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HomeMy WebLinkAboutBy-law 3981/92 THE CORPORATION OF T_THE TOW~N_ OF PICKERING BY-LAW N_~. 3981/92 Being a by-law to authorize the execution of a Subdivision Agreement and related documentation respecting the development of Part Lot 28, ConcesMon 1, Picketing and to repeal By-law 3775/9l (Tbickson Developments Ltd.; 18T-87084). WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 28, Concession 1, Pickering, has been recommended for approval by the Council of The Corporation of the Town of Picketing and approved by the Conmfissioner of Planniug of the Regional Municipality of Durham as Draft Plan 18T-87084, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement with The Corporation of the Town of Picketing, pursuant to the provisions of the Planning Act, R.S.O, 1990, chapter P. 13, section 5 I(6); and WHEREAS, on August 8, 1991, the CouncLI of The Corporation of the Town of Picketing passed By-law 3775/9l, authorizing the execution of an earlier version of such an agreement, which version has never been executed by the Town's officers and has expired; and WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter M.45, section 191(I), the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring any land or hlterest therein for the purposes of the corporation; NOW THEREFORE the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form attached hereto as Schedule A, between Thickson Developments Ltd. and The Corporation of the Town of Pickering, respecting the development of Part Lot 28, Concession 1, Picketing (Draft Plan 18T-87084). 2. The Corporation of the Town of Pickering shall acquire those lands or interests in lands referred to in section 33 and identified in Schedule A of that Subdivision Agreement subject to the terms and conditions and for the purposes set out therein. 3. The Mayor and Clerk are hereby authorized to execute Transfers/Deeds of Easement, in the form attached hereto as Schedule B, effecting the acquisitiou by The Corporation of the Town of Picketing of any h~terests in land in the nature of storm drainage works easements. 4. By-law 3775/91 is hereby repealed. BY-LAW read a first, second and third time and finally passed this 4th day of May, 1992. a TOWN OF PICK ERH',~ G APH OV£D AS TO FOR, , L£t;A/ DEPT Sct~i~le A TH~S SUBDMSION AGREEMENT made May 4, l~q2, punuant to the prov~iom of sec~on 51 of the Planmng Act, R.$.O. l~)0, chapter P.13, BETWEEN: THICKSON DEVELOPMENTS LTD.. herein called the "Owner", OF THE FIRST PART, THE CORPORATIQ~ OF THE TOWN OF PIC~RRINC/ herein cnlled the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to subdivide part of Lot 28, Concession 1, ia the Town of Picketing, in the Regional Municipality of .Durham, and to register a plan of subdivision of those l,an~s., as shown on a draft plan of subdivision designated as Draft Plan Number 18T-8701M, and is requtred as a condition of approval thereof to enter, into a subdivision agreement with the Town pursuant to section $1 of the Planning Act, R.S.O. 1990, chapter NOW THEREFORE, THIS AGREEMENT W1TNESSETH THAT, in consideration of the Town consenting to the registration of the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: PART 1 - l~t~tPl~ ~tqG ~ APPL~ THIS AGREEMEI~F The lands affected by this Agreement (the "Lands") are Lots I to 6, both inclusive, Plan 40M- , Pickering. 2. STATUS OF THIS AGREEMENT (1) In the event the plan of subdivision is not registered on or before Januaty 4, 1993, this Agreemem shall be null and void and of no fu~bor effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner ns a result thereof. (2) This Agreement is entered into and executed by the Owner for the purl?se of having the Town act in reliance on the covenants by the Owner contained berem 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. I~P.E~TA~ID~ (1) Whenever in this Agreement the word "Owner" or the pronoun "it" is used, it shah be read and construed as "Owner or Owners" or "his", "her" or "them", respectively, and the number of the verb agreeing therewith shah be construed accordingly. (2) Schedules A, B, C and D at~ached hereto shah form pan of this Agreement. (3) Time shall be of the essence of this Agreement. This Agreement shall be enforceable 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 mn with the Lands for the benefit of the Town and the land or interests in land owned by the Town upon the registration of the plan. (1) Any notice required to be given hereunder may he given by personal delivery or registered tutti, (a) in the case of the Owner, to Lawrence P. MacDonell, President, Thickson Developments Ltd. Suite 205, 4117 Lawrence Avenue East West Hill, Ontario MIE 2S2 (b) in the case of the Town, to The Town Clerk The Corporation of the Town of Picketing Picketing Civic Complex One T~e Esplanade Picketing, Ontario LIV 6K7 (2) Each Part7 may redesignate the person or the nddreas, 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 shaH he deemed to have been given on the second day following the day of delivery or the day of mailing, as the case may be. The Owner shah ret&in a licence from any subsequent Porcheser 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, nil the municipal services as herein~ter set forth to the satisfaction of the Town, and shall complete, perform or make payment for such other matters as may he provided for herein. Every provision of this Agreement by which the Owner is obligated in nny way shah 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 c~'y out ah the necessary engineering and to supervise the work required to be done for the development and construction of the project. -2- (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work requir~ to be done for the development and construction of the project is completed and formally accepted by the Town. (~3) The Owner may change from one Consulting Engineer to another at any time or times during the development and constntc~ion of the project, so long as the Owner has a Consulting Engineer retained at all times. 