/ , . THE CORPORATION OF THE CITY OF BRAMPTON

BY-LAW 258-78 Number ____________________ _

A By-law to authorize the execution of an Agreement between Canadian Imperial Bank of Commerce and National Trust Company Limited and The Corporation of the City of Brampton.

The Council of the Corporation of the City of Brampton

ENACTS AS follows:

1. That the Mayor and the Clerk are hereby

authorized to execute an agreement between

Canadian Imperial Bank of Commerce and National

Trust company- Limited and The Corporation of

the City of Brampton,. attached hereto as Schedu"le "A".

READ a FIRST, SECOND and THIRD TIME and PASSED In Open

Council this 23rd day of october, 1978.

Archdekin, Mayor

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( ( , :·~~:~·~i~~~x~~:" Part Lot 6, Conc:~ 2,:"EES

J.iEMO~lDUM OF AGRE&-ID.'"T made in duplicate this 19th

day of October , 1978.

BETWEEN:

AND

CANADU..N IMPERIAL BANK OF CO~1MERCE and

NATIONAL TRUST COMPANY LIl-IlTED

hereinafter called 'the OWner'

OF ~ FIRST PAR~' . - . ..

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':fE:F: CORPORATION OF THE CITY OF Bru;MJ?TON

hereinafter called 'the City"

OF THE SECOND PART

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"i\1HEREllS the C'"wner warrants that it is t..l).e owner of .

the lands' more---particularly described in Schedule • A I annexed

hereto .{here~ called "the lands"} and further warrants that

there are· no. mortgagees on the :Lanc;s ~

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- -AND- ~'fflEP.EAS the Owner wishes to redeve1ap the land'

'. . . and the City is-of the opinion that suCh redevelopmentwou1d

~- . -. - - -. not be p:roper-.and. in the- public interest unless assurances- :'. - ...

are given bY the OWner that the matters and things referred

to in this-agreelI'.ent 'Wil~ be done in the p.anner hereinafter

set forth;

NOW TBERE~ORE THIS AGR-;::P,MENT ~'"ESSET:a: that. in

consideration of the covenants hereinafter contained and in

consideration of the City taking the necessary steps to rezone

the lands g the parties hereto agree each with the other as .fo11ows:

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Site Plan

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Commis­sioner of

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Ingress E.. Egress.

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F.ccess

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The lands~shal~ be developed only in accordance with

the site plan annexed hereto as, Schedule 'B' to this agree~ent.

ENGINEERING, BUILDING AND LANDSCAPTIIG REQUIP-EM.....~S

For the purposes of this agreement, ·commissioner of

Public Works~ shal.l mean with respect to al~ sanita:r:y sewer and

water services- and regional roads. and stonn drainage on regi.on~

roads and anY,other regiona1 matter the commissi.oner of Publ.i.c,

Works fa:!: ~he Regional. Municipality of Pee~ a:nd wi.th respect to

al~ other--matters contained in this agreement sha11 mean the

Ccmmiss,ioner of Public Works for the Ci.ty of Brampton ..

-The 'Owner shaJ.l. restrict the means of vehicular ingress

and_egress t~those locations indicated on Schedule 'B'. A1~

raznps, driveways and' parking areas used in conjUnction- therew.ith

shall be asphalted and constructed in accordance wi.th sound.

engineering practice and to the satisfaction of the City Comm~ssio~

of Public Works ,ana this work shall. be completed before occupancy

of any -new part of the building is permitted by the Q-'ri"ner. ~e sa:

~~ds shall. be graded in a proper'workmanlD~e manner and sha~ be . ,

maintained _in a clean state subject only to the necess~ construe \ ..,

conditions nom time--to-, time~ - --

'-:,- The Ow-ner sha11 use only such' locations for access for

construction purposes as the' co~ssioner of Publ.ic viorks may __ '-

-' approve.

