·~ .

THE CORPORATION OF THE CITY OF BRAMPTON

BY-LAW Number 201-79

A By-law to authorize the execution of an Agreement between Delzor Investments Limited, LaBanitsa Developments Limited, Pietro Chiaravalloti, Emilo Chiaravalloti, Giovanni Agozzino, Mario Reame, Fernando Desantis, The Corporation of the City of Bramptoo. the Regional Municipality of Peel, Joanne Roher and Mylenax Investments Limited.

The Council of The Corporation of the City of Brampton ENACTS

as follows:

That the Mayor and the Clerk are hereby

authorized to execute an Agreement between

Delzor Investments Limited, LaBanitsa

Developments Limited, Pietro Chiaravalloti,

Emilo Chiaravalloti, Giovanni Agozzino,

Mario Reame, Fernando Desantis, The

Corporation of the City of Brampton, the

Regional Municipality of Peel, Joanne

Roher and Mylenax Investments Limited,

in the form attached hereto as Schedule IIA" .

. READ a FIRST, SECOND and THIRD TIME and PASSED in Open Council

this 7th day of August, 1979.

E. Archdekin, Mayor

APPLICATION TO REGISTER NOTICE OF AN AGREEMENT

\

THE LAND TITLES ACT SECTION 78

TO THE LAND REGISTRAR FOR THE LAND TITLES DIVISION OF PEEL (NO. 43):

THE CORPORATION OF THE CITY OF BRAMPTON,

being interested in the land entered

as Parcel 16-1,

in the Register for Section 43-TOR-GORE-8 (N.D.)

of which DELZOR INVESTMENTS LIMITED is the registered owner,

and as Parcel 16-2,

in the Register for Section 43-TOR-GORE-8 (N.D.) //'JIIJ3;rnFNr~ cfl

of which LABANITSA ~EVELOP~4B~1'PS LIMITED is the registered owner

and as Parcel 16-3

I in the Register for Section 43-TOR-GORE-8 (N.D.)

of which PIETRO CHIARAVALLOTI, EMILIO CHIARAVALLOTI, GIOVANNI

AGOZZINO, MARIO REAME and FERNANDO DESANTIS are the registered

owners, hereby applies to have Notice of an Agreement dated

the 7th day of August, 1979 made b.etween

DELZOR INVESTMENTS LIMITED, LABANITSA DEVELOPMENTS 'LIMITED,

PIETRO CHIARAVALLOTI, EMILIO CHIARAVALLOTI, GIOVANNI AGOZZINO,

MARIO REAME, FERNANDO DESANTIS, THE CORPORATION OF THE CITY

OF BRAMPTON, THE REGIONAL MUNICIPALITY OF PEEL, JOANNE ROHER, and

MYLENAX INVESTMENTS LIMITED

entered on the parcel register.

The evidence in support, of this Application consists of:

1. An executed copy of the said Agreement

This application is not being made for any fraudulent or improper

purpose.

DATED at BRAMPTON, this 25th day of September, 1979.

THE CORPORATION OF THE CITY OF BRAMPTON

by its solicitor

Laszlo Pandy-Szekeres

Part Lot 16, Cone.

MEMORANDUM OF AGREEMENT made in duplicate

·r day of AU(;U-i'- , 1979.

BET WEE N :

AND

DELZOR INVFSTMENTS LIHITED, LABANITSA IN V1=-<;.T1'1£"pr> tI;:;­BBw:tQ;eU~n~ LIMITED, PIETRO CHIA~_VALLOTI, EMILIO Cf!IARAVALLOTI, GIOVANNI AGOZZINO, MARIO REJU.m and FERNANDO DESANTIS· .

hereinafter called the 'O~·mers' OF THE FIRST PART

-TEE CORPORATION OF THE CITY OF B~lPTON

hereinafter called the 'City'

OF THE SECOND PART

AND

( -- -- THE REGIONJI.L ML"1lICIPALITY OF PEEL

AND

hereinafter called the 'Region'

OF THE THIRD PART

-URBl'.oN & COt'N'PP.Y DEVELOPlffil;j''±'S IJIHI'±'FD, GLADYS ELI3ABES?I: BOUCHEN, PRANK DEVIUE LIHI'£ED, JOF..NIJE " ROFER, MYLENAX INVESTr~NTS LI~ITED,CEORCE SmUCEL&.r~ ane JOJlJN SEHIGELSIC¥·

hereinafter called the '~ortgageesl

OF THE FOUPTH PART

~mEP~AS the OWner warrants that it is the OWner of

the lands described in Schedule 'A' (hereinafter referred to as

"the lands ll) and further warrants that the Mortgagees are the

only mortgagees of the lands;

AND w~REAS the Owner desires to subdivide the lands

in accordance with the proposed plan of subdivision as draft

approved shown as Schedule 'B' attached hereto (hereinafter

referred to as "the plan") ;

AND WEEREAS the City agrees that it will reco~~end to

the proper authority-the release of the plan of _subdivision

herein for registration subject to the terms and conditions of

this agreement and the conditions of draft plan approval.

- - - - - _ .......

\

:'. 4?:-~ --~-=""".- -""--::..~;;:,-:. -:;. :~.' ~;:-- ~~;...;.-

) .' " .. . ,

ssi­sioner of Public Horks

2.

"Works"

) ) . :onsultil"'.g ::ngineer

2

Nm\' '1'HEREFORE THIS AGREEI·JENT WITNESSETH that in

consideration of the-covenants hereir.after cor..t2.inec and in

consideration of the City approving and recorr~ending to t~e

appropriate authorities the approval of the plan for registration,

the parties hereto agree each with the other as follows:

ENGINEERING, BUILDING AND LANDSCAPING REQUIREMENTS

, . .

Works,

For the purposes of this agreement, "Commissioner of Publ:

shall mean with respect to a11 sanitary sewer and

water services and regional roads and storm drainage on

regional roads and any other regional matter the Commissioner

of Public Works for the Reg"ional 11unicipality of Peel and ~lith

respect to all other matters contained in this agreement shall

mean the City Engineer of the City of Brampton.

For the purposes of this agreement, lithe works" shall

mean all servicing and landscaping required to be done by the

Owner under the terms of this agreement and without limiting

the generality of the foregoing, the \-lorks shall include stOrIil

sewers and connections, ,,]aterreains and water service connections,.

roadways, structures, required fencing, sidewalks, parkland

grading, boulevard grading, so~ding, tree planting, landscaping, \ '

walk~'lays, street lighting, ane all other works required to be

done by the Owner in accordance with this agreement. All of

the works as described hereinafter are to be completed to the

satisfaction of the Co~~issioner of Public Works and/or the

Commissioner of Parks and Recreation twelve months after the

issuance of the first occupancy permit unless specified othe~~ise I

in this agreement.

~fuerever under the terms of this agreement the ~iner

is required to design and construct any 'Works, the O~mer shal~

employ competent engineers registered with the Association of

Professional Engineers of Ontario and Landscape Architects ~, • • • i' _ _ .. ~ -

registered with the ontario Association of Landscape Architects

or ~~erican Institute of Landscape Architects to:

('

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

3

design;

prepare and furnish all required c1r~n.!ing5;

prepare the necessary co~tracts; • '1- J: ...

obtain the necessary approvals in conjunction \.:i th I

the City or its agents;

provide field inspection and lay-out, contract

ad~~nistration and supervision of construction to

the satisfaction of the Hunicipal Engineer. The

Municipal Engineer may, \..;here reasonably necessary-,

require the OWner to provide a Resident Engineer or

other qualified person at the subdivision site in

furtherance of the Owner's obligation aforesaid;

obtain all records of construction of the works and,

upon--conpletion of the viorks, deposit r=as constructed rr

inked linens or chronoflex reproductions 'yTi th the City

Engineer and Mylar duplicates ~Tith the COr.'.!Cli.ssioner

of Public Works for the Region of Peel;

furnish the ci ty\·rith a certificate t-Ti th respect to

·each lot or buildi~g block for which a building permit

application is made certi~ying that the proposed lot

grading and drainage is in conforroity y:"i th the overalL

drainage scheme for the plan as approved by the City

-. En ..... .; r.'~~~. '-'­'::J~"'---I

prepare and provide the City, for each lot or block \·!i thin

the plan, a certificate of final grade elev2tion indicatir:

that the property has been developed in confornity \'7ith tb

approved overall drainage plan;

prepare and provide the City '-lit...;' C.n "as constructed"

grading plan showing actual field elevations at the

time iromediately prior to the City finally accepting the

services within the subdivision;

act as the OWner's representative in all matters

pertaining to construction for all the services specified

in this agreerr~nt.

o-... .;ner's Expense

5.

Storn Se\Y'ers

Sewage Disposal

4

The O"~er shall design, construct and install at its

own expense and in a sood ar:a \JorkmCll"'.like r.:anner, all ,rorks as

hereinafter ~~t forth_including t~ose work~ set- fnrth in :

Schedule 'D' attached hereto and complete, perfor~ or rear~ (

payment for all such matters as are hereinafter provided, includir~

those matters set forth in Schedule tD' attached hereto, within

such time limits as are specified herein and in Schedule 'n'

attached hereto.

Notwithstanding anything contained in this

agreement, the plan shall not be released by the City

for final registration until such ti~e as all of the detailed

plans and specifications for all of the "TOrks required by

this agreement are fully approved by the City and the Region.

tal The Owner shall construct a complete storm sewer system

or systems as required by the City Engineer including al~

appurtenant manholes, catchbasins, apparatus and equipment to servi

all the lands \·lithin the plan and adjacent road allo't-Jances

~ccording to __ designs -approved _ by the City Enginee:r. and in I

accordance ''lith the---specifications of the City in effect J

on the day of approval by the City Engineer. The Ot'1ner shall

maintain the complete storm sewer system or syster.ts, including

clearing any blockage, until they are finally accepted by

the City. Such se~-7ers shall be constructed to an outlet -

or outlets within or outside the plan as may-be designated

by the City Engineer and shall be constructed according to designs

approveC- by the City Engineer and shall be of sufficient size,

-depth -and location to service the lands ,·Tithin the plan and 1ands

outside the- plan ~;hich, in the opinion of the City Engineer, will

require their use as trunk outlets. The City may connect or

authorize connections into the said se\';ers but such connections

shall not constitute acceptance of the sewer system or systems

by the City.

(b) The Owner agrees that approval for a private sewage

disposal for each lot will be obtained f~om'the Peel Regiona1 Boar

of Health prior to the issuance of a puilding perr.~t for the -

=..,..~;;:,~"~~--- -;- -~.~~ .;-~:"'~sai~"'~lot ~':'_~::?-:.~_~::-----",- - ~"-:-.£---~-- -----:-+--J-;i-::,,"?!;~-:-'~.;{i;"~-::--L~'",~~~:::'-~~~,",-'2.~7.$;C:_j_:("O:;.i'=~}-_'~_ -::::~~~:-~:~_

-:,;.' ~ ~-.~ ~

... -- . "~.~ '::::~ :";:,'~ -

(c) (i)

5

The OWner agrees that the eevelopment shall proceed

only on the basis of connection of the South Peel

l-lunicipal Water._ System .. ~n.;:1 o'11y on the ba.si.s that ~ _ - - J:.. ' -~ ,

the subdivision area shall be pre-servicec. ,.-lith. \-later

mains and service connections in accordance \'lith

Regional standards. The timing of the tolater connections

will depend on staging of the extension of the South"

Peel l\1ater System to this area ..

