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HomeMy WebLinkAboutBRU 95 010 sp agree lt 2 pl 281 THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 95-10 BEING A BY-LAW to authorize the execution of a site plan Agreement for Lot 2, Plan 281 with Lynn Clayton. -e WHEREAS all the lands in the Township of Bruce have been designated as a site plan control area by By-law No. 81-23 of the Corporation of the Township of Bruce. AND WHEREAS Lynn Clayton wishes to undertake development on Part of Lot 2, Plan 281, being that part of the Hamlet of Glammis and the Corporation requi res the owner, Lynn cl ayton to enter into an agreement pursuant to the provisions of By-law No. 81-23 and the Planning Act, R.S.O. 1990, Chapter P.13, Section 41. NOW THEREFORE the Council of the Corporation of the Township of Bruce enacts as follows: (1) That the Corporation approves the plans and drawings set out on the Schedules marked as schedule 'B' & 'C' to the agreement attached to this by-law as schedule 'A'; (2) That the owner, Lynn Clayton may undertake the development on the above mentioned Part of Lot 2, Plan 281 in accordance with the plans and drawings mentioned in (1) above; (3) That the Reeve and the Clerk be authorized to execute an agreement in the form of Schedule 'A' to this by-law and any subsequent agreements required to give effect to the intent of this by-law. By-law introduced and read a First time this FOURTEENTH day of FEBRUARY, 1995. By-law read a Second time this FOURTEENTH day of FEBRUARY, 1995. By-law read a Third time and finally passed, signed, sealed, and numbered 95-10 this FOURTEENTH day of FEBRUARY, 1995. . ili£uc- , ~4 CLERK REEVE SEAL ';" T - ., -. ! ,.- ..:A' I!IJ' acli .. ThIs IB Schedule ' A.' 1:0 By-law No. ct!;-\O po_eel this \\4 O\O\-.. day of r:...h1'uß.~-::\ 19.9f1.- / ¿:J /. .. =~ This Agreement made in triplicate this day of 1994 and referred to as "The Site Plan Agreement". - . b ! BET WEE N: hereinafter referred to as the "Owner" - and - THE CORPORATION OF THE TOWNSHIP OF BRUCE hereinafter referred to as the "Corporation" - and - hereinafter referred to as the "Mortgagee" WHEREAS the Owner represent and warrants that he is or will be tht Owner of the 1 ands described in Schedul e "A" at tached heret.. (hereinafter call ed the "subject 1 ands") which are affected by thL Agreement; AND WHEREAS in this Agreement "Owner" includes any subsequent Owner of the aforementioned lands; AND WHEREAS the Corporation has enacted a Site Plan Control By-law pursuant to the provisions of Chapter P.13, of the Planning Act, 1990; AND HHEREAS the Owner wishes to undertake a development on the saiJ I ands in accordance wi th a si te pI an at tached as Schedul e "B" hereto, hereinafter called the "approved site plan"; AND IfJIEREAS Subsection 4l( 4) of the said Chapter P .13 of the Planning Act, 1990 authorizes the Corporation to require the Owner of the subject lands to enter into an Agreement with the Corporation; AND WHEREAS the covenants in this Agreement are binding upon the Owner and when registered on title are binding upon all successors on title; AND WHEREAS the Corporation is of the opinion that it would not be proper or in the public interest to permit development of the subject lands unless assurances are given by the Owner that matters referred to in this Agreement are carried out in the manner hereinafter set forth; NOW THEREFORE fBIS AGREEMENT WITNESSETH in consideration of the following convenances the Owner covenants and agrees with the Corporation as follows: 1. PERFORMANCE STANDARDS '," 1.1 The Owner agrees to allow the Corporation at the Owner's exoense to register or deposit this Agreement in the Registry Office for the County of Bruce against the "subject lands". It is understood that this agreement shall be in priority to all encumbrances effecting the subject lands. '-y . . . ~ \ -. - 2 - 1.2 The Owner will at all times indemnify and save harmles: th~ Corporation of and from all losses, costs and damage~ whIch the Corporation may suffer or be put to, for or b¡ reason of, or on account of, the construction maintenanc~ or existence of payments, curves, plantings: and other Improvements upon the un travel led portions 01 road a II owances where the same are requi red by thi: Agreement to be provided at the expense of the Owner ar.. such indemnity shall constitute a first lien and chary. upon the subject lands, and shall be added to HI< assessment roll as unpaid taxes and may be collected i~ a similar manner as unpaid Municipal taxes. 