HomeMy WebLinkAboutBy-law 3019/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3019/89
Being a by-law to authorize the execution of a
Transfer of Easement over Part Lot 46, Plan 1041
(Part 2, Plan 40R-I1255); a Transfer of Easement
over Part Lot 47, Plan 1041 (Part 4, Plan
40R-11255) and Part Block M, Plan M-1057 (Part
3, Plan 40R-11255) and a Development Agreement
respecting Part Lot 47, Plan 1041 (Parts 3, 4 and
5, Plan 40R-11255) Picketing, (re Bradburn
LD 727/87; Eastbank Road).
WHEREAS, pursuant to the provisions of section 53(12) of the Regional Municipality of
Durham Act, R.S.O. 1980, chapter 434, the Town is responsible for storm drainage
within the Municipality; and
WHEREAS, pursuant to the provisions of sections 50(6) and 52(2) of the Planning
Act, 1983, S.O. 1983, chapter 1, the Town may enter into an agreement as a result
of a condition to the approval of the granting of a consent by the Durham Land
Division Committee; and
WHEREAS, pursuant to the provisions of section 193 of the Municipal Act, R.S.O.
1980, chapter 302, the Town may acquire an interest in land required for the pur-
poses of the Corporation and may dispose of same when no longer so required; and
WHEREAS, the Durham Land Division Committee granted its consent to the severance
of Part Lot 47, Registrar's Compiled Plan 1041, Picketing on April 11, 1988, subject
to certain conditions (LD 727/87);
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 the following:
(a) Transfer of Storm Sewer Easement, in the form attached hereto as Sched-
ule A, between Jean Elizabeth Pettus and The Corporation of the Town of
Picketing respecting Part Lot 46, Registrar's Compiled Plan 1041, Picker-
ing, designated as Part 2, Plan 40R-11255.
(b) Transfer of Storm Sewer Easement, in the form attached hereto as Sched-
ule B, between Morley James Bradburn and Lenore Christine Bradburn
and The Corporation of the Town of Picketing respecting Part Lot 47,
Registrar's Compiled Plan 1041, Picketing, designated as Part 4, Plan
40R-11255, and Part Block M, Plan M-1057, Picketing, designated as Part
3, Plan 40R-11255;
(c) Transfer of Land, in the form attached hereto as Schedule C, from The
Corporation of the Town of Picketing to Morley James Bradburn and
Lenore Christine B~adburn respecting Part Block M, Plan M-1057, Picker-
ing, designated as Part 3, Plan 40R-i1255; and
(d) Development Agreement, in the form attached hereto as Schedule D,
between Morley James Bradburn and Lenore Christine Bradburn and The
Corporation of the Town of Picketing respecting Part Lot 47, Registrar's
Compiled Plan 1041, Picketing, designated as Parts 3, 4 and 5, Plan
40R-11255 (LD 727/87).
BY-LAW read a first, second and third time and finally passed this 6th day of Febru-
ary, 1989.
/'Bruce Tay]o'r, Clerk
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3019/89
Being a by-law to authorize the execution of a
Transfer of Easement over Part Lot 46, Plan 1041
(Part 2, Plan 40R-11255); a Transfer of Easement
over Part Lot 47, Plan 1041 (Part 4, Plan
40R-11255) and Part Block M, Plan M-1057 (Part
3, Plan 40R-11255) and a Development Agreement
respecting Part Lot 47, Plan 1041 (Parts 3, 4 and
5, Plan 40R-11255) Pickering, (re Bradburn
LD 727/$7; Eastbank Road).
WHEREAS, pursuant to the provisions of section 53(12) of the Regional Municipality of
Durham Act, R.S.O. 1980, chapter 434, the Town is responsible for storm drainage
within the Municipality; and
WHEREAS, pursuant to the provisions of sections 50(6) and 52(2) of the Planning
Act, 1983, S.O. 1983, chapter 1, the Town may enter into an agreement as a result
of a condition to the approval of the granting of a consent by the Durham Land
Division Committee; and
WHEREAS, pursuant to the provisions of section 193 of the Municipal Act, R.S.O.
