2001-054 To Authorize the Execution of a Pre-Service Agreement (Arbourwood Estates Ltd.)
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2001-054
.
Being a By-law to Authorize the Execution of a Pre-Service Agreement
(Arbourwood Estates Ltd.)
WHEREAS draft approval for a registered plan of subdivision on Part of Lot 3, Range 2,
Being All Part 1, Plan 51 R-23269, Township of Oro-Medonte, County of Simcoe, has
been obtained from the Ministry of Municipal Affairs and Housing;
AND WHEREAS, pursuant to By-law #97-86 of the Township of Oro-Medonte, it is
deemed desirable for the Township to enter into a Pre-Service Agreement with the
Owner (Arbourwood Estates Ltd.);
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 Pre-Service Agreement dated May, 2001, a copy
of which is attached hereto and forms part of this By-law as Schedule 'A'.
2. That the Municipality shall be entitled to enforce the provisions of the Pre-
Service Agreement against the owners.
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 6th day of June, 2001.
By-Law read a third time and finally passed this 6th day of June, 2001.
THE CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE
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Mayor, Ian Bearq/
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PRE-SERVICING AGREEMENT
- between -
ARBOURWOOD ESTATES LTD.
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
May, 2001
By-Law No.
DESCRIPTION OF LANDS
Parcel 3-1, Section 51-0ro-Range-2
Being Part of Lot 3, Range 2
Designated as Part 1, Plan 51 R-23269
SUBJECT TO a right of way over Part Lot 3, Range 2,
designated as Part 1, Plan 51 R-29259 in favour of
those lands described as Part Lot 2, Range 2
designated as Part 1, Plan 51 R-29258 as in Lt 425448
Township of Oro-Medonte (formerly Township of Oro)
County of Simcoe
Being all of PIN #58552-0088 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
PRE-SERVICING AGREEMENT
THIS AGREEMENT MADE BETWEEN:
The Corporation of the Township of
Oro-Medonte
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(hereinafter called the "Township")
- and -
Arbourwood Estates Ltd.
(hereinafter called the "Developer")
WHEREAS the Developer is the registered owner of the lands described in Schedule
"An attached (the "Subdivision Lands");
AND WHEREAS the Developer desires to commence installing municipal services with
the Subdivision Lands prior to the registration of the Plan of Subdivision and the
execution of the Subdivision Agreement with the Township;
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
1. ASSUMPTION OF RISK BY DEVELOPER
1.1 The Developer agrees to assume all risk in commencing installation of Township
services on the Subdivision Lands, prior to the execution of a Subdivision
Agreement with the Township, and the registration of the Plan of Subdivision.
The Developer hereby releases the Township, its agents, servants and
employees from and against all actions, suits, claims and demands whatsoever
which may arise either directly or indirectly as a result of the installation of
Township services by the Developer.
1.2 The Developer acknowledges and agrees that, in the event that a Subdivision
Agreement with the Township is not finalized for any reason and the Plan of
Subdivision is not registered as a result, pre-servicing of the Subdivision Lands
shall cease immediately,
a
1.3 The Developer acknowledges and agrees that engineering design plans and
specification for the Township services to be installed by the Developer, as
submitted to the Township, in accordance with the terms of this Agreement, may
require further amendment as a result of requirements imposed by the Township
under the terms of the Subdivision Agreement to be entered into for the
Subdivision Lands. The Developer covenants and agrees to assume all risk and
responsibility for the cost of required revisions to the engineering design
drawings and specifications for the Township services, together with the costs of
modifying, reconstructing, removing and/or replacing the Township services
installed by the Developer pursuant to the terms of this Agreement, in order to
satisfy the requirements finally imposed by the Township at the time that the
Subdivision Agreement is entered into.
1 .4 The Developer acknowledges and agrees this approval relates only to the
installation of the following Township services:
1. Installation of water mains and water services on Walnut Drive; Red Oak
Crest (Phase I);
2. Road works, including drainage on Walnut Drive; Red Oak Crest (Phase I);
3. Storm retention pond and access road.
2
1.5 The Developer acknowledges and agrees that no work shall be carried out on
any existing Township right-of-way, and that there shall be no connection to
services on any Township right-of-way.