1.3 The clauses of this Agreement shall be deemed independenl and the striking down or invalidity of anyone or more oi the clauses does not invalidate this Agreement or th~ remaining clauses. 1.4. Nothing in this Agreement shall complying with any other requirements. relieve the Owner fn", applicable Municipa. 1.5 The Owner hereby grants to the Corporation, its servants, agents and contractors a license to enter the "subject lands" for the purpose of inspection of the works on the "subject lands" or for any purpose pursuant to the rights of the Corporation under this Agreement. 2. SITE DEVELOPMENT 2.1 2.2 2.3 2.4 2.5 . "'..¡ö¡.f' For the purposes of this Agreement and any requirement~ and/or regulations herein "BUILDING OR STRUCTURE" shall exclude a single family dwelling, semi-detached or duple.. dwelling with under 372 square metres of living space. For the purposes of this Agreement and any requiremenL and/or regulations herein "DEVELOPMENT" shall mean the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the si~e or usability thereof. The Owner agrees to undertake development on the "subject lands", at his sole expenses, in conformity with the approved site plan as detailed in Schedule "B" attached hereto, which shall hereinafter be referred as the "approved site plan". The Owner agrees that no bUilding, structure or any addition thereto shall be erected on the subject lands and no building permit shall be applied for affecting the subject lands until plans respecting building, landscaping, drainage and grading have received the approval of the Corporation. The Owner must obtain a building permit to do the work required by this Agreement within one year from the date of the signing of this Agreement by all parties. If the Owner fai 1 s to do so, this Agreement is automatica 11 y terminated at the end of the said year and this Agreement shall be null and void. ·1M-~'f;:-: -----.- --- .-.,. . " , A - 3 - 2.6 If the Owner has taken out a building permit but has no completed construction within two years of the date 0 the permit, this Agreement is automatically terminat~. and is null and void. 2.7 The Owner shall carry out road and sidewalk improvements whi ch works shall incl ude a 11 necessary sani tary an: storm sewer work, curb and gutter, asphalt and granula. materials, construction of boulevard, construction of sidewal ks, internal 1 andscaping and all other works necessary to construct and service the road in accordance with the current standards of the Corporation to the satisfaction of the Corporation. 2.8 The Owner agrees to reinstate to current standards all sidewalks, boulevard, walkways, curbs or gutters and municipal streets which have been disturbed or damaged during the course of construction, to the satisfaction ùf the Corporation. The Owner also agrees to deposit wit!. the Township, security in cash or by irrevocable letter of credit, in an amount satisfactory to the Corporation, to cover the cost of any works to be performed on any public road allowance. It is agreed that the amount of such security shall be equal to the Owner's share of the costs of such works out I ined in paragraph 2.7 hereof, which is estimated to be $ Upon satisfactory completion of any such works, the security deposit shall be returned to the Owner, without interest. 2.9 Upon tentative completion of the development of the "subject lands" and conformity with the provisions of this Agreement the Corporation shall conduct a Fina I Inspection by the chief Building Official and shall issue a deficiency list associated therewith if warranted. 2.10 The signing of any Agreement of Purchase and Sale of the subject lands or the transfer of ownership of the subject lands or the shares of the Owner prior to the completion of a "Final Inspection" will result in the cancellation of the Site Development Agreement save and except for the' irrevocable Letter of Credit which the Owner aqrees to forfeit immediatelY in favour of the Corporation. 