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HomeMy WebLinkAboutBy-law 5052/97REPEALED BY . REPEALS . AMENDED BY , AMENDS DISPOSITION THE CO~0R~T!ON OF THETO~ OF PICKE~N~ BY-LAW NO. S052797 Being a by-law to authorize the execution ora Development Agreement and related documentation reapecting the development of Blocks $7 and 39, Plan ,IOM-1341 and those parts of Lot 20. Concession 8, Pickering, designated as Parts' XX and X~, Plan 40R- .¥XXX, [I 198333 Ontario Inc./2895501 Canada Inc.]. WHEREAS the Durham Land Division Committee made Decisions LD 143/97 to LD145/97, approving the severance of Blocks 37 and 39, Plan 40M-1341 and parts of Lot 20, Concession 8, Picketing, subject to conditions, one of those conditions being that the owner enter into a satisfactory Development Agreement with the Corporation, pursuant to the provisions of the Planning ~4ct, R.S.O. 1990, chapter P.13 section 51(6); NOW THEREFORE, the Council of The Corporation of the Town of Pickering H EREB Y ENACTS AS FOLLOWS: l. (a) The Mayor and Clerk are hereby authorized to execute a Development Agreement, substantially in accordance with the form attached hereto as Schedule A, between 1198333 Ontario Inc./2895501 Canada Inc. and The Corporation of the Town of Pickering, respecting the development of Blocks 37 and 39, Plan 40M-1341 and those parts of Lot 20, Concession 8, Pickering, designated as Parts XX and XX, Plan 40R- XXXXX, [1198333 Ontario Inc/2895501 Canada lnc]. (b) The Corporation of the Town of Pickering shall acquire those lands or interests in the lands identified in Schedule A of that Development Agreement subject to the terms and conditions and for the purposes set out therein. 2. The Mayor and Clerk are hereby authorized to execute Transl,:rs/Deeds of Easement in the form attached hereto as Schedule B, effecting the acquisition by The Corporation of the Town of ?ickering of any interests in the nature of storm drainage works easements pursuant to the provisions of the Development Agreement referred to in section I, above. BY-LAW read a first, second and third time and finally passed this 23rd day of June, 1907. PIGKERtNG ~~~~ Wayne Arthurs, Mayo~~ ' L"~G~L DEPT. Bru~e Taylor--, Clerk THIS DEVELOPMENT AGREEMENT made June 23, 1997, pursuant to the provisions of s~ction 51 of the Planning,tct, R,S,O, 1990, chapter P. 13, BETWEEN: 1198333 ONTARIO [NC. - and - :~89~Ol C^NAD^ INC. 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. WHEREAS the Owner proposes to sever certain lands within Picketing to provide for the development of two dwellings and is required as a condition of the approval thereof by the Council of' the Town to enter into an agreement with the Town pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P.I 3; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the Council of' the Town issuing its clearance of the conditions imposed by the Durham Land Division Committee in its decisions LD 143/97, :LD 144/97 and LD 145/97, covenants hereinafter expressed, the Panics hereto covenant and agree one with the other as follows: 1. L. AND AFFECTED The land affected by this Agreement (the "Lands") are Blocks 37 and 3~, Plan 40M-1341, Pickering, and those parts of Lot 16, Plan 221, Picketing, designated as Parts XX and XX, Plan 40R-XXXXX. 2. STATUS OF THiS AGREEMENT 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 Owner hereby waives any right or claim which it now has or may hereinafter acquire which is inconsistent with the terms of this Agreement. 3. INTERPRETATION (!) 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 and C 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 jointly and severally 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 thc benefit of the Town and the land or interest~ in land owned by the Town upon thc registration of this Agreement. NOTICE (!) Any notice required to be given hereunder may be given by personal delivery or registered mail, (a) in the case of the Owner, to either Edward Hachey 1198333 Ontario Inc. 199 Conlins Road Scarborough, Ontario MIC IC3 and Robert Deutchmann 2895501 Canada Inc. 559 Milverton Blvd. Toronto, Ontario M4C 1 X6 (b) in the case of the Town. to The Town Clerk The Corporation of the Town of Picketing Picketing Civic Complex One The Esplanade Pickering, Ontario LIV 6K7 (2) Each Party may redesignate the person(s) 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 [.ands, 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. 8. 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. 9. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise the work required to be done for the development and construction of the project. 2 (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 tim= or times during the deve!opm=nt and construction of the project, so long as the Owner has a Consulting Engineer retained at ail times. I 0. CONSTRUCTION / INSTALLATION OF TOWN WORKS AND SERVICES (!) 