HomeMy WebLinkAboutJanuary 4, 2021 - Special Meeting of CouncilSpecial Council Meeting Agenda
January 4, 2021
Electronic Meeting
Immediately Following the Executive
Committee Meeting
For information related to accessibility requirements please contact:
Committee Coordinator
905.420.4611
clerks@pickering.ca
Due to COVID-19 and the Premier’s Emergency Orders to limit gatherings and maintain
physical distancing, the City of Pickering continues to hold electronic Council and
Committee Meetings.
Members of the public may observe the meeting proceedings by viewing the livestream.
A recording of the meeting will also be available on the City’s website following the
meeting.
An In Camera meeting of Council has been scheduled in accordance with the provisions of
Section 239 (2) of the Municipal Act and Procedural By-law 7665/18, in that the matters to be
discussed relate to:
e)litigation or potential litigation, including matters before administrative tribunals, affecting
the municipality or local board (Item 3.2);
f)advice that is subject to solicitor-client privilege, including communications necessary for
that purpose (Item 3.2); and,
i)a trade secret or scientific, technical, commercial, financial or labour relations
information, supplied in confidence to the municipality or local board, which, if disclosed,
could reasonably be expected to prejudice significantly the competitive position or
interfere significantly with the contractual or other negotiations of a person, group of
persons, or organization (Item 3.1).
Page
1.Roll Call
2.Disclosure of Interest
3.In Camera Matters
3.1 (Acting) Director, Community Services, Confidential Report CS 03-21
Commercial Information Supplied in Confidence to the City
3.2 Director, City Development & CBO, Confidential Report PLN 03-21
Advice and Direction regarding LPAT Matters
4.Delegations
Due to COVID-19 and the Premier’s Emergency Orders to limit gatherings and maintain
physical distancing, members of the public may provide a verbal delegation to Members
Special Council Meeting Agenda
January 4, 2021
Electronic Meeting
Immediately Following the Executive
Committee Meeting
For information related to accessibility requirements please contact:
Committee Coordinator
905.420.4611
clerks@pickering.ca
of Council via electronic participation. To register as a delegate for any items listed under
Section 5 of the agenda, visit www.pickering.ca/delegation, and complete the on-line
delegation form or email clerks@pickering.ca. Delegation requests must be received by
noon on the last business day before the scheduled meeting.
The list of delegates who have registered to speak will be called upon one by one by the
Chair and invited to join the meeting via audio connection. A maximum of 10 minutes
shall be allotted for each delegation. Please ensure you provide the phone number that
you wish to be contacted on.
Please be advised that your name and address will appear in the public record and will
be posted on the City’s website as part of the meeting minutes.
5.Matters for Consideration
5.1 Director, Corporate Services & City Solicitor, Report LEG 03-21 1
Servicing Agreement between The Regional Municipality of Durham and
The Corporation of the City of Pickering
-Seaton Employment Lands
Recommendation:
1.That the attached Servicing Agreement between The Regional
Municipality of Durham and The Corporation of the City of
Pickering be approved (Attachment No. 1 to this Report);
2.That the Mayor and City Clerk be authorized to execute the said
Servicing Agreement, subject to minor revisions acceptable to the
Director, Corporate Services & City Solicitor; and,
3.That appropriate City of Pickering officials be authorized to take the
actions necessary to implement the recommendations in this
report.
6.Confirmation By-law
7.Adjournment
Report to Council
Report Number: LEG 03-21
Date: January 4, 2021
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Servicing Agreement between The Regional Municipality of Durham and The
Corporation of the City of Pickering
-Seaton Employment Lands
-File: L-4610-004-18
Recommendation:
1.That the attached Servicing Agreement between The Regional Municipality of Durham and
The Corporation of the City of Pickering be approved (Attachment No. 1 to this Report);
2.That the Mayor and City Clerk be authorized to execute the said Servicing Agreement,
subject to minor revisions acceptable to the Director, Corporate Services & City Solicitor; and
3.That appropriate City of Pickering officials be authorized to take the actions necessary to
implement the recommendations in this report.