During construction, the Owner agrees to employ and keep

employed a sufficient number of sweepers or workmen or use su~h

means as may be necessary to keep the adjacent pavement and

sidewalks in a clean condition w~d free fro~ earth and mud~ The

commissioner of Public Works may give the o-...mer t~-1enty-four hours

notice to remove and clean up any earth and mud. ~ro: such pavement

and sidewalks and. in default the said commissioner ttay causa suCh

work to be done either by the Hunicipal.ity· s O~ equipment and

employees or by an independent contractor and the cost thereof '

shall be paid by the Owner forthwith upon being invoiced therefore

by the Co:mmissioner.. -':':" :,-, : '-:~"':- -~ , , .. , ,- , '

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Land­?ing. ':l.S

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The OWner will be responsible for any damage caused

to the roadways, curbs', pavements, boulevards or plantings

thereon caused by the-construction carried out on the O'..me:c:::' s -.

site by the ~Hner, its agents, servants, employees, subcontractors

or material suppliers o·

The fina~' grade- of the lands shall be so fix~ to the

satisfaction of the Commissioner of Public Works that the surface

water originating on or tributary to the said J.ands v incl.udiD.g the

roof water from the buildings v will be discharged in'to the trunk

sewer system of the,City in a manner satisfactory to the said

Commissioner 0 A .. system of storm- ''later- se~e:::s. shall l::e insta1.1ed

by the-OWner to t~ satisfaction of the said Co~ssioner and the

City Commissioner of Building~ Zoning and Licensing and shal.l. be

connected to the trunk sewer system of the City, at a point on an "'.

access road adjacen~ to the property as designated by the said

Commissioner of PubLic Works.

Detailea'gradin~, building and landscaping'plans for the . - ~ .

buildings. and lands wil~ be filed by the fr..;ner and... be subjact to

the appro~al_of~the City Engineer, the commissioner of Parks and

Recreation # and the Commissioner of Building, Zoning and Licensing . -

prior to the issuance of an~ build ins permits. The l.andsc:aping' ''--' .. " '

plans shal~, .:L"-lclude landscaping for the portion of the -boul.evard "

on all: high-ways- abutting the lands shown on Schedule 'B- which-,' -' -

subject-to ·-the approv2'l of the City, shal:L be landscaped by the, ':

OW~er at hia,expense in conjunction with the landscaping of

the balance of the lands sho~m on Schedule 'B'. The frlo'1ner sha~~ .

sod and landscape-the lands as shown on the landscape plan to be

filed with the City to the satisfaction of the Co~~ssioner of

Park& and Recreation. All incidental matters, including the

removal and pla~ting of trees~ cutting, repaving and instal~ing

approaches, relocating utilities, pipes, poles~ v~lves and

equipment~ resetting. drains and Inanh?les, arid all. other things

required by this agreereent or by the City Engineer shalL be carried

out by the OWner at its own risk and expense, provided al~ work is

to be done to the satisfaction of the owner of the utilities. ,

Without limiting_ the generality, of the foregoing, ,th~ 'o...mer ~::::\,~C'~,~" ':,', ... _~. -~ I _....." '_~'" _vI. --. ~ ". _~___ or ,,,-,,-~ _ .. :-~-.... ..,. .. e-r"~_, _ - ......... ']: • ./' • .;, -"~~"'::;:;:-t'"";;.":":p.~' • ..: ,'/'_",-'

C'ovpn an t!'; for it se 1 f-:""':it's';, stlccessors 'and ~'ag'si'cnlS'~·that" if"' :1;11; ,,"'-'01 ;;";;',{"':J:':.:~S~';""'i'011J:'>~1:[4>;:tl:f~~~''B~"l::':;:'i>

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':egional :ervices

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vdro ~rvices

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preserve and maintain the plantings _ as- shO"..m on the landscape

plan. All. existing trees to be retained (as sho-...m. on the

landscape'p~~) shal~ b~~fenced and protected during constract~on_

No existing trees other than those presently approved for remnva~ . .

in acc~rdance with the- landscaping plan shall he removed without

prior written approval of the City Commissioner of Parks and

Recreation.. The Owner agrees that all l.andscaping, in acco:z::danc-e

with the approvea landscaping p~an. shal1 be completed within '

twelve-months~~fol.lowing:, the issuing, of a building. pe:z:mi-c- for the

bullding shown on Schedule "B ~ • The O"..mer agrees that all

landscaping shaI~ be- maintained in accordance with goott

h~rticultura~ practice.

