1996-031 Agreement Between City of Barrie, Oro-Medonte and Georgian Glen ET. AL
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 96- 31
WHEREAS Developers are the owners and developer of lands in the
City of Barrie, which are located within the Georgian Secondary
Planning Area of the City of Barrie;
AND WHEREAS the development plans for the Georgian Secondary
Planning Area provide for the storm water drainage for a major
portion of the Planning Area to flow east under Highway 11 and into
the Township of Oro-Medonte;
AND WHEREAS the Developers have obtained an easement from the owner
of the lands in the Township of Oro-Medonte which are to receive
the storm water drainage, which lands are more particularly
described as Part of Lot 4, Concession 1, E.P.R.;
AND WHEREAS the Developers are required to construct certain
drainage works on the Township of Oro-Medonte lands which may
include an underground pipe, open ditch and a storm water detention
pond;
AND WHEREAS the Developers have agreed to convey to the City an
Easement over the lands on which the drainage works are to be
constructed;
AND WHEREAS the City has agreed to maintain the drainage works in
accordance with generally accepted engineering principles and a
level of maintenance equal to similar facilities within the City;
AND WHEREAS the Developers have agreed to convey to the Township of
Oro-Medonte a parcel of land for municipal purposes;
NOW THEREFORE The corporation of the Township of Oro-Medonte enacts
as follows:
1. That the attached Agreement titled Schedule "1" forms part of
this By-law.
2. That the Mayor and Clerk be authorized to execute the said
agreement.
3. That this By-law shall come into full force and effect on its
final passing thereof.
READ a first and second time this 3rd day of April
, 1996.
READ a third time and finally passed this 3rd day of April
1996.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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MAYOR, IAN
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BEARD ,/
CLERK, LYNDA AIKEN
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SCHEDULE 1
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THIS AGREEMENT made this~day of<Jaawiu:y, 1996.
BET WEE N:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter referred to as "the Township")
OF THE FIRST PART
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GEORGIAN GLEN DEVELOPMENTS LIMITED
and GEORGIAN GLEN DEVELOPMENTS EAST LIMITED
and G. DUNSMORE FARM LIMITED
(hereinafter collectively referred to as the "Developers")
OF THE SECOND PART
- and -
THE CORPORATION OF THE CITY OF BARRIE
(hereinafter referred to as "the City")
OF THE THIRD PART
WHEREAS Developers are the owners and developer of lands in the City of Barrie, which
are located within the Georgian Secondary Planning Area of the City of Barrie.
AND WHEREAS the development plans for the Georgian Secondary Planning Area provide
for the storm water drainage for a major portion of the Planning Area to flow east under Highway 11 and
into the Township;
AND WHEREAS the lands of the Georgian Secondary Planning Area that will drain into
the Township are hereinafter referred to as the "drainage area";
AND WHEREAS the Developers have obtained an easement from the owner of the lands
in the Township which are to receive the storm water drainage, which lands are more particularly described
as Part of Lot 4, Concession 1, E.P.R. (hereinafter referred to as "the Township lands");
AND WHEREAS the Developers are required to construct certain drainage works on the
Township lands which may include an underground pipe, open ditch and a storm water detention pond;
AND WHEREAS the Developers have agreed to convey to the City an Easement over the
lands on which the drainage works are to be constructed;
AND WHEREAS the City has agreed to maintain the drainage works In accordance with
generally accepted engineering principles and a level of maintenance equal to similar facilities within the
City;
GgQ~gian Glen Developments Limited
AND WHERI::At> ^ have agreed to convey to the Township a parcel of landI,
for municipal purposes; , \ ./J
NOW THEREFORE IN CONSIDERATION OF the premises and other good and valuable
consideration, the sum of One ($1.00) Dollar paid by each party to the other (the receipt of which is hereby
acknowledged) the parties agree as follows:
1. Upon the execution of this Agreement the Developers, for consideration of Two ($2.00) Dollars,
shall provide the City with a transfer of Easement, free and clear of all encumbrances over ~nd along
those lands on which the drainage works are to be constructed, which lands and Easement are more
particularly shown outlined in red on Schedule "A" attached hereto.
2. Upon the execution of this Agreement, Georgian Glen will convey to the Township, for
consideration of Two ($2.00) Dollars, good and marketable title, free and clear of all encumbrances, an
additional parcel of land for Township purposes which lands are more particularly shown outlined in Green
on Schedu Ie "A" attached hereto.
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3. The Developers shall construct, at their expense, the required drainage works as required and as
approved by the City, the Township and their respective engineers acting reasonably in accordance with
generally accepted engineering principles. The construction of the drainage works is to be completed prior
to the City issuing any building permits for any construction on the Developers lands within the Georgian
Secondary Planning Area.