Executive Summary: Attachment No. 1 is a draft Servicing Agreement between the Region
of Durham (the “Region”) and the City for the extension of a sanitary sewer and a watermain
through Provincially owned employment lands in Seaton. Attachment No. 2 is a Location Map
identifying those lands.
On July 22, 2019, City Council approved the hiring of TACC Construction to construct the sanitary
sewer and watermain (Report CAO 06-19). These services will be assumed by the Region. They
connect with the existing trunk sanitary sewer and water lines near Whites Road and run east
along the alignment of Street A and Kubota Drive, as shown on Attachment No. 2. These services
will connect the Kubota Canada site, as well as the other employment lands between Whites
Road and Kubota Drive.
Financial Implications: The City is responsible to front fund the full cost of the works described
in the Servicing Agreement. The estimated cost of the works is $1,750,000.00. Pursuant to report
CAO 06-19, this work commenced on August 27, 2019. It is already mostly completed and paid
for.
The Servicing Agreement also requires the City to pay to the Region: (a) engineering and legal
fees for the preparation and processing of the Servicing Agreement totaling $31,424.77; and (b)
the cost of registration of the Servicing Agreement against title to the affected lands. These fees
are charged by the Region whenever Regional services are constructed and landowners want to
connect to them. The Servicing Agreement also requires the City to pay any costs relating to the
works that arise from the absence of formal easements in favour of the Region. This requirement
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LEG 03-21 January 4, 2021
Subject: Servicing Agreement between Region of Durham and City of Pickering Page 2
was added by the Region because the services constructed by the City run through lands owned
by Infrastructure Ontario, and the City cannot obtain an easement over those lands for the Region.
While this requirement is not typical, City staff anticipate that this cost will be zero, because the
Region is entitled to access the services without any easement, pursuant to section 91(9) of the
Municipal Act.
The approved 2019 Capital Budget for 5203.1904 Municipal Servicing 407 Corridor Lands Phase
1 allocates the funds required for the full cost of the works and the related fees noted above.
The cost of the works, inclusive of the related fees, will be recovered from Kubota Canada and
future landowners who benefit from these services. Cost recovery will include the construction
costs, land costs, soft costs such as consulting fees, licence fees and permits, and carrying costs.
Cost recovery will be effected through the Seaton Landowners’ Group Cost Sharing Agreement,
the site plan approval process and through any future Agreements of Purchase and Sale which
Council may deem fit to approve.
Discussion: The Seaton Phase 1 Regional Front Ending Agreement between the
Region and the Seaton Landowners provides for the construction of the trunk sanitary sewer and
water supply services to the Seaton Phase 1 Employment Lands. The local sanitary sewers and
watermains connecting to these trunk services are the responsibility of the landowners.
Construction of the local sanitary sewers and water lines facilitates the development of the
employment lands lying east of Whites Road (Sideline 26), including the Kubota Canada site. The
Kubota Canada site was originally purchased by the City from Infrastructure Ontario, and sold on
to Kubota Canada. Pursuant to Report CAO 06-19, the City hired TACC Construction to construct
the local sanitary sewer and watermain required to service the lands.
A 375 millimetre (mm) diameter sanitary sewer and 400 mm watermain have been constructed to
service the Kubota lands and are required to be extended from the trunk services, located east of
Whites Road, on the north side of Highway 407, to the Kubota site (Attachment No. 2). In
accordance with its normal practice, the Region will not allow Kubota Canada to connect to these
services until a Servicing Agreement is executed.
These services were to be located within a City owned road right-of-way in the proposed industrial
plan of subdivision on lands to be acquired from the Province and facilitated through a subdivision
agreement with the Region for the construction of the local services. In advance of signing the
subdivision agreement, the City requested Regional approval to construct the works by way of
pre-servicing. The City has a licence from the Province which permits the construction and
operation of the Regional services within the Province’s lands. This licence has an expiry date of
August 2021. Pre-servicing proceeded on the basis that connection to the trunk services would
not be allowed until the City owns the lands for the right-of-way and enters into a subdivision
agreement with the Region.
