HomeMy WebLinkAboutBy-law 5050/97 BY' LAW
REPEALED BY
REPEALS .
AMENDED BY
AMENDS
DISPOSITION
THE CORPORATION OF THE TOWN OF PICKERINO ·
BY-LAW NO. 5050/97
Being a by-law to authorize the executkm of a SubdivL¥ion
.~greement and related documentation proposing to
subdivide part of Lot 32, Concession 1, Pickering (Rondev
Homes Ltd., Vincenzo, Lisa, Gabriele and Liliana Bianchi
Draft Plan 18T-89106).
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 32, Concession 1,
Pickering, has been approved by the Commissioner of Planning of the Regional Municipality of Durham as
Draft Plan 18T-89106, subject to several conditions, one of which requires the entering into of a satisfactory
Subdivision Agreement with The Corporation of the Town of Pickering, pursuant to the provisions of the
Planning Act, R.S.O, 1990, chapter P. 13 section 51 (6) and
WHEREAS, pursuant to the provision of the Municipal Act, R.S.O. 1990, chapter M.45, section 191 (I) the
Council of the Corporation of the Town of Picketing may pass by-laws for acquiring any land or interest
therein for the purposes of the corporation;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement substantially in
accordance with the form attached hereto as Schedule A. between Rondev Homes Ltd.; Vincenzo,
Lisa, Gabriele and Liliana Bianchi and The Corporation of the ]'own of Picketing, respecting the
development of Part Lot 32, Concession I, Picketing, being Draft Plan 18T-89106.
2. The Corporation of the Town of Picketing shall acquire those lands or interests in the lands referred
to in section 34 and identified in Schedule A of that Subdivision Agreement subject to the terms and
conditions and for the purposes set out therein.
3. The Mayor and Clerk are hereby authorized to execute Transfers/Deeds of Easement in the form
attached hereto as Schedule B, effecting the acquisition by The Corporation of the Town of
Picketing of any interests in land in the nature of storm drainage works easements respecting the
development of Draf~ Plan 18%89106.
BY-LAW read a first, second and third time and finally passed this 23rd day of June, 1997.
Way~yor
TOV',~ Or:' Bruce Taylor, Clerk
File: J 8T-89106
THIS SUBDIVISION AGREEMENT made June 23, 1997, pursuant to the provisions of section :51 of the P/a.,ing
AvL R,S.O. 1990, chapter P. 13,
BETWEEN:
RONDEV HOMES LTD.
- and -
VINCENZO BIANCHI, LIZA BIANCHI,
GABRIALE BIANCHI, LILIANA BIANCHI
herein collectively called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WI II'~RF. AS the Owner prolapses lo subdivide part o1' I,ol 32, Conccssi~n I, in the Town of I'ickering, in the
Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan of
subdivision designated as Draft Plan Number 18T-89106, and is required as a condition of approval thereof to enter
into a subdivision agreemcnt with the Town pursuant to sectic a 5 i of the Pianning,~ct, R.S.O. 1990, chapter P. 13;
NOW T!IEI[EFORE, TIllS AGREEMENT WITNESSETII Ti IAT, in consideration of thc Town consenting to lhe
registration of the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant
and agree one with the other as follows:
PART ! - INTERPRETING AND APPLYING THIS AGREEMENT
I. LAND AFFECTED
The lands affected b)~ this Agreement (the "Lands") are Lots I to 28, inclusive, and Blocks 29 and 32, Plan
40M- , Pickering.
2. STATUS OF THIS AGREEMENT
(i) in the event the plan of subdivision is not registered on or before February 23, 1998, this Agreement
shall be null and void and of no further effect, and the Town shall not be liable for any expenses,
costs or damages suffered by the Owner as a result thereof.
(2) This Agreement is entered into and executed by the Owner for the purpose of having the Town act in
reliance on the covenants by the Owner contained herein and the .- ..rNvner hereby waives any right or
claim which it now has or may hereinafter acquire which is inconsistent with the terms of this
Agreement.
INTERPRET,~TIQ.N.
(i) Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as "he", "she",
"they", "him".~ "her" or "them", and the number of' the verb agreeing therewith shall be construed
accordingly.
(2) Schedules A, B, C, D and E attached hereto shall Form part of this Agreement.
(3) Time shall be of' the essence of'this Agreement.
4. BINDING PARTIES
This Agreement shall be enforceable by and against the Parties hereto, their heirs, executors, administrators,
successors and assigns, and the Agreement and all the covenants by the Owner contained herein shall run
with the Lands for the benefit of the Town and the land or interests in land owned by the Town upon the
registration of the plan.
5. NOTICE
(I) Any notice required to bc given hereunder may be given by personal delivery or registered mail,
(a) in the case of the Owner, to
Rondev Homes L~d.
Unit 3
35 West Pearce Street
Richmond Hill, Ontario
L4B 3A9
and
Vincenzo, Liza, Gabriale, Liliana Bianchi
cio 110-1 West Pearce Streel
Richmond tlill, Ontario
L4B 3K3
and
(b) in Ihe case of the Town, to
The 'lbwn Clerk
The Corporation of the Town of Pickering
Picketing Civic Complex
One The Esplanade
Pickcring, Ontario
I.IV6K7
(2) Each Party may redcsignatc thc person or the address, or both, to whom or 1o which such notice may
be given by giving written noticc to thc other.
(3} Any m~licc given in accordance with this section shall be deemed to have been given on thc second
day following the day of delivery or the day of mailing, as the case may be.
6. LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, m enable
the Owner and thc Town's inspectors to enter upon the *~mds in order io comply with the provisions of this
Agreement.
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..
OWNER'S 0~NERA{L UNDERTAKINQ
The Owner shall complete in a good workmanlike manner for the Town, all the municipal services as
hereinatter set forth to the ~tisfaction of the Town, and ~hall complete, perform or make payment for such
other matters as may be provided for herein.
OWNER'S EXPENSE
Every provision of this Agreement by which the Owner is obligated in any way shall be deemed to include
the words "at the expense of the Owner and at no expense to the Town" unless the context requires
otherwise.
PART 2 - CONSTRUCTING THE TOWN'S SERVICES
9. CONSULTING ENGINEERS
(I) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out
all the necessary engineering and to supervise the work required to be done for the development and
construction of the project.
(2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work
required to be done for the development and construction of the project is completed and formally
accepted by the Town.
(3) The Owner may change from one Consulting Engineer to another at any time or times during the
development and construction of the project, so long as the Owner has a Consulting Engineer
retained at all times.
10. CONSTRUCTION / INSTALLATION OF TOWN WORKS AND SERVICES
(I) The Owner shall obtain all required approvals and shall construct or install to Town standards and
shall provide to the Town, complete in every detail, the following Town works and services (the
~Works") as shown on plans submitted by the Owner's Consulting Engineer to the Town and
approved by the Town's Director of Public Works in accordance with the Town's specifications for
such Works:
(a) Town roads within thc plan, complete with all signs and other appurtenances;
(b) Town roads adjacent to the plan and not separated from thc plan by a reserve or reserves,
complete with all appurtenances;
(c) removal and replaccmcnt of any temporary turning circle located immediately adjacent to the
plan on a Town road to bc extended into the plan;
(d) street storm sewers on roads referred to in (a) and (b), complete with curbs, gutters,
catchbasins and manholes;
(c) storm water drainage and management system serving thc lands in the plan and lands outside
thc plan but draining through the plan, complete with detention or retention facilities, quality
control devices and outlets;
**see Schedule D, Section 8. **
(0 boulevards and sidewalks on Town roads within the plan, on Town roads adjacent to the plan
but not separated from the plan by a reserve or reserves, and on Town roads to be extended
into the plan where the Owner is required to remove and replace a temporary turning circle;
3
(il) street lighting on Town roads within lhe plan, on Town roads adjacent to the plan but not
~eparated From the plan by a reserve or reserves, and on Town roads to be extended into the
plan where the Owner ia required to remove and replace a temporary turning circle;
(h) street [roe planting on Town roads within thc plan. on Town roads adjacent ,~ the plan but
not separated !mm the plan by a reserve or reserves, and on Town roads to be extended into
the plan where thc Owner is required to remove and replace a temporary turning circle;
(i) walkways on walkway blocks and park entrances, complete with walkway fencing and
lighting; and
(j) other fencing, including,
(J) fencing adjacent to commercial sites, school sites, parks, open space, storm water
management facilities and roads adjacent to thc plan and separated from the plan by
a reserve or reserves, and
(ii) noise attenuation fencing.
(2) If at any lime prior to thc acceptance of thc Works, the Town's Director of Public Works is of the
opinion that additional works are necessary to provide adequately any of the public services required
by the project, the Owner shall construct, install or perform such additional works at thc request of
thc Director.
(3) All Works shall be constructed and installed in accordance with the Town's specil~cations and in a
good and workmanlike manner under the supervision of thc Ownci',~ Consulting Engineer and under
the observation of thc Town's inspectors or, in thc case of street lighting, Pickcring Hydro's
inspectors.
(4) The Owner shall conduct video inspections of all underground services required to be constructed or
installed hereby and shall provide a VHS-Format videotape record of those inspections to thc Town.
(5) The Owner shall pay to thc Town the Town's costs of inspection, including but not necessarily
limited to, salaries and wages of inspectors, testing fees and administration Fees, within 30 days of'
invoices being rendered.
I I. GENERAL REGULATIONS RESPECTING SERVICING
(I) The construction of Town roads shall include the construction of paved driveway approaches
between the curb and sidewalk or, where no sidewalk is to be provided, between the curb and the lot
line.
(2) Where the construction or installation of services involves a continuation or extension of existing
services, the Owner shall join into the existing services, including adjustment of grades where
necessary, in a good and workmanlike manner.