The OWner shall fence the boundcu:y o:f the lands on'

Schedule 'Bo as anfr'where required by the commissioner of Parks and

Recreation -anfr'-l.ocation and type- of fencing., sha:t:t be indi.cated on

the landscaping, p~ans to. be approved, by the said Co!!lm.iss.ioner and

al.~ fencing-sha11.- be-completed: within the time set for compJ.e'tion

.of the landscaping except that where dee~d necessary by the City,

fencing can' be--required prior to occupancy_

OTHER. ]\..PPROVALS. ~ - - . -.

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Prior, to c~.encement of any works., the Owner shall en-'-~r

into such.. agreeIr.ents. as may be necessary, with The Regionai.

Municipality of'Pee~ with respe~t to water distribution systems,

watermains~ sanitary sewage disposalr sanitarJ sewers~ fire '

hydrants and necessary valves and appurtenances, to service the

lands, regional 'roads within or affected by the plan and necess~

improvements thereto, and other matters as the said Region may

require 0 The City shall not issue any building permits unti~

provided with confirmatiqn from the Region that the agreements

provided for by this clause have been entered into or other

satisfactory arrangements have been made.

Prior to C01l'lr.encement of any' works, the Owner shal~ enter

into such agreements as may be necessary with the proper authority

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having jurisdiction over hydro service to the lands; and

necessary appurtenances to service the lands and such other matters

as the said authority shall require. c:- The City sha1.l. not be

obligated to iss~e any building permits until provided with

confirmation by the authority that the agreements provided for hy

this clause have been entered intG or other satisfacto~

arrangereent~hava been madeo .' • I ". ~

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:_ 2. The ~"7ler shall pay to- the City. prior to the issuanca

---ck-tini­:;tration :'ees

of a building permit in addition to no~al permit fees in re~pect

of administrative" plan.?ling, engineering and legal costs incurred:

by the Ci.ty and the Region.. an amount of Six Hu.'l'lCred Dol.1ars

($600.00). -A1~ fees collected under this-section shall be

pro-rat~d-between the"City-and the Region_ '\

The OWner agrees" that all municipal. ta."'.{es in arrears-

-and current--taxes _ -for which a bill has been issued shall be- paid

in full-before-execution-of this agreement by The Corporation of

the City_of-Bramp~on. '-

- -c_ ~ 0 The- Owner-agrees. to provide secUr.ity i.n a form

~ecurities satis£acto~:tG the_ City, Treasurer in an amount equa1 to One

.5.

-, ,--,-are

BundrefrPer Cent -(~OO%) of the cost of al~works on public 1and . required to be perfo~~d by_ thi~ agreement as estimated by -cae

City Engineer to -ensure the performance of such work and the-

security required hereby shall be provided prior to the issuance

of any building permits.

OTEER

AlI floodlight~ng on the 1and shaLL be designed and

oriented so as to eliminate glare on adjacent roadways and other

properties 0

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Signs

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The OWne~ ... agrees that no additional signs shall :be -

pe~itted o~ the lands other than those presently existing or

those signs the height, placement~ location and design of whi.ch

have been approved by the Planning Director and the Commissioner

of Building, Zoning ana Licensingp

The OWIl-er agrees to convey to the City at: i.ts own

expense, free of al~ encumbrances, the road widening on. Queen -

Street East as shown: on Schedule 'B ~ attached her.eto and the

OWner further agrees-,. at its o .. ..m expense, to provide al.~ ,

necessa::y su:r.:veys and lega~ descriptions. This road widening'

shall be conveyed to: the City prior to the issuance of a buil.ding

permit.

