HomeMy WebLinkAboutBy-law 1326/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1326/81
Being a By-Law to authorize the execution of
a Subdivision Agreement between Bramalea
Limited and the Corporation of the Town of
Pickering respecting Part Lots 29 and 30,
Concession 1, Pickering (Draft Plan
18T-79085)
WHEREAS, Bramalea Limited proposes to subdivide and register
a plan of subdivision of Part Lots 29 and 30, Concession 1,
Pickering; and
WHEREAS, that proposal has been approved by the Council of
the Corporation of the Town of Pickering and the Minister
of Housing, subject to several conditions, one of which
requires the entering into of a satisfactory Subdivision
Agreement between Bramalea Limited and the Corporation of
the Town of Pickering;
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 Bramalea Limited and the Corpor-
ation of the Town of Pickering respecting the subdivision
of Part Lots 29 and 30, Concession 1, Pickering (Draft
Plan 18T-79085).
BY-LAW read a first, second and third time and finally passed
this 6th day of July , 1981.
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THIS AGREEMENT made in triplicate this day of , 1981.
B E T W E E N:
BRAMALEA LIMITED
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 -
hereinafter called the "Encumbrancers"
OF THE THIRD PART.
WHEREAS, the Owner proposes to subdivide Part of Lots 29 and 30,
Concession 1, in the Town of Pickering in the Regional Municipality of
Durham, and with the consent of the Encumbrancers, to register a plan
of subdivision of those lands, as shown on a draft plan of subdivision
prepared by J. D. Barnes Limited, Ontario Land Surveyors, designated as
Draft Plan Number 18T-79085 (Revised); 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 the said proposed plan of subdivision, and the
covenants hereinafter expressed, the Parties hereto covenant and agree
one with the other as follows:
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PART 1 - PROPERTY DESCRIPTION
1. LAND AFFECTED
The lands affected by this Agreement 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
Municipality of Durham and Province of Ontario and being composed
of those parts of Lots 29 and 30, Concession 1, Pickering, desig-
nated as Parts , on a plan of reference deposited in the
office for the Registry Division of Durham (No. 40) as
Plan No. 40R-
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PART 2 - SERVICES
2
3
4.
OWNER'S GENERAL UNDERTAKING
The Owner agrees to complete at its own expense and in a good
workmanlike manner, for the Town, all the municipal services as
hereinafter set forth to the satisfaction of the Director of
Public Works for the Town of Pickering, and to complete, perform
or make payment for such other matters as may be provided for
herein.
CONSULTING ENGINEERS
(1) The Owner agrees to retain a Professional Engineer as the
Consulting Engineer of the Owner to carry out all the necessary
engineering and supervise generally the work required to be
done for the development of the subdivision.
(2) Such Consulting Engineer, or any successor thereto, shall
continue to be retained until the work provided for in this
Agreement is completed and formally accepted by the Town.
STORM SEWERS
(1) The owner agrees to construct a complete storm system including
storm connections to the street line and catch basin leads to
service all the lands in the plan of subdivision and adjacent
road allowances and to provide capacity for lands upstream of
the plan of subdivision, 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 to maintain
them, including clearing any blockages or debris from whatever
cause, until they are formally accepted by the Town.
(2) Such sewers shall be constructed to an outlet or outlets
according to designs approved by the Director of Public Works
and shall be of sufficient size and depth and at locations
either within or outside the lands affected hereby to service
the plan of subdivision and the aforementioned lands outside
the plan of subdivision, which in the opinion of the Director
of Public Works, will require their use as trunk outlets.
(3) Should, in the opinion of the Director of Public works, an
inadequate stream or structure exist in the outlet system
outside the plan of subdivision, the Owner may be required to
carry out such works as are necessary to provide adequate
outlets.
(4) The Town may connect or authorize connection into any part of
the system but such connection shall not constitute acceptance
of the sewer system by the Town.
(5) No connection
or authorized
system by the
under subsection 4, above, shall be undertaken
prior to preliminary acceptance of the sewer
Town except in an emergency.
5. ROADS - ROUGH GRADE
(1) Prior to the installation or construction of the relevant
municipal services provided for herein, the Owner agrees to
rough grade to the Town's specifications to the full width,
the proposed road allowances shown on the plan of subdivi-
sion.
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PART 2 - SERVICES (Cont'd)
5
6
ROADS - ROUGH GRADE (Cont'd)
(2) The owner further agrees to keep all boulevards clear and free
of materials and obstructions which might interfere with the
installation of electric, telephone, gas or other utilities.
ROADS - PAVED
(1) The owner agrees to construct the roads shown on the plan of
subdivision according to the specifications for paved roads of
the Town in effect at the date hereof and to reconstruct to the
same specifications all of Rail Crescent except,
(a) that part of the northerly east-west portion being east of
the southerly extension of Block 130-1;
(b) that part of the southerly east-west portion being east of
the southerly extension of Block 132-1; and
(c) that part of the north-south portion being between Block
111-1 and Block 124-1.
7.
(2) The specifications for boulevard grading and sodding shall
apply to existing roads adjacent to the plan of subdivision.
(3) The owner covenants and agrees that, until assumption by the
Town, it will maintain and repair roads both within and outside
the plan of subdivision where construction has taken place or
that are used by construction traffic entering the plan of
subdivision and keep such roads clear of dust, refuse, rubbish
or other litter of all types.
