Common use of Municipal Services Clause in Contracts

Municipal Services. (1) Preservicing may be permitted in accordance with Town policy approved by Town Council from time to time. The Owner acknowledges that if it preservices it is doing so entirely at its own risk (such risk to include the possibility of delay of plan registration, changes to the plan, or the possibility that the plan may never be registered) and agrees to save the Town harmless from any legal action arising therefrom. Should the plan not be registered expeditiously, the Owner will allow the Town to enter upon the lands constituting the plan to rehabilitate the site, such entry not to constitute trespass. (2) The Owner will, at its own expense, construct and install to the satisfaction of the Engineer, in accordance with the standard specifications and drawings of the Town in force at the date of this Agreement and with the drawings, calculations and specifications filed with the Town as required by its subdivision engineering regulations and approved by the Engineer; (a) the roads, sidewalks and site work described in Schedule “B”; (b) the storm sewers described in Schedule “C”; (c) that part of the street lighting and the electrical distribution system being installed by the Owner as described in Schedule “F”; (d) the drainage and erosion control works described in Schedule “G”; (e) the landscaping work described in Schedule “H”; (f) any special works required by this Agreement. (3) The electrical distribution and street lighting system shall be installed to Oakville Hydro Electricity Distribution Inc.’s current standards those parts of the street lighting and electrical distribution system described in Schedule “F”, and such installation shall be subject to the terms of Schedule “F”. The Owner shall: (a) pay to Oakville Hydro Electricity Distribution Inc. all costs incurred by Oakville Hydro Electricity Distribution Inc. in respect of this construction by the Owner; (b) reimburse Oakville Hydro Electricity Distribution Inc. for all costs related to Oakville Hydro Electricity Distribution Inc.’s construction of any portion or portions of the street lighting and electrical distribution system made necessary by the development which is the subject of this Agreement. (c) compensate the Oakville Hydro Electricity Distribution Inc. for all expenses incurred by the Oakville Hydro Electricity Distribution Inc. for repair to any of its equipment or plant damaged during the period of construction of buildings or services within the subdivision; and (d) notify the Engineer two weeks prior to laying sub-base on any road in order that he may arrange for installation of road crossings. There is no assurance that the Oakville Hydro Electricity Distribution Inc. will have a permanent distribution system for the supply of construction power when required. Should construction power be required prior to the installation of the permanent distribution system, the Owner will bear the additional cost to install and remove the necessary temporary plant or equipment.

