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HomeMy WebLinkAboutBy-law 5012/97BY- LAW REPEALED BY ......... REPEALS .... AMENDED BY AMENDS DISPOSITIOH THE CORPORATION OF THE TOWN OF PICKE~__N_O BY-LAW NO. 5 0 J.2f9 7 Be!ng a by-law to authorize the execution of a Subdivision Agreement and related documentation proposing to subdivide part of Lot 24, Plan 329, Picketing (Rondev Homes Ltd., Draft Plan 18T-87043). WHEREAS, the proposal to subdivide and register a plan of subdivision of part of Lot 24, Plan 329, Picketing, has been approved by the Commissioner of Planning of the Regional Municipality of Durham as Draft Plan 18T-87043, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement with The Corporation of the Town of Picketing, pursuant to the provisions of the Planning Act, R.S.O. 1990, chapter P.I 3 section 51 (6) and WHEREAS, pursuant to the ~rovision of the Municipal Act, R.S.O. 1990, chapter M.45, section 191(1) 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: !. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement in the form attached hereto as Schedule A, between Rondev Homes Ltd. and The Corporation of the Town of Picketing, respecting the development of part of Lot 24, Plan 329, Picketing, being Draft Plan 18T-87043. 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 the land in the nature of storm drainage works easements in the land comprising Draft Plan 18T-87043. BY-LAW read a first, second and third time and finally passed this 20th day of May, 1997. TOWN or t~ruce Taylor, Clerk (2) Schedules A, B, C, D and E attached hereto ~hall form part of this Agreement. (3) Time shall be of the essen,e of this Agreement. This Agre~nent 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. NOTICE (1) Any notice required to be given hereunder may be given by personal delivery or registered mail, (a) in the case of the Owner, to Joseph Argier, President Rondev Homes Ltd. 70 Leek Crescent Richmond Hill, Onlario L4B IHI and (b) in the case of the Town, to The Town Clerk The Corporation of the Town of Pickering Pickering Civic Complex One The Esplanade Pickerim: Ontario LIV 6K7 (2) Each Party may redesignate the person or the address, or both, to whom or to which such notice may be given by giving written notice to the other. (3) Any notice given in accordance with this section shall be deemed to have been given on the second day following the day of delivery or the day of mailing, as the case may be. 6 LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enable the Owner and the Town's inspectors to enter upon the Lands in order to comply with the provisions of this Agreement. 7. OWNER'S GENERAL UNDERTAKING The Owner shall complete in a good workmanlike manner for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town, and shall complete, perform or make payment for such other matters as may be provided for herein. g. OWNER'8 EXPENSE Every provision of tl~s 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 t~luires otherwise. 2 PART 2 - CONSTRUCTING THE TOWN'S SERVICES 9. CONSULTING ENGINEEI~s (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineer' ag and to supervise the work required to be done for the development and construction of the projcct. (2) Such Consulting Engineer, or any successor thereto, shall cominue 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 (1) 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 Tow~ and approved by the Town's Director of Public Works in accordance with the Town's specifications for such Works: (a) Town roads within the plan, complete with all signs and other appurtenances; (b) Town roads adjacent to the plan and not separated from the plan by a reserve or reserves, complete with all appurtenances; (c) removal and replacement of any temporary turning circle located immediately adjacent to the plan on a Town road to be extended into the plan; (d) street storm sewers on roads referred to in (a) and (b), complete with curbs, gutters, : catchbasins and manholes; , (e) storm water drainage and management system serving the lands in the plan and lands outside the plan but draining through the plan, complete with detention or retention facilities, quality control devices and outlets; (f) boulevards and sidewalks on Town roads 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 OYmer is required to remove and replace a temporary tuming circle; (g) street lighting on Town roads within the plan, on Town roads adjacent to the plan but not separated from the plan by a reserve or reserves, and on Town roads to be extended into the plan where the Owner is requ~xed to remove and replace a temporary taming circle; ~ (h) street tree planting 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; (i) walkways on walkway blocks and park entrances, complete with walkway fencing and lighting; and (j) other fencing, irmluding, (i) fencing adjacent to commercial sit~s, school sites, parks, open space, storm water management facilities and roads adjacent to the plan and separated from thc plan (ii) wood privacy fencing along south boundaries o£Lot I and Block 16. (2) If at any time prior to the 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 the request of the Director. (3) All Works shall be constructed and installed in accordance with the Town's specifications and in a good and workmanlike manner under the supervision of the Owner's Consulting Engineer and under the observation of the Town's inspectors or, in the case of street lighting, Picketing Hydro's inspectors. (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 the Town. (5) The Owner shall pay to the 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. 11. GENERAL REGULATIONS RESPECTING SERVICING (1) 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 fill or debris on, nor remove or permit to he removed any fill from, an~, public lands, other than in the actual construction of roads in the project without the written consent of the authority responsible for such lands. (,~) The Owner shall not burn nor permit to be burned any refuse or debris within the project or adjacent to it. (5) The Town's Director of Public Works may have qualitative or 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. (6) The Owner shall pay, within 30 days of invoices being rendered, the costs of, (a) relocating any existing services or utilities l'equired to he relocated by the construction or installation of Works, services, or u~.ilities in the project, and (b) moving any Works, services or utilities installed in driveways or so close thereto, in the opinion of the Town's Director of Public Works, as to interfere with the use of the driveway. (7) Unless otherwise provided herein, thc Owner shall perform any work required to be done under this Agreement to thc specifications of the Town in effect at thc date hereof. (8) The Owner shall provide and erect temporary signs of such nature and at such locations as ': ~ r- ; ~ ~ the Town's Director of Publio Works. 