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) 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; (b) street tree planting on Town roads within the plan, on 'Fown roads adjacent to the plan 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; (c) connections to street storm sewers on the roads adjacent to the Lands complete with all appurtenances. (2) if at any time prior to the acceptance of the 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 thc 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. (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. (6) The Owner herein agrees to that special emphasis should be given respecting the coordination of the development of the severed parcels with the development of the adjacent blocks to which they are being conveyed. 1 !. GENERAL REGULATIONS RESPECTING SERVICING (l) The construction of Town boulevards 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 be removed an}' fill from, any public lands, other than in the actual construction of works in the project :: without the written consent of the authority responsible for such lands. (4) The Owner shall not bum nor permit to be burned any refuse or debris within thc project or adjacent to it. (5) Thc 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 thc 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 ot; (a) relocating any existing services or utilities required to be relocated by the 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 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, the Owner shall perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (8) The Owner shall provide and erect temporary signs of such nature and at such locations as designated by the Town's Director of Public Works. 12. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the project, it shall be provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Commission, Trillium Cable T.V. Limited or Bell Canada. as the case may be. 13. 'fREE INVENTORY / TREE PRESERVATION PROGRAM (I) The Owner shall submit a Tree InventoD' 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 implement the Program as approved only. (2) Until the Tree Preservation Program is approved the Owner shall not commence, nor allow to be commenced, 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 tree 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, twelve months after the completion of the sodding on the lot, or (b) where the lands upon which Se tree is located comprise lands other than a residential building lot, the issuance by th~ Town of the Final Acceptance Certificate. 14. GRADING CONTROL PLAN l LOT DRAINAGE AND SODD!.NG (1) The: Owner shall submit to the Town, for the approval of the Town's Director of Public Works. a Grading Control Plan and geotechnieal soils analysis prepared by the Owner's Consulting Engineer, : establishing the proposed grading of ~ lands in the project to provide for the proper drainage - thereof and file drainage oral! adjacent lands which drain through ~he lands in tahe project. (2) The 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 land 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-off water. (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, (b) grading has been done in accordance with the Grading Control Plan but drainage problems remain, or (c) sufficient topsoil has not been left in the appropriate ? :as, the Owner shall re-grade the project, or part thereof affected, adding a sufficient amount of topsoil if necessary, or construct catch basins, swales or other structures as may be necessary to correct such problems, as directed by the Town's Director of Public Works. 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 all approvals required by this Agreement have been obtained and, (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 monies, securities and insurance policies, as noted in this Agreement, have been delivered to the Town to the satisfaction of the Town Treasurer and the Town Solicitor; (c) all 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; and (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 oftbe Lands as identified in Schedule A: and (e) the Owner's Solicitor has provided, at the Owner's ex,rise, a certificate of clear title, to the satisfaction of the Town Solicitor, of all the lands and interests of lands conveyed to the Town, lying ouL~ide of the lands, as set out in Schedule A hereto. 16. USE OF WORKS PENDING COMPLETION / EMERGENCY REPAIRS (!) 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. 5 17, ROAD MAINTENANCE AND REPAIR (1) Throughout the term of this Agreement, thc Owner shall, (a) 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; and (b) repair all Town roads outside lhe 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. (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 requiring such work in the opinion of the Town's Director of Public Works or his designate. 