HomeMy WebLinkAboutBy-law 1858/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1858/84
Being a by-law to authorize the execution of a
Grant of Easement over Part Lot 45, Plan 1041
(Part 3, Plan 40R-8061); a Transfer of Easement,
over Part Block M, Plan M-1057 (Part 4, Plan
40R-8061); a Transfer of Part Block M, Plan
M-1057 (Part 4, Plan 40R-8061); and a Develop-
ment Agreement respecting Part Lot 45, Plan 1041
(Parts 2 and 3, Plan 40R-8061) all between the
Town and Chrand Construction Inc. (LD 34/84;
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 45, Registrar's Compiled Plan 1041, Picketing on February 13, 1984,
subject to certain conditions (LD 34/84);
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute the following:
(a)
Grant of Storm Sewer Easement, in the form attached hereto as Schedule
A, between Chrand Construction Inc. and the Corporation of the Town of
Picketing respecting Part Lot 45, Registrar's Compiled Plan 1041, des-
ignated as Part 3, Plan 40R-8061;
(b)
Transfer of Storm Sewer Easement, in the form attached hereto as Sched-
ule B, between Chrand Construction Inc. and the Corporation of the
Town of Picketing respecting Part Block M, Plan M-1057, designated as
Part 4, Plan 40R-8061;
(c>
Transfer of Land, in the form attached hereto as Schedule C, from the
Corporation of the Town of Picketing to Chrand Construction Inc. re-
specting Part Block M, Plan M-1057, designated as Part 4, Plan 40R-8061;
and
(d)
Development Agreement, in the form attached hereto as Schedule D,
between Chrand Construction Inc. and the Corporation of the Town of
Picketing respecting Part Lot 45, Registrar's Compiled Plan 1041, des-
ignated as Parts 2 and 3, Plan 40R-8061 (LD 34/84).
BY-LAW read a first, second and third time and finally passed this 18th day of June,
1984.
CFerk/ / /'
Schedule A
By-law 1858/84
GRANT OF EASEMENT
THIS INDENTURE made in duplicate this 18th day of June, 1984.
IN PURSUANCE of The Short Forms o£ Conveyances Act.
BETWEEN:
CHRAND CONSTRUCTION INC.
a Corporation incorporated under the laws
of the Province of Ontario
hereinafter called the "Grantor"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Grantee"
OF THE SECOND PART.
WHEREAS the Grantee has requested the Grantor to execute this conveyance and the
Grantor has agreed to do so in order to facilitate the works program of the Grantee;
NOW THEREFORE, this Indenture witnesseth that in consideration of the premises and
the sum of Two Dollars ($2.00) now paid by the Grantee to the Grantor, the receipt
whereof is hereby acknowledged, the said Grantor does hereby grant, transfer and
convey unto the Grantee, its successors and assigns, the free, uninterrupted and
unobstructed right and easement to construct, operate and maintain such storm sewer
or sewers together with any and all appurtenances thereto as may he required from
time to time, on, in, across, under and through the lands situate in the Town of
Picketing. in the Regional Municipality of Durham and more particularly described in
Schedule "A" attached hereto;
TOGETHER with the right of the Grante%, its successors and assigns and its and
their servants, agents and workmen, with all necessary equipment, machinery and
vehicles to enter upon the said lands at all times and to pass and repass thereon for
the purpose of constructing, reconstructing, examining, repairing, renewing or
replacing (including replacement with storm sewer or sewers of larger size and capa-
city) and maintaining the said sewer or sewers or any part thereof or appurtenances
thereto, whether or not such sewer, sewers, part thereof or appurtenances thereto to
be constructed, reconstructed, examined, repaired, renewed, replaced or maintained
is situate on the said ]ands;
TO HAVE AND TO HOLD the said easement or right in the nature of an easement on,
in, across, under and through the lands described in Schedule "A" attached hereto
unto the Grantee, its successors and assigns for its and their sole and only use
forever;
AND the Grantor, for its heirs, executors, administrators, successors and assigns
covenant with the Grantee, its successors and assigns to keep the said lands de-
scribed in Schedule "A" hereto free and clear of any buildings, or structures or
obstructions; nor to deposit on or remove any fill from the said lands, and not to do
or suffer to be done any other thing which may or might injure or damage any of the
works of the Grantee herein;
AND the Grantor covenants with the Grantee that it has the right to convey the said
rights and easements to the Grantee, notwithstanding any act of the Grantor;
AND the Grantee shall have quiet possession of the said rights and easements, free of
all encumbrances, save as set out herein;
AND the Grantor releases the Grantee from all claims upon the estate herein conveyed