2.11 The Owner further covenants and agrees that it will not call into question directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal, the right of the corporation to enter into this Agreement and to enforce each and every term covenant and condition herein contained, and thi. para~raphmay be pleaded as an estoppel against the Owner in any such proceeding. 2.12 No accessory building should be constructed prior to the construction of the main building, 3. ARCHITECTURE 3.1 The building shall be constructed in compliance with the Ontario Building Code and any requirements of the Corporation of the Township of Bruce as designated by the Chief Building Official or Council thereof. . . .. - 4 - 3.2 The buildin9 shall be constructed as per Schedule "c" attached hereto which shall hereinafter be referred to as the "Approved Architecture Plan". 4. LANDSCAPING 4.1 The Owner indicated buildings shall at his expense install landscaping as within six months of completion of the as per Schedule "B" attached hereto. 5 . .FENCES 5.1 Except as otherwise provided in this Agreement no fences shall be erected by the Owner without the prior writte.. approval of the Corporation of the location, design aoJ materials. 6. OUTSIDE STORAGE 6.1 Nothing shall be stored outside of the building on tb~ subject lands unless the location and size of the storag~ area and the manner in which it is to be screened frr,,,, public view shall have first been approved in writing bJ the Corporation and further storage must be in complian(.¿ with security requirements. 6.2 All storage area shall be suitably screened in a mann~j as approved by the Corporati on. Wi th approva 1 of tt,·, Corporation, storage of incoming material and outgoil"J products shall be permi tted outside the building provido;,¡ they are located within the area surrounded by the rea. face of the building and the extension of side lines of the building and rear lot line. 7. REFUSE STORAGE 7.1 A central refuse storage collection area shall b~ provided and maintained by the Owner and all refuse shalJ be located in such area. Such area shall be in the' location approved by the Corporation and screened in a manner approved by the Corporation. Any refuse shall be stored in non-combustible containers located as per the approved site plan. The collection and disposal of any and all refuse is the responsibility of the Owner. 8. CURBING 8.1 The Owner agrees that curbing shall be constructed as per Schedule "B", the Approved Site Plan. 9. LOADING. PARKING AND DRIVENAYS 9.1 The Owner agrees that any internal driveways which are necessary for and desi9rtated as a fire route shall be so designated so as to carry the weight of the Corporation's fire fighting equipment. ..ÁW ,. , " - 5 - 9.2 Th7 Owner agrees that all loading and parking areas and dr1veways shall be surfaced satisfactory to the Township as per the Schedule "B", and all paved parking stalls shall be visually identified by line painting. 10. ~AG¡¡; 10.1 The Owner must provide to the Township proof from the Bruce-Grey-Owen Sound Health Unit that the sewage system is satisfactory. 11. SIGNS 11.1 The Owner shall prepare and submit for approval to the Corporation's Chief Building Official a plan for signs in accordance with By-law No. 76-13, as amended, and the Owner agrees to comply with all requirements pursuant to the approve tlª.IL. fot:.~igilli including all exit and entrance signs. 12. PARKING 12.1 Off street parking shall be provided in accordance with the requirement of the Township of Bruce's Comprehensive Zoning By-law No. 76-13, as amended from time to time. 13. tf~TER 13.1 The Owner is obligated to conform to Ontario Regulations under the Ontario Water Resources Act and any other water related regulations as may be contained in the Ontario Building Code. 13.2 We require written confirmation from the Bruce-Grey-Owen Sound Heal th unit and a well drill er that the water supply is satisfactory. 14 . HYDRQ 14.1 The Township may require Ontario Hydro that the satisfactory. written confirmation electric services from are 15. ¡¡;ASEHg~ 15.1 The Owner, shall at their expense, cause to be prepared, granted and registered the following easements: 16. LIGHTING 16.1 The Owner shall provide a lighting plan of the "subject lands" as shown on the Approved Site Plan and to the approv~l of the Corporation, and all lighting shall be oriented and its intensi ty so control I ed to prevent gl are on adjacent roadways and properties. _-:,~}::;~b - - 6 - 17 . f:IRE 17.1 All parking areas within nine (9) metres of the building or structure and driveways shall be surfaced in such a way that they are capable of supporting fire fighting equipment weighing fifteen (15) tonnes. Fire protection measures including access for fire protection vehicles shall be satisfactory to the appropriate Fire Department Chief or his designate. 