(ii) The O\ .... ner shall construct and complete a potable \'later

(iii)

system including service connections to the street

line for each lot or block as shown on the plan,

including all appurtenances such as hydrants,. valves,

valve charr~ers and other apparatus and equipment to

service all lands \·7ithin the plan according to desigr.s

.approved by the COIll.missioner of Public \'forks and in

accordance with the specifications of the Region in

effect on the day of approval by the Commissioner of

Public v:orks. The Ovmer shall maintal.n the complete

water distribution ~ystem in accordance with the

regulations and by-la\'ls of the Region until they are

finally accepted by the Region. The 1O'7ater systen shall

include any trunks ,·lithin or outside the plan as :may be

desig:::'2.ted. by the Cort:missioner of Public ~1orks \vhich

may be necessary to service the lands within the plan

and r..ay be sized to service lands outside the plan ,..,hen r

in the opinion of the co~missioner of Public Works, such

trunks are required. The Region may connect or authorize

connections to the said system but such connections shall

not constitute acceptance of the \-later system. or systems

the Region.

The OWner agrees that a special "rater works 1evy as

provided in Schedule 'F' of this agreement shall be

collected by the Region to provide for the extension'of

South Peel Water System to this area.

6

The Owner shall remove and stockpile all top soil and ., )

~r(J~'" \ ~o~l shall rough grade to the full \>Tidth all road allowances and

Roads

Regional Roads

Curbs & Drive­"Vlays

9.

Pedes­trian Ways

walkways (except where existing trees are to be retained) a~ shown ". "I"- .. r-",

". -on the plan -prior to the installation or construction of \latermains,

storm sewers, curbs, gutters, sidewalks or utilities. The Owner

further agrees to keep the boulevards free and clear of all

materials and obstructions.

(a) The O~vner shall -install and construct or reconstruct to thE

City's specifications all roads as shown on the plan attached heret

as Schedule 'B', including traffic islands where specified by the

City CoItllnissioner of Public l-vorks.. All roads shall conform to grade

as approved-by the said Corr~issioner. The frwner shall grade and sod

the boulevard portion of all road allowances in accordance ~ith the

City's--specifications for grading and sodding.

(b) If the lands abut Regional roads, the O~"1ner shall carry out

certain improvements to the abutting Regional roads accorcing to

designs approved by the Regional Co~missioner of Public Works and in

accordance with the specifications of the Region in effect on the d~

of approval by the said Co~.issioner.

-- -If required by the Ci ~y conunissioner of Public Works, the \

OWner shall construct or reconstruct curbs and gutters on all roads

as shown on the plan according to the specifications of the City or

Region. If any curb depressions are not located correctly "lith

respect to any driveway, the O\·mer shall construct a curb depression

in the co~rect location and fill in the original depression in

accordance with t~~ City's specifications. The Owner shall install

pave drive\orays from at least the paved portion of the road. to the

front lot line of each lot to the specifications of the City~

The ~mer shall construct sidewalks, connecting and

park \Olalk\Oiays, associated foot bridges and pedestrian grade

separations in locations as shm·Jn on the plan or the lanascane .. plan according to specifications of the City and ~aintain them

until they are finally'accepted in writing by the' City.

Ii \: I ..

]0'. " I~, ,

I "

Street name and traffic signs

. , -_. Street :ights

::"2.

;~ilding ?erIid.ts

7

The Owner shall provide and erect: one three-lvay street

name sign at each "T" intersection and t~;o four-way street naree

signs at each cross-intersection \'!ithin the plan in such locations ---

as approved by the City COIl'rr.issioner of Fublic \'JOrkSi \-7hic~ signs , 1

shall be in conformity \·!ith the specifications of the City or

Region. The Owner shall pay the City or Region for al~ traffic

devices as shm·;n on the approved engineering plans installed by

the ci ty c-r Region on all roads \'~ithin. or abutting the plan \,li thin

thirty days from the date of invoice by the City or Region.

Temporary street name signs shall be erected prior to issuance

of any building permits. All pernanent street na~e and traffic

signs shall be erected prior to occupancy of any homes in the

development ..

The O~'mer shall construct and install to the City. or

Regionfs specifications a street lighting systen along all roads

shown on·the plan to the satisfaction of the City Co~issioner.of

Public Works and the authority having jurisdiction over hydro

services. Street lights s~all be installed not later than two mont~

- after the first occupancy on each street. - -

The Owner .agrees that neither it nor any builder vTithin

the subdivision --yTill apply for or be entitled to receive any buildi!~

permits until the public road' on ,V'hich the buildings are to be

constructed and the public road providing access to the building sit

have been constructed coroplete "li th curb and gutter if required and.

all granular material required up to and including base course

asphalt. The Commissioner of Buildings and By-la,., Enforcement Ii:I.ay

issue building perlliits prior to completion of the base course

asphalt specified in this clause on the authorization of the City

Engineer. The O~"ner agrees that the City may '\v-ithhold building

perroits until any necessary application for water and/or ~ewer

- service-required by the Region is nade and the required charges as

la~d do'\'m by the P.egion have been pa~d and "later is available ..

Notwithstanding this clause, building permits ntay be issued for ~oce

homes at, the discretion of the Commissioner of Buildings and BY-la~/-'

Enforcement and the City Engineer.

,. ~ < -->

8

.1\3. ',:' I \~,

Prior to the application of the base course asphalt, the

Owner shall maintain, the gravel base in a safe and usable conditio gravel , .

for veh~cular traffic to the satisfaction of the City Engineer and I

'< ... - shall apply a binder from time to time as may be required by the \'

14 .. -

Com.'!:ence­ment of construc-

• tion

City Engineer to eliminate read dust on roads within the lands.

The Owner covenants and agrees that until assumption by the City,

i~ '.Till n:aintain and s,,,..eep all streets wi thin the subdivision t';r:i(

have received base course asphalt or top course asphalt and all

adjacent City streets which have been dirtied as a result of

operations within the development and keep them clear of dust,

- refuse,-rubbish and litter of all types '''hich in the opinion of

the City Engineer are a result of the building operations. Until

such time as the roads have been accepted for maintenance by the

City, the Ch-mer shall repair and/or s"Teep any such road\.;ay \-1ithin

twenty-four hours of receiving \'lritten notice from the City

Engineer. In the event such notice is not complied with within

the said t"lenty-four hour period, the City Engineer -may cause

such ,york to be done and the cost of so doing shall be paid by the

O\'mer to the City "rithin thirty days of the date of the invoice

from the City.

\

The Owner shall no~ commence construction ~f any of t~e

works required by this agreer.:ent until the detailed engineering a "1i

landscape plans and specifications of suc!! ~!Orks have been approve(

by the C~ ty COILU-r.issioner of Public Works ,!-nd the Corr..missioner of

Parks and Recreation, respectively, and such approval has been

signified by appropriate signatures on the original plans and spec~

fications but such signatures shall not absolve the O\·mer of the

responsibility fer errors and o~issions from such plans and specif:

cations as may be submitted by the O\'lner .. And further the O-vmer sha]

not co~~ence construction of any of the works required by this agrl

ment until the detailed landscape plans and specifications have

been approved by the Commissioner of Parks and Recreation and

':' .4 'c--< . ,'_ .. -.all, existing. trees on the plan ,have been surv~yeo and id'entifi~ct;

-~ ~7--...~~.""· l.

~ ....... -.... ------ ..... -

, and designated for removal or protection.

. . ~-

1, J, is.' l~,

i'!~lin": tenance of

16.

O~':ner in 'defaul·t

9

Ca) The O~~er shall ~aintain the underground works fer a

period of two years following preliminary approval of all unc1er-

ground ''iorks, or up to the time when the aboveground '-lorks have -~-

;-_. ~ J

p~ogressed to the completion of the base course of asphal~,

whichever occurs later.

(b) The Owner shall maintain all of the al:oveground ""larks

and shall ren~ain responsible for all lot grading 't~ntil such tir::e

as the City has finally-accepted ana assumed all responsibility

for the maintenance of the municipal services within the

s~bdivision. The ~vner shall be required to maintain the road

base course asphalt and curbs for a tvTO year period after which

it shall place top course asphalt and coroplete all outstanding

sodding,, __ side,\-7alks, "7alkways and any other ,,,ork not completed

at that time. Upon completion of all aboveground \'lork, the O':'mer

shall remain responsible fer the maintenance of aboveground service:

for one -to.ore year after ",,:hich the--City COIt'missioner of Public \'Torks

shall insp~ct and, if the work is found to be satisfactory, reco~~;

that these services be assumed by the City and/or Region and that tl

O~7ner be released from its obligations under this agreement. ~- -- ( :

'If, in the opinion of the City Commissioner of Public Wor}

the Owner is not executing or causing to be executed any works

required in connection \'Tith this agreer:ent within the specified tiIl'(

or in order that it may be completed \"lithin the specified time or i:

improperly performing the vlOrk, or shall t;.he Ov-mer neglect or

abandon such works before completion or unrea~onably delay the

same so that the conditions of this agreement are being violated,

or carelessly executed, or shall the Ot-mer neglect or refuse to renE

or-again perform such work as may be rejected by the City Co~missione

of Public Works as defective or unsuitable, or shall the O~ .. ner in any

manner, in the opinion of the said Co~missioner, ~ake default in

perfo~ance in the terms of this agree~~nt, then, in such case, th2

said Commissioner sh~ll nO,tify the, O\V'ner .in '.;riting of such defa~lt

or neglect anc if such default or neglect not be re~~died within

ten'clear days after such notice, then, in that case, the said

commissioner thereupon shall have full authority and power i~~edi­

ately to purchase such materials, tools and machinery and to e4:ploy

such workmen as in his opinion shall be required , ,':'. ::,;'~ '~~'~cf':'~::'''l'~~~~~~;~::f:;~:;::;;;~~:;''::'~~~;':;",~~~~~:;s~;;r~~~,7~~ ;:::~:iZ~i:~:~~~;;;;~:':::}~z~~~~Ef,,;ji~~~~~~~:;:::~~~:;;-~:~~~~~~

f' \ ."'"

10 for the proper cOr.!pletion of the said 'Horks at the cost and expense ,

, of the Owner. In cases of eMergencies, such work

may be done Y7ithout prior notice but the O .... ner shall be notifiec.

,.. forth~ .. Ji th. The cost of-such vTOrk -,:7if'1 be calculated by tl:e City , ,

Commissione'l:' of Public \'!orks, vlhose decision shall be final. It

is understood and agreed that such costs shall include a ~anageDen~

fee of fifteen per cent of the cost of the labour and materials _ 1-_L

work done at the direction of the said Co~missioner pursuant

to the provisions of this clause shall not be an assumption by the

City or Region of any liability in connection therev;ith nor a

release of the O~·mer from any of its obligations under this

agreerr.ent.

17. Prior to the registration of the plan, the Ot'lner shall

Existing submit to the City Engineer and City Co~missioner of Parks and and final elevations Recreation a plan or plans showing:

18.

