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HomeMy WebLinkAboutBy-law 3984/92 THE CORPORATION OF T_HE TOWN O_F_PICKE_P~I_NG BY-LAW NO. 3984/92 Being a by-law to authorize the execution of a Subdivision Agreement aud related documentation respecting the development of Lot 6, Plan 221, attd Blocks 126 attd 128, Platt 40M-1232, Pickering (Cougs Investments Ltd.; 18T-90031). WHEREAS the proposal to subdivide and register a plan of subdivision of Lot 6, Plan 221, and Blocks 126 and 128, Plan 40M-1232, Picketing, has been recormnended for approval by the Council of The Corporation of the Town of Picketing and approved by the Conunissioner of Planning of the Regional Municipality of Durhmn as Draft Plan 18T-90031, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreemeut with The Corporation of the Town of Picketing, pursuant to the provisions of the Planning Act, R.S.O. 1990, chapter P.13, section 51(6); and WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter M.45, section 191(1), the Council of The Corporation of the Town of Pickering may pass by-laws for acquiring any land or interest therein for the purposes of the corporation; NOW THEREFORE the Council of The Corporation of the Town of Pickering 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 Cougs Investments Ltd. and The Corporation of the Town of Picketing, ~especting the development of Lot 6, Plan 221, and Blocks 126 and 128, Plan 40M- 1232, Picketing (Draft Plan 18T-90031). 2. The Corporation of the Town of Picketing 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 conditinns anti 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 acquisition by The Corporation of the Town of Picketing of any interests in land in the nature of stom~ drainage works easements. BY-LAW read a first, second and third thne and finally passed this 4th day of May, 1992. ~qa6fn'e Arthurs, Ma3o'F-~ ~ /Bnfce Taylor, Clerk TOWN OF PICK ER1 N(', APPROVF. D LEGAL DEP'}'. j THIS SUBDIVISION AGREEMENT made May 4, 1992, pursuant to the provisions of sectiun ~1 of the P~an~in{ Act, R.S.O. 1990, chapter P.13, BETWEEN: COUGS INVESTMENTS LTD,, herein called the "Owner", OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERINO herein called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to subdivide Lot 6, Plan 221 and Blocks 126 and 128, Plan 40M-1232, in the Town of Picketing, in the Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-90031, and is required as a condition of approval thereof to enter into a subdivision agreement with the Town pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P.13; NOW THEREFORE, THIS AGREEMENT W1TNESSt~rtt THAT, in consideration of the Town consenting to the registration of the proposed plan of subdivision, and the covenants hereinnfter expressed, the Parties hereto covenant and agree one with the other as follows: PAI~ 1 - l~l'lT~Wl~G AHD APPLl~G ~ ACrP~F~F3~ The lands affected by this Agreement (the "Lands") are Lots I to 23, both inclusive, Plan 40M- , Pickering. 2. STATUS OF THIS AGREEMENT (1) In the event the plan 9f subdivision is not registered on or before Janual~y 3, 1993, this Agreement shall be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. (2) This Agreement is entered into and executed by the Owner for the pur]~ose of having the Town act in reliance on the covenants by the Owner contained hereto and the Owner hereby wa.ives any right or claim which it now has or may hereinafter acquire which is inconsistent with the terms of this Agreement. (1) Whenever in this Agreement the word "Owner" or the pronoun "it" is used, it shall 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, D and E attached hereto shah form part of this Agreement. (3) Time shall be of the essence of this Agreement. This Agreement shah be enforceable by and against the P~,xies hereto, their heirs, execntors, administrators, successors and assigns, and the Agreement and all the covenants by the Owner contained herein shah 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 the plan. NOTICE (1) Any notice required to be given hereunder may be given by personal delivery or registered mail, (a) in the case of the Owner, to Seremiah F. Coughlan Cougs Investments Ltd. 2'/Buggey Lane, R.R. #1, Picketing, Ontario LIV 2P8 (b) in the case of the Town, to The Town Clerk The Coq~oration of the Town of Picketing Picketing Civic Complex P~ckering, Ontario LIV 6K? (2) Each Party may redesignate the person or the address, or both, to whom or to which such notice may be given by giving written notice to the other. (3) Any notice given in accordance with this section shall be deemed to have been given on the second day following the day of delivery or the day of mailing, as the case may be. The Owner shah 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 shah complete in a good workmanlike manner for the Town, all the municipal services ns hereinafter set forth to the sutisfaction of the Town, and shall complete, perform ot make payment for such other matters as may be provided for herein. Every provision of this Agreement by which the Owner is obligated in any way shah be deemed to include the words "at the expense of the Owner and at no expense to the Town" unless the context reqni~s o~erwise. PART 2 - CON~'I'RUCTING THE TOWN'S SERVICE~ 9. CONSULTING ENGINEERS (1) The Owner shah retain a Professional Eagineer ns the Consulting Engineer of the Owner to carry 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 d~reto, shall continue to be retained until the work required to be done for the development and construction of the project is completed and formally accepted by the Town. (3) The Ovme~ may change ~om one Consulting Engineer m another at any time or times during the development and consuuction of the project, so long as the Owner has a Consulting Engineer retained at all times. 