4. The Developers shall retain the services of a professional engineer to:
,
a)
prepare designs;
b)
prepare and furnish all required drawings and specifications;
c) prepare the necessary contracts and provide contract administration;
d) obtain the necessary approvals from the Ministry of the Environment and Energy, Ministry
of Natural Resources and Nottawasaga Conservation Authority
e) provide supervision during construction of the drainage works to ensure that the work
involved in construction of the drainage works is carried out in a good workmanship like
manner conforming to acceptable engineering practice;
f) prepare final as constructed mylar drawings.
5. The City covenants and agrees with the Township to maintain, operate, repair, replace and
reconstruct, if necessary, the drainage works, at the City's expense, in a prompt, efficient and timely
manner so that the drainage works are maintained in accordance with generally accepted engineering
principles at a level of maintenance equal to similar facilities within the City of Barrie.
6. The Developers covenant and agree with the Township as follows:
a) the Developers agree to indemnify and save harmless the Township from and against all
suits, claims for loss, damages, or accident, injury of any nature or kind whatsoever arising
out of or connected with the carrying out of this Agreement;
b) the Developers agree to indemnify and save harmless the Township from all and any
claims arising from or the result of the construction and use of the drainage works and
arising from or the result of the flow of drainage water from the City through the drainage
works and on downstream into the Township;
c) the Developers shall until the drainage works are assumed by the City, obtain and maintain
comprehensive liability insurance with the Township as a named insured which policy shall
insure Developers and the Township from and against all suits, claims for loss, damage,
accident, injUlY of any nature or kind whatsoever arising out of or connected with the
carrying outo! this Agreement;
d) the Developers agree that this agreement shall be binding upon Georgian Glen
Developments limited, Georgian Glen Developments East limited, G. Dunsmore Farm
limited, their successors and assigns. The Developers agree to execute such further and
other documents, consents or applications as may be required for the purposes of giving
effect to the provisions of this Agreement;
e) the Developers will not call into question directly or indirectly in any proceeding whatsoever
in law or in equity or before any administrative or other tribunal the right of the Township
to enter into this Agreement and to enforce each and every term, covenant and condition
thereof and this provision may be pleaded by the Township in any such action or
proceeding as a complete and conclusive estoppel of any denial of such right.
f) The Developers shall provide notice of this Agreement to all subsequent purchasers and
encumbrancers within the Georgian Secondary Planning Area.
.
7.
The Developers covenant and agree with the City as follows:
a)
Prior to commencement of the works required by this Agreement, the Developers shall
deposit with the City's Treasurer securities to cover the costs of the Developers obligations
to the City herein. The security shall be by cash or Letter of Credit of a chartered bank
in such form as the city solicitor approves and by such surety or sureties as the City
Treasurer approves in the amount of:
i)
100% of the cost estimates approved by the City's Director of Municipal Works; or
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ii) 100% of the final contract price, whichever amount is greater.
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b)
The securities shall include provisions for the liability of Barrie:
i) for holdback(s) pursuant to Section 17(4) of the Construction Lien Act; and
ii) for the estimated costs of the owners obligations under this paragraph.
Upon the request of the owner, when all the drainage works has been:
(a) certified by the owner's engineer as successf ully installed, and
(b) approved by Barrie's Director of Municipal Works; and when
(i) the owner has paid all the financial requirements and fulfilled its
obligations under this Agreement, and
(ii) Barrie's Council has accepted the drainage works, then the security for the
drainage works shall be reduced by no more than ninety (90%) percent.
Barrie shall retain the remaining ten (10%) percent, or such greater
amount as estimated by Barrie's Director of Municipal Works as required
to maintain the drainage works for one year from the date of acceptance
by Barrie's Council, after which time any remaining security shall be
returned to the owner.