Got and ~lock :rrading & ~rainage

(a) the existing and final elevations of th~.lands as

determined by reference to a geodetic henc~~ark or an

-established City of Brampton bencr~ark,

(b) -fina-l.=grades of all roads' as approved by the Ci.ty

-- -,--_. Engineer,--

(c) -----the-l-ands-designated-for .. -drainage ,-;rorks; and shall.

obtain apprdval of such elevations from the City

Engineer, and

(d) the-landscape grading_plans of parklands, boulevards r

and buffer areas.

The O~lner, during the terr.. of this agreeItlent r agrees

that it "dll be \ responsible for the drainage of all the lots ane!

-blocks ";,,i thin the plan and shall, on the sale of any lots or

blocks, reserve such rights as may be necessary to enable the

Owner or the City to enter for a period of three years from such

sale and undertake modifications to the surface drainage features

of the ,said lots- and blocks in accordance with the drainage

patterns proposed by this agree~~nt. It is further agreed that; ~

should drainage rectification become necessary in the absolute

discretion of' the City Engineer at any time during the term of

1 I I I

,. \ 1 \\, ~

19.

Undev­eloped blocks and lots

20.

Occu­pa.ncy nerr:d.ts

11

, this agreerr.ent and prior to the expiration of the right to enter

and the OWner fails to make such rectification when so instructe~ '. -

by the City Engineer, the City may, at its option, undertake \

• "f:~

t~~ ~G=rcction of such,dr-ainage situation and all costs thereof

shall be charged back to the Owner and shall include a

management fee of fifteen per cent of the cost of labour and

material. The O~vner agrees that neither it nor its successors

or'assigns will alter the grading or change the elevation or

contour of the land except in accordance with drainage plans

approved by the City Engineer.

The Owner shall drain and grade all lands to be

developed in accordance with the overall drainage plans ~olhich

are subject to the approval of the City Engineer. Prior to final

acceptance ,of the "7orks by the City, the O~mer shall carry out

continuous ~~intenance to the satisfaction of the City Engineer

on all vacant blocks and lots \oiithin built-\.\~ areas in the plan ..

Such maintenance will include weed control by annual spraying;

grass and weed cutting to maintain a height not exceeding six

inches; cleanliness of the block or lot by removal of debris

and maintenance of approved drainage through grading "lhen required

by the City -Engir..eer.,

The Owner covenants and agrees that neither it nor its

successors nor assigns shall permit the occupancy of any building 01

part thereof erected on the said lands until. the "basic services,r a~

required here-in (including private se~ ... age disposal systems, storm ,

se\'!ers, "late~ains, an approved \-7ater supply, base course asp~alt,

curbs and gutters and permanent street name signs) have been instal]

and approved by the City Commissioner of 'Public 'Harks and

the necessary occupancy per.mit as required by the City Building

By-law has been issued by the City commissioner of Buildings & By-I.

Enforce~ent. The Owner further covenants that i~ it, or any person

claiming title through it or under its authority, permits occupancy

of any d~..,elling prior to the acceptance of the roads by the City, it • . , !. :

shall at all times, maintain the,roa~s ~n_ a reasonable and clean anc

adequate fashion until such ti~e as the roads are completed and

accepted by the City. , ~

12

2,.1,<', , SideHalks, \'lalk",ays, boulevard sodd ing, and. tree ,

, ,':Comple.- planting shall be completee prior to the occu?2.ncy of any buil.ci ticn'o-e side\.;alks, except for buildings to. be occupied bet~.;een Noverr.ber 1st. cmd .. sodding, ~h etc. June 15th in any ye~r-in which case the side\'lalks r walkfays,

22.

Main­tenance of roads and snm.; plowing

23.

Expedi­tious com­pletion

boulevard sodding, and tree planting shall be completed by

June 30th following such occupancy. The City Engineer F.~y requi.

construction of sidelvalks and '·ialk\.;ays prior to the time specifi(

above \vhere the said sidewalks or \,:ra1k\vays are required to provic

safe passage to and from schools and other facilities~

The OWner covenants and agrees that if any person shou]

occupy a dwelling unit \voi thin the said plan of subdivision beforE

the road has been finally accepted by the City,· the City through

its servants, contractors or agents may provide and maintain prof

vehicular access and the City shall be deemed to have acted as ag

for the O\mer and shall not be deerr.ed in any ",ray to have accepted

the streets within the said plan of subdivision upon which such

work has been done. The O~'mer hereby acknm'iledges that if the -city by providing any access or removing any ice or snow under th,

_ provisions of this agreement, damages or interferes "lith the 'Work~ I . . '. ,of the O\mer ~or' causes any da.mage to such works, the Ot-mer hereby

!

waives· .. al'l claiP.'.s -'against the City that it might have arising

therefrom ana covenants that it ~ill make no claim against the

city for such inter~erence or damage provided such interference or

damage \vas not caused intentionally--or through gross negligence

on the part of the City, its servants, contractors or agents.

Subject to the conditions above, the City hereby agrees to providE

snow reIr'.oval cn any road upon \'Thich the base course has been -

completed and where occupancy of buildings so requires. To faci~j

tate this operation, all catch-basins must be asphalt r~ped; alJ

other services and appurtenances, including manholes, must be

installed flush "lith the base course, to_be raised at the time of

application of the final course of asphalt.

It is the intention of this agreerent that all works be

perf~~~~d-expeditiously and continuously; that all underground

services be installed within one year of the registration of

the plan and that all aboveground services be installed within

...

- .

. .,".;,,~?~tL;~.,~{;iZ0:t0;c.,r.""iccE.J.-C5;::::~~':::"'='~"'""'2d'.f€'"::,;~"i¥~-~-o'C;;,,,~2'0"'~,t>'f~~

, ! '

" ,

, , I"'"

13 -

two years of the date of registration of the plan, unless such

is e::~tended by the City CortI!'issioner of Public Works - Previae.:! th~

if, in the opinion of the said Co~missioner, the construqtion an~

installat,fon of some of the \-Torks"should be delayed, the saie: ~-

Corr~issioner may, by written notice, direct that such work be

delayed until the date specified in the notice.

24. The ~lner shall not remove top soil from any lands

soil within the plan except where required to be removed for building let ion

Lot .land­scaping

~ 6.

:arkland ipecifi­:a.tions

operations and, \vhen so rerr..oved, the top soil shall be stockpiled

and replaced upon the lands v7i thin the plan after the completion

of the building operations. In the event that there is a surplus

of top soil, it shall be offered to the City at no cost. Such

offer shall be- made to the City in 'Vlriting between I,lay 15th and

October lst- in any year and the City shall be re.quired within -

sixty days to re~ove the top soil or, after the expiry of the siJ:ty

days, the OWner shall be free to dispose of the top soil in its

sole discretion.

The Owner shall provide grass on the area of the lot from

the front of the house to the street line ~xcept for the portions

of that area which are taken up with driveway and trees. The­\ ,

o..mer shall provide and plant a minimum of one deciduous tree

(minimum t"10 and one-half inch caliper) on the boulevard for each

fifty feet- (50' 0") of boulevard within the subdivision and shall

provide and plant other trees as required in accordance l·,ith tee

parks specifications of the City of Brampton a~d as shm·:n on any _

landscape plan required under this agree~ent. Type and size of

tree to be submitted to the City for approval prior to planting.

The O\-mer shall maintain all trees for a one-year period frcIit the

date of planting and shall replace all trees failing to establish

a healthy growth "d thin that one-year period ..

In respect of all lands designated for parkland, buffer -- ,

strips and watercourse areas, the Owner agrees to-perform al~ work

in' accordance ,·Ti th the specifications of the -CitY' and'to the

satisfaction of the co~~issioner of Parks and Recreation and to the

satisfaction of the City Engineer.

, , , '

-< , , ,

27.

Fencing

28.

Park develop­ment

Tree protec­tion

30.

~rchi­:ectural :ontrol :ommit­:ee

14

It is understood and agreed that the O"'mer shall be

responsible for any improvements to lvatercourses deemed necessary

by the City or Conservation Authority to ensure pr~tection against

erosion a,long eJrlbankments. '"'- . ,- -- 1 ""'""'ti-'

All work required on watercourses ,·;i thin the plan shall.

be shown on the landscape plans and must be to the satisfaction

of the Director of Parks and Recreation, the City Engineer, and

the conservation authority where applicable.

The Owner agrees to construct and. fence to the current

City specifications all public l'lalkv!ays on the plan prior to the

sale of the abutting residential lots and all other fencing require

under this agreement or indicated on any landscape plan required

under this agreement in conjunction with the grading and sodding of

abutting lots.

The Owner shall drain, grade, top dress and sad all

lands ,·,hich are to be conveyed to the City for park purposes

except ... ·;here lands \·;ithin the plan have been designated by the

Director of-Parks and Recreation. to be left in their natural

state or finished __ to another_ standafd. Such grading and drainage - !

plans to baapproved by the City Engineer and ~he Director of

Parks and Recreation and to be completed in accordance with the

- 'City specifications.

All existing trees-to-be-retained must be fenced and

protected prior to any construction and no existing trees shall

be rerr.oved ,,.,i thout prior approval in '\'!riting from the City Parks

and Recreation Director.

The Owner and the City shall establish an "Architectural.

Control COJrl.mittee U, hereinafter called the "Committee", consisting

of three members. The Coromittee m~mbers shall be appointed as .

follows:

one merr.ber~ to' be appointed by 'the ~.,il~r;'·""'·>' -' - ..

. one ,rnexr.ber to he appointed by 'the Ci tf <c:-cotific.l.l;; "

(e) one,merrber to be appointed jointly by the ~~er and

the City, \-1hieb rnen:ber shall be an architect and a

member of the Ontario Association of Architects~

! S)

, . ' " '"",

'. ,

31.

Regional Services

32"

~:ydro services

~3 •

!inistry )f Natur­II P.e­;ources &

15

The architectural aspects of each building to be

erected v;i thin the land_s shall be approved by the CO!imtittee prior

to the issuance of a building permit for each such huildi~~. The . -:--(1 ';,

'OWner shall pay for all costs incurred by the Co~~ittee.

Approvals by the COrrtI!'ittee shall only be given when

concurred in by-at least two ree~hers of the Corr~ittee; one of

whom shall be the meF.~er appointed by the City Council.

OTHER APPROVALS

Prior to commencement of any works, the O\'mer shal.l.

enter into such agreeroents as may be required by : the Regional

Hunicipality of Peel \'lith respect to \-Tater distribution syste:r::'.s I'

wate~ains, sanitary sewage disposal, sanitary sewers, fire hydrant

and necessary valves and appurtenances to service the lands,

regional roads within or affected by the plan and.necessary

improvellents thereto, and other matters as the said' Region may

require. The Ci~y shall not issue any building permits until

provided with confirmation -from the Region that the agreenents

provided for by this clause have been entered into or other

satisfactory arrangements have been made.::

\ Prior to cornmence~~~t of any works, the OWner shal~

enter into such agreements as may be necessary with the proper

authority having j~isdiction over hydro services to the lanes r

with respect to electrical distribution systems and necessary

appurtenances to service the lands and such other matters

,including the pa~illent of levies as the said authority shall re~uire

providec. __ hm'lever, that the electrical distribution system shall

be underground. The City shall not be obligated to issue any

building permits until provided w'ith confirmation by the

authority that the agreements provided for by this clause have

been entered into or other satisfactory arrangements have been

made.