To date, the purchase of these lands including the road rights-of-way which would contain these
Regional services has not been completed. As a result, a Regional subdivision agreement cannot
be executed until the lands are acquired or an easement over the lands is established. To resolve
this situation, City staff proposed that the City enter into a Servicing Agreement with the Region to
address the above subdivision agreement matters. The City will be responsible for any and all - 2 -
LEG 03-21 January 4, 2021
Subject: Servicing Agreement between Region of Durham and City of Pickering Page 3
until such time as the City can acquire ownership or a Regional easement is granted over the
lands within which these Regional services will be located.
The Servicing Agreement has been negotiated by City staff to enable construction of the sanitary
sewer and watermain works. The Servicing Agreement is in acceptable form, and City staff
recommend that it be approved by the City and executed.
Attachments:
1. Draft Servicing Agreement
2. Location Map of the subject lands
Prepared By: Approved/Endorsed By:
Candace Tashos, B.A. (Hons.), M.A., J.D. Paul Bigioni
Assistant Solicitor Director, Corporate Services & City Solicitor
CT:ks
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A.
Interim Chief Administrative Officer
Original Signed By:Original Signed By:
Original Signed By:
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TABLE OF CONTENTS
Definitions ........................................................................................................................ 3
Schedules ........................................................................................................................ 4
References ...................................................................................................................... 4
Extended Meanings ......................................................................................................... 4
City’s Expense ................................................................................................................. 4
Design and Installation .................................................................................................... 4
Authorization to Commence Work ................................................................................... 4
Additional Work ............................................................................................................... 5
Completion of the Works ................................................................................................. 5
Maintenance of the Works ............................................................................................... 5
"As Recorded" Drawings ................................................................................................. 6
Emergency Repairs ......................................................................................................... 6
Restoration of Roads ....................................................................................................... 6
Cost of the Works ............................................................................................................ 6
Costs Attributed to Works Installed On Province Owned Lands Without Easements or
Road Allowances ............................................................................................................. 6
Commutation of Rates and Charges ............................... Error! Bookmark not defined.
Fees ................................................................................................................................ 6
Security............................................................................................................................ 7
Insurance ......................................................................................................................... 7
Indemnification ................................................................................................................ 8
Events of Default ............................................................................................................. 8
Remedies of Default ........................................................................................................ 8
Notice of Agreement ........................................................................................................ 9
Postponement ................................................................................................................. 9
License and Conveyances............................................................................................... 9
Connection Approvals ..................................................................................................... 9
Further Assurances ......................................................................................................... 9
Notices........................................................................................................................... 10
Successors and Assigns ............................................................................................... 10
Recitals .......................................................................................................................... 11
Electronic and Counterpart Signatures ……………………………………………………..11
Schedule A Solicitor's Certificate
Schedule B Lands and Easements to be Conveyed to the Region
Legal File 2020-1433
Works File 2019-P-001
Attachment #1 to Report LEG 03-21
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SERVICING AGREEMENT
This Agreement dated November 10, 2020 is made
B E T W E E N:
THE CORPORATION OF THE CITY OF PICKERING
(the “City”)
-and -
THE REGIONAL MUNICIPALITY OF DURHAM
(the “Region”)
RECITALS
WHEREAS:
(a)The City does not intend to become the registered owner of all the Lands;
(b)The City does not propose to develop the Lands;
(c)This Agreement will not be registered until the terms and conditions of this
Agreement herein contained have been met, pursuant to Section 41 of the
Planning Act, as amended and the authority for the registration of this agreement
is pursuant to Section 41(10) of the Planning Act; and
(d)The development of the Lands and other neighbouring properties will necessitate
the construction of the Works.