J.80 . The -Or.-¥ner shall, prior to the issuance of any building

.:\riditional permits, enter into an agreemen'c with Inlanc. Projects Lim:ited with !arking

3y-laws-

-.ands .££ected

)1 ---:.greeI:'_ent -~indir.g

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_ respect to adcl±t±ona-l parking. spaces in the form of the agreSlI'.ent

annexed hereto-as Schedule 'C~. Unless the agreement is termir2lted

by Inland Projects-Limited in the manner set forth in the agreement

the Owner shal.1.-renew the agreel!'.ent as- set out in paragraph ~~

thereof.

, Notwithstanding any;- of the provisions of this agreement ...

the- OWner r its __ successors and- assigns, shall be subject to all of

the by-laws_o~the_Ci~y of Brampton presently in force and a~L

future by-l-aws insofar as such future by-laws do not conflict. with

The -lands more particularly described in Schedule ~Ar

annexed hereto are the lands affected by this agreement.

The Owner shall not call into question directly or.

indirectly in any proceedings whatsoever in law or in equity

or before any administrative tribunal the right of the C~ty to

enter into this agree~~nt and to enforce each and eve~ term,

covenant and condition herein contained and this agreement may

be pleaded as an,estoppel against the O~er in any such proceeding_

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"2. The covenants, agreements, conditions and unaerta~ings

uccessors Assigns

herein contained on the part of the Owner sball run with the

lands and shall he binding upon it and upon its successors

and assigns and shall be appurtenant to the adjoining highway in

the oWnership of th·e- City o£ Branpton and/or the Region of Pee~.

IN WITNESs.. .1'lEEREOF THE PARTIES HERETO have he:ceu:nto .

affb:ed their corporate seals attested by the hands of their

proper officers duly authorized in

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MAN~GER .. COlie..ORAT~ TRUS1'~~~~f~_:..;!/~~/~>!J' _ ~J:TT.~ _ ' i.~f~~ . ,,,.. .~ ... ::." -~ ..

AUTHORIZATION BY ~LA w: NUMBER ",2 sr· l'

PASSED BY CiTY ~.~Ib. COUNCIL 0"01 THE __ ~~~~ ____ _

DA Y of_....!!tf)C="':...=.-.::=:8~e..:..:X=--__ 19 11.

RATIO~l OF

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SCHEDULE "A"

To Agreem~nt Dated 19 October 1978

Between Canadian Imperial Bank of COITmerce

and the City of Brampton

Re: 248 Queen Street East

The lands situated in the City of Brampton,in the

Regional Municipality of Peel (formerly the Town of Brampton,

County of Peel), being that part of the west half of Lot 6,

Concession 2, East of Hurontario Street, shown as Part 1 on

a reference plan deposited in the Land Registry Office for

the Registry Division of Peel (No. 43) as Number 43R-6430.

' ...... _,,. •• "'~._o r"- _ ""'""'"--------,.....-RI'0-OM-FINII18-IIH-8CHE-iIO-ULE------------------:_----..,....------, ~-::~-:.,,:, :::;-'-r."L:;':,:'~ .. ~ ..... --.:.::::..:..: ;-:"'::.~":;";::;: :;;--=:..-;~_:"<~.:;':.. IHO ROOM NAME flOOR 8ASI NORTH WALL [80UTH WALL EA8T WALL [WEST WALL [CEILllle [HT.RllIIARK8

~::t,.._ &., ........ ~o.I ................. .....,7 .. e., .... ~~ co I." &.I/: ... ...,:>na-> 0 ...... -. .. , --"Lt> .J~ ..... _~. ,.,,,., l~OII VESTISULI Llt.111.. """""T 4·v,~.,l.. V''''yl.. r ........ 'c,. 1c.1.. .... ~~ I c:; ";,:-,,,1.,.... IIQ'