Municipal Services. a. Pursuant to §63H-1-201(3)(q) of the MIDA Act, for any property in the Hideout Zone, Hideout shall provide normal and customary municipal services which it currently or in the future provides to other land within Hideout, including, but not limited to, police protection, snow removal on Hideout owned roads, maintenance of Hideout owned roads and other Hideout owned rights-of-way, animal control, flood control of public properties, road grading permits and inspections; building permits, inspections, and certificates of occupancy, business licenses, courts and prosecution, (1) Preservicing may collectively, the “Municipal Services”). This provision shall not obligate Hideout to provide any service to the Hideout Zone which Hideout does not provide to other areas within the municipal boundaries of Hideout. b. The Parties recognize that some municipal type services, including the providing of water, sewer, wastewater treatment, refuse collection, and fire protection, are not provided by Hideout but are provided by separate service districts, which are separate and distinct legal entities and political subdivisions of the state (“Service Districts”). MIDA has entered into separate agreements with the existing Service Districts for the provision of services by the applicable Service District. In the event any service currently provided by Hideout is hereafter transferred to a Service District that has an interlocal cooperation agreement with MIDA, MIDA understands and agrees that such service will no longer be permitted provided to the Hideout Zone by Hideout. If a new Service District is created, then the cost of the service provided by the new Service District shall be deducted from the Municipal Services Revenue Fund proceeds paid to Hideout, as provided in accordance with Town policy approved Section 6, and the deduction shall be used to offset the new cost to the property owners imposed by Town Council from time the new Service District for the same level of service provided prior to timethe creation of the new Service District. The Owner acknowledges that offset shall not apply to the cost of for an enhanced level of service provided by the new Service District. Subject to the foregoing, the offset shall be determined by Hideout Mayor and the MIDA Executive Director. MIDA will not create a new Service District within the Hideout Zone without the consent of Hideout. c. Subject to the terms of this Agreement, MIDA may provide if it preservices elects, but shall have no responsibility to provide, Municipal Services in the Hideout Zone; provided, however, MIDA shall provide financial remuneration to Hideout for Municipal Services provided by Hideout from the Municipal Services Revenue Fund (defined below), as provided in Section 6 hereof. Such remuneration shall be payable only from the Municipal Services Revenue Fund, which revenue shall be collected solely from property in the MRF Project Area that is located in the Hideout Zone at the time it is doing so entirely at its own risk (such risk to include collected. Notwithstanding the possibility foregoing, however, MIDA will not provide any Municipal Services which Hideout is providing as of delay of plan registration, changes to the plan, or the possibility that the plan may never be registered) and agrees to save the Town harmless from any legal action arising therefrom. Should the plan not be registered expeditiously, the Owner will allow the Town to enter upon the lands constituting the plan to rehabilitate the site, such entry not to constitute trespass. (2) The Owner will, at its own expense, construct and install to the satisfaction of the Engineer, in accordance with the standard specifications and drawings of the Town in force at the date of this Agreement without Hideout’s consent, except pursuant to the provisions set forth in Section 5(h) below. d. For those portions of the Hideout Zone, with respect to which Hideout is providing Municipal Services as provided in this Agreement, Hideout’s rules, ordinances and regulations applicable to the provision of such Municipal Services shall be those rules, ordinances and regulations adopted by Hideout and in effect as of the date of this Agreement or hereafter adopted, amended or modified by Hideout. MIDA shall take such actions as are necessary to formally adopt such rules, ordinances and regulations as the applicable regulations for the Hideout Zone to the extent required by the MIDA Act. Notwithstanding the foregoing, Hideout will only be required to provide the Municipal Services at the same level as to other areas of Hideout. e. No fees or generally applicable taxes shall be levied by Hideout or payable by MIDA or any property owner within the Hideout Zone with respect to Municipal Services except for those taxes to be placed in the Municipal Services Revenue Fund as contemplated by Section 6 hereof or as otherwise provided for herein. f. Hideout shall not discriminate with respect to the provision of Municipal Services to the property, businesses, or residents of the Hideout Zone but shall provide the Municipal Services to the Hideout Zone in substantially the same manner and to the same extent that Hideout provides such Municipal Services to the balance of Hideout. Nothing in this Agreement shall be construed to prohibit Hideout from adding additional Municipal Services after the Effective Date of this Agreement as it deems appropriate, provided, however, that such additional services must also be provided to the Hideout Zone in accordance with the drawingsterms of this Subsection (f). g. Hideout shall indemnify, calculations release, and specifications filed hold MIDA harmless from any and all claims, damages, suits, liabilities, and attorney’s fees of whatever nature (collectively, “Claims”) which may arise from Hideout’s control and provision of the Municipal Services but only to the extent that Hideout would have liability for such Claims absent the existence of MIDA and the MRF Project Area. MIDA shall indemnify, release and hold Hideout harmless for any and all Claims which arise out of MIDA’s reversal of a Hideout Final Land Use Decision as set forth in Section 8 and any Municipal Services MIDA provides. h. In the event that Hideout does not timely provide any of the Municipal Services to any portion of the Hideout Zone in accordance with the Town as provisions of Section 5 above and applicable law, MIDA shall have the right upon a minimum of sixty (60) days prior written notice to Hideout, to: (i) remove, in whole or in part, the Municipal Services for the Hideout Zone from Hideout’s obligations under this Agreement, and to have such Municipal Services provided by another service provider; or (ii) supplement, in whole or in part, such Municipal Services with another provider. The required by its subdivision engineering regulations notice which MIDA must provide at least sixty (60) days prior to implementing either (i) or (ii) above, shall outline in reasonable detail the facts and approved by other reasons for MIDA’s assertion that Hideout has failed to perform. Hideout shall thereafter have the Engineer; opportunity to cure the issues raised in MIDA’s notice or contest the assertions in the notice. If, following such sixty (a60) the roadsday cure period, sidewalks and site work described in Schedule “B”; MIDA exercises remedies (bi) the storm sewers described in Schedule “C”; or (c) that ii), above, Hideout shall not receive any part of the street lighting and the electrical distribution system being installed Municipal Services Revenue Fund which are used by the Owner as described in Schedule “F”; (d) the drainage and erosion control works described in Schedule “G”; (e) the landscaping work described in Schedule “H”; (f) MIDA to provide for any special works required by this Agreement. (3) The electrical distribution and street lighting system shall be installed to Oakville Hydro Electricity Distribution Inc.’s current standards those parts of the street lighting and electrical distribution system described in Schedule “F”, and such installation shall be subject to Municipal Services under the terms of Schedule “F”this Subsection 5(h). The Owner shall: (a) pay In addition, MIDA reserves the right, without cost to Oakville Hydro Electricity Distribution Inc. all costs incurred by Oakville Hydro Electricity Distribution Inc. in respect of this construction by the Owner; (b) reimburse Oakville Hydro Electricity Distribution Inc. for all costs related to Oakville Hydro Electricity Distribution Inc.’s construction of Hideout and without any portion or portions loss of the street lighting and electrical distribution system made necessary by the development which is the subject of this Agreement. (c) compensate the Oakville Hydro Electricity Distribution Inc. for all expenses incurred by the Oakville Hydro Electricity Distribution Inc. for repair to any of its equipment or plant damaged during the period of construction of buildings or services within the subdivision; and (d) notify the Engineer two weeks prior to laying sub-base on any road in order that he may arrange for installation of road crossings. There is no assurance that the Oakville Hydro Electricity Distribution Inc. will have a permanent distribution system for the supply of construction power when required. Should construction power be required prior to the installation portion of the permanent distribution systemMunicipal Services Revenue Fund, the Owner will bear the additional cost to install supplement any Municipal Services itself or through a third-party service provider at any time and remove the necessary temporary plant or equipmentfrom time to time.

Municipal Services. (1) Preservicing may be permitted in accordance with Town policy approved by Town Council from time to time. The Owner acknowledges that if it preservices it is doing so entirely at its own risk (such risk to include the possibility of delay of plan registration, changes to the plan, or the possibility that the plan may never be registered) and agrees to save the Town harmless from any legal action arising therefrom. Should the plan not be registered expeditiously, the Owner will allow the Town to enter upon the lands Land constituting the plan to rehabilitate the site, such entry not to constitute trespass. (2) The Owner will, at its own expense, construct and install to the satisfaction of the Engineer, in accordance with the standard specifications and drawings of the Town in force at the date of this Agreement and with the drawings, calculations and specifications filed with the Town as required by its subdivision engineering regulations and approved by the Engineer; (a) the roads, sidewalks and site work described in Schedule “B”; (b) the storm sewers sewer facilities described in Schedule “C”; (c) that part of the street lighting and the electrical distribution system being installed by the Owner as described in Schedule “F”; (d) the drainage and erosion control works stormwater management facilities described in Schedule “G”; (e