NOW THEREFORE the City, the Region and the Encumbrancer agree as follows:
INTERPRETATION
Definitions
1.In this Agreement and in the recitals above,
(a)“Agreement” means this servicing agreement and all referenced
Schedules including the drawings referenced in the definition of “Works”
which shall all inclusively be considered the complete and entire
Agreement;
(b)“Completion Acceptance Letter” means the letter described in Section
11;
(c)“Final Acceptance Letter” means the letter described in Section 12;
“Lands” means the lands described in Schedule “B”.
(d)“Letter of Credit” means the letter of credit described in Section 21;
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(e) “Region” means The Regional Municipality of Durham acting as a body
corporate and, where the context requires, includes all employees,
officers, servants and agents of The Regional Municipality of Durham; and
(f) “Works” means all of the sanitary sewers and appurtenances, sanitary
sewer connections, watermains and appurtenances and water service
connections, to be installed as shown on the engineering drawings titled
as 407 Corridor Lands Phase 1, General Plans of Servicing, Drawing Nos.
101. 102, 103 and 104, Project No. 18:400, by Sabourin Kimble &
Associates Ltd., approved by the Region of Durham July 31, 2019, and
upon contractual agreement between the parties shall be available at the
Works Department of the Region for viewing and includes the removal of
any existing services as noted on such drawings.
Schedules
2. The following Schedules are attached to and form part of this Agreement:
Schedule A Solicitor's Certificate
Schedule B Lands and Easements to be Conveyed to the Region
References
3. References in this Agreement to Sections and Schedules are to Sections and
Schedules in this Agreement.
Extended Meanings
4. This Agreement shall be read with all changes in gender or number as the
context may require.
City’s Expense
5. Every provision of this Agreement by which the City is obligated in any way shall
be deemed to include the words "at the expense of the City" unless the context
otherwise requires.
REGIONAL SERVICES
Design and Installation
6. (1) In this Section, “plans” means the plans, profiles, contours, surveys and
other engineering reports, materials, drawings, data and investigations required
to complete the design and installation of the Works.
(2) The City shall be responsible for the preparation of all plans and the
installation of all Works. The plans shall be prepared and the installation of the
Works shall be undertaken in accordance with all applicable federal, provincial
and municipal laws, by-laws, rules, regulations, standards and other
governmental requirements and the Design and Construction Specifications for
Regional Services. Where no materials are specified in the Region’s design
guidelines, the materials shall be approved by the Region prior to the installation
of the Works.
(3) At the request of the Region, the City shall make all necessary changes or
deletions to the plans and the scope of the Works shall be adjusted accordingly.
Authorization to Commence Work
7. The City shall not commenced the installation of the Works without written
permission from the Region.Such permission shall not be given until::
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(a) all monies, securities and insurance policies required by this Agreement
have been delivered to the Region;
(b) this Agreement has been registered against title to the Lands as and when
required by paragraph 28 of this Agreement;
(c) the lands and easements set out in Schedule B have been conveyed to
the Region as and when required by paragraph 32 of this Agreement; and
(d) the Owner has obtained all necessary approvals for the installation of the
Works.
Notwithstanding the foregoing, the City commenced some of the Works with the
Region’s permission on August 27, 2019. The parties acknowledge that this does not
constitute a default under this Agreement, and that the balance of the Works to be
completed shall adhere to the above conditions.
Additional Work
8. If at any time prior to completing the installation of the Works the Region is of the
opinion that additional Regional services are necessary to service the Lands or
that existing Regional services need to be removed from the Lands, the Owner
shall install or remove such services at the request of the Region.
Completion of the Works
9. The completion dates for the installation of the Works shall be as follows:
(a) All regional underground services on or before September 30, 2021.
(b) Base course asphalt on Regional roads on or before n/a
(c) Surface course asphalt and sodding on Regional roads on or before
n/a .
10. If the City fails to complete the installation of the Works by such dates, the City
shall pay to the Region, as predetermined liquidated damages, the sum of one
hundred dollars ($100.00) per day beyond the completion date for every hundred
thousand dollars worth of uncompleted work unless the City has been prevented
from so doing by reason of strike, lock-out, material shortages, or natural
calamities beyond the reasonable control of the City.