1980, chapter 302, the Town may acquire an interest in land required for the pur-
poses of the Corporation and may dispose of same when no longer so required; and
WHEREAS, the Durham Land Division Committee granted its consent to the severance
of Part Lot 47, Registrar's Compiled Plan 1041, Picketing on April 11, 1988, subject
to certain conditions (LD 727/87);
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 the following:
(a) Transfer of Storm Sewer Easement, in the form attached hereto as Sched-
ule A, between Jean Elizabeth Pettus and The Corporation of the Town of
Picketing respecting Part Lot 46, Registrar's Compiled Plan 1041, Picker-
ing, designated as Part 2, Plan 40R-11255.
(b) Transfer of Storm Sewer Easement, in the form attached hereto as Sched-
ule B, between Morley James Bradburn and Lenore Christine Bradburn
and The Corporation of the Town of Picketing respecting Part Lot 4?,
Registrar's Compiled Plan 1041, Picketing, designated as Part 4, Plan
40R-11255, and Part Block M, Plan M-1057, Picketing, designated as Part
3, Plan 40R-112551
(c) Transfer of Land, in the form attached hereto as Schedule C, from The
Corporation of the Town of Picketing to Morley James Bradburn and
Lenore Christine B~adburn respecting Part Block M, Plan M-1057, Picker-
lng, designated as Part 3, Plan 40R-11255; and
(d) Development Agreement, in the £orm attached hereto as Schedule D,
between Morley James Bradburn and Lenore Christine Bradburn and The
Corporation of the Town of Picketing respecting Part Lot 47, Registrar's
Compiled Plan 1041, Picketing, designated as Parts 3, 4 and 5, Plan
40R-11255 (LD 727/87).
BY-LAW read a first, second and third time and finally passed this 6th day of Febru-
ary, 1989.
, P!CKERING ~rayne Ar4t~nurs, qVla~or ·
'APPROVED / "
/ Bruce Taylor, ~lerk
LEC-~L DEaf
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3019/89
Being a by-law to authorize the execution of a
Transfer of Easement over Part Lot 46, Plan 1041
(Part 2, Plan 40R-11255); a Transfer of Easement
over Part Lot 47, Plan 1041 (Part 4, Plan
40R-11255) and Part Block M, Plan M-1057 (Part
3, Plan 40R-11255) and a Development Agreement
respecting Part Lot 47, Plan 1041 (Parts 3, 4 and
5, Plan 40R-11255) Picketing, (re Bradburn
LD 727/87; Eastbank Road).
WHEREAS, pursuant to the provisions of section 53(12) of the Regional Municipality of
Durham Act, R.S.O. 1980, chapter 434, the Town is responsible for storm drainage
within the Municipality; and
WHEREAS, pursuant to the provisions of sections 50(6) and 52(2) of the Planning
Act, 1983, S.O. 1983, chapter l, the Town may enter into an agreement as a result
of a condition to the approval of the granting of a consent by the Durham Land
Division Committee; and
WHEREAS, pursuant to the provisions of section 193 of the Municipal Act, R.S.O.
1980, chapter 302, the Town may acquire an interest in land required for the pur-
poses of the Corporation and may dispose of same when no longer so required; and
WHEREAS, the Durham Land Division Committee granted its consent to the severance
of Part Lot 47, Registrar's Compiled Plan 1041, Pickering on April 11, 1988, subject
to certain conditions (LD 727/87);
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute the following:
(a) Transfer of Storm Sewer Easement, in the form attached hereto as Sched-
ule A, between Jean Elizabeth Pettus and The Corporation of the Town of
Picketing respecting Part Lot 46, Registrar's Compiled Plan 1041, Picker-
ing, designated as Part 2, Plan 40R-11255.
(b) Transfer of Storm Sewer Easement, in the form attached hereto as Sched-
ule B, between Morley James Bradburn and Lenore Christine Bradburn
and The Corporation of the Town of Pickering respecting Part Lot 47,
Registrar's Compiled Plan 1041, Pickering, designated as Part 4, Plan
40R-11255, and Part Block M, Plan M-1057, Pickering, designated as Part
3, Plan 40R-11255;
(c) Transfer of Land, in the form attached hereto as Schedule C, from The
Corporation of the Town of Pickering to Morley James Bradburn and
Lenore Christine Bradburn respecting Part Block M, Plan M-1057, Picker-
ing, designated as Part 3, Plan 40R-11255; and
(d) Development Agreement, in the form attached hereto as Schedule D,
between Morley James Bradburn and Lenore Christine Bradburn and The
Corporation of the Town of Pickering respecting Part Lot 47, Registrar's
Compiled Plan 1041, Pickering, designated as Parts 3, 4 and 5, Plan
40R-11255 (LD 727/87).
