HomeMy WebLinkAboutBy-law 1987/85THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1987 /85
Being a by-law to authorize the execution of a
Development/Servicing Agreement between 566626
Ontario Inc. and the Corporation of the Town of
Picketing respecting Part Lot 28, Concession 1,
Picketing (Part 1, Plan 40R-5922) (Trade Centre
& Local Central Area)
WHEREAS, pursuant to the provisions of the Planning Act, R.S.O. 1980, chapter 379,
the Regional Municipality of Durham Act, R.S.O. 1980, chapter 484 and the Municipal
Act, R.S.O. 1980, chapter 302, a local municipality can provide for the servicing and
development of lands, storm sewers and roads within its jurisdiction; and
WHEREAS, 566626 Ontario Inc. is the owner of that part of Lot 18, Concession 1,
Pickering, designated as Part 1, Plan 40R-5922 and wishes to develop that land for
certain purposes including a trade centre, a local central commercial area and a
residential subdivision;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Development/Servicing
Agreement between 566626 Ontario Limited and the Corporation of the Town of
Picketing respecting Part Lot 18, Concession 1, Picketing, designated as Part
1, Plan 40R-5922.
BY-LAW read a first, second and third time and finally passed this 18th day of
March, 1985.
THIS AGREEMENT made this 4th day of March, 1985.
BETWEEN:
566626 ONTARIO INC.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
THE CADILLAC FAIRVIEW CORPORATION LIMITED
and
CITIBANK CANADA
hereinafter called the "Encumbrancers"
OF THE THIRD PART.
WHEREAS the Owner is the registered owner of that part of Lot 18, Concession 1,
Pickering, designated as Part 1, Plan 40R-5922, and wishes to develop that land for
certain purposes including a trade centre, a local central commercial area and a
residential subdivision; and
WHEREAS, the Encumbrancers have certain rights or interests in the nature of
encumbrances relating to the lands affected hereby;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town
approving of the development in principle, and the covenants hereinafter expressed,
the Parties hereto covenant and agree one with the other as follows:
PART 1 - PROPERTY DESCRIPTION
1o LAND AFFECTED
(1) The lands affected by this Agreement (hereinafter called the "Lands")
are:
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Pickering, in the Regional Munic-
ipality of Durham (formerly in the Township of Picketing and County of
Ontario) and Province of Ontario and being composed of that part of Lot
18, Concession l, designated as Part I on a plan of survey deposited in
the Land Registry Office for the Land Titles Division of Durham (No. 40)
as Plan 40R-5922.
(2)
For the purposes of the application of this Agreement, the Lands are
comprised of six areas ~ Area 1, 2, 3, 4, 5A and 5B - as outlined on the
sketch attached as Schedule A.
- 2 -
PART 2 - PICKERING PARKWAY (Area 1)
TRANSFER OF ROAD
(1)
On or before April 5, 1985, the Owner shall convey to the Town, free
and clear of all encumbrances and at no cost to the Town, all of the
future road allowance (Area 1) for Picketing Parkway on the Lands, that
is, Parts 1 to Il, inclusive, on a plan of survey prepared by Schaeffer &
Reinthaler Limited, O.L.S. and coded "Job No. 84-4]8".
The Owner shall deposit that plan of survey in the Land Registry Office
for the Land Titles Division of Durham as a reference plan at no cost to
the Town prior to making that conveyance.
CONSTRUCTION OF ROAD
The Owner shall construct and instal the roadway and all related works and
services on Parts 1, 2 and 3 of Area 1 at no cost to the Town and in
accordance with the provisions of Schedule B.
TIME LIMIT FOR CONSTRUCTION
(1)
(2)
The construction and installation of the roadway and related works and
services on Part I of Area ] shall be completed on or before December
31, 1986.
The construction and installation of the roadway and related works and
services on Parts 2 and 3 of Area 1 shall be completed on or before
December 31, in the year following the year in which the Town advises
the Owner in writing of the Town's requirement that the roadway and
related works and services are to be constructed on Parts 2 and 3.
