1997-088 To Authorize the Execution of a Service-In-Lieu Agreement (Maplehill Estates)
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 97-88
Being a By-Law to Authorize the Execution of a Service-In-Lieu
Agreement (Maplehill Estates).
WHEREAS draft approval for a registered plan of subdivision on
Part of Lot 37, Concession 1, Township of Oro-Medonte, County of
Simcoe (Oro) , known as the Maplehill Estates Subdivision has been
obtained from the Ministry of Municipal Affairs and Housing;
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
Service-In-Lieu Agreement dated the 15th day of October,
1997, a copy of which is attached hereto and forms part of
this By-law as Schedule "A".
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That the Municipality shall be entitled to enforce the
provisions of the Service-In-Lieu Agreement against the
owners.
By-law read a first and second time this 15th day of October,
1997.
By-law read a third time and finally passed this
1997.
.B-h day of ...B--
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian Beard
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Clerk, Lynda Aiken
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SERVICES-IN-LIEU AGREEMENT
(pursuant to Section 9 of the Development Charges Act)
This Agreement mllde as of this
day of October, 1997
BETWEEN:
1091402 ONTARIO LTD.
(hereinllfter referred to liS the "Developer")
Pllrty of the First Part
-lInd-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter referred to as the "Township")
Party of the Second Part
WHEREAS the lands affected by this agreement are the lands described in
Schedule "A" annexed hereto and are also shown on the Plan of Subdivision attached to and
forming part of this agreement as Schedule "B" (collectively are hereinafter referred to as the
"Lands");
AND WHEREAS a draft plan with conditions know as 43-T-90055 has been
approved for the proposed subdivision of the Lands;
AND WHEREAS the Township has enacted By-law 91-91 as amended pursuant
to the provisions of the Development Charges Act, RS.O. 1990, c. D.9, which is applicable to the
Lands;
AND WHEREAS Section 9(9) of the Development Charges Act provides that a
municipality may, by agreement, permit an owner to provide services-in-lieu of the payment of all
or any portion of a development charge;
AND WHEREAS the Township has agreed to allow a credit trom development
charges payable pursuant to By-law 91-91 as amended in return for the provision of certain
transportation facilities or the funding thereof;
NOW THEREFORE this agreement witnesseth that in consideration of the
premises and for other good and valuable consideration and for the sum of $2,00 (two dollars) of
lawful money paid by the Developer to the Township (the receipt and sufficiency of is hereby
acknowledged), the Developer and the Township hereby covenant and agree with one another as
follows:
1 Payment of Development Charees
1.1 The Developer agrees to pay development charges in accordance with By-law 91-91, as
amended of the former Corporation of the Township of Ow or in accordance with any
subsequent by-laws or amendments thereto enacted by the Township pursuant to the
Development Charges Act or the Development Charges Act, 1997 (Government Bill 98)
(hereinafter referred to as the "Development Charges").
1.2
Development charges are payable prior to the issuance of building permits, except that
portion of the development charge that relates to water supply services, san.itary sewer
services, storm and drainage services, transportation services and electrical power or
energy services (the "Hard Service Charge"), which shall be paid in full upon the
execution ofa subdivision agreement.
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6.2 No supplement, modification or waiver or termination of this agreement shall be binding
unless executed in writing by the parties hereto.
7 Nonwaiver
7.1
No waiver of any of the provisions of this agreement shall be deemed or shall constitute a
waiver of any other provisions (whether or not similar), nor shall such waiver constitute a
continuing waiver. Failure on the part of party to complain of any act or failure to act of
another party or to declare another party in default in respect of how long such failure
continues, shall not constitute a waiver by such fIrst mentioned party of its rights
hereunder.
8 Currencv
8.1 All amounts stated herein are stated in Canadian currency.
9 Enurement
9.1 All the terms and provisions of this agreement shall be binding upon the parties hereto and
their respective successors and assigns.
10 Effective Date
10.1 The parties agree that this agreement and any provision hereof shall become effective upon
execution.
IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunder
caused the affix of the corporate seals, do and attested to by the proper signing officer.
SIGNED, SEALED AND DELIVERED this J /
day of October, 1997
1091402 ONTARIO LTD.
Per: /6,i.9PM a~...?'!'
Title: E V""".,Jf, /1..50
Per:
Title:
THE CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE
Per: ~"x<.>t:- ;JJI:-
Clerk'
Per:
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Mayor
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SCHEDULE "A"
NOTE:It is understood and agreed that this Schedule forms part of the Services-In-Lieu
Agreement between the Township ofOro-Medonte and 1091402 Ontario Ltd.
DESCRIPTION OF LANDS AFFECTED BY nns AGREEMENT:
ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the
Township of Oro-Medonte (formerly Township of Oro), in the County of Simcoe, and being
composed of the whole of the lands described as follows:
Bidwell Road, Concession 1 & 2, Lots 36 and 37
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SCHEDULE "B"
NOTE:
It is understood and agreed that this Schedule forms part of the Services-In-Lieu
Agreement between the Township ofOro-Medonte and 1091402 Ontario Ltd.
PLAN OF SUBDIVISION
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SCHEDULE "C"
1'-.rOTE:
It is understood fuld agreed that this Schedule tom1S part of the Services- In- Lieu
Agreement between the Township ofOro-Medonte and 1091402 Ontario Ltd.
WORKS TO BE CONSTRUCTED
Complete roadway construction including granular roadbed materials, base course
asphalt, topsoil and seeded boulevards with erosion control measures as required;
All of the above works are incorporated on to the following Engineering Drawings prepared by R.
G. Robinson and Associates Ltd.:
P4, P5, P6, & P7, Job 012-92083-20
The above referenced drawings were stamped and accepted by the Township Engineers, RG.
Robinson and Associates (Barrie) Ltd. on December 14, 1992.
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SCHEDULE "D"
SERVICES-IN-LIEU AGREEMENT - STANDARD FOR THE TOWNSHIP
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
DATE OF ISSUE:
NAME OF BANK:
ADDRESS OF BANK:
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, Oro Ontario, LOL 2XO
We hereby authorize you to draw On the Bank of
Ootario. for the account of
. up to an aggregate amount of
WhICh IS avaIlable on demand.
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, ($$$$$$$$)
Pursuant to the request of our said customer we, the Bank of
, , Ontario, , hereby establish and give to you
an Irrevocable Letter ot CredIt ill your tavour, ill the above amount, whIch may be drawn on by you at any time and
lTom 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 by 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 :SUbalVlslOn Agreement between our sma customer ana tne corporation of the Township ofOro-Medonte, with
Mortgage Company. as a third party, regarding subdivision of
(property description)
The amount of this Letter of Credit may be reduced ITom time to time, as advised by notice in writing, given to us
by an authorized signing officer of the Corporation of the Township ofOro-Medonte.
Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit wi]] 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 ITom year to year, ITom 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
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authorized signature
Bank of
authorized signature
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