BY-LAW read a first, second and third time and finally passed this 6th day of Febru-
ary, 1989.
DICK[RING Wayne Ar~/~ur s, a~or
/ Bruce Tayldr~ ~]erk
on..,,o TransferTE ed of Land l
(4) ~.t~n
(S) O~fl~n This is a: P~o~ P~O~
N~ Pro~ Identifiers
· ow~ o~ ~ic~e~i~,
~iO~l Municipality o~ Durham
D~ment New Ea~meflt Additional [ F~ Simp~ Easement
CO~ Plan/Sketch ~ Description ~ Pa~i~
~he pe:son consenting ~elow ~s my spouse. Z, 3~AN S~13A~B P~US am one
ma:~iage Co ~o~e~ Per,us. Date of S~tum
Na~(s) ] S~nature(s) = ~ ,
THE CORPORATION OF THE TOWN ~1988
OF PICKERIMG
~v88
(~2) Tr~s~e~(s) Add~
S~nature ......................... [ ...... ~.. , ~, . .~ Signature ........................... ~ ...... ~... ~..
Addr~ ot
of Pr~ : j
C.M. Timothy Sheffield t~tul~l_afldTra~ferTax
Town Solicitor 1~1- '
1710 Kingston Road
Picketing, Ontario ~[ '
L1V 1C7 ~[~ To~
INTEREST/ESTATE TRANSFERRED
1. The Transferor hereby transfers to the Transferee the free, uninterrupted and
unobstructed right and easement to construct, operate and maintain such storm
drainage works, together with any appurtenances thereto as may be required
from time to time in, under and across the lands herein described, together
with a right of the Transferee, its successors and assigns and its and their
servants, agents and workmen, with all necessary equipment, machinery and
vehicles to enter upon the lands at all times and to pass and repass thereon for
replacing (including replacement with storm drainage works of larger size and
capacity) and maintaining the storm drainage works or any part thereof or
appurtenances thereto to be constructed, reconstructed, examined, repaired,
renewed, replaced or maintained situate on the lands.
2. The Transferor covenants that it shall not erect any building or structure nor
place or remove any fill on or from any part of the lands without the express
written consent of the Transferee.
3. 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 here-
by, or which may arise out of the existence or operation of the storm drainage
works, provided the Transferee fills in all excavations and as far as is practi-
cable restores the surface to the condition existing prior to any entry thereon
to exercise the right hereby granted.
4. The Transferor cov. enants that it shall execute such further assurances of the
right and easement granted hereby as may be required by the Transferee.
5. The burden of this Transfer and of all the covenants contained herein shall run
with the lands herein described.
6. This Transfer shall be binding upon and shall enure to the benefit of the
parties hereto and their respective successors and assigns.
LAND BENEFITED (DOMINANT TENEMENT)
7. The benefit of this Transfer and all of the covenants contained herein shall run
with all other lands and interests in land owned, occupied or used by the
Transferee, its successors and assigns for the purpose of operating and main-
taining storm drainage works.
