2003-047 To Authorize the Execution of a Pre-Service Agreement 2008628 Ontario Ltd.(Diamond Valley Estates)
II ~. ~
...
.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-047
Being a By-law to Authorize the Execution of a Pre-Service Agreement
2008628 Ontario Ltd. (Diamond Valley Estates)
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;
AND WHEREAS the Council of the Township of Oro-Medonte deems it desirable to
enter into a Pre-Service Agreement with the Owner, 2008628 Ontario Ltd. (Diamond
Valley Estates), Phase 1 A, Part of Lot 3, Concession 7, being Parts 1, 2 and 3, 51 R-
31839, being all of PIN#58533-0214(Lt), Township of Oro-Medonte, County of Simcoe;
.
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, 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 21st day of May, 2003.
By-Law read a third time and finally passed this 21st day of May, 2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
M
"
.
.
.
.
)0
Schedule "A" to
By-law No. 2003-047
PRE-SERVICING AGREEMENT
- between -
2008628 ONTARIO LTD.
PHASE1A
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
DESCRIPTION OF LANDS
Part of Lot 3, Concession 7, Being Parts 1, 2 and 3, 51R-31839
Being all of PIN #58533-0214 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
April, 2003
By-Law No. ()c-\
PRE-SERVICING AGREEMENT
THIS AGREEMENT MADE BETWEEN:
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
.
(hereinafter called the "Township")
- and -
2008628 ONTARIO LTD.
(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.
2.
3.
4.
Road Works and Granular
Watermains
Sewers and Drainage
Base Course of 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 2008628 Ontario Ltd.
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 regards to telephone, cable T.V. and Township
services;
.
e)
On-Site Inspections - Ensure 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 Drawings - Submit certified "as-constructed"
drawings after acceptance of the Township services;
a) Change 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;
b) Erosion and Siltation Control - Ensure 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.
3
, '
.
.
.
.
.
, ;:
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
Ten Thousand Dollars ($10,000.00). 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 Five Thousand
Dollars ($5,000.00) 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
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 an 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 has 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.
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
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:
2008628 Ontario Ltd.
45 Casmir Court, Unit #1
CONCORD, Ontario
L4K 4H5
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 WITNESS WHEREOF the Developer has hereunto set its hands and seals this
t ""day of Aff<- , 2003.
~;I?
Per: .
08628 Ontario Ltd.
Ernie Sottero
Has the Authority to Bind the Corporation
IN WITNESS WHEREOF the Township has hereunto sets its hands and seals this
day of , 2003.
.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per:
J. Neil Craig, Mayor
Per:
Marilyn Pennycook, Clerk
. ,
SCHEDULE "A"
. DESCRIPTION OF LANDS:
Part of Lot 3, Concession 7, being Parts 1,2 and 3, 51 R-31839, being all of PIN
#58533-0214 (Lt).
.
.
.
I ... ~ \
SCHEDULE "8"
. CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP:
.
.
.
1. Ensure erosion and siltation control and any works
that may be required by Township forces as a result
of work performed within the subdivision.
TOTAL CASH DEPOSITS TO THE TOWNSHIP
SECURITY TO BE DEPOSITED WITH THE TOWNSHIP
7
$ 20,000.00
$ 20,000.00
$ 20,000.00
ONTARIO INTL TRADE
SERVICES,
61 FRONT STREET WEST, 4TH FLOOR,
TORONTO, ONTARIO, CANADA M5H 1H1 TEL. NO.: 416-866-6717
.. Banque Scotiauc
RAGE: 1
SLO NSTDISLC
" ..,S,cotiabankTV
.
DATE OF ISSUE: APRIL 28, 2003
IRREVOCABLE STANDBY LETTER OF CREDIT
NO: S18572'191459
AMOUNT: NOT EXCEEDING CAD 20,000.00
DATE OF EXPIRY: APRIL 27, 2004
TO:
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
P.O. BOX 100) ORO, ONTARIO,
LOL 2XO
APPLICANT: /
20086213 ONTA,R 10 L TO ,,01 A~",H:)
185 A.DESSO DP.
CONCORD) ONTARIO.
CANfI,DA, L4r.:: 3(4
G::: S'i\').('E9
DEfI,P SIPeS) :.
_. HEREBY !i,UTHORIZE YOU TO DRA\1 ON THE B!i.NK ('F NQVA SCOT 111. , QN1APIU
P -'A . '.F (' -, c: F,l'-, -'T . "r. dT!-4 ~., '-'"10 'r,! rl ""1 ."'
_NATIcN..L TR!i,DE _,_R\ItEJ, d FRtNT ~,REET WE:.JT, .\. t'u.L, !LRdHL, \..NTAFIt,
C, ADA M5H IHl FOR THE ACCOUNT OF 2008628 ONTARIO LTD., UP TO AN AGGREGATE
AMOUNT OF TWENTY THOUSAND CANADIAN DOLLARS (CAD20,000.OO) WHICH IS AVAILABLE ON
DEMAND.
PURSUANT TO THE REQUEST OF OUR SAID CUSTOMER, 2008628 ONTARIO LTD.. WE~ THE
BANK OF NOVA SCOTIA, ONTARIO INTERNATIONAL TRADE SERVICES, 61 FRONT STREET WEST.