10. CONSTRUCTION / I~STALLATION 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 nmi approved by the Town's Director of Public Works in accordance with the Town's specificat~ous for such Works: (a) Town roads witl~n the plan, complete with all signs and other appurtenances; (b) Town roads adjacent to the plan and not separated from the plan by n 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 he extended into the plan; (d) street storm sewers on roads referred to in (a) and (b), complete with curbs, gutters, catchbasins and manholes; (e) storm water 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 witttin 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 mtn 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 he extended into the plan where the Owner is required to remove and replace a temporary turning circle; (h) s~eet tree planting on Town roads within the plan, on Town roads adjacent to the plan but not separated f~orn the plan by a reserve or reserves, and on Town roads to be extended into the plan where the Owner is requh..d to remove and replace a temporary turning circle; (i) walk'ways on walkway blocks and padc entrances, complete with walk~ay 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. (2) If at any time prior to the ac.ce.~t, ance of the Works, the Town's Director of Public Works is of the opinion that addttlonal works are necessary to provide adequately any of the public services required by the project, the Owner shah construct, install or · .... perform such additional works at the request of the ' (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 or, in the case of street lighting, Picketing Hydro's inspectors. -3- (4) The Owner shall pay to the Town the Town's costs of inspection, including but mx necessarily limited to, salaries and wages of inspectors, testing fees and administration fees, within 30 days of invoices being rendered. 11. GENERAL REGULATIONS RF-~PECTING SERVICING (1) The construction of Town roads shall include the construction of paved driveway approaches between the curb and sidewalk or, where no sidewnllr 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 existing services, includin$ adjustment of grades where necessary, in a good and workmanlike manner. (3) The Owner shall not dump nor permit to be dumpe.d any fill or debris on, nor remove or permit to be removed any ftll from, any public lands, other than in the actual construction of roads 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~antitslive tests nmde of any materials which have been or are proposed to be used m the com~'uctton or installation of any services required by this Agreement, and the cost of such tests shall he 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 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 Di~ctor of Public Works, as to intedere with the use of the driveway. (7) Unless otherwise provided herein, the Owner shall perform any work required to he done under this Agreement to the specifications of the Town in effect at the date hereof. ($) The Owner shall provide and erect tempor.a~.., sisns of such nature and at such locations as designated by the Town's Director of Public World. (9) The Owner shall comply with any specific provisions respecting the servicing of this project set out in Schedule D. 12. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the proje~, it shall he provided undergro .urn/. and in a.ccordance with the standards and specificalions of P~ckering Hydro-Electric Comrrassion, Trillium Cable T.V. Limited or Bell Canada, as the case may be. 13. TREE INVENTORY / TREE PRESERVATION PROGRAM (1) The Owner shall submit a Tre~ Inventory and Tree Preservation Program prepared by a a-~ealified expe.n, and indicating which existing trees in the project may be preserved to Town's Dtrector of Public Works for the review and approval of the Town's DLrector of Planning and Director of Community Services and F~cilities, and shall · '-: "~fiplement the Program as apprc;'ed only. (2) Until the Tree Preservation Program is approved the 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 he preserved by t..he approved Tree Preservation Program is removed or is, in the opinion of the Town's Dtrector of Community Services and Facilities, damaged to such an extem 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, diameter and species determined, by the Director; such replacement shall he 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 t~e is located comprise a residential buildin{ lot or block, twelve months after the completio~ of the sodding on the lo~ o~ 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 CON'I~OL PLAN / LOT DRAINAGE AND SODDING (1) The Owner shall submit to the Town, for the approval of the Town's Director of Public Wodts, a Grading Control PlanoPreparedfthe by the Owner's Consulting Engineer, estn. blishing the proposed grading 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 Oradin$ Control Plan shah he prepared in accordence with the Town's Lot Drainage Specifications and shall not provide for the drainage of surface nm-off water onto Town-owned parkland, open space or walk'ways .unl. ess provision is made for the installation by the Owner, at no cost to the Town, of statable swales and catch busms to manage adequately, in the opinion of the Town's Di~ctor of Conununity Services 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 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) grading has been done in accordance with the Grading Control Plan but drainage problems remain, or (c) sufficient topsoil has not been left in the appropriate areas, the Owner shaH 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 correct such problems, as directed by the Town's Director of Public Work~. (5) The Owner shah sod the front, side and rear yards of each of the residential lots and blocks in the project except for paved, planted or t~ed 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 Wodt of the Town's D~ctor of Public Works, which Authorization shaH not he issued until ah npprovals required 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 Treasurer and the Town Solicitor; (c) all approvals and permits have been obtained from the Ministry of the Environment, the ~:i'~; .... cf Y*..!ural Resources and the Metro?n~itan Toronto and Region C~'?