18. COMPLETION DATES - TOWN WORKS AND SERVICES The Owner shall complete the Works in accordance with the following time limits: (a) street storm sewer connections - one year from date of Authorization to Commence Work; (b) storm water drainage end mat.agement system - one year from date of Authorization to Commence Work; (c) boulevards and sidewalks on adjacent roads - prior to the occupancy of any building on the Lands: (d) street tree planting - two years from date of Authorization to. Commence Work, 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 Acceptance Certificate. 19. FAILURE TO COMPLETE / IMPROPER PERFORMANCE {I ) 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 noti~, the Owner and his surety in writing oftbe default or neglect and if the 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 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) Thc 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 ¢onslxuetion~ installation or completion of Works, services and other requirements under this Agreement for a miniraum period of two years (the "maintenance period") following the issuance of tho Completion Acceptance Certificate by tire Town. 6 (2) Despite an), 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 an), unsatisfactorily installed Works. (3) Prior to the end of the maintenance period, the Owner's Consulting Engineer shall 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 corners, at the ends of all 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 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 the Works and the operation and maintenance thereol: and the maintenance period will then end. (5) if upon the re-inspection conducted prior Io the end of the maintenance period. (a) the Works are not acceptable, or (b) the Owner has not performed all of its obli;~,ations under the terms of this Agreement to the satisfaction of 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 wdl 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 oftbe Works and the operation and maintenance thereof, and the maintenance period will then end. (7) if upon the re-inspection conducted at the 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, the 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 the Town shall proceed under the provisions of section 19, or both. 21. PERFORMANCE AND MAINTENANCE SECURITY (1) Before this Agreement will be executed by the Town, thc Owner shall file with the Town an i~revocable letter of credit, issued by a chartered bank in Canada in the form set out in Schedule B and in an amount established by the Director of Public Work~ (the "original value"), as a performance and maintenance security for the purpose ol; (a) guaranteeing the satisfactory construction, installation or perfbrmance of the WorLs; (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 provisions of the 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 been 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 bee~ 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 ol~the security to an amount not less than, (a) 60 per cent ot' the original value where no certificate or declaration of substantial performance has been made; (b) 35 per cent of thc original value where, (i) a certificate or declaration of substantial performance 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 retain:d by the Town have expired or have been satisfied, discharged or provided for by payment into court; and (c) 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 required 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, workmanship 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 rectification of deficiencies. (4) Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection (i), the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction, 8 :22. ,OWNER'S GENERAL INDEMNITY Until the Town's Director of Public Works has issued the Final Acceptance Ceniticate for the Works. the Owner shall indemnify the Town against all actions, causes of actions, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of the Owner undertaking thc project or servicing the Lands as required under this Agreement. 23, OCCUPATIONAL ItEALTH AND SAFETY (1) The Owner certifies that it is aware of its duties and obligations under the Occupational lteahh and Safety Act, or any successor thereto, and all Regulations thereunder (herein called the "Act"), and shall ensure that its employees, contractors, subcontractors and their employees, (a) are aware of their respective duties and obligations under the Act, and (b) have sufficient knowledge and training to perform all works and services required pursuant to this Agreement safely and in compliance with the Act. (2) In the performance of all works and services required pursuant to this Agreement, the Owner shall, (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. (4) The Owner shall permit representatives of the Town on the sile where any works or services required pursuant to this Agreement are being performed at any time or times tbr the purpose of inspection to determine compliance with this section. (5) 