4 ~ECTRICAL SERVICI~S Where 01e0tricity, cable t~levision service or telephone service is to be provided to any lot or block in the project, it shall be provided underground and in a~cordance with the standards and specifications of Picketing Hydro-Electric Commission, Trillium Cable T.V. Limited or Bell Canada, as the case may be. 13, TREE INVENTORY / q[REE P~SERVATION pROGRAM (1) The Owner shall submit a Tree Inventory and a Tree Preservation Program prepared by a qualified expert, and based upon the Town-approved Grading Control Plan, indicating 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 implemem the Program as approved only. (2) Until the Tree Preservation Program is approved the Owner shall not commence, nor allow to be eomanenced, any aspect of the development of the lands in the project, including the removal of any tree. (3) In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the opinion of the Town's Director of Parks and Facilities, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall replace that tree with a ~ree of a height, diameter and species determined by the Director; such replacement shall be at no cost to the Town. (4) The 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 the completion of the sodding on the lot or block, or (b) where the lands upon which the tree is located comprise lands other than a residential building lot, the issuance by the Town of the Final Acceptance Certificate. 14. GRADING CONTROL PLAN / LOT DRAINAGE AND SODDING (1) The Owner shall submit to the Town, for the approval of the Town's Director of Public Works, a Grading Control Plan (including a geotechnical soils analysis) prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands in the project to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the lands in the project. (2) The Grading Control Plan shall bc prepared in accordance with thc Town's Lot Drainage Specifications and shall not provide for the drainage of surface nm-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suitable swales and catch basins to manage adequately, in the opinion of the Town's Director of Parks and Facilities, that surface run-offwater. (3) The Owner shall grade all the lands in the project in accordance with the approved Grading Control Plan, ensuring that sufficient topsoil remains as cover on all areas of the project intended for sodding, seeding, or other planting. (4) If the Town determines that, (a) grading has not been done in accordance with the Grading Control Plan, Co) grading has been done in accordance with the Grading Control Plan but drainage problems remain, or (c) sufftci~,n~t topsoil has not been left in the appropriate areas, 5 the Owner shall rc-~radc the project, or part thereof affected, adding a su~cient amount of topsoil if necessary, or construct catch basins, swales or other structures as may be nccgssary to comet such problems, as directed by the Town's Director of Public Works. The Owner shall sod the front, side and rear yards ofeach of the residential lots and blocks in thc project except for paved, planted or weed areas prior to the occupancy of the dwelling unit located ~hereon or within the six months immediately thereafter except, where the occupancy of the dwellin6 unit occurs in November or December of any year, the time limit for sodding may be extended to June 30 in the following year. 15. AUTHORIZATION TO COMMENCE WORK The Owner shall not commence the construction or installation of any of the Works without the written Authorization to Commence Work of the Town's Director of 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; (b) 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) ali approvals and permits have been obtained by the 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 all encumbrances, to the Town, of all necessary Easements and Transfers of interests in lands lying outside of the Lands as identified in Schedule A; (e) the Owner's Solicitor has provided, at thc Owner's expense, a certificate of clear title, to the satisfaction of the Town Solicitor, of all the lands and interests of lands conveyed to the Town as set out in Schedule A hereto; and (0 the Owner provides to the Town, in a form acceptable to the Town Solicitor, the executed Release and Acknowledgement from the owners of Part Lot 24, Plan 329, Picketing, (municipally known as 1897 Woodview Avenue) regarding the impact of the urbanization of ~ Woodview Avenue on any riparian water rights associated with those lands. USE OF WORKS PENDING COMPLETION / EMERGENCY REPAIRS (1) Any of 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 purposes for which the Works are ' designed, and such use shall 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 release of the Owner from any of its obligations under this Agreement. (2) The Town may make emergency repairs at any time to any of the Works and may for this purpose enter the Lands at any time; such repair or entry shall not be deemed an acceptance of any of the Works by the ToWn, nor an assumption by the Town of any liability in connection therewith, nor a release of the Owner from any of its obligations under this Agreement. INTERNAL / EXTERNAL ROAD MAINTENANCE AND REPAIR / SNOW pLQW[]~O (!) Throu$bout the texm of this Agr~ment, the Owner shall, (a) maintain all Town wads within the project in a mud and dust free condition and free of obstructions, regardless 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 roads within the project that are not sabject to the Town's winter control program. (2) The Owner, within 24 hours of verbal notification by the Town to it or its representatives, shall undertake such works as are necessary to clean, clear, repair, plow or salt any Town road requiting such work in the opinion of the Town's Director of Public Works or his designate. 