10. CONSTRUCTION / INSTALLATION OF TOWN WORKS AND SERVICES (1) The Owner shall obtain nil required approvals and shall construct or install to Town standards and shah 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 Wodr~ in accordance with the Town's specifications for such Works: (a) Town roads wi~fin the plan, complete with all signs and other appm'tenenc~; (b) Town wads adjacent.to the plan and not separated from the plan by, reserve or reserves, complete with all apDur~enances; (c) rentoval and replacentent of any temporary tumin~ circle located immediately adjacent to the plan on a Town road to be extended into the plan; (d) street storm sewers on roads referred to in (a) and (b), complete with curb~, gutters, catchbasins and manholes; (e) storm water drainage and ntanagement 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 ostlers; (f) 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, and on Town roads to be extended into the plan where the Owner is requked to restore 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 u temporary mining c/fcic; (h) street tree planting on Town roads within the plan, on Town roads ~djacent to the ]~lan but not separated from the plan by a reserve or reserves, and on Town roa~s to be extended into the plan where the Owner is requh'ed to restore and replace a tentpora~ turning c/fcic; (i) walkways on walkway blocks and park entrances, complete with walkway fencing and lighting; and ii) other fencing, including, (i) fencing adjacent to commercial sites, school sites, pm'ks, open space, storm water managentent facilities and weds adjacent to the plan and separated front the plan by a reserve or re. serves, and noise attenuation fencing. (2) If at n~.y time prior to the acceptance of the Works, the Town's Director of Public .. Works is of the opinion that addhionai works are necessary to provide adequately any ,~t tl~'l~blic'services requ/~ed 'o~, ,.~-~ F, vj~,;~,"~he Owner shall comtruct, install or perform such additional works at the request of the D/rector. (3) All Works shail he 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 or, in the case of street lighting, Picketing Hydro's inspectors. -3- (4) The Owner shallpay to the Town the Town's costs of inspection, including but nm necessarily limitedto, salaries and wages of inspectors, testing fees and administration fees, within 30 days of invoices being rendered. 11, GENERAL REGULATIONS RESPECTING SERVICING (l) The construction of Town roads 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 installation of services involves a continuation or extension of existing services, the Owner shall join into the existin{ services, including adjusunent of grades where necessary, in a $o~xi and wodnnanlike manner. (3) The Owner sh~ll 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 ro~ds 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 q~amitative tests made of any materials which have been or are proposed to be used tn the construction or installation of any services required by.this A~mmment, and the cost of such tests shaH be paid by the Owner within 30 days of invoices being rendered. (6) The Owner shah pay, within 30 days of invoices being rendered, the costs of, (a) relocating any existing services and utilities caused by the construction or installation of services, or other work 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 shah perform any work required to be done under thia Agreement to the specifications of the Town in effect at the date hereof. (8) The Owner shaH provide and erect tempor?~., signs of such nature and at such Iocatiom as designated by the Town's Director of Public Works. 12. ELECTRICAL SERVICES Where elecuicity, cable television service or telephone service is to be provided to any lot or block in the project, it s.hah be provided underground and in accordance with the standards and specifications of Pickenng Hydro-Electric Commission, Trillium Cable T.V. Limited or Bell Canada, as the case may be. 13. TREE INVENTORY / TREE PRESERVATION PROGRAM (1) The Owner shah submit a Tree lnvemory and Tree Preservation Program prepared by & tq~ealified expe.n, and indicating which existing trees in the project may be preserved to Town's Du'ector of Public Works for the review and approval of the Town's Director of Planning and Director of Community Services and Facilities, and shall implement the Program as approved only. (2) Until d~. ".:_. :.~,.,aiion Program is appi',..-~ ' --?-,~ ~l,aH 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 requited to he preserved by the ~l~roved Tree Preservation Program is removed or is, in the opinion of the Town's Directo' 'r of Community Services and Facilities, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the Owner shah replace that tree with a ~ of a height, diameter and species determined by the Director; tach replacement shah be at no cost to the Town. -4- (4) The Owner's liability under subsection (3) shall continue until, (a) where the lands upon which the ~e is located comprise a residential buildinl lot or block, twelve months after the completionof the soddinl on the lnt or block, 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 (1) The Owner shall submit to the Town, for the approval of the ~own's Director of Public Works, a Grading Control Plan prepared ~ the Owner s Co?uhing Engineer, establishing the proposed grading of the lands in the pr.o]ect to ~provtde for the proper drainage thereof and the drainage of all adjacent lmds which drain through the lands in the project. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lo~ Drainage Specifications and shah not provide for the drainage of surface run-off water omo Town-owned park. land, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of soitable swales and catch basins to manage adequately, in the opinion of the Town's Director of Community Servic~ and Facilities, that surface mn-off water. (3) The .Owner shall grade all the lands in the project in accordance with the approved Or~dmg Control Plan, ensuring that sufficient tOl~Oil remains as cover on ah 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) gr.ding has been done in accordance with the (3fading Control Plan but drainage problems remain, or (c) sufficient topsoil has not been left in the appropriate areas, the Owner shall re-grade the project, or part hhereof affected, adding a sufficient amount of topsoil if necesssry, or construct catch basins, swales or other structures as may he necessary to correct such problems, as directed by the Town's Director of Public Works, (5) The Owner shall sod the front, side and rear yards of each of the residential lots and blocks in the project except for paved, planted or treed areas. 