o, a e Lan
(3) Pr~ BI~
(4)
Two Do,~ $ 2.00
(5) O~pt~n Th{~ is a: P~o~
Part of Lot 47, Regtstrar~ Compiled Plan 1041,
being Part 4, Plan 40R-1125~; and
N~ Pro~
R~di~,a~: Part of Parcel , Section M-1057, Picketing,
Sc~dule ~ being that part of Block M, Plan M-1057, designated
Ex~l~n= as Part 3, Plan 40R-~255,
Aa~{~na~: Town of Pickerlng,
s~e~e ~ Regional Municipality of Durham
A~itionat ~ F~ Simp~
D~m~l New Ea~ment ,: O~cription ~ Padi~ ~ Other ~ ~asement
Con.ins Plan/Sketch ~
T~s~ro~a) The transferor hereby transfem t~e land to t~ transferee and ce~ifim that t~ transferor is at ~t etght~ ~m old a~ t~t
Date of S~tum
BRADBURN, Lenore Christine '
..................................... ~.~...~./~~ ~:...~ .-
9) S~us~s) ol Transferor(s) I her~y con~nt to this tran~ction Date of Signature
Na~(s) Sig~ture(s) Y M O
10) Tr~lfmm(~) l~
f~s~ 1798 Spruce Hill Road, Picketing, Ontario L1V 1S4
11) Translere~s) Date of Bi.h'
Y M D
yl
Bruce Ta or, Clerk,
on or before July ~1, ~989 - 1710 Kingston Road, Picketing, Ontario
and ~l~f, this ~ransfer d~s not contravene that s~tion. I sm an Ontario solicitor in g~ standing. Date of Signature
Address of
Signature. '
Solicitor
Mun~l~l A~re~ of Pro~ (17) D~um~l P~ ~
C.M. Timothy She[field
Town Solicitor
1710 Kingston Road
Picketing, Ontario
L1V 1G7 Tom
Schedule S
Form $ -- L~nd Regbtrmlon RMonfl AGt 1~4 ~ of ]
,NTEREST/ESTATE TRANSFERRED
1. The Transferor hereby transfers to the Transferee the free, uninterrupted and
unobstructed right and easement to construct, operate and maintain such storm
drainage works, together with any appurtenances thereto as may be required
from time to time in, under and across the lands herein described, together
with a right of the Transferee, its successors and assigns and its and their
servants, agents and workmen, with all necessary equipment, machinery and
vehicles to enter upon the lands at all times and to pass and repass thereon for
replacing (including replacement with storm drainage works of larger size and
capacity) and maintaining the storm drainage works or any part thereof or
appurtenances thereto to be constructed, reconstructed, examined, repaired,
renewed, replaced or maintained situate on the lands,
2. The Transferor covenants that it shall not erect any building or structure nor
place or remove any fill on or from any part of the lands without the express
written consent of the Transferee.
3. 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 here-
by, or which may arise out of the existence or operation of the storm drainage
works, provided the Transferee fills in all excavations and as far as is practi-
cable restores the surface to the condition existing prior to any entry thereon
to exercise the right hereby granted.
4, The Transferor covenants that it shall execute such further assurances of the
right and easement granted hereby as may be required by the Transferee.
5. The burden of this Transfer and of all the covenants contained herein shall run
with the lands herein described.
This Transfer shall be binding upon and shall enure to the benefit of the
parties hereto and their respective successors and assigns.
LAND BENEFITED (DOMINANT TENEMENT)
7. The benefit of this Transfer and all of the covenants contained herein shall run
with all other lands and interests in land owned, occupied or used by the
Transferee, its successors and assigns for the purpose of operating and main-
taining storm drainage works.
o,P'°""c' Transfer/Deed of Land A
~ ~ Form I -- Land Reg~efmtlon Ralomt A~ 1~
(3) P~ Bilk P~ '
I~t~=) A~
(41 ~l~
Two ~1~$ 2,00
(5) Deadpan This is a: Pm~ ~
DiviNon ~ ~l~flon ~
Part of Parcel D-l, Section M-1057, Picketing
New Properh/Identitiers being that part of Block M, Plan M-1057,
Additional: designated as Part 3, Plan 40R-11Z55
Town of Pickering,
^~t~..~: Regional Municipality of Durham
Schedule []
(6) Thll fa) Redescription : (bi Schedule for: I (7) Inleflef/EalMe Trenllld~ld
Document New Easement : Additional [ Fee Simple
Contains Plan/Sketch ~. i Description, [] Parties [] Other~
Date ot Signature
............................................................................... Y M D
Name(s) Signeture(s) ~
THE CORPORATION OF THE TOWN ~
r(9) Spouse(s) of Tr~sferor(a) ( hereby co~sent to this transaction Date o! Signs,lure
Name(s) Signature(a) Y M D
('10}?re~efer~r~a}l~mes on or be/ore Suiy 3i, i'-;'$'~ -itiO Kingston Road, ?iekering, un,ar~o
forServlc, after July 31, 1989 - One The Esplanade, Picketing, Ontario
f(11) Transteree(s) Date of
BRADBURN, Morley Sames
BRADBURN, Lenore Christine
(12) Translates) Add~ ~ ~
forSenrlce 1798 Spruce Hill Road, Picketing, Ontario L1V 1S4
~ (13) Tranaferofl[I) The transferor verifies thai to Ihe besl of the translator's knowledge and belief this transfer does not contravene seclion 49 of th(
Planning Act. 1983. Date of Signature Data ot Slgnatur<
) Seftcltor tm Transferals) t have explained the effect of section 49 otthe Planning Act, 19~3 to the tranaferor and t have made inquiries o! the translator
.~ to determine that this transfer does not contravene that section and based on the information supplied by the tref~feror, to the best of my knowledge
z ! and helief, this tra~ter does not contravene that section. I am an Ontario solicitor in good standing. Date of Slgnatun
_01Nameand ~ Y ~ M
~ I Address of -' ~
O Solicifo~ :5~gnatura ........................... ~ ..............