-97 Authot{ty; and (d) three, executed copies, in a form suitable for rel~istrat, ion, of any Transfers/Deeds required by section 33 respecting the conveyances Identified in Schedule A have been provided to the Town in registrable form to the satisfaction of the Towd Solicitor. -5- 16. USE OF WORI~ pENDING COMPLETION / EMERGENCY REPAIRS (1) Any of the Works may bo used by the Town, or by such o~er person or agency as may be authorized by the Town's Director of Public Works, fur the purposes for which the Works are designed, and such use shall not be deemed an acceptance of any of the Worksby 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 assum~0tion by the Town of any liability in connecuon therewith, nor a release of the Owner trom 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 shaH, (a) maintain aH Town roads within the project in a mud and dust free condition and free of obstructions, regardless of the source ur cause of any mud, dust or Co) maintain aH Town roads outside the project, including boulevards, in a mud and dust free condition and free of obstructions, where the source or canse of the mud, dust or obstruction is an 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 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. 18. COMPLETION DATES - TOWN WORKS AND SERVICES (1) The Owner shah 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 Authurization to Commence Woffi; (e) storm water drainage and management system - one yea~ 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 -~ -? .~--.~.=~-..=-~ - six months after occupancy of f'trst dwelling to be occupied adjacent to segment as identified by the Town's Director of Pubhc Works, but no later than two years from date of Authorization to Commence Work; (ii) boulevards and sidewalk* on Townfroads to he extended into the plan where the Owner is required to remove and replace a temporary mining circle - two years from date of Authorization to Commence Work; -6- (g) street lighting - one year 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; (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; ~ (i)C other fencing adjacent m roads adjacent to the plan and separated from the plan by a reserve or reserves - six months ~fier .oc..cupancy of first dwelling to he 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; nmi (ii) noise attenuation fencing - prior to the occupancy of any dwelling adjacent thereto, following the completion of all of which, and the approval thereof by the Town, the Town shall issue to the Owner a Completion Acceptance Certificate. Despite the provisions of subsectinns (IXf)(i) and (1)(jXi)C, where the occupancy of the tn'st dwelling unit occurs in November or December of any year, the time limit for construction of the adjacent boulevard, sidewalk or fencing segment shah be extended to gune 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 be completed within the specified time, or is improperly performing the Works, or has neglected or abandoned them before completion, or has unreasonably delayed them so that the terms and conditions of this Agreement are being violated or executed carelessly or in bad faith, or has neglected or refused to renew or again perform Work~ 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 Ag~ement, then the Director may notify the Owner and his surety in writing of the defanh or neglect and if the notification be without effect for seven days, then the Director shall have full authority to make any payment or do any thing, including but not limited to obtaining materials, tools and machinery and employing persons requi~d for the proper completion of the Works or rectification of the default, at the cost and expense of the Owner or his surety, or bo~. (2) In cases of emergency, in the opinion of the D/rector of Public Works, such Director may act without prior notice but the Owner and its surety shah be notified forthwith. (3) The cost of rectifying the default shah be calculated by the Director of Public Works, whose decision shall be f'ma~, and may be charged to the Owner, together with a 25 per cent engineering and administration fee, by drawing upon ~he letter of c~edit filed with the Town under section 21. 20. GUARANTEE OF WORKS. WORKMANSHIP AND MATERIAL~ (1) The Owner shall g~,, · ~ "~=.'~','~,~.~. workmanship and materials employed or used in the construction, installation or completion of Works. services and other requirements under this Agreement for a minimum period of two years (the "maintenance pealed") following the issuance of the Completion Acceptance Cettificate by the Town. (2) 13~spite any other provisions of this Agreement, the responsibilities of the Owner during the maintenance period shah 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 Ownar's Comuhin~ Engineer shall submit to the Town, (a) "as built" construction drawings for the Works complete aa per Town standards, together with that Consulting Engineer's certificate that those drawings accurately depict the Works aa consizucted; and (b) a siatement by an Ontario Land Surveyor that all standard iron bars as shown on the registered plan, and survey monuments at all block comers, at the ends of all curves (other than comer 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 Wodcs are acceptable; and (b) the Owner has performed all of its obligations under the terms of this Ag~ement 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 the Town, the Town will advise the Owner of the deficiencies, the exp~.,ted .rectificatiom, and the time limited for implementing the rectifications (the "recrificatlon period") and the maintenance period shall be extended to the end of the rectific~ion 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 all of its