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HomeMy WebLinkAboutBy-law 4049/92 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4049/92 Being a by-law to authorize the execution of a Development Agreement between Bramalea Limited and the Town respecting the deveh~pment of a townhouse condominium development on part of Lot 29, Concession 1, Pickering (Part 1, Plan 40R-9979; A5/89; LD234/89) WHEREAS as a condition of the approval of Zoning By-law Amendment Application A5/89, the Council of The Corporation of the Town of Picketing requires that Bramalea Limited enter into a Site/Development Agreement pursuant to section 34 of the Planning Act, R.S.O. 1990, chapter P.13, respecting the development of a townhouse condominium development on that pan of Lot 29, Concession 1, Pickering, designated as Part 1, Plan 40R-9979; and WHEREAS, as a condition of the withdrawal of an objection by The Corporation of the Town of Picketing to the granting of Durham Land Division Cormnittee Application LD 234/89, the Council of The Corporation of the Town of Picketing requires that Bramalea Limited enter into a Site/Development Agreement pursuant to section 51 of the Act respecting the development of that townhouse condominium development; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Development Agreement, in the form attached hereto as Schedule A, between Bramalea Limited and The Corporation of the Town of Picketing respecting the development of a townhouse condominium development on that part of Lot 29, Concession 1, Pickering, designated as Part 1, Plan 40R-9979. (A5/89; LD234/89). BY-LAW read a first, second and third time and finally passed this 29th day of June, 1992. iOlau~i~ l~renne~, ~'cting May~'* TOWN OF PICKERING APPROVED LEGAL DEPT. THIS DEVELOPMENT AGREEMENT made June 29, 1992. BETWEEN: BRAMALEA LIMITED herein called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to develop part of that pact of L~t. 29, Conc~ssion 1, Picketing, designated as Part 1, Plan 40R-9979, as a 135 unit townhonse condominium project, in accordance with the terms and conditions imposed by the Council of the Town in its approval in principle of the Owner's application for rezoning designated as Application A5/89; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the Owner's Application A5/$9, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: The land affected by this Agreemem (the "Lands") is that part of Lot 29, Concession 1, Picketing, designated as Part 1, Plan 40R-9979. 2. CANCELLATION OF AGREEMENT In the event that a zoning by-law permitting this developmem to proceed has not come into force on or before Sun~ 30, 1993, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no fu~her effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. 3. 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 The President Bramalea Limited 1867 Yonge Street Toronto, Ontario M4S IY5 and (b) in the case of the Town, to The Town Clerk The Corporation of the Town of Pickering Picketing Civic Complex One The Esplanade Pickering, Ontario L1V 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. Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. Whenever in this Agreement the word "Owner", "Encumbrancer", "it" or "its" is used, it shall be read and construed as "Owner or Owners", "Encumbrancer or Encumbrancers", "he", "she", "they", "hhn", "her" or "them", or "his", "hers", "their" or "theirs", as the case may be, and the number of the verb agreeing therewith shall be construed accordingly. 5. TIME Time shall be of the essence of this Agreement. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their heirs, executors, administrators, successors and assigns. The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike manner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. 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 generally the work required to be done for the development of the project. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. (3) This provision shall not be construed so as to prevent the Owner from changing 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. (1) The Owner shall construct a complete storm water drainage and management system, including storm connections and catch basin leads to service the Lands and to provide capacity for lands upstream thereof according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of sufficient size and depth and at locations either within or outside the Lands to service the Lands and the lands outside the Lands, which in the opinion of the Director of Public Works will requLre its use as a trunk outlet. 2 (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the Lands, the Owner may be required to carry o~t such works as are necessary to provide an adequate outlet. (1) The Owner shall reconstruct curbs and gutters on the south side of Highview Road and on the east side of Amberlea Road adjacent to the Lands where they are damaged after the commencement of construction, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a driveway, the Owner shall construct a curb depression in the correct location and fELl in the original curb depression according to the specifications. 12. ROAD RECONSTRUCTION AND REPAIR (1) The Owner shall maintain and repair Highview Road and Amberlea Road where construction has taken place and where they are used by construction traffic entering the Lands and keep them clear of mud, dust, refuse, rubbish and other litter of all types. (2) The Owner shall erect and maintain adequate signs to warn all persons using Highview Road and Amberlea Road that construction is occurring; such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. BOULEVARD RECONSTRUCTION (1) The Owner shall reconstruct and sod the boulevards, as necessary, adjacent to the Lands according to the specifications of the Town in effect at the date hereof and shall maintain them until they are accepted by the Town. (2) The Owner shall keep the boulevards adjacent to the Lands clear and free of materials. and obstructions which might interfere with the installation of electric, telephone, gas or other utilities or the safe movement of vehicles and pedestrians. 