18. MAINTENANCE 18.1 The Owner shall: (a) complete the works and other facilities required in the Approved Site Plan and this Agreement at its expense and to the satisfaction of the Corporation; (b) maintain those works and facilities located on the subject lands to the satisfaction of the Corporation at the sol e risk and expense of the Owner; and. (c) The Owner agrees that at his sole expense, that all parking areas provided on the "subject lands" shall be reasonabl y, in all circumstances, maintained clear of snow so as not to prohibit or block or in any way restrict access along any driveway, walkway for vehicular and pedestrian traffic or reduce the number of useable parking spaces below the minimum number of spaces required by the Township's zoning. That the Owner further agrees snow will not be collected in such a manner that, it blocks visibility adjacent to a street. Further, it should not be collected in such a manner that it blocks drainage to a street drain or drainage facilities on site. Further, it should not be collected in such a manner, that melted water would effect any abutting property. 18.2 Without limiting the generality of Paragraph 18.1(b), the Owner shall: (a) maintain all hedges, trees, shrubs, and other ground cover in a healthy state, as determined by the Corporation; (b) keep any works and facilities shown on the plan with respect to landscaping in good repair; and (c) refrain from doing anything that will have a detrimental effect on the adjoining property. 19. pRAINAGE 19.1 The Owner agrees to prepare a pI an of storm surface drainage and drainage plan acceptable to the Corporation's Engineer and all surface and roof drainage shall be controll ed in a manner satisfactory to the Corporation. The storm surface drainage plan shall not drain any waters· onto any adjoining properties. ~ issuance of a BuildinQ Pe~_will not be all~Hed Dr10r i~~lUl!".9-val_ºLJJ!!L_g,¡:adinQ ªnd d~ainª~lan by the Corporation- .' , - 7 - 20. ~AND FOR PARK PURPOSES 20.1 Land for park purposes shall be according to Bruce Township By-law No. 92-17. 21. MUNICIPAL EXPENSES 21.1 The Owner shall pay to the Corporation the costs that it incurs for all outside technical and professional expenses that it has incurred to date and which it will incur in the future arising out of the proposed development. These expenses do not incl ude internal administrative technical or professional services rendered by full-time employed staff. 21.2 Any amounts payable by the Owner hereunder, if not paid when due, shall form a first lien and charge on the lands described in Schedule "A", and may be collected in the same manner as realty taxes. 22 . Q.CCUPANCI 22.1 The Owner agrees that a Final Inspection shall be completed by the Corporation's Chief Building Official and any and all deficiencies associated with this final inspection shall be remedied to the satisfaction of the Corporation prior to occupying the premises. The Owner acknowledges and agrees that no occupancy shall take place prior to the fulfilment of any remedial work associated with the aforesaid final inspection. 23. IHDEMHIlI 23.1 This Agreement and the prov1s10ns hereof do not give to the Owner of any person acquiring an interest in said lands (each hereinafter in this paragraph called "such persons") any rights against the Corporation with respect to the failure of any such person to perform or fully perform any obligation under this Agreement, or the failure of the Corporation to force any such person to perform or fully perform any such obligation under this Agreement or the negligence of any such person in the performance of the said obligation. All facilities and matter required by this Agreement shall be provided by the Owner to the satisfaction of and at no expense to the Corporation, and shall be maintained to the satisfaction of the corporation at the sole