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 under the Act. (6) In addition to lhe Owner's general indemnification of the Town pursuant to section 22. above, the Owner shall indemnify and 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, subcontractors 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 vny 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 FOR DEDUCTIBLE (1) Before 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 essential terms and conditions of the insurance, and naming the Town as additional named insured~ all of which shall be subject to the approval oftbe Town Solicitor. (2) The policy shall comply with the following provisions: (a) the minimum limit per occurrence shall be $5,000,000 all inclusive for properly damage and personal liability; 9 (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 of the expiry date. (3) The policy premium must be paid initially fbr a period o£onc year and thc policy shall be renewed for further one year periods until the Final Acceptance Certificate has been issued by thc 'l'own's Director of Public Works, (4) If the policy ,:overage is subject to a deductible amount, the Owner shall file with the Town, when filing thc Certificate of Insurance, a certified cheque or letter of credit with thc Town in thc deductible amount, as a deposit, together with a letter from thc Owner authorizing thc Town to appoint an independent adjuster and to investigate claims less than thc deductible amount and authorizing thc Town to pay such claims deemcd valid by the adjuster out of the deposit; the Owner shall bc responsible for all adjustmcnt service costs and shall maintain thc deposit throughout thc term of this agreement in the amount of thc deductible. (5) The provision of the insurancc policy required by this section shall not relieve thc Owner from liability for claims not covered by thc policy or which exceed its limits, if any, lbr which the Owner may be held responsible. 25. CONSTRUCTION AND OCCUPANCY OF BUll.DINGS (1) No building permit shall be issued for any building or part ora building on the [.ands until sewer and water facilities are available, and in the opinion of the Town's Director of Public Works, capable of providing adequate service. (2) No building or part of a building on the l.ands 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 fi.~llowing 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 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. 26. DESIGN PLANNING - BUILDINGS AND N{)tSE ATTENUATION STRUCTURES (I) Prior to the issuance of any building permit for the construction of any building on the Lands and the co.:~struction of any noise attenuation structure in or adjacent to the project, the Owner shall submit to [he 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) building massing; (b) strcetscapc; (c) exterior materials and colours; (d) amhitectural style; (e) visual variety; (f) energy conservation measures; and (g} any other data or information reasonably required. i0 (3) Prier to the issuance of each building permit for the construction of a building on the Lands, the Owner shall submit to the Town's Director of Planning, for approval, site plans and architectural drawings for that building. (4) Those plans and drawings may be required, at the Director's option, to provide the lblluwing information: (a) the location of all buildings and structures to be erected and the location of all l~cilitics 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 R~ES?I~CTING DEVELOP~IENT The Owner shall comply with any specific provisions respecting the development of this project set out in Schedule C, 28. EXPIRY OF SBCURITIE~ (I) Should any letter of credit ~curily required to be provided hereunder expire before the Town releases the Owner from the terms and conditions hereot; the Owner shall provide to the Town at leasl 30 days in advance of the expiry date of that securily, a thrtber s~curity to take effect upon the e~piry. (2) Such further security shall be in a Ibrm and amount s~lisfaclory to the Town, (3) Should no such further security be provided as required, then the Town shall have the righl Io convert the expiring security into cash and hold the cash in lieu oFand lbr the same purposes as the e~piring security. 29. PAYMENT OF LIENS AND OTHER CLAIMS (I) 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 requested to do so by the '['own. (2) At the end of the maintenance period, as extended during any rectification period, the Owner file wi~h 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 ser.'%es in the project have been fully paid and satisfied and no person is entitled to claim a lie.. under the Cons.'uction Lien .4ct against the Town or any Town-owned land; (c) there are 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 D'orkers' Compen,vation Act; (e) the Owner has not made any assignment for the benefit of creditors, nor has any receiving order been made against it under the Bankruptcy AcL nor has any petition for such an order b~en served upon the Owner~ and 11 45 da),. have par,~d since the completion of the construction, instal',ltion, and rectification of the Works ~md 30. PA~ YMENT OF INTEREST ON OVERDU ~E AMOUNTS PAYABI~i:~ The Owner shall pay interest at the rate of 18 per cent per year to the Town on all sums of money payab!c hereunder which are not paid on the due dates calculated from such due dates. 