~ ~ . ,-" - ( \ .~ /'-~

The OWner shall comply w~th al1 of the requirernent~ of , '">~,#'- 1.,,~ 1. 1'",:_ .:: ~,:. t-,.{ .. <,· \'" '",.I r.- -

the l-iinistry of Natural Resources and the Conservation Authority

having jurisdiction which are set out in Schedule 'nt attachec

:onserva- hereto. :ion Autn- 0 ' , >

0t '. L_: •

~;~~~~~f.#.~~::~::~~~;~,:~~:6;±:'::~7;:;~;;'~~~:'~~=~:~~~~~::,:~,,=-~~~-=;:::::~~~~~~

34 ... , \ '

, " ... ",

S~ho91. ' s,ites

16 The Owner shall enter into agreements with the Peel

'Beard of Education and the Dufferin-Peel R0man Catholic Separate

School Board to enable the Boards to purchase tl~E: lands designated

as school si.tes; and the.., Ci ty shall t"not rf'!lea se the plarL f-c>r· -' :~ -'!,--'5...,-"., -----

35.

Taxes

C Levies

- .-'-.- .-' -::--

registration until provided 'vi th, confirmation. from the School.

Boards that the agreements required by this clause have been

entered into or that other arrangements satisfactory to the School

Boards have been made.

The' Owner agrees to pay all arrears of taxes outstanding

against the property \'lithin the plan before the execution of this

agreerrEnt by the City. The ~vner further undertakes and agrees

to pay--all taxes levied or to be levied on the said lands in

accordance with the last revised assessment roll entries until such

time as-the land has been assessed and entered on the Collectors'

Roll according to the plan. The O~V'ner agrees to pay municipal taxe:

for the full year in ' .... hich any transfer of lands '\.;'ithin the plan or

any part thereof takes place if such transfer results in the lands

- being exeITpt fro~ taxation for any part of that year unless the ~·I.

Ci,ty receives'-'grants' in lieu of the taxes which \-lculd othe~·Tise /-- '.

b~ payable~' ~he ~~ner also agrees that any local improvement , '

charges outstanding against the lands within the plan shall he

cOImr.uted for payment ~Jld paid. in full prior to the release for

registration.of_the plan by the City.

(a) The OyTner covenants and agrees to pay to the City u_e

levies set forth in Schedule rE r attached hereto in the na~~er an~

_____ at the--.ti1r.es--set forth in Schedule • E'... _

~he City levies required under this agre~rr.ent may be

changed from tiwe to time by resolution of th~ Council of the CLt~ (

this asree~ent earlier thar. two full calendar years from the \

.c: . o.!...

date upon l.;hich the City council passed its by-law authorizing

the execution of this agreeffiant. c'

, ,

/ '

, , I • .-'

37.

Insurance

17

The O~vner agrees that after the aforesaid bvo year _ .

perioc, any ,resolution of the City Council altering the aforesaiQ

lev-y sh~da.:l b'e""c.et=zred-:1tb-autcroatica-ily amend this agreement arid

the City agrees that copies of any such resolutions shall be r.ade

availa;:le to tl":e OHner upon request.

(b) The Owner covenants and agrees to pay to the Region,

the levies set forth in Schedule IFI attached hereto, in the

manner and at the times set forth in Schedule IF' and the OWner

further agrees that the policies set forth in Schedule IF'

shall be binding upon the Owner and the Owner further agrees

to comply with all the provisions of it.

The O\Vner shall insure against all loss or dar.tage:

or claims for loss or dar:\age "lith an insurance company

satisfactory t~ the City. Such policy or policies shall:

(a) be is!3ued in the joint names of the O'\'lner and the

City and the Region -(or include as additional insureds the

ci ~Y and The-Regi.on) ;

(b) -provide insurance coverage in respect of anyone

accident or occurance in the amount of at least $1,000,000.00,

exclusive of interest and costs i ---

(c) pe effective for the period of this agreement, including

the period of guaranteed maintenance;

Cd} contain a clause indicating that the insurance coverage

applies to hazard or damage fror.1 "completed operationstf;

(e) contain no exclusions for damage or loss from blasting

or from any o'b."1.er '\-lork that may be associated \'li th the

develop~ent and-construction of a subdivision; and

(f) ccnta;n a provision that the policy or policies will

not be changed or cancelled \'1i thout at ~east 30 days ~'lri tten

" ;!' "- ~'; ,! ro -:--, l'i'otice being given to the City. , ,. -I' ~~l-b ~I J.:'

" '

The O\'mer shall deposit ,.1i th the City' prior to 'registering

the plan a certified copy of the insurance policy or a certificat

of insurance in a form acceptable to the City.

. ,

38.

Bonding

18 If required by the City, the Ovmer shall prove to the

satis~action of the City that all premiums on such policy or

policies have been paid and that the insurance is in full force

and effect.

The O\'mer shall file a rene\val certificate 't·ji th t~e

City not later than one month before the expiry date of

any policy provided pursuant to this agreement, until

the City has indicated in 't'7ri ting that the policy need

not co~tinue in force any longer. In the event that such

rene'\'ial certificate is not received, the City shall be

entitled to either renew the policy at the expense of the

OWner or to order that all work on the lands within the plans

cease until the policy is renewed.

The issuance of such a policy of insurance shall not

be construed as relieving the Ot·mer from the responsibilitv

for ot.her or larger claims, if any, for '\>lhich it may be

held respons-ible.

(I) Prior to the registration of the plan, the Owne= - - ,I

sha~l-deposit as performance guarantee with the City a .

sufficient sum in t~~_forrn of a cash deposit, letter of cr~dit -

from a chartered--bank-I - or other _ negotiable security approved

by the City Treasurer, in the amount of 9ne hundred per cent

of the cost of all the works required-ry this agree~ent as

estimated by the City Corr.missioner of Public i-rorks i

(2) In lieu of the securities mentioned under

subparagraph {I} above, the ~'mer may deliver to the City

a performance bond issued by a surety or guarantee company

licensed by the Province of Ontario in an amount of one

hundred per cent (lOO%) of all \V'orks specified in this agreement e.s

estimated by the City Commissioner of Public Works and a cash

;' -'~' estimated cost, but not exceeding Ten Thousa~C;,'Dollars

($10, 000. 00) •

, , I '

' .. , '

'"

19

(3) Upon the failure by the Ot·mer to complete a specified pa

of the \-iork requested by the City Commissioner of Public l'~orks

'and in the tim~ requested, the C~ty Treasurer may at anv tL~e . -

, _ ....

aui:hu.cize the use of :aTl or part of the cash de?osit, letter

of credit or othe~ negotiable security as referred to in , subparagraphs (1) and (2) above :to pay the cost of any part of

the works the said Commissioner way deem necessary_

(4) Upon the failure by the Owner to complete the

works in the time or times as stipulated in this agreereent,

the City by resolution of council may direct

guarantee company 't-lhich issued the said bond to cO:4!?lete c.he

works.

(5) The City agrees to reduce from tirr.e to time the

amounts received as a cash deposit, letter of cFedit or other

negotiable' securi ty as ref~rred--to', in, subparag.=aph (1) hereof

by an amount equal to ninety per cent (90%) of the value of the ~c

co~pleted to the satisfaction of the City Corrmissioner of Public .. ,

.:~?rks upon receipt of a statutory declaration that all -- ~ Ie ~

'~ccounts relative to the installation of the co~?leted 'Harks , '. i ________ -.

have been paid. The remaining ten per cent (10%) for the l

_ '-' underground-services shall-be~retained by the City unti~

expiration of the maintenance period for the uncergrouna works

and acceptance cy the said Commissioner. Prior to the .

expiration of the repair and maintenance period herein in

respect of stOl:'rLt se\..rers, the City shal~, obtain a television

inspection of any of the sewers or parts thereof designated

by the said Cor~issioner and all defects disc10sed by such

inspection shall be remedied by the Ot~er at its o\~ expense_

'The cost of such inspection shall be paid by the,Owne~ to the

City within thirty days of the date of invoice from the City

in acdition to any other nayments provided for in this aareeme~t , t,-' "; . - r.... .'~""

~ ~ ~ ,"" _ ...... .",.... _ ~,," ,_ .... \ J:' ~ , '," r <' ..... J t, I .... ¥ 4 ~. :-. • • ,... J - •

The rero~ining ten per ~ent (lO%) for the abo~e gro~~~ ~ork shall ,. ~ X~{;t,.~ , ~:~,;:: •• ~

be retained bv the City until final acceptance of the subeivisic

works by the City Council.

-- <' ......

.1.' •

- • , .. , • ~.; ~r _ _ ~. - ,',',' - '(,

- ~ + .-- - - --

:; ~ .-- ~~. - __ ~~~-~':"!'t~4~_ -~:,.;::.:~Wf--f-~: ::'--::....: _-~~~~,.;~ -'~~-~~~;._..:-~-:::.::~~t::~~~::::-; ~ -, ;.-:- ;S,.;:~~~ -::~i;:z:.-i-k:!.";;::.?i.=:,.~ .. ~~~;- ~~~~~ ---.. ~ ;.::.,,-~.::- v --:

..... \

.. . ~ .

r , f.i : .• ~ -_

,

20

(6) Ca) Where a performance bond plus fi-ve per cent {5%}

cash deposit has-been received as per subparagraph (2) hereof

the City "1ill releas~ the original performance bond on

preliminary approY-al- of all the underground '-larks and receip t.

of the following documents:

(b)

(i) statutory declaration that all accounts

relative to the installation of the

underground works have been paid;

(ii) a maintenance bond for the underground \o;orks;

(iii) a performance bond for the aboveground ~~rks_

-The City will release the perforreance bond for the \

aboveground vlork upon preliminary approval of all. aboveground.

\'lorks and receipt of the following documents:

(i) a statutory declaration that all acco~ts

relative to-the installation of the abovegrour

works have been paid;

(ii) a maintenance bond for the aboveground v!orks_

-

(c) - The City 'ilil1 release the maintenance' bond for the

-underground '-larks upon final. appr.oval of the underground. 't:;ork

at the expiratio~ of the maintenance period. The maintenance

bond for the aboveground ,·,ork and five per cent {5%} cash·

deposit- ';1il1 be released upon final acceptance of the

.subdivision by Council at the expiration of the maintenance

period of the aboveground \o10rks ..

{7} 'Not"",ithstanding anything herein contained,. there

shall be no reduction in the principal amount of any suarantE

bond or other security where such reduction \o1ould result in the

said principal amount being less than the aggregate total of thE

estimatec cost as established by the City Corr~issioner of Publi(

"., ',- Works of works which have not yet been' accepted by· t'he City

as being completed and the Owner shall be required to supply

such details of completed and uncompleted works as are

required by the said Commissioner.

- ~-::" ~..,-"~\-::- :-_~t;:';'?::: - ~ ~ ¥ • ~.

