this Agreement will be executed by the Town, the Owner shall pay by cert fled cheque to the
Town an Engir.~ering Drawing Inspection Fee in the amount set out in Schedule C for the
examination and inspection done by the Town's Public Works Department in the processing of the
engineering drawings for this project.
(2) Befbrc this Agreement will be executed by the Town, the Owner shall pay by certified cheque to thc
Town a Development Agreement Processing Fee in the amount set out in Schedule C for the
preparation and processing of this Agreement by the Town's Legal Services Department.
(3) Prior to the registration of this Agreement 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 pr~ect, including transfers, in the Land Registry Office.
33, PAYMENT OF DEVELOPMENT CHARGES
(1) The Owner shall pay to the Town, in accordance with the Development Charges ~4ct and the Town's
Development Charges By-Law 3854/91, development charges for each dwelling unit with me
project.
(2) The amount of the development charge for each dwelling to be erected in the plan shall be the
amount set out in Schedule C for that type of dwelling, as adjusted annually in accordance with
Schedule C.
(3) Where a development charge is payable for a dwelling located on a parcel of land comprised of land
in this plan and land not in this plan, the amount of the development charge p~yable l~or that dwelling
shall be the amount ca!culated in accordance with the provisions of the Subdivision Agreement for
the most recently registered of the plan or plans within which the parcel is located.
34. 'FRANSFERS OF LANDS OR INTERES'FS IN LANDS
(I) 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.
35. 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) Prior to the registration of this Agreement, the Owner shall pay all registration costs relating in any
way to the registration of this Agreement, or any othe- documentation relating to this project.
(3) Prior to the registration of this Agreement, the Owner's Solicitor will provide, at the Owner's
expense, a certificate of title, to the satisfaction of the Town Solicitor, of all the lands and inte~sts of
lands conveyed to the Town as set out in Schedule A hereto.
(4) 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 acknowledgment in any offer to
purchase or other similar document dealing with the Lands, or any part of them.
(:5) The Owner shall indemnify 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.
(6) The Owner shall execute such further assurances of the rights hereby granted as may be deemed
necessary by the Town.
IN WITNESS WHEREOF tile Parties hereto have hereunto affixed their respective Corporate Seals attested to by
the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
NUGGET CONSTRUCTION CO. LTD.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Ar'hurs, Mayor
Bruce Taylor, Clerk
ENCUMBRANCER -
The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this
Agreement shall take effect as though executed and registered prior to the creation of any such righ; or interest and
prior to the execution and registration of any mortgage, agreement or other document creating or defining any suck
right or interest;
And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance,
easement or other document given pursuant to this Agreement, shall have priority over the rights of the
Encumbrancer in the Lands with the intent that the Encumbrancer or anyone claiming under it shall at no time
exercise in relation to the Lands any right, title or claim which could not be exercised by the Owner by reason of the
terms of this Agreement.
Dated at Ontario, this day of ,1997.
SIGNED, SEALED AND DELIVERED
We have authority to bind the Corporation.
~CHEDULE A
TRANSFERS OF LANDS OR INTERESTS IN LANDS OR CREDITS IN LIEU THEREOF
(Section 33)
CONVEYANCES REQUIRED TO BE MADE TO THE TOWN
Land to be Conveyed Purpose Interest to be Conveyed
Part Lot 7, Plan 282 Road Purposes Fee Simple
(Parts !, 4 and 11,
Plan 40R-XXXX)
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. PROVISION OF PARKLAND
The Owner shall, prior to the registration of this Agreement, pay the sum of $4,200, by certified cheque
to the Town, in lieu ora parklaod contribution tbr this project.
3. STORM DRAINAGE WORKS EASEMENT REFERENCE PLANS
ti) 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 I 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
easemenl 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.
4. 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:
INTEREST/ESTATE TRANSFERRED
Subject to the fbllowing terms and conditions, the free, uninterrupted and unobstructed right and easement to
lay, construct, operate, meintain, 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:
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 necessar)'
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 hereoL 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 an), claim which may arise out of the exer~.ise 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 run 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 Transfe~e and their respective heirs, executors, administrators,
successors and assigns.
