THE CORPORATION OF THE TOWN OF MONO BYLAW NUMBER

Transcription

1 THE CORPORATION OF THE TOWN OF MONO BYLAW NUMBER BEING A BYLAW TO AUTHORIZE THE TOWN OF MONO TO ENTER INTO A SUBDIVISION (PRE-SERVICING) AGREEMENT BETWEEN ONTARIO LIMITED (Masters Creek) AND THE TOWN OF MONO The following is some of the background upon which this bylaw is based: Ontario Limited (hereinafter referred to as the "Owner") is the owner of the lands described as Part of Lot 7, Concession 2 WHS, in the Town of Mono; These lands have received draft Plan of Subdivision (hereinafter referred to as the "Plan") approval; The Owner has received approval from the Town of Mono (hereinafter referred to as the "Town) to undertake certain works and services on the subject lands and where applicable, on adjacent Town lands; The Owner has requested that the Town enter into a Subdivision (Pre-Servicing) Agreement prior to the completion and execution of the Subdivision (Comprehensive) Agreement between the Owner and the Town; The Owner and the Town have agreed that the required Subdivision (Pre-Servicing) Agreement should be in substantially the same form as the Agreement that forms Schedule "A" hereto: NOW THEREFORE THE CORPORATION OF THE TOWN OF MONO BY ITS MUNICIPAL COUNCIL ENACTS AS FOLLOWS: (1) The Head of Council and Clerk are hereby authorized to sign and execute the Subdivision (Pre-Servicing) Agreement, in substantially the same form as attached as Schedule "A" hereto; (2) AND FURTHER THAT the Head of Council and the Clerk are hereby authorized to execute the Subdivision (Pre-Servicing) Agreement. This by-law shall not become effective until approval of the Council of the Town of Mono. BYLAW READ A FIRST AND SECOND TIME THIS lzth DAY OF SEPTEMBER, BYLAW READ A THIRD TIME AND PASSED THIS lzh DAY OF SEPTEMBER, 2006.

2 Subdivision (Pre-Servicing) Agreement Subdivision File No: 22T Name of Subdivision: Masters Creek THIS AGREEMENT made this day of September, BETWEEN: ONTARIO LIMITED ("Owner") Party of the FIRST PART THE CORPORATION OF TIIE TOWN OF MONO ("Town") Party of the SECOND PART WHEREAS the Owner is the owner of the lands described as Part of Lot 7, Concession 2 WHS, in the Town of Mono and which lands are more specifically described in Schedule "A" to this Agreement (the "Subject Lands"); AND WHEREAS the Subject Lands have received draft Plan of Subdivision approval, which draft Plan of Subdivision (the "Plan") is as shown on Schedule "B" to this Agreement; AND WHEREAS the Owner has received approval from the Town to undertake certain works and services (the "Private Works and Services") on the Subject Lands and where applicable, on adjacent Town lands pursuant to the provisions of this Subdivision (Pre-Servicing) Agreement (the "Agreement"), and which Works and Services are as shown on drawings listed as Schedule "En to this Agreement; AND WHEREAS section 51 (25)(d) of the Planning Act provides authority for the Town to require the Owner to enter into agreement(s) prior to obtaining final approval; AND WHEREAS section 51(26) of the Planning Act provides that such agreement@) may be registered on the title of the land to which it applies and that the Town is entitled to enforce the provisions of the Agreement against the Owner and any subsequent owners of the land; AND WHEREAS the Owner has requested that the Town enter into this Subdvision (Pre-servicing) Agreement prior to the completion and execution of the Subdivision (Comprehensive) Agreement between the Owner and the Town; NOW THEREFORE in consideration of the Town granting the Owner permission to commence installation of the Private Works and Services prior to the execution of Subdivision (Comprehensive) Agreement between the parties and in consideration of the mutual covenants, agreements and promises herein contained and the sum of two dollars ($2.00) of lawful money of Canada now paid by each of the parties to the other (the receipt and sufficiency of which are hereby acknowledged), the parties hereto covenant and agrees as follows, including agreeing that the above recitals are true: This Agreement shall remain in full force and effect until such time as all of the obligations herein have been fulfilled or this Agreement is incorporated into and subsumed by the Subdivision

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