(4) The Owner will erect and maintain adequate signs to warn all
persons using the roads in the plan of subdivision that the
maintenance of them has not been assumed by the Town from the
time that they are opened until formal assumption by the Town.
(5) Such signs and the location thereof are subject to the approval
of the Town's Director of Public Works.
CURBS & GUTTERS
(1) The owner agrees to construct curbs and gutters on the roads to
be constructed or reconstructed pursuant to section 6, above,
according to the specifications of the Town in effect at the
date hereof and to maintain them until they are formally accep-
ted by the Town.
(2) If any curb depressions are not located correctly with respect
to a driveway, the Owner shall construct a curb depression in
the correct location and fill in the original curb depression
according to the said specifications.
8. SIDEWALKS
The Owner agrees to construct a sidewalk,
(a) on both sides of Foxwood Trail and that part of the north-south
portion of Rail Crescent to be re-constructed, except that no
sidewalk shall be required on the west side of Rail Crescent
south of Lot 46-1 nor on the east side of Rail Crescent between
Block 123-1 and Lot 101-1;
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PART 2 - SERVICES (Cont'd)
8. SIDEWALKS (Cont'd)
(b) on the north side of Flavelle Court, as widened;
(c) on both sides of Bayfield Street;
(d) on the north side of the east-west portion and the west side of
the north-south portion of Weyburn Square;
(e) on the south side of the east-west portion of Rail Crescent;
(f) on that part of Weyburn Square immediately adjacent to Lot 7-1;
(g) on that part of Bellingham Crescent adjacent to Lots 16-1 to
29-1, inclusive;
(h) on that part of Ridgewood Square adjacent to Lots 48-2 to 59-2,
inclusive, Lots 70-2 to 80-2, inclusive, and the south side of
Lot 81-2;
(i) on that part of Laurier Crescent adjacent to Lot 148-2; Lots
122-2 to 135-2, inclusive; and Lots 142-2 and 143-2;
(j) on that part of Braeburn Crescent adjacent to Lots 12-2 to 27-
2, inclusive, and Block 155-2;
(k) on that part of Beckworth Square adjacent to Blocks 112-1 to
116-1, inclusive, and the north side of Block 119-1;
(1) on the west side of White's Road from the bridge over the
Canadian National railway north to the north limit of Block
139-1 except between Blocks 138-1 and 141-1;
(m) on the east side of Rosebank Road from the bridge over the
Canadian National railway north to the north limit of Block
159-2,
as illustrated on the sketch attached hereto as Schedule "E",
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.
9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE &
STREET LIGHTING
(1) Underground electric distribution shall be provided for all
residential lots and blocks within the plan of subdivision
according to the standards and specifications of Pickering
Hydro-Electric Commission.
(2) Cable television services shall be provided for all residential
lots and blocks within the plan of subdivision according to the
standards of Pickering Cable T.V. Limited.
(3) The Owner agrees to pay all costs of installation of street
lighting, including poles and other necessary appurtenances for
the lighting of all streets including boundary roads and
pedestrian walkways on the plan.
(4) The lighting shall be designed and installed in accordance with
standards established by the Town and in conformity with the
Association of Municipal Electrical Utilities Guide to Muni-
cipal Standard Construction.
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PART 2 - SERVICES (Cont'd)
9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE &
STREET LIGHTING (Cont'd)
(5) The installation of all works provided for in this section
shall be constructed under the supervision and inspection of
Pickering Hydro-Electric Commission and Pickering Cable T.V.
Limited, as the case may be.
10. INSPECTION OF WORK
(1) All works required to be constructed by the owner, except
those referred to in section 9, above, shall be installed
under the observation of Inspectors employed by the Town and
the Owner agrees to pay the costs incurred therefor within
thirty (30) days of invoices being rendered.
(2) 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.
11. LIABILITY INSURANCE
(1) Before commencing any of the work provided for herein, the
Owner shall supply the Town with a Liability Insurance Policy
in 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
in the plan of subdivision.
(2) The amount of the said Policy shall be $1,000,000.
(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 agrees
to pay the cost of such renewal or renewals within thirty
(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.
12. PERFORMANCE & MAINTENANCE GUARANTEE
(1) Before commencing any of the work provided for herein, the
Owner shall supply the Town with a 100% performance and main-
tenance security in a form satisfactory to the Town and in an
amount established by the Director of Public Works to guaran-
tee the workmanship and materials for a period of two (2)
years from the date that the said works are completed and
such completion acknowledged, in writing, by the Director of
Public Works.
(2) Such performance and maintenance security may, at the option
of the owner, be made up of cash, irrevocable letter of
credit, or a combination thereof.
(3) The Owner may, from time to time, apply for a reduction in
the security and such application shall be made to the Town
Treasurer.
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PART 2 - SERVICES (Cont'd)
12. PERFORMANCE & MAINTENANCE GUARANTEE (Cont'd)
(4) Upon written verification from the Director of Public Works
that the services 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 ten per cent (108) of the original value, which ten per
cent portion shall apply as the security for maintenance
until the obligation to maintain has expired, when the balance
of the security shall be returned to the Owner subject to any
deductions for maintenance purposes.
(5) 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.
13. DRAINAGE - SODDING
(1) The Owner agrees to provide the Town, before commencing any
of the work provided for herein and.prior to the commencement
of the development of the plan of subdivision, with a Grading
Control Plan prepared by the Owner's Consulting Engineer,
establishing the proposed grading of the lands to provide for
the proper drainage thereof and the drainage of all adjacent
lands which drain through the plan of subdivision.