obligutions under the terms of ~ Agreement to the satisfaction of the Town, the Town will issue to the Owner a Final Acceptance Cer~ificme a~ which time the Town wi~ assume ownership of the Works snd the operation and maintenance thereof, a~d the maintenance period w/il then end. (7) If upon the re-inspection conducted at ~he end of the rectification period, (a) the Works sre still not acceptable, or (b) the Owner has not p?formod all of it~ obligations under the terms of this Agreement to the satisfaction of the Town, the Town's Director of Public Works shall detem~ine, in his sole discretion, whether a further rectification period will be granted, and, if so, upon what terms and conditions, or whether the Town shall proceed under the provisions of section 19, or both. 21. PERFORMANCE AND MAINTENANCE SECURITY (1) Before this Agreement will be executed by the Town, the Owner shah file with the Town an irrevocable letter of credit, issued by a chartered bank in Canada in the form ;-....~:~ .- ~'~t out in Schedule B and in an. :=' .... ~ ~'=~..'~.=d-by the Director of Public Works (the "original value"), aa a performance and maintenance security for the purpose of, (a) guaranteeing the satisfactory construction, installation or performance of the Works; (b) guaranteeing the payment of any amounts payable to the Town under this Agreement; -8- lc) $nl~mteeing ihe payment of any amount that the Town may be requixed to p~ under the provisions of the Co~rr~on Lien Act, or any successor the~o, and (d) guaran~eing all Works, workmanship and materials during the maintenance Cl~eri..o~. and any rectification period or periods and until a Final Acceptance ertificate 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 shah be made to the Town Treasu~r. (3) Upon written verification from the Di~ctor of Public Works thai 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 perfomumce has been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against eny holdback requi~d to he retained by the Town have expked or have been satisfied, discharged or provided for by payment into court; (c) 17 per cent of the original value where, (i) a certificate of f'mal completion has been made by the Owner's Consulting Engineer; (ii) 45 days following the mnklng of such certificate have expired; (iii) aH liens that may he claimed against any holdback required to he retained by the Town have expired or have been satisfied, discharged or provided for by paymem into court; and (iv) a Completion Acceptance Certificate has been issued by the Town's Dh~ctor of Public Works, which 17 per cent portion shall secure the guarantee of Works, workmanship and materials, until a Final Acceptance Cenificale has been issued by the Town's Director of Public Wodcs, when the balance of ~e security shaH be returned to the Owner subject to any deductions for rectification of deficiencies. (4) Upo.n the .approval, if any, of a reduction in the amount of the security required to he provided m subsection (1), the Town Manager ot the Town Treasurer shaH provide to the Owner any necessary assurance to effect the reduction. 22. OWNER'S GENERAL iNDEMNITY Until the Town's Di~ctor of Public Works has issued the Final Acceptance Certificate for the Works, the Owner shah indemnify the Town against all actions, causes of actions, suits, claims and demands whatsoever, which may arise either direct~.y or indi?ctly by reason of the Owner .' ,~ ;;~'~g the project or servicing the Lands-as rc~'. ' :-' _~ '~.~enient. 23. LIABILITY INSURANCE POLICY / PROVISION FOR DEDUCTIBL~ (1) Before this Agreement will he executed by the Town, the Owrte£ shall file with the Town a Certificate of Insurance verifying that a Liability Insurance Policy is in effect, setting out the essential terms and conditions of the insurance, and naming the Town as additional named insured, all of which shah be subject to the appxoval of the Town Solicitor. -9- (2) The policy shell comply with the following proviziom: (a) ~ ~ l~t ~r ~n~ s~ ~ $5,~,~ ~ ~lusive for p~ ~e ~ ~o~ liquify; (b) it s~ no~ con~ a clau~ for exclusion for bl~g; ~ (c) it may not ~ c~ll~ u~ess prior nofi~ by ~giste~ ~ener h~ ~n given to ~ To~ by ~e ~su~r ~ days ~ ~v~e of ~ e~ ~. (3) ~ ~H~ p~um m~t ~ p~d ~ti~y for a ~fi~ of ~ ye~ ~ t~ ~li~ shah ~ renewed for ~r om ye~ ~ ~t~ ~ F~ Ac~pt~ Ce~cme h~ ~n ~sued by ~ To~'s D~ector of ~b~c Wo~. (4) If ~ ~licy corette ~ sub~ to a ~u~ble ~o~, ~ ~ sh~ ~e wi~ ~e To~, w~ fd~g &e Ce~cate of ~, a ceffifi~ c~ue or leuer of ~t wi& ~ To~ ~ ~ ~ductible ~o~, ~ a d~sit, toge~r wi~ a le~er ~m ~ ~ an~g t~ .~ to a~t ~ ~em ~jnster ~ to ~ve~iga~e cl~ less · ~ ~ ~duct~ble ~o~t ~d s~o~ ~ Town m pay such cl~ ~d v~id by &e ~er out of ~ ~s~t; ~ ~r s~ ~ ~mi~e for ~ ~j~ ~i~ costs ~d shah m~t~ ~ d~sii ~ghou~ ~ t~ of ~ ~nt ~ ~ ~ of &e d~u~ble. (5) ~ ~v~inn of ~ ~urmce ~[i~ ~ ~ ~ ~on s~ ~ ~He~ ~ ~mr ~m liab~ for cl~s n~ covered by &e ~Hcy or w~ch ~c~d i~ ~, ~ ~y, for w~ch t~ ~r may ~ held r~mible. PAR~ 3 ~ DEV~ZOPIPIG THE PROJECT 24. CONSTRUCTION AND OCCUPANCY OF BUILDINGS (1) No building permit shall he issued for any building or pen of a building on the Lands (a) all buildings and structures on the Lands prior to draf~ 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 ~e mad immediately in front of the building or pan thereof and extended to an existing maintained road; and (d) ~e Owner has paid t.o. the Town the applicable development charge for each dwelling in that building or pan thereof in accordance with By-law 3854/91, enacted pursuant to the Development Charges Act. (2) No building or pan of a building on ~ Lands shall he occupied excepi upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or pan of a building shah be made except upon the following conditions: (a) storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or pan thereof; (b) elecu-ic service is completed and in operation; and · ' .;~:h curbs, a~ .in ~h¢ opinion of the Town's-~'. ..' F~,il,; Works, are required to he completed prior to occupancy have been constructed on the road immediately in front of the building or pan thereof 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- DI~SION P~(] - RF_3H){~'q'rI~J~ uN'rTS AND NOI~{~ ATFI~VUATION STRUC'H_IRE.