Loading...
HomeMy WebLinkAboutBRU 87 019 agree boiler beach THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 87-19 BEING A BY-LAW to enter into an amendment to an agreement with Boiler Beach Park Limited. WHEREAS the Planning Act 1983, Chapter 1, Subsection 50 (6), authorizes that a Municipality may enter into agreements for subdivision purposes. AND WHEREAS the Corporation of the Township of Bruce has entered into an agreement, dated April 28, 1986 with Boiler Beach Park Limited and it is deemed expedient to amend certain provisions of the said agreement. NOW THEREFORE the Council of the Corporation of the Township of Bruce enacts as follows: (1) That the Corporation of the Township of Bruce enter into an amendment substantially the same as attached Schedule "A" to the agreement with Boiler Beach Park Limited, dated April 28, 1986. (2) That the Reeve and Clerk be authorized and empowered and directed to execute the amendment, a copy which is attached hereto, and forms part of this By-law as Schedule "A" . By-law introduced and read a First time this TWENTY-NINTH day of APRIL, 1987. By-law read a Second time this TWENTY-NINTH day of APRIL, 1987. By-law read a Third time and finally passed, signed, sealed, and numbered 87-19 this TWENTY-NINTH day of APRIL, 1987. -- fi:f~ !t~J/ m L RE~ SEAL THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 87-19 PAGE 2 SCHEDULE "A" This agreement made in quadruplicate on the 1987. day of April, BET WEE N: Boiler Beach Park Limited, hereinafter called the "Developer" - and - The Corporation of the Township of Bruce, hereinafter called the "Municipality" WHEREAS the Developer and the Municipality entered into an Agreement (hereinafter the "Master Agreement") dated the 28th day of April, 1986, registered in the Land Register of Bruce No. 3 as number 16633, which agreement established the procedures, obligations and responsibilities of the parties in the development of land in the Municipality and now registered as Plan 3M-113; matters be development; AND WHEREAS the Developer has requested that certain varied to assist in the commencement of the NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of One Dollar ($1.00) now paid by each party to the other and in consideration of the mutual covenants contained herein the parties hereto covenant, promise and agree each with the other as hereinafter provided. l(a) "and/or the now reads: Section 1.B. is amended by deleting the words issuance of building permits" so that the agreement "B. Prior to constructing any of the works the Developer shall:" and the clauses (a) and (b) of Subsection l.B. remain unamended. l(b) Sub-clauses (c)(vi), are deleted. (vii), (viii) be and the same 2. following: Subsection l.C. is deleted and replaced with the . "C. Prior to the issuance of a building permit and/or the conveyance of a lot or lots, the Developer shall: THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 87-19 (SCHEDULE "A") PAGE 3 a) have registered easements in favour of the Municipality over the lot or lots to be conveyed and/or the subJect of an application for a building permit and cause to be registered in the Land Registry Office in respect to the subJect lot or lots a site plan agreement containing among other things a stormwater management plan approved by the Ministry of Environment. b) have obtained from the Municipality's Engineer a Certificate that services have been provided to at least supply road access to the subJect lot or lots; c) have paid to the Municipality the lot levy as provided in Section 34 of this agreement." 3. Section 9. Performance Security as set out in the Master Agreement is deleted and replaced with the following: 9. Performance Security (a) The Developer shall deliver to the Municipality a mortgage on Lot 2, Plan 3M-113 in form satisfactory to the Municipality's counsel which mortgage shall represent the performance security for the work contemplated in Stage I of the Bruce Energy Centre as set out in Schedule "A" to this agreement. It is understood and agreed that prior to commencing the work in Stage II as set out in Schedule "A" or any works not referred to in the said Schedule, the Developer's Engineer shall provide to the Municipality a revised estimate of the cost of the proposed work and re- negotiate the additional security or alternate security to be given to the Municipality. (b) Upon the completion of Stage I the Municipality's Engineer may issue a Certificate of Completion and the Clerk of the Municipality upon receipt of such certificate shall provide a discharge of the security unless the security is also pledged for security of work in addition to work specified in Stage I. . 4. Section 48 of the agreement shall be amended by adding thereto the following sub-section: (c) The Developer's Engineer has caused to be prepared a Stormwater Management Report and Plan dated January 23, 1987, which has been approved by Saugeen Valley Conservation Authority, Ministry of Natural Resources and Ministry of the Environment. The said Report and Plan provides design criteria for site specific stormwater management plans and grading requirements. Prior to the THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 87-19 (SCHEDULE "A") PAGE 4 issuance of a building permit each lot for which a building permit is requested shall have a site specific stormwater plan approved by the Ministry of the Environment after first being approved by Saugeen Valley Conservation Authority and Ministry of Natural Resources. 5. The Municipality has received communication from Ontario Hydro that it has no interest in entering into the agreement referred to in section 52 of the master agreement and in fact has an agreement with the Developer in respect to the matters contained in subsections 52(a), (d) and (e) and Ontario Hydro has provided confirmation that it will assume all cost for the matters referred to in subsection 52(b) and (c), it is agreed that section 52 of the agreement be and it is therefore deleted from the master agreement. 6. execution of the title to The this each Developer shall immediately following the agreement cause the same to be registered upon of the lots and blocks within the Plan 3M-113. 7. This agreement shall be read and construed at all times with the master agreement dated April 28, 1986 and where any provisions in the master agreement conflict with the provisions of this agreement, the provision of this agreement shall prevail. 8. the master of and be successors This agreement and everything agreement as hereby amended shall binding upon the parties hereto and assigns. contained herein and enure to the benefit and their respective IN WITNESS WHEREOF their corporate seals attested officers duly authorized so to do. the by parties hereto have fixed the hands of their proper BOILER BEACH PARK LIMITED Per: THE CORPORATION OF THE TOWNSHIP OF BRUCE Per: Reeve Clerk .