(3) The Owner shall not dump nor permit to be dumped any flu or debris on, nor remove or permit to be
removed any fill from, any public lands, other than in the actual construction of roads in the project
witho~t the written consent of the authority responsible for such lands.
(4) The Owner shall not burn nor permit to be burned any refuse or debris within the project or adjacent
Io it.
(5) The Town's 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 or installation of any
services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30
days of invoices being rendered.
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(6) The Owner shall pay, within 30 days of invoices being rendered, the costs of,
(a) relocating any existing services or utilities required ~o be rclocalgd by thc construction or
installation of Works, services, or utilities in the project, and
(b) moving any Works, services or utilities installed in driveways or so close tbercto, in the
opinion or thc Town's Director of Public Works, as to interfere with thc usc of thc driveway.
(7) Unless otherwise provided herein, the Owner shall perform any work rcquircd to be done under this
Agrocment to the specifications o£thc Town in effect at thc date hereof.
(8) The Owner shall provide and erect temporary signs o£ such naturc and at such locations as
designated by thc Town's Director of Public Works~
12. ELECTRICAL SERVICES
Where electricity, cable television service or telephone service is to be provided to aqy lot or block in tile
project, it shall be provided underground and in accordance with thc slandards and specifications of
Picketing Hydro-Electric Commission, Trillium Cable T.V. Limited or Bell Canada, as thc case may be.
13. TREE INVENTORY / TREE I'RI~SERVA'I'ION PROGRAM
(I) The Owner shall submit a Tree Inventory and a Tree I'rcscrvation Program prepared by a qualified
expert, and based upon the Town-approved Grading Control Plan, indicatiug which existing trees in
the project may be preserved to the Town's Director of Public Works for the review and approval of
the Town's Director of Planning and Director of Parks and Facilities, and shall implement the
Program as approved only.
(2) tJntil thc Trec Preservation Program is approved tile Owner shall not commence, nor allow to be
commenced, any aspect of thc development of the lands in the project, including the removal of any
If ce.
(3) In tim event that any tree required to be preserved by thc approved Trcc I'rcscrvation Program is
removed or is, in thc opinion of the 'rown's Director of Parks and Facilities, damaged to such an
extent that its value or longevity is decreased or is likely to be decreased, ~.hcn the Owner shall
replace that tree with a tree of a height, diameter and species determined by thc Director; such
replacement shall be at no cost to thc Town.
(4) Thc Owner's liability under subsection (3) shall continue until,
(a} where the lands upon which the tree is located comprise a residential building lot or block,
twelve months after thc completion of the sodding on Ihc lot or block, or
(b) whcrc thc lands upon which thc tree is located compri.sc lauds c~thcr than a rcsidcmial
building lot, the issuance by the Town of thc Final Acceptance Certilicatc.
14. G~ADING CONTROL PLAN I LOT DRAINAGE AND SODDING
(I) The Owner shall submit to thc Town, for the approval of thc Town's Director of Public Works, a
Grading Control Plan (including a geoteclmical soils analysis) prepared by the Owner's Consulting
Engineer, establishing thc proposed grading of thc lands in thc project to provide for the proper
drainage thereof and the drainage ofali adjacent lauds which drain through thc lauds in the project.
(2} Thc Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage
Specifications and shall not provide for the drainage of surface run-off water onto Town-owned
pmkland, open space or walkways unless provision is made for thc installation by the Owner, at no
cost to the Town, of suitable swales and catch basins to manage adequately, in thc opinion of the
Town's Dircclor of Parks and Facilities, that surface run-off water.
(3) The Owner shall grade all the lands in the project in accordance with the approved Grading Control
Plan, ensuri~n8 that sufficient topsoil remains as cover on all an:as ot' the project inttndcd for
sodding, seeding, or other planting.
(4) If the Town determines that,
(a) grading has not been done in accordance with thc Grading Control Plan,
(b) grading has been done in accordance with thc Grading Control Plan but drainage problems
remain, or
(c) sufficient topsoil has not been left in the appropriate areas,
thc Owner shall re-grade thc project, or part thcrcol' al'G:cted, adding a sul'l~cicnt am(mm o1' top.~)il il'
necessary, or construct catch basins, swales or other structures as may be necessary to correct ~ ~ch
problems, as directed by thc Town's Director of Public Works.
(5) The Owner shall sod the front, side and rear yards of each of thc residential lots and blocks in the
project except for paved, planted or treed areas prioc to the occupancy of thc dwelling unit located
thereon or within thc six months immediately thereafter except, where the occupancy of the dwelling
unit occurs in November or Dcccn~ber or any year, thc time limit for sodding may be extended to
June 30 in the following year.
**See Schedule D, Section 6. **
AUTHORIZATION TO COMMENCE WORK
The Owner shall not commence the construction or installation of any of the Works without the written
Authorizaiion to Commence Work of the Town's Director o£ Public Works, which Authorization shall not be
issued until:
(a) four red-lined copies of this Agreement executed by the Owner and all Encumbrancers have been
provided to the Town to the satisfaction of the Town Solicitor;
all of the insurance requirements outlined in section 24 together with any securities required by this
Agreement have been provided to the satisfaction of the Town Treasurer and the Town Solicitor;
(c) all approvals and permits have been obtained by thc Owner from the Ministry of the Environment,
the Ministry of Natural Resources and the Metropolitan Toronto and Region Conservation Authority,
or a certificate has been provided by the Owner's Consulting Engineer that no such approvals or
permits are required, along with all approvals required by this Agreement;
(d) conveyance of good title, free and clear of al! encumbrances, to thc Town. of all necessary.
Easements and Transfers of interests in lands lying outside of the Lauds as identified in Schedule A:
(e) th~ Owner's Solicitor has provided, at the Owner's expense, a certificate of clear title, to the
satisfaction of the Town Solicitor, of ail the lands and inte~sts of lands conveyed to the Town, lying
outside of the lands, as set out in Schedule A hereto.
t6. USE OF WORKS PENDING COMPLETION / EMERGENCY REPAIRS
(!) Aey or the Works may be used by the Town, or by such other person~ or agency as may be authorized
by the Town's Director of Public Works, for the put;maes for which the Works are designed, and
tatch use d,all not be deemed an acceptance of any of the Works by the Town, nor an assumption by
the Town of any liability in connection therewith, nor a ~elease of the Owner from any of its
oblisations unde~ ~his AlpeemonL
(2) TI~ Town may make emer~aney repairs al any time to any of the Wodm and may for this ~
~ the Lands at any dina; suoh repair or ~ntfy Slmll not he deem~ an acceptance of any of the
Works b~ the Town, nor an ~ption by the Town of any liability in connection therewith, nor a
rel~as~ ofthe Owner from any of its obli~alions under this AlP~omant.
t7. INTERNAL / F,,XTERNAL ROAD MAINTENANCE AND REPAIR / SNOW_pt ,o_..Wl~(~
( I ) Throullhoul the term of this AtAreement- the Owner shall,
{a) maintain all Town roads within the project in a mud and dust free condition and free of
obstructions, relPrdless of the source or cause of any mud, dust or obstruction;
(b) maintain all Town roads outside the project, including boulevards, in a mud and dust free
condition and free of obstructions, where the source or cause of the mud, dust or obstruction
is an operation or operations related in any way to the development of the project;
(c) repair all Town roads outside the project, including boulevards, where damage has occurred
as a result of an operation or operations related in any way to the development of'the project;
and
(d) plow snow from and salt all Town ro~ds within the project that are not subject to tile Town's
winter control program.
(2) The Owner, within 24 hours of' verbal notification by the Town to it or its representatives, shall
undertake such works as nra necessary to clean, clear, repair, plow or salt any Town road requiring
such work in the opinion of the Town's Director of Public Works or his designate.
18. COMPLETION DATES - ]"OWN WORKS AND SERVICES
(i) The Owner shall complete the Works in accordance with the following time limits:
(a) Town roads within the plan - two years from date of Authorization to Commence Work;
(b) Town roads adjacent to the plan - two years from date of Authorization to Commence Work;
(c) removal and replacement of any temporary turning circle - two years from date of
Authorization to Commence Work;
(d) street storm sewers - one year from date of Authorization to Commence Work;
(e) storm water drainage and management system (including grading and top-soiling of non-
residential lots and blocks) - one year from date of Authorization to Commence Work;
(F)(i) boulevards and sidewalks on Town roads within the plan, on Town roads adjacent to the plan
but not separated from the plan by a reserve or reserves - six months after occupancy of first
dwelling to be occupied adjacent to segment as identified by the Town's Director of Public
Works, but no inter than two years fiom date of Authorization to Commence Work;
(f)(ii) boulevards and sidewalks on Town roads to be extended into the plan where the Owner is
required to remove and replace a temporary turning circle - two years from date of
Authorization to Commence Work;
(g) street lighting - one year from date of Authorization to Commence. Work;
(h) street tree planting - two years From date of Authorization to Commence Work;
(i) walkways, walkway fencing and walkway lighting - prior to thc occupnncy of any dwelling
adjacent thereto;
7
C ~ ~11 ii} ~t~ plnn ~
mon~ afl2r ~cu~cy of
i~fl~ by ~ Town's Di~ of P~ic W~s, ~ ~ la2r ~ lwo y~ from
~Xii) ~i~ a~en~ti~ feting - wi~ m
follow~8 ~ ~m~ ~pl~ ~ ~n~ of
Town, h% Town ~11 i--~ m ~ Owner a
(2) ~it~ ~ ~vlsiom of ~i~a (IX~i) ~d (l~i~, ~e~ thc ~cu~ncy of the first
d~llinB unit ~u~ in Novom~r or ~f of any yoar, th~ time limit for construction of
.dja~m ~!ev~, .i~lk ~ f~in~ ~em ~11 ~ extended to June 30 in the following year.
