1999-038 To Authorize the Execution of a Pre-Service Agreement (Heights of Moonstone)
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 99- 38
Being a By-Law to Authorize the Execution of a Pre-Service
Agreement (Heights of Moonstone) .
,
WHEREAS draft approval for a registered plan of subdivision on
Part of Lot 15, Concession 8, Township of Oro-Medonte, County of
Simcoe (Medonte), known as the Heights of Moonstone Subdivision
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.
NOW THEREFORE the Corporation 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 Corporation of the Township of Oro-Medonte a
Pre-Service Agreement dated the 26th day of February, 1998,
a copy of which is attached hereto and forms part of this
By-law as Schedule "Au.
2. That the Municipality shall be entitled to enforce the
provisions of the Pre-Service Agreement against the owners.
By-law read a first and second time this 7th day of April, 1999.
By-law read a third time and finally passed this 7th day of
April, 1999.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Clerk, Lynda Aiken
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PRE-SERVICING AGREEMENT
- between -
HEIGHTS OF MOONSTONE
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
<- and -
THE MORTGAGEES
DESCRIPTION OF LANDS
Part of Lot 15, Concession 8 (Former Medonte Township)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
October 1997
By-Law No. 1997-86
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PRE-SERVICING AGREEMENT
THIS AGREEMENT MADE BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
,
(hereinafter called the "Township")
- and -
THE HEIGHTS OF MOONSTONE
(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. Grading of roads to sub-grade and installation of road culverts;
2. Installation of watermains and appurtenances;
3. Construction of well.
1.5
1.6
- 1.7
2.
2.1
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.
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.
The Developer acknowledges and agrees that all Servicing Plans must comply with Federal, Provincial and
Township provisions.
REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK
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:
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(1) Retainer - That their finn has been retained by the Developers to act as consulting
engineers for the (Heights of Moonstone);
(2) Tenns of Retainer - The tenns of their retainer with the Developer as fonows:
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 aU necessary approvals to construct;
d) Co-ordination - Co-ordinate the installation of Township services to avoid conflicts
with regard to telephone, cable T.Y. 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;
t) As Constructed Drawings - Submit certified "as-constructed" drawings after
acceptance of the Township services;
g) Change in Retainer - If, at any time during the project:
i) the tenns 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 an 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) Confinnation letters are to be filed with the Township Clerk, confinning 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 Five Thousand Dollars ($5,000.00). 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.
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 sole opinion of the Township default under the tenns 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, confinning 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:
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I) 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.
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3. INSPECTION BY THE TOWNSHIP
,
3.1 The Developer agrees to pennit 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.
3.2 I( 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. APPLICATION OF SECURITY
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 tenns of this Agreemeftt, 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 tenns 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
tenns 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 tenns 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:
BAC Bachly Developments Limited
Box 29, BrownsviIle Junction, Schomberg, Ontario, LOG ITO
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
ofthe Township, which may ~~OnablY ""ithheld.
IN WITNES~-- F e v~er h reunto set its hands and seals this 0 day of February
1998. I
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as hereunto sets its hands and seals this 7 -~ay of Feblnary
IN WITNESS WHEREOF the Town h'
1991t.
Per:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
it' LA>. . l..:r ,~~",_--I
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MAYOR
~~~- /I~~
CLERK
Per:
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SCHEDULE "A"
DESCRIPTION OF LANDS:
Pari (If Lot 15, Concession 8 (Former Township of Medonte)
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SCHEDULE "B"
CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP
1. Section 2.1 ( C)
2.
TOTAL CASH DEPOSITS TO THE TOWNSHIP
SECURITY TO BE DEPOSITED WITH THE TOWNSHIP
Letter of Credit for $20.000.00
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$ 5,000.00
$
$ 5,000.00
.. .
e
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SCHEDULE "C"
SUBDIVISION AGREEMENT - STANDARD TOWNSHIP
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
DATE OF ISSUE:
NAME OF BANK:
:\DDRE88 OF R^.NK:
LETTER OF CREDIT NO.:
AMOUNT: $
Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs and Practices
for Documentary Credits (1993 Revision), being ICC Publication No. UCP 500.
TO:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
P.O. Box 100, Om Ontario, LOL 2XO
We hereby authorize you to draw on the Bank of
Untano, , for the account ot
, up to an aggregate amount of
which is available on demand.
,
,($$$$$$$$)
Pursuant to the request of our said customer, , we, the Bank of
, , Ontario, , hereby establish and give to you
an Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by you at any time and
from time to time, upon written demand for payment made upon us by you which demand we shall honour without
enquiring whether you have the right as between yourself and our said customer to make such demand and without
recognizing any claim of our said customer or objection by them to payment by us.
Demand shall be bv way of a letter signed by an authorized signing officer of the Corporation of the Township of
Oro-Medonte. The original Letter of Credit must be presented to us at : Bank of
, , Ontario, . The Letter of Credit, we understand, relates
to a subdivision agreement between our said customer and the Corporation of the Township of Oro-Medonte, with
Mortgage Company. as a thud party, regarding subdivision of
(property description)
The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing, given to us
by an authorized signing officer of the Corporation of the Township of Oro-Medonte.
Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly
honoured upon demand.
This Letter of Credit 'Will continue in force for a period of one year, but shall be subject to the condition hereinafter
set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without
amendment from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days
prior to the present, or any future expiration date, we notify you in writing by registered mail that we elect not to
consider this Letter of Credit to be renewable for any additional period.
Dated at
, Ontario, this
day of
19
authorized signature
Bank of
authorized signature
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