LAND BENEFITED (DOMINANT TENEMENT)
9. The benefit of this Transfer and all of the terms and conditions contained herein shall run ~ith all
other lands and interests in lands owned, occupied or used by the Transferee for the purpose of
operating :~c! maintaining storm drainage works.
SCHEDULE B
REQUIRED FORM FOR PERFORMANCE AND MAINTENANCE SECURITY LETTER OF CREDIT
(Section 21 )
To: Thc Corporation of the Town of Picketing
Picketing Civic Centre
One The Esplanade
Picketing, Ontario
Lib' 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 securityl, 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 inquiring 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 nf bank], [address of bank], at such time as a written demand
fbr payment is made upon us a certificate signed by you agreeing or confirming that monies drawn pursuant to this
Le:~er of Credit are payable to you or arc to be or have been expended pursuant to obligations incurred or to be
incurred by you with retk:rence to your file regarding a Development Agreement doled [date of Agreement],
between [name of signatories to Agreemenl, 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 ketter 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 Idate of expirs' 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 expi~'
of Letter of CreditI.
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:
I. Letter &Credit must be wped on bank letterhead.
2. Information required in square brackets must be provided where indicated, without b.rackets~
3. Phrases shown i~ round brackets must be included without brackets whe~-c there are two or more companies
comprising the customer.
4. The da~e in the sixth paragraph must be at least one ye~ from the date of the Letter of Credit.
5. Thc date in the seventh paragraph must he the same as the date in the sixth paragraph.
6. Bank signatories must show name, printed or tYl~d, and title, in addition lo signature.
SCHEDULE C
DEVELOPMENT CHARGES, ENGINEERING/LEGAL FEES, OTHER RELATED
DEVELOPMENT COSTS
1. DEVELOPMENT CHARGES PAYABLE
(1) Until and including October 7, 1997, the development charges payable under the Town's
Development Charges By-law 3854/91 for each single or semi-detached dwelling unit within this
project is $5,502.
(2) From and after October 7, 1997, the amount of the development charge payable for the dweJling
units within this project will be as set in accordance with the Town's Development Charges By-law
in existence at the date of such payment.
2. ENGINEERING DRAWING INSPECTION FEE PAYABLE
Prior to the registration of this Agreement, the Owner shall pay to the Town, the sum of $105, which
represents the amount of the Engineering Drawing Inspection Fee payable for this project.
3. DEVELOPMENT AGREEMENT PROCESSING FEE PAYABLE
The amount of the Development Agreement Processing Fee payable for this Agreement is $3,210 [$3,000
plus $210 GST].
4. EXPECTED NUMBER OF DWELLINGS
(1) This Agreement has been entered into with the expectation that three dwellings are to be constructed
on the Lands, one unit on Parts 6. 7. 8, 9 and 12; one unit on Parts 3, 5, 1 O, 13 and 14 and one unit on
Part 2, Plan 40R-XXXX
(2) If more or less than three dwellings are to be constructed in this project, the Town at its sole
discretion may require the Owner to obtain new approvals and authorizations under this Agreement
and may prohibit any development until the new approvals and authorizations are obtained.
5. BUILDING PERMITS
The Owner acknowledges and agrees that no building permits will be issued for any of the lands being
developed herein until such time as the road alterations and the installation and services have been
completed on Parts 1, 4 and I 1, to the satisfaction of the Town's Director of Public Works and until the
lands have all been conveyed to the Town and dedicated as public highway.