11. After the Works have been installed to the satisfaction of the Region, the Region
shall issue a letter (the "Completion Acceptance Letter”) confirming completion of
the Works and the commencement date for the maintenance period referred to in
Section 12.
Maintenance of the Works
12. The City shall maintain the Works for a minimum period of two (2) years following
the issuance of a Completion Acceptance Letter. At the conclusion of the
maintenance period, the Region shall re-inspect the Works and, if acceptable, the
Region shall issue a letter (the "Final Acceptance Letter") confirming such
acceptance and the termination of the maintenance period. Upon the issuance of
the Final Acceptance Letter, the Region shall assume ownership of, and all
operation and maintenance responsibilities for, the Works.
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"As Recorded" Drawings
13.Prior to the issuance of the Final Acceptance Letter, the Owner shall submit to
the Region, complete in accordance with Regional standards, "as recorded"
drawings for the Works.
Emergency Repairs
14.The Region may enter upon the Lands at any time for the purpose of making
emergency repairs to any of the Works. In such situation the Region shall not be
deemed to have accepted any of the Works or assumed any liability in
connection with the Works.
Restoration of Roads
15.The City shall be responsible for the clean-up and repair of all Regional and local
roads, including boulevards, which become dirty or damaged as a result of the
installation of the Works. Within 48 hours of verbal notification to the City by the
Region, the City shall undertake such works as are necessary to clean-up or
repair the roads.
FINANCIAL MATTERS
Cost of the Works
16.The City shall be responsible for the full cost of the Works. The estimated cost of
the Works is as follows:
(a)Sanitary sewers and appurtenances $802,000.00
(b)Sanitary sewer connections 15,300.00
(c)Watermains and appurtenances 921,300.00
(d)Water service connections 11,100.00
(e)Regional storm sewers and appurtenances 0.00
(f)Regional storm sewer connections 0.00
(g)Regional roads 0.00
TOTAL $1,749,700.00
Costs Attributed to Works Installed On Province Owned Lands Without
Easements or Road Allowances
17.The City shall be responsible for any and all costs relating to the Works that arise
from the absence of formal easements in favour of the Region or City owned
road allowances. The determination of the costs shall be at the sole discretion of
the Region. The City shall continue to be responsible for such costs until the
required easements have been conveyed to the Region or the City has acquired
the related road allowances. The City shall reimburse the Region for any such
costs incurred by the Region.
Fees
18.(1) In this Section,
(a)“Engineering Fee” means all costs and expenses incurred by the
Region in reviewing, examining and inspecting the design and
installation of the Works;
(b)“Local Connections” means all water connections, sanitary sewer
connections and Regional storm sewer connections related to the
Lands previously installed or paid for by the Region;
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(c) “Local Services” means all watermains and appurtenances, sanitary
sewers and appurtenances, Regional storm sewers appurtenances, and
Regional road work related to the Lands previously installed or paid for
by the Region; and
(d) “MOE Credit” means any payments made by the City for processing a
Ministry of the Environment certificate for sanitary sewers, watermains
and/or Regional storm sewers.
(2) The Engineering Fee is calculated by applying the applicable formula in
the following chart to the total cost of the Works:
Total Cost of the Works Engineering Fee
Less than $100,000 3% (minimum $250.00)
$100,001 to $200,000 $3,000 on first $100,000 and 2.5% on next
$100,000
$200,001 to $500,000 $5,500 on first $200,000 and 2.25% on next
$300,000
$500,001 to $1,000,000 $12,250 on first $500,000 and 2.0% on next
$500,000
$1,000,001 to $2,000,000 $22,250 on first $1,000,000 and 1.50% on
next $1,000,000
$2,000,001 to $4,000,000 $37,250 on first $2,000,000 and 1.20% on
next $2,000,000
(3) The Engineering Fee only includes periodic inspection. If the Region is
required to provide full-time on-site inspection services for the installation of the
Works, then the City shall reimburse the Region for all costs and expenses
incurred by the Region for such services. All such costs and expenses shall be
in addition to the Engineering Fee.