19. FAILURE TO COMPLETE / IMPROPER PERFORMANCE
(I) It', in the opinion of the Town's Director of Public Works, thc Owner is not constructing or installing
the Works, or causing them to he constructed or installed, within the specified time or so that they
may he completed within the specified time. or is improperly performing thc Works, or has
neglected or abandoned them before completion, or has unreasonably delayed them so that the terms
and conditions of this Agreement arc being violated or executed carelessly or in bad faith, or has
neglected or refused to renew or again perform Works rejected by thc Director of Public Works as
defective or unsuitable, or has in any other manner, in the opinion of the Director of Public Works,
defaulted in the performance of the terms and conditions of this Agrccmcnt, thcn the Director may
notify the Owner and his surety in writing of thc default or neglect and il'thc notification be without
effect for seven days, then the Director shall have full authority to make any payment or do any
thing, including but not limited to obtaining materials, tools and machinery and employing persons
required for thc proper completion of the Works or rectification of thc default, at the cost and
expense of the Owner or his surety, or both
(2)In cases of emergency, in thc opinion of thc Director of Public Works, such Director may act without
prior not:ce but the Owner and its surety shall he notified forthwith.
(3) The cost of rectifying the default shall he calculated by thc Director of' Public Works, whose
decision shall be fisaal, and may be charged to the Owner, together with a 25 per cent engineering
and administration fec. by drawing upon thc letter of credit filed with thc Town under section 21.
20. GUARANTEE OF WORKS, WORKMANSHIP AND MATERIALS
(I) The Owner shall guarantec all Works, workmanship and materials employed or used in thc
construction, installation or completion of Works, services and other requirements under this
Agreement for a minimum period of two years (the "maintenance period") following the issuance of
Ihe Completion Acceptance Certificate by the Town.
(2) Despite any other provisions of' this Agreement, the responsibilities of the Owner during the
maintenance period shall include the maintenance of the Works, including the rectification of any
unsatisfaotorily installed Works.
(;)) Prior io ~ ~md or 1~ mlinlimlA~ pefied. I~ Ow~, C~iq ~i~ ~1!
To~.
"# hill" ~1~ ~winp r~ ~ w~s ~ u ~r l~wn ~&.
~ii~o~ plu, ~ m~ m~ntJ at all b~k c~n. al ~e e~s
·an ~ ~inp) ~ m all ~im~ or~ in di~ti~ ofs~ in
ro~ or ~bl~.
(4) Pri~ to ~ e~ of~e ~i~ ~ri~. ~ To~ will ~-i~t ~ Wo~s ~ ~,
(b) the Owner hu ~rfo~ed all of im ~liptions un~r t~ ~s of this A~ement
~tis~KIJ~ o[ the Town,
t~ Town will iuue to I~ Owner a I:inal Acceptance (:cnificatc al which time I1~ *i c~wn will assume
ow~hip o~he Wo~s and the ~ratiofl a~ maintcn~ce Ih~eor. and lhc mainlena~e ~ri~ will
(5) I~u~m thc rc-ins~ction col~tcd prior to t~ end ~d*tlzc maintenance ~ric~.
(a) thc Wc,rks a~ ns~t accc~ahlc.
(b) thc ()wncr has ~tm ~rl~nncd all of its c~bligations under thc terms ~d' this Agrccmcltt Lc, thc
~tisfaction of thc Town.
· e Town will advi~ ~ Ow~r of t~ dcficic~ies, the ex~ctcd rectifications. ~d ~e ti~ limited
for impicmentin8 t~ ~ctifications (t~ "~tification ~") and thc maintenance
extended to the end of thc ~ctification ~ri~.
(6)At the end orthe ~ctification ~ri~. t~ Town will re-inset ~c Works and
(a) thc Wo~s arc accep~ble: and
(b) the Owner has ~o~cd ali of i~ obligations under thc tc~s or this AGreement to thc
~tisfaction or thc Town.
thc Town will i~uc to thc Owner a I:ittal Acccp~ncc (:c~ificatc at wl~ich t[mc thc *l'L)wn will assume
owne~ip of the Wo~s and the o~tion and maintcna~e thereoC a~ thc maintcnancc ~ri~ will
then
(7) Ifu~n t~ re-ins~ction conducted at thc end of the rectification ~ri~.
(a) thc Wor~ a~ stilt not acceptable, or
(b) the Owner hu not ~o~cd all or i~ obligmions under ~ tc~s o~ ~is As~ment to thc
~isr~tion or ~c Town,
thc Town's Di~cmr of Public Works s~ll dctc~ine, in his ~le di~tion, whether a fu~r
~tification ~ri~ will ~ ~nted. and, ir~, u~n what te~s and ~itions. or w~r t~ Town
~all pr~d un~r ~ provisions or ~ctlon 19, or ~th.
~ ~ ~ ~ ~~ ~ ~ ~ of ~ W~s (~ "~iii~l val~"}. H a
{c) s~ing ~ ~y~ of ~y ~1 thl ~ lbwn may ~ r~ui~d m ~y
{d} g~n~i~ aH W~s, ~~ip ~ m~ials during ti~ mainiena~c ~t~ a~ any
To~'s Di~mr of P~I~
(2) '~ (~r may, at any time after I~ tim 50 ~r cent. in val~, of Wo~s hnve ~
in~ll~ ~ ~, a~ ~id f~, ~ly f~ a ~d~lion in ~e ~u6ty and such a~li~tiofl shnll
~ m~ lo ~ Town T~r~
(3) II~m wriltcn vcrilJctllAm IAml I"~ I)ir~lot 4,f Pul)lie Wolt~ th;il lite con~lrucli<m, in~talluli~m
~r~ma~e of thc Wo~s for wldch ~uclion is ~ing ~mght have ~en ~lisl~clorily completed
a~ ~id fro. t~ Town Manger may retire I~ amount of ibc ~curily 1o an amount not less lhan.
(a) ~ ~r cent of ~ ~igi~l val~ w~m m~ cenil~cate or decla~tmn of su~antial
~rfo~a~e ~ ~n ma~;
(b) 35 ~r cern of t~ odgir~l val~ ~m.
(i) a cc~ificale or ~cla~tmn of su~tantial ~o~a~c has ~cn published;
Iii} 45 ~ys following ~h ~lication have expired; a~
(iii) ali liens ~t may ~ claimed ~ai~t ~y holdback required to ~ retain~ b~ the
Town ~ve cxpi~ or ~ve ~n ~lisfi~. di~harged or ~vi~d for by
into coup;
a~
(c) 17 ~r cent of ~ original value w~m.
(i) a cc~i~cam of fi~l completion ~ ~n made by ~ Owncfs Consulting Engi~r;
(ii) 45 days following ~ making oF s~h ceAificale have expired;
(iii) all I;ens ~1 may ~ clai~ a~insl any ~ld~k mqui~ to ~ m~in~ by
To~ have expi~ or ~ve ~n ~tis~md, diverged or ~vi~ f~ by
into ~A; ~d
(iv) a Complet~n Ac~e CeAifi~te h~ ~n i~d by ~ Town's Di~ of
Public
which 17 ~r cent ~Aion ~11 ~um ~e g~l~ of WoAs, w~man~ip a~ mateHnl~
until a Final A~e Ce~i~le ~ ~en i~ by I~ Town's [)i~t~ of ~bl~
~n t~ ~b~ of~ ~uHty ~11 ~ ~ to ~ ~ su~t 1o any ~s f~
~tifical~n of ~flcie~i~.
(4) U~n ~ a~val, i¢ ~y. of a md~t~n in ~ am~nt of ~ ~udty ~ui~ to ~ ~vi~ in
~ (I), ~ T~ Ma~ ~ I~ T~ T~ ~11 ~vi~ to ~ ~ ~y
.~CUPATIONAL I!£ALTI~
(I) The Owner ceflifles ~ it is aw~ of iu ~s ~ ~i~l~., u~ t~ (A'c~l
~ ~11 ~ ~ i~ ~ ~M, ~ ~ ~ir ~o~s,
(b) ~ve ~ffm~ k~w~ ~ lmi~n~ m ~rf~ all ~s ~ ~i~
m this At~nt urel~ ~ in c~ wi~h ~ Act,
(~) ~l ~fely a~ comply in 811 ~s~cts wilh I~ AcC ~
lb) ~su~e ~al i~ employes, c~L~lo~, su~onlmcm~ ~ their employes
(3) '1'~ ()w~r ~mil ~Lil~ any un~l~ ~I m p~clicc and any mm~omplia~c wilh ll~
im~di~ly u~n ~ing ~lified h~ nny ~m~n of ibc exi~ence or s~h act, ~clice ~ non-
(4) 11~ ()w~r ~11 ~rmit ~p~n~ivc5 or ~le Town (m fl~c ~lc w~ ~y wo~s or ~iccs requi~d
~anl lo this Ag~menl a~ ~ing ~rfon~ al any li~ or times for t~ ~ oF ins~ti~ to
~lenni~ c(~plia~e wilh this ~lien.
(5) No act m omi~ion by I~ Town or any ~n~livc of ~hc Town (i~iuding lhc cnlcring inlo of
this Ag~t) ~11 ~ ~med to ~ an a~m~ion of any of t~ dates or ~lipli~s
~r. ils emp~y~ c~cl~, su~Nl~l~ a~ I~ir employes under l~
(6) In ~ilion to the Ow~Fs ge~ral i~mni~cation of 1~ Town pu~uanl Io ~ction 22. a~vc. the
~r ~11 i~mnify a~ ~ve ~iess ~ Town,
(al [r~ any 1o~. inconvenie~e, damage or cosl lo thc Town which may ~sull from I~ Owner
or ~y of i~ emp~yee~ ~m~l~, ~nt~l~ a~ lhcir employes failing 1o ~1 ~fcly
or 1o comply Jn all ~ wi~ ~ A¢I in I~ ~rfo~ance of any wo~ or ~ice mqui~
~m~nt m Ibis Ag~nt; a~
(b) ~in~ ~y ~tion or c~im. or co~ ~iat~ dm~lo. ~ghl a~i~ t~ Town by any
arising out of any un~fe act or ~clice or any n~omplia~e with Ihc Act by I~ (~er or
any of ils employes, ~nl~tom, su~on~clom and l~ir employees in t~ ~rf~a~e of
~y ~ m ~ice ~uimd ~mu~t Io ~is A~ment.