, . , ,

'39 .. , I \.1 - - .. ~. '\ . :-- ~::q..n~-

s~ration

3ench ~~arks

21 The Owner shall pay to the City prior to the

-registration of the plan, in addition to normal permit fees i~

respect of administrative, planning, engineering and legal cos~:

incurred by the City-and the Region, an amourit equaL to fCl~ " " . per cent (4%) of the total cost of the works to a ~~i~~~ of

Three Thousand Five Hundred Dollars ($3,500.00) ",here the totaL

cost of the works is less than One Hundred Thouscn~ Dollars

($lOO,OOO.OO); three and a half per cent (3~%) to a maz~~

of Fi=teen 7hous~nd Dollars {$IS,OOO.OO} of t2~ CC5t c= t~~ -

\-lorks bet~veen One Hundred Thousand Doll.ars {$lOO,QOO.OO}

and Five Hundred Thousand Dollars ($500,OOO.OO); and thre=

per cent (3%) of the cost of the \V'orks in ezcess of Five

Huncred Thousand Dollars ($500 , 000.00). The mini~um charcre J

under this paragraph shall be Six Hundred Do~lars ($60Q_001~

All fees collected under this-section shall. be pro-rate~ het~e=:

the City and the Region in proportion to the estimated casts 0= the viorks for \',hich each of the City and the Regio:l. is.

responsible. In the' event that the total cost of the'tolorks

cannot be accurately determined prior to registratio~ of the plan r ,-

~- /,~-

,the Ovmer shall file with the City at the time of registration. of I'

"the plan a deposit based on the estimated cost of tee total works

as approved by the City com:missioner of Public ~'~orks and

that de?osit---shall. \pe adjusted by additional :?2.~ents or

refunds based on the actua:l----total cost o~ the ;.;or~ prio:=- to

the issuance of any building permits vTithin the plan_

':i'he O~mer shall use only approved. Ci tv r Region2.l or

H.T.C. first or second order bench marks £or establishincr . . ...

elevations tPToughout the development. Prior to- the ena of

maint8:lanCe period of the aboveground \'lOrks r the C.-mer I S

Surveyor shall establish one permanent secon~ order be~ch Eark

for the first 25 acres or less plus one benc~ ~ar~ for eve~~

addi tional 25 acres ,·rithin the RegistereC!. Plan_ Location. an.d

type of bench mark to be agreed upon het~'Teen the surveyor 2...Ttd

the City Engineer at the time the bench rnark(s) isCarel to be

established.

- ':: ::.--~ .-.~~,~~~- -

:::'~::-

IlL .. 1 \

. ?!:r:a! ' ~_CCe?t-

2.:1Ce 0=

-:...-orks

22

The performance by the Owner of his ob~igations .

under this agreement to the satisfaction of the Council of , "the City shall be a condi tion p.::~cedent to tP-E: final accept~r:..(

,.

of the works by the City. Prior to the final acceptance of

\o10rks by the City, the Ot.-mer shall furnish the City ''lit-'i-t:

el) a statutory declaration by or on behalf of the

r' • ) \.J..J..

-(iii)

Cv'-ner that the O~'m,er has pa.id all 2.ccm..:.~ ts

. are payable in connection '-lith -the installation

and maintenance of the ,·:orks and that there are no

out~tanding clai~s relating to the works;

a statement by a registered Ontario Land Su~veyor

that he has found or replaced all standar~ iron .

bars shown on the registered plan an~ has ba~red

the limits of all sewers a~d watermain ease~en~s

relative to the development of the lands at a

date not earlier than one month prior to .... ~ l..na

application by the OHner for final accepta.'"!.ce of

the \-lOrksi

further that he has placed ~ll bench marks as

required under Clause 40 and that he has provided

-the -City Engineer--'''i th the description of loca'!::ion.

and elevation of these bench marks_

(iv) one complete set of inked "as constructed"

originals or chronoflex reproductions of all ~-iOrks

including lot grading plans_

Until the final acceptance of all of the works

required by this agreement, ty resolution of the City

Council, the Owner shall indemnify the City and the Region

against all actions, causes of actions, suits, claiMs and

demands whatsoever which may arise either directly or

incirectly by reason of the 0\'Iner undertaking the plan.

" . . ' ,

42...

43.

Certi­ficate

44.

Copies of Plans

Land use and Signs

23

GENERAL

-At no. cost t.O the City or the Regio!!., the O~.;ne= , . \ - , .. - , " ... ~ ~

shall grant unto the City and the Region free of enc~-:1J.!:'2:::!ce

the lands, easesents and one-foot reserves as. required i~

Schedule 'e' for municipal purposes. The Cvine.= shall al.so

grant gratuitously such other easements as may be require~

for municipal and regional se~vices and for other necessary

-services, private utilities or for the const~ction of

electrical power lines and/or telephone systems to service the

lands. The executed deeds for all easements and lands to be

conveyed to the City and -the Region shall be lodged ~'lith the

City before the registration of the plan or any part thereof.

The Owner shall provide the City with a solicitor's

certificate that the lands to be conveyed to the City pursuant

to this agreerrent are free from encu~rance and that the Grantor

is the registered owner thereof.. The said certificate shall be

delivered to the City at the time of conveyance.

(a) Prior to release for registration by the City, the

Owner shall supply the CitY,eith eight (8) copies of the \

proposed final plan for verification as to compliance with

this agreement.

(b) Upon registration of the plan, the O,,'mer shall

supply the City with a duplicate original of the registered

plan and a minimum of eight C8} copies of the registered plan.

The City shall by by-law regulate the land use and

the building standards in all areas within the boundaries of

the lands affected by this agreement. The Owner shall post

signs on all lots and blocks, zoned or proposed to be zoned

for other than single-family detached or semi-detached

dwellings, the wording, size and location of such signs to be

approved by the Commissioner of Buildings and By-law

Enforcement.

24

'I ~6~ j , .. The Owner shall comply \-Ii th all of the provisions

'The' . , , , He,chan~cs '

of The Mechanics' Lien Act, R.S.O. 1970, Chapter 267, as

Lien ll.ct amended from time to time (herein called the "Act") and

- ,,:.:z sha·ll' held in his posses's,ion and in- a separate:,>a:ccount th~-i:.. '" 'T :'-';

47.

3'J-laws ..

statutory holdback and any additional amounts required by~

reason of notice of Mechanics' Lien rights. These funds

shall not be dispersed except in compliance ,·Ti th the Act.

The Owner shall be liable to the City and the Region for

any loss or damages suffered by the City and the Region by

reason of any failure, neglect or refusal by the Owner to

comply with the Act. The OWner shall inde~nify and hold

harmless the City and the Region from all actions, causes

of actions, suits, claims, demands and costs whatsoever

"Thich. may arise either directly or indirectly by reason

of any failure, neglect or refusal by the O~mer. to comply

,-Ii th the Act.

The City Treasurer may, at any time, authorize

the use of all or part of the cash deposit letter of

credit or other negotiable security referred to in Clause

38 of this agree~ent ,to reirr~urse the City and the Region

for any amounts ,·;hich the City and the Region may have

been required to pay by reason of the O~'mer' s failure to

comply "lith this Clause. The City shall not reduce the

cash deposit, letter of credit or ot~er negotiable

securi ty in accordance "lith Clause 38 of this agreement

until the City is satisfiee that all of the provisions

of the Act have been complied "lith.

l~ot~.;i thstanding any of the provisions of this

- r the O\'Tner, its successors ana assigns, shall be agree:rr.en -,

subject to all of the by-la'l,'ls of the City of Brampton

presently In force and all future by-laws insofar ,as such

future by-la'\.;s do not conflict \-1i th the terms of this

a.gre err.en t.

, . '4 0 ,'~' _"" . . . Ag~eelr.ent Binding

Govern­mental Agencies, etc. - Ir-for­mation

50.

Discre­tion of Municipal Engineer

51.

rovals

52.

Mortgagees

25 The Owner shall not call into question, directly or

indirectly in any proceedings \'lhatsoever, in 1m.,., or in equity

or before any administrative tribunal, the right of the City

and the Region to enter into this agree~ent and to enforce

each and every term, covenant and condition herein contained

and this agreement may be pleaded as an estoppel against the

OWner in any such proceeding.

The Owner shall provide at its own expense in all

sales offices used for the sale of lots or c1~·;elling units \'Tithin - ---

the plan and in all model horr.es constructed ,..-ithin the plan, a

conspicuous display area including a bulletin board to be used

for the purpose of permitting all governmental agencies,

including local boards, cOwuissions, and utilities, to display

at no cost any information considered relevant and of interest

to potential purchasers of lots or d~'ielling units \vi thin the

plan. This provision shall apply to all persons selling

either lots or d~-;elling units \'Ti thin the plan and the Owner

shall bring this clause to their attention by means of

attaching a copy of it to all agreerr€nts of purchase and

sale of all lots in the subdivision sold to such persons.

Wherever decisions are made "'ithin the meaning of

this agreement by the City Commissioner of Public ~'lorks I the

discretion of the said Co~~issioner shall be exercised

according to reasonable engineering standards.

l"Jhere under the terms of this agreenent, any

approvals are required to be given on behalf of the City

or the Region by the City Councilor Regional Councilor

any official of the City or Region, it is hereby ~nderstood

and agreed that such approvals will not be unreasonably or

arbitrarily withheld.

The llortgagees join herein to consent to the

53.

n,' Success­ors and Assigns

26

The covenants, agreements, conditions and . :. .. ,.

undertakings herein contained on the part of the Owner

shall run "lith the lands and shall be binding upon it

and upon its successors and assigns and shall be appurtenant

to the adjoining highway in the ownership of the City of

Brarnpton and/or the Region of Peel.

IN HITNESS lVI-2EREOF TEE PARTIES EERETO have

hereunto' affixed their corporate seals attested by

the hands of their proper officers duly authorized in

that behalf.

...... ' I I

DELZOR INVESTlAEtTTS LIMJ;TED

TITLE

TITLE

--------------------------------~--~TITLE

SIGNED, SEALED & IN THE P

DEI,IVEEED) OF: )

) )

) ) ) ) )

'-~~~~--~~~----) ) ) ) )

----~---~~-----) ) ) )

~--~~--~--~------) ) )

"- - ~ - --_.

PIETEO CEIARAVALLOTI

EMILIO CHIARAVALLOTI

GIOVANNI AGOZZINO

• > - ~ -",!;

, ":

AUTHORIZATION BY-LL:"J

, NUMBLR ,4,1- ?'i J ? ASSED BY CITY

It COUNCIL ON THE- 1/:/1·

_ DAY OF Au~~ .,.,. 19 ~ ~

~ -- -~ ---- ---- --- -'-.-.--~

AUTHORIZATlON BY-LAW

NUMBER •••••• 2.29..::: .. 2€..~ .. PASSED BY THE REGIONAL

COUNCIL ON THE ... ~7 n.I. .... _[,)_\Y_'''"'-_-~_~ _____ ' j A!f_~~

SIGNED, SEALED & DELIVEPED) IN TEE PRESEnCE OF: )

) )

-------------------------) )

) )

27

THE CORPORATION OF TEE CITY OF BRPol"PTOtT

RALPH A. EVERETT

V THE PEGIONJl.L NUNICIPALITY OF PEEL

I~ ACTING C'l//?/"R/77/9N

~~

TITLE

TITLE

TITLE

TITLE

JOANNF ROEER

~~ t/ IrrL~_D __ "I~.'_'~'_'_' __ ~==~ N. • Axler - President TITLE

, "

"

SCHEDULE 'A'

LEGAL DESCRIPTION OF THE LANDS

The land situated in the City of Brampton, in the

Regional Municipality of Peel (formerly in the Township

of Toronto Gore, in the County of Peel) being that part

of the west half of Lot 16, Concession 8, Northern

Division, designated as Parts 1, 2 and 3 on a reference

plan deposited in the Land Registry Office for the Land

Titles Division of Peel (No. 43) as number 43R-6'70l.