18. COMPLETION DATES, TOWN WORKS AND SERVICES (1) The Owner 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 ofnon- residentie, 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 later than two years from 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 the occupancy of any dwelling adjacent thereto; (j)(l) other fendng adja~nt to, A parks, open space and storm water management facilities - prior to the occupancy of any dwelling adjacent thereto; B commercial sites and school sites - one year from date of Authorization to Commence Work; and C roads adjacent to the plan and 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 r,o later than two years from date of Authorization to Commence Work; and (j)(ii) Lot I and Block 16 - prior to thc occupancy of any dwelling on Lot 1, following the satisfactory completion and testing of all of which, and the approval thereof by the Town, the Town shall issue to the Owner a Completion Accep*,ance Certificate. (2) Despite the provisions of subsections (l)(f)(i) and (l)(j)(i)C, where the occupancy of the first dwelling unit occurs in November or December of any year, the time limit for construction of the adjacent boulevard, sidewalk or fencing segment shall be extended to June 30 in the following year. 19. FAILURE TO COMPLETE / IMPROPER PERFORMANCE (1) If, in the opinion of the Town's Director of Public Works, the Owner is not constructing or installing the Works, or causing them to be constructed or installed, within the specified time or so that they may be completed within the specified time, or is improperly performing the Works, or has neglected or abandoned them before completion, or has unreasonably delayed them so that the terms and conditions of this Agreement are being violated or executed carelessly or in bad faith, or has neglected or refused to renew or again perform Works rejected by the Director of Public Works as defective or unsuitable, or has in any other manner, in the opinion of the Director of Public Works, defaulted in the performance of the terms and conditions of this Agreement, then the Director may notify the Owner and his surety in writing of the default or neglect and if the notification be withom effect for seven days, then the Director shall have full authority to malce any payment or do any thing, including but not limited to obtaining materials, tools and machinery and employing persons required for the proper completion of the Works or rectification of the default, 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 Director may act without prior notice but the Owner and its surety shall be notified forthwith. (3) The cost of rectifying the default shall be calculated by the Director of Public Works, whose decision shall be final, and may be charged to the Owner, together with a 25 per cent engineering and administration fee, by drawing upon the letter of credit filed with the Town under section 21. 20, GUARANTEE OF WORKS, WORKMANSHIP AND MATERIALS (1) The Owner shall guarantee all Works, workmanship and materials employed or used in the construction, installation or completion of Works, services and other requirements under this Agreement t~or a minimum period of two years (the "maintenance period") following the issuance of the 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 rectitication of any unsatisfactOrily installed Works. (3) Prior to the end of the maintenance period, tlg Owner's Consulting Engineer ~11 submit to the Town, (a) "as built" construction drawings for the Works complete as per Town standards, together with that Consulting Engineer's certificate that those drawings accurately depict the Works as constructed; and (b) a statement by an Ontario Land Surveyor that all standard iron bars as shown on the registered plan, and survey monuments at all block comers, at the ends of ali curves (other than comer roundings) and at all points of change in direction of streets in the plan have been found or re-established. (4) Prior to the end of the maintenance period, the Town will re-inspect the Works and if, (a) the Works are acceptable; and (b) the Owner has perforated all of its obligations under the terms of this Agreement to the satisfaction of the Town, the Town will issue to the Owner a Final Acceptance Certificate at which time the Town will assume ownership of the Works and the operation and maintenance thereof, and the maintenance period will then end. (5)If upon the re-inspection conducted prior to the end of the maintemmce period, (a) the Works are not acceptable, or (b) the Owner has not performed all of its obligations under the terms of this Agreement to the satisfaction o£ the Town, the Town will advise the Owner of the deficiencies, the expected rectifications, and the time limited for implementing the rectifications (the "rectification period") and the maintenance period shall be extended to the end of the rectification period. (6) At the end of the rectification period, the Town will re-inspect the Works and if, (a) the Works are acceptable; and (b) the Owner has performed all of its obligations under the terms of this Agreement to the satisfaction of the Town, the Town will issue to the Owner a Final Acceptance Certificate at which time the Town will assume ownership of thc Works and the operation and maintenance thereof, and thc maintenance period will then end. (7) If upon the re-inspection conducted at thc end of the rectification period, (a) the Works are still not acceptable, or (b) the Owner has not performed all of its obligations under the terms of this Agreement to the satisfaction of the Town, thc Town's Director of Public Works shall determine, in his sole discretion, whether a further rectification period will be granted, and, if so, upon what terms and conditions, or whether thc Town shall proceed under the provisions of section 19, or both. PERFORIV~ NCE AND MAINTENANCE SECU~~ (1) B~for~ this Agr~rn~nt will b~ ~x~uted by tho Town, th~ Owner shall file with the Town an irrcvocabl~ l~t~er of credit, issued by a char~or~d bank in Canada in the form s~t out in Sch~iul¢ B and in an mount established by the Director of Public Works (the "original value"), a~ a porformanc~ and maintenance security for the purpose of, (a) guaranteeing the satisfactory cons~xuction, installation or performance of the Works; (b) guaranteeing the payment of any amounts payable to the Town under this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisicns oi ~be Construction Lien Act, or any successor thereto, and (d) guaranteeing all Works, workmanship and materials during the maintenance period and any rectification