24. LIABILITY INSURANCE POLICY / PROVISION FOR DEDUCrlUI. I.~
(I) Before this Agreement will be executed by the Town, the Owner shall file with thc Town a
f'eflificale of Insurance verifying that a Liability Insurance Policy is in effect, setting out thc
essential lerms and conditions of the insurance, and naming the Town ns ndditionnl named insured,
all of which shall be subjecl to the approval ofthe Town Solicitor.
II
(2) The lmdicy shall comply with tim tbllowing provisi~ms:
lira ~inJmum limil ~r ~mcurrence ~h~,ll ~ $5,(~)0,0lH) ~11 iuclu~ive Ibr ~o~y dmna~e uud
I~ml lh~bilily:
(b) il ahall m~t conlain a clau~ Ibr exclu,ion Ibr hl~,ling: and
(c) il may n.( ~ ~ancelled unle~ ~ior re)lice hy regi~lercd I~lter tm~ I~cn given I~ the *l*(~wn hy
1~ insurer {l~i~y day=. ~ advance oflhe expi~'y dale.
(3) The ~dicy premium mus~ ~ paid initially [or a ~ri~ oF one year and the ~licy shall ~ renewed
for [uKher one year ~ri~s until fl~e Final Acceptance Cerlifica{e has ~en issued by .,- Town's
Director of Public Works.
(4) I[ {he ~licy cove~ge is subject to a deductible amounL ~e Owner sball file with the Town. when
~ling the CeKifica~ o~ Insurance, a c=~ified ehcque or letter of credit with the Town in the
deductible amount, as a de.sit, together wi~h a le~er [rom the Owner authorizing the Town ~
ap~in~ an independen~ adjuster and to investigate claims less than ~hc deductible amount and
aulhorizin8 the Town to pay such claims deemed valid by {he ad]us~er out o[ (hc deposit; th= Owner
shall ~ res~nsible ~or all ad]ustmem se~ice costs and shall maintain (he deposit {hruughom thc
term orthis agreemem in the amount oFthe deductible.
(5) The provision oF the insurance ~licy required by this section shall not relieve the Owner from
liability [or claims not covered by the ~licy or which exceed its limits, i~ any, ~or which the Owner
may ~ held responsible,
PART 3 - DEVELOPING THE PROJECT
25. CONSTRUCTION A..ND oCCUPANCY OF BUILDINGS
(I) No building permit shal: be issued for any building or part of a building on the Lands until,
(a) all buildings and structures on the Lands prior to draft plan approval have been demolished
by the Owner;
(b) sewer and water facilities are availab:e, and in the opinion of tl-~e Town's Director of Public
Works, capable of p: ovid ing adeqmte service;
(c) an asphalt base has been laid on tile i~ad immediately in from ofthe building or part thereof
and extended to an existing maintained r~: ad', and
{d) the Owner has paid to the Town tile applL:able development charge for each dwelling in that
building or part thereof in accordance with By-law 3854/91, enacted pursuant 1o the
Development Charges ~4ct.
(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:
(a) storm sewer, sanitary sewer and water facilities are installed and in operation to adequately
serve such building or part thereof;
(b) electric service is completed and in operation; and
(c) such curbs, as in thc opinion of the Town's Director of Public Works, are required to bc
completed prior to occupancy have been constructed on the road immediately in front of thc
building or part thereof and extended to an existing maintained public road.
(4) 'rl~ Owner 3hall maintain vehicular access to all occupi~ buildings on the Lands until the roads in
the plan are ~'ormally assumed by the Town.
26. DESIGN PLANNING. RESIDENTIAl. UNITS AND NOISE A'~FENUATION STRUC'rURE$
( I ) Prior to the issuance of' any building permit lbr the c4~nstruction o1' any residential milt on thc I ,ands
and the con~tructi~m of any mfi~ attenuation slnlclure in or adjacent to thu proj~l, die ()w~r diall
allblllil lit 11t9 TUWll'a I)il'e¢li}l' ~tl' Pllttlllhlg, fitr ilpprovlll. 11 rel}oll Ollllilling silillg iiiid lu'chileclurld
d~igll -bjecllv¢~ fitr II1~ projecl,
{2) That r¢~fl may be ~quired, at die I)irector'~ option, Io provide the fi}llowing infi}rnudion:
(a) house massing;
(c) exterior illlllerillls alld colours;
(d) nrchil¢clural
(e) visulll variety;
(0 energy conservation measures; and
(g) any other data or information reasonably required,
{3} Prior to the issuance of each building ~rmit for tbe construction of a residential unit on thc Lands.
the Owner shall submit to the Town's Director of Planning, for approval, site plans and architectural
drawings for that unit,
{4} Those plans and drawings may be required, at thc Director's option, to provide the following
info.arian:
(a) the location ofall buildings and structures to ~ erected and the location ofall facilities and
works associated therewith;
{b) the location of landscaping features, including trees to be preserved;
(c} streelsea~ for l?onl, rear and flankage elevations at a scale acceptable to the Director:
(d) strectscape to show all slreet furniture and vegetation:
{c} the relationship o~buildings by blocks: and
{0 any other data or inlbrmation <asonably required.
27, SPECIFIC PROVISIONS RESPECTING DEVELOPMENT
The Owr~er sh~ll comply with any specific provisions respecting d~e development of this project set out in
Schedule D.
PART 4 - FINANCIAL MATTERS
28, I';XI'IRY OF SI!CUI{I'I'IIS~
(I) Shot, Id any letter of credit securily required to be provided hereunder expire before thc Town
releases the Owner from the terms and conditions hereof, the Owner shall provide to the Town at
least 30 days in advance of the expiry date of that security, a further security to take eff~t upon the
expiry.
(2) Such further security shall be in a form and amount satisfactory to the Town.
(3) Should no such further security be provided as required, then the Town shall have the right to
convert the expiring security into cash and hold the cash in lieu of and for the ~me purposes as the
expiring security.
20, PAYMI~N'I' ¢)F I,iI*,N8 AM) O'rllF, R el.AIMS
(I) The Owner shall di~harl~e or vacate any liens or claims Iilcd with th~ Town ur rcgi~a~r~d un ti(lc to
any Town-owned lands within thi.*ty days of being requested to du ~ by the Town,
(2) At thc end of thc maintenance period, as extended during any rectifical, ion period, the Owner shall
file wilh Ihe Town a Statutory Declaration stating that,
(a) all materials have been supplied and al! _services m~d works have been completed in the
project with respect to the construction and installation of Works and other ~ervic~s;
(b) all accounts for work or service perlbrmed and materials placed or furnished upon or in
respect of' the construction and installation o£ Works and other services in thc project have
been trul!y paid and satisfied and no person is entitled to claim alicn under thc
Lien/fcl against thc Town r~r any Town-owned land:
(c) there arc no judgments or executions filed against the Owner;
(d) nothing is owed by the Owner or claimed against it for unemployment insurance deductions,
income tax deductions, or by way of contribution or assessment under the }rorker~'
Compen.mtion Act;
(e) the Owner has not made any assignment for tile benelil el' creditors, nor has any receiving
order been made against it under the Bankruptcy Act, nor has any petition tbr such an order
been served upon the Owner: and
(fl 45 days have passed since the completion of the construction, installation, and last
rectification of the Works and services.
30. PAYMENT OF INTEREST ON OVERDUE AMOUNTS I'AYABLF,
'['he Owner shall pay interest at the rate of 18 per cent per year to the Town on all sums o[` money payable
hereunder which are not paid on the due dates calculated from such due dates.
3 i. PAYMENT OF REALTY AND BUSINESS TAXES / LOCAL IMPROVEMENT CHARGES
(I) The Owner shall pay in full as they come due all realty and business taxes assessed against the Lands
or the Owner as required by law from time to time.
(2) BeFore this Agreement will be executed by the Town, the Owner shall commute and pay to the Town
or to the Re?ional Municipality of Durham all local improvement charges assessed against the lands
in the plan.
32. PAYMENT OF DEVELOPMENT CI IARGES
(I } The Owner shall pay to the Town, in accordance with the Development Charges ,4ct and tile Town's
Development Charges By-law 3854/91, development ~:harges for each dwelling uni*~ within the
project.
(2) The amount of the development charge for each dwelling to be erected in the plan shall be the
amount set out in Schedule C for that :ype of dwelling, as adjusted annually in accordance with
Schedule C.
(3) Where a development charge is payable for a dwellihg located on a parcel of land comprised of land
in this plan and land not in this plan, thc amount of the dcvclopment charge payable for that dwclli~g
shall bc thc amount calculated in accord.ncc with the provisions of thc subdivi.~ion agn.'cment
the most recently registcrcd of thc plan or plans within which the parcel is located.
PAYMENT OF ENGINEERING. LEGAL AND REGISTR&T~QN
( I ) Prior to the release for registration of' this plan, the Owner shall pay by certified cheque lo the Town
an Engineerin8 Drawing Inspection Fee in the amount set out in Schedule C rot the examination and
inspection done by the Town's Public Works I)cpariment in tile processing of thc engineering
drawings For this project.
(2) Prior to this Agreement being submitted to Town Council for consideration, the Owner shall pay by
certified cheque to the Town a Subdivision Agreement Processing Fcc in the amount set out in
Schedule C for the preparation and processing of this Agreement by the Town's Legal Services
Department.