15. AUTHORIZATION TO COMMENCE WORK The Owner shah not commence the construction or installation of any of the Works without the written Authorization to Commence Work of the Town's Director of Public Works, which Authorization shall not he issued until all approvals requited by this Agreement have been obtained and, (a) four red-lined copies of this Agreement executed by the Owner and aH Encumbrancers have been provided to the Town to the satisfaction of the Town Solicitor; (b) aH monies, securities and insurance policies, as noted in this Agreement, have been delivered to the Town to the satisfaction of the Town Treastu~r and the Town Solicitor;, ,,./ ah approvals and pe~.: . ~' '"_ :.,~,.vbi4hled from the Mir'2-'. -" "-: E~:'ko:',ment, the Ministry of Natural Resources and the Metropolitan Toronto and Region Conservation Authority; and (d) three executed copies, in a form suitable for registration, of any Transfers/Deeds required by section 33 respecting the conveyances identified in Schedule A have been provkled to the Town in registrab[e form m the satisfactio~ of the Town Solicitor. -5- 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 shah not be deemed an acceptance of any of the Works by the Town, nor an aasum~tion by the Town of any liability in connection therewith, nor a release of the Owne trom any, of its obligations under this Agreement. 17. INTERNAL / EXTERNAL ROAD MAINTENANCE AND REPAIR / SNOW PLOWING (1) Throughout the renu of this Agreemem, the Owner shaH, (a) maintain aH Town roads within the pro, ct in a mud and du~t ft~ condition and free of obsu~ctions, regardless of the source or cause of any mud, dust or obstruction; (b) maintain all Town roads outside the project, including boulevards, in a mud and dust free condition and free of obs~uctions, where the source or cause of the mud, dust or obstruction is au operation or operations related in any way to the development of the project; (c) repair ah 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 project; and (d) plow snow from and salt all Town roads within the project that are not subject to the Town's winter control program. (2) The Owner, within 24 hours of verbal notification by the Tow~ to it or its representatives, shah undertake such works as are necessary to clean, clear, repair, plow or salt any Town mad requiring such work in the opinion of the Town's Director of Public Works or his designate. 18. COMPLETION DATES - TOWN WORKS AND SERVICES (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 from 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 - one year from date of Authorization to Commence Work; (f) (i) boulevards and s!=c~_walks on Town roads within the plan, on Town roads adjacent '-.."- _.'-'~ b:" ~ separated from t~ fda,, Iw s reserve or reserves - six months after occupancy of lb'at ~welll~g to be occupied adjacent to segment as identLqed by the Town's Director of Public Works, but no later than two years from date of Authorization to Commence Work; (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; -6- (g) street liffhtinff - one year from date of Authorization to Commence Wodr.; (h) street tree planting - two years from date of Authorization to Commence Work; (i) walk'~ays, walkway fencing and walkway lighting - prior to the occupancy of any dwelling adjacent thereto; (j) (i)A other fencing adjacent to parks, open space and storm water management facilities - prior to the occupancy of any dwelling adjacent thereto; (i)B other fencing adjacent to commercial sites and school sites - one year from date of Authorization to Commence Work; and (i)C other fencing adjacent to roads adjacent to the plan and separated from the plan by a reserve or reserves - six months after ~ of rust dwelling to he occupied adjacent to segment as ndentified by the Town's Dix~ctor of Public Works, b~ no later than two years from date of Authorization to Commence Work; and noise attenuation fencing - prior to the occupancy of any dwelling adjacent thereto, following the completion of aU of which,, and the approval, thereof by the Tosm, the Town shah issue to the Owner a Completion Acceptance Certificate. (2) Despite the provisions of sub.sections (IXf)(i) and (1)(jXi)C, where the .o~.ancy of the Fust dwelLin$ unit occurs tn Novemher or December of any year, the tune limit for construction of the adjacent boulevard, sidewalk or fencing segment shall be extended to June 30 in the following year. 19. FAILURE TO COMPLETE / IMPROPER PERFORMANCE (1) If, in the opinion of the Town's Director of Public Works, the Owner is not constructing or installing the Works, or causing them to be constructed or installed, within the specified time or so that they may he 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 ca~lessly or in bad faith, or has neglected or refused to renew or again perform Works rejected by the 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 ~nt, then the Director may notify the O~ner and his surety in writing of the default or neglect and if the notification he without effect for seven days, then the Di~ctor shah have full authority to make any payment or do any thing, including but not limited to obtaining materials, tools and machinery and employing persons requ~ed for the proper completion of the Works or rectification of the default, at the cost and expense of the Owner or his surety, or both. (2) In cases of emergency, in the opinion of the Director of Public Works, such Di~ctor may act without prior notice but the Owner and its surety shall be notified forthwith. (3) The cost of rectifying the default shah he calculated by the Director of Public Works, whose decision shah be final, and may be charged to the Owner, together with a 25 per cern engineering and administration fee, by drawing upon the letter of credit filed with the Town under section 21. 