4TH FLOOR, TORONTO, ONTARIO, CANADA M5H IH1 HEREBY ESTABLISH AND GIVE TO YOU AN
IRREVOCABLE LETTER OF CREDIT IN YOUR FAVOUR, IN THE ABOVE AMOUNT, WHICH MAY BE
DRAWN QN 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
\4HETHER YOU HtWE THE R H~HT A'i BEH.JEEN YUUrfSELF !I.ND (IUR SI11D CUST('MER TO M!i.KE
SUCH DEMAND !iND 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 CORPOPATION OF THE TOWNSHIP OF OPO-MEDONTE. THE ORIGINAL LETTER OF CREDIT
MUST BE PRESENTED TO US AT : THE BANK OF NOVA SCOTIA, ONTARIO INTERNATIONAL
TRADE SERVICES, 61 FRONT STREE'r WEST, 4TH FLOOR, TORONTO, QNTARIO, CANADA M5H
IHl. THE LETTER OF CREDIT WE UNDERSTAND, RELATES TO A SUBDIVISION AGREEMENT
~'<' WEE._N...(.\!~R. SA. 1. C.\ r.~..USTOMER. ,iI,NO.. THE \.~:.(W..POR,iI..TI(.'N.. OF 'THF._... '.101#.'<.'NSH.'I..P \.:,If r.1.RO-MED.(II\ITE,
" 850892 ONTARIO LIMITED, !is A THIRD PARTY. REGARDING PRE-SERVICING AGREEMENT
P_ - PART OF LOT 3, CONCESSION 7. BEING PARTS 1, 2 AND 3. 51P-31839 - BEING ALL
OF PIN # 58533-0214 (LF).
rJ-~,
>erno""" "G"~"'"",OR'''
/
AUTHORIZED SIGNATURE/SIGNATAIRE AUTORISE
2381443 (7/99) THE BANK OF NOVA SCOTIA/LA BANOUE DE NOUVELLE.ECOSSE
1 - ORIGINAL 3 - ADVISING BANKlBANOUE NOTIFICATRICE
2 - CUSTOMER/CLIENT 4 - BRANCH/SUCCURSALE
(ISSUING BANK NOTE: RETAIN IF ISSUED BY BRIEF CABLE/FULL CABLE/SWIFT)
(NOTE A LA BANQUE EMETTRICE : A CONSERVER SI AVIS BREF/COMPLET EMIS PAR CABLE/SWIFT)
TM Trademark of The Bank of Nova Scotia. MC Marque de commerce de La Banque de NouveUs*EcosS6.
<:
'" ::S. .Scotiabank TV
.. Banque Scotia""
PP.GE; 2
'-HE I-i.MOI..If\JT OF THIS LETTER OF CREDIT MAY BE REDUCED FROM TIME TO TIME. J1S
Ir~,.E,D B,Y NOT, ICE,' IN WRITIN,"G, GIV,E,.N .TO U,S,BY AN AUTHORIZED SIGNING OFFICER OF
. _ CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE.
PARTIAL DRAWINGS SHALL BE PERMITTED. WE HEREBY AGREE THAT PARTIAL DRAWINGS
UNDER fHIS 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 LET OF CREDIT TO BE RENEWABLE FOR ANY ADDITIONAL
PERIOD.
EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED THIS LETTER OF CREDIT IS SUBJECT TO
THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION).
INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500.
.
YOURS VERY TRULY.
~
.
~LA--"- ~ I ecf-=-
AUTHORIZED SI E AUTORISE
...-:::
,:/~",
'7
2381443 THE BANK OF NOVA SCOTIA/LA BANQUE DE NOUVELLE-ECOSSE (ISSUING BANK NOTE: RETAIN IF ISSUED BY BRIEF CABLE/FULL CABLE/SWIFT)
1 _ ORIGINAL 3 _ ADVISING BANKlBANQUE NOTIFICATRICE (NOTE A LA BANOUE EMETTRICE : A CONSERVER SI AVIS BREF/COMPLET EMIS PAR CABLE/SWIFT)
2 - CUSTOMER/CLIENT 4 - BRANCH/SUCCURSALE 'M Trademark of The Bank of Nova Scofia. "' Marque de commerce de La Banque de Nouvelle-Ecosse.
t
, ,
Receipted as SC122073 on 2003 06 12
yyyy mm dd
at 08:44
Page 1 of 11
0#51 Notice Under 5.71 Of The Land Titles Act
he applicant(s) hereby applies to the Land Registrar.
\ Properties
-
Description
Address
58533 _ 0214 L T Estate/Qualifier Fee Simple Absolute
PT L T 3 CON 7 ORO, PTS 1,2 & 3 PL 51R31839, SIT ROW OVER PT 2 PL 51 R31839
AS IN L T524692; ORO-MEDONTE
ORO-MEDONTE
I Consideration
Consideration $ 2.00
I Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name
Address for Service
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Box 100
ORO, ON LOL 2XO
This document is not authorized under Power of Attorney by this party.
TttrJocument is being authorized by a municipal corporation J. Neil Craig, Mayor and Marilyn Pennycook, Clerk.
I Statements
This notice is for an indeterminate period
Schedule: See Schedules
I Signed By
Shirley Joy Partridge
168 Lakeshore Rd. W. RR#1
Ora Station LOL 2EO
acting for Applicant(s)
Signed
20030612
Tel 7057902677
Fax 7054870257
I Submitted By
SHIRLEY PARTRIDGE REGISTRY
.'ICES INC
I::~ 7057902677
. Fax 7054B70257
168 Lakeshore Rd. W. RR#1
Ora Station LOL 2EO
2003 07 08
f Fees/Taxes/Payment
$60.00
Statutory Registration Fee
Tota/ Paid
$60.00
I File Number
Applicant Client File Number:
1-69
e