(3) Prior to the release for registration of'this plan, thc Owner shall pay all registration costs incurred by
the Town relating in any way to the registration of' thc plan of subdivision, this Agreement, or any
other documentation, including transf'crs, in the Land Registry Office.
PART 5 - TRANSFERS AND REGISTRATIONS
34. TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU 'FIIEREOF
( Prior to thc release for registration of this plan, the Owner shall convey or cause to be conveyed to
lhe Town, free and clear of all encumbrances and at no cost to tile Town, all of tile lands or such
interests in lands identified in Schedule A for tile purposes set out therein.
(2) The Owner hereby warrants that, upon such conveyance, neither tile title to tile lands conveyed nor
lheir physical state and condition shall prevent the 'fown fro,n lax~ fully or physically using the lands
for thc purposes for which they are being conveyed as set ont in Schedt, le A.
(3} Where none of thc lands identified in Schcdt, lc A are to be conveyed for parkland purposes, tile
Owner shall pay to the Town, before this Agreemenl will be executed by the Town. an amount
calculated in accordance with the provisions of Schedule A in lieu ora parkland conveyance.
(4) Any Transfer/Deed given pursuant to this Agreement shall be in a form acceptable to the Town
Solicitor and any Transfer/Deed of a storm drainage works easement shall contain the Storm
Drainage Works Easement Schedule set out in Schedule A.
(5) Thc Town may complete or alter any description of land in this Agreement or in any Trallsfcr/i)ced
given pursuant to this Agreement so as to make the description correspond with the description of
the land according to the plan which is to be registered pursuant to this Agreement.
35. RELEASE OF THE PLAN FOR REGISTRATION
Before the Town will advise the Regional Municipality of Durham that the conditions of Draft Approval
affecting the Town have been satisfied, the Owner shall deliver to the Town the following:
(a) four red-lined copies of this Agreement executed by tile Owner and all Encumbranccrs;
(b) all monies, securities and insurance required by this Agreement;
(c) three executed copies, in a form suitable for registration, of each Transfer/Deed required by section
34 respecti~g the conveyances identified in Schedule A, and one altair copy of each required
reference plan.
(d) a ccrtificale ofclcar title to tile Lands being conveyed to the Town, fix)nl tile Solicitor for tile Owner,
in favour of the Town which certificate shall be prepared in a form acceptable to the Town Solicitor
at no cost to the Town.
~ STRAI'ION OF AGREEMENT
{ I) This Agreement ;hall be registered by the 'town in the Land Registry Office in either the Land Titles
Division (No. 40) or the Land Registry Division of Durham, whichever is applicable to the system in
which the lands lie.
(2) Prior to the registration of this Agreement, the Owner shall pay all registration costs relating in any
way to the registration ofthis Agreement, or any other documentation relating to this project.
(3) Prior to the registration of this Agreement, the Owner's Solicitor will provide, at the Owner's
expense, a certificate of'title, to the satisfaction of'the Town Solicitor, ofall the lands and interests of
lands conveyed to the Town as set out in Schedule A hereto.
(4) The Owner shall indemnify and save harmless thc Town From an), loss, inconvenience or damage
which may result to the Town From the Owner's Failure to comply with subsection (2) and against
any action or claim made against the Town by any person othcr than the Owner arising out of the
execution by thc Town of this Agreement.
(5) The Owner shall give to every purchaser of thc Lands or any part o£ the Lands actual notice oFtbe
existence and the terms of this Agre,'ment and shall include an acknowledgment in any offer to
purchase or other similar document ocaling with the Lands, or any part of'them.
(6) The Owner shall execute such Further assurances et' the rights hereby granted as may be dccmcd
necessary by thc Town.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to by
the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
RONDEV ItOMES LTD.
I have the authority to bind the corporation.
In the presence of
Vincenzo Bianchi Seal
Liza Bianchi Seal
Gabriale Bianchi Seal
Liliana Bianchi Seal
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Anhurs, Mayor
Bruce Taylor, Clerk
ENCUMBRANCER - DELMARK INVESTMENTS COMPANy
The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this
Agreement shall take effect as though executed and registered prior to the creation ofany such right or interest and
prior to the execution and registration of any mortgage, agreement or other document creating or defining any such
right or interest;
And the Encumbrancer hereby covenants and agrees with thc Town that this Agreement and any conveyance,
easement or other document given pursuant to this Agreement, shall have priority over the rights o£ the
Encumbrancer in the Lands with the intent that the Encumbrancer or anyone ~laiming under it shall at no time
exercise in relation to the Lands any right, title or claim which could not b~ exercised by the Owner by reason of the
terms of this Agreement.
Dated at , this day of ,1997.
SIGNED, SEALED AND DELIVERED
DELMARK INVESTMENTS COMPANY LIMITED
l/We have the authority to bind the corporation.
SCHEDULEA
TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU 'I'IIEREOF
(Section 34)
I. CONVEYANCES REOUIRED TO BE MADE TO THE TOWN
Land to be Convoyed Purpose interest to be Conveyed
Any portion of the lands Storm drainage works Easement
determined by the Town's
Director of Public Works
Any lands outside thc Lands Storm drainage works Ease:nent
determined by the Town's
Director of Public Works
2. CALCULATION OF AMOUNT PAYABLE IN LIEU OF FARKLAND CONVEYANCE
(I) Prior to the registration of the plan, the Owner shall obtain a written appraisal, prepared by a
professional land appraiser acceptable to the Town, of the value of the land in the plan as of the day
before draft plan approval and shall pay the sum equal to five percent of that appraised value, which
sum shall be provided in the form of cash or certified cheque, and which sum the Town shall accept
in full satisfaction of the Owner's obligation to provide parkland.
3. STORM DRAINAGE WORKS EASEMENT REFERENCE PLANS
(I) Before the Town will advise the Regional Municipality of Durham that the conditions of Drat~
Approval affecting the Town have been satisfied, the Owner shall obtain and deliver to the Town
one draft copy of each proposed reference plan required to effect the conveyance of the specific
easements referred to in section ! of this Schedule.
(2) Upon the completion of the construction and installation of the storm drainage works within each
easement shown on any proposed reference plan, the Owner's Consulting Engineer shall advise the
Town's Director of Public Works of the actual location of the works in relation to the proposed
casemer,,~ or easements, and if the Director is satisfied with the actual location of the works, the
Owner shall register that reference plan and provide four copies of the plan as registered to the Town
Solicitor.
(3) if the Town's Director of Public Works is not satisfied with the actual location of the works in
relation to the proposed easement or easements, the Owner shall obtain and deliver to the Town one
draft copy of a revised proposed reference plan, and the provisions of subsection (2) and of this
subsection will ¢~ntinue to apply.
(4) Where the Town's Director of Public Works determines that the Town requires easements not
specifically referred to in section I of this Schedule, the Owner shall obtain and deliver to the Town
one draft copy of each proposed reference plan required to effect the conveyance of the such
easements within 30 days of the Town's request to do so, and the provisions of subsections (2) and
(3) will apply.
4. STORM DRAINAGE WORKS EASEMENT SCHEDULE
Where a conveyance of an casement is tbr storm drainage works purposes, the following Schedule shall be
attached to the Transfer/Deed of Easement:
INTEREST/ESTATE TRANSFERRED
Subject to the following terms and conditions, the free. uninterrupted and unobstructed right and casement io
lay. conslrucl, operate, maintain, inspect, alter, repair, replace, reconstruct and remove storm drainage works
together with appurtenances thereto (herein called lhe "work.q'). in. over. along, across. Ul~,~ and under thc
la,rd described in Box :5 (herein called the "lands"). and to drain storm water in. over. along, across, upon
and under the lands, together with the right to the Transferee. its servants, agents and contractors with all
necessary vehicles, supplies and equipment to enter onto the lands and pass and repass over thc lands for th~
purpose orexercising or enjoying any of the rights granted herein.
The lerms and conditions which the parties hereto covenant and agree to obser./e and be bound by are as
follows:
I. Tbe Transferee shall, except in case of emergency, before commencing any work authorized hereby.
give to thc Transferor Ibrty-¢ight hours previous written qoticc lhereof, and in ca.;cs of emergency
such previous notice thcrcofas is reasonably ix)ssiblc.
2. Upon completion of any work, the Transferee shall fill in all excavations, restore fences, and restore
the surface of the ground by restoring all topsoil and grass cover disturbed thereby, and do necessary
grading to ensure soil and slope stability, and remove all equipment.
3. The Transferor shall not erect any building or structure (except a fence) on the lands, and shall not
place or remove any fill on or from any pan of the lands without the previous written consent of the
Transferee,
4. Thc right and easement granted herein shall be subject to all leases, licenccs, and any rights of usc or
occupation existing at the dale hereof, and the Transferor may from time to time renew or extend
these or make new ones, so long as lhcy do not interfere unreasonably with the right and easement
herein granted.
5. Thc Transferor hereby releases lhc Transfi:rcc from any claim which may arise out of thc exercise by
the Transferee of lhc right and cascmcm granted hcrcby or which may arise OUt of thc cxistcncc of
the storm water or thc existence, operation or non-operation of the storm drainage works provided
the Transferee has complied with all of thc terms and conditions herein.
6. The Transferor shall execute such furlber assurances of thc righl and casement granted hereby as the
Transferee may reasonably request in writing.
7. The burden of this Transfer and of all the terms and conditions contained herein shall run with the
lands.
8. This Transfer and all ofthe terms and conditions contained herein shall cnure to thc benefit of and be
binding upon the Transferor and the Transferee and their respective heirs, executors, administrators,
successors and assigns.
LAND BENEFITTED (DOMINANT TENEMENT)
9. The benefit of this Transfer and aH of the terms and conditions contained herein shall run with all
other lands and interests in lands owned, occupied or used by the Transferee for the purpose of
operating and maintaining storm drainage works.