(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 and the Metropolitan Toronto and
Region Conservation Authority.
(3) The grading of all lands shall be carried out by the Owner in
accordance with the Grading Control Plan, under the super-
vision of the Owner's Consulting Engineer.
(4) If, in the opinion of the Director of Public Works, drainage
problems occur prior to formal acceptance of the works in the
plan of subdivision by the Town, the Owner agrees to correct
them by re-grading or by the construction of catch basins,
swales or other structures as may be necessary to correct
such problems.
(5) The Owner agrees to sod the front, side and rear yards of
each of the lots and blocks except for paved, planted or
treed areas, upon the completion of the construction of
buildings thereon.
14. 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 work in
connection with this Agreement 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 Agreement 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 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 Agreement, then
in any such case, the said Director of Public Works shall
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PART 2 - SERVICES (Cont'd)
14. INCOMPLETED OR FAULTY WORK (Cont'd)
promptly notify the Owner and his surety in writing of such
default or neglect and if such notification be without effect
within ten (10) clear days after such notice, then in that
case, the Director of Public Works shall thereupon have full
authority 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.
(2) In cases of emergency, in the opinion of the Director of
Public Works, such work may be done without prior notice but
the Owner shall be forthwith notified.
(3) The cost of such work shall be calculated by the Director of
Public Works whose decision shall be final.
(4) It is understood and agreed that such costs shall include a
management fee of twenty per cent (208) of the labour and
material value, and further, a fee of thirty per cent (308) 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.
15. DEDICATIONS
The Owner shall dedicate as public highway, upon the registration of
the final plan, or convey, free and clear of all encumbrances,
within the thirty (30) days immediately following the registration
of the final plan, the lands indicated in Column I of the following
Table to the respective authority named in Column II of the Table:
Table
Column I Column II
Foxwood Trail The Corporation of the Town
of Pickering
Flavelle Court The Corporation of the Town
of Pickering
Bayfield Street The Corporation of the Town
of Pickering
Birchwood Court The Corporation of the Town
of Pickering
Weyburn Square The Corporation of the Town
of Pickering
Bellingham Crescent The Corporation of the Town
of Pickering
Ridgewood Square The Corporation of the Town
of Pickering
Laurier Crescent The Corporation of the Town
of Pickering
Newmark Place The Corporation of the Town
of Pickering
Braeburn Crescent The Corporation of the Town
of Pickering
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PART 2 - SERVICES (Cont'd)
15
DEDICATIONS (Cont'd)
Column I
Beckworth Square
Column II
The Corporation of the Town
of Pickering
16. TRANSFERS - CONVEYANCES
(1) The owner shall convey free and clear of all encumbrances, at
no cost to the Grantee, upon the registration of the plan or
within the thirty (30) days immediately following the reg-
istration of the final plan, the lands indicated in Column I of
the following Table to the respective authority named in Column
II of the Table:
Table
rnlmmn T
Blocks 112-1 & 113-1
(Walkways)
Block 127-1
(Future Road)
Block 129-1
(Reserve - Foxwood Trail)
Blocks 130-1, 131-1,
132-1, 133-1, 145-1,
146-1
(Reserves - White's Road)
rnlmmn TT
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Regional Municipality
of Durham
Blocks 137-1, 138-1,
139-1, 141-1
(Widenings - White's Road)
Blocks 134-1 & 135-1
(Reserves - Bellingham
Crescent)
Blocks 136-1, 142-1,
143-1, 143-1, 144-1
(Widenings - Rail Crescent)
Block 140-1
(Widening - Flavelle Court)
Blocks 158-2 & 159-2
(Widening - Rosebank Road)
Blocks 160-2 & 161-2
(Reserves - Laurier
Crescent)
Blocks 162-2, 163-2, 164-2
(Reserves - Rosebank Road)
The Regional Municipality
of Durham
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
The Corporation of the Town
of Pickering
(2) Notwithstanding the provisions of subsection (1), above, a
transfer required therein shall not be deemed to be subject to
an encumbrance if that encumbrance relates in any way to the
existence or maintenance of a public utility in operation as of
the date of this Agreement.
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PART 2 - SERVICES (Cont'd)
17
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TRANSFERS - EASEMENTS
(1) The Owner shall arrange at no cost to the Town for granting to
the Town such easements as the Director of Public Works or his
designate shall deem necessary for the provision of storm sewer
services both within the boundaries of the plan of subdivision
and across lands adjacent thereto but outside its boundaries.
(2) Such easements shall be subject to the approval of the Director
of Public Works or his designate as to their location and
width.
(3) The construction of any services in such easement or easements
shall not commence until the easement has been acquired,
unless permission to do so has been obtained by the Owner, in
writing, from the Town and from the registered owner of the
lands across which the easement shall lie.
STREET NAMING
The Owner shall name, on the final plan, the streets indicated in
Column I of the following Table, with the respective names set out
in Column II of the Table:
Table
19
Column I Column II
Street A Foxwood Trail
Street B Flavelle Court
Street C Bayfield Street
Street D Birchwood Court
Street E Weyburn Square
Street F Bellingham Crescent
Street G Ridgewood Square
Street H Laurier Crescent
Street J Newmark Place
Street K Braeburn Crescent
Street L Beckworth Square
SERVICE CAPACITY
This Agreement shall be subject to the Owner entering into satis-
factory arrangements with the Town and the Regional Municipality of
Durham with respect to the allocation of sewage treatment plant
capacity and water capacity for the development.