for the rights granted by this Indenture;
AND the Grantee covenants and agrees with the Grantor that it will fill in all exca-
vations and, as far as is practicable, restore the lands and premises to the condition
existing prior to any entry thereon to exercise the rights hereby granted;
AND the right and easement granted hereby shall be concurrent with a similar right
and easement granted to The Regional Municipality of Durham for its purposes and
such rights and easements shall be of equal effect and status regardless of the order
in which the documents creating the rights and easements are registered;
IT IS UNDERSTOOD AND AGREED by and between the Parties hereto that the burden
of this Indenture and of all of the covenants herein contained shall run with the
lands hereinbefore described and the benefit of this Indenture and of all covenants
contained herein shall run with ali other lands and interest in land owned, occupied
or used by the Grantee, its successors and assigns, for the purpose of operating,
maintaining the said storm sewer or sewers and that this Indenture shall be binding
upon and enure to the benefit of the Parties hereto and their respective heirs, exec-
utors, administrators and assigns.
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals.
SIGNED, SEALED & DELIVERED
CHRAND CONSTRUCTION INC.
President
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
- 2 -
Schedule B
LAND TITLES ACT
CHRAND CONSTRUCTION INC.
a Corporation incorporated under the laws
of the Province of Ontario
the registered owner of the freehold land registered in the Land Registry Office for
the Land Tit]es Division of Durham (No. 40)
as Part of Parcel D-1
in the Register for Section M-1057, Picketing
in consideration of other good and valuable consideration and the sum of Two Dollars
($2.00) paid to it does TRANSFER to THE CORPORATION OF THE TOWN OF PICKER-
ING, the free, uninterrupted and unobstructed right and easement to construct,
operate and maintain such storm sewer or sewers, together with any appurtenances
thereto as may be required from time to time in, under and across the lands hereinaf-
ter described, namely:
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying
and being in the Town of Picketing, in the Regional Municipality of Durham and
Province of Ontario and being composed of that part of Block M, Plan M-1057, des-
ignated as Part 4, Plan 40R-806l,
being Part of the said Parcel.
TOGETHER with the 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 said lands at all times and to pass and repass thereon for
the purpose of constructing, reconstructing, examining, repairing, renewing or
replacing (including replacement with storm sewer or sewers of larger size and capac-
ity) and maintaining the said sewer or sewers or any part thereof or appurtenances
thereto, whether or not such sewer, sewers, part thereof or appurtenances thereto to
be so constructed, reconstructed, examined, repaired, renewed, replaced or main-
tained is situate on the said lands;
TO HAVE AND TO HOLD such right and easement in, under and across the said
lands unto the Transferee, its successors and assigns for its and their sole and only
use forever, save as hereinafter specifically provided;
AND 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 said lands;
AND 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 or operation of the said storm sewer or sewers,
and accepts the consideration above-mentioned in full satisfaction of all such claims,
provided the Transferee fills in all excavations and as far as is practicable, restores
the surface to the condition existing prior to any entry thereon to exercise the right
granted hereby;
AND the Transferor covenants that it shall execute such further assurances of the
right and easement granted hereby as may be required by the Transferee;
AND the right and easement granted hereby shall be concurrent with a similar right
and easement granted to the Regional Municipality of Durham for its purposes and
such rights and easements shah be of equal effect and status regardless of the order
in which the documents creating the rights and easements are registered;
AND the burden of this transfer and of all the covenants contained herein shall run
with the said lands and the benefit of this transfer and of all 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
maintaining a storm sewer or sewers;
AND this transfer shall be binding upon and enure to the benefit of the Parties
hereto and their respective heirs, executors, administrators, successors and assigns,
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals,
DATED at Picketing, this 18th day of June, 1984.
SIGNED, SEALED & DELIVERED
CHRAND CONSTRUCTION INC.