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c)
that the Developers shall pay all reasonable costs as may be incurred by the City its
solicitor, engineer, and/or other staff for any work to be performed in connection with the
preparation, execution and administration of this Agreement or any subsequent costs as
a result of non-compliance with this Agreement;
d)
that the Developers agree to indemnify and save harmless the City from and against all
suits, claims for loss, damages, or accident, injury of any nature or kind whatsoever arising
out of or connected with the carrying out of this Agreement;
e)
that the Developers agree to indemnify and save harmless the City from all and any claims
arising from or the result of the construction and use of the drainage works and arising
from or the result of the flow of drainage water from the City through the drainage works
and on downstream into the Township;
f)
that the Developers shall obtain and maintain comprehensive liability insurance with the
City as a named insured which policy shall insure Developers and the City from and
against all suits, claims for loss, damage, accident, injury of any nature or kind whatsoever
arising out of or connected with the carrying out of this Agreement;
g)
the Developers obligations and liability pursuant to subparagraphs 6 a ~ 6 b ~ 7 <:1,7 E\ and
terminate when the drainage works are accepted and assumed by the City;
,
h)
that the Developers agree that this agreement shall be binding upon Developers and their
successors and assigns. The Developers agree to execute such further and other
documents, consents or applications as may be required for the purposes of giving effect
to the provisions of this Agreement;
i)
That the Developers will not call into question directly or indirectly in any proceeding
whatsoever in law or in equity or before any administrative or other tribunal the right of the
City to enter into this Agreement and to enforce each and every term, covenant and
condition thereof and this provision may be pleaded by the City in any such action or
proceeding as a complete and conclusive estoppel of any denial of such right.
j)
That the Developers shall provide notice of this Agreement to all subsequent purchasers
and encumbrancers within the Georgian Secondary Planning Area.
The City covenants and agrees with the Township as follows:
a)
That the Cily shall guarantee the performance and obligations of the Developers as set out
herein with respect to the installation an maintenance of drainage works only. In the event
of defaull by the Developers of any such provisions or obligations herein, the City
covenants al)d agrees to complete and perform, at its costs, such obligations.
That the City agrees to indemnify anti save harmless the Township from all and any claims
arising from or the result of the construction and use of the drainage work and arising from
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b)
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or the result of the flow of drainage water from the City through the drainage works and
on downstream into the Township. The City shall not be responsible for any negative
impact on the drainage work caused by developments within the Township.
c)
That the City will not call into question directly or indirectly in any proceeding whatsoever
in law or in equity or before any administrative or other tribunal the right of the Township
to enter into this Agreement and to enforce each and every term, covenant and condition
thereof and this provision may be pleaded by the Township in any such action or
proceeding as a complete and conclusive estoppel of any denial of such right.
,
9. The Township covenants and agrees with the City as follows:
a) That the Township will not call into question directly or indirectly in any proceeding
whatsoever in law or in equity or before any administrative or other tribunal the right of the
City to enter into this Agreement and to enforce each and every term, covenant and
condition thereof and this provision may be pleaded by the City in any such action or
proceeding as a complete and conclusive estoppel of any denial of such right.
b) That upon the execution of this Agreement, the Township will immediately advise the
Ministry of Municipal Affairs, in writing, that the Township is withdrawing its referral request
for the City of Barrie Official Plan Amendment No. 111 (Georgian Drive Secondary Plan)
as modified and further the Township agrees not to appeal the zoning by-laws
implementing Official Plan Amendment No. 111 nor request a referral of any of the plans
of subdivision within the Georgian Drive Secondary Planning Area.
10. The parties hereto acknowledge and agree that the obligations of the parties hereto save and
except for the obligation of the Township to withdraw its referral request, are conditional upon the
Minister of Municipal Affairs approving Official Plan Amendment No. 111.
IN WITNESS WHEREOF the parties have caused to be fixed their corporate seals
under the hands of their proper signing officers authorized in that behalf.
SIGNED, SEALED AND DELIVERED this
day of
,199 .
THE CORPORATION OF THE TOWNSHIP OF
ORO-ME..DONTE, y c)
Jo-/ J::51!~.fit
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Mayor
G. DUNSMORE FARM LIMITED
per~ YJ~
Name: '
Title: . b. d h
I have authorlty to In t e
~ corporation
Name:
Title:
Clerk
GEORGIAN GLEN DEVELOPMENTS LIMITED
THE CORPORATION OF THE CITY OF BARRIE
John Craig, Clerk
Per:
Per:
.
GEORGIAN GLEN DEVE~OPMENTS EAST
LIMITED l
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QUN.AH'S PROPERTY
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TOWNSHIP OF ORO-MEDONTE
IFRED SCHAEFFER & ASSOCIATES LTD.
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PROJECT N6. 88-E-204 ORA\IING N6. 1
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TOWNSHIP OF ORO-MEDONTE
ENGINEERING DEP ARThtENT
4.007 ha.(1o.0 Cc.)
~ OF lHE FRONTAGE OF SHARF"S PROPERllES
OEDICA TED TO
TOWNSHIP OF ORO-MEDONTE
DESIONEI) BY:
OR"'" BY:
CH(CI<EI) B'!' ".J.
_0_ BY:
DWG. N6.
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SCALE N.T.S