risk and expense of the Owner, and in default thereof and without limiting other remedies to the Corporation the provisions of Section 325 of the Municipal Act shall apply. ,23.2 If any matter or thing required to be done by this Agreement is not done in accordance with the provisions of this Agreement and such default continues, in addition to other remedies available to it, the corporation may direct that such matter or thing shall be done at the expense of the Owner, and the Corporation may recover at the expense incurred in doing it by action, the Owner hereby authorizes the Corporation to enter upon the said subject lands and do such matter or things. ~ " ",,",, d~ .' , - 8 - 24. LETTER OF CREDI~ 24.1 Prior to obtaining a Bui Iding Permit, the Owner agrees to provide a security to the Corporation in an amount as detai I ed in Schedul e "D" by way of cash, or an irrevocable Letter of Credit in a form acceptable to the Corporation which shall have an initial expiry date no sooner than one year following the issuance of the building permit. The purpose of this security is to ensure the provision of all matters and facilities required pursuant to this Agreement and in particular Sections 2.7 and 2.8 hereof and to ensure other applicable municipal requirements shall be met within the prescribed period of time. Such security shall be refunded to the Owner without interest upon satisfaction of the Final Inspection. Upon non-completion within the time period set out in this Agreement, the Owner herein irrevocabl y agrees the securi ty shall be forfeited absolutely to the Corporation as liquidated damages and not as penalty. The irrevocable Letter of Credit shall be set out as in Schedule "D" to this Agreement in an amount of not less than $ 25. ADDITIONAL PERMITS 25.1 The Owner acknowledges that the Corporation by approving the site plans, and entering into this Agreement, does not rei ieve the Owner from the requirements of obtaining: (a) any permi t that may be requi red from the Saugeen Valley Conservation Authority and/or Ministry of Natural Resources and/or any other conservation authority; (b) any building permit that may be required by the Chief Building Official; or any permit or licence that may be required by any other agency including any government appointed regulatory body; (c) the Owner shall file with the Township, a written acknowledgment from the County of Bruce, confirming that the County does not require the Owner to complete any items referred to in Section 41(8) of the Planning Act, 1990 before the proposed development can proceed. (1) 25.2 Any release given by the Corporation from the terms of this Agreement is a release from the matters that are of interest to the Corporation and is not to be construed as a release from any other such authority, office or agency. ~. .:;&:&,,,,- .. , ,I - 9 - 26. TERMINATION OF AGREEMENT 26.1 If this Agreement is automatically terminated, the Corporation is deemed to have withdrawn its consent to the proposed development and no further work shall be done on the subject lands until the Owner has entered into a further Site Plan Agreement. No liability or other duty of any kind shall be imposed on the Corporation requiring it to carry out any part of this Agreement that it is required to carry out herein that has not been completed at the time of termination. The Corporation is under no obligation to return any money paid under this Agreement. All money owing to the Corporation by the Owner to the date of termination will be paid forthwith on demand. 26.2 Notwithstanding anything contained herein to the contrary, if the Owner is delayed in substantially completing the construction of any work or facility required by this Agreement by any act beyond the Owner's rea~onable control and without limiting the generality of the foregoing including unavailability of a building permit, adverse weather conditions, labour disputes, strikes and lockouts, national shortages, acts of God or the Queen's enemies, riots, insurrection or damage by fire, lighting or tempest, the time for completion shall be extended by a period of time equal to such delay. 27. MORTGAGEE'S COVENANTS 27.1 The Mortgagee hereby postpones its interest as Mortgagee under a mortgage registered on the day of , 1994, as Number to the terms of this Agreement. 