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PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave all driveway approaches 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 contin-
uation 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 the actual con-
struction of roads in the plan of subdivision 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 subclause (i), above.
(iii) That there shall be no burning of refuse or debris
upon its lands or any public lands.
(d) Construction Traffic
wherever possible, to ensure that construction traffic serving
the development of this plan does not use roads, in this plan
or adjacent plans, having occupied residential units fronting
thereon.
(e) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or quanti-
tative tests made of any materials which have been or are
proposed to be used in the construction of any services required
by this Agreement, and the cost of such tests shall be paid by
the owner within thirty (30) days of the account being rendered
by the Town.
(f) Relocation of Services
(i) To pay the cost of relocating any existing services and
utilities caused by the subdivision work within thirty
(30) days of the account for same being rendered by the
Town.
(ii) Similarly to pay the cost of moving any services or
utilities installed under this Agreement in driveways or
so close thereto, in the opinion of the Director of
Public Works, as to interfere with the use of the drive-
way.
(g) Specifications
Unless otherwise provided, to perform any work required to be
done under this Agreement to the specifications of the Town in
effect at the date hereof.
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PART 2 - SERVICES (Cont'd)
20. GENERAL PROVISIONS - SERVICES (Cont'd)
(h) 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 designated by the Director of Public Works.
(i) Permanent Signs
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 designated by the Director of Public Works.
(j) Engineering Drawings
Prior to the final acceptance of the subdivision, to supply the
Town with the original drawings of the engineering works for
the plan of subdivision, with amendments, if any, noted thereon.
(k) 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 such roads from
such occupied buildings to existing Town roads or to
subdivision roads that receive the Town's winter control
service, including alternate means of access where
available.
(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 roads are acceptable
to the Director of Public Works for winter control.
(1) Survey Monuments & Markers
Prior to the acceptance of the subdivision by the Town, to
supply a statement by an Ontario Land Surveyor that, after the
completion of the subdivision work, he has found all standard
iron bars as shown on the registered plan, and survey monuments
at all block corners, the ends of all curves, other than corner
roundings and all points of change in direction of streets on
the registered plan.
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PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS
21. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) The Owner agrees that no building permit shall be issued for
any building or part of a building in the subdivision until
sewer and water facilities are available, and in the opinion
of the Director of Public Works, capable of providing ade-
quate service.
(2) The Owner further agrees that no building or part of a build-
ing in the subdivision shall be occupied except upon the
issuance of a municipal occupancy permit.
(3) It is agreed that no application for a municipal occupancy
permit for a building or part of a building shall be made
except upon the following conditions:
(i) Sewer and water facilities are installed and in opera-
tion 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 maintained 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 constructed on the said road and
extend to an existing maintained public road.
(4) (a) The Owner agrees with the Town that should any building
or part thereof in the plan of subdivision be occupied
without the prior issuance of a municipal occupancy
permit, then in that event, the Owner shall pay to the
Town, the sum of $1,500 for each building or part
thereof so occupied as liquidated damages therefor.
(b) The issuance by the Town of municipal occupancy permits
for each and every building on any lot or block in the
plan of subdivision shall be deemed to be a release from
the provisions of this subsection with respect to that
lot or block.
(5) The Owner further covenants and agrees to maintain vehicular
access to all occupied buildings in the plan of subdivision,
until the roads are formally assumed by the Town, and further
agrees to obtain similar covenants from any subsequent owner
of any of the lands in the said plan.
22. TIME LIMIT FOR CONSTRUCTION
(1) The Owner agrees to construct or cause to be constructed, in
the plan, three hundred and seventy-one (371) housing units,
all of which shall be completed within two (2) years of the
date of registration of the plan.
(2) In the event that more or less than three hundred and seventy-
one (371) housing units are to be constructed in the plan, an
amendment to this Agreement shall be required.
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PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd)
23. DESIGN PLANNING
(1) (a) The owner agrees that, prior to the issuance of any
building permit for the construction of any residential
unit on the lands, it shall submit to the Town's Direc-
tor of Planning, for approval, a report outlining siting
and architectural design objectives for the subdivision.
(b) This report may be required, at the Director's option,
to provide the following information:
(i) house massing;
(ii) streetscape;
(iii) exterior materials and colours;
(iv) architectural style;
(v) visual variety;
(vi) energy conservation measures; and
(vii) any other data or information required.
(2) (a) The Owner further agrees that, prior to the issuance of
any building permit for the construction of a residen-
tial unit to be erected on the lands, it shall submit to
the Director, for approval, site plans and architectural
drawings for that unit.
(b) These plans and drawings may be required, at the Direc-
tor's option, to provide the following information:
(i) the location of all buildings and structures to
be erected and the location of all facilities and
works associated therewith;
(ii) the location of landscaping features, including
trees to be preserved;
(iii) streetscape for front and rear elevation at a
scale acceptable to the Director;
(iv) streetscape to show all street furniture and veg-
etation;
(v) the relationship of buildings by blocks; and
(vi) any other data or information required.
- 15 -
PART 4 - FINANCIAL MATTERS
24
25
26.
FINANCIAL PAYMENTS
(1) The Owner agrees to pay to the Town a unit levy in the amount
of $1,500 per unit, for each dwelling unit for which a build-
ing permit is received.
(2) No building permit shall be issued for any dwelling unit
unless payment of the unit levy shall have been made in
advance of the issuance of such permit with respect to such
dwelling unit.