-3 -
PART 3 - LOCAL CENTRAL AREA (Area 2)
5. DEVELOPMENT CONTROL
Prior to the commencement of the development or redevelopment of Area 2, the
Owner shall comply with the provisions of Schedule C.
MAINTENANCE SECURITY
The security required to be provided by the Owner pursuant to section 2(3) of
Schedule C shall be maintained by the Owner for a period of from one to two
years from the date of completion of the facilities or works, in the Town's sole
discretion.
4
PART 4 - FUTURE RESIDENTIAL DEVELOPMENT (Area 3)
7, PLAN OF SUBDIVISION
Subject to sections 8 and 9, below, the Owner shall not develop any or all of
Area 3 except after the registration of a plan of subdivision of the Area
approved under the provisions of the Planning Act, 1983, S.O. 1983, chapter
1, as amended from time to time, or any successor thereto.
8. TEMPORARY ENTRANCE TO AREA 2
(1)
Despite section 7, above, the Owner may develop the northerly 75 metres
of Area 3 for the sole purpose of the provision of a pedestrian and
vehicular access between Area 2 and Kingston Road.
(2)
If the Owner intends to develop that part of Area 3 for that purpose, the
provisions of section 5, above, and of Schedule C shall apply as if the
part of Area 3 in question is part of Area 2.
(3)
If the Owner develops that part of Area 3 for that purpose, without
limiting the generality of section 2(1)(e) of Schedule C, the Owner shall
provide berming and landscaping features along the easterly and
southerly sides of the access sufficient to prevent the passage of motor
vehicles between the access to Area 2 and the balance of Area 3.
(4)
Any access developed pursuant to this section shall be removed at the
Owner's expense if any registered plan of subdivision for Area 3 does not
provide for that access between Area 2 and Kingston Road.
9. CONDITION PENDING DEVELOPMENT
The Owner shall keep all of Area 3 in a neat and clean condition at all times
and shall ensure that any storm drainage from Area 2 or from Area 4 is pre-
vented from flowing easterly onto properties fronting onto Southview Drive, by
the construction and maintenance of a berm within Area 3 but immediately
adjacent to the easterly boundary thereof.
-5 -
PART 5 - TRADE CENTRE (Area 4)
10.
DEVELOPMENT CONTROL
Prior to the commencement of the development or redevelopment of Area 4, the
Owner shall comply with the provisions of Schedule C.
31.
MAINTENANCE SECURITY
The security required to be provided by the Owner pursuant to section 2(3) of
Schedule C shall be maintained by the Owner for a period of from one to two
years from the date of completion of the facilities or works, in the Town's sole
discretion.
12.
BOUNDARY TREATMENT
(1)
Without limiting the generality of section 2(1)(e) of Schedule C, the
Owner shall provide on Area 4 berming and landscaping features along
the boundary between Area 4 and Area $ sufficient to prevent the
passage of motor vehicles between those Areas.
(2)
When the property to the east of Area 4 is to he developed, the Owner
shall contribute 50% of the cost of the installation and erection of a fence
on the common boundary; the nature and design of that fence shall be
subject to the approval of the Town but shall be no more costly than a
fence erected and instal]ed at thai time to the standards set out in
Schedule D.
-6-
PART 6 - FUTURE NON-RESIDENTIAL DEVELOPMENT (Areas 5A and 5B)
13. AMENDMENT TO AGREEMENT
Subject to section 14, below, the Owner shall not develop any or all of Area 5A
or of Area 6B without an amendment to this Agreement.
14. CONDITION PENDING DEVELOPMENT
The Owner shall keep all of Area 5A and all of Area 5B in a neat and clean
condition at all times, and shall not use or permit the use of either Area for
any purpose not specifically permitted in a Zoning By-law applicable thereto.
-7 -
PART 7 - GENERAL
15.
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(i)
No building permit shall be issued for any building or part of a building
on the Lands until sewer and water facilities are available, and in the
opinion of the Director of Public Works, capable of providing adequate
service.
(2)
No building or part of a building on the Lands shall be occupied except
upon the issuance of a municipal occupancy permit.