31, PAYMENT OF REALTY AND BUSINESS TAXES t LOCAL IMPROVEMI{~N] ( 1 } The Owner shall pay in full as they come due all realty and business taxes assessed against the Lands or against 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 Regional Municipality of Durham all local improvement charges asseraed against the Lands, PAYMENT OF ENGINEERING. LEG,~L ^NP ~FGISTR,~TtON FEES (l) Before this Agreement will be executed b) the 'l'o~¥n. the Owner shall pay by certified cheque to the Town an Engineering Drawing Inspection Fee in the amount set oat in Schedule C for the examination and inspection done by the Town's Public Works Department in the processing of the engineering drawings lbr this project. (2) Before this Agreement will be executed by the 'lo~n, the Owner shall pay by certified cheque to the Town a Development Agreement Pn~cessing Fee in the amouut set out in Schedule C for the preparation and processing of this Agreement by the Town's l.egal Services Department. (3) Prior to the registration of this Agreement the Owner shall pa)' all registration costs incurred by the Town relating in any way to the registration of this Agreement, or any other documentation relating to this project, including transfers, in the Land Registry Ofl~ce. 33. PAYMF. NT OF DEVELOPMENT CHARGES (I) The Owner shall pay to the Town. in accordance with the Developmen! ('barges .,lc! and the Town's Development Charges By-Law 3854/91. development charges for each dwelling unit with the project. (2) The amoopt of the development charge lbr each dwelling to be erected 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) Where a develo, .~ment 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 o, plans within which the parcel is located. 34. TRANSFERS OF LANDS OR INTERESTS IN LANES (i) Upon executing this Agreement, the Owner shall convey or cause to be conveyed to the Town, free and clear of all encumbrances and at no cost to the Town, all of the lands or 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 Town from lawfully or physically using the lands : for the purposes for which they are being conveyed as set out in Schedule A. 12 (3) 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, (4) 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 pro~r description of the land. 35, REGISTRATION OF 6GR~MENT (I) This Agreement shall be registered by the Town in the Land Registry Office for the Land Titles Division of Durham (No. 40). (2) Prior to the registration of this Agreemem, 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 pre, vide, at the Owner's expense, a certificate of title, to the satisfaction of the Town Solicitor, of all the i~nds and interests of lands conveyed to the Town as set out in Schedule A hereto. (4) 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 Agreement and shall include an acknowledgment in any offer to purchase or other similar document dealing with the Lands, or any part of them. (5) The Owner shall indemnify and save harmless the Town t?om any 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 an)' person other than the Owner arising out of the execution by the Town of this Agreement. (6) The Owner shall execute such further assurances of thc rights hereby granted as may be deemed necessary by thc Town. IN WITNESS WHEREOF the individnals comprising Owner have hereunto affixed their hands and seal~, certifying that they are each at least eighteen years of age and, the Town has hereunto affixed its Corporate Scai attested by the hands of its at~thorized officers. SIGNED, SEALED AND DELIVERED 1198333 ONTARIO INC. 2895501 CANADA INC. THE CORPORATION OF THE TOWN OF P1CKERING Wayne Arthurs, Mayor Bruce Tayk,r, Clerk ENCUMBRANCER_~ The Encumbmncer 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 ef any 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 the Town that this Agreement and any conveyance, easement or other document given pursuant to this Agreement, shall have priority over the rights of the Eneumbrancer in the Lands with the intent ~hat the Encumbrancer or anyone claiming under it shall at no time exercise in relation to the Lands any right, title or claim which could not be exercised by the Owner by reason of the terms of'this Agreement. Dated at , Ontario, this day of ,1997. SIGNED, SEALED AND DELIVERED We have authority to bind the Corporation. 