14. $/D_E_W_fiI,~ The Owner shall construct a sidewalk on the east side of Amberlea Road adjacem to the Lands, and reconstruct any damaged sidewalk on Highview Road and Whites Road adjacent to the Lands, all according to the specifications of the Town in effect at the date hereof and shall maintain such sidewalks until they are accepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to the Lands, it shall be provided underground and in accordance with the standards and specifications of Picketing Hydro-Electric Commission, Trillium Cable Communications Limited or Bell Canada, as the case may be. 16. DRAINAGE - SODDING (1) Th~ Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the Lands, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the Lands. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement, and shall not provide for the drainage of surface run-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 Community Services and Facilities, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Directors of Public Works and Community Services and Facilities. (4) The grading of all lands shall be carried out by the Owner in accordance with the approved (3fading Control Plan, under the supervision of the Owner's Consulting Engineer. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. (6) Despite the time limit otherwise applicable pursuant to section 32(1), the Owner shall sod that part of the Lands that are not built upon, except for paved, planted or treed areas, prior to the occupancy of the first dwelling unit erected thereon. (I) Prior to the registration of this Agreement, the Owner shall pay to the Town the sum of $4,725 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those referred to in section 15 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. 18. LIABILITY INSURANCE POLICY / PROVISION FOR DEDUC'rIBLE (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 of the 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 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 of the expiry date. (3) The policy premium must be paid initially for a period of one year and the policy shall be renewed for further one year periods until the 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 file 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 anthorizing 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. 4 19. pERFORMANCE & MALNTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with an irrevocable letter of credit issued by a chartered bank in Canada in the amount of $100,000 (the "original value") and in a form satisfactory to the Town as a performance and maintenance security for the purpose of, (a) guaranteeing the satisfactory construction, 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 provisions of the Construction Lien Act, R.S.O. 1990, chapter C.30; and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (2) The Owner may, at any time after the satisfactory construction, installation or performance of the works, the payment of all amounts payable to the Town under this Agreemem, and the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification of the satisfactory construction, installation or performance of the works, the payment of all amounts payable to the Town under this Agreement, and the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, and where, (a) a certificate of final completion has been made by the Owner's Consulting Engineer; (b) 45 days following the making of such certificate have expired; and (c) 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; the Town Manager may reduce the amount of the security to $10,000, which an amount shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. (4) Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 20. 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 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. 5 (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 19. 21. TRANSFERS OF LANDS OR INTERESTS 12q LANDS (1) 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. (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 w~ks 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 description of the land according to the plan which is to be registered pursuant to this Agreement. 22. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) . Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk. (b) Continuation of Existing Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to .permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of subclause (i). (iii) That there shall be no burning of refuse or debris upon its Lands or any public lands. (d) Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. (e) Relocation of Services (i) To pay the cost of relocating any existing services and utilities caused by the work within 30 days of the account for same being rendered by the Town. (ii) Similarly to pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. 6 (f) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (g) T~ To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designated by the Director of Public Works. (h) ~ To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designated by the Director of Public Works. (i) ~ ' Prior to f'mal acceptance of the works, to supply the Town with the original drawings of the engineering works with amendments, if any, noted thereon, (j) Survey Monuments & Markers Prior to final acceptance of the works, to supply a statement by an Ontario Land Surveyor that, after the completion of the works, he has found or re-established all standard iron bars as shown on Plan 40R-9979. 23. CONSTRUCTION & OCCUPANCY OF BLIILDINGS (1) No building permit shall be issued for any building or part of a building on the Lands until, (a) sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service; (b) base course asphalt has been laid on all roadways on the Lands; ' (c) all development charges payable pursuant to section 25 hereof for all dwellings to be erected on the Lands have been paid; and (e) pursuant to the provisions of section 41(7) of the Planning Act, R.S.O. 1990, chapter P. 13, the Owner and the Town have entered into a site plan agreement respecting the development of the Lands and that agreement has been registered on title to the Lands. (2) No building or part of a building on the Lands shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building on the Lands shall be made except upon the following conditions: (a) storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; and (b) electric service is completed and in operation. 24. ~ In the event that more or less than 135 dwelling units are to be constructed on the Lands, an amendment to this Agreement shall be required. 