(4) Prior to execution of this Agreement by the Region, the City shall pay to
the Region by certified cheque the sum of $31,424.77 calculated as follows:
(a) Engineering Fee $30,474.77
(b) MOE Credit ( 650.00)
(c) Local Services
(i) Regional roads and storm sewers 0.00
(ii) Watermains 0.00
(iii) Sanitary sewers 0.00
(d) Local Connections
(i) Regional storm sewer connection 0.00
(ii) Water service connection 0.00
(iii) Sanitary sewer connection 0.00
(e) legal fees for the preparation and
processing of this Agreement 1,125.00
(f) financial administration fee 475.00
TOTAL $31,424.77
19. The City shall reimburse the Region for the cost of registering this Agreement
and all related documents against title to the Lands.
Security
20. The City is not required to provide a letter of credit (the “Letter of Credit”) to
guarantee performance and maintenance.
Insurance
21. (1) The City shall obtain and maintain policies of insurance with the following
types of coverage and associated limits:
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(a) General Liability coverage to a limit of $5,000,000;
(2) Any insurance obtained under this Section shall name the Region as
additional insured so that it is protected from claims by third parties, is protected
from claims by insurers, and, in the case of insurance insuring against major
perils, is able to receive the proceeds for the purposes of correcting any
deficiencies arising as a result of any perils insured against which are not being
rectified by the City.
(3) No policy of insurance shall contain a clause for exclusion for blasting.
(4) All insurance policies shall specify that they shall not be cancelled or
changed to reduce the coverage unless the insurance company has given thirty
(30) days prior written notice to the Region.
(5) Certificates of insurance setting out the essential terms and conditions of
the insurance shall be provided to the Region prior to the Region executing this
Agreement and shall be continued until the Final Acceptance Letter has been
issued. The certificate of insurance shall be in a form satisfactory to the Region’s
Treasurer.
(6) The issuance of any policy of insurance shall not be construed as relieving
the City from responsibility from other or larger claims, if any, for which the City
may be held responsible.
Indemnification
22. Until the Final Acceptance Letter has been issued, the City shall indemnify and
save harmless the Region from all losses, damages, costs, expenses, claims,
demands and actions of every nature and kind whatsoever including death or
injury (collectively referred to as “losses”) arising directly or indirectly from the
design, installation, maintenance or operation of the Works or any other
obligation of the City under this Agreement, whether or not such losses are
incurred by reason of negligence on the part of the City and whether such losses
are sustained by the Region, the City or their employees, workmen, servants,
agents or councillors or any other person or corporation.
DEFAULT
Events of Default
23. The City shall be in default under this Agreement if,
(a) the City fails to install or maintain any part of the Works as required by this
Agreement or fails to carry out any other obligation under this Agreement.;
or
(b) the Region receives legal notice, or otherwise finds, that the City has
ceased to carry on business, whether such cessation of business is
voluntary or involuntary, if applicable.
Remedies of Default
24. If the City is in default and such default has continued for a period of seven (7)
days (or such longer period as may be reasonably required in the circumstances
to cure the default) after receipt of notice from the Region setting out the
particulars of the default, the Region may enter upon the Lands and do all such
matters and things as are required to remedy the default, including the repair or
reconstruction of faulty work and the replacement of substandard materials.
Nothing in this Section shall require the Region to give notice in any situation
deemed by the Region to be an emergency.
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25. Actual costs incurred by the Region in carrying out any remedial work plus twenty
five (25%) percent of such costs as a charge for overhead (to be construed as a
liquidated amount, not as a penalty) shall be paid by the City to the Region.
26. The Region may invoice the City to satisfy any costs associated with remedying
any default.
27. Failure by the Region to exercise any of its rights, powers or remedies under this
Agreement or any delay in doing so shall not constitute a waiver of those rights,
powers or remedies. The single or partial exercise of a right, power or remedy
shall not prevent its subsequent exercise or the exercise of any other right, power
or remedy.