20. GUARANTEE OF WORKS. WORKMANSMIP AND MATERIALS (1) The Owner shah .guarantee all Works, workmanship and materials employed or used in the construction, installation or completion of Works, services and other t~quit~nent~ under this Agreement for a minimum period of two y~ars (th~ "maintenance period') following the issuance of the Completion Acceptance Certificate by the Town. (2) Despite any other provisions of this Agreement, the responsibilities of the Owner during the maintenance period shall include the maintenance of the Works, including the rectification of any unsatisfactorily installed Works. -7- (3) Prior to the end of the maintenance period, the Owner's Coraulti~ Engineer shall submit to the Town, (a) "as built" construction drawings for the Wottts complete as per Town standards, together with that Consulting Engineer's certificate that those drawings accurately depict the Works as constructed; and ih) a statemem by an Onta~in Land Surveyor that all standard iron bat, s as shown on the registered plan, and survey monuments at all block c.omers, at the ends of all curves (other than corner roundings) and at aH 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 aH of its obligations under the terms of this Agreement to the satisfaction of the Town, the Town will issue to the Owner a Final Acce~ance Certificate at which time the Town will assume ownership of the Wodts and the operation and mabuenance thex~f, and the maintenance period will then end. (5) ff upon the re-inspection conducted prior to the cod of the maintonnnce 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 the Town, the Town will advise the Owner of the deficiencies, the expected rectiilca, tions, and ~ time limited for implementing the rectifications (the "rectification period") and maintenance period shall he extended to the end of the rectification period. (6) At the end of the rectification period, the Town will re-inspect the Works and if, (a) the Works are acceptable; and (b) the Owner has performed aH 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. (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 perfonned all of 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 g~anted, and, ii so, upon what terms and conditions, or whether the Town shall proceed under the provisions of section 19, or both. 21. PERFORMANCE AND MAINTENANCE ~ECURITY (1) Before this Agreement will he executed by the Town, ~e Owner shah file with the Town an trrevoca~.. ~-,';¢,iit~. issued by a chane:-.~ '.~= ~- "- C.-'.-."..~.= in the form set out in Schedule B and in an amount established by the l)trecto~ of Public Works (the "original value"), as a performance and maintenance security for the ~ of, (a) guaranteeing the satisfaciov] comtmction, installation or performance of the Works; (b) guaranteeing the payment of any amounts payable to the Town under ~ Agreement; -8- gunr~eein$ tl~ p&y~nent of my mmunt that ~e Town ~y ~ ~ to p~ ~r ~ ~v~i~ of ~ Co~uc~on Lien Act, or ~y suc~smr ~o, ~ (d) ~mtee~g ~ Wo~, wo~h~ ~ mater,s ~r~g t~ m~ten~ ~ ~ my ~ct~cati~ ~ri~ or ~ri~s ~ ~t~ a F~ A~e~ Cen~c~ h~ ~ ~sued by ~ To~'s D~mr of ~b~c Wo~s. (2) ~e ~ner may, at ~ t~e a~er t~ ~ 50 ~r ~, ~ v~ue, of Wo~ have ~n come.ed, ~t~ed ~ ~ffo~, ~ p~d for, ~ly for a ~u~ion ~ ~ se~ ~d such ~pUc~ton sh~ ~ ma~ to ~ To~ T~t. (3) U~n wfi~en re.cation from t~ D~or of ~bl~ Wo~ ~m ~ c~ction, ~st~ati~ or ~o~ of ~ Wo~ for w~ch ~ is ~g sought have ~n sat~facto~y complet~ ~ paid for, t~ To~ M~ag~ ~y r~u~ ~ ~ount of ~ sec~ m ~ ~o~t not less ~, subst~ti~ ~Eo~ce h~ ~n ma~; (b) 35 ~r ~nt of ~ ofig~ v~ue w~m, (i) a cenificme or ~cl~on of su~ti~ ~~ h~ ~n ~bl~; (U) 45 days foHow~g such ~bUc~on ~ve exp~; ~ ~ liens that may ~ cl~ ~ ~ ~i~ m~ to~ ret~d ~ t~ To~ have e~d ~'have ~n sa~d, ~d or pmv~ fo~ by paint ~to ~; ~d (c) l~ ~r cent of ~ o~g~ v~ue w~m, (i) a c~ific~ of ~m~ c~pleti~ ~ ~n ma~ ~ t~ ~r's (U) 45 days foUow~g ~e m~g of ~ch ~cate ~ve exp~d; ~ l~s t~t may ~ cl~ ~ ~y hol~k ~ to ~ ~ ~ t~ To~ have exp~ ~ ~ve ~n sat~md, ~h~ged or pmvi~ for ~ pay~m ~to co~; ~ (iv) a Co~letion Acc~e ~nificam h~ ~n ~ued by t~ Town's D~or of ~blic Wo~, w~ch 17 ~r ~nt ~ni~ sh~ ~ ~ ~t~ of Wo~s,.wo~p ~ m~efi~s, um~ a From A~e~ce ~nificate h~ ~ ms~ ~ ~ To~'s D~or of ~blic Wo~, w~n t~ bM~ of ~ se~ sh~l ~ returned to t~ ~er sub.ct to ~y d~uctiom for rect~c~i~ of defic~nc~s. (4) U~ ~ ~rov~, if ~y, of a ~ction ~ ~ ~unt of ~ sec~W ~d to ~ provi~d ~ subsection (1), t~ To~ M~ager or t~ To~ T~r sh~ ~ovi~ to ~ Ow~r ~y ~c~s~ ~s~ce to effect t~ reducti~. 22. OWNER'S GENERAL INDEMNITY Until the Town's Director of Public Works has issued the Final Acceptance Certificate for the Woflts. the O~ue~ shall indemnify the Town agaJns~ nil actions, causes of actions, suits, claims and cle~°_.nds w~atscever, which may ~-~-~ -~'~'-- ,~'-~!¥ or indirectly by ~wo~ ~'~ ,~- r',~.er undet~nlclng the project or servicing the Lands as required under this Agreement. 23. LIABILITY 12qSURANCE POLICY / PROVISION FOR DEDUCTIBLE (l) Before this Agreement will be executed by the Town, the Owner shall file with the Town a Certificate of Insurance verifying that a Liability Insurance Policy is in effect, setting out the essential terms and conditions of the insurance, and naming the Town aa additional named insured, all of which shall be subject to the approval of the Town Solicitor. -9- (2) The policy shall comply with the following provisions: (a) the minimum limit per occufTence shall be $5,000,000 all inclusive for pro~rty damage and personal liability; (b) it shall not contain a clause for exclusion for blasting; and it may not be cancelled unlessprior notice by registered letter has been given to the Town by the insurer thirty days in advance of the expiry date. (3) The policy premium must be paid initially for a period of one year and the policy shall. be renewed for further one year periods until the Final Acceptance Certificate has been issued by the Town's Dh'ector of Public Works. (4) If the policy coverage is subject to a deductible amount, the Owner shah file with the Town, when filing the Certificate of Insurance, a certi6ed c ,h~e 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 inv.e?igate claims less than the deductible amount and authorizing the Town to pay such cinmm deemed valid by the adjuster out of the deposit; the Owner shah be responsible .for all adjustment service costs and shall maintain the deposit throughout the term of this agreement in the amount of the deductible. (5) The provision of the insurance policy requital by ~ section shall not re.'