~'::'7':" ·.:.~L~.::" • .:::.: .• /~:!::::::.. .. :. .:;:: ,:; .. ,;:;,;:'~"';;; .• :'::'::_::'~ .. ''':::::: ... ';;:,''::-- 1102: PUBLIC aPACE <ov~ .... , "c... ~:::-~,~ ,.'. ~"., ....... I Gc.... v._L F-~" --·1 ~"'~ v .. I ~;-';;"~'L'" I'.'d

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IIoaLPER80MAL LOAM G .... P~ r:~,~·' ... :;,:;,;: Gc.... G..... ,_'v f-...... ~ I:;~';'~·~."'G ~;".;;"~.L'" ~·o·

107 'T. ,.wo, :~~;~-::;-. , ~ .' v.v,. ~,w."" ,."~. ~'w .... p ..... ,~ ""1_LL F"'~U I """'~" .... ~~ P.,_ .... ~ •• ' .' 1 __ '" " ............ .....

~I .,~ ,un." ~". ~--:';:,;. nC~!'" v,.,. P',w.,. p"~.' pvrw". ,,~OD P"W<."" ~~ I pa, ...... ,..~" ~;.:;~;.L.. .1.';

1801 CORRIDOR

1101 120~ la08 JANITOR

1201 STORAGE VAULT

12071 REST ROOII

12011 WOMEN

12os1 lieN

12101 8TORAGE

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DOOR 8CHEDULE

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SCHEDULE "BfI 'It> AGREEMENT DA TED UOvC'·'T<11~),I_3_E8.I-----L-----1 8 ; 19, 1978 BETWEEN CANADIAN IMPERIAL BANK OF COMMERCE

AND CITY OF BRAMPI'ON

RE: 248 Queen st. East

Ifo..~~$ &'~cllioR®©~. _ ...... -

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OAt.."-l" of c..ca"""M~2.-_ .. '-T ............ .,..oool~ 4: .... OI;:t • .,.'<::w.I$

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,{ I Schedule "C" to agreement dated October 19, 1978 beb-;een Canadian Imperial Ban.'< of Commerce and City of Br&~pton

RE: 248 Queen st. East

THIS LICENCE AGREEMENT made the 29th day of August, 1978.

BET WEE N:

CANADIAN IMPERIAL B&~K OF C01',}ffiRCE

herein called the "Bank"

OF THE FIRST PART,

- and -

INLAND PROJECTS LINITED, a corporation incorporated under the laws of the Province of Ontario

herein called "Inland"

OF THE SECOND PART.

t-JHEREAS the Bank is the beneficial owner of the lands being Part of Lot 6, Con. 2, east of Hurontario Street in the City of Brampton more particularly described in Schedule "A" hereto and_herein called the "Bank's Lands";

AND W1IEP.EAS Inland is the owner of Part Lot 6, Con. 2 east of Hurontario Street in the City of Brampton more particularly described in Schedule "B" hereto and herein called "Inland's Lands".

A1'l'D l'lHEREAS Inland operates a shopping mall situate on the Inland Land's and has agreed to permit customers of the Bank to park their motor vehicles on the parking areas of Inland's Lands to the extent and in accordance with the terms and conditions herein contained;

Nm'l THEEEFORE IN CONSIDERATIC~ of the fees to be paid. and the covenants herein on the part 0= t~e Bank, Inland hereby grants to the Bank on the terIDS hereof the following licence:

1. To permit the parking of up to t\velve (12) motor vehicles belonging to or operated by customers of the Bank and to park such motor vehicles in parking- sp~ces in the parking areas physically marked on the Inland's Lands.

2. The parking spaces to be used by the customers of the Bank shall not be separated or signed to that effect nor shall

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specific spaces in the parking area be assigned for this purpose.

3. The term of this licence shall be for five (5) years from the 1st day of September, 1978 to August 31st, 1983 with a right of renewal as herein provided for an additional term of five (5) years.