(3) Payments of such levies shall be made to the Town from time
to time as building permits are required.
(4) In any event, the Owner shall pay all levies due under the
provisions of this section in full, no later than eighteen
(18) months from the date of registration of the plan.
(5) A letter from the Clerk of the Town advising that the unit
levy has been paid shall be deemed to be a release of this
section for the lands referred to in the said letter.
LETTER OF CREDIT
The Owner shall, immediately prior to the registration of the
plan, deposit with the Town, an irrevocable bank letter of credit
payable to the Town, in a form satisfactory to the Town, for the
sum of $556,500 as security for:
(a) the payments referred to in section 24 hereof; and
(b) the payment of liquidated damages referred to in subsection
(4) of section 21 hereof.
GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands included in the
said plan of subdivision, as required by law from time to
time.
(b) Local Improvements
Prior to the release of the plan for registration, to prepay
any outstanding local improvement charges which are levied
against any of the lands in the said plan of subdivision.
(c) 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.
(d) Registration Fees
To pay all registration costs incurred by the Town relating
in any way to the registration of the plan of subdivision or
any other related documentation, including transfers, in the
Land Titles office.
- 16 -
PART 4 - FINANCIAL MATTERS (Cont'd)
26. GENERAL PROVISIONS - FINANCIAL MATTERS (Cont'd)
(e) Lien or Other Claims
Upon applying for financial acceptance of the subdivision, 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 such work done or material supplied for or on
behalf of the owner in connection with the subdivision, or if
such claims do exist, the Owner agrees to indemnify the Town
against all claims, actions or demands for mechanics' liens
or otherwise and all costs in connection therewith.
27. EXPIRY OF SECURITIES
(1) The owner further agrees that should any security required to
be given under the terms of this Agreement expire during the
currency of the Agreement, the Owner shall provide to the
Town at least thirty (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 pur-
poses as any further security.
28. TERMINATION OF LEVY/OCCUPANCY SECURITY
(1) The letter of credit required to be deposited with the Town
pursuant to the provisions of section 25, above, may only be
terminated or cancelled by the owner after the Municipal
Occupancy Permit for the last residential building or part
thereof to be constructed on these lands has been issued by
the Town.
(2) Notwithstanding the provisions of subsection 1, the owner
may, from time to time, apply to the Town Treasurer for a
reduction in the amount of the letter of credit referred to
in subsection 1, as Municipal Occupancy Permits are issued.
- 17 -
PART 5 - PARKS & TREES
29. PROVISION OF PARKLAND
(1) The owner shall convey to the Town, free and clear of all
encumbrances, at no cost to the Town, upon the registration of
the plan or within thirty (30) days thereof, all of Block 155-
2, and the Town hereby agrees to accept same in full satis-
faction of the owner's obligation to convey parkland to the
Town.
(2) The Town acknowledges that, in the conveyance of Block 155-2,
the Owner is providing 0.142 hectares of parkland in excess of
the parkland required, and that this excess shall stand to the
credit of the owner for future parkland requirements in resi-
dential subdivisions in the Town.
30. FENCING
(1) The owner shall erect, upon the completion of final lot grading
and seeding or sodding the lands in the subdivision, a perman-
ent fence of nine (9) gauge, galvanized steel link fencing,
having 0.05 metre mesh, 1.8 metres high,
(a) on Blocks 130-1, 131-1, 132-1 and 133-1, adjacent to
Blocks 139-1, 141-1, 138-1 and 137-1, respectively;
(b) across the easterly ends of the east-west portion of Rail
Crescent and Flavelle Court, as widened;
(c) along the northerly and southerly boundaries of Blocks
112-1 and 113-1;
(d) along the northerly and easterly boundaries of Block 155-2
and along the boundary of Block 155-2 adjacent to Lots 16-
2 and 17-2;
(e) along the northerly boundary of the subdivision adjacent
to Lots 1-2 to 16-2, inclusive;
(f) on Blocks 162-2, 163-2 and 164-2 adjacent to Blocks 158-2
and 159-2; and
(g) along the entire southerly boundary of the subdivision.
(2) The fencing required to be constructed pursuant to subsection
(1), above, shall be constructed so as to meet or exceed the
requirements for swimming pool enclosures as set out in Part II
of the Town's By-Law 425/76, as amended from time to time, or
any successor thereto.
(3) The Owner shall further erect, at the time the fencing referred
to in subsection (1) is erected, vehicle barriers on,
(a) Blocks 112-1 and
(b) Block 129-1;
(c) Blocks 134-1 and
(d) Blocks 160-2 and
such barriers to be c,
tions therefor and to
Public Works.
113-1;
135-1; and
161-2,
Dnstructed in accordance with specifica-
the satisfaction of the Director of
- 18 -
PART 5 - PARKS & TREES (Cont'd)
31. DRAINAGE ONTO OPEN SPACE/PARKLAND
(1) The owner shall ensure that the lands within the subdivision
do not drain surface run-off water onto Town owned parkland,
open space or walkways.
(2) Where this is not possible, the Owner shall install within
the parkland, open space or walkways, as the case may be, at
a distance no greater than six (6) metres from the property
line, suitable swales and catch basins to adequately manage,
in the opinion of the Director of Parks and Recreation, all
surface run-off water, draining onto the parkland open space
or walkways from the lands within the subdivision.
