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HomeMy WebLinkAboutBy-law 4069-92 THE CORPORATION OF THE TOWN OF PICKERI]'qG 4069/92 BY-LAW NO. Being a by-law to authorize the execution of a Development Agreement between RJD Consulting Services Limited and the Town respecting the development ora six unit residential development on part of Lot 22, Concession 1, and all of Block P, Plan M-997, Pickering (Parts 1 to 12, Plan 40R-14299; A13/91; LDl12-116/92) WHEREAS RJD Consulting Services Limited is required to enter into a Development Agreement with The Corporation of the Town of Picketing pursuant to section 51 of the Planning Act, R.S.O. 1990, chapterP. 13, as a condition of the acquiescence of the Council of The Corporation of the Town of Picketing in the creation of six residemial lots by severance rather than by plan of subdivision on that part of Lot 22, Concession I, and Block P, Plan M-997, Pickering, designated as Parts 1 to 12, Plan 40R-14299; 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 RJD Consulting Services Limited and The Corporation of the Town of Picketing respecting the development of a six unit residential development on that part of Lot 22, Concession 1, and Block P, Plan M-997, Picketing, designated as Parts 1 to 12, Plan40R-14299. (A13/91; LD112-116/92). BY-LAW read a first, second and third time and finally passed this 4th day of August, 1992. nmce laymr, Clerk pTOWN OF ; APPROVED iA$ TO FORM THIS DEVELOPMENT AGREEMENT made August 4, 1992, pursuant to the provisions of section 51 of the Planning Act, R.S.O. 1990, chapter P. 13, BETWEEN: RJD CONSULTING SERVICES LIMITED. herein called the "Owner", OF THE FIRST PART, TitE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to subdivide part of Lot 22, Concession I, and all of Block P, Plan M-997, in the Town of Picketing, in the Regional Municipality of Durham, to create six residential building lots in accordance with, (a) the terms and conditions imposed by the Council of the Town in its acquiescence in the creation of the lots by severance rather than by plan of subdivision, and (b) the terms and conditions imposed by the Durham Land Division Committee in its approval of Applications LD112/92 to LD116/92, and is therefore required to enter into an agreement with the Town pursuant to section $1 of the Planning Act, R.S.O. 1990, chapter P.13; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the Town consenting to the re-zoning and creation of the proposed lots, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: The lands affected by this Agreement (the "Lands") are, (a) those parts of Lot 22, Concession 1, Picketing, designated as Parts 7 to 13, both inclusive, Plan ,~0R- 14299. and (b) all of Block P, Plan M-997, Pickering, now designated as Parts 1 to 6, both inclusive, Plan 40R- 14299. 2. STATUS OF THIS AGREEMENT (1) In the event that this Agreement is not registered on title to the Lands on or before April 3, 1993, this Agreement shall be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. (2) This Agreement is entered into and executed by the Owner for the purpose of having the Town act in reliance on the covenants by the Owner contained herein and th~ Owner hereby waives any right or claim which it now has or may hereinafter acqutre which is inconsistent with the terms of this Agreement. (1) Whenever in this Agreement the word "Owner" or the pronoun "it" is used, it shall be read and construed as "Owner or Owners" or "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedule A attached hereto shall form pa~t of this Agreement. (3) Time shall be of the essence of this Agreement. This Agreement shall be enforceable by and against the Pm'ties hereto, their heirs, executors, administrators, successors and assigns, and the Agreement and all the covenants by the Owner contained herein shall nm 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 Agreement. (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 John E. Anderson, President RJD Consulting Services Limited 3535 Westney Road Greenwood, Ontario L0H IH0 and (b) in the case of the Town, to The Town Clerk The Corporation of the Town of Picketing Picketing Civic Complex One The Esplanade Picketing, 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. TIME Time shall be of the essence of this Agreement. 7. L E T ER 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, 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- (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 shah not be construed so as to prevent the Owner from changing from one Consulting Engineer to another at any time or times during the develolm~nt and construction of the project, so long as the Owner has a Consulting Engineer retained at ah times. (1) The Owner shall constn~ct a complete storm water dr~tnage and m~ge~ sys~m, ~clu~g sto~ co~om ~ catch b~ I~ to ~ice ~ ~s ~ to pmvi~ capaciu for lmds ups~ ~mof a~r~ to ~ ~v~ ~ ~ ~or of ~blic Wo~ md ~cor~g to ~ s~c~ca6om of ~ To~ m effe~ ~ ~ ~e hereof ~ sh~ m~t~ it, ~clu~g cle~g my ~kM~ or de~ ~ wh~ver cause, ~ it is fo~y ac~ed by ~ To~. (2) Such system sh~ ~ cons~ed ~o ~ onflet ~ oufle~ a~o~g to d~ ~v~ by ~ D~or of ~blic Wo~s ~d sh~ ~ of s~ci~ s~ ~ ~ ~ ~ l~io~ eit~r wi~ or ou~i~ ~ ~ to ~ ~ ~ ~ ~ 1~ ~i~ ~ ~, w~ch ~ ~ ~on of ~ D~ior of hblic Wo~ w~ ~ i~ m ~ s ~ outlet. (3) Shoed, ~ ~e ~on of &e ~eaor of ~blic Wo~, ~ ~e s~ or s~c~ e~t ~ ~ outlet system ou~i~ ~ ~, ~ O~ ~y ~ ~ to c~ out such wo~s ~ ~ ne~ss~ to pwvi~ ~ ~u~e outlet. (1) The Owner shah reconstruct curbs and gutters on Faylee Crescent 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 am accepted by the Town. (2) If