(3)
No application for a municipal occupancy permit for a building or part of
a building shall be made except upon the following conditions:
(i)
Storm sewer, sanitary sewer and water facilities are installed and
in operation to adequately serve such building or part thereof;
(ii) Electric service is completed and in operation;
(iii)
An asphalt base has been laid on the road immediately in front of
the building or part thereof and extended to an existing main-
tained public road; and
(iv)
Such curbs, as in the opinion of the Director of Public Works,
are required to be completed prior to occupancy have been con-
structed on the road and extend to an existing maintained public
road.
16.
GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the Lands as required by law from time to
time.
(b) Interest
To pay interest at the rate o£ eighteen per cent (18%) per annum to the
Town on all sums of money payable herein which are not paid on the due
dates calculated from such due dates.
Ret~istration Fees
To pay all registration costs incurred by the Town relating in any way to
the registration of this Agreement or any other related documentation,
including transfers, in the Land Titles Office.
tc)
17. NOTICE
Any notice required to be given hereunder may be given by registered mail
addressed to the other Party at its principal place of business and shall be
effective as of the second day immediately following the date of the deposit
thereof in the Post Office.
18. ENCUMBRANCERS
This Agreement shall have priority over and take precedence over all of the
Encumbrancers' rights or interest, whether or not any such right or interest
was established or arose prior to the date hereof and whether or not such right
or interest is set out in or arises by virtue of any instrument or document
registered on title to the lands affected hereby, or any part of them, prior to
the registration of this Agreement.
-8 -
PART 7 - GENERAL (Cont'd)
19. INTERPRETATION
(1)
Whenever in this Agreement the word "Owner" or "Encumbrancers" or the
pronoun "it" is used, it shall be read and construed as "Owner or Own-
ers", "Encumbrancer or Encumbrancers" and "his", "her" or "them",
respectively, and the number of the verb agreeing therewith shall be
construed accordingly.
(2)
Schedule A, B, C and D attached hereto shall form part of this Agree-
ment.
20.
TIME
Time shall be of the essence of this Agreement.
21.
BINDING PARTIES
This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate Seals
attested to by the hands of their proper officers in that behalf fully authorized.
SIGNED, SEALED & DELIVERED
566626 ONTARIO INC.
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
THE CADILLAC FAIRVIEW CORPORATION LIMITED
CITIBANK CANADA
-9-
SCHEDULE A
AREA
AREA
A - ]
SCHEDULE B
1. OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good workmanlike man-
ner, for the Town, all the works herein set forth, to the satisfaction of the
Town's Director of Public Works, and shall complete, perform or make payment
for such other matters as may be provided for herein.
2. CONSULTING ENGINEERS
(1)
The Owner shall retain a Professional Engineer as the Consulting Engineer
of the. Owner to carry out all the necessary engineering and to supervise
generally the works required to be done for the construction and
installation of the roadway and related works and services (the "works").
(2)
Such Consulting Engineer, or any successor thereto, shall continue to be
retained until the works provided for in this Schedule are completed and
accepted by the Town.
3. STORM SEWERS
(1)
The Owner shall construct a complete storm system including storm con-
nections to the street line and catch basin leads to service Parts 1, 2 and
3 and the lands adjacent thereto, and to provide capacity for lands
upstream, according to designs approved by the Director of Public Works
and according to the specifications of the Town in effect at the date
hereof and shall maintain it, including clearing any blockages or debris
from whatever cause, until it is formally accepted by the Town.
(2)
Such system shall be constructed to an outlet or outlets according to
designs approved by the Director of Public Works and shall be of suffi-
cient size and depth to service Parts 1, 2 and 3 and the lands adjacent
thereto, which in the opinion of the Director of Public Works will require
its use as a trunk out]et.
(3)
Should, in the opinion of the Director of Public Works, an inadequate
stream or structure exist in the outlet system outside Parts 1, 2 and 3
and the lands adjacent thereto, the Owner may be required to carry out
such works as are necessary to provide an adequate outlet.
(4)
The Town may connect or
system but such connection
system by the Town.
authorize connection into any part of the
shall not constitute acceptance of the sewer
(5)
No connection under subsection 4, above, shall be undertaken or au-
thorized prior to preliminary acceptance of the sewer system by the
Town, except in an emergency.
