2001-067 To Authorize the Execution of a Pre-Service Agreement (1391191 Ontario Limited - Martin Brooks Subdivision)
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2001-067
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Being a By-law to Authorize the Execution of a Pre-Service Agreement
(1391191 Ontario Limited - Martin Brooks Subdivision>
WHEREAS draft approval for a plan of subdivision on Parcel 15-1 , Section 51-0ro-2,
Part of Lot 15, Concession 2 (Former Oro Township), designated as Parts 1, 2, 3,4, 5,
6,7,8,9,10,11 and 12, Plan 51R-24174, TownshipofOro-Medonte, County of
Simcoe, has been obtained from the Ministry of Municipal Affairs and Housing;
AND 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;
fit
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 (1391191 Ontario Limited);
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 July, 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 16th day of July, 2001.
By-Law read a third time and finally passed this 16thdayof July' 2001.
THE CORPORATION OF THE TOWNSHIP
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PRE-SERVICING AGREEMENT
.. between ..
1391191 Ontario Limited
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
July, 2001
By-Law No.
DESCRIPTION OF LANDS
Parcel 15-1, Section 51-0ro-2, Part of Lot 15, Concession 2
(Formerly Oro Township), designated as
Parts 1,2,3,4,5,6,7,8,9,10,11 and 12, Plan 51R-24174
Township of Oro-Medonte, County of Simcoe
Being all of PIN #58544-0050 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
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PRE-SERVICING AGREEMENT
THIS AGREEMENT MADE BETWEEN:
The Corporation of the Township of
Oro-Medonte
(hereinafter called the "Township")
- and -
1391191 Ontario Limited
(hereinafter called the "Developer")
WHEREAS the Developer is the registered owner of the lands described in Schedule
"A" 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.
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. Drainage Works;
2. Road Work to Base Course Asphalt.
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.
.
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 1391191 Ontario Ltd.
"
2. Terms of Retainer - The terms oftheir 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.
.
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
foltowing:
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.
4) The Nottawasaga Valley Conservation Authority has no objection to
the pre-servicing.
3
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SCHEDULE "A"
DESCRIPTION OF LANDS:
.
Parcel 15-1 , Section 51-0ro-2, Part of Lot 15, Concession 2
(Formerly Oro Township), designated as
Parts 1,2,3,4,5,6,7,8,9,10,11 and 12, Plan 51R-24174
Township of Oro-Medonte, County of Simcoe
Being all of PIN #58544-0050 (Lt)
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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