25. DEVELOPMENT CHARGES PAYABLE (1) Until and including October 7, 1992, the development charge payable under the Town's Development Charges By-law 3854/91 for each single dwelling within this project is $3,902. (2) From and after October 8, 1992, the development charges payable for dwelling units within this project will be as set out in subsection (l) as adjusted on October 8, 1992, and annually on every October 8 thereafter until they are paid, in accordance with the Engineering News Record Cost Index (Toronto). (3) The development charges set out in subsection (1) have been derived as follows: administrative services - town offices $317 administrative services - capital growth studies 72 protection - fire facilities 78 protection - fire vehicles and equipment 130 storm drainage, roads, sidewalks, storm sewers, lighting and other services 810 transportation - works yards, vehicles and equipment 173 transportation - transit 43 parks - parkland development 692 major recreatinnal facilities - major indoor recreational facilities 726 library - library facilities 192 library - library materials 119 electrical distribution services and facilities 550 total $3,902 25. PARKLAND DEDICATION (1) As of the date of this Agreement, the Owner has provided to the Town parkland in excess of that required for its existing projects and has therefore a parkland credit. (2) Upon the registration of this Agreement, the Town shall accept 0.669 hectares of the Owner's parkland credit in full satisfaction of the Owner's obligation to provide parkland for this project, and shall reduce the Owner's parkland credit by 0.669 hectares. 26. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the Lands as required by law from time to time. (b) ~ To pay interest at the rate of eighteen per cent (18%) p~r annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (c) ~ To pay all registration costs incurred by the Town relating in any way to the registration of this Agreement or any other related documentation, including transfers, in the Land Titles Office. (d) Lien or Other C!ahns Upon applying for final acceptance of the works, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the works, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 27. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agreement exph'e during the currency of the Agreement, 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. 8 (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash-in-lieu of and for the same purposes as any further security. 30. DEVELOPMENT CONTROL ELEVATIONS No development shall be undertaken on the Lands except in conformity with this Agreement and with the following elevation drawings which reflect the "carriage walk" design details required by the Town: Plan Last lq9. Plan Title Plan Date Revision (a) 3 Streetscape ~ Whites Road Nov. 1991 unrevised (b) 4 Streetscape - Highview Road Nov. 1991 May 27/92 (c) 5 Slxeetscape - Highview Road Entry Detail Nov. 1991 May 27/92 (d) 6 Streetscape - Highview Road Nov. 1991 May 27/92 (e) 7 Streetscape - A~nberlea Road Nov. 1991 May 27/92 (f) 8 Streetscape - South Elevation May 1992 May 27/92 (g) 9 Typical Building Elevations May 1992 May 27/92 prepared by Viljoen Architect Inc.. 31. CONDOMINIUM DEVELOPMFNT (1) Development of the Lands shall be effected only by plan of condominium. (2) Upon the registration of this Agreement, or so soon thereafter as practicable, the Owner shall proceed with the division of the Lands by way of application for plan of condominium approval. 32. TIME LIMITED FOR WORK AND GUARANTEE OF WORKMANSHIP AND btATERIALS (1) The Owner shall complete all works, services and requirements under this Agreement on or before July 31, 1994. (2) The Owner shall guarantee all works, workmanship and materials employed or used in the constracHon, installation or completion of all works, services and requirements under this Agreement for a period of two years from the date that the works, services and requirements are approved in writing by the Town. IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED BRAMALEA LIMITED THE CORPORATION OF THE TOWN OF PICKERING Wayne Axthurs, Mayor Bruce Taylor, Clerk 9 ENCUMBRANCER - HONG KONG BANK OF CANADA The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this Agreement shall take effect as though executed and registered prior to the creation of 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 Encumbrancer in the Lands with the intent that 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 , this day of ,1992. SIGNED, SEALED AND DELIVERED HONG KONG BANK OF CANADA 10 SCHEDULE A TRAblSFF_~ OF LANDS OR INi~-i~ lbl I.41gDS (Section 21) 1. CONVEYANCES REOUIRED TO BE MADE TO THE TOWN ~ Purpose Interest to be Conveyed Any portion of the Lands Storm drainage works Easement determined by the Town's Director of Public Works Any lands outside the Lands Storm drainage works Easement deten'nined by the Town's Director of Public Works 2. STORM DRARqAGE WORKS EASEMENT REFERENCE PLA_NS (1) The Owner shall obtain and deliver to the Town one draft copy of each proposed reference plan required to effect the conveyance of any easements. (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 Dhector 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. 3. STORM DRAINAGE WORKS EASEMENT SCHEDULE Where a conveyance of an easement is for storm drainage works purposes, the following Schedule shall he attached to the Transfer/Deed of Easement: (7) /NTEREST/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"), together with the right to the Transferee, its servants, agents and contractors with all necessary vehicles, supplies and equipment to enter onto the lands and pass and repass over 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, except in case of emergency, before commencing any work authorized hereby, give to the Transferor forty-eight hours previous written notice thereof, and in cases of emergency such previous notice thereof as is reasonably possible. 2. Upon completion of any work, the Transferee shall 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. 11 3. The Transferor shall not erect any building or structure (except a fence) on the lands, and shall not place or remove any f'fll on or from any part of the 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, 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 mn 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 BENEI~ITI't~D (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. 12