4. ROADS - ROUGH GRADE
(D
Prior to the installation or construction of the works provided for in this
Schedule, the Owner shall rough grade the proposed road allowance to
the Town's specifications.
(2)
The Owner shall keep all boulevards clear and free of materials and
obstructions which might interfere with the installation of electric, tele-
phone, gas or other utilities.
B - 1
SCHEDULE B (Cont'd)
5. ROADS - PAVED
(i)
The Owner shall construct the road according to the Town's specifications
for paved roads of the Town in effect at the date hereof.
(z)
Until assumption by the Town, the Owner shall maintain and repair the
road where construction has taken place or where it is used by con-
struction traffic entering the Lands and keep the road clear of dust,
refuse, rubbish or other litter of all types.
(3)
The Owner shall erect and maintain adequate signs to warn all persons
using the road that the maintenance of it has not been assumed by the
Town from the time that it is opened until formal assumption by the
Town.
6. CURBS & GUTTERS
(1)
The Owner shall construct curbs and gutters on the road to be con-
structed pursuant to section 5, above, according to the specifications of
the Town in effect at the date hereof and shall maintain them until they
are formally accepted by the Town.
(z)
If any curb depressions are not located correctly with respect to a drive-
way, the Owner shall construct a curb depression in the correct location
and fill in the original curb depression according to the said specifica-
tions.
7. SIDEWALKS
The Owner shall construct a sidewalk on each side of the road according to the
specifications of the Town in effect at the date hereof and to maintain them
until they are formally accepted by the Town.
8. UNDERGROUND ELECTRIC DISTRIBUTION & STREET LIGHTING
(1)
(2)
(4)
Underground electric distribution shall be provided along the road ac-
cording to the standards and specifications of Picketing Hydro-Electric
Commission.
The Owner shall pay all costs of installation of street lighting, including
poles and other necessary appurtenances for the lighting of the road and
all boundary roads or parts thereof requiring upgraded lighting.
The lighting shall be designed and installed in accordance with standards
established by the Town and in conformity with the Association of Munici-
pal Electrical Utilities Guide to Municipal Standard Construction.
The installation of all works provided for in this section shall be con-
structed under the supervision and inspection of Pickering Hydro-Electric
Commission.
9. INSPECTION OF WORK
(i)
All works required to be constructed by the Owner, except those re-
ferred to in section 8, above, shall be installed under the observation of
Inspectors employed by the Town and the Owner shall pay the costs
incurred therefor within 30 days of invoices being rendered.
(z)
The costs referred to in subsection (1), above, may include, but not
necessarily be limited to, salaries and wages of Inspectors, testing fees
and administration fees.
B -2
SCHEDULE B (Cont'd
10. LIABILITY INSURANCE
(1)
Before commencing any of the work provided for herein, the Owner shall
supply the Town with a Liability Insurance Policy in a form satisfactory
to the Town, indemnifying the Town from any loss arising from claims for
damages, injury or otherwise in connection with the work done by or on
behalf of the Owner on Parts 1, 2 and 3.
(2) The amount of the Policy shah be $5,000,000.
(3)
In the event any renewal premium is not paid, the Town, in order to
prevent the lapse of such Liability Insurance Policy, may pay the renewal
premium or premiums and the Owner shall pay the cost of such renewal or
renewals within 30 days of the account therefor being rendered by the
Town.
(4)
It shall be the responsibility of the Owner to notify the Town of the
dates for the renewal of the premium of the said policy and to supply
proof that the premium of the said policy has been paid in order that the
protection provided by the Liability Insurance Policy shall not lapse.
11. PERFORMANCE & MAINTENANCE GUARANTEE
(i)
Before commencing the construction, installation or performance of any of
the works provided for herein, the Owner shall supply the Town with a
60% performance and maintenance security in a form satisfactory to the
Town and in an amount established by the Director of Public Works (the
"original value") for the purpose of,
(a)
guaranteeing the satisfactory construction, installation or perfor-
mance of the works;
(b) guaranteeing the payment of any amounts payable to the Town
under section 9 of this Schedule;
(c)
guaranteeing the payment of any amount
required to pay under the provisions of
Act, 1982, and
that the Town may be
the Construction Lien
(d)
guaranteeing all works, workmanship and materials for a period of
two years from the date that the works are completed and such
completion acknowledged, in writing, by the Director of Public
Works.