OTHER MATTERS
Notice of Agreement
28. This Agreement shall be registered against title to those Lands owned by the
City, until such time as they are dedicated or established as public highway and
shall be enforceable against the City and all subsequent owners of those Lands.
29. The City shall give to every purchaser of any part of the Lands actual notice of
the existence and the terms of this Agreement and include such notice in any
offer to purchase or other similar document dealing with the Lands.
30. At the request of the City, the Region shall release this Agreement from title to
the Lands provided the Final Acceptance Letter has been issued and the City has
paid to the Region the Region’s fee and registration expenses for such release.
Postponement
31. All rights and interests which the Encumbrancer has in the Lands are hereby
postponed to this Agreement and any easement given pursuant to this
Agreement, if applicable.
Licence and Conveyances
32. The City shall convey or ensure that the necessary party conveys to the Region
on the signing of this Agreement or as soon as practical afterwards, the lands
and interests in land set out in Schedule B. Any such conveyances shall be in a
form acceptable to the Regional Solicitor.
33. Until such time as the City conveys or arranges to convey the lands set out in
Schedule B, the City shall maintain and extend their existing licence from the
Province of Ontario which permits the construction and operation of the Works,
beyond the licence’s current expiry date of August 2021, and provide proof of
such licence to the Region.
Connection Approvals
34. Prior to making connection to the sanitary sewers and watermains being installed
under the terms of this Agreement, the City shall obtain connection approvals
from the Region. The Region shall not issue a connection approval until the
Completion Acceptance Letter has been issued.
Further Assurances
35. The City shall execute such further assurances of the rights hereby granted as
deemed necessary by the Region.
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Notices
36. (1) Any notice to the City shall be in writing and shall be delivered to the
following address:
The Corporation of the City of Pickering
One The Esplenade
Pickering, Ontario
L1V 6K7
Attention: Mr. Paul Bigioni
Fax No. 905-420-7648
(2) Notice shall be sufficiently given if,
(a) delivered in person;
(b) sent by registered mail; or
(c) sent by facsimile transmission during normal business hours on a
business day.
(3) Each notice sent shall be deemed to have been received,
(a) on the day it was delivered;
(b) on the third business day after it was mailed (excluding each
business day during which there existed any general interruption of
postal services due to strike, lockout or other cause); or
(c) on the same day that it was sent by facsimile transmission or on the
first business day thereafter if the day on which it was sent by
facsimile transmission was not a business day.
(4) The Owner may change its address for notice by giving notice to the
Region’s Clerk in the manner provided in this Section.
Successors and Assigns
37. (1) The Owner agrees that it will not convey by way of deed, or transfer, or
grant or assign or exercise a power of appointment or enter into an agreement of
purchase and sale in respect of the Property, or any portion thereof, or enter into
any other agreement or lease, which has or could have the effect of granting the
use of or right in the Property, or any portion thereof, directly or by entitlement to
renewal, for a period of 21 years or more, unless the Owner requires the
proposed purchaser, grantee, assignee, lessee, or such other person who would
be entitled to the benefits of such agreements or transactions, to execute and
deliver to the Region of Durham an agreement with the Region of Durham,
satisfactory in form and content to the Regional Solicitor, wherein such party
agrees to assume the covenants and obligations of the Owner set out in this
Servicing Agreement and to be bound by the terms of this Servicing Agreement.
(2) The parties consent to the registration of this Servicing Agreement against
title to the Property in priority to all other charges and mortgages, and agree to
execute any and all documents required for such purpose and agree that the
burden of these rights, easement and covenants shall run with and bind the
Property and every owner of the Property, and every successor and assign of
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every owner of the Property in perpetuity and the benefit of this Servicing
Agreement shall be annexed to and run with the Property.
(3) This Servicing Agreement shall be binding upon and shall enure to the
benefit of each of the parties and their respective successors and assigns,
whether on title or otherwise.
Recitals
46. The Recitals contained in this agreement are true and correct and are legally
binding and form a true part of this agreement.