4. The Bank shall pay a licence fee based on $15.00 per space per month and shall pay in advance in equal quarterly instalments on the 1st days of SepteIT~er, December, March and June in each year.

5. The Bank agrees to observe and perform all those terms and provisions of this licence which are binding upon it and not to do or suffer to be done anything contrary to any term or provision of this licence; and to comply with and conform to the requirements of every applicable statute, law, by-law, regulation, ordinance and order at any time or from time to time in force during the term of this licence.

6. Inland shall have the right by giving six (6) months notice in writing to terminate this licence on the 1st day of the calendar month after the ~ix (6) months notice, at any time during the term or renewal of thlS licence, if Inland makes a bona fide sale or otherwise disposes of the Inland Lands, or if Inland desires to completely demolish the building on the Inland Lands, or to take down such building for the purpose of re-building, or if the Inland Lands or any part thereof shall be expropriated, or if Inland proposes a re-development an'd extension of the building on the Inland Lands or any additions thereto.

7. Any notice that is required to be given under the terms of this Li-cence Agreement shall be given either by personal service or by registered mail provided that the mail service is operating at the time the notice is to take effect to the parties at the following addresses which may be changed by giving ten (10) days written notice_ to the other party:

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Inland Projects Limited Suite 1100 75 The Donway West D~n Mills, Ontario H3C 2E9

Canadian Imperial Bank of Commerce Premises Department Ontario Central West Region Commerce Court Toronto, Ontario M5L lA2

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8 . This Licence Agreement shall not be assigned.

9. This licence is subject and subordinate to all mortgages or deeds of trust which may nm'< or at any time hereafter effect the licence in whole or in part or Inland's interest in Inland's Lands in whole or in part, and the Bank agrees to execute promptly upon request any certificate or postponement which may from time to time be requested by Inland to give effect thereto.

10. If the Bank continues to exercise the licence hereby granted after the expiration of the term hereof without objection by Inland and without any written agreement otherwise providing, the Bank shall be deemed to be a licencee from month to month, and subject to the provisions of this licence in so far as the same are applicable, but it shall be lawful for the owner to cancel and determine the licence hereby granted by delivering to the Bank notice to that effect and upon delivery of such notice the licence shall cease without prejudice to any rights of Inland under this licence accrued before such cancellation.

11. The Bank shall have the right by giving three (3) months notice in writing prior to the expiration of this licence to renew this licence for an additional term of five (5) years on the s~e terflS and conditions excent =or this ri0ht o~ renewal.

12. The Bank covenants to inde~ni~y Inland froID and a0ainst all liability, claims, dama~es or expenses due to or arisinq out of any act or neglect by the Bank, its servants, em?loyees,-aqents, customers, invitees, or licencees in and about the oarkinr areas situate on Inland's lands due to or arising out of any breach by the Bank of any provisions of this licence includin9 liability for injury or damage to the person or nronerty of the Bank, its servants, employees, agents, customers, invitees or licencees.

IN ldITNESS FTHEREOP the parties hereto have duly executed this l>.greement.

INLA)ID F'P.OJECTS LI!!ITI:D

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No. 508'" 2.0 Registry Division of Peel (No. 43). I CERTIFY that this .lnstrument ,IS ,registered as 08

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In The Land ~': &' ';' Registry Office ' ~ 7:-,_ J at 8rampton, vo-~

Ontario. . LANO REGIS,1;RAR

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OATEO t October 1-9, 1978 . ... ,

CANADIAN IMPERIAL BANK OF COI'-1MERCE and

NATIONAL TRUST CO~~ANY LIMITED " ,

AND

THE C01U?ORATION OF THE CI'rY OF B~1I?TON

J01-IN G. METAAS ~ CITY SotIClTOrt, C:tTY OF t3MHPTON, 24 QUEEN S~REtT EAST ~ t\RAMPTON, ONTAR!O. I

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~ October 23 78 0 19

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11 BY-LAW

258-78 No. _________ _

Corporation of the City of Brampton