'E I~1 solicitor in good standing.
~. J~ ~5-_ J Name and Date of Slgnatur,
Signature ................................. ; .... :..
>(16) Munlelpal Address of PropertY : ' : (17)' Document Pre~lrl~ by:
Picketing, Ontario dld.-II' .
L1V lC7 l~ To~
10173 it 2/84)
THIS AGREEMENT made this 6th day of February, 1989.
BETWEEN:
MORLEY JAMES BRADBURN
and
LENORE CHRISTINE BRADBURN
hereinafter collectively called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS, the Owner proposes to develop that part of Lot 47, Registrar's Compiled
Plan 1041, in the Town of Picketing in the Regional Municipality of Durham, designat-
ed as Parts 4 and 5, Plan 40R-11255, pursuant to a decision dated April 11, 1988 of
the Durham Land Division Committee (LD 727/B7);
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town
approving the proposed development, and the covenants hereinafter expressed, the
Parties hereto covenant and agree one with the other as follows:
1. LAND AFFECTED
The lands affected by this Agreement (herein called the "Lands") are those
parts of Lot 47, Registrar's Complied Plan 1041, Picketing, designated as Parts
3, 4 and 5, Plan 40R-11255.
2. OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good workmanlike man-
ner, for the Town, all the municipal services as hereinafter set forth to the
satisfaction of the Director of Public Works for the Town of Picketing, and shah
complete, perform or make payment for such other matters as may be provided
for herein.
3. 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 Lands.
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.
4. STORM SEWER
(1) The Owner shall construct a storm sewer extension and man-hole to
service the Lands and to provide capacity for the 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 them including clearing any blockages or debris from
whatever cause, until they are formally accepted by the Town.
(2) Such extension and clean-out shall be connected to the existing storm
sewer according to designs approved by the Director of Public Works and .
shall be of sufficient size and depth to service the Lands and the lands
upstream thereof which, in the opinion of the Director of Public Works,
will require their use as an outlet.
(3) The Town may connect or authorize connection into any part of the
extension but such connection shall not constitute acceptance thereof by
the Town.
(4) No connection under subsection (3), above, shall be undertaken or au-
thorized prior to preliminary acceptance of the extension by the Town,
except in an emergency.
5. ROAD WORKS
(1) The Owner shall restore, maintain and repair Eastbank Road adjacent to
the Lands and where construction has taken place and keep it clear of
dust. refuse, rubbish or other litter of all types.
(2) The Owner shall erect and maintain adequate signs to warn all persons
using Eastbank Road that restoration, maintenance and repair is under-
(3) Such signs and the location thereof are subject to the approval of the
Town's Director of Public Works.
6. CURBS & GUTTERS
(1) The Owner shall re-construct curbs and gutters on Eastbank Road ad,a-
cent to the Lands and where construction has taken place 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 drive-
way, the Owner shall construct a curb depression in the correct location
and fill in the original curb depression according to the said specifica-
tions.
7. ' SIDEWALK
The Owner shall construct a sidewalk on the east side of Eastbank Road, adja-
cent to the Lands, according to the specifications of the Town in effect at the
date hereof and to maintain it until it is formally accepted by the Town.
8. UNDERGROUND ELECTRIC DISTRIBUTION & CABLE TELEVISION SERVICE
(1) Electric distribution shall be provided to the Lands underground and not
aboveground according to the standards and specifications of Picketing
Hydro-Electric Commission.