1.6 The Developer acknowledges and agrees that no work shall be carried out on
lands not owned by the Developer, without the written consent of the owner to be
filed with and approved by the Township.
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1.7 The Developer acknowledges and agrees that all Servicing Plans must comply
with Federal, Provincial and Township provisions.
2. REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK
2.1 The Developer agrees to submit the following to the Township, in a form
satisfactory to the Township, prior to the commencement of the installation of
Township services on the Subdivision Lands:
a) A letter from a qualified engineer experienced in the field of Township
services confirming:
1. Retainer - That their firm has been retained by the Developers to act as
consulting engineers for the Arbourwood Estates Subdivision.
2. Terms of Retainer - The terms of their retainer with the Developer as
follows:
a) Plans and Specifications - Prepare plans and specifications for
the construction of Township services;
b) Cost Estimates - Prepare cost estimates for the Township
services to be constructed from the drawings;
c) Approvals - Obtain all necessary approvals to construct;
d) Co-ordination - Co-ordinate the installation of Township
services to avoid conflicts with regard to telephone, cable T.V.
and Township services;
e) On-Site Inspections - Insure that all on-site inspections of
Township service installations are conducted by the Developer's
Consulting Engineers at all times during construction;
f) As Constructed DrawinQs - Submit certified "as-constructed"
drawings after acceptance of the Township services;
g) ChanQe in Retainer - If, at any time during the project:
i) the terms of their retainer are changed by the Developer, or
ii) if they become aware that they will not be able to provide
"as-constructed" drawings, they will notify the Township
within twenty-four (24) hours.
a
h) Erosion and Siltation Control- Insure all necessary precautions
are taken to prevent erosion and sedimentation of sewers,
ditches, culverts, slopes, etc. Both within the subdivision and
downstream, prior to and during construction.
b)
Confirmation letters are to be filed with the Township Clerk, confirming the
following:
1) The Township Engineer has no objection to the pre-servicing;
2) The Planning Department has no objection to the pre-servicing;
3) The Township Solicitors have no legal objections to the pre-servicing.
c)
Payment of cash or certified cheque required to cover the cost of the Township's
lawyer and Planner, for all costs involved in processing the Pre-Servicing
Agreement, and for all the Township's Engineers for checking of plans,
specifications and inspection on behalf of the Township for the sum of Four
Thousand Five Hundred Dollars ($4,500;00). As accounts are received from
the Township Planner, lawyer, and Engineer, they will be paid by the Township
and then submitted to the developer for reimbursement within thirty (30) days. In
the event that the deposit is drawn down to a level of Two Thousand Dollars
($2,000.00) or less, and the Developer does not pay the accounts within thirty
(30) days, it is hereby understood and agreed that the Developer is in default of
this agreement and all work must cease.
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d) A Letter of Credit, as per Schedule "C", in the amount set out in Schedule "B",
attached, as security to ensure the due completion of the Township services to
be constructed by the Developer, and as security to be held by the Township for
the warranty periods to be more particularly described in the Subdivision
Agreement for the Subdivision lands. The said Letter of Credit shall provide that
if in the solei opinion of the Township default under the terms of this agreement
has taken place, the said letter of Credit may thereupon be drawn upon in whole
or in part.
e) A certified copy of an insurance policy, or a certificate of insurance, confirming
comprehensive general liability in the amount of Five Million Dollars,
($5,000,000.00), naming the Township as co-insured, and containing the
following additional provisions or endorsements:
1) Products/Completed Operations provisions;
2) Cross-liability clause;
3) Blasting included, only if done by independent contractor;
4) Notice of Cancellation - a provision that the insurance company agrees to
notify the Township within fifteen (15) days in advance of any cancellation
or expiry of the said Insurance Policy.
f) All servicing plans shall be submitted to and accepted by the Township Engineer,
g) The Ministry of the Environment and Energy have given technical approval to the
servicing plans.