period or periods and until a Final Acceptance Certificate has be~n issued by the Town's Director of Public Works. (2) The Owner may, at any time after the first 50 per cent, in value, of Works have been constructed, installed or performed, and paid For, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the Works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less (a) 60 per cent of the original value where no certificate or declaration of substantial performance has been made; (b) 3~ p~r cent of the original value where, (i) a certificate or declaration of substantial pefformm~ce has been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by payment into court; and (e) 17 per cent of the original value where, (i) a certificate of final completion has been made by the Owner's Consulting Engineer; (ii) 45 days following the making of such certificate have expired; (iii) all liens that may be claimed against any holdback requiaed to be retained by the Town have expired or have been satisfied, discharged or provided for by payment into court; and (iv) a Completion Acceptance Certificate has been issued by the Town's Director of Public Works, which 17 per cent portion shall secure the guarantee of Works, worlunanship and materials, until a Final Acceptance Certificate has been issued by the Town's Director of Public Works, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. (4) upon tho approval, if any. of a reduction in the amount of the sec..urity required to be provid~ in ~tion (1). the Town Manager or the Town Treasure' shall provide to tl~ Owner any n~,ossary assurance to eff~t the reduction. 22, O'~rNER'80ENERAL {NDI~kfNIT¥ UnH{ the Town's Director of Public Works has issued the Final A~epumce Certificate for the Works, the Ovmet shall indemnify the Town against ail actions, causes of actions, suits, ulalms and demands whatsoever, which may arise either directly or indirectly by reason of the Owner undertaking the project or servicing the Lands _as required under this Agreement. 23, OCCUPATIONAL HEALTH AND (l) The Owner certifies that it is aware of its duties and obligations unOer the O¢¢apatYona! Health a~{d Safe0~ AcL or any successor thereto, and all Regulations thereunder (in this section called the "Act"), lind shah ensure that its employees, contractors, subcontractors and their employees. (a) are aware of their respective duties mid obHgatio,s under the Act, and (b) have sufficient knowledge and training to perform all works and services required pursuant to this Agreemen! safely and in comp{lance with the Act. In the performance of ali works and services required pursuant to this Agreement, the Owner shaH, (a) act safely and comply in all respects with the Act, and (b) ensure that its employees, contractors, subcontractors and their employees act safely and comply in all respects with the Act. (3) The Owner shall rectify any unsafe act or practice and any non-compliance with the Act immediately upon being notified by any person of the existence of such act. practice or non- compliance. The Owner shall permit representatives of the Town on the site where any works or services reo~uired pursuant to this Agreement are being performed at any time or times for the purpose of inspection to determine compliance with this section. (~ ~ No act or omission by the Town or any representative of the Town (including the entering into of this Agreement) shall be deemed to be an assumption of any of the duties or obligations of the Owner, its employees, contractors, subcontractors and their employees duder the Act. (6) In addition to the Owner's> l>c-~era{ indemnification of the Town pursuant to section 22, above, the Owner shall inderm~if:~ >~d save harmless the Town, (a) from any loss, inconvenience, damage or cost to the Town which may result from the Owner or any of its employees, contractors, subeontractors and their employees failing to act safely or to comply in all respects with the Act in the performance of any work or service required pursuant to this Agreement; and (b) against any action or claim, or costs related thereto, brought against the Town by any person arising out of any unsafe act or practice or any non-compliance with the Act by the Owner or any of its employees, contractors, subcontractors and their employees in the performance of any work or service required pursuant to this Agreement. 24, . LIABILITY INSURANCE POLICY / PROVISION F~QI~ DEDUCTIBt.~ (1) B0foro this Agreement will be executed by the Town, the Owner shall file with the Town a Certificate of Insurance verifying that a Liability Insurance Policy is in effect, setting out the ess0ntial terms and conditions of the insurance, and naming the Town as additional named insured, all of which shall be subject to the approval of the Town Solicitor. The policy shall comply with the following p:ovisions: (a) the minimum limit per occurrence shall be $5,000,000 ail inclusive for property damage and personal liability; (b) it shall not contain a clause for exclusion for blasting; and (c) it may not be cancelled unless prior notice by registered letter has been given to the Town by the insurer thirty days in advance oftbe expiry date. (3) The policy premium must be paid initially for a period of one year and thc policy shall be renewed for further one year periods until thc Final Acceptance Certificate has been issued by the Town's Director of Public Works. (4) If the policy coverage is subject to a deductible amount, the Owner shall tile with the Town, when filing the Certificate of Insurance, a certified cheque or letter of credit with the Town in the deductible amount, as a deposit, together with a letter from the Owner authorizing the Town to appoint an independent adjuster and to investigate claims less than the deductible amount and authorizing the Town to pay such claims deemed valid by the adjuster out of the deposit; the Owner shall be responsible for all adjustment service costs and shall maintain the deposit throughout the term of this agreement in the amount of the deductible. (5) The provision of the insurance policy required by this section shall not relieve the Owner from liability for claims not covered by the policy or which exceed its limits, if any, for which the Owner may be held responsible. PART 3 - DEVELOPING THE PROJECT 25. CONSTRUCTION AND OCCUPANCY OF BUILDINGS (1) No building permit shail be issued for any building or part of a building on the Lands until, (a) ail buildings and structures