27.2 The Mortgagee shall not be required, in its capacity as mortgagee: (a) to install any works and services that have not been installed by the Owner; (b) and to to complete the installation of any works services that the Owner has started install, but not completed; or (c) to correct any deficiencies in works and services improperly installed by the Owner. 28. tiOTICES 28.1 Any notices required or permitted to be given under this Agreement shall be in writing and may be served eithei personally or by mailing such notice by registered mail postage prepaid or if the postal service has been disrupted for any reason, by delivering such notice by a prepaid courier service as foll ows: The Corporation of the Township of Bruce c/o Clerk-Treasurer R. R. '3 Tiverton, Ontario NOG 2TO " . . - 10 - 28.2 If any notice is mailed by registered mail, postage prepaid or sent by prepaid courier service as aforesaid, it shall be deemed to have been received by the party to whom it was mailed or sent on the second day following the day upon which it was received by one of Her Majesty's post offices or delivered to the courier service unless the second day ends on a Saturday, Sunday or legal holiday, in which case those days are not included in computing the two day period. Either party may, by notice to the other, designate another address in Canada to which notices mailed or delivered more than ten (10) days thereafter shall be addressed. 29. AGREEMENT RUNª--H1TH LAND 29.1 This Agreement shall inure to the benefit of the Corporation, its successors and as.signs. The benefi ts and the burden of the covenants, agreements, conditions and undertakings herein contained shall run with the land and are binding upon the land and upon the Owner and its successors and assigns. This Agreement is also binding upon the Mortgagee and its respec ti ve heirs, executors, administrators, successors and assigns. 30. GENDER AND NUMBER 30.1 In this Agreement, words importing the singul ar number include the. plural and vice versa and words importing the masculine gender include the feminine and neuter genders. " . , , - 11 - SIGNED, SEALED AND DELIVERED ) IN THE PRESENCE OF ) ) PER: ) SEAL OR WITNESS ) ) ) PER: DATE ) ) ) ) THE CORPORATION OF THE ) TOWNSHIP OF BRUCE ) ) ) PER: SEAL ) REEVE DATE ) ) PER: ) CLERK ) ) ) MORTGAGEE ) ) ) PER: ) ) SEAL ) PER: DATE ) ) ) """--. - Description of Property: Plan 281, Lot 2 . SCHEDULE "A" . --' ,'- -mr- . . - - - - w ,... . .. P....Ici"" "" ¡*' ¡'¿~"'I.~." I . . .. ~ .. 41 · .. Sh'1'I"WIC'I " . . ot .. * :",r--ll .. . . *' , .. .. .- \&' ... .. .. ,. . :* . I. I. . ~.... . '. .. .. · · ., ~... .. · .. .. . '. fl5 !' - * . · · .. '* .. · .. ... T,.ee.s .. .. ., ù · .- In '"Q · Ù *' ::¡: .- 9... - · = SiS" * · " .. .. ' . . '. ~jfi~T ~::~"'\1~%:''i!t~;;g'''':t.''[:i~F'têli0.:t@iI!+;1 ""," >->:;:w--.,.Y'. _ _ .,...:..:c.~_~~.~...c.. ~.,c-:;:~_.--~_0.-_~.~..'..". _",c- M-c-_c-:"_~..H_.,....,~,,_.'.m_~""___",, '~i¡~ ;~~~&I~l.1¡iil~~%t~.tt~:~;;;·.¡t;}j1~~~~ '. e - ..... '" . . .. O'. ... .. . oc.aI.. Af'I"""'. 1'=30' COL\NtY ROAD 15 SCHéDlAL£ "B" - SJ"C€ PLAN PLAN A .." Ç) . '" ~ ~ Ii: ... ;!'. ,,," ~ [F-~- ... fI1 ~ ~ I, ,t~ ~ .~~ -.., T1\. i¡¡ W, SCHEDULE " .. PAGE 1 , . . \ [] [J ~ .' " \ ,ç:t \ ~/ I ~~~~, ,-- ~ . // ~'- "'íl!~ç. 1-: -_.~ ~. ~~..'~, _ l ~~ ~ ~ ~ ~ L °rn-o"'O 'T\1l) ~ ~ r.\ '-, )\~¡¡;ñ:& ~~~ .,~ ~~ ~ ~ \' ~ ~ ~ ;Þ ~ ~ Jb ! .~ U'~' ,- -;., IT- W. n: I -'\ '-Çn ," \\ 'W ~ ~ I" t'. ,~ ",.j '''J .... _0 <:> . ). "', ." "" ...\ ,.y ~ \: ~; ( , .~ f':o ··1 ~\];t!) b . . . \ ,-." (V 'h ~ ,":"" \1 ";_,I'¡:) ·r-.Ç) t.:: 2i .'\ ~. q ,,~ ;~ -":\ L1 I;:~ ~ (~ ~ ~~ h ill ~ .~~ -j v' /tJ > -"''''() f I' .. :: t.) . Iv g o '" ~ -¡ -, "" .- . . ..... - -- " ---.-'-- . ',,\' , I . .. ;: . "I -- C _.-- '---1" - ~ , ..-.. - ..-...- -' - ¡.....-.-.-.- ._.- I ~ ,. 0 I . . " -~ - ~ ~~ " - ...' , T -+ "'I 4,'" ~ §~~ éO " '-.J.:- ..........--:-~. . ... oq -ð.- --. . 0(1 l' . t ,,'.. J"" , '."- "'- _.... (;) .. . II; -- +.- .. ¡;. "" ó C\ \ OJ' ó' ... It " ~/I" 0 , -{ '"1' .g ';f> ~ ... 0', ~ ~ Q' - -, ~ ... L1 " 0 . ( ~ -¡. ,.. " '" ~ ",- . t) .... 7'1\7\ (') ¥. 6 §~ f: 1ti ~ . '10 ,... 'y E: "~ ~~ \1\ I~ .... ¡;~ "',. '11\11 ',1 f' --, .. JRé_J'::1"';,/,(/f...a:o lïr7/...:; .