6. CONVEYANCE OF PARTS 1~ 4. and 11~ FOR ROAD PURPOSES
Notwithstanding the provisions set out in clauses 33(1) and 34(3) of this agreement, the parties agree
that the Town will not obtain a conveyance of Parts 1,4 and 11, Plan 40R-XXXX until the road has been
constructed to base course asphalt to the satisfaction of the Town's Director of Public Works. The
Owner agrees to provide, at the Owner's expen3e, a certificate of clear title to the lands set out in section
34(3) to the satisfaction of the Town's Solicitor. The conveyance of Parts I, 4 and I 1, Plan 40R-XXXX
wilt be free and clear of all encumbrances and at no cost to the Town.
7. SPECIAL PROVISION RESPECTING O~DIN0
In addition to the conditions set out in section 14 herein, the Owner agrees that the required Grading and
Control Plan shall include provisions with special emphasis on coordinating grades with adjacent lands
and with adjacent existing lots.
8. NOISE/VIBRATION ATTENUATION MEASURES AND WARNING CLAUSES
(1) In the development of this project, the Owner shall implement the noise and vibration attenuation
measures recommended in the engineering report entitled Noise Impact Report, dated Febraary
21, 1989, as amended March 12, 1996, prepared by J.D. Coulter Associates Limited, Prot~ssional
Engineers.
(2) Upon the completion of the implementation of those measures, the Owner shall provide to the
Town's Director of Planning, a Certificate of Compliance t¥om a Professional Engineer stating
that those noise attenuation measures have been implemented in accordance with that report.
(3) The Owner shall indemnify and save harmless the Town,
(a) from any loss, inconvenience or damage which may result from the Owner lhiling to
comply with any provision of this section; and
(b) agai,~st any action or claim made against the Town by any person arising out of the
implementation or non-implementation of the noise and vibration attenuation measures or
out of any failure to include any required warning clause, or out of the execution of this
Agreement with this section in it.
9. DURHAM BOARD OF EDUC^TION
(1) The Owner shall insert the following clause in the sale and purchase agreement for each lot:
"'t'hat studem;· "rom this' development ma), have to attend existing schools even though a site has
been set aside m the development. A school ma3, not be built fi~r several years, if at all, and only
then if it can be justified to the sati.sfactmn of the Ministry of Education."
(2) The Owner shall install a six-foot chain-link fence, standard school fencing along the boundaries
of all residential lots abutting the school block.
(3) No grading, placing or removal of fill shall occur within the school block without the prior
written permission of the Durham Board of Education.
10. MINISTRY OF THE ENVIRONMENT ("M.O.E.")
(1) The Owner shall insert the following clause in the sale and purchase agreement for each lot:
"Purchasers are advised that despite the noise control features within the development area
and/or within the individual dwelling unit, noise levels may continue to be of concern.
occasionally interfering wtth some activities of the dwelling occupants."
(2) The Owner shall implement those noise control (sic) measures as approved by the Ministry. of the
Environment and as recommended in the acoustic report.
11. CANADIAN NATIONAL RAILWAY ("C.N.R.")
(1) The Owner shall insert the following clauses in the sale and purchase agreement for each lot:
(a) "Purchasers and tenants are warned of the existence of C N. R. 's operated right~£-way:
the possibility of alterations to or an expansion of its rail facilities thereon in the.fitture,
including the possibility that CN.R. may expand its operation, which expansion may
affect the living environment q[ the residents notwithstanding the inclusion of noise and
vibration attenuating measures in the design oj'the subdivision and individual units, and
that C.N.R. will not be responsible for complaints or claims' arising from CN.R. 's use of
::
- its facilities and/or operations."
(b) "Purchasers and tenants are notified that the berm, .fencing and other noise attenuation
measures are not to be tampered with or altered and further that the Owner shall have
the sole responsibdity for and shall maintain these measures to the satis.]hction of
CN.R,"
(2) The Owner shall install a noise attenuation barrier and/or a ~bnce along the mutual property li~le
with the C.N.R. right-of-way to the satisfaction of C.N.R.
(3) The Owner shall obtain prior concurrence from C.N.R. and provide a drainage report to the
satisfaction of C.N.R. for any proposed alterations to the existing drainage pattern affecting
C.N.R. property.
D9706