32. LANDSCAPE PLANNING
(1) The Owner agrees that prior to the issuance of building per-
mits for any of the units to be erected on the lands, it
shall submit a landscaping plan for all of the lots and
blocks on the plan to the Town for approval.
(2) The Owner further agrees that upon approval by the Town of a
landscaping plan, the landscaping works shown on the plan
shall be constructed, installed or planted, as the case may
be, in conformance with the landscaping plan according to the
time limits set out in Schedule "A".
33. TREE PLANTING
(1) The owner shall plant on the lands, trees of a size, number
and type acceptable to the Town.
(2) A schedule of the owner's tree planting scheme shall be
approved by the 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 (6) months after final grading is done in
the specified area.
(5) (i) The Owner shall provide at least one (1) tree per
residential unit in the subdivision.
(ii) Where the density is too great to enable this quota to
be met, the Owner shall provide $50 per unit for tree
planting in a public land area within the community in
which the plan is located.
34. TREE PRESERVATION
(1) The Owner agrees to retain, at its own expense, a qualified
expert in order to determine which of the existing trees
shall be preserved.
(2) The aforementioned qualified expert shall prepare a Tree
Preservation Program, which program shall be submitted to the
Director of Planning and shall not be put into effect until
it has received the approval of the Director of Planning.
- 19 -
PART 5 - PARKS & TREES (Cont'd)
34. TREE PRESERVATION (Cont'd)
(3) In determining whether or not to approve the Tree Preserva-
tion Program, the Director shall be governed by the Town Tree
Preservation Guidelines in effect as at the date hereof.
- 20 -
PART 6 - GENERAL PROVISIONS
35. LICENCE TO ENTER
36.
37
38.
The owner agrees with the Town to retain a licence from any sub-
sequent purchaser of the aforesaid lands to enter upon such lands
in order to comply with the provisions of this Agreement.
CANCELLATION OF AGREEMENT
In the event the complete plan of subdivision is not registered on
or before December 31st, 1982, the Town may, at its option on one
month's notice to the Owner, declare this Agreement to be null and
void with respect to any unregistered portion of the plan.
NOTICE
Any notice required to be given hereunder
tered mail addressed to the other Party at
business and shall be effective as of the
following the date of the deposit thereof
ENCUMBRANCERS
may be given by regis-
its principal place of
second day immediately
in the Post Office.
The Encumbrancers agree with the Town that this Agreement shall
have priority over and take precedence over any rights affected
hereby, 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.
39. INTERPRETATION
(1) Whenever in this Agreement reference is made to any specific
lot or block by number, and such reference contains a hyphen
(e.g. Block 277-2), the number preceding the hyphen shall
refer to the lot or block designation and the number follow-
ing the hyphen shall refer to the phase number.
(2) Whenever in this Agreement the word "Owner" and the pronoun
"it" is used, it shall be read and construed as "Owner or
owners" and "his", "her" or "their", respectively, and the
number of the verb agreeing therewith shall be construed
accordingly.
(3) The provisions in Schedules "A", "B", "C", "D" and "E",
attached hereto, shall form part of this Agreement.
40. TIME
Time shall be of the essence of this Agreement.
41. BINDING PARTIES
This Agreement and everything herein contained shall enure to the
benefit of and be binding upon the Parties hereto, their succes-
sors and assigns.
PART 6 (Cont' a)
IN WITNESS WHEREOF, the said Parties have hereunto affixed their
Corporate Seals attested to by the hands of their proper officers in
%?at behalf fully authorizod.
> Cqt''D, !,tAT,ED k DFI-1Vi5P,,,)
BRAMALEA LIMITED
-----,-. - ----- -
Vice-P-reside-nt
Vice-
Vice Pr;?si9e?it
THE CUi<YOf?;a'7I??L if PhE TOWN OF PICKERING
Mayor
Clerk
SCHEDULE "A"
1.
TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
(1) Save as herein otherwise provided, the owner agrees to com-
plete the works required under this Agreement within the time
limits specified in the Table set out below and to guarantee
the workmanship and materials for a period of two (2) years
from the date that the said works are approved in writing by
the Director of Public Works, the Director of Parks and
Recreation, or the Director of Planning, as the case may be.
(2) Any works other than that specifically provided for in the
Table shall be completed within the time limit provided for
therein for aboveground services.
Table
Works Time Limit For Completion
(a) Underground one year from the date of the
.Services registration of the final plan
of subdivision
(b) Aboveground Two years from the date of the
Services registration of the final plan
of subdivision
2.
4
TEMPORARY TURNING CIRCLES
Notwithstanding the provisions of sections 6, 7 and 8 of this
Agreement, the Owner shall construct, at its sole expense and to
the Town's specifications, a temporary turning circle,
(a) at the southerly ends of both north-south portions of Street
F;
(b) on Street H, adjacent to Block 160-2; and
(c) on Street H, adjacent to Block 161-2,
each of which shall be removed and replaced with permanent services
at the Owner's expense, when the roads are extended.
WALKWAY TREATMENT
The Owner agrees to construct a walkway,
(a) on Block 112-1, across its full width, from the curb on the
west side of Rail Crescent to the sidewalk on the east side
of Street L, and
(b) on Block 113-1, across its full width, from the sidewalk on
the west side of Street L to Block 155-2,
according to the specifications of the Town and to maintain such
walkways until they are formally accepted by the Town.