1.

" . , ..

~ ~ , ' .

Parkland

2.

Road Hidening

4 .

One Foot Reserves

SCHEDULE I C I

LANDS TO BE CONVEYED TO THE CITY OF BRAMPTON

Blocks A and C as shown on the plan.

Blocks-D, E and F for walkway purposes.

(a) 5.182 metres (17 feet) road widening along the 15th Sideroad as sho~Tn on the plan.

(b) 8.230 metres (27 feet) road widening along Goreway Drive as shown on the plan.

0.305 metre (1 foot) reserves to be dedicated along the reverse frontages of Lots adjacent to the 15th Sideroad and the hypotenuse of the visibility triangle of the road intersecting with 15th Sideroad, and at the dead end and open side of all road allowances shown on the plan •

.... .......... ~ f, ---

, .... , • ..,;.;t' 0" , f

;._~ -~:~-~:l':::.,~:,.,~:- ... _.; ~~_ ~- -r; ' .. , • ~:---~ .• ::- ":: .. : __ .. __ - .- _r.'" ........

_~ .. _< ._. 4

• • I •

, . ~ . , ,

1.

~:orks

l".ot Required

"J oJ.

Block B

4.

Drainage Report

5.

Lot 20

6.

Regional Health

7.

~linistry ::>f ~atural Resources

SCHEDULE 'D'

SPECIAL CLAUSES

A.LI things requ~,ree by Schedul.e '0' ,o;E this agreement, .-t::o "be completed, installed', constructee or provided, shall be-"""" c.eerr.ed to be ",orks "1ithin the meaning of this agreement and , --shall ,be undertaken and completed to the satisfaction of the -­City and the Region as the case may be in accordance with detailed plans and specifications approved by the City and the Region as the case may be and unless otherwise provided, shall be at the expense of the Owner.

The Owner shall not be required 'to construct sidewalks, sanitary sewers, curbs and gutters within the plan and wherever the term 'stor~ sewer system' is used in this agreement, this system may, at the option of the Municipal Engineer, include a combination of surface (open ditch) and enclosed pipes. Such systems shall be completely shown on the plans and specifications to be approved by the Municipal Engineer.

The provision of septic tanks shall not be works within the meaning of this agreement but this does not relieve the O~l7ner or successors and assigns from the provisions of paragraph 5 (b) of this agreement.

The Owner agrees to reserve Block B for future development in conjunction with abutting lands and the Owner fur~her agrees that no building permit shall be applied for by the OWner nor issued by the City with respect to Block B until such time as the abutting land is developed and a site plan for the proposed development of Block Band the 'abutting lands has been approved by the City and a site plan agreement satisfactory to the City has been entered into. This site plan agreement shall provide for the location of entrances to Goreway Drive.

The Owner shall provide a watercourse capacity and drainage report for the land included within the plan and adjacent lands and the OWner shall, at its own expense, carry out all of the recommendations contained within this report as may be approved by the City.

The Owner agrees that no building permit shall be applied for by the Owner nor issued by the City with respect to Lot 20 until such t~me as the Municipal Engineer has approved the access from Lot 20 to Goreway Drive and. if required by the Hunicipal Engineer the Owner has entered into an agreement with respect to this entrance.

(a) The OWner shall, prior to the release of the plan for registration, submit to and obtain the approval of the Medical Officer of Health and the City, a grading plan· setting out the re­location of the existing intermittent watercourse and improved surface drainage on Lots 4, 6, 9 and 10 shown on the plan. This grading plan, when approved by the Hedical .Officer of Health and the City, shall be included as part of the Engineering plans for the subdivision.

(b) The Owner shall carry out all regrading of Lots 4, 6, 9 and 10 in accordance with the approved grading plan. This work shall be completed to the satisfaction of the City and the r.1edical Officer of Eeal th prior to the sale of these lots or the' issuance of a certificate of approval to construct a sewage disposal system, whichever shall occur first.

The Owner shall, prior to the release of the plan for , registratron, -prepare, a" detailed 'engineering report acceptable to the Ministry of Natural Resources and the City which will:

;) . (a) provide a qualified assessment of any erosion or bank

stability problems in the subdivision together with any proposed remedial measures if required.

.. . , . " .... ' \ I

.C .A.

9.

Blocks A and C

10.

Boards of Edu­cation

11.

Approved Plans

SCHEDULE 'D'

Page 2

I

(b) describe the means whereby eros-ior. and siltation and -. 1-'-'

their effects are to be contained and minimized on the site both during and after construction period.

(c) that the Owner shall carry out all the recommendations shown in this report and approved by the 'City and the Ministry of Natural Resources.

The Owner agrees that no building permits shall be applied for by the Owner nor issued by the City with respect to Lots 1 to 4, both inclusive, 7, 8, 11 to 18, both inclusive, 20 and Block B until such time as the Metropolitan Toronto and Region Conservation Authority and the City has approved the site and grading plans for these lots.

The Owner shall not place fill of any kind in Blocks A and C without the prior written approval of the City an~ the Metropolitan Toronto and Region Conservation Authority.

The Owner shall include in all agreements of purchase and sale with respect to lots within the plan, a clause to the effect that the purchasers are aware and agree that children of residents of the subdivision will meet the school bus on roads presently in existence or at another place convenient to the Peel Board of Education and the Dufferin­Peel Roman Catholic Separate School Board.

The Owner shall construct, erect, prov~de and install all of the works referred to in this agreement to the satisfaction of the City and the Region ,in accordance with the approved plans and specifications for such works •

• '0.' . " . ~. '.~-

~-.--

~ .. ~;;:- . ~.."...-

... ~' '

1.

, ...

City levies

SClIEDULE ' E •

CITY LEVIES

- . . -_.-----

The ONner covenantz and. agrees_ to pay to th~ Ci:b..:.'"

the following development levies;

(a) the sum of $1,218 in respect: of each c1~;el~ing

-unit in a single family T semi-detached. oz:- to':·ln.ho-cs2-

building or any lflultiple residential. bui~c1ing not:

exceeding three storeys in height;

(b) the Stun of $1,037 in respect: of each d~ielli~_g

uni-t in a multiple residential. buil.ding exceedi.ng

three storeys in height but no't: exceeding five

storeys in height;

(e) the sum of $700 for each dHelling u~i·t. in a

mul-'ciple residentia.l building e:L:ceeaing five

sto:;:eys in height \'7nere fe-~·,er than cne-half of:

the total nutrber of d~·;elling units are bachel.o:c

or one~bedroorn apartments; ~nd

(dt- - the SUl'\t of $588 in respect of each a:~.;elling' unit

in a mUltiple residential buildi4g exceeding five

storeys in height- in ~hich ~ore tha~ one-half o~ ~ .

_the:~tota.l nur.-.ber of d\'lelling units are bachelo=

or--o!!e-bedroom-~apartments ~

The develo?se~t levies provided for hercin·sh~ll be paid at

the follo~.,inS' tkes:

(i) at the time of conveyance of each single fu..hlily

. or semi-de-tachec. lo·t, or the issua"-,,ce of a

building perIt".i t in respect of a ch·/elling unit i.n

a single-family or semi-detached building,

whichever is the sooner;

(ii) at the time of issuance of a building permit in

respect of each dWelling unit ot~er than a . . single-fa~ily or se~i-detached builcing_

.. - , . -

2.

Stabili­zation Levy

-2- SCHEDULE fE' Cont'd

The above 'development levies are effective 1st Janua~I 1974

and are to be adj usted ·t\·Tice yearly as of 1st February and.

1st August of each year in direct relationship to the

Composite Component of the Southam Construction Index (Ont~rio

Series) • Such adjustment 'viII be based on the Index last

available prior to 1st February and 1st August respectively

of each year.

Recognizing the tax impact of ne\.; development on the

taxes on existing properties in the City of Brampton, the Owner

agrees that in addition to all other levies pro~ided for b~ this

agreemen t the Owner ,·Iill pay to the City a levy \'7i th respect to

all residential units calculated as follows:

(i) ''lith respect to block townhouses or apartment

building~ th~ sum of six Hundred Dollars ($600.00) - -

for each residential uni't contained therein.

(ii) with respect "to street townhouses the sum of five

Hundred and Twenty-Five Dollars ($525.00) for each

residential unit contained therein.

(iii) with respect to single family or semi-detached

buildings and all other build,ings the sum of

Four Hundred and Fifty Dollars ($450.00) for

each residential unit contained thereinM

Such additional levies shall be paid '-lith respect to

all residential units contained in each building prior to the

issuance of a building permit.

The above.levy i~ ~ffe~tiv~ 1st January 1977 and is to

be adjusted twiGe,year1y a~, Q~ l~~ ~ebruary and 1st August of . _ .. ' .

each year in d-irect relationship to the Composite Component of .

the Southam Construction Index (Ontario Series>. ,such adjustment

will be based on the Index last available prior to 1st February

"

3.

." .. . . . " ..

.' . "

Road and Bridge Levy

-3- SCHEDULE 'E' Cont'o

In addition to all other payments and levies

provide~ for herein, the O\mer agrees to pay to the City fl

roac. and bridge improvement levy in the amount of 'n"o Hundred and f

,Sixty Dollars ($260.00) per unit for single family, semi-

detached and town house units and One Hundred and Sixty Dollars

($160.00) per unit for all other types of dwelling units.

These levies are to be increased or decreased in direct relation-

,ship to the Composite Component of the Southam Construction

Index (Ontario Series) with the base to be as of 15 January

1976 with review based on the latest Index reflecting construc-

tion costs as of January 15 of each y~ar while construction

on the land proceeds. The amount of each such levy shall be

fixed as at the time of payment of such levy in respect of the

use for l'Thich the said levy is paid.

These levies shall be paid as follows:

Ca) At the time of conveyance of each single family

or semi~de~acted .lot or the issuance of a building

permit, whichever is the sooner, in respect of a

dwelling unit in a single family or semi-detached \

building; and

(b) at the time of issuance of building permits in

respect of each e.,.;elling unit in other than a

single family or semi-detached building.

~iliere an arterial road runs through the lands

contained within the plan of subdivision, the Ow~er shall

construct t\'lO lanes to the arterial road in accordance ''lith

the City's specifications and the Ot-mer shall be entitled to

a credit'for the cost of the said construction against the

levies required by this paragraph. In the event that the

constr~ction performed exceeds the total amount of the levy

required ,from the. Owner, thep the Owner will be reiF.DUrsed

for the difference. ,

- '. -- , 0- • ~, -, ~EEL LOT LEVIES

1. Peel lot levi~ are as follows:

a)

b)

c)

apartments less than 750 feet

apartments and to'.,· houses having 750 to I/~.~IO square ff:et

single fan'dyl' semi-detached and all other apartments and townhouses and other forms of low-rise multiple residential units

......,. ~ .. _ ---l_'~' U J.J."-l Ii---------"' .. ----

. Base Contribution January 1, 19J.~_

$ 600.00 per unit.