(2) Cable television services shall be provided to the Lands underground and
not aboveground according to the standards of Picketing Cable T.V.
Limited.
(3) The installation of all works provided for in this section shall be con-
structed under the supervision and inspection of Picketing Hydro-Electric
Commission and Picketing Cable T.V. Limited, as the case may be.
9. INSPECTIONS
(1) Prior to the commencement of any construction on Town-owned lands, the
Owner shall pay to the Town the sum of $35 as an engineering drawing
inspection fee.
(2) All works required hereby to he constructed by the Owner, except those
referred to in section 8, above, 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), above, may include, but not
necessarily be limited to, salaries and wages of Inspectors, testing fees
and administration fees.
10. LIABILITY INSURANCE
(1) Before commencing any of the work provided for herein, the Owner shall
supply the Town with a Liability Insurance Policy in a form satisfactory
to the Town, indemnifying the Town from any loss arising from claims for
damages, injury or otherwise in connection with the work done by or on
behalf of the Owner on Lands and elsewhere.
(2) The amount of the Policy shall be $5,000,000.
(3) In the event any renewal premium is not paid, the Town, in order to
prevent the lapse of such Liability Insurance Policy, may pay the renewal
premium or premiums and the Owner shall pay the cost of such renewal or
renewals within 30 days of the account therefor being rendered by the
Town.
(4) It shall be the responsibility of the Owner to notify the Town of the
dates for the renewal of the premium of the said policy and to supply
proof that the premium of the said policy has been paid in order that the
protection provided by the Liability Insurance Policy shall not lapse.
11. 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 a
$10,000 performance and maintenance security in a form satisfactory to
the Town for the purpose of,
(a) guaranteeing the satisfactory construction, installation or perfor-
mance of the works;
(b) guaranteeing the payment of any amounts payable to the Town
under section 9 of 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, 1982, and
(d) guaranteeing all works, workmanship and materials for a period of
two 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, from time to time, apply for a reduction in the security
and such application shall be made to the Town Treasurer.
3
(3) Upon written verification from the Director of Public lVorks that the
constlmctton, installation or performance of the works for which reduction
is being sought have been satisfactorily completed and paid for, the Town
Manager may reduce the amount of the security to an amount not less
than,
(a) thirty-five per cent (35%) of the original value where no certifi-
cate or declaration of substantial performance has been made;
(b) twenty per cent (20%) of the 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 holdhack
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
and
(c) ten per cent (10%) 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; and
(iii) all liens that may be claimed against any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
which ten per cent (10%) portion 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.
12. DRAINAGE - SODDING
(1) Prior to the commencement of any work provided for herein, the Owner
shall provide the Town, a Grading Control Plan prepared by the Owner's
Consulting Engineer, establishing the proposed grading of the Lands and
the adiacent boulevard 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 is subject to the approval of the Director of Public Works.
(3) The grading of all lands shall be carried out by the Owner in accordance
with the Grading Control Plan, under the supervision of the Owner's
Consulting Engineer.
(4) If, in the opinion of the Director of Public Works, drainage problems
occur prior to formal acceptance of the works in the project 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.
(5) The Owner shall sod the front, side and rear yard of the Lands except
for paved, planted or treed areas, upon the completion of the con-
struction of the main building thereon.
13. INCOMPLETED OR FAULTY WORK
(1) If, in the opinion of the Director of Public Works, the Owner is not
prosecuting or causing to be prosecuted the work in connection with this
Agreement within the specified time, or in order that it may be completed
within the specified time, or is improperly performing the work, or shall
the Owner neglect or abandon it before the completion, or unreasonably
delay the same so that the conditions of this Agreement are being violated
or carelessly executed, or in bad faith, or shall the Owner neglect or
refuse to renew or again perform such work as may be rejected by the
Director of Public Works as defective or unsuitable, or shall the Owner in
any other manner, in the opinion of the Director of Public Works, make
default in performance of the terms of this Agreement, then in any such
case, the Director of Public Works shall promptly notify the Owner in
writing of such default or neglect and if such notification be without
effect within ten clear days after such notice, then in that case, the
Director of Public Works shall thereupon have full authority to purchase
such materials, tools and machinery and to employ such workmen as in his
opinion shall be required for the proper completion of the said work 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 work may be done without prior notice but the Owner shall be
forthwith notified.