REQUIRED FORM FOR PERFORMANCE AND MAINTENANCE SECURITY LETTER OF CREDIT
(Section 2 I)
To: The Corporation of thc Town of Picketing
PickerinB Civic Centre
One The Esplanade
Pickeri~8, Ontario
LIV6K7
We hereby authorize you to draw on ]name of bank], [address of bnnkl, for account o£ [name of company or
companies obtaining security] up to an aggregate amount of [amount of security in Iigure~ nnd in full] available
by drafts at sight for 100% ot'demand as follows:
Pursunnt to the request of our customers(s), the said [name of company or companies obtaining securi~[, we
[name of l~nk], [address of bank], hereby establish and give to you an irrevocable Letter of Credit in your favour
in the total amount of [amount of security in numbers and in words[ which may be drawn on by you at any time
and from time to time upon written demand for payment made upon us by you which demand we shall honour
without enquiring whether you have a right as between yourself and our said customer(s or any of them) to make
such demand, and without recognizing any claim of our said customcr(s or any of them).
Provided, however, that you arc to deliver to Iname of bnnkI, laddress of bankI, at such time as a written demand
for payment is made upon us a certificate signed by you agreeing or confirming that monies drawn pursuant to this
Letter of Credit arc payable to you or are to be or have been expended pursuant to obligations incurred or to be
incurred by you with reference to your file regarding a Subdivision Agreement dated [date of Agreement], between
[name of signatories to Agreement, other than Town and Encumbrancer(s)] and The Corporation of the Town
of Picketing: this Letter of Credit is given as the Performance and Maintenance Security required by section 21 of
that Agreement.
Partial drawings arc permitted.
The amount of this Letter of Credit shall be reduced from time to time as advised by notice in writing given to
from time to time by you.
This Letter of Credit will continue up to and including Idate of expiry of Letter of Credit[ and will expire on that
date and you may call for payment of thc full amo~Jnt outstanding under this Letter of Credit at any time up to the
close of business on that date. it is a condition of this Letter of Credit that it shall be dccmcd to bc automatically
extended for one year I'rom the present or any future expiration date hereof, un~css thirty days prior to any such date,
we shall notify you in writing by registered mail that we elect not to consider this Letter of Credit renewed for any
such additional period.
We hereby covenant with drawers, endorsers, and bona fide holders of drafts drawn under and in accordance with
the terms of this credit that such drafts will he duly honoured if drawn and negotiated on or before Idate of expiry
of Letter of Creditl.
The drafts drawn under this credit are to be endorsed hereon and shall state on their face that they are drawn under
[name of bankl, laddress of bank].
DATED this m.__ day of ,19
Instructions for completing Letter of Credit:
I. Letter of Credit must he typed on bank letterhead.
2. Information required in square brackets must he provided where indicated, without brackets.
3. Phrases shown in round brackets must bc included without brackets where there are two or more companies
comprising the. customer.
4. Thc date in thc sixth paragraph must be at least one year from the date of the Letter of'Credit.
5. The date in the s~vcnth paragraph must he the same as the date in the sixth paragraph.
6. Bank signatories must show name, printed or typed, and title, in addition to signature.
SCHEDULE ¢
DEVELOPMENT CHARGES, ENGINEERING/LEGAL FEES, OTHER RELATED
DEVELOPMENT COSTS
I. DEVELOPMENT CHARQ[E$ PAYABLE
(I) I. Jnljl slid inchlding October 7, Iq9?, thc dcvelopmcnl charges payable under the Town's
I)eveh)lm~ent Chromes liy-law 3854/ql fi)r dwelling mills within this pn~jecl arc
(2) From and after ~to~r 8, 1997, the development charges payable for dwelling units within this
project will ~ in accordance with the Town's ~velo~ent Charges By-law in existence at the date
of such payment.
(3) This d~ plan of su~ivision includes bi.ks that a~ designated to ~ develo~d in conjunction
with abutting lands. Development Charge payments for the future development bl~ks in this draft
plan of su~ivision will ~ collected at the time a building permit is issued for the development of
lands inco~rating Bilk 29, Bilk 32 of this draR plan and the abutting lands to the north which
fee will ~ payable by the registered owner of the developable lands at the time of building ~rmit
issuance, in accordance with the Town's Development Charge By-Law in existence at the date of
such payment.
2. ENGINEERING DRAWING INSPECTION FEE PAYABLE
Prior to the release for registration of this plan, Ihe Owner shall pay to the Town, the sum of $1,015, which
represents the amount of the Engineering Drawing Inspection Fee payable for this project.
3, SUBDIVISION AGREEMENT PROCESSING FEE PAYABLE
The Town acknowledges receipt, in full, of the amount of $3,210 [$3,000 plus $210 GST.] which represents
the Subdivision Agreement Processing Fee payable for this Agreement.
SPECIFIC PROVISIONS RESPECTING DEVELOPMENT
(I) This Agreement has been entered into with the expc~;tation 29 dwellings are to be constructe~ on the
Lands: one each on Lots I to 28 and one dwelling on lands that wi!l incorporate Block 29, Block 32
and the abutting land to the north.
(2) Ifmore or less than 29 dwellings are to be constructed in this project, thc Town al its sole discretion
may require thc Owner to obtain new approvals and authorizations under this Agreement and may
prohibit any development until thc new approvals and authorizations are obtained.
2. NOISE/VIBRATION ATTENUATION MEASURES AND WARNING CLAUSES
(I) In the development of this project, the Owner shall implr'-ent the noise and vibration attenuation
measures recommended in the engineering report entitled Noise Control Feasibility Study Petticoat
Lane Subdivision, part of Lot 33, Plan 40R-6504, dated April 26, 1993 as revised September 30,
1995, prepared by S. S. Wilson and Associates, Professional Engineers.
(2) Upon the completion of the implementation of those measures, thc Owner shall provide to the
Town's Director of Planning, a Certificate of Compliance from a Professional Engineer stating that
those noise attenuation measures have been implemen.'.ed in accordance with that report.
(3) Thc Owner shall include, in all agreements of purchase and sale thc following warning clauses for
the respective Lots:
Lots 1-28:
"Purchosers/tenants are advL~ed that despite the inclusian of noise control features within this
development area and within the building units, sound levels from increasing Railway and road
traf~c on ,41tona Road may continue to be of concern, occasionally interfering with some activities
of the dwelling occupants as the sound level exceeds the Municipality's and the Ministry of the
Environment's noise criteria."
Lots 13-27:
"In order ~o achieve a suitable indoor noise environment, windows may have to remain closed,
therefore this dwelling unit has been equipped with a central air conditioning system."
Lots 1-12 and 28:
"This dwelling is fitted with a forced air heating system and the fan. ducts, etc. are sized to
accommodate the installation of a central air conditioning system if it is found necessary by the
owner/occupant at any time in the future. Central air conditioning will allow windows to he kept
closed thereby achieving suitable indoor noise levels. Note: When installing central air conditioning
locate the air cooled condenser unit so as to minimize its noise impacts in sensitive areas both on
and in the immediate vicinity of the subject property."
(4) Thc Owner shall indemnify and save harmless the Town,
(a) from any loss,' inconvenience or damage which may result from the Owner failing to comply
with any provision of this section; and
(b) against any action or claim made against the Town by any person arising out of the
implementation or non-implementation of the noise and vibration attenuation rn~asures or
out of any failure to inched any required warning clause, or out of the execution of this
Agreement with this section in it.
PHASING 0F CONSTRUCTiON/DEVELOPMENT OF INTERNAL ~OA_D~
(I) The Owner herein acknowledges and agrees that development of these lands will not occur until the
roads and services to the north (Draft Plan 18T-87044) have been complet-xl to the satisfaction oftbe
Town's Director of Public Works.
(2) In the event that a turning circle has been constructed on the lands to thc north within Draft Plan
18T-87044, the Owner herein will be required to remove it, to the satisfaction of the Town's
Director of Public Works, at no cost to thc Town.
SPECIAL PROVISION~ R'SPECTING DESIGN PLANNING
The Owner shall satisfy the Director of Planning respecting,
(a) a report outlining siting and architectural design objectives for thc development, and the submission
of site plans and architectural drawings identifying how each unit meets thc objcctives of the report,
prior to the issuance of any building permit for thc construction of a residential unit on the lands; and
(b) the report outlining siting and architectural design objectives for thc development must address
building envelopes, hou.~c designs, siting, and strectscapes as well as garage designs, locations,
massing, and projection ~om the main dwelling.
5. FENCING REQUIREMENTS
( I ) Prior to thc issuance of an occupancy permit tile Owner agrees to construct, at its sole expense and to
thc satisfaction of thc Town's Director of Public Works, a 1.83 metre high chain-link fence along thc
common property line of the railway and thc subdivision. Thc Owner also agrees to include a
covenant running with thc lands, in all deeds, obliging thc purchasers of thc land to maintain thc
fence in a satislhctory condition at their expense.
(2) Prior to thc registration of this plan, or any phase thereof, thc Owner agrees to construct, at its sole
expense, satisfactory to the Metropolitan Toronto and Region Conservation Authority and the
Town's Director of Public Works, a permanent chain-link fence along the rear lot lines of Lots I, 2,
3, 26, 27 and 28, where they abut Block 30.
(3) Despite the provisions of subsection (I), where the occupancy of the first dwelling unit occurs in
November or December of any year, the time limit for thc erection of the fence shall be extended to
June 30th of the following year. In the event that the occupancy of the first dwelling unit occurs
during the months of January or February, the time limit for the erection of the fence, shall be
extended to June 30th of that same year.
6. SPECIAL PROVISION RESPECTING GRADING
in addition to the conditions set out in section 14 herein, the Owner agrees that the required Grading and
Control Plan shall include provisions with special emphasis on coordinating grades with adjacent plans of
subdivisions and with adjacent existing lots.