~ (1) Prior to the issuance of any building permit for the construction of any residential unit on the Land~ 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 report may be required, at the Director's option, to provide the following information: (a) house massing; (b) streetscape; (c) exterior materials and colours; (d) architectural style; (e) visual variety; (f) 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 a residential unit to be erected on the Lands, the Owner shall submit to the Town's Director of Planning, for approval, site plans and architectural drawings for that unit. (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; the location of landscaping features, including trees to be preserved; (c) streetscape for front and rear elevation at a scale acceptable to the Director;, (d) stxeetscape to show all street furniture and vesetation; (e) the relationship of buildings by blocks; and (f) any other data or information reasonably required. 26. SPECIFIC PROVISIONS RE.SPECrlI~G DEVELOPMENT The Owner shah comply with any specific provisions respecting the development of this project set out in Schedule D. PA~ 4 - FINANCIAL MAt-t ~,~ 27. EXPIRY OF SECUIUTIES (1) Should any letter of credit security requked to be 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 shah 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. 28. PAYMENT OF LIENS AND OTHER CLAIIdS (1) The Owner shall discharge or vacate any liens or claims filed with the Town or regist¢-- ': ~. :.'.~ ~.,y Town-o;'mcd lands within thin'y days of b:" .... '~"-:~.-.d to do so by the Town. (2) At the end of the maintenance period, as extended during any rectification period, the Owner shall trfle 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; -Il- (b) aH accounts for work or service performed 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 Cotutrucn'on £ien Act against the Town or any Town-owned land; (c) there ~ no judgments or executions t'fled against ~ 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 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 the completion of the construction, installation, and last rectification of the Works and services. 29. PAYMENT OF INTEREST ON OVERDUE AMOUHTS PAYABLE The Owner shah pay interest at the rate of 18 per cent per year to the Town on aH sums of money payable hereunder which are not paid on the due dates calculated from such due dates. 30. PAYMENT OF REALTY AND BUSINESS TAXES / LOCAL IMPROVEMEHT CHARGES (1) The Owner shaH pay in full as they come due aH realty and business taxes assessed against the Lands or the Owner as required by law from time to time. (2) Before this Agreement will be executed by the Town, the Owner shah commute and pay to the Town or to the Regional Municipality of Durham all 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 Development Charges Act and . the Town's Development Charges By-law 3854/91, development charges for each dwelling unit within the project respecting the following services: (a) administrative services - town offices; (b) administrative services - capital growth studies; (c) protection - f'ue facilities; (d) protection - fire vehicles and equipment; (e) storm drainage, roads, sidewalks, storm sewers, lighting and other se~ices; (f) transportation - works yards, vehicles and equipment; (g) transportation - transit; (h) parks - parkland acquisition; (i) pnrlrn - parkland develo[p.ment; . . (j) ~ajor recreational facilities - major indoor recreational facilities; (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 t.o. 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 '- . '~ ? ~ _...land not in '.~L p.un, the amount of the dex: -- charge payable for that dwelling shaH be the amoum calculated in accordance wgth the provisions of the subdivision agreement for the most recentty registered of the plan or plans within which the parcel is located. 32. PAYMENT OF ENGINEF. RI~G. LEGAL AND REGISTRATION FEES (1) Before this Agreement will he 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 Agreement will be executed by the Town, the Owner shall pay by cenified 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 ~ Town's Legal (3) The .O~mer shaHpay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision, this Agreement, or any other documentation, including transfers, in the Land Registry Office within 30 days of invoices being rendered. PdJ~T $ - TP. ANSFEJ~ dND 33. TItANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF (1) Upon executing this Agreement, the Owner shall convey or c~use to be conveyed to the Town, free and clear of all encumbrances and at no cost to the Town, ali of the lands or interests in lands identified in Schedule A for the proposes set out therein. (2) The Owner hereby warrants that, upon suc.h conveyance, neither the title to the lands conveyed nor their physical state ami condition shali prevont the Town from lawfully or mPhysically using the lands for the purposes for which they are: being conveyed as set out Schedule A. (3) Where none of the lands identified in Schedule A are to he conveyed for lm'kland purposes,, the Owner shall pay to the Town, before this Agreement will he executed by Town, an amount calculated in accordance with the provisions of Schedule A in lieu of a paddand conveyance. (4) Any Transfer/Deed given pursuant to this Agreement shall he in a funn 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. ($) 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 description of the land according to the plan which is to be registered pursuant to this Agreement. 