on the Lands prior to draft plan approval have been demolished by the Owner; (b) sewer and water facilities are available, and in the opinion of the Town's Director of Public Works, capable of providing adequate service; (c) an asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing maintained road; and (d) the Owner has paid to the Town the applicable development charge for each dwelling in that building or part thereof in accordance with By-law 3854/91, enacted pursuant to the Development Charges Act. (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 muuicipai occupancy permit for a building or part of a building shail be made except upon the following conditions: (a) storm sewer, sanitary sewer mad water facilities are installed and in operation to adeqUately serve such building or part thereof; 12 (b) electric service is completed and in operation; and (c) such curbs, as in the opinion of the Town's Director of Public Works, are required to be completed prior to occupancy have been constructed on the road immediately in front of the building or part thereof and extended to an existing maintained public road. (4) The Owner shall m~.intain vehicular access to all occupied buildings on the Lands until the roads in the plan are formally assumed by the Town. 26. DESIGN PLANNING - RESIDENTIAL UNITS AND NOISE ATTENUATION STRUCTURES (1) Prior to the issuance of any building permit for the construction of any residential unit on the Lands and the construction of any noise attenuation structure in or adjacent to the project, the Owner shall submit to the Town's Director of Planning, for approval, a report outlining siting and architectural design objectives for the project. (2) That report may be required, at the Director's option, to provide the following information: (a) house massing; (b) streetscape; (c) exterior materials and colours; (d) architectural style; (e) visual variety; (f) energy conservation measures; and (g) any other data or information reasonably required. (3) Prior to the issuance of each building permit for the construction of a residential unit on the Lands, the O~er shall submit to the Town's Director of Planning, for approval, site plans and architectural drawings for that unit. (4) Those plans and drawings may be required, at the Director's option, to provide the following information: (a) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; (b) the location of landscaping features, including trees to be preserved; (c) streetscape for front, rear and flankage elevations at a scale acceptable to the Director; (d) streetscape to show all street furniture and vegetation; (e) the relationship of buildings by blocks; and (f) any other data or information reasonably required. 27. SPECIFIC PROVISIONS RESPECTING DEVELOPMENT The Owner shall comply with any specific provisions respecting the development of this project set out in Schedule D. PART 4 - FINANCIAL MATTERS 28. EXPIRY OF SECURITIES (1) Should any letter of credit security required to be provided hereunder expire before the 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 effect upon the expiry. 13 (2) Such fUrther security ~hall be in a form and amount Satisfactory to the Town. (3) Should no such further security bc provided as rexluircd, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for thc some purposes as the expiring security. 29. PAYMENT OF LIENS AND OTHER CLAIMS (1) The Owner shall discharge or vacate any liens or claims filed with the Town or registered on title to any Town-owned lands within thirty days of being requcstexi to do so by the Town. (2) At thc end of the maintenance period, as extended during any rectification period, thc Owner shall file with the Town a Statutory Declaration stating that, (a) all materials have been supplied and all services and works have been completed in the project with respect to the construction and installation of Works and other services; (b) all accounts for work or service performed and materials placed or furnished upon or in respect of the construction and installation of Works and other services in the project have bccn fully paid and satisfied and no person is entitled to claim a lien under the Construction Lien .4ct agains! the Town or any Town-owned land; (c) there arc no judgments or executions filed against thc 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 thc Workers' Compensation ,4ct; (¢) the Owner has not made any assignment for the benefit of creditors, nor has any receiving order been made againsl it under thc Bankruptcy .4ct, nor has any petition for such an order been served upon thc Owner; and (0 45 days have passed since the completion of thc construction, installation, and last rectification of the Works and services. 30. PAYMENT OF INTEREST ON OVERDUE AMOUNTS PAYABI.E The Owner shall pay interest at the rate of 18 per cent per year to the Town on all sums of money payable hereunder which are not paid on the due dates calculated from such duc dates. 31. pAYMENT OF REALTY AND BUSINESS TAXES / LOCAL IMPROVEMENT CHARGES (1) 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 ~om 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 Regional Municipality of Durham ali local improvement charges assessed against thc lands in the plan. 32. PAYMENT OF DEVELOPMENT CHARGES (1) The Owner shall pay to the Town, in accordance with the Development Charges Act and the Town's DeveloPment Charges By-law 3854/91, development charges for each dwelling unit erected within the project. (2) Th~ amount of the development charge for each ~dwelling to b~ erec~d in the plan shall be the amount set out in SChedule C for that type of dwelling, as adjusted annually in accordance with Schedule C. (3) Whet0 a development charge is payable for a dwelling located on a parcel of land comprised of land in this plan and land not in this plan, the amount of the development charge payable for that dwelling shall be the amount calculated in accordance with the provisions of the subdivision agreement for the most recently registered of the plan or plans within which the parcel is located. 