(2)
The Owner may, at any time after the first 50%, in value, of works have
been constructed, installed or performed, apply for a reduction in the
security and such application shall be made to the Town Treasurer.
(3)
Upon written verification from the Director of Public Works that the
construction, installation or performance of the works for which reduction
is being sought have been satisfactorily completed and paid for, the Town
Manager may reduce the amount of the security to an amount not ]ess
than,
(a)
sixty per cent (60%) of the original value where no certificate or
declaration of substantial performance has been made;
(b) thirty-five per cent (35%) of the original value where,
(i)
a certificate or declaration of substantial performance has
been published;
(ii) 45 days following such publication have expired; and
B - 3
SCHEDULE B (Cont'd)
(4)
(iii)
all liens that may be claimed against any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
and
(c) seventeen per cent (17%) of the original value where,
(i) a certificate of final completion has been made by the
Owner's consulting engineer;
(ii) 45 days following the making of such certificate have
expired; and
(iii)
all liens that may be claimed against any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
which seventeen per cent (17%) portion shall secure the guarantee of
works, workmanship and materials, until the obligation to guarantee has
expired, when the balance of the security shall be returned to the Owner
subject to any deductions for rectification of deficiencies.
Upon the approval, if any, of a reduction in the amount of the security
required to be provided in subsection 1, the Town Manager or the Town
Treasurer shall provide to the Owner any necessary assurance to effect
the reduction.
12. DRAINAGE - SODDING
The Owner shall provide the Town, before commencing any of the works
provided for herein, with a Grading Control Plan prepared by the Own-
er's Consulting Engineer, establishing the proposed grading of the road
and adjacent lands for the proper drainage thereof.
(2)
The Grading Control Plan shall be prepared in accordance with the
Town's Lot Drainage Specifications in effect at the date of this Agreement
and is subject to the approval of the Director of Public Works.
(3)
The grading of all lands shall be carried out by the Owner in accordance
with the Grading Control Plan, under the supervision of the Owner's
Consulting Engineer.
(4)
If, in the opinion of the Director of Public Works, drainage problems
occur prior to formal acceptance by the Town of the works the Owner
shall correct them by re-grading or by the construction of catch basins,
swales or other structures as may he necessary to correct such problems.
(5)
The Owner shall sod all boulevards and median strips except for paved,
planted or treed areas.
13. INCOMPLETED OR FAULTY WORK
(1)
If, in the opinion of the Director of Public Works, the Owner is not
prosecuting or causing to be prosecuted the works in connection with this
Schedule within the specified time, or in order that it may be completed
within the specified time, or is improperly performing the work, or shall
the Owner neglect or abandon it before the completion, or unreasonably
delay the same so that the conditions of this Schedule are being violated
or carelessly executed, or in bad faith, or shall the Owner neglect or
refuse to renew or again perform such work as may be rejected by the
B - 4
SCHEDULE B (Cont'd)
(z)
(3)
(4)
Director of Public Works as defective or unsuitable, or shall the Owner in
any other manner, in the opinion of the Director of Public Works, make
default in performance of the terms of this Schedule, then in any such
case, the said Director of Public Works shall promptly notify the Owner
and his surety in writing of such default or neglect and if such notifica-
tion be without effect within ten clear days after such notice, then in
that case, the Director of Public Works shall thereupon have full authori-
ty to purchase such materials, tools and machinery and to employ such
workmen as in his opinion shall be required for the proper completion of
the said work at the cost and expense of the Owner or his surety, or
both.
In cases of emergency, in the opinion of the Director of Public Works,
such work may he done without prior notice but the Owner shall be
forthwith notified.