34. I~RL~,~SE OF THE PLAN FOR REGISTRATION Before the Town will advise the Regional Mu. nicipaHty of Durham that the conditions of Draft Approval affecting the Town have been sat,,fied, the Owner shall deliver to the Town the following: (a) four red-lined copies of this Agreement executed by the Owner and aL1 Encumbrancers; (b) aH monies, securities and insurance required by this Agreement; (c) three executed copies, in a form suitable for registration, of each Transfer/Dced required by section 33 respecting the conveyances identified in Schedule A, and. one draft copy of any required reference plan. 35. REGISTRATION OF AGREEMENT (1) This Agreement shall he registered by the Town in the Land Registry Office for the Land Titles Division of Durham (No. 40). (2) The Owner shah give to eveC- ~-,-,.:.-' '.~ c.f :~,,: Lands or any part of the Lands actual notice of the existence and the terms of this Asreement and shah include an acknowledgement in any offer to purchase or other similar document dealing with the Lands, or any part of them. (3) The Owner shall 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 shaH execute such further assurances of the rights hereby granted as may be deemed necessary by the Town. -13- IN WTI'NESS W~IEREOF ~he Panics herelo have hcmumo ~'t"L~ed their respective Co~orate Seals attested to by the han~ of their authorized office~. SIGNED, SEALED AND DKL/VERED COUGS INVESTMENTS LTD. Jeremiah F. Coughlan, President THE CORPORATION OF THE TOWN OF PICKERING Wayne A_rthurs, Mayor Bruce Taylor, Clerk - [4- TR~ER~ OF ~ OR ~ ~1L~ID$ OR PArMEN'~ ~I ~ ~'tlEREOF (Section 33) 1. CONVEYANCF.,S REOUIRED TO BE MADE TO THE TOWN Lm 2l - 1,5 metre wide strip Storm drainage works Easement along south boundary Lot 22 - 1.$ metre wide strip Storm drainage works Easement along north boundary Any other portion of the Lands Storm drainage works Easement detemtined by the Town's Director of Public Works Any lands outside the Lands Storm drainage woOs Easement determined by the Town's Di~ctor of Public WoOs 2. CALCULATION OF AMOUNT PAYABLE IN LIEU OF PARKLAND CONVEYANCE (1) The Owner shah obtain a written appraisal, prepased by a professional land value nppraiser acceptable to the Town, of the value o fall the land in the plan as of November 6, 1991. (2) The amount payable in lieu of a pafldand conveyance shah be a sum equal to five per cent of that value. 3. STORM DRAINAGE WORKS EASEMENT REFERENCE PLANS (1) Before the Town will advise the Regional Municipality of Durham that the conditions of Draft Approval affecting the Town have been satisfied, the Owner shah ob~a/n and deliver to the Town one draft copy of each proposed reference plan required to effect the conveyance of the specific easements referred to in section I of this Schedule. (2) U[~.n the completion of the construction and installation of the storm drainage woOs within each easement shown on any proposed reference plan, the Owner's Consulting Engineer shah advise the Town's D/rector of Public WoOs of the actual location of the woOs in relation to the proposed easement or easements, and if the Director is satisfied with the actuai location of the woOs, the Owner shah 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 WoOs is not satisfied with the actual location of the works in relalion to the proposed easemeni or easements, the Owner shah oblain and deliver to the Town one draft copy of a re. vised pwposed reference plan, and the provisions of subsection (2) and of this subsecuon will continue to v~ply. (4) Where the Town's Director of Public WoOs determines that the Town requires easements not specifically refened to in section I of ~ Schedule, the owner shall c~ obtain and deliver to the Town one draft copy of each l.. =/.~_,.._~ ,=/'c~en~e plan required to effect the conveyance of the such easements within 30 days, and the provisions of subsections (2) and (3) will apply. 4. STORM DRAINAGE WORKS EASEMENT SCHEDULE Where a conveyance of an easement is for storm drainage works purposes, the following Schedule shall be at~ached to the Transfer/Deed of Easement: - 15- (7) INTEREST/ESTATE TRAIqSFERRED Subject to the following terms and conditions, the free, uninterrupted and unob~m~cted righ~ ~d easement to lay,constr~ct, operate, maintain, inspect, niter, r~pai~, replace, rec ,,o~struct, ~ remove storm drainage work~ together with appurtonances thereto (herein called the works ') in, over, dong, across, upon and under theland described in Box 5 (herein called the "lands"), together with the right to the Transferee, its servants, agents and contractors with aH 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 shah fiH in all excavations, restore fences, and restore the surface of the ground by restoring all topsoil and grass cover distud~ed thereby, and do necessary grading to emure 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 shah not place or remove any fiH on or from any part of the lands without the previous written consent of the Transferee. 4. The right and easement granted herein shaH 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 all the terms and conditions contained herein shall run with the lands. This Transfer and all of the terms and conditions contained herein shall enure to the benefit of and be binding upon the Transferor and the Transferee and their respective heirs, executors, administrators, successors and assigns. LAND BENEFITFED (DOMINANT 9. The benefit of this 'l~ransfer and all of the terms and conditions contained herein shall mn with aH other lands and interests in lands owned, occupied or used by the Transferee for the purpose of operating and maintaining storm drainage works. -16- ~F_4~UIWED FOR~ FOR PEIIFORMAHCE AIVD (Section 21) To: The Corporation of the Town of Picketing Picketing Civic Centre Pickering, Ontario LIV 6K7 We hereby authorize you to draw on [~ aye bani], [addre.~ o~ bani], for account of company or cmnpard~s ol~lning ~car~] up to an aggregate amount of [anso~ o~ecsvjty/n flgar~ a~f lmye~/f] available by drafts at sight for 100% of demand as follows: Pursuant to the request of our customers(s), the said [nan~ oje comlmny or com~m~ ~x'ssr~], we [nas~ ojeba~, [addrm o~ban~], hereby establish and give to you an in, vocable Letter of Credit in your favour in the total amount of lamosm~ o~c~/O/n ~mmber~ and ~n m~rd.