any curb depressions am not located correctly with respect to a driveway, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 12. ROAD RECONSTRUCTION AND REPAIR (1) The Owner shah maintain /md repair Faylee Crescent where construction has taken place and where it is used by construction traffic entering the Lands and keep it clear of mud, dust, refuse, rubbish and other liller of all types. (2) The Owner shall erect and maintain adequate signs to warn aH persons using Faylee Crescent 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. STREET TREE PLANTING AND FENCING (1) The Owner shah reconstruct and sod the boulevard, as necessary, adjacent to the Lands according to the specifications of the Town in effect at the date hereof and shall maintain it until it is accepted by the Town. (2) The reconstruction referred to in subsection (1) shah include the planting in the boulevard of six trees of a size and species satisfactory to the Town's Director of Community Services and Facilities. (3) The Owner shall keep the boulevard 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. (4) The Owner shall erect a 1.8 metre high privacy wood fence along the west boundary of the Lands according to the specifications of the Town. ~ -3- 14. ~ The Owner shall reconstruct the sidewalk on the west side of Faylee Crescent adjacent to the Lands where it is damaged after the commencement of construction, according to the specifications of the Town .in effect at the date hereof and shall maintain it until it is accepted by the Town. 15. ELECTI~CAL 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 Pickering Hydro-Electric Commission, Trillium Cable Communications Limited or Bell Canada, as the case may be. 16. D - (1) The 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 Orading 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 mn-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 mn-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 Grading 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 shalI 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 30(1), the Owner shall sod that part of the Lands that are not built upon, except for paved, planted or t~ed areas, prior to the occupancy of the first dwelling unit erected thereon. 17. ]INSPECTIONS (1) Prior to the registration of this Agreement, the Owner shall pay to the Town the sum of $210 as an engineering drawing inspection fee. (2) Ail 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 necess~ily be limited to, sa/aries and wages of Inspectors, testing fees and administration fees. 18. LIABILrrY INSURANCE POLICY / PROVISION FOR DEDUCT!B_ LE (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 he subject to the approval of the Town Solicitor. -4- (2) The policy shall comply with the following provisions: (a) the minimum limit per occurrence shall be $$,000,000 ali 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 certif~d c ..l~lu. e or letter of credit with the Town in the deductible amount, as a deposit, together with a letter from the Owner autho .ing the ..T.own.to appoint au in . .n nt. adjuster and to investigate claims leaa than the deductible amount and authorizing the Town to pay such claln~ deemed v~lid by the adjuster out of the deposit; the Owner shall be responsible .for aH 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 relier? ~ Owner from liability for claims not covered by the policy or which exceed its linfits, if any, for which the Owner may be held responsible. 19. PERFORMANCE & MAINTENANCE 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 I.e,.er of credit issued by a chartered bank in Canada in the amount of $35,000 (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 Agreement, 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) aH liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provide/i for by payment into court; ~ -5- 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 he returned to the Owner subject to any deductions for rectification of deficiencies. (4) Upon the approval, ff any, of a reduction in the amount of the security required to he 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 (I) If, in the opinion of the Town's Director of Public Works, the Owner is not constr~cting or installing the Works, or causing them to he 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 carelesaly 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 he 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) 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 Owne~, 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 IN 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 he 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. 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 Plan 40R-14299 or any plan which is to be registered pursuant to this Agreement. 22. QENERAL 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 Service~ 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 c(?nsent 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. (t) 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) 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) ~ Prior to f'mal acceptance of the works, to supply the Town with the original drawhags of the engineering works with amendments, if any, noted thereon. (i) 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 along the boundary of Faylee Crescent and Parts I to 6, Plan 40R-14299. 23. CONSTRUCTION & OCCL[PANCY OF B~[ILDI~ (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; and (b) all development charges payable pursuant to section 25 hereof for all dwellings to be erected on the Lands have been paid. (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 buiJding 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. 