The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
It is understood and agreed that such costs shall include a management
fee of twenty per cent (20%) of the labour and material value, and fur-
ther, a fee of thirty per cent (30%) of the value for the dislocation and
inconvenience caused to the Town as a result of such default on the part
of the Owner, it being hereby declared and agreed that the assuming by
the Owner of the obligations imposed by this paragraph is one of the
considerations, without which the Town would not have executed this
Agreement.
14. GENERAL PROVISIONS - WORKS
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave all driveway approaches on Parts 1, 2 and 3 between the curb
and sidewalk, or, where no sidewalk is to be provided, between the curb
and the lot line.
(b) Continuation of Existing Services
Where the construction of services herein involves a continuation to
existing services, to join into the same, including adjustment of grades
where necessary, in a good and workmanlike manner.
(c) Public Lands - Fill & Debris
(i)
Neither to dump nor to permit to be dumped, any fill or debris
on, nor to remove or permit to be removed, any fill from any
public lands, other than in the actual construction of the works
without the written consent of the authority responsible for such
lands.
(ii)
On request, to supply the Town with an acknowledgement from
such authority of the Owner's compliance with the terms of sub-
clause (i), above.
(iii) That there shall be no burning of refuse or debris upon the
Lands or any public lands.
(d) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or quantitative tests
made of any materials which have been or are proposed to be used in the
construction of any works required by this Schedule, and the cost of
such tests shall be paid by the Owner within 30 days of the account
being rendered by the Town.
B -5
SCHEDULE B (Cont'd)
(e) Relocation of Services
(i)
(ii)
To pay the cost of relocating any existing services and utilities
caused by the works within 30 days of the account for same being
rendered by the Town.
Similarly to pay the cost o£ moving any services or utilities
installed under this Schedule in driveways or so close thereto, in
the opinion of the Director of Public Works, as to interfere with
the use of the driveway.
(f) Specifications
Unless otherwise provided, to perform any work required to be done
under this Schedule to the specifications of the Town in effect at the date
hereof.
(g) Temporary Signs
To provide and erect at its own cost, to the specifications of the Town,
temporary signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
(h) Permanent Signs
(i)
(j)
To provide and erect at its own cost, to the specifications of the Town,
permanent signs of such nature and at such locations as may be designa-
ted by the Director o£ Public Works.
Engineering Drawings
Prior to the final acceptance of the works, to supply the Town with the
original drawings of the engineering works, with amendments, if any,
noted thereon.
Snow Plowing & Sanding of Roads
(i)
If, in the opinion of the Director of Public Works, the condition
of the road surface is not acceptable for winter control, to snow
plow and sand the road.
(ii)
Such snow plowing and sanding shall be done from time to time
when the Director of Public Works deems conditions warrant and
until such time as the road surface is acceptable to the Director
o£ Public Works for winter control.
(k) Survey Monuments & Markers
Prior to the acceptance of the works by the Town, to supply a statement
by an Ontario Land Surveyor that, after the completion of the works, he
has found all standard iron bars as shown on the reference.
15. GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Interest
To pay interest at the rate of eighteen per cent (18%) per annum to the
Town on all sums of money payable herein which are not paid on the due
dates calculated from such due dates.
B -6
SCHEDULE B (Cont'd)
(b) Registration Fees
To pay all registration costs incurred by the Town relating in any way to
the registration of the reference plan or any other related documentation,
including transfers, in the Land Titles Office.
(c) Lien or Other Claims
Upon applying for final acceptance of the works, to supply the Town with
a Statutory Declaration that all accounts for work and materials have been
paid, except normal guarantee holdbacks, and there are no claims for
liens or otherwise in connection with work done or material supplied for
or on behalf of the Owner in connection herewith, or if such claims do
exist, the Owner shall indemnify the Town against all claims, actions or
demands for construction liens or otherwise and all costs in connection
therewith.
16. EXPIRY OF SECURITIES
(D
Should any security required to be given under the terms of this Sched-
ule expire during the currency of the Agreement, the Owner shall pro-
vide to the Town at least 30 days in advance of the expiry date of that
security, a further security to take effect upon the expiry.
(2) Such further security shall be to the satisfaction of 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 any further security.