~] which may he drawn un by you at any time and from time to time upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have a right as between yourself and om' said custumer(s or any of them) to make such demand, and without recognizing any clahn of our said customer(s or any of them). Provided, however, that you are to deliver to In, ne ~' ~tt], [~dre~ ~' ~ms~], at such time as a written demand for payment .is made upon u,s. a certificate signed by you agreeing or conf'mning that monies drawn pursuant t.o this Letter of Credit are payable to y, ou or are to be or have been expended pura.u, an.t to obligations recurred or to he incurred by you with reference to your file regarding a Subdivision A~reement dated Ide~ of A~'eemenf], between tf~a~ ~ ~for/~ fo A~'e~m,n~, ~ T'm~n ~md ~~%,r(~)] and The Coq~oration of the Town of Picketing; this Letter of Credit is given n~ 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 C~lit will continue up to and including Idle ~exl~7 o~/.~,~r ~'¢red#] 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, autom.atically extended for one year from the present or any future expiration date hereof, unless thirty days ]~or to any such date. we shell notify you in writing by registered mail that we elect not to consider tt~ Letter of Credit renewed for any such additional period. We hereby covenant with drawers, endorse~s, and bona fide holders of drafts drawn'uncles and in accordance with the terms of this credit that such drafts will be duly honoured if drawn and negotiated on or before The drafts drawn under this credit are to be endorsed hereon and shall state on their face that they are drawn un, er DATED this day of ,19 lnstruction~ for completing Letter of Credit: 1. Letter of Credit muzt be typed on bank letterhead. 2. Information required in square brackets muzl be provided where indicated, without brackets. $. Phrases shown in round brackets mu~t be ira:laded without brackets where there are ~wo or more companies comprising the customer. 4. The date in the $ixth paragraph must be at least one year from the date of the Letter of Credit. 5. The date in the seventh paragraph must be the same as the date in the sixth paragraph. 6. Bank signatories must show name, printed or typed, and title, in addition to signature. - 17- (Sections 31 and 32) 1. DEVELOPMENT CHARGES PAYABLE (1) Until and including October 7, 1992, the development charge payable under the Town's Development Charges By-law 3854/91 for each single dwelling within this project is $4,582. (2) From and after October 8, 1992, the development charges payable for dwelling units within this project will be as set out in sub~ection (1) as ndj.usted on October $, 1992, and annually on every October 8 thereafter until they are paid, in accordance with the Engineering News Record Cost Index (Toronto). (3) The development charges set out in sub~ection (1) have been derived as follows: administrative services - town offices $346 administrative services - capital growth studies 78 protection - fire facilities 85 protection - f'ue vehicles and equipmem 142 storm drainage, roads, sidewalks, storm sewers, lighting and other services 886 transportation - wodcs yards, vehicles and equipment 189 transportation - transit 48 patios - parkland acquisition 365 parle,, parkland development 757 major recreational facilities - major indoor recreational facilities 795 libra~ - library facilities 211 library - libra~ materials 130 electrical distribution services and facilities 550 total $4352 2. ENGIIqEERINO DRAW'lNG INSPECTION FEE PAYABLE The amount oftbe Engineering Drawing Inspection Fee payable for this project is $805. 3. SUBDMSION AGREEMENT PROCESSING FEE PAYABLE The amount of the Subdivision Agreement Processing Fee payable for this Agreement is $1,750 plus $122.50 GST. - 18- .~I'ECIFIC PROVIMOI~ RE~P~ (Section 1. ~IDEWALK CONSTRUCTION The Owner shah construct a sidewalk on Ambetwood Crescent adjacent to Lots 11 to 18. 2. SPECIAL SODDING ON AMBERWOOD CRESCENT The Owner shall sod aH portions of Amberwood Crescent that ate not ha~d-surfaced. 3. MINIMUM STREET TREE All street trees planted on Amberwood Crescent in the plan shah have a minimum caliper of 110 miHimetres at 1.2 metres above grade when properly planted. 4. DRIVEWAY RESURFACINO IN CONJUNCTION WITH TURNING CIRCLE REMOVAL Where an existing drivew&y in Plan 40M-1232, Picketing, joins a section of Amherwood Crescent in that Plan where the Owner is required to remove a temporary turning circle, the Owner shaH resurface the entire driveway when removing that circle. 5. STREET LIGHTING SPECIFICATION~ S~et ligh! poles, fixtures and appurtenances thereto installed in this project shall match those existing on Amberwood Crescent in Plan 40M-12.32. Upon the completion of grading, the Owner shall construct a pressure-treated wood fence, (a) composed of 1.5 metre high board-on-board and 0.3 metre high trim along the rear lot lines of l.~s 19 to 23, both inclusive, and (b) comlx~ of fencing to match existing fencing along the north lot lines of Lots 1, 10, 11,[Sand 19. SPECIFIC PROVIMONS RESPECTIffG DEV~LOPMI~IT (Section 26) 7. EXPECTED NUMBER OF DWELLINGS (1) This Agreement has been entered into in the expectation that 23 single dwellings are to be consUucted on the Lands - one each on Lots t to 23. (2) If more or less than 23 single 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 ,=.,/,,,-=~ prohibit any development until the new approvals and authorizations are obtained. 8. AMBERWOOD CRESCENT AESTHETIC DESIGN The Owner shah include proposed aesthetic details and design for the south boundary of Amberwood Crescent in the report outlining siting and architectural design objectives for the project to be submitted to the Town's Director of Planning for approval and shaH implement such details and designs as approved by the Director. - 19- 9. BUILDING I~tTERIAL ~ QUALITY The Owner shah construct all dwellings in the project of brick veneer and of equal quality, workmanship and compatibility with dwellings in the existing community. 