RESERVED FUTURE DEVELOPMENT BLOCK 29 and BLOCK 32
(i) Blocks 29 and 32 shall be reserved for future residential development; such development shall not
commence without servicing availability from the adjacent lands to the north and the prior written
approval of the Town, which may be subject to conditions.
(2) Until such time as Blocks 29 and 32 are developed in accordance herewith, the Owner shall maintain
it in a clean and orderly condition to the satisfaction of the Town's Director of Public Works,
(3) in the event tfiat Blocks 29 and 32 have not been developed in accordance herewith prior to the
request for the issuance by thc Town of the Final Acceptnnce Certificate, the Owner agrees to sod
and ~ tbem to ~he satisfaction of the Town's Director of Public Works, prior to the issuance of
the Final AccePtance Certificate being issued.
23
STO _RMWATER DRAINAGE AND MANAGEMENT SYSTEM
The parties mSree that the ~ommwater management lechniques for this plan of subdivision are consiraem with
those aprm~v,md for the Altona Foresl Environmer, l~l Policy Ama, in consutiatiofl with the W4el~o Toronto
.nd R~sion ConNrvation Authority and Ministry or Natural Resources, to the satisractlon or the Town's
Direcler or Public Works.
DE_MOLri'iON OF STRUCTURES
The Owner she{{ satisfy the Town with respect to the removal, demolition and/or retention of al{ structures
on the property prior to thc issuance or thc first building permit bcin§ issued.
lO. CONSTRUCTION OF WALKWAYS
(I) The Owner may lac required to conslruct a walkway to Allona Road at thc westerly terminus of
Petticoat Lanc and a walkway to I'ctticoat Creek Valley.
(2) In the event that the I)ircclor of I'uhlic Works determines that one or both of the walkway,,; outlined
in ( I ) above are required, the Owner, at its sote ex~nse, shall construct same to thc satisfaction of
thc I)irector of Public Works at no cost the Town. Thc Din.-clor of Public Works decision respecting
IIw aeccssily liar Ihe c~mslnn:liou ~d' walkways wilhin Ihis phs of,~ulxlivision sh,dl I~: Ihml.
I I. SI'F. CIAI. I'ROVISIONS RI'~SI'I-~C'I'IN(i ROAD ('ONSTRUCTI()N
Tile Owner shah satisfy the Town respecting the construction of iqtcrna{ roads with curbs, storm sewers,
sidewalks and boulevard designs to maximize front yard space without impeding services or thc safe
operation of the streets.
I~PKCI~ PROVISK)N8 REQUIRED BY THE REGIONAl, MUNICIFAI, IT¥ OIt DURHAM
Tim #~ic,~ s~ oul in this 8c~0dub rc~'cmmt pmvisinm no~ aff~,lin~ d~ Town bm mquirad 1o b~ insertad in this
Allla114~ by #mcond#kats olrDn~ Al~ dalai Jurm 4. t996. ofDs~R Ptan Ilrr,lp)i06 by f~ Comm~
of Nanning ord~ bltonal Mun~ of
1. MINib~RY OF NATURAL RESOURCES ~'"M.N,R,")
M.N.R. requir~ that the
( I ) prior to any grading or construction on the silg. erecl a barrier with gcmextile £abric along thc rear of
the lots adjacent to Block :30 to the satisfaction of ~he Ministry of Natural Resources. No disposal of
fill or disturbance of vegetation shall occur beyond these barriers during the entire construction
period.
(2) prior to any on-site grading or construction or final registration o1' thc plan, shall submit and obtain
approval of the Ministry of Natural Resources for reports describ;nk tl~ following:
(a) the intended means o1' conveying stormwater flow from the site, including use of stormwalcr
manasemem techniques which are appropriate and in accordlmce with the provincial "Urban
Drainage and Design Guidelines". April 1087, and "Interim Smrmwatcr Quality Control
Ouidelines for New Development". May 1991;
(b) the anticipated impact of*the development on water quality, as it relates to fish and wildlife
hid)it, Bt onc~ BdeqGllte protective measures have been taken;
(c) the means whereby erosion and sedimentation and their efl~cts will be minimized on thc site
during and alter construction in accordance with thc provincial "Guidelines on Erosion and
Sediment Control, February 1989, published by the Ministry o1' Natural Resources;
Note: Ponds £or temporary sediment control should be capable o1' accommodating 125
cubic metres/hectare of contributing drainage area t'or a period or' not less than 12
hours or removing particle sizes down to 40 microns.
(d) site soil conditions, including grain size distribution profiles; and
(c) site grading plans.
(3) shall submit to the Ministry ot* Natural Resources detailed plans regarding alterations to thc
wntcrcoursc. Any proposed altcrations require application under thc Lakes and Rivcrs Improvement
Act for review and approval by this Ministry. Three copies o1' this information would bc submitted
in conjunction with the requirements of clause i(2) abovc.
(4) slmll rcvi,~ thc plan ol*sulxlivi.~ion t(~ accomm(~latc .~lonnw:dcr mmmgcmc.~t I~cililic.~, il*rcqtdrcd :~.~
n resull of the reporC~ prcpnrcd for rcsl~:cting clnu~ 1(2) nhovc to thc satisl~lction ol' thc IVlinistry o1'
Natural Resources. The revised plan shall bc submitted to thc Rcgion For recirculation to relcvant
agencies and amcndmcnt to drnlt approval, if*necessary.
(5) agrees to maintain all stormwatcr management and erosion and sedimentation control structures
operating nnd in good rcpnir during the construction period, in n mnnner satisfactory to the Ministry
ot' Natural Rcsources.
(6) agrees to advise thc Ministry o1' Natural Resources 48 hours prior to commcncemem of grading or
the initiation of any on-site works.
(7) agrees to carry out the works mt'erred to in Regions conditions 19, 20 and 2 I, dated June 4, 1996.
(8) the zalin8 by-law mt'erred to in Condition i 5 to thc Relions conditions shall contain thc aplX'Opriatc
provisions to prohibit any buildifl8 or structure, thc placcmem of fill, thc altcratiofl of a watercourse
o~ thc removal of vegeL~ion, other than as required for flood or erosion comroi, on Blocks 30 and
33, and a distance racism'ed 2.5 metres ~ thc rear Im linc of Lots I, 2, 3, 26. 27 and 28, to thc
satisfaction OF the Metropolitan Toronto and ReBiofl Conservation Authority and the Ministry of
Natural Resources. The zoning by-law shall also provide sufficient lands for stonnwater
management facilities, if required.
2. METROPOLITAN TORONTO AND REGION CONSERVA'HON AUTitORITY ("M.T.R,C.A."}
M.T.R.C.A. requires that the Owner,
( I ) prior to the initiation Of grading and prior to the registration of this plan or any pha.~: thereof, shall
submit for the review and approval of the I~eLropolitan Toronto and Region Conservation Authority
the following:
fa) a detailed et §ineering report that describes the storm drainage system for the proposed
development on the subject lands. This report should ioclude:
fi) plans illustrating how this drainage system will tic into surrounding drainage
systems;
(ii) proposed methods and implemenlation plan for controlling or minimizing erosion
and siltation on-site and/or in downstream areas during and after construction;
(iii) location and descrii~ion of all outlets and other facilities which may require permits
under Ontario Regulation i 58;
(iv) stormwater management techniques which may be required lo control min,~r or major
NOWS.
(b) overall grading plans for the subject lands dcmonstraling the preservation of thc natural land
form and vegetation to the extent possible.
(2) prior to the registration of the plan, obtain ali neces~ry permits from the Metropolitan Toronto and
Region Conservation A~:thority under Ontario Regulation 158.
(3) enter into a written agreement with the Metropolitan Toronto and Region Conservation Authority
which provides for the future acquisition of Block 33.
(4) prior to the registration of this plan or phase thereof, install a permanent chain-link fence,
satisfactory to the Metropolitan Toronto and Region Conservation Authority and the Town of
Picketing, along the rear lots lines of Lots I, 2, 3, 26, 27 and 28, where they abut Block 30.
(.~) agrees to register a covenant on title on Lots I, 2, 3, 26, 27 and 28, that no grade changes, removal of
vegetation or construction of structures of any kind is permitted within 2.5 metres of the rear
property line without written approval of the Metropolitan Toronto and Region Conservation
Authority.
(6) the zoning by-law referred to in Condition 15 to the Regions conditions shall contain the appropriate
provisions to prohibit any building or structure, the placement of fill, the alteration of n watercourse
or the removal of vegetation, other than as required for flood or erosion control, on Blocks 30 and
33. and a distance measured 2.5 metres from the rear lot line of Lots I, 2, 3, 26, 27 and 28, to the
satisfaction of the Metropolitan Toronto and Region Conservation Authority and the Ministry of
Natural Resources. The zoning by-law shall also provide sufficient lands for stormwater
management facilities, if required.
3. MINISTRY OF ENVIRONMENT AND ENERGY ("M.O.E.E.")
(I) M.O.E.E. requires lhat the Owner shall submit Io thc Ministry nf the Environment and Energy
and the Canadian National Railway for revicv, and a~proval, an acoustic rcoort to he prepared by
an acoustic engineer, recommending the necessary noise attenuation measures, msd a vibration
randy. Prior to final approval, thc Ministry and the Canadian National Railway shall he noti£~l
by a copy of the fully executed subdivision agreement between the Owner and the Town cf
Pickering that the noise and vibration control features recommended by the acoustical report and
vibration study as approved by the Ministry of Environment and Energy, the Canadian National
Railway and the Town of Picketing, shall he implemented as approved by requirements of the
subdivision agreement.