14 ,SCHEDULE TRANSFERS OF LANDS OR INTERESTS IN LANDS OR CREDITS IN LIEU THEREOF (Section 33) I. CONVEYANCES REQUIRED TO BE MADE TO THE TOWN Lal~d to be Conveyed ~urpose Interest to be Conveyed Part Lot 16, Plan 221, Pickering Road Widening Fee Simple (Part X, Plan 40R-XXXXX) Any portion of the Lands Storm drainage works Easement determined by the Town's Director of Public Works Any other lands outside the Storm drainage works Easement Lands determined by the Town's Director of Public Works 2. PROVISION OF PARKLAND The Owner shall, prior to the registration of this Agreement, pay thc sum of $2,800, by certified cheque to the Town, in lieu of a parkland contribution tbr this project. 3, STORM DRAINAGE WORKS EASEMENT REFi~RENCE P~'.ANS (I) The Owner shall obtain and deliver to the Town one draft copy of each proposed reference plan required to effect the conveyance of any easement or easements required under section I of this Schedule within 30 days of the Town's request to do so, and the provisions of subsections (2) and (3) will apply. (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. 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 Subject to the following terms and conditions, the free, uninterrupted and unobstructed right and easement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct and 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, 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 equipmont to enter onto the lands and pass and repass over the lands for the purpose of exercising or enjoying any of the rights granted herein. The fermi and eondmon, which the parties hereto covenant and agree to observe aaa m~ ~.nd by are as follows: 1. The Transferee shall, except in case of emergency, before commencing any work authorized hereby, give to the Transtbror forty-eight hours previous written notice thereof, and in cas~s of emergency such previous notice thereof as is reasonably possible. 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 part of the lands without the previous written consent et'the Transferee. 4. The right and easement granted herein shall be subject to all leases, licences, and any rights o£ 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. The Transferor shall execute such further 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 shall run with the lands. 8. This Transfer and all of the terms and condi~.ions contained herein shall enure to the benefit of and be binding upon the Transferor and the Transferee and their respective heirs, executors, administrators, successors and assigns. LAND BENEFITED (DOMINANT TENEMENT) 9. The benefit of this Transfer and all 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. $CHEDULI~ ]~ REQUIRED FORM FOR PERFORMANCE AND MAINTENANCE SECURITY LETTER OF CREDIT (Section 2 I) To: The Corporation of the Town of Picketing Picketing Civic Centre One The Esplanade Pickerins, Ontario LIV 6K7 We hereby authorize you to draw on lname of bankl, [address of bankl, for account of [name of company or companies obtaining security] up to an aggregate amount of [amount of security in figures and in fulli available by drafts at sight for !00% &demand as follows: Pursuant to thc request of our customcrsts), the said ]name of company or companies obtaining security], we ]name of bankl, [address of bankl, 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 p.~yment made upon us by you which demand we shall honour without inquiring whether you have a right as between yourself arid our said customcr(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 are to deliver to Iname 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 pny.~ble to yo, or are to be or have been c×pended pursuant to obligations incurred or to be incurred by you with reference to your file regarding a Development Agreement dated ldate of Agreement], between [name of signatories to Agreement, other than Town and Encumbrancer(s)] and The Corporation of the Town of Pickering; this Letter of Credit is given as thc Performance and Maintenance Security required by section 2 ! of that Agreement. Partial drawings are permitted. Thc amount of this Letter or'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 wili 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 exF~ration date hereof, unless thirty days prior to any such date, we shall notify you m 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 are to be endorsed hereon and shall state on their face that they are drawn under [name of bank], [address of bank]. DATED this day of ,19 Instructions for completing Letter of Credit: 1. Letter of Credit must be typed on bank letterhead. 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 customer. 4. The date in the sixth paragraph must be at least one year from the date of the Letter of Credit. 5, The date in the seventh paragraph must be the same as the date in the sixth paragraph. Bank signatories must show name, printed or typed, and title, in addition to signature. SCHEDULE C CHARGES, ENGINIEIER!NG/LEGAL FLEES, OTHER RELATED DEVELOPMENT COSTS I, DEVELOPMENT CHARGES PAYABLE (I) Until and including October 7, 1997, the development charges payable under the Town's Development Charges By-law 3854/91 for each single or semi-detached dwelling unit within this project is $5,502. (2) From and after October 8, 1997, the amount of the development charge payable for the dwelling units within this project will be as set in accordance with the Town's Development Charges By-law in existence at the date of such payment. 