5. ROAD CLOSINGS
(1) Immediately following registration of the plan, the Owner
shall prepare, at its expense, and, following the approval
thereof by the Director of Public Works, shall register, at
its expense, reference plans of,
SCHEDULE "A" (Cont'd)
5. ROAD CLOSINGS (Cont'd)
(a) the easterly end of Flavelle Court, as widened;
(b) the easterly end of the east-west portion of Rail
Crescent;
(c) the southerly end of the north-south portion of Rail
Crescent; and
(d) that part of Rail Crescent, in the vicinity of Blocks
111-1 and 124-1, that should be closed to effect an
appropriate street pattern,
so that the Town may effect such road closings and transfers
as it deems appropriate.
(2) Upon the closing of any of the portions of Rail Crescent
referred to in subsection (1), the owner shall, at its sole
expense, install at the boundary of such closings, such
curbs, boulevards, sidewalks, vehicle barriers and fences as
the Town's Director of Public Works shall deem appropriate in
the circumstances; such installations shall be to the Town's
specifications in effect at the date hereof.
6. SOUTH BOUNDARY FENCING
In the event that the provisions of Schedule "C", section 3(2),
conflict with the provisions of section 30(1)(g) of this Agree-
ment, then the Owner shall not be required to comply with the
latter; however, section 30(2) shall apply to any fencing required
to be constructed under Schedule "C", section 3(2).
7. FUTURE DEVELOPMENT BLOCKS
The Owner hereby agrees that Blocks 111-1, 123-1, 124-1, 125-1,.
126-1, 128-1, 156-2 and 157-2 shall be held for future residential
development in conjunction with adjacent lands and that such
development shall not commence without the prior written approval
of the Town which approval may be granted subject to conditions,
one of which may require certain amendments to be made to this
Agreement.
SCHEDULE "B"
1.
INDUSTRIAL/COMMERCIAL COMPONENT
(1) The Owner shall construct within the Town of Pickering,
(a) industrial buildings having a total floor area of not
less than 34,465.9 square metres,
(b) commercial buildings having a total floor area of not
less than 22,111.6 square metres, or
(c) a combination of industrial buildings and commercial
buildings having a total floor area such that, for each
of the 371 residential units to be constructed pursuant
to the provisions of section 22(1) of this Agreement,
there shall be 92.9 square metres of industrial building
or 59.6 square metres of commercial building construc-
ted,
and, based on the Town's 40 (industrial) - 60 (residential)
and 30 (commercial) - 70 (residential) ratios, the owner
shall be entitled thereby to 371 credits upon which the same
number of residential building unit permits may be issued.
(2) The required industrial or commercial buildings shall be
completed according to the following time limits:
(a) on or before December 31st, 1984, sufficient industrial
buildings, commercial buildings, or a combination thereof,
to provide 217 residential building unit credits; and
(b) on or before December 31st, 1985, sufficient industrial
buildings, commercial buildings, or a combination thereof,
to provide the balance of the 371 residential building
unit credits referred to in subsection (1), above.
(3) For the purpose of determining the number of residential
building unit credits arising as the result of the construc-
tion of industrial buildings, commercial buildings, or a
combination thereof, the per unit requirements set out in
clause (c) of subsection (1) above, shall be used.
(4) If, on the 1st day of January in any year from, after and
including 1985, the required industrial or commercial build-
ings have not been constructed, then commencing in 1985, the
Owner shall pay annually to the Town on the 15th day of
January in each year, liquidated damages in the amount of
$350 for every 92.9 square metres or part thereof of the
required industrial or commercial buildings not constructed
on each January 1st.
(5) The Owner shall leave deposited with the Town, its perform-
ance guarantee in the amount of $650,000 to guarantee the
satisfactory completion of the required industrial or com-
mercial buildings on or before the dates set out in subsec-
tion (2), above, and to secure the payment of any liquidated
damages that may become payable under subsection (3), above.
(6) The Parties hereby acknowledge that the requirements set out
in subsection (1), above, relates only to the credits neces-
sary to effect the residential development of Lots 1-1 to
110-1, inclusive, and Blocks 114-1, 115-1, 116-1, 119-1, 120-
1, 121-1 and 122-1; should the ultimate development of other
blocks be residential, further credits may, at the Town's
option, be required.
SCHEDULE "C"
1. SPECIAL PROVISIONS
2.
RED BY THE MINISTER OF HOUSING
The sections set out in this Schedule represent provisions not
imposed by the Town but required to be inserted in this Agreement
by the conditions of draft approval, dated April 24th, 1981, of
Draft Plan 18T-79085 by the Minister of Housing and these sections
are not intended to bind the owner to the Town nor the Town to the
owner in any manner whatsoever and are not to be construed as
relating in any way to any of the other provisions of this Agree-
ment.
METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.")
- ENGINEERING & DRAINAGE REPORT
The owner shall,
(a) prior to final approval of this plan, prepare a detailed
Engineering and Drainage Report, acceptable to M.T.R.C.A.,
describing,
(i) the storm water management techniques which will be
employed to minimize the amount of storm water
directed into the small stream draining into French-
man's Bay;
(ii) the development and construction techniques and safe-
guards which will be used to control and minimize the
effects of erosion and siltation on the site prior to,
during and after the construction period; and
(iii) the means of handling the existing watercourses affec-
ting the site;
3.
(b) carry out, or cause to be carried out, the recommendations
referred to in the Report required in (a), respecting clauses
(i) and (ii) thereof; and
(c) prior to carrying out the work referred to in, the Report
required in (a), respecting clause (iii) thereof, obtain a
permit therefor from M.T.R.C.A. in accordance with Ontario
Regulation 735/73.