33. PAYMENT OF ENGINEERING, LEGAL AND REGISTRATION FEES (1) Prior to the release for registration of this plan, the Owner shall pay by certified cheque to the Town an Engineering Drawing Inspection Fee in the amount set out in Schedule C for the examination and inspection done by the Town's Public Works Department in the processing of the engineering drawings for this project. (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 Fee 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, the Owner shall pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision, this Agreement, or any other documentation, including transfers, in the Land Registry Office. PART $ - TRANSFERS AND REGISTRATIONS 34. TRANSFERS OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF (1) Prior to the release for registration of this plan, the Owner shall convey or cause to be conveyed to the Town, free and clear o£ ali encumbrances and at no cost to the Town, all of the lands or such interests in lands identified in Schedule A for the purposes set out therein. (2) The Owner hereby warrants that., upon such conveyance, neither the title to the lands conveyed nor their physical state and condition shall prevent the To~n from lawfully or physically using the lands for the purposes for which they are being conveyed as set out in Schedule A. (3) Where none of the lands identified in Schedule A are to be conveyed for parkland purposes, the Owner shall pay to the Town, before this Agreement will be executed by the Town, an amount calculated in accordance with the provisions of Schedule A in lieu of a 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) The Town may complete or alter any description of land in this Agreement or in any Transfer/Deed given pursuant to this Agreement so as to make the description correspond with the description of the land according to the plan which is to be registered pursuant to this Agreement. 35. RELEAs]~ OF THE PLAN FOR REGISTRATION Before the TOwn will advise the RegiOnal Municipality of Durham that the conditions of Draft Approval affec'~ing the Town have been satisfie~, the Owner shall deliver to the Town the following; = (n) four ted-lined copies of this Ag.~'eement executed by the Owner and all En~tunbrancers; Co) 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 s~tion 34 respecting the conveyances identified in Schedule A, and one draft copy of each required reference plan, (d) a certificate of clear title to the Lands being conveyed to the Town, from the Solicitor for the 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. 36. REGISTRATION OF AGREEMENT (1) This Agreement shall be registered by the Town in the Land Registry Office for the Land Titles Division of Durham (No. 40). Prior to the registration of this Agreement, the Owner shall pay all registration costs relating in any way to the registration of this 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, of all 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 the Town from any loss, inconvenience or damage which may result to the Town f~om the Owner's failure to comply with subsection (2) and against any action or claim made against the Town by any person other than the Owner arising out of the execution by the Town of this Agreement. (5) The Owner shall give to every purchaser of the Lands or any part of the Lands actual notice of the existence and the terms of this ^greement and shall include an acknowledgment in any offer to purchase or other similar document dealing with the Lands, or any part of them. (6) The Owner shall execute such further assurances of the fights hereby granted as may be deemed necessary by the 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 HOMES LTD. Joseph Argier, President Ronald Jason Fisico, Secretary I~e have authority to bind the corporation THE CORPORATION OF THE TOWN OF PICKERING Way~ Arthar~, Mnyor Brace Ta¥1% Cl~a-k :~ ~ S% DULE^ TRANSFEP~ OF LANDS OR INTERESTS IN LANDS OR PAYMENTS IN LIEU THEREOF (Section 34) 1. CONVEYANCES REQUIRED TO BE MADE TO THE TOWN Land to be Conveyed Purpose Interest to be Conveyed Block 30 Reserve (Nordane Drive) Fee Simple Block 31 Reserve (Sandhurst Crescent) Fee Simple 3,0 metre wide strip along the Storm drainage works Easement south boundary of Lot 1 3,0 metre wide strip along the Storm drainage works Easement south boundary of Block 20 1.5 metre wide strip along the Storm drainage works Easement north boundary of Lot 3 1.5 metre wide strip along the Storm drainage works Easement south boundary of Lot 4 1.5 metre wide strip along the Storm drainage works Easement east boundary of Lot 8 1.5 metre wide strip along the Storm drmnage works Easement west boundary of Lot 9 1.5 metre wide strip along the Storm drainage works Easement east boundary of Lot 12 1.5 metre wide strip along the Storm drainage works Easement west boundary of Lot 13 1.5 metre wide strip along the Storm drainage works Easement east boundary of Lot 22 1.5 metre wide strip along the Storm drainage works Easement west boundary of Lot 23 Any other portion of the Lands Storm drainage works Easement determined by the Town's Director of Public Works Any lands outside the Lands Storm drainage works Easement detem,,ined by the Town's Director of Public Works CALC~ON OF AMOUNT PAYABLE IN LIEU OF PA~AND CONVEYANCE (1) The Owner shall obtain a written appraisal, prepared by a professional land value appraiser acceptable to the Town, of the value of all the land in the plan as of the day before draft pian approval date. (2) The amount payable in lieu of a parkland conveyance shall be a sum equal to five per cent of that value and shall be provided in the form of cash or a certified cheque. 3. STORM DRAINAGE WORKS EASEMENT REFERENCE PLANS : (1) Before the Town will advise the Regional Mu:ficipality of Durham that the conditions of Draft 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 I oft[ds 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 easement 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 continue to apply. (4) Where the Town's Director of Public Works determines that the Town r~luires 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 easement is for storm drainage works purposes, the following Schedule shall be attached to the Transfer/Deed of Easement: INTEREST/ESTATE TRANSFERRED fl Subject to the following terms and conditions, the free, uninterrupted and unobsU'ucted right and easement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct aud remove storm drainage works 'together with appurtenances thereto (herein called the "works"), in, over, along, across, ~ _upon and under the land described in Box 5 (herein called the "lands"), and to drain storm water in, over, I along, across, upon and under the lands, together with the fight to the Transferee, its servants, agents and I contractors with all necessary vehicles, supplies and equipment to enter onto the lands and pass and I- i repass over the lands for the purpose of exercising or enjoying any of the rights granted herein. The terms and conditions which the parties hereto covenant and agree to observe and be bound by are as follows: 1. The Transferee shall, e×eept 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. ii, 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 ens~,~re soil and slope stability, and remove all equipment. 