President
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
- 2 -
Schedule C
THE CORPORATION OF THE TOWN OF PICKERING
the registered owner of the freehold
Registry Office for the Land Titles Division of
aslP~0r~k Part of Parcel
in the register for Section H-lO5?, Plckerlng
land registered in the Land
Durham (No. b,O)
in consideration of the sum of ........................................
................ ]340 ($2.00) ...................................... -Dollars
paid to It TRANSFERsto
CHRAND CONSTRUCTION INC.
a Corporation incorporated under the laws
of the Provlnce of Ontario
the land hereinafter particularly described namely
ALL AND SINGULAR that certain parcel or tract of lands and premises
situate, lying and being in the Town of Pickerlng, In the Regional
Hunicipallty of Durham and Province of Ontario and being composed
of that part of 8lock H, Plan M-lOS?, designated as Part q, Plan
~0R-8061,
being part of the said Parcel.
Form L1333
Transfer of
Freehold Land
DATED the 18th day of June, 1984.
THE CORPORATION OF THE TONN OF PICKERING
H-ayo r
C'lerk ........
AFFIDAVIT OF SUBSCRIBING WITNESS
I,
of the
in the make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at by
I verily believe that each person whose signature I witnessed is the party of the same name referred
to in the instrument.
SWORN before me at the
in the
this day of 19
Schedule D
THIS AGREEMENT made this 18th day of June, 1984.
BETWEEN:
CHRAND CONSTRUCTION INC.
hereinafter 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 45, Registrar's Compiled
Plan 1041, in the Town of Picketing in the Regional Municipality of Durham, designat-
ed as Parts 2 and 3, Plan 40R-8061, pursuant to a decision dated February ]3, 1984
of the Durham Land Division Committee (LD 34/84);
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:
PART 1 - PROPERTY DESCRIPTION
LAND AFFECTED
The lands affected by this Agreement are:
ALL AND SINGULAR that certain parcel or tract of land and premises situate,
lying and being in the Town of Picketing, in the Regional Municipality of
Durham and Province of Ontario and being composed of that part of Lot 45,
Registrar's Compiled Plan 1041, designated as Parts 2 and ~, Plan 40R-8061.
2
PART 2 - SERVICES
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 shall
complete, perform or make payment for such other matters as may be provided
for herein.
CONSULTING ENGINEERS
(i)
The Owner shall retain a Professional Engineer as the Consulting Engineer
of the Owner shall carry out all the necessary engineering and to super-
vise generally the work required to be done for the development of the
subdivision.
(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.
4. STORM SEWERS
(i)
The Owner shall construct a storm sewer extension and manhole 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
them including clearing any blockages or debris from whatever cause,
until they are formally accepted by the Town.
(2)
Such extension and manhole 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 4, above, shall be undertaken or au-
thorized prior to preliminary acceptance of the extension by the Town,
except in an emergency.
5. ROADS - PAVED
(i)
Until assumption by the Town, the Owner shall restore, maintain and
repair Eastbank Road adjacent to the lands where construction has taken
place and keep clear it of dust, refuse, rubbish or other litter of all
types.
(z)
The Owner shall erect and maintain adequate signs to warn all persons
using Eastbank Road that restoration, maintenance and repair is
underway.
(3)
Such signs and the location thereof are subject to the approval of the
Town's Director of Public Works.
3
PART 2 - SERVICES (Cont'd)
CURBS & GUTTERS
(1)
The Owner shall re-construct curbs and gutters on Eastbank Road adja-
cent to the lands 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-
tlons.
7. SIDEWALKS
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)
Underground electric distribution shall be provided for the lands accord-
ing to the standards and specifications of Picketing Hydro-Electric Com-
mission.
(2) Underground cable television services shall be provided for the lands
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.
(z)
All works required to be constructed by the Owner, except those re-
ferred to in section 8, above, shall he 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
necessarily be limited to,
and administration fees.
subsection (2), above, may include, but not
salaries and wages of Inspectors, testing fees
10. LIABILITY INSURANCE
(i)
Before commencing any of the work provided for herein, the Owner shall
supply the Town with a Liability Insurance Policy in 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.
PART 2 - SERVICES (Cont'd)
(3)
(4)
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.