47- In the event that more or less than six dwellin$ units (one on each of Pans I and 12, Pa~s 2 and 11, Psis 3 and I0, Parts 4 and 9, Parts $ and 8, and P~s 6 and 7, all in Plan 40R-14299) are m be co~tructed 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 (except the dwelling to be erected on Parts I and 12, Plan 40R-14299) is $4,582. (2) No development charge shall be payable under the Town's Development Charges By-law 3854/91 for the dwelling to be erected on Pans I and 12, Plar 40R-14299 as a dwelling has been demolished on the Lands within twenty-four months pr/or to the date of this Agreement. (3) Fro.n? and. after October 8, 1992, the developme, nt charges ~.ayable for dwelling units with/n tiffs project will be as set out in subsection (1) as adj/~sted 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). (4) The development charges set out in subsection (l) have been derived as follows: administrative services - town offices $346 administrative services - capital growth studies 78 protection - fire facilities 85 protection - fire vehicles and equipment 142 storm drainage, roads, sidewalks, storm sewers, lighting and other services 886 transponarion - works yards, vehicles and equipment 189 transportation - transit 48 parks - pafldand acquisition 365 parks - parkland develo~c~n, ent 757 major recreational facilities - major indoor recreational facilities 795 library - library facilities 211 library - library materials 130 electrical distribution services and facilities 550 total $4,582 26. PARKLAND DEDICATION The Owner shall pay to the Town, prior to the registration of this Agreement, the sum of $7,363 in lieu of the provision of parkland for this project, which sum the Town shall accept in full satisfaction of the Owner's obligation to provide paltdand for this project. 27. GENERAL PROVISIONS - FINANCIAL MATI'ERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on ail the Lands as required by law from time to time. (b) ~ To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (c) To pay all registration costs incurred by the Town relating in any way to the registration of this Agreement or any other related documentation, including transfers, in the Land Titles Office. -8- t a' Upon applying for Final acceptance of the works, to supply the Town whh a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done o? material supplied for or on behalf of the Owner in connection with the works, or if such claims do exist, the Owner shall indemnify the Town against all claLtns, actions or demands for liens or otherwise and all costs in connection therewith. 28. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agreement expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash-in-lieu of and for the same purposes as any further security. 29. DESIGN PLANNING - RESIDENTIAL UNITS AND NOISE ATFENUATION STRUCFURE$ (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 any building permit for the construction of a residential unit to be erected on the Lands, the Owner shall submit to the Town's Director of Planning, for approval, site plans and architectural drawings for that unit. (4) Those plans and drawings may be required, at 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 from and rear elevation at a scale acceptable to the Director: (d) streetscape to show all street furniture and vegetation; (e) the relationship of buildings by blocks; and (O any other data or information reasonably required. 30. TIME LIM/TED FOR WORK AND GUARANTEE OF WORKMANSHIP AND M2k_ TERIAL$ (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 construction, 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. -9- 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 RID CONSULTING SERVICES LIMITED John E. Anderson, President I have the authority to bind the corporation. THE CORPORATION OF THE TOWN OF PICKERING Wayne Atthurs, Mayor Brace Taylor, Clerk ENCUMBRANCER - NADEEM ABOU-GEORGI 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 defming 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 itt the presence of Nadeem Abou-Georgi TRANSFERS OF LANDS OR INTERESTS IN LANDS (Section 21 ) I. CONVEYANCES REQUIRED TO BE MADE TO THE TOWN Land to be Conveyed 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 detemalned by the Town's Director of Public Works 2. STORM DRAINAGE WORKS EASEMENT REFERENCE PLANS (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 Director of Public Works of the actual location of the works in relation to the proposed easement or easements, and ff 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. STOPM 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: (7) 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 ch'ainage 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: 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. 3. The Transferor shall not erect any building or structure (except a fence) on the lands, and shall not place or remove any fill on or from any part of the lands without the previous written consent of the Transferee. 4. The right and easement granted 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 fresher 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 BENEF1TFED (DOMINANT TENEMENT) 9. The benefit of this Transfer and all of the terms and conditions contained herein shall mn with all other lands and interests in lands owned, occupied or used by the Transferee for the purpose of operating and maintaining storm drainage works. rl2~