<17 "1:0". _ C-W Cf.;/W CJé S' r /1.2 f> /7 ('II ~ "" .. ) Q 'if ð &II ~ä ~ '" ~~ # ~ ~ ~. r- I, ... ... \-- > "" o' 'V " o _.1_1 ., ~. ~ . ~, , . IRREVOCABLE LETTER OF CREDIT REQUIRED FORM Amount: Letter of Credit Bo. Initial Expiry Date: TO: THE MOIfICIPAL CORPORATION OF fBE TOWNSHIP 01' BRUCE ADDRESS: R. R. '3, Tiverton, Ontario, NOG 2TO ME HEREBY AUTHORIZE YOU 'l'O DRAW ON THE (Name of Bank) for the account of (Name of customer) --..._----- UP TO AN AGGREGATE AMOUNT 01' (Dollarli ($ ) available on demand. . 'Pursuant to the request of our customer: we the (Name of Bank) hereby establish and give 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 yoursel f and the said customer to make such demand, and without recognizing any claim of our said customer, or object by it to payment by us. THE LETTER 01' CREDIT we understand relates to Municipal se~vices and obligations pursuant to an Agreement between the customer and the Municipality and referred to as -(Ñame--õfpÎ:o ject)--- THE AMOUNT of this Letter of Credit may be reduced from time to time as advised by notice in writing to the undersigned from lime to time by the Corporation of the Township of Bruce. THE LETTER OF CREDIT shall be deemed to be automatically extended without amendment from year to year from the expiry date refer,red to above without any necessity of notification to the bank by the Municipal Corporation of the Township of Bruce. This Letter of Credit DIaY only be cancelled upon delivery to the bank of a certified resolution of the Council of the Township of Bruce confirming the cancellation of this Letter of Credit. Dated at , ontario this day of , 1994. COUNTERSIGRED BY: -- ~-_.__..._- (Name of Bar.k) Per: __.__.__________.__. .0__.__--.-- ,- r=-~--'--- - V ~Pl'OVinCe ,.~ "! - DVl! a DUllHAM co, INC.-Fonn NO. 986 ~ NOV. 1"2 3\0131 ~ Number -- CERTIFICATE OF REGISTRATION Document General fonn 4 - Land Reglstndlon Reform Act (1) Reglatry [il l8nd T..... 0 T (2) Page 1 of 1 ~ pages (3) Property Block property ldenllllef(') o J Additional: See 0 Schedule . (4) Nature of Document >- ..J Z o w tJ) :::l W u ii: II.. o a: t( BRUCi No.3 WALKEFlTON '" .. /,-.., -- -~ -- '\7 Land Registrar Site Plan Agreement (5) COI1IICtM'''lon NIL----------------------oollal'9 $0.00 (6) Deecrlptlon Lot 2, plan 281, Township of Bruce, . - .95 MPP 21 n1: :30 County of Bruce. New Property Identifiers Additional: See 0 Schedule Ex o (7) Thll Document eon..... (a) Redelcriptlon New Easement PlanlSketch (b) Schedule for: Additional: See Schedule o Additional Description 0 Parties 0 Other ~ (8) Thll Document provides .. follo\ft: See Site Plan Agreement attached. Continued on Schedule o ) I (I) Thll Document ,...... 10 lnelrumenl number(.) (10) PIrty(IeI) (Set out Status or Interest) Name(l) Date of Signature Y M 0 THJ:: CORPORATION OF THE TOWNSHIP OF BRUCE i ! i . .. ..... '" . '" '" . . '" '" . '" .. t . I . '" .. I '" .. . . .. '" . .. . . . . . . . . . .. ........... '" . . '" . '" . . . . . .. . . . . . . . .. . .. . . I .. . . . . I. . .i. .. I . fl !, b.y,. it.s. .E$QJ.;i.C.i:1;.9~. ~~Qrg~. .c;~. ~.a.9'!99~...... ., ~~......,. ~ - ~ ..! ~.9.~~ i ~.3.i.?~ . C. .{e: r Ila (.1( -to.~. .) . . . . . . . . . . . . . . . . . . . . . . .. .................................!..... i . . .!. . . I I I I I : i Slgnature(s) (11) Addr... for Servfce R R l~ "'~ (12) Perty(I..) (Set out Status or Interest) Name(l) nn.....--.:,.., NOG 2TO Slgnature(s) Date of Signature Y M 0 ; I; I " , " , 'I t .. . . . . . . . . .. . . . . . .. . . . .. . . t . t t .. . . . . t . r . . . . .. ~ . . "I. . . , " .1 i i I : i . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L . . . . . ~ .. . _,. .. t , " , " , ., , " , " , 'I . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . , . .. L .. .. . . . ~ . . .. I" .. .. . " I I I iI, , : .Cll1. .'I.TON... .i<:rLt'l~................. . (. 0 W.L1..~ l!', ) .. . . . .. . . . . . .. . . . . .. . . . . .. .. . . .. . . . . t .. . .. . . . . . . . . .. . . . . . . . . . .. . .. . . . . . . . . . . . . . (13) AcIdrea. 6 / for Service l C{ r;,rl i 5 (14) Munlcfpal Add,... 01 Property Not assigned Ovz fpv/G/ (15) Document Prepared by: George C. Magwood WAECHTER, MAGWOOD, VAN DE VYVERE & THOMPSON 215 Durham Street Walkerton, Ontario NOG 2VO II i Fees and Tax ~ ~ Registration Fee ..so . on w II) :::l W o ii: II.. o a: o l'ti I To.., -6-D-O ()