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
100% performance and maintenance security in a form satisfactory to the
Town and in an amount established by the Director of Public Works 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)
Upon written verification from the Director of Public Works that the
construction, installation or performance of the works for which reduction
is being sought have been satisfactorily completed and paid for, the Town
Manager may reduce the amount of the security to an amount not less
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 holdback re-
quired to be retained by the Town have expired or have
been satisfied, discharged or provided for by payment
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;
PART 2 - SERVICES (Cont'd)
(4)
(ii) 45 days following the making of such certificate have
expired; and
(iii)
all liens that may be claimed against any holdback re-
quired to be retained by the Town have expired or have
been satisfied, discharged or provided for by payment
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.
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 shah provide to the Owner any necessary assurance to effect
the reduction.
12. DRAINAGE - SODDING
(1)
The Owner shall provide the Town, before commencing any of the work
provided for herein 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 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 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
for paved, planted or treed areas,
struction of the main building thereon.
and rear yard of the lands except
upon the completion of the con-
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 said Director of Public Works shall promptly notify the Owner
and his surety in writing of such default or neglect and if such notifica-
tion be without effect within ten clear days after such notice, then in
that case, the Director of Public Works shall thereupon have full author-
ity 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.
6
PART 2 - SERVICES (Cont'd)
(3)
(4)
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.
The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
It is understood and agreed that such costs shall include a management
fee of twenty per cent (20%) of the labour and material value, and fur-
ther, a fee of thirty per cent (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
(i)
The Owner shall arrange at no cost to the Town for granting to the Town
such easements as the Director of Public Works or his designate shall
deem necessary for the provision of storm sewer services both within the
boundaries of the lands and across lands adjacent thereto but outside its
boundaries.
Such 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 such easement or easements referred
to in subsection (1), above, shall not commence until the easement has
been acquired, 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) Paving of Driveway Approach
To pave the driveway approach between the curb and the 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, other than in the actual re-construction of the road
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 sub-
clause (i), above.
(iii)
That there shah be no burning of refuse or debris upon its lands
or any public lands.
7
PART 2 - SERVICES (Cont'd)
(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
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) Engineering Drawings
Prior to the final acceptance of the work, to supply the Town with the
original engineering drawings, with amendments, if any, noted thereon.
PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDING
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1)
16.
No building permit shall be issued for any building or part of a building
on the lands until sewer and water facilities are available, and in the
opinion of the Director of Public Works, capable of providing adequate
service.
(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:
(1)
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 Works,
are required to be completed prior to occupancy have been con-
structed.
(4) (a)
Should any building or part thereof be occupied without the prior
issuance of a municipal occupancy permit, then in that event, the
Owner shall pay to the Town the sum of $l,750 for each building
or part thereof so occupied, as liquidated damages therefor.
(b)
The issuance by the Town of municipal occupancy permits for
each building on the lands shall be deemed to be a release from
the provisions of this subsection.
PART 4 - FINANCIAL MATTERS
17. GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on the lands as required by law from time to
time.
(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 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.
(d) Registration Fees
To pay all registration costs incurred by the Town r~ating in any way to
the registration of this Agreement or any other related documentation,
including transfers, in the Registry 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.
18.
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.
10
PART - 5 PARKS & TREES
19.
TREE PLANTING
(i)
The Owner shall plant on Eastbank Road adjacent to the lands, a tree of
a size and type acceptable to the Town.
The tree approved by the Town shall be planted by the Owner no more
than six months after final grading.
11
PART 6 - GENERAL PROVISIONS
20.
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.
21.
INTERPRETATION
(i)
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.
(2) Schedules A and B attached hereto shah form part of this Agreement.
22.
TIME
Time shall be of the essence of this Agreement.
23.
BINDING PARTIES
This Agreement and everything herein contained shall enure to the
and be binding upon the Parties hereto, their successors aud assigns.
benefit of
IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals
attested to by the hands of their proper officers in that behalf fully authorized.
SIGNED, SEALED & DELIVERED
CHRAND CONSTRUCTION INC,
President
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
12
SCHEDULE A
1. 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 from 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
Town.
Town of Pickering
Legal Department
Chrand Construction Inc.
- Martindale Severance
- Lot 45, Plan 1041, Pickering
~ LD 34/84