$ 900.00 per unit

$1)300.00 permit

2. PeeIJot levies shall be adju" .;-1 twic:. yearly as of February 1st and August 1st . .

of each ye:::,: in direct relationship f·> the Composite Component of the Southam

Construction Jnd~x (Ontario Series); such adjustment to be r .. ::::';: " on the Index last

available prior to February 1st and August Ist, respectively, of each year.. (The

Southam Constructiof . : ;:cL;:: Ontario Series (Composite Section) Base 'at January 1st)

1974 is taken as 137 p9) ..

Such levies shall b .. paid at the same time 2.ild on the S<~·;·.e basis as the area

municipality levIes are paid and the area municipality is 2uthorized to coI!ect a

cheque payable to The Regional Municipality of Peel fer such Reglonal levies for

remittance to the Region wit~in ten (to) days of receipt of same.

3. Peel lot levies are subject t9 reduction provisions:

a) In the amount of,lO percent for sanitary sewe:-s 2.l~d 10 percent for water

where by prior agreement the developer has been exempted' from

payment of levies for 'that purpose.

OR

b) In the amount of 20 percent for sanitary sewers when the development

is outside the designated sewer servic~ area.

c) In the amount of 20 percent for water when the development is outside

the designated water service area.

.. .. ! I I.

I :' ~

____ . ____ .... __ ... ____ ~ .... _ _:r___--.... ,...--~ ... -.~-. ..... ~,._ .. ~ ....... _

I' , " "

, ~, II

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"

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"

, I'

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"

l~. The Peel lot levy policy may be changed from tune to time by resolutions of the Council of the Region of Peel, and any agreement 'entered into by the Region WIth respect to a subdivision or rezoning shall include a clause to bring into effect subsequent changes in the Peel lot levy policy provided that no such change shall take effect earlier than two full years after the elate upon whlch the relevant Area Municipal Council passed a by-law authorizing the execution of that agreement (76-334-28).

d !i ,: it

tl

I; l! II I,

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" " I' Ii ·r

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.. .

5.

) , . , ,

SCHEDULE IF'

To provide for the prov~s~on of water from the South Peel system, each lot or unit contained in this deve,lopm.ent shall be assessed a special levy in the amount of Two Thousand, Four Hundred and Fifty Dollars ($2,450.00) and the Owner shall provide a letter of credit to the satisfaction of the Regional Commissioner of Finance for the total amount of the special levy prior to regis:tra:tion. The extension of service:-is--=conditional -upon the Region being satisfied with respect to completion of agreements which would enable the entire works necessary to be financed.

The levy of Two Thousand, Four Hundred and Fifty Dollars $2,450.00) will be adJusted semi-annually, based cn the South~ Construction Index as referred to in Clause 2 of this Schedule, the base date being set as of 1st August, 1976 (337.9).

!'

DOMINION OF CANADA ) )

PROVINCE OF ONTARIO ) )

REGIONAL MUNICIPALITY OF PEEL ) )

TO WIT: )

WE, PIETRO CHIARAVALLOTI, EMILIO CHIARAVALLOTI, GIOVANNI AGOZZINO,

MARIO REAME and FERNANDO DE SANTIS, make oath and say as follows:

1. That we are the partners named in the within instrument.

2. That the within lands were acquired by us out of partnership

assets and have been held by us as a partnership asset since the date

of the acquisition of the said lands.

3.

4.

That no other person is associated with us in partnership.

That we are each of the full

SEVERALLY SWORN BEFORE me

at the City of Toronto, in

the Municipality of Metropolitan

Toronto, this G # day of

June, 1979.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

age of eighteen years.

~dcu~~ IETRO CHIARAVAL OTI

g;#7~ tfJt~?Yt EMILIO CHIARAVALLOTI

t ' ••• ,;J

·See footnote

·See f.)()tnote

Dye & Du,hom l,m,ted - Toronto, Conoda

AFFIDA VIT OF SUBSCRIBING WITNESS Form No. 347

1, ~i~ j.P~ olthe

V

- PI"}:;;:,/ c!(7~ _ ~-7 ~ j-~.

in the ~ cJif " f l

make oath and say:

I am a subscribing witness to the attached instrument and I was present and saw it executed

at by JOANNE ROHER.

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 ~ 4 ~ ~~~·4~·(~

MARCH. 1978

• If attorney see footnote

**:\ot a .!\flltl nnonlaI Home, etc see footnote

RI.· .... ident of Canada. ~t('

JUNE, 19 79.

A COMMISSIONER FOR TAKING AFFIDAVITS ETC

• Where a party IS unable to read the Instrument or where a party SIgns by making h.. mark or in foreign characters add "a/ter the instrument had been read to him and he appeared fully to understand It" Where executed under a power of attorney illsert "(name of attorney) as attorney for (name of party)", and for next clause substItute "I verily beheve that the person whose signature 1 wItnessed was authoTlzed to execute the rnstnlment as attorney for (name)".

AFFIDA VIT AS TO AGE AND SPOUSAL STATUS

I/'XR JOANNE ROHER,

of the

in the MUNICIPALITY OF METROPOLITAN TORONTO,

make oath and say: When I executed the attached instrument,

I/WlfX was at least eighteen years old.

Within the meaning of section 1(f) of The Family Law Reform Act, 1978:-

~X~XXXXXXX*¥~ (a) I was 1'--- of a spouse.

~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX~~X®~~X

At the time of the execution of the within instrument I was not a non resident of Canada within the meaning of Section 116 of The Income Tax Act.

<k:~~) SWORN be/ore!jir at the

.~ oj{ ~.<'() thisd g day of 79.

'Where affltlavit made hy attorney suhstitute· "When 1 exeouled Ihe attached tnstrument a. attome!1 for (name). hp/she u-ao (sl'ol('al statu'i and. t! apl'ltca.')lf', 1tame of 8pOltBe) with,1.1t the 1'Heantng of SectIOn l(f) of The Famtly I.AJ,UJ I~efoMtt. Act. 1978. and wlt,en h.e/t.ke executed the power of attorney. he/she h<ld attained the age of ",a)Of/tll",

" ,

'See footnote

Dye & Du,ham limited - To,on'o. Canada

AFFIDAVIT OF SURSCRm[N~ WITNESS Form No. 347

I, ~rtJT" L,. wm 57 ~

c~ 1 au,..,,~ ~~ .. ~ M~'''A ~ 1> M..

of the

in the

make oath and say:

I am a subscribing witne!>s to the attached imtrlllnent and I Wil'> present and saw it executed

at by FERNANDO DE SANTI S •

I verily believe that each per!>on whose signature I witnessed is the party of the same name referred to in the instrument.

7

SWORN before me at the CITY Or pR-l4-ttA f?'~tU

this ,'~day of 1979.

MARCH. 1978

• Ie attorney see footnote

out Inapp1ical,lc claU'lt.!)

*4:~llt a Y .. tll~f1()n;.'l JlfJlnt ••• tl

~I.C footll(}te

~A!4~fl!t'bJ ETC

• Where a party i. unable Ie> read the IIlslrumenl or where a party sIgns bV makmg his mark Or in foreign characlers add "after the in..trumen! had been read ta him and he appeared fully 10 understand .t". \Vherl' executed under a power of attorney insert "(name of attome-I) (IS attorney for (""me of parly)"; and for next clause substitute "/ "cri/" he/ieee that the person wllOse 3ignature I w.tnesfed wa. authonzed to cxecute the IIlstrument as attorney for (name)".

AFFIDAVIT AS TO AGE AND SPOUSAL STATUS

I~~ FER~ANDO DE SANTIS,

of the TOWN OF VAUGHAN,

in the REGIONAL MUNICIPALITY OF YORK,

make oath and say: When I executed the attached instrument,

was at least eighteen years old.

Within the meaning 0/ section 1(/) 0/ The Family Law Reform Act, 1978:-

~XX:Q\:XXXXXXX~'G'eX Ca) I was a spouse. The property has never been occupied by

~X~~~XX~~~ myself and/or my spouse as our matrimonial home.

~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX~OC~~~X~X

At the time of the execution of the within instrument, I was not a non resident of Canada within the meaning of Section 116 of The Income Tax Act.

I! ...... dent of C;'tlt.ld.l. ttc

CA=-:1~~;:" ~ this" d3y 0 JUNE, 19 79.

·\Vhf!! t! .t(fu!.tvit mnd~ hy attorn~y "IlIh ... tlt\lt~: to U'hl!u 1 ereruted IhR atturh"tl tn'ftn,mp1ft a'f attoNtr', lor (JHlm~). hp/MHf It a"l ('fl)O",'~u.l ."ttutl''t und. "up/I/,caMp. 1'l(&"'e 0/ '1J'()"iiff) 11 tthlll the mnllU,I/1 0/ Se('tum 1(1) 0/ 'i'hlf funttl'l/~aw J~efo.,.rn ... let. 1918. antllt,.ltintltd/sh8 , r"ru',...d th~ JIO" fir of attorn"'I. bp/'ihe hnd (t'f(ul't~(l th" (1,(11' of 1IIaj()rrt',··.

"

,; /' ", .... -;1 "

I -V'" It ' . , <~,,.

• i I I

·See footnote

·See footnote

Dye & Durham llmlfed - Toron'o, Canada

AFFIDAVIT OF SUBSCRIBING WITNESS Form No. 347

I,

of the

in the

make oath and say:

I am a subscribing witness to the attached mstmment and I was present and saw it executed

at by MARIO REAME.

I venly 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 G tTY or p£-fHt{pn;tJ

this b lr"day of JUNE, 19 79 •

MARCH. 1978

• If attorney see footnote

out inapplicable clauses.

.·Not a !otlatllmonial Home. etc see footnote

Resident of Canada. etc.

• Where a party IS unable to read the Instrument or where a party sIgns by makmg hIS mark or an foreign characters add "after the Instrument had been read to him and he appeared fully to understand It". \Vhere executed under a power of attorney msert "(name of attorney) (IS attorney for (name of party)", and for next clause substitute "I verily bellece that the person whose ,;gna~ure 1 witnessed was authOrized to execute the Instrument as attorney for (name)".

AFFIDAVIT AS TO AGE AND SPOUSAL STATUS

I1~ MARIO REAME,

of the TOWN OF VAUGHAN,

in the REGIONAL MUNICIPALITY OF YORK,

make oath and say: When I executed the attached instrument,

lImB{ was at least eighteen years old.

Within the meaning 0/ section 1(f) 0/ The Family Law Reform Act, 1978.-

lQXXK~XXXXXXXXijlXIlUCX (a) I was a spouse. The property has never been occupied by

~x~~*X~~~MXX myself and/or my spouse as our matrimonial home.

~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXK~

At the time of the execution of the within instrument I was not a non resident of Canada within the meaning of Section 116 of The Income Tax Act.

19 79.