(2) Thc Owner agrees to place the following in all agreements of purchase and sale between thc
Developer and all prospective home buyers:
"De.spite the noise control features implemented within the development ami within the
individual dwelling units, noi:~e levels may continue lo be of concern, occasionally interfering
with m~,e activities of the dwelling occupants."
4. T.HE DURllAM i~OARD OF EDUCATION {"Tll£ BOARD")
(I} The Owner agrees to place the following in ali agreements of purchase and sale between the
Developer and all prospective borne buyers:
"Students/rom this area ma), itm'e to ttttend ¢.~cL~ttng scinn~l.~ out.~tde ttu, ir nctgitbn~rtun~d ~llth, ul~h
a schtn~l site Aas been reser~ved wal~tn an ad/acent plan o/sttt~dt$,ts~t,n, tt sct~t~! r~tt(v ru~t be builtfi~r
st,me time. ~[at all, and then only, t[ ~t ca,t he )ustff~¢d to the MmtstO' of l~Muc~gion. "
{2) The Owner agrees to post the standard Durham Board of F. ducation approved notice to parents
identified above in all sales representation centres.
5. MINISTRY OF CITIZENSIlIP, CULTURE AND RECREATION ("M.C.C.R."}
The Owner shall carry out a cultural heritage resource assessment of the subject property and mitigation
and/or salvage excavation of an)' significant heritage ~source~ to the satisfaction o£ the Regulatory and
Operations Group of the Ministry of Citizenship. Culture and Recreation. No grading or other soil
disturbance shall take pi~ce on the subject property prior to a letter of clearance from the Regulatory and
Operations Group of the Ministry of Citizenship, Culture and Recreation.
6. CANADIAN NATIONAl. RAIl. WAY ("C.NR.")
( I ) C.N.R. requires that thc Owucr,
(i) shall enter into a written agreement with the Canadian National Railway which stip~dates
how the Raiiway's concerns will be resolved and will pay the rai~way's reasonable costs in
preparing and negotiating the agreement.
(ii) agrees to construct a I.g3 metre high chain-link fence along the common property line ofthe
railway and the subdivi'fion. The Owner shall also agree to include a covenant running with
the lands, in all deeds, obliging the purchaser of the land to maintain the h,~-e :,~ a
satisfactory condition at their expense.
(iii) shall submit to the Ministry oi dm Environment and F. ncrgy and thc Canadian National
Railway for review and approval, an acoustic report to he prepared by an acous!ic engi~veer,
recommending the necessary noise attenuation measures, and a vibration study. Prior to
final approval, the Ministry and the Canadian Nation Railway shall be notified by a copy of
the fully executed subdivision agreement between the Owner and the Town of P~ckering that
the noise and vibration control features recommended by the acoustical report and vibration
study as approved by the Ministry of Environment and Energy, the Canadian National
Railway and the Town of Picketing, shall be implemented as approved by requirements of
the subdivision agreement.
27
(iv) ligrcc,,i t:~ ohlilin prior concurrence fron! thc R.ilwily lllld Io provide a dnd.a~c rclX~ll lo Iht
sutisl~ction ol'tho Railway Ibr any ~sed alterations to thc cxisti.~ drdn. Bc p.ttcm
~ffocting Railway pm~y.
(2) Thc zonln~ by-law rc~crrcd to in Condition I~ to thc Regions conditions shall con.in thc
appropriate provision(s) m rcquirc a minimum ~tb=ck o~ 30 metre ~or dwellings ~rom tl~ railway
rishtm~-way, with the exception o~ Lots 24, 2~ and 26 which require a 10.46 metre minimum
setback, to thc satisfaction o~thc Canadian National R~ilway.
(3) Thc Own=r agrees to place thc ~ollowing in all agreements o~ purcha~ and saic ~twccn ~c
Devclo~r and all prospcctive home buyers:
(i) "Purchasers and tenants' are warned ~ff II~e exi.~ling ~nadian Nalianal Railway %' operated
r~ght-qf-way: the ~s'sibili(v of allerations' lo or an ~pansion q[' ils ntil ~wilities' thereon in
Ihe .[~ture. including Ihe In~,vsibilily Ihal the Railway ratty expand ils operalhm, which
expansion may affect the living environmenl qf lhe residems' notwilhxlanding Ihe mcluxion ~ff'
noise and vibration allenuating mea,vures in the design ~ff the subdivision and individual
units, and that the Railw~ will not be res~nsible for complaints or claimv arising~om the
Railw~ ~ use of ils facilities ancot o~ralio~. "
(ii) "Purchasers and tenanl.~ are nol~ed that the berm, ~ncing and other hal,ye allenualion
measures are not lo be laml~red with or altered and.furlher that the Owner shall have Ihe
so& res~nsibility for and shall maintain lt~ese measures' Io the salisfaclion of C~nadian
National Railway."
o, Transfer/Deed of Land
ontario
Form I -- ~ R~lltml~ ~f~
(3),~,)
~u~
(S) DIK~pllon This is a
Dwis~on
New Properly Identifiers
Additional:
See
Schedule [--
(6) ~ument (a) Redeecription i(b) Schedule for: I (7) Inter~t/Estafe Transferred
New Easement ' Additional ~ Fee Simple
?fansfero~(s) The transferor hereby transfers the land to the transferee and cert,fles that the transferor is at least eighteen years old and that
Date of Signature
Name(s) S~gnature(s) Y :
l
)'(9) Spouse(s) o! Transferor(s) I hereby consenl lo this transachon Dale of S*gnature
Name{s) S,gnaturels; Y M D
(10)Transferor(s)
lot Sendce
(11) Transferee{a) Date of B~rlh
Y M D
m OF' PICI~R_IIqG
Bruce gaTlor, Clerk , :
(12) Tranafe~L,,~(s) Addre,~
~> forSe~ce P.i. cke. ri.n9 Civic Ce~'er Or~ ~ Eslol _ar~_er Pick~_r.i.r~; Onta~.i.o Li¥ 6]<7
I (13) Transferol~s) The transferor verities that to the best of the transferor's know~<:lge and b~et, this transfer 0o~ not contravene s~::t~n 50 of the Piann~r<j Act
~ Date of Signature Date of S,gnature
ISi~natu;e ......................... ; ...... :... :...! S~§nature ........................... , ...... :... : ....
I Solicitor for Tr~in,,feror(s) I have explained the effect of section 50 of the Planning Act lo ~he t~ansferor anD I have made mqu,~es of the transferor tO
~! de~ermine that this transfe~ does not cont. avene that section and based on the ~nformation suppl~d by the transferor, to the best of my kr~wled~e and
Z ! belief, thi~ trans~ler does not contravene that section. I am an Oniario ~oticitor in good s~and~ng. Date of Signature
I-.-01 Name a~d : Y , M D
~ I Address of , : { :
O, S~it~ S~jnature ..............
~ I '~ ] (14) Solicitor for Trenlferee(a) I have ~nvest~gated the title to this land and to abut1=ng land where ,eevant anO I am sat,stieO thal the 5tie records
< IA:_~-I reveal no contravention as set out ~n subclause 50 (22) (c) (i~) of the Planning Act and the! to the best of my knowledge and ba~e~ th,s ,ansfer
;!1 does not cor',traver~ seetieo ~,~ the I:~anning Act. t act ~ndepende~tly of the solicitor for the tr3nsferor(s) and I am an emend sot~c~or in good
i~ i~,,,_~ I Name and Date of ~,gnature
I
L1V 6K7 , Tot~
(7) INTEREST/F~TA?E TRANSFERRED
Subject to the following terms and conditions, the free, uninterrupted and unobstructed right
and easement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruc~ and
remove stoma drainage works together with apportenances thereto (herein called the "wodcs"),
in, over, along, across, upon and under the land described in Box S (herein called the "lands"),
and to drain storm water in, over, along, across, upon and under the lands, together with the
right to the Transferee, its servants, agents and contractors with all necess~try vehicles, supplies
and e.q.uipment to enter onto the lands and pass and repass over the lands for the ptLrpOSe of
exerclstng or enjoying any of the rights granted herein.
The terms and conditions which the parties hereto covenant and agree to observe and be bound
by are as follows:
1. The Transferee shaH, except in case of emergency, before commencing any work
authorized hereby, give to the Transferor forty-eight hours previous written notice
thereof, and in cases of emergency such previous notice thereof as is reasonably possible.
2. Upon completion of any work, the Transferee shall f'dl in all excavations, restore fences,
and restore the s,~ace of the ground by restoring all topsoil and grass cover disturbed
thereby, and do ,ecessary grading to ensure soil and slope stability, and remove all
equipment.
3. The Transferor shall not erect any building or structure (except a fence) on the lands, and
shall not place or remove any fill on or from any part of the lands without the previous
written consent of the Transferee.
4. The right and easement granted her~in shall be subject to all leases, licences, and any
rights of use or occupation existing at the date hereof, ami the Transferor may from thne
to thne renew or extend these or make new ones, so long as they do not interfere
unreasonably with the right and easement herein granted.
5. The Transferor hereby releases the Transferee flora any claim which may arise out of the
exercise by the Transferee of the right and casement granted hereby or which may arise
out of the existence of the storm water or the cxislencc, operation or non-operation of the
storm drainase works provided the Transferee has complied with all of the terms and
conditions herein.
6. The Transferor shall execute such furthe~ assurances of the right and easement granted
hereby as the Transferee may reasonably request in writing.
7. The burden of this Transfer and of all the terms and conditions contained herein shaH run
with the lands.
This Transfer and aH of the terms and conditions contained herein shall enurc to thc
benefit of and be binding upon the Transferor and thc Transferee and their respective
heirs, executors, administrators, successors and assigns.
LAND BENEFFFFED (DOMINANT TENEMENT)
9. The benefit of this Transfer and all of the terms and conditions contained herein shall mn
with all other lands and interests in lands owned, occupied or used by the Transferee for
the purpose of operating and maintaining storm drainage works.