3. INSPECTION BY THE TOWNSHIP
3.1 The Developer agrees to permit unrestricted access to the Subdivision lands to
the Township and its agents for the purpose of inspection of the Township
services to be installed by the Developer. Notwithstanding that inspections may
be conducted by the Township or its agents, the Developer shall bear sole
responsibility for the soundness of the engineering design of the Township
services, and for ensuring that the Township services to be installed will function
as intended and will be compatible with the final Plan of Subdivision when and if
such Plan of Subdivision is approved.
a
3.2 If, in the opinion of the Township, there is an emergency situation as a result of
any work undertaken by the Developer or its servants, or agents, which requires
immediate attention to avoid damage to private or public property or services
owned by the Township or to eliminate a potential hazard to persons, such work
may be done immediately by the Township at the expense of the Developer, but
notice shall be given to the Developer at the earliest possible time.
4
4. APPLICATION OF SECURITY
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4.1 In the event of default by the Developer under the terms of this Agreement, or if
the Township is required to enter onto the Subdivision Lands or the abutting
Township lands to conduct any work on the Township services or the connection
of the Township services to facilities due to an emergency, the Township shall be
entitled to draw upon the security posted by the Developer pursuant to the terms
of this Agreement, in whole or in part, to cover the costs incurred by the
Township in remedying the default on the part of the Developer, or in addressing
the emergency situation.
5. NO REDUCTION OF SECURITY
5.1 The Developer acknowledges and agrees that no reduction in the amount of
security filed by the Developer with the Township, in accordance with the terms
of this Agreement shall be permitted until such time as the Developer has
entered into the Subdivision Agreement for the Subdivision Lands with the
Township. Thereafter, any reductions in the security posted by the Developer
shall be completed in accordance with the terms of the said Subdivision
Agreement.
6. NO ASSUMPTION OF TOWNSHIP SERVICES
6.1 The Developer acknowledges and agrees that the Township shall not be
required to assume the Township services to be constructed by the Developer
pursuant to the terms of this Agreement, until such time as the Developer has
entered into a Subdivision Agreement with the Township for the Subdivision
Lands, and the Township services have been completed, inspected, and
approved.
7. NOTICE
7.1 Any notice required to be given pursuant to this Agreement may be given by
prepaid registered post to the Developer at the following address:
and such notice shall be deemed to have been given and received on the third
day after mailing.
8. NO ASSIGNMENT
8.1 The Developer shall not assign or otherwise transfer the benefit of this
Agreement without the written consent of the Township, which may be
unreasonably withheld.
IN WlTNESS WHEREOF the Developer has hereunto set its hands and seals this
day of ,2001.
Per:
~12~
Frank Reiss, President
Arbourwood Estates Ltd.
a
IN WITNESS WHEREOF the Township has hereunto sets its hands and seals this
day of , 2001.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per:
Ian Beard, Mayor
Per:
Marilyn Pennycook, Clerk
..
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SCHEDULE "A"
DESCRIPTION OF LANDS:
Parcel 3-1,_ Section 51-0ro-Range-2
Being Part of Lot 3, Range 2
Designated as Part 1, Plan 51 R-23269
SUBJECT TO a right of way over Part Lot 3, Range 2,
designated as Part 1, Plan 51R-29259 in favour of
those lands described as Part Lot 2, Range 2
designated as Part 1, Plan 51R-29258 as in Lt425448
Township of Oro-Medonte (formerly Township of Oro)
County of Simcoe
Being all of PIN #58552-0088 (Lt)
6
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SCHEDULE "B"
CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP:
1.
2.
TOTAL CASH DEPOSITS TO THE TOWNSHIP
SECURITY TO BE DEPOSITED WITH THE TOWNSHIP:
7
$ 20,000.00
$
$ 20,000.00
$ 20,000.00
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Document General
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Amended NOV. 1992
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