(3) The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
(4) It is understood and agreed that such costs shall include a management
fee of 20% of the labour and material value, and further, a fee of 30% of
the value for the dislocation and inconvenience caused to the Town as a
result of such default on the part of the Owner, it being hereby declared
and agreed that the assuming by the Owner of the obligations imposed by
this paragraph is one of the considerations, without which the Town
would not have executed this Agreement.
14. TRANSFERS - EASEMENTS
(1) The Owner shall arrange at no cost to the Town for granting to the
Town. free and clear of all encumbrances (except a servicing easement or
easements in favour of The Regional Municipality of Durham) storm sewer
easements over Parts 2, 3 and 4, Plan 40R-11255, and such other ease-
ments as the Director of Public Works or his designate may deem neces-
sary for the provision of storm sewer services both within the the Lands
and across lands adjacent.
(2) Such other easements shall be subject to the approval of the Director of
Public Works or his, designate as to their location and width.
(3) The construction of any services in any easement or easements referred
to in subsection {1), above, shall not commence until the easement has
been acquired by the Town, unless permission to do so has been obtained
by the Owner, in writing, from the Town and from the registered owner
of the lands across which the easement shall lie.
15. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Pa. ving of Driveway Approach
TO pave the driveway approach between the curb and the sidewalk.
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(b) C.o.ntinuatlon of Existin~ 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, other than in the actual construction restoration,
maintenance or repair of services 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% compliance with the terms of sub-
clause (i), above.
(iii) That there shall be no burning of refuse or debris upon the
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.
(f) Specifications
Unlese 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) En[~ineerin~ Drawings
Prior to the final acceptance of work, to supply the Town with the
original engineering drawings, with amendments, if any, noted thereon.
16. TREE PLANTING
(1) The Owner shall plant on Eastbank Road ad]acent to the Lands, one tree
o£ a size and type acceptable to the Town.
(2) The tree approved by the Town shall be planted by the Owner no more
than six months after final grading.
17. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
Save as herein otherwise provided, the Owner shall complete the works required
under this Agreement within two years /rom the date of registration of this
Agreement, and shall guarantee the workmanship and materials for a period of
two years from the date that the said works are approved in writing by the
' 'l'own.
18. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(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 ~Vorks, capable of providing adequate service,
and
(b) all easements required by the Town pursuant to section 14, have
been transferred to the Town by registration thereof in the
appropriate Land Registry Office.
(2) No building or part of a building on the lands shall be occupied except
upon the issuance of a municipal occupancy permit.
(3) No application for a municipal occupancy permit for a building or part of
a building shall be made except upon the following conditions:
(i) Sewer and water facilities are installed and in operation to ade-
quately serve such building or part thereof;
(ii) Electric service is completed and in operation; and
(iii) Such curbs as in the opinion of the Director of Public i~/orks are
required to be completed prior to occupancy have been construct-
ed.
19. 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 0
(b) Local Improvements
Prior to the registration of this Agreement, to prepay any outstanding
local improvement charges which are levied against the Lands.
(c) Interest
To pay interest at the rate of 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.
(d) Registration Fees
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 Registry Office or Land Titles Office.
(e) Lien or Other Claims
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, 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.
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EXPIRY OF SECURITIES
(1) Should any security required to be given under the terms of this Agree-
ment 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.
21. NOTICE
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.
22. INTERPRETATION
Whenever in this Agreement the word "Owner", or the pronoun "it" is used, it
shall be read and construed as "Owner or Owners", and "his", "her" or
"them", respectively, and the number of the verb agreeing therewith shall be
construed accordingly.
23, TIME
Time shall be of the essence of this Agreement.
24. BINDING PARTIES
This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the individuals comprising the Owner have hereunto affixed
their hands and seals and the Town has hereunto affixed its Corporate Seal attested
to by the hands of its authorized officers.
SIGNED, SEALED & DELIVERED
In the presence of
Morley James Bradburn
Lenore Christine Bradburn
THE CORPORATION OF THE TOWN OF PICKERING
Bruce Taylor, Clerk
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