MINISTRY OF THE ENVIRONMENT ("M. O. E. " )
- NOISE ATTENUATION
(1) The Owner shall,
(a) prior to final approval of the plan, prepare a noise and
vibration report providing for intended noise attenua-
tion measures to the satisfaction of M.O.E.; and
(b) carry out, or cause to be carried out, such measures to
the satisfaction of M.O.E.
(2) The Owner, in consultation with Canadian National, agrees to
provide for the construction of a berm or combination of a
berm and noise attenuating fence along the southerly boundary
of the subdivision to reduce the impact of noise; such berm
and fence to be constructed to a height of at least 5.486
metres above the top of the nearest rail.
SCHEDULE "C" (Cont'd)
3. MINISTRY OF THE ENVIRONMENT ("M.O.E.")
- NOISE ATTENUATION (Cont'd)
(3) The Owner agrees that, in the event that a slight noise level
excess will remain, despite the implementation of the noise
control features, the following warning clause shall be
included in the registered portion of the subdivider's agree-
ment:
"Purchasers are advised that despite the inclusion of noise
control features within the development area and within the
individual building units, noise levels may continue to be of
concern, occasionally interfering with some activities of the
dwelling occupants."
4. MINISTRY OF EDUCATION
- NOTICE TO PURCHASERS RE TRANSPORTATION OF SCHOOL STUDENTS
The purchasers of the homes within the development shall be advised
in all Agreements of Purchase and Sale that, although there is a
proposed school site within the area, students from the subject
development may have to be transported to existing schools and
construction of a school may be delayed.
SCHEDULE "D"
1. PHASING
(1) It is acknowledged and agreed that the Owner shall develop
the plan of subdivision in two phases, as shown on Map I,
attached hereto.
(2) The phasing of the development shall include the phasing of
the registration of the plan and the phasing of the con-
struction of services.
(3) This Agreement shall be registered on title to all the lands
in the plan prior to the registration of the First Phase of
the Plan.
(4) (a) The First Phase of the plan shall be registered on or
before December 31st, 1981.
(b) The Second Phase of the plan shall be registered on or
before December 31st, 1982.
(5) The provisions of the sections set out in the following Table
shall be applicable to both Phases but shall only take effect
with respect to any Phase upon the registration of the plan
for that Phase.
Table
Sections 4, 5, 6, 7, 8, 9, 12, 13, 15, 16, 18, 20, 23, 24,
30, 32 and 33
Schedule "A" - Sections 1, 2, 3 and 4
Schedule "B" - Section 1
Schedule "E"
(6) The provisions of section 22 shall be applicable to all
Phases but shall take effect so as to require the housing
units to be completed as follows:
(a) two hundred and seventeen (217) units within 2 years of
the date of registration of Phase One; and
(b) a further one hundred and fifty-four (154) units within
2 years of the date of registration of Phase Two.
(7) The provisions of section 25 shall be applicable to all
Phases but shall take effect so as to require the security to
be provided as set out below:
(a) $325,500 prior to the registration of Phase One; and
(b) a further $231,000 prior to the registration of Phase
Two.
(8) (a) The provisions of section 29 shall be applicable to both
phases but shall take effect so as to require the con-
veyance to be made within thirty (30) days of the regis-
tration of Phase Two.
(b) In order to secure to
conveyance respecting
iately prior to the r,
One, deposit with the
credit, in the amount
factory to the Town.
the Town its right to a parkland
Phase One, the Owner shall, immed-
?!gistration of the plan for Phase
Town an irrevocable bank letter of
of $132,912.50, in a form satis-
nip } "i.' (?'cn_' d)
L. PHASING (Cont'd)
(c) In the event that the plan for Phase Two is not regis-
tered in accordance with subsection (4), above, the Town
may draw in full il):-, Li,e letter of credit for the
purpose of ,rov'.d'r pi,Rland f ? n}.i:?(, nne, without
pre]udi,',? o -I-.n ".v ,' s l L'jh1_ I.. ,Jrhl pie 3.L,),"k 155-2 as
set out 1, , seutio, .J.
(d) In the .. a:-(it hat B1,)ck 155-2 is conv,:yi.d Lo the Town on
or before inuary 30th, 1983, the Town shall be pre-
cluded from drawing upon the letter of credit and shall
surrender the letter of credit to the owner for cancel-
lation.
(9) The provisions of Schedule "B", section 1 shall be applicable
to all Phases but shall take effect so as to require the
security referred to in subsection 5, thereof, to be provided
as set out below:
(a) ?380,000 pri.oL I:o Ilse reuisi_racion of Phase One; and
a fi i r' he r r { h: ly?s.L-atJon of Phase
wo.
(10) the provision.-3 ?) the ?;ections set oi,'i in the following
shall be applicable to all Phases and shall take ofi"t;i.
the registration of this Agreement, subject to the „r??
of subsections (6), (7), (8) and (9) of this section..
Table
sections 1, 2, 3, 10, 11, 14, 17, 19, 21, ?9, 25, 25, ! i, zH,
29, 31, 34, 35, 36, 37, 38, 39, 40 and 41
$clLP_ 'A' - S C1.Lpns 5, 6 and
_ection 1
Schedule "C" - Sections 1, 2, 3 and 4
Schedule "D" - Section 1
Schedule "D" - Map I
SCHEDULE. "D" MP_P I
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