THIS AGREEMENT made this __ day of ____________, 20___.
B E T W E E N: Owner (hereinafter called "Owner”)
- and –
THE CORPORATION OF THE TOWNSHIP OF SPRINGWATER
(hereinafter called the "Township")
NOW WHEREAS Owner is the Owner of the property located in Part of Lot ___,
Concession ____, Township of Springwater, as more particularly described in Schedule
‘A’ identified as ____________________ and hereafter referred to as the “Property”
AND WHEREAS Owner will be responsible to co-ordinate and oversee cut and fill
activities on the property;
AND WHEREAS The Township has enacted By-law 2007-053 being a bylaw to prohibit
or regulate the removal, placing or dumping of fill or the alteration of the grade of the
land within the Township of Springwater;
AND WHEREAS the owner has requested the Township issue a Cut and Fill Permit
based on the importation of a maximum of ___________ cubic metres of approved fill
and the Owner has agreed not to exceed this amount;
AND WHEREAS Owner has agreed not to contaminate or cause deleterious impacts on
the natural environment or adjacent properties and agrees to abide by all applicable
environmental laws and regulations including the Cut and Fill By-law 2007-053;
AND WHEREAS Owner agrees as a Condition of issuing a Cut and Fill Permit that
Owner will pay the Application Fee and provide the Cash Deposit and Security Deposit
calculated;
NOW THEREFORE THIS AGREEMENT between the parties hereto covenant, promise
and agree with each other as follows:
1.
Public information sessions and notification to neighbours will take place prior to
the start of work.
2.
Signs will be erected to inform the public of the work, including who to contact.
3.
Temporary Truck movement signs (TC-31) will be erected on all adjacent roads
as per Ministry of Transportation Book 7.
4.
Work shall begin ____________, 20__ and be complete by ___________, 20__.
5.
Dust control measures shall be in place so as not to allow for dust and debris to
be blown off site.
6.
Groundwater Sampling and monitoring wells shall be installed to locations
satisfactory to the Director of Public Works, or designate and in compliance with
O. Reg. 903.
7.
The haul route shall be designated as _______________________________
conditional to approval of the road authority. Proof of notification to all
municipalities and MTO shall be submitted
8.
Proof of agreements with and financial security for any other road authorities
and/or the Nottawasaga Valley Conservation Authority shall be provided.
9.
The financial security for performance and completion deposited to the Township
of Springwater in accordance with Section 10 of By-law 2016-__.
10.
The source and description of the material to be imported shall be supplied to the
Township in writing prior to the issuance of the permit.
11.
A detailed sampling and analysis plan to provide an appropriate and
representative soil analyses confirming the soil quality is acceptable for the
receiving site shall be submitted to the Township. The Owner shall be
responsible for the cost of any further testing at the receiving site, at the request
of the Township of Springwater.
12.
The name and CVOR for each hauler shall be submitted in writing to the
Township of Springwater prior to start.
13.
The limit on the daily number of trucks to haul material will be ____.
14.
A record keeping system shall be set up, by the Owner or designate to store
written documentation to track each incoming load, including date and time of
arrival, volume on each vehicle, confirmation from the QP that the load is
acceptable.
15.
There shall be no hauling under the following conditions:
16.
a.
Outside the hours of 7:00am to 7:00pm Monday to Friday,
b.
During or within 24 hours of precipitation at the site
c.
During high winds, when a wind warning is issued for Environment
Canada for the area known as “Barrie-Collingwood-Hillsdale”, or
d.
Any other applicable By-laws by any other road authority.
Inspection of erosion control measures shall take place at least once per week
and after each rainfall with copies submitted to Township upon completion.
17.
All imported material shall meet the standards set out in Table 1, of the Soil,
Ground Water and Sediment Standards referenced in O.Reg. 153/04, with
testing and sampling completed as outlined in the MOECC guidelines document
and as per O.Reg. 153/04. Fill consisting of soil that meets the standards set out
in Table 2 of the Soil, Ground Water and Sediment Standards referenced in
O.Reg. 153/04 may be considered on a case by case basis where the Owner
provides sufficient hydrogeological studies and such other studies as may be
required by the Director of Public Works or designate, to the satisfaction of the
Director, that the placing or dumping of such fill would not have a detrimental
effect on ground water.
18.
All work shall be carried out in accordance to the Township of Springwater Noise
By-law 2012-015.
19.
The owner agrees to hire a Qualified Person (QP) as outlined in section 5 of
O.Reg. 153/04 and the QP shall report to the Director of Public Works, or
designate on a regular basis that is acceptable to the Director.
20.
Owner hereby agrees to indemnify and save harmless the Township from any
action, claim, damages or loss whatsoever which may arise in connection with
the matters dealt with in the Agreement, including, without limiting the generality
of the foregoing, any liabilities arising out of the cut and fill activities conducted
on the Property or for the Township enforcing any of its By-laws or requiring
compliance from the Owner, in accordance with the Cut and Fill Management
Plan.
21.
Owner hereby agrees to take out and keep in force throughout the term of this
Agreement comprehensive insurance to cover liability in an amount not less than
$5,000,000 per occurrence against all claims including personal injury, death,
property damage and environmental damage resulting directly or indirectly from
the cut and fill activities on the property, which policy shall include the Township
as a named additional insured. Owner shall provide the Township a certificate
evidencing such insurance coverage prior to the Township issuing the Cut and
Fill Permit.
22.
Prior to the issuance of the permit, the Owner agrees to obtain all necessary
approvals, permits and acknowledgements from all other agencies with
jurisdiction (Planning Department, Nottawasaga Valley Conservation Authority,
County of Simcoe, Province of Ontario).
23.
Owner agrees to pay the Township the service fees for each cubic metre of fill
imported to the property as referenced in By-law 2016-__, as amended.
Payments to be made as a minimum in quarterly installments based on the
volume of fill imported during the previous quarter.
24.
The Owner agrees that no activity will commence prior to the issuance of a
permit as provided for in By-law 2016-__ and until all conditions of this
agreement have been met.
25.
The following schedules are part of this agreement:
a.
Property Details
b.
Cut and Fill Manangement Plan
c.
Certificate of Insurance
d.
Any other applicable requirements.
Dated at Midhurst, ON, this ______ day of ____________________, 20___.
Owner (print)
Director of Public Works, or
designate (print)
Owner (signature)
Director of Public Works, or
designate (signature)