2. ENGINEERING DRAWING INSPECTION FEE PAYABI.E Prior to the registration of this Agreement, the Owner shall pay to the Town, the sum of $70.00, which represents the amount of the Engineering Drawing Inspection Fee payable for this project. 3. DEVELOPMENT AGREEMENT PROCESSING FEE PAYABLE The amount of the Development Agreement Processing Fee payable for this Agreement is $3,210 [$3,000 plus $210 GST]. 4. EXPECTED NUMBER OF DWELLINGS (1) This Agreement has been entered into with the expectation that two dwellings are to be constructed on the Lands, one each on Parts XX and XX, Plan 40R-XXXXX. (2) If more or less than two 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 an) development, until the new approvals and authorizations are obtained. o.,.r,o°t Transfer/Deed of LandA porto -- ~ R~gl~trltlofl R~fofm (4) (S) De~dpl~n ~is is a: Pro~y Pro~dy O~vision ~u~ Addit~l Sche~le (~) Th~ (a) R~ription ~ (b) Sch~ule for: ~nt N~ Ea~nt ~ A~di~l F~ Simp~ r(~) Tr~o~e) The transferor hereby trail.s the land to I~ transfer~ and ce~ifi~ that t~ transferor is at I~st eight~ y~m oM a~ that Date of Signature -(9) Spou~s) Of Transfero~l) I hereby consenl to th*s transacteon Date of S~gnature Name(s) S~gna~ure(sl Y M D (I0) 'l'ra~afefo~a) Address 1) Transferee{s) Date of Bir1~ Y M D T~ OF PICKERtNG : Bru~ TaTlor, Clerk (12) Transferee(a) Addml~ fmS~.~, Pickerin~ Civic Centrew One The Esplanade~ Pickering, Ontario LiV 6K7 (13) Tlmn~fer~(i) The transfero~ v~s that to the best of the translator's know~dge ar.3 b~mf. this transfer does not contravene sect,on 50 of ~he ~annmg Date o! Signature Date o! Signature Y M D~ Y M D Signature : , ~ : Signature ..... : ......:... :'~ . . ~icltor iO~' ;rl:a~l~f~r~l~(~) ~ ~a'v~ ~:~p[ai'n~l t~, ~f~c~ (~f 's~c't~ ~:~ of 't~'l~lanning Acl t~ ~h~ 'tr~sie'r~r 'a~l i ha'v~ ~n'a~ ,~luines ;::)i ~he transfei'or tO datertnine that this transfer does not contravene that section and based o~ the information supplied by the transferor, to the best of my knowt~Jge a~cl zlbelief, this transfer does not contravene that sac~ion. I am an Ontario solicitor in good s~andir, g Date of Signature O~Nameand ~ ¥ , la . D Address of . ; i ~".o. S,g.a,~te ...................................... ~... I I ~' I (14) Sotl~itor for Tran~feree(l) I hnva investigated the tRJe to this land and to abutting land where relevant and I am sabsf~ed that the t~tle racer(Is I~ ~,1 reveal no contravention as set out in subutause 50 (22) (c) (ii) of the Ptannmg Act and that to the L,~St Of my knowledge and babe! this transfer ~cli;iI~ -~ - does not contravene seclkm 50 d the Planning Act. I act independently c/the sol.tar f= the trandero~(s) and I am an Ck, ta.o sol,citer i~ g(xxJ s~ ~ I~JI Name and Date Of S~gnature I~:1 Addre~ of v M D ~ L,, ~ I ~IILIrKt Transit Tax (7) INTEREST/ESTATE TRANSFEERED Subject to the following terms and conditions, the free, uninterrupted and unobstructed right and easement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct and 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 waler in, over, 'along, across, upon and under the lands, together with the right to the Transferee, its se.wants, agents and contractors with all necessary vehicles, supplies and equipment to enter onto the lands and pass and repass over the lands for thc 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, except in case of emergency, before commencing any work authorized hereby, give to the Transferor forty-eight hours previous writlcn notice thcreof, and in cases of emergency such previous notice thereof as is reasonably possible. 2. Upon completion of any work, the Transferee shall fall in all excavations, restore fences, and restore the surface of thc 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 writlen 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 existin8 at the date hereof, and the Transferor may from thne to time renew or extend these or make new ones, so long as they do not interfere unreasonably with the right and easemen~ 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 ot,l of the existence of the storm waler or the existence, operation or non-operation of the strum drainage works provided the Transferee has complied with all of the terms and conditions herein. 6. The Transferor shall execute such further 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 lerms and condition= contained herein shall run with the lands. 8. This Transfer and all of the terms and conditions contained herein shall enure to the benefit of and be binding upon the Transferor and the Transferee and their respective heirs, executors, administrators, successors and assigns. LAND BENEFTITED (DOMINANT TENEMENT) 9. Thc 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. OTHI~