Electronic and Counterpart Signatures
47. This Agreement and any Ancillary Agreements may be executed in one or more
counterparts, each of which shall be deemed to be an original and all of which,
when taken together, shall be deemed to be one and the same agreement or
document. A signed copy of this Agreement or any Ancillary Agreement
transmitted by facsimile, email or other means of electronic transmission shall be
deemed to have the same legal effect as delivery of an original executed copy of
this Agreement or such Ancillary Agreement for all purposes.
IN WITNESS WHEREOF the parties have executed this Agreement and if required may
do so with counterpart signatures.
THE CORPORATION OF THE CITY OF PICKERING
2020/ /
Name:
Title:
2020/ /
Name:
Title:
I/We have authority to bind the Corporation
THE REGIONAL MUNICIPALITY OF DURHAM
2020/ /
John Henry, Regional Chair and CEO
2020/ /
Ralph Walton, Regional Clerk
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12
SCHEDULE A
Solicitor’s Certificate
TO: THE REGIONAL MUNICIPALITY OF DURHAM
(the “Region”)
I, , a Solicitor duly qualified to practise law in the
Province of Ontario, do hereby certify that the Owner is the owner in fee simple of the
Lands and that there are no mortgages or other encumbrances upon the Lands or any
part thereof save and except the following:
I further certify that [x] is the owner in fee simple of the lands to be conveyed to
the Region as set out in Schedule B and that there are no mortgages or other
encumbrances upon such lands or any part thereof save and except the following:
This Certificate is given by me to the Region for the purpose of having the
Region act in reliance on it in executing the Servicing Agreement dated November 10,
2020 and for certifying title to the Lands and the lands set out in Schedule B.
DATED at , Ontario, this day of ,
2020.
____________________________________
Solicitor
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13
SCHEDULE B
Lands And Interests To Be Conveyed To The Region
PIN 26402-0147(LT)
Owner: The Corporation of the City of
Pickering
Transfer of Easement Part of Lot 24, Concession 5
(W atermain) Part 20, Plan 40R-29467
PIN 26402-0105(LT) and PIN 26402-0146(LT)
Owner: Kubota Canada Ltd.
Transfer of Easement Part of Lots 23 and 24, Concession 5
(Watermain) Parts 1, 2, 3, 4 and 6, Plan 40R-
(Job No. 04-1620-Ease-E-Pel1-2 by
Holding Jones Vanderveen Inc.)
PIN 26386-0154(LT)
Owner: Her Majesty the Queen in Right
Of Ontario as Represented by the
Minister of Infrastructure
Transfer of Easement Part of Lot 26, Concession 5
(Watermain) Part 5, Plan 40R-
(Job No. 04-1620-Ease-E-Pel1-A by
Holding Jones Vanderveen Inc.)
PIN 26402-0096(LT) and 26386-0154(LT)
Owner: Her Majesty the Queen in Right
Of Ontario as Represented by the
Minister of Infrastructure
Transfer of Easement Part of the Road Allowance between Lots 24
(Sanitary sewer and watermain) and 25, Concession 5 and Part of Lots 25 and
(Job No. 04-1620-Ease-E-Pel1-A by 26, Concession 5
Holding Jones Vanderveen Inc.) Parts 1, 2, 3 and 4, Plan 40R-
PIN 26402-0147(LT)
Owner: The Corporation of the City of
Pickering
Transfer of Easement Part of Lot 24, Concession 5
(Sanitary sewer and watermain) Parts 6 and 7, Plan 40R-30968
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SIDELINE 24RECONSTRUCTIONKUBOTA DRIVENEW CONSTRUCTIONPROPOSEDSWM FACILITYPROPOSEDCULVERTHIGHWAY 7407 ETRKUBOTA BLOCK 10 & 25BLOCK 11LEGEND:PROP. STORM SEWERPROP. SANITARY SEWERPROP. WATERMAINPROP. SANITARY FORCEMAINPROP. SANITARY PUMPING STATIONAttachment #2 to Report LEG 03-21- 16 -