·Where nffulavlt made hy attorney suh~tJtute. HlVhen I et:ecuted the attached in . ..,trument a.'I atioMiP" for (name). he/she IIaot ('IPO/lqn,l .Iatus and. If applicable. name of spou.e) ,mth", the ",e" .. ing of SectIOn 1(f) of 7'he FamIly Law Reform ,tet. 1978. and when h_/sh. "r,ecuted the power of attorney, he/she had attaIned the aqe of maJority·'.

. f.- \r.l~.""

" ! \/.., ,<;1 ~ ,~

, ~l~. :

" , J

·See footnote

·See footnote

Dye & .Durham limited - Toronto, Canada

AFFIDAVIT OF SUBSCRIBING WITNESS Form No. 347

I,

of the

in the

and say:

I am a subscribing witness to the attached instrument and I was present and saw it executed

"B~A4U~ vdiL at THE CITY OF '. N, ii, by GIOVANNI AGOZZINO.

I venly 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 m:JUICIPMiIYY OF MEYROPOLIIAN "1lQR,gN'J:Q R,.e-,ltJAJIl-'L M/"wICI/J/fLIr}' drAk:!...

this ?~Hay of JUNE, 19 79 •

MARCH. 1978

• If attorney see footnote

out .cable

clauses.

.ONot a l\lalt lmonlal Home. elL. see footnote.

Rcsulent of Canatia. etc,

• \Vhere a party IS unable to read the Instrument or where a party Slg'" b!/ making his mark or In foreign characters add "nfter the instrument had been read to him and he appeared full!/ to understand ,t" Where executed under a power 0/ attorney " .. ert "(name of attorney) as attorney for (name of party)"', and for next clause substitute "I "enl" bel,eve that the person whose 8lgnaft"e I wttnessed was authorazed to execute the Instrument as attorney for (name)".

AFFIDAVIT AS TO AGE AND SPOUSAL STATUS

I1~ GIOVANNI AGOZZINO,

of the CITY OF TORONTO,

in the MUNICIPALITY OF METROPOLITAN TORONTO,

make oath and say: When I executed the attached instrument,

I1*:IDC was at least eighteen years old.

Within the meaning of section 1(1) of The Family Law Reform Act, 1978:-

~x~~~xxxxxx~~x (a) I was a spouse. The property has never been occupied by

~X~~~~~~ myself and/or my spouse as our matrimonial horne.

~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX~~~~

At the time of the execution of the within instrument I was not a non resident of Canada within the meaning of Section 116 of The Income Tax Act.

V ~ (~X) SWORN before me at the CITY OF ~iJMf1;.... ~e 'AU,a., Hi "filE HgwHilIPi't:&I~¥ QF

Hii:'iPRQP8fJI'i'JIrlf 'l'8ft8n'fe> r~

this ,-ct- day of JUNE, 19 79.

·\Vhere a idav y attorney suhstltute' "lYlr.en I e:rP(·tLled the attarhed tllstntment aH attornpfl/oT (name). hp/'lhe U'a~ (91)Oltlud slatu. an " aJ!pitrahlp. nallle of spouse) withm tltp 7rlpan,ng of Serl",,, I(f) of 7'lte Fam.ly J.aw Ueform Act, 1978, anti when he/she e:recuted the 1wwer 0/ attorney. he/she had attatrled the age of IHGjOTltU".

·Se~ footnote

·Se" footnote

Dye & Durham Limited - Toronto, Canoda

AFFIDAVIT OF SUBSCRIBING WITNESS Form No. 347

1, t- . W lZ e 5 rt::.7C.

~~1M' of the

in the

make oath and say:

1 am a subscribing witness to the attached instrument and I was present and saw it executed

B~PmAJ '-'&C-. at THE CITY OF ~ ~ - by EMILIO CHIARAVALLOTI.

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 CITY OF IJ?ORO!Joagg" ;: ::: IifmtIe!!:MJ!~ Sf' fH3'fRSPSfJ!'f~rn. 'lI6R8UIJ?E), g (21rM vm this j ft day of JUNE, 19 79.

~~

MA~CH. 1978

• If attorney see footnote

··Not a Malllfnon 1~t1 Jiome. ok hee footnote.

Reo,dent of Canada. etc

A COMMISSIONER FOR TAKING AFFIDAVITS ETC

• Where a party IS unable to read the anstrument or where a party sign. by making his mark or in foreign characters add "after the instrument had been read to h,m and he appeared fully to understand ,t". Where executed under a power of attorney lIl.ert "(name of atton>ey) as attorney for (name of party)", and for next clause substitute "I (,enly hel,eve that the person whose signature I witnessed was authanzed to execute the instrument as attorney for (name)".

AFFIDAVIT AS TO AGE AND SPOUSAL STATUS

I1"XK EMILIO CHIARAVALLOTI,

of the CITY OF TORONTO,

in the MUNICIPALITY OF METROPOLITAN TORONTO,

make oath and say: When I executed the attached instrument,

was at least eighteen years old.

Within the meaning of section 1(f) of The Family Law Reform Act, 1978:-

xKXXmfXXXXXXX}e-)fR**X (a) I was a spouse. The property has never been occupied by

~X~~KM~~~X myself and/or my spouse as our matrimonial home.

~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX}ffllXWX~K'X·X

At the time of the execution of the within instrument I was not a non resident of Canada within the meaning of Section 116 of The Income Tax Act.

V~­t5(J,~JU

(~xX> SWORN before me at the CITY OF 'PORON'Hl, IN 'iPIIB m:JN]ig!PAI5!'1'J .... ~F ~9i':RQPQ"i9i'~t Q?QRQW'l'Q ,VtSil-

this 6fl:day of JUNE, 19 79. ~lIj6 f%t~k~!oO::

EMILIO CHIARAVALLOTI

·Wher'e arfldnvit mnd~ hy attorney suh~t&tute' U JV/tpn I execu.ted the atfachf'd in<;Jtnnnent a.'J attornp'J lor (name). he/rthe lI'a:~ (s/>o/t.'ml s/atuN and .• f applIcable. name of spo".e) IVlthlll Ihe mpant1lU of SerllOn I(f) of The FamIly Law Refor", Act. 19T8. and when he/she executed the power of attorney. he/she had attu&neci the age of maJorll,!"'.

·See footnote

·See footnote

Dye & Durham lImIted - Toronto, Canada

AFFIDAVIT OF SUBSCRIBING WITNESS Form No 347

I, KK'VT /.... w/Ces"-{;~

~~~~ of the

in the

make oath and say:

I am a subscribing witness to the attached in~trtlment and I was present and saw it executed

~A-"'PTl>rJ at THE CITY OF ~eWfe-, by PIETRO CHIARAVALLOTI.

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 CITY OF i'8Re!TtGO, Hi 'filS IUftffCIPJ'!1"b!!'¥ SF IIBWRQPQI.]TM 'P8R8U'P8, BlblTfU Pro AJ

this &' d day of JUNE, 9.

MARCH. 1978

• If attorney see footnote

··Not a )latiunonwI Home. etc. bee footnote.

Resitlent of Canada. etc.

~~~ A COMMISSIONER FOR TAKING AFFIDAVITS, ETC

• Where a party IS unable to read the tnstrument or where a party s.glls by making his mark or in foreign characters add "afte, the instrument had been read to hIm and he appeared fully to understand .t" 'Vhere executed under a power 0/ attorney IlIsert "(name 01 attorney) as attorney for (name 0/ party),,; and lor Ilext clal.se substltute "I LeTlly lJelleve that the person whose SIgnature I wItnessed was authonzed to execute the m.tmment as attorney for (name)".

AFFIDAVIT AS TO AGE AND SPOUSAL STATUS

I~ PIETRO CHIARAVALLOTI,

of the CITY OF TORONTO,

in the MUNICIPALITY OF METROPOLITAN TORONTO,

make oath and say: When I executed the attached instrument,

was at least eighteen years old.

Within the meaning of section 1 (f) of The Family Law Reform Act, 1978:-

XO{xxxX;xxxxxxx»x~~x (a) I was a spouse. The property has never been occupied by

~X~~~KOO~X~~OC~~NX myself and/or my spouse as our matrimonial home.

X¥XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX~XMXM*~KX

At the time of the execution of the within instrument I was not a non resident of Canada within the meaning of Section 116 of The Income Tax Act.

~x) SWORN before me at the CITY OF 'l8~8NSf8, Hi Sf lIB U\»IJiQIPiMsIWll QF J~W~Q~QTTTnN TQRQW~Q, Ii4tP~fk ETROIARAVALLOTI

this" -rt- day of JUNE, 19 79.

*Where nffidavlt ma(le hy attorne) suhstitute. fllVhen 1 execu,tf'd the aUachf'd lustnt.ment as attornel/ for (name). he/she 1fa~ (spousal statu .. a~!(l. If QPpllcahle. name of spouse) lltthln the meanIng of SfJritOn l(j) of The ranuly [Jaw Reform Act. 197H. and when he/she executed the power 0/ attorney. hehh. had attumed the age of "'''JQrlty''.

.' "

235564 I , No.

Received in the Office of land Titles at Brampton af

l\j S\)-AI'-1 on ther9Jvday of..4Q..pf19 '\ q and enterea in

Parcel I \D- L IG- ~ . llo-j Section l.l"\ ,lOr GOi'~ -~ ID ~

~:':':i"r ~~~ Land !Registrar

l:t\'rED: ~BIAG:lAST L'j7~

DELZOR INVEST~ENTS LIMITED, LABl\NI'I'SA DEVELOPMEN'l'S LINI'l'ED, PIETRO CIIIARl\ Vl\JJLOTI, E:tvlILIO CHIARAVALLO'I'I, GIOVANNI AGOZZINO, !I'lARIO RJ?~AHE and FERNANDO DeSANTIS

AND

THE CORPO}~TION OF THE CITY OF B~lPTON

AND

THE REGIONAL MCNICIPALITY OF PEEL

AND

-T:J-P.B-AN-&---e6BNT-RY-f)-IWEfJ6P-MENTS­~L-I-HI-TED, 6-hAB¥'-B- ~EfrI-Z-AB-E-T-H--B0-gGHE-N , -F-RAN-K-r:m-V-lN-E-IiIMITED, JOAPNE FOHER, HYLENlj..X INVESTHENTS LIMITED, ' -GE0-RGE-S-HM-I-G-E-ITS-K-Y -arrd-a:0-AN­SHM~GE-L&K¥-

A G R E E MEN T

JOHN G. ME'rnAS, CITY SOLICITOR, CITY OF BRAMPTON, 24 QUEEN STREET EAST, B RAMPT ON , ONTARIO. L6V 1A4

.i '\ : ~

I .,

, ;

,,0',

.'

'I.

"

PASSED _----'-'A=ugo<...,;u;;,.:.s...;;.t....;7....;t....;h ___ 19 79

BY-LAW

No. 201-79

A By-law to authorize the execution of an Agreement between Delzor Investments Limited, LaBanitsa Developments Limited, Pietro Chiaravalloti, Emilo Chiaravalloti, Giovanni Agozzino~ Mario Reame, Fernando Desantis, The Corporation of the City of Brampton, the Regional Municipality of Peel, Joanne Roher and Mylenax Investments Limited.

of the City of Brampton

J