3. The Transferor shall not e!ect any building or structure (except a fence) on the lands, and shall not place or remove any fill on or from any part oftbe lands without the previous written consent of the Transferee. 4. The right and easement granted herein shall be subject to all leases, licences, and any rights of use or occupation existing at the date hereof, and the Transferor may from time to time renew or extend these or make new ones, so long as they do not interfere unreasonably with the right and easement herein granted. 5. The Transferor hereby releases the Transferee from any claim which may arise out of the exercise by the Transferee of the right and easement granted hereby or which may arise out of the existence of the storm water or the existence, operation or non-operation of the storm drainage works provided the Transferee has complied with all of the terms and conditions herein. 6. Tlze Transferor shall execute such further assurances of the right and easement granted hereby as the Transferee may re~u~onably request in writing. 7. The burden of this Transfer and of all the terms and conditions contained herein shall mn with the lands. 8. This Transfer and all of the terms and conditions contained herein shall enure to the benefit of ae~ be binding upon the Transferor and the Transferee and their respective heirs, executors, administrators, successors and assigns. LAND BENEFITFED (DOMINANT TENEMENT) 9. Tbe 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. SCHEDULE B REQUIRED FORM FOR PERFORMANCE AND MAINTENANCE SECURITY LETTER OF CREDIT (Section 21) To: The Corporation of the Town of Picketing Picketing Civic Centre One The Esplanade Pickering, Ontario LIV 6K7 We bereby authorize you to draw on [name of bank], [address of bank], for account of [name of company or companies obtaining security] up to an aggregate amount of [amount of security in figures and in full] available by drafts at sight for 100% of demand as follows: Pursuant to the request of our customers(s), thc said [name of company or companies obtaining security], we [name of bank], [address of bank], hereby establish and give to you an irrevocable Letter of Credit in your favour in thc 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 customcr(s or any of them) to make such demand, and without recognizing any claim of our said customer(s or any oftbem). Provided, bowcver, that you arc to deliver to [name of bank], [address of bank], 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 are 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 Thc Corporation of thc Town of Picketing; this Letter of Credit is given as thc Performance and Maintenance Security required by section 21 of that Agreement. Partial drawings are permitted. Thc amount of this Letter of Credit shall be reduced from time to time as advised by notice in writing given to us from time to time by you. This Letter of Credit will continue up to and including [date of expiry of Letter of Credit] and will expire on that date and you may call for payment of the full amount outstanding under this Letter of Credit at any time up to the close of business on that date. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended for one year from the present or any future expiration date hereof, unless 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 be duly honoured if drawn and negotiated on or before [date of expiry of Letter of Credit]. The drafts drawn under this credit arc to be endorsed hereon and shall state on their face that they arc drawn under [name of bank], [address of bank]. DATED this day of ,19 Ins~uctions for completing Letter of Credit: !. Letter of Credit must be typed on b~k letterhend. 2. Information required in square brackets must be provided where indicated, without brackets. 3. Phrases shown in round brackets must be included without brackets where there are two or more companies comprising the 4. The date in tbe sixth paragraph must be at least one year from the date ofthe Letter of Credit. 5. The date in the sevenlh paragraph must be the same as the date in the sixth paragraph. & · . Bnnk s~gnatories must show name, printed or typed, and tiOe, in addition to signature. SCHEDUI~ E ~ DEVELOPMENT CHARGES, ENGINEERING AND LEGAL FEES (Sections 32 and 33) ~ !. DEVELOPMENT CHARGES PAYABLE (1) Until and including October 7, 1996, the amount of the development charge payable under the Town's Development Charges By-law 3854/91 for each single or semi-detached dwelling unit within this project is $5,380. _~ (2) From and after October 8, 1996, the amount of the development charge payable for each single or semi-detached dwelling unit within this project will be as set out in subsection (l) as adjusted on October 8, 1995, and annually on every October 8 thereafter until paid, in accordance with the ~ Engineering News Record Cost Index (Toronto). 2. ENGINEERING DRAWING INSPECTION FEE PAYABLE The amount of the Engineering Drawing Inspection Fee payable for this project is $1,015. 3. SUBDIVISION AGREEMENT PROCESSING FEE PAYABLE The amount of the Subdivision Agreement Processing Fee payable for this Agreement is $3,210 [$3,000 plus $210 GST.] 4. WOODVIEW AVENUE/C.N.R. GRADE CROSSING CONTROLS CONTRIBUTION Before this Agreement will be executed by the Town, the Owner shall pay be certified cheque to the Town a contribution in the amount of $1,670 to the cost of the installation of grade crossing controls at the grade crossing of the C.N.R. right-of-way on Woodview Avenue north of Twyn Rivers Drive. SCHEDULED SPECIFIC PROVISIONS RESPECTING DEVELOPMENT (Section 27) 1. EXPECTED NUMI~ER OF DWELLINGS (1) This Agreement has been entered into in the expectation that 19 dwellings are to be constructed in this project, one each on Lots 1 to 15 and Blocks 16 to ! 9. (2) If more or less than 19 dwellings are to be constructed in this project, the Town at its sole discretion may require the Owner to obtain new approvals and authorizations under this Agreement and may prohibit any development until the new approvals and authorizations are obtained. 