?.e the Owner from liability for claims not covered by the policy or which exceed its llnuts, if any, for which the Owner may be held responsible. PART 3 - DEV~OP~IG TH~ PROJECT 24. CONSTRUCTION AND OCCUPANCY OF BUILDINGS (1) No building permit shah be issued for any building or part of a 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 the development ch&rge for each (d) the Owner has paid to the Town theapplicablereof' dwelling in that building or part m accordance with By-law 3854/91, enacted pursuant to the Development Charges Act. (2) No building or part of a building on the Lands shah be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building '-- shallbe made except upon the following conditions: (a) storm sewer, sanitary sewer and water facilities ate installed and in operation to adequately serve such building or part thereof; (b) electric service is completed and in operation; and (c) such curbs, as in the opinion of the Town's Director of lYublic Works, are required to be completed prior to occupancy have been constructed on the mad immediately in front of the building or pa~ theseof and extended to an existing maintained public road. (4) The Owner shall maintain vehicular access to all occupied buildings on the Lands until the roads in the plan are formally assumed by the Town. -10- 25. DESIGN ImLAI~G - RESIDENTIAL {.tNI'FS AN'T) NOISE A'I"I~ATION STRUC~{n-q ( 1 ) Prior to the issuance of any building permit for the construction of any residsntia{ unit 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, for approval, a report outlining siting and architectural design objectives for the project. (2) That repor~ may be required, at the Director's option, to provide the following information: (a) house massing; (b) sueetscnpe; (c) exterior materials and colours; (d) architectural style; (e) visual variety; (lr) energy conservation measures; and (g) any other data or information reasonably required. (3) Prior to the issuance of any building permit for the construction of n residemial unit to be erected on the Lands, the Owner shah submit to the Town's Director of Plannin{, for approval, site plans and architectural drawings for that unit. (4) Those plans and drawings may be required, at tl~ Director's option, to provide the following information: (a) the location of ali buildings and structures to be erected and the location of ah facilities and works associated therewith; (b) the location of landscaping features: including trees to be preserved; (c) streetscape for front and rear elevauon at a scale acceplable 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. 26. SPECIFIC PROVISIONS RESPECTING DEVELOPMENT The Owner shall comply wimh my specific provisions respecting the development of this project set out in Schedule D. P~./~T 4 - F/~ANC/AL ~ 27. EXPIRY OF SECURITIES (1) Should any letter of credit security required to he provided hereunder expire before the Town releases the Owner from the terms and conditions hereof, the Owner shah provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shall be in a form and amount satisfactory to the Town. (3) Should no such further security be provided as required, then the Town shah 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. 28. PAYMENT OF LIENS AND OTHER CLAIMS '" '"'" Oe~ner shall discharge or vacate any liens or ~' ..... ~-'-,_..-.'=.~h ~be 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 construction and installation of Works and other services; -11- (b) all accounts for work or service performed and mate.ri~s placed or fvmished upon or in respect of the construction and installatmn of Works and other services m ~he project have been fully paid and satisfied and no person is entitled to claim a lien under the Cvn~'ucrion Lien Act against the Town or any Town-owned land; (c) there are no judgments or executions filed ageinst the Owner;, (d) nothing is owed by the Owner or claimed against it for unen!p. Io.yment insurance deductions, income tax deductions, or by way of contribution or assessment under the Workers' 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 Bankruptcy Act, nor has any petition for such an order been served upon the Owner, and (f) 45 days have passed since ~e completion of the consm~'~ion, installation, and last rectification of the Works and services. 29. 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 ~e no~ p~d un the due antes caloula~i from such due da~t 30. PAYMI~IT OF REALTY AND BUSINESS TAXES / LOCAL IMPROV~VIENT CHAROES (1) The Owner shah pay in foll as ~ey come due ah realty and .bnsine~s taxes assessed against the Lands or the Owner as required by law from time to tame. (2) Before this Agreement will be executed by the Town, the Owner shall commute and pay to the Town or to the Regional Municipality of Durham ah local improvement charges assessed against the lands in the plan. 31. PAYMENT OF DEVELOPMENT CHARGES (1) The Owner shah pay to the Town, in accordance with the Dev¢lopmen~ Charges Act and the Town's Development Charges By-law 3854/91, development charges for each dwelling unit within the project respecting ~ following services: (a) administrative services - town offices; (b) administrative services - capital growth studies; (c) pro~ction, ftre facilities; (d) protection - Fu~ vehicles and equipment; (e) stunn drainage, roads, sidewalks, storm sewers, lighting and other services; (f) transportation - wodts yards, vehicles and equipment; (g) transportation - transit; (h) parks - parkland acquisition; (i) pratts - parkland develo .[n. nent; . . (j) major recreational facilities - major indoor recreational facilmes; (k) library - library facilities; (1) library - library materials; and (m) electrical distribution services and facilities. (2) The amount of the development charge for each dwelling to be erected in the plan shah he the amount set out in Schedule C for that type of dwelling, as adjusted annually m accordance with Schedule C. (3) ~', ...... ; ,;~vciopment charge is payable for a.dweHing located o.. _ r=-~l of land comprised of land in this plan and land not m this plan, the amount of the devel .o~n~.nt charge payable for that dwelling shah be the amount calculated in accordance with the provisions of the subdivision agreement for the most w~ently registered of the plan or plans within which the parcel is located. 32. PAYMENT OF ENGINEERING. LEGAL AND REGISTRATION FEES (1) Before this Agreement will be executed by the Town, the Owner shall pay by certified cheque to the Town an Engineering Drawing inspection Fee in the amount 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. -12- (2) Before this Ag~ement will be executed by the Town, the Owner shah p~y by ceffified cheque to the Town a Subdivision 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 Oepmmenc (3) The Owner .shaHpay all registration costs incurred by the Town relating in any way to the registratwn of the plan of subdivision, this Agreement, or any other documentation, including ~ansfers, in the Land Registry Office within 30 days of invoices being PAR~ $ - TRA/VgFF_Jt$ .4/VD TRANSFERS OF LANDS OR INTF-J~-.~TS 1~ LANDS OR PAYMENTS IN LIEU TI4EREOF (1) Upon executing this Agreement, the Owner shall convey or cause to be conveyed to the Town, free and clear of all encumbrances and at no cos~ to the Tow~, aH of the lands or interests in lands identified in Schedule A for the purposes set out therein. The Owner hereby warrants ~ha~, ~ suc.h conveyence, nei'&er t~ t~tle m ~he i~ conveyed nor their physical state and condition shall prevent the Town from law~lly or physically using the lands for the puq~oses for which they am hein~ conveyed as ~et out in Schedule A. (3) Where none of the lands identified in Schedule A ~ to be couv?.y, ed for puddand purposes, the Owner shall puy to. the Town, before this Agreement will be executed by the Town, an amount calculated m accordance with the provisions of Schedule A in lieu of a parkland conveyance, (4) Any Transfer/Deed given pursuant to this Agreement shah be in a form acceptable to the Town Solicitor and any Transfer/Deed of n storm drainage wodts easement shah contain the Storm Drainage Wot~ct Easement Schedule set out in Schedule A. (5) The Town may complete or alter any descrip~inn of land in this Agreement or in any Transfer/Deed given ~pursu. a~.t to this Agreement so as to make the description correspond with the description of the land according to the plan which is to be registered pursuant to this Agreement. 34. RELEASE OF TI-IE PLAN FOR REGISTRATION Before the To~c. will advise the Regional M.un~_'cipality of Durham that the conditions of Drab Approval affecting the Town have been sausfied, the Owner shah deliver to the Town the following: (a) four red-lined copies of this Agreement executed by the Owner and aH Encumbrancers; (b) aH monies, securities and insurance required by this Agreement; (c) duce executed copies, in a form suitable for registration, of each Transfer/Deed required by section 33 respecting the conveyances identified in Schedule A. REGISTRATION OF AGREEMENT (1) This Agreement shall be registered by the Town in the Land Registry Office for the Land Titles Division of Durham (No. 40). (2) The Owner sh~tu g~ve to every purchaser of the Lands or any pm of the Len~, .... - notice of the existence and the terms of this Ag~ement and shall include an acknowledgement in any offer to purchase or other similar document dealing with the Lands, or any part of them. 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. (4) The Owner shall execute such ftmher assurances of the rights hereby granted as may be deemed necessary by the Town. -13- IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED AI~ID DF.~JV£RED THICKSON DEVELOPMENTS LTD. Lawrence P. MacDoneH, President THE CORPORATION OF THE TOWN OF PICK~RING Wayne Arthurs, Mayor Bruce Taylor, Clerk ENCI_IMBRANCER - BONITA IOY GRIES The Encumbrancer hereby postpones any rights or interests which she him in the Lands with the intent that this Agreement shah take effect as though executed and registered prior to the creation of any such right or interest and prior to the execution and registration of any mortgage, agreement or other document creating or defining any such right or interest; And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyunce, 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 her shall at no time exercise in relation to the Lands any right, title or claim which could nm be exercised by the Owner by reason of the terms of this Agreement. this day of ,199~. SIGNED, SEALED AND DELIVERED In the presence of (seal) Bonita Joy Grior - 14- lWAIV~EI~ OF l.~dV~ OR INTEi~-i a fly LAIRDS OR pal~rrs ay ~ THEREOF (Section 33) 1. CONVEYANCF_.5 RBOUIRED TO BE MADE TO THE TOWN Block 7 Walkway Fee simple Any portion of the Lands Storm drainage works Easement determined by the Town's Director of Public Works Any lands outside the Lands Storm drainage work~ Easement detenninod by the Town's DLrector of Public Worka 2. AMOUNT PAYABLE IN LIEU OF PARKLAND CONVEYANCE The amount payable in lieu of a paddand conveyance shall be $8,835.00. 3. STORM DRAINAGE WORKS EASEMENT SCHEDULE Where a conveyance of an easement is for storm drainage works purposes, the following Schedule shah be at~ached to the Transfer/Deed of Easement. (7) INTEREST/ESTATE TRANSFERRED Subject to the following terms ~! conditions, the free, uninterrupted and unobatmc~ed right and easement to lay, construct, operate, n~intaln, inspect, alter, repai~, replace, reconstruct and remove atonn drainage works together with appurten..a?es thereto (herein called the "works") in, over, along, across, upon and under the land descrihed in Box 5 (herein called: the "lands"), together with the right to the Transferee, its servants, agents and contractors with ah necesstry vehicles, supplies and equipment to enter onto the lands and as~ and repas~ over the lands for the pu_~ose of exercising or enjoying any of the rights granted The terms and conditions which the pgrties hereto covenant and agree to obeerve and be bound by are as follows: t. The Transferee shall, except in case of emergency, before co .m~encin$ any work authorized hereby, give to the Transferor fow/-eight hours prevtous 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 fiH in ah excavations, restore fences, and restore the surface of the ground by restoring ah topsoil and ...g~s cover diatud~d thereby, and do necessary grading to ensure soil ~d slope suthility, ~d remove all equipment. 3. "'u' T-' '~' . .... :~.,~,, shall not erect any ~,,,::a:-,. ~,, .-~.,c.~re (except a fence) on the lands, and shall not place or remove any fill on or from any pm of the lands without the previous written consent of the Transferee. 4. ~ right and easement granted herein shah be subject to ah leases, liconces, and any rights of use or occupation existing at the date hereof, and the Transferor may from time to time renew or extend these or make new ones, so long as they do not interfere um'easonably with the right end easement herein granted. -15- 5. The Transferor hereby releases the Transferee from any claim wh/ch may er/se out of the exercise by the Transferee of the right and easement grained he, by or which may arise, ont of the existence, operation or non-operation of the storm drainage works provided the Transferee has complied with aH of the terms and conditions hereto. 6. The Transferor shah execute such further assurances of the right and easement granted hereby as the Transferee may reasonably request in writing. 7. The I:mrden of this Transfer and of aH the terms and conditions contained herein shall nm with the lands. 8. Th/s Transfer and all of the terms and conditions contained herein shall enure to the benefit of and be binding upon the Transferor and the Transferee and their respective heh's, executors, administrators, successors and aasi~ms. LAND BENF. lvFI'I'ED (DOMINANT 9, The benefit of th/s Transfer and all of the terms and cotglitio~s comained herein shall nm with ah other lands and interests in 1 .a~ds owned, .o~-upied or used by the Transferee for the purpose of operating and maintaining storm drainage wodo. - 16- RF. QUIRF, D FORM OF PF. RFORMA~CE AND MAI1VI~ANCE S~CllRllT Le2t-t t~ OF CRI~IT (Section 21 ) To: The Corporation of the Town of Picketing Picketing Civic Centre One The Esplanade Picketing, Ontario LIV 6K7 We hereby authorize you to draw on iname of/nmk], [oddre~t of b~stcI, for account of [~me of available by ~ at sight ~or ].(~<~ of d~mand es follows: Pursuant to the request of out customers(s), the said [non~ of company or s~ns'/ty], we [n~n~ of/~m/q, l~ff~reaf of ban/q, hereby establish and give to you an irrevocable Letter of Credit in yout favour in the total amount of [tmuoam oftecs~rfty/~ ~ s~f/n .~rda] which may he drawn on by you at any time and from time to time upon written demand fo.r by you which demand we shall honour without enquiring whether you have a rt~ht as between yourself and our said customer(s or any of them) to make such demand, and without reCO~ni~i~t~ any claim of out said customer(s or any of them). Provided, however, that you are to deliver to [nam~ of hen/q, [m~r~ of btamt], at such time as a written demand for payment.is made upon us a certificate signed by you agreeing or confh'ming that monies drawn .p.u. rsu, ant to th~s Lener of Credit arepayabie to you or ate to be or have been ex~..~ed purs.u.a~.t to obhgattuns incurred or to be incurred by you with reference to yout f'de regarding a Sulxhvisiun Agreement dated/date of A~'eement], between [ntmte of signatories to d~'ezme~t, otl~r tkan Town anti Encambr~s)] and The Corporation of the Town of Picketing; this Letter of Credit is given as the Performance and Maintenance Security required by section 21 of that Agreement. Partial drawings are permitted. The amount of this Letter of Credit shall be reduced from time to time as advised by notice in writing given to us from time to time by you. This Letter of Credit will continue up to and including [dart ofZ~l~y ~fl, ttter of Credit] and will expire on that date and you may call for payment of the full amoun.t 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 ~hat it shall be deemed to be automatically extended for one year from the present .or. any future expiration date hereof, unless thi~y days ~.'or to any such date, we shall notify you.'.m writing by registered mail that we elect not to consider this Letter of Cl~dit renewed for any such addmonal 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 [d~te of e~piry oflx, tter of Credit]. The drafts drawn under this credit are to be endorsed hereon and shall state on their face that they ate drawn under [name of tnmkl, [addren of banlq. DATED this day of ,19 Instructions for completing Letter of Credit: I. Letter of Cred# must be typed on bank letterhead. 2. lr(orrnation required in square brackets must be provided where indicated, without brackets. 3. Phrases shown in round brackets must be included without brackets where there are two or more companies comprising the customer. 4. The date in the sixth paragraph must be at least one year from the date of the Letter of Credit. $. The date in the seventh paragraph must be the same as the date in the sixth paragraph. 6. Bank signatories must show name, printed or typed, atut title, in addition to signature. -17- D~'V~DP~ CHARC,~, ~//VEER/i~ AND/,g~AL (Section~ 31 ~nd 32) 1. DEVELOPMENT CHARGE5 PAYABLE (1) Until ~nd including October 7, 1992, the development charges payable under the Town's Development Charges By-law 3854/91 for dwelling units within this project a~: for each single or semi-detached dwelling $4,582 (2) From and after October 8, 1992, the development cha~ges payable fes dwelling units within this project will be as set out in subsection (1) as adjusted on October 8, 1992, and annually on every October 8 thereafter, in accordance with the Earring News Reco~ Cost Index (Toronto). (3) The development charges set out in subsection (1) have been derived as follows: administrative services - town offices $346 administrative services - capital growth studies 78 protection- r~re facilities 8:5 protection - fire vehicles and equipment 142 storm d~ainage, roads, sidewalks, storm sewers, lighting and other services 886 transportation - works yards, vehicles and equipment 189 transportation - transit 48 pn~ks - paddand acquisition 365 pa~ks - parkland devel.o, pment 757 major recreational facilities - major indoor recreational facilities 795 library - library facilities 211 library - library materials 130 electrical distribution services and facilities 550 total $4,582 2. ENGIlqEERINO DRAWING INSPECTION FEE PAYABLE The amount of the Engineering Drawing Inspection Fee payable for this project is $210.00. 3. SUBDMSION AGREEMENT PROCESSING FEE PAYABLE The amount of the Subdivision Agreement Processing Fee payable for this Agreement is $750.00 plus $52.50 GST. -18- $1~CI~C l'~OVlSlOl~S ~PE.C"I~G DE'WZ,OP,OI~¥r (Section 26) 1. EXPECTED NUMBER OF DWELLINGS (1) This Agreement has been entered into in the expectation that six single dwellings are to he constructed on the Lands - one each on Lots I to 6. (2) If more or tess than six dwellings ~'~ to be constracted in this project, the Town at its sole discretion may require the Ow.ncr to obtain new approvalsand anthorizatiom under this Agreement and may prohibtt any development until the new spprovals and authorizations are obtained. 2. NOISE A'FTENUATION MEASURES (1) In the development of this project, the Owner shaH '.m~! ..e~..t the noise attenuation measures recommended in the engineering t~ort dated April 30, 1991, l~-pnt~d by S. S. Wilson and Associates, Professional Engineers. (2) Upon the completion of the implementation of those measures, the Owner shah provide to the Town's Director of Planning a Certificate of Compliance from a Professional Engineer stating that those noise attenuation measure heve been implemented in accordance with that report. (3) Before this Agreement will be executed by the Town, the Owner shall provide to the Town an irrevocable letter of credit issued by a chartered bank in Canada in · form satisfactory to the Town in the nmount of $46,000.00, pursuant to which the Town may draw any amou~.t up to the f~ll amount thereof in the event that the Owner fails to provide the Certificate of Compliance required under subsection (2) within thr~e years of the registration of the plan. (4) The Owner shall keep the letter of credit in good ,~anding at all times and, should the · Town draw upon it at any tilde, the Owner shall forthwith increase the face value thereof by the amount of the draw. (5) Any draw upon the letter of credit made by the Town pursuant to subsection (3) shah be deemed to be a penalty for the breach by the Owner of its obligations hereunder and shall not absolve the Owner from complying with the provisions of this section. (6) Upon receipt of the Certificate of Compliance required under subsection (2), the Town shall return the le~er of credit to the Owner, but um~r no circumstances shall any amount drawn upon it by the Town be returned or refunded to the Owner or to any other person. (7) The Owner shah indemnify and save harmless the Town, (a) from any loss, inconvenience or damage which may result from the Owner failing to comply with any provision of this section; and (b) against any action or claim made against the Town by any person arising out of the implementition or non-implementntion of die noise attenu·tion measures ot out of the execution of this Agreement with this section in it. - 19- ~ P~ IdlntJ~ (I) TMI (a) R~rl~ (b) ~u~ f~: ~ I~ T~ (I) I~l) M T~IM~I) I ~y c~nt to mis ~ ~W M Data of (la) T~s) ~ ~ I(1~) T~fem~l) ~e transferor ~nfi~ that to the ~st of t~ translator's k~wl~ a~ ~1~. this tr~sfer d~ not continue ~ti~ 49 of me / I ~nni~ ~, I~. Date of S~m Da~ of S~natum I= 1 Trlffif~ T~ ~ of Pi~ (7) [NI u. RP~T/F~TATE TRANSFERRED Subject to the foUowing te~ns and conditions, the free, inintermpted and unobstructed right and easement to lay, constrect, operate, maintain, inspect, niter, 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"), 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 put. se 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 fotty-eight bouts previous written notice thereof, and in cases of emergency such previous notice thereof as is reasonably po~ible. 2. Upon completion of any work, the Transferee shaH ~l in nH excavations, restore fences, and restore the sudace of the ground by restoring all topsoil and grass cover ~ thereby, and do necessary grading to ensure soil and slope stability, and remove ,11 equilm~mt. 3. The Transferor shah not erect any building or struclure (except a fence) on the l~,~ds, an~ shall not place or remove any fill on or from any pan of the lands without the previous written consent of the Transferee. 4. The right and easemem granted herein shall be subject to aH leases, licences, and any rights of use or occupation existing at the date hereof, and the Transferor may from time to time renew or extend these or make new ones, so long as they do not interfere unreasonably with the right and easement herein granted. 5. The Transferor hereby releases the Transferee from any claim which may arise out of the exercise by the Transferee of the right and easement granted hereby or which may arise out of the existence, operation or non-operation of the storm drainage works provided the Transferee has complied with aH 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 ah the terms and conditions contained herein shah mn with the lands. 8. This Transfer and ah of the terms and conditions contained herein shall enure to the benefit of and be binding upon the Transferor and the Transferee and their respective heirs, executors, administrators, successors and assigns. LAND BENEFITTED (DOMINANT TENEMENT) 9. The benefit of this Transfer and all of the terms and conditions contained herein' shall run with aH other lands and interests in lands owned, occupied or used by the Transferee for the propose of operating and maintaining storm drainage works.