2003-011 By-Law No. 2003-011 to authorize the execution of a subdivision amending agreement between the Corporation of the Township of Oro-Medonte and BestPro Corporation
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-011
Being a By-law to Authorize the Execution of a Subdivision Amending Agreement
between The Corporation of the Township of Ora-Medonte and
BestPro Corporation
WHEREAS, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter
P .13, as amended, provides that municipalities may enter into agreements imposed as
a condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies being Lot 1-30, both
inclusive, and Blocks 31 to 44, both inclusive on Plan 51M-723, Township of Oro-
Medonte, County of Simcoe.
AND WHEREAS the Township of Oro-Medonte and BestPro Corporation have entered
into a Subdivision Agreement dated the 26th day of June, 2002 and registered August 6,
2002 as Instrument No. SC44725 in respect to said lands;
AND WHEREAS the Ministry of the Environment has accepted the revisions to the
wording of the original Subdivision Agreement;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Oro-Medonte, a Subdivision Amending Agreement, a copy of which
is attached hereto and forms part of this By-law as Schedule 'A'.
2. That the Subdivision Amending Agreement, a copy of which is attached hereto
and forms part of this By-law as Schedule 'A", be registered on title against the
lands described therein;
3.
That the Township of Oro-Medonte shall be entitled to enforce the provisions of
the Subdivision Amending Agreement against the owners and any and all
subsequent owners of the land;
3. That this By-Law shall come into force and take effect on the final passing
thereof.
By-Law read a first and second time this 5th day of February, 2003.
By-Law read a third time and finally passed this 5thday of Feb. ,2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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THIS SUBDIVISION AMENDING AGREEMENT made as ofth6_ day of
ht,noary, 2003.
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BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the "Township")
- and -
BESTPRO CORPORATION
(hereinafter called the "Developer")
WHEREAS:
A. The Developer and the Township have entered into a Subdivision Agreement
dated the 26th day of June, 2002 and registered August 6,2002 as Instrument No.
SC44725 (the "Subdivision Agreement") in respect to the lands legally described
as Lots 1-30, both inclusive, and Blocks 31 to 44, both inclusive on Plan 51M-
723, Township ofOro-Medonte, County of Simcoe; and
B. The Developer and the Township wish to amend the Subdivision Agreement on
the terms and conditions hereinafter set forth;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the
sum of Two Dollars ($2.00) of lawful money of Canada (now paid by each party to the
other) and other good and valuable consideration (the receipt and sufficiency of which is
hereby acknowledged) the Developer and the Township hereby agree as follows:
1. Section 1.12 of the Subdivision Agreement is hereby deleted and replaced with
the following provision:
1.12 MINISTRY OF THE ENVIRONMENT
The Developer, and each individual lot owner, agrees to comply with the
requirements and recommendations of the hydrogeologist's report
prepared by Ian D. Wilson and Associates Limited dated October 2, 1990,
Addendum No.1 dated March 29, 1993, Addendum No.2 dated June 20,
1995, and Addendum No.3 dated July 5, 2002.
In addition, the Developer shall notify each prospective purchaser of a
lot(s) that:
(a) Wells should only be constructed into the water supplies
that had their quality confirmed through testing;
(b)
Elevated Iron and Manganese concentrations are possible
in groundwater supplies and may require the use of in-
house treatment units to achieve aesthetically acceptable
levels of Iron and/or Manganese, should it be desired by the
resident.
2. All capitalized terms not otherwise defined herein shall have the meanings
ascribed to them in the Subdivision Agreement.
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3. The parties hereto ratify and confirm that all other terms of the Subdivision
Agreement remain the same and continue in full force and effect.
4.
This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original and all of which taken together shall be deemed
to constitute one and the same instrument. Counterparts may be executed either
in original or faxed form and the parties adopt any signatures received by a
receiving fax machine as original signatures of the parties; provided, however,
that any party providing its signature in such manner shall promptly forward to
the other party an original of the signed copy of this Agreement which was so
faxed.
5. This Agreement shall enure to the benefit of and be binding on the parties hereto
and their respective permitted successors and assigns.
IN WITNESS WHEREOF the parties have duly executed this agreement as of the
date first written above.
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
D,~~
~am~ J. Neil Craig L
Title: Mayor
Name:
Title:
BESTPRO CORPORATION
to bind the Corporation.
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