2. RESERVED FUTURE DEVELOPMENT BLOCKS - BLOCKS 16 TO 19 (1) Blocks 16 to 19, both inclusive, shall be reserved for future residential development; such development shall not commence until there are sanitary sewers and storm sewers available in Woodview Avenue to service those blocks. (2) Until such time as Blocks 16 to 19 are developed in accordance herewith, the Owner shall maintain them in a clean and orderly condition to the satisfaction of the Town. 3. RESERVED FUTURE DEVELOPMENT BLOCKS - BLOCKS 20 TO 29 (1) Blocks 20 to 29, both inclusive, shall be reserved for future residential development; such development shall not commence without the prior written approval of the Town which may be subject to conditions. (2) Until such time as Blocks 20 to 29 are developed in accordance herewith, the Owner shall maintain them in a clean and orderly condition to the satisfaction of the Town. 4. DOWNSTREAM SERVICE COST CONTRIBUTION The Owner shall, immediately prior to the registration of the plan, provide to the Town a certified cheque in the amount of $5,135X~_: payable to Danlu Holdings Limited, Perdanco Holdings Ltd. and Inperdel Holdings Limited, collectively known as Altona West Developments, as its contribution to the cost of the construction of the Petticoat Creek Storm Water Detention Pond, together with the necessary rights-of-way for vehicular and pedestrian access thereto from Altona Road. 5. WOODVIEW AVENUE RECONSTRUCTION CONTRIBUTION (1) The reconstruction and urbanization of Woodview Avenue from Pinegrove Avenue to the south limit of the HEPC corridor as detailed in the Subdivision Agreement for 18T-87066 must be complete to the satisfaction of the Director of Public Works prior to development of Blocks 16, 17, 18 and 19. (2) Before this Agreement will be executed by the Town, the Owner shall pay by certified cheque in the amount of $47,980.72 to the Town, the costs for urbanization and reconstruction of the east side of Woodview Avenue including the design, construction and installation of a roadway having a total travelled width of 9.75 metres, curbs and gutters, a storm sewer, storm sewer connections, catch basins, a sidewalk, boulevard excavation, grading and sodding, street lighting and driveway restoration. 22 6. ~.RBANIzATION OF WOODVIEW / RIPARIAN ~IC~HTS 1. Pursuant to Resolution 61/96, thc Town shall pay, by certified cheque to the Owner, the sum of $1 $,000 immediately following: (a) the completion by the Owner and the written acceptance by the Town's Director of Public Works of the installation of roadworks and all required services on Sandhurst Crescent; (b) the receipt of a Release and Acknowledgement, in a form satisfaCtory to the Town Solicitor, from the owners of Part Lot 24, Plan 329, Picketing, (municipally known as 1897 Woodview Avenue) regarding the impact of the urbanization of Woodview Avenue on any riparian water rights associated with those lands; and (c) receipt of satisfactory evidence that Blocks 25, 26, 27, 28 and 29, of Draft Plan 18T- 87043, have been conveyed to the owners of Part Lot 24, Plan 329, Picketing, (municipally known as 1897 Woodview Avenue). 2. In addition to and notwithstanding the above-noted, tc~e Owner acknowledges that it must provide to the Town, the executed Release and Acknowledgement from the owners of Part Lot 24, Plan 329, Picketing, (municipally known as 1897 Woodview Avenue) as set out in clause 6(b) herein, prior to the Town granting its authorization to commence any works on the project. SCHEDULE E S!~I~.CIAL PROVISIONS RF. QUIRED BY THE REGIONAl 4UNICIPALITY OF DURHAM The sections set out in this Schedule represent provisions not affecting the Town but required to be inser~l in this Agrecmem by the conditions of Dral~ Approval dated September 13, 1994 of Draft Plan l ST-gT043 by the Commissioner of Planning of the Regional Municipality of Durham (the "Approval"). 1.MINISTRY OF NATURAL RESOURCES ("M.N.R.") M.N.R. requires that the Owner, (a) carD, out tile works referred to in Conditions 14 and 15 of the Approval to the satisfaction of M.N.R.; (b) maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period in a manner satisfactory to M.N.R.; and (c) advise M.N.R. 48 hours prior to commencement of grading or the initiation of any on-site works. 2. METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY ("MT.R.C.A.") M.T.R.C.A. requires that the Owner carry out the works referred to in Conditions 16 and 17 of the Approval to the satisfaction of M.T.R.C.A. 18T-8'/O43Imi~c~la I dm: 4aw Prc:N3~ty I~entffior$ See Schedule [] Executlom See (Il) Thl~ (a) Re(~$cription i (b) Schedule tot Do~ntent New Easement ; Addit;onal I Fee Simple Contlins Ple~$ketch [] i Description ~-~ Paniee [] Other [] (e) Transferor[s) The transferor hereby transfers the land to the transferee and cerhhse that the transferor ~s at least mghteln years old and that Date o, Signature Name(s) S*gnature(s) Spouse(e) of Transferor(a) I hereOy consent to tb,s transact,on Date of Name(s) S~gna!ure(s) Y M D (10) Tllm$lM'O~l) Addre~l fM Service Transferee(s) Date of Birth Y M Bruce 'l'aylor 112) Transferee(s) &ddm~a to, sm-k:. P'icke~/.,,'~ Civ'lc Ce.~t.cer O~ '1'be ~.spla~ac~r 113) Tilnaferor(a) The transferor venhes that to the best o! the transteror's k~owledge and bec_her, *,~li,s transfer does not contravene sect,on 50 of the Planning Date of Signature Date of Signature Y M D Y M D s~.at.,e I t j i Signat.,e ............ determine that this transler does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and belief, th~s transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature Name and ' ¥ i M i O Addre~ of Signature .......................... (14) Solicitor for Transferee(,,) I have investigated the title to this land and to abufling land where relevant and I m'n satisfied that the bile records reveal no contravention as set out in subclnuse 50 (22} lc) {ii) of the Planning Act and that to the be~.: of my knowledge and belief this transfer does no~ contravene sact~on 50 al the Pianning Act. I act inoependently of the sohcitor for the transfero*'(s) and I am an OntadO so~_4tor in good star~ Name and Date cf Signature Acldres~ of Y M O Signature ........................... ; ........ .L , (la) WI Roll Number Sub. ~ Par. Fefl and Ta~ M Pr~rly I t I Registratto~ Fee 11~) Oocumeof Prep.~d ~ [:)(~'t]~ T.. ~ Land Transfe~ Tax Tc~m SolJ. cib~ To~m o~