17.
TREE PLANTING
(1) The Owner shall plant on the boulevard of the road trees of a size,
numl~er and type acceptable to the Town.
(2) A schedule of the Owner's tree planting scheme shall be approved by the
Town's Director of Planning prior to the planting of any trees.
(3) A list of acceptable tree species and sizes will be provided.
(4) The trees approved by the Town shall be planted by the Owner no more
than six months after final grading is done in the specified area.
18.
NOTICE
Any notice required to be given hereunder may be given by registered mail
addressed to the other Party at its principal place of business and shall be
effective as of the second day immediately following the date of the deposit
thereof in the Post Office.
B - 7
SCHEDULE C
No development, including redevelopment, shall be undertaken on the Area
until,
(a)
plans showing the location of all buildings and structures existing or to
be erected and showing the location of all facilities and works to be
provided in conjunction therewith and of all facilities and works required
under section 2 hereof, and
(b)
drawings showing plan, elevation and cross-section views for each com-
mercial building to be erected which drawings shall be sufficient to dis-
play,
(i) the massing and conceptual design of the proposed building;
(ii)
the relationship of the proposed buildings to adjacent buildings,
streets and exterior areas to which members of the public have
access; and
(iii)
the provision of interior walkways, stairs and escalators to which
members of the public have access from streets, open spaces and
interior walkways in adjacent buildings,
have been submitted to the Town and approved by the Town's Director of
Planning.
(1)
(2)
As a condition to the approval of the plans and drawings referred to in
section 1, above, the Town may require the Owner to provide to the
satisfaction of and at no expense to the Town any or all of the following:
(a)
facilities to provide access to and from the Area, such as access
ramps, curbs and traffic direction signs;
(b)
off-street vehicular loading and parking facilities, covered or
uncovered, access driveways, including driveways for emergency
vehicles, and the surfacing of such areas and driveways;
(c)
walkways, including the surfacing thereof, and all other means of
pedestrian access;
(d)
facilities for the lighting, including floodlighting of the Area or of
any buildings or structures thereon;
(e)
wails, fences, hedges, trees, shrubs or ether groundcover or
facilities for the landscaping of the Area or the protection of
adjoining land;
(f)
vaults, central storage and collection areas and other facilities
and enclosures for the storage of garbage and other waste mater-
ial;
(g)
easements conveyed to the Town for the construction, maintenance
or improvement of watercourses, ditches and land drainage works
on the Area; and
(h)
grading or alteration in elevation or contour of the land and
provision for the disposal of storm, surface and waste water from
the Area and from any buildings or structures thereon.
As a further condition to the approval of the said plans and drawings,
the Town may require the Owner to maintain, to the Town's satisfaction
and at the sole risk and expense of the Owner, any or all of the facilities
or works mentioned in subsection (1), above, including the removal of
snow from access ramps and driveways, parking and loading areas and
walkways.
C-1
SCHEDULE C (Cont'd)
(3)
For the purpose of guaranteeing the maintenance, by the Owner, of any
works and facilities required to be maintained pursuant to a condition o~
approval imposed under subsection (2), above, the Town may require the
Owner to provide, prior to the issuance of a building permit, security in
the form of an irrevocable letter of credit issued by a chartered bank in
Canada in an amount and for a term determined by the Town, which
security may be drawn upon by the Town in such amounts, and at such
times as the Town, in its sole discretion, deems advisable, should the
Owner fail to maintain the said facilities or works to the Town's satisfac-
tion.
Upon approval by the Town's Director of Planning of the plans and drawings
referred to in section 1, above, the proposed buildings, structures, facilities
and works shall be erected, constructed, installed and maintained in confor-
mance with the said plans and drawings, as approved.
If erection, construction or installation has not commenced within one year of
the date of approval of the plans and drawings referred to in section 2, the
approval shall become null and void and the plans and drawings must be re-
submitted for approval prior to any erection, construction or installation com-
mencing.
C -2
SCHEDULE A
A ~ l
SCHEDULE D
D - 1
SCHEDULE D
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CEMENT ~T TO ~ ~ED
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D-]