10. NOISE ATI'ENUATION MEASURES (1) In the development of this project, the Owner shall implement the noise attenuation measures recommended in the engineering report dated , 199, prepared by , Professional Engineers. (2) Upon the completion of the implementation of those measure.s, the Owner shall pro. vide to the Town's Director of Planning a Certificate of Contphance from. a Professional Engineer stating that those noise attenuation measures have been unplentented in accordance with that report. (3) Before this Agreement will be executed by the Town, the Owner shah provide to the Town an irrevoczble letter of credit issued by a chartered bank in Cannd~ in a form satisfactory to the Town in the amount of $ , pu~uant to which the Town may draw any amount up to the full amount thereof in the event that the Owner fni!_~ to provide the Certificate of Compliance required trader subsec~inn (2) within three years of the registration of the plan. (4) The Owner shah keep the letter of credit in good standing at all times and, should the Town draw'upon it at any time, the Owner shah 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 robe a penalty for the breach by the Owner of its obligations hereunder and shah 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 letter of credit to the Owner, but under no circumstances shaH any amount drawn upon it by the Town he returned or refunded to the Owner or to any other person. (7) The Owner shah indemnify and save harmless the Town, (a) front any loss, inconvenience or damage which ntay result front 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 implementation or non-implementation of the noise attenuation measttres or out of the execution of this Asreement with this section in it. - 20. SPECIAL PROVISlOI~ REQUIRED BY' THE RECrlONAL MUNICIPAI2'~ OF D~JRltAM The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of Draft Approval, dated November 7, 1991, of Draft Plan 18'1'-90031 by the Commissioner of Planning of the Regional Municipality of Durham (the "Approval"). 1. CANADIAN NATIONAL RAILWAY - "C.N.R." C.N.R. requires that th~ Owner agrees to insert the foHowin$ clause into the agreement of purchase and sale for each lot: "That despite the noise control features and vibration control features that may be within the development and/or within the individual dwelling units, noise and vibration levels may continue to be of concem and occasionally interfere with some activities of the dwelling occupants." 2. I~fllClSTRY OF THE ENVIRONMENT - '~M.O.E." M.O.E. requires that the Owner implement those noise control measures recommended in the Noise Report required in Condition 9 of the Approval. - 21 - )($) ' , , Spouee(s) of Trlnefero~s) I hare~y consent to this tran~ti~ Date of Signature (101 T~) A~ )(111T~I) Dete of Bi~ (12) TrlndMs) Adclrese k~S~ce Picketing Civic Centre, C~e The Espl~, Pickering, O~,'~o Llv 6K7 ) (131 Trllefero~a) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of ~e Planning Act, 1g~3. Oefe of Signature Date of Signature Signature ................................................................................., , I ~o~icllM IM Traneferof(i) I have explained the effect of section 4g of th4 Planning Act. 1983 to the trlMfe~or Irld I have mede incluirise of the trenefero¢ ~ ~ to betannino that thla trensfe~ (~:3es not contravene that section and _~__ _--.'J on the in~orn'mtion .u .1~. lad by the mmefemr, to the bmr Of my knowledge zl and b~laf, this transfer doee not contravene that section. I am an Ontario ~o~icltor ~n goad standing. Data of Signature _OINameand ! Y ~ M i O I~ ~-I ~ no contre,,tt~tlon u set out in subclauee 49 (21 a) (c) (ii) of the Pllnning Act, lg~3 and ~ to the ~ of my knowledge and beliof t~ia ~1;'~ ~1~ trln~ doe~ no~ contravene section 49 of the Planning Act lg83. I act indeben~tty of the ~o~icito~' to~' the transfMo¢(s) and I am an Ontl~o F I~11 ~o~icitor in go~ atanding. eJ =l.N.,nd. Data of Sigr',lture ~s 6EI AOoreM O~ Y , M D (la) AlleeamenfRMINumb~ iCty. Mun.i Map j S~b. Pit. [ I ! ~ , , Registration Fee ~(le) Mu.~c~l Addrm of ~ 171 ~-umem P~md t~. C.M. Timothy Sheffield ,Land Transfer Tax ~ Solicib:~ ~ of Picketing One ~ Esplar~,-~e Pickering, O~'a~'io ' (7) IN[~REST/F_~TATE TRANSFERRED Subject to the following tern and conditions, the free, ininterrupted and unobstructed right and easement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct and remove storm drainage works together with appurtenances thereto (herein called the "works") in, over, along, across, upon and under the land described in Box 5 (herein called the "lands"), together with the right to the Transferee, its servants, agents and contractors with all necessary vehicles, su~.lies and equ. ipment to enter onto the lands and pass and repass over the lands for the purpose of exercrsmg 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, ~nd do necessary grading to ensure soil and slope stability, and remove all equipment. 3. The Transferor shall not erect any building or structure (excep~ 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 cogent of the Transferee. 4. The right and easement granted herein shall he subject to all leases, licences, and any fights 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 aLI 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 ail the terms and conditions contained herein shall mn with the lands. 8. This Transfer and all of the terms and conditions contained herein shall enure to the benefit of and be binding upon the Transferor and the Transferee and thei~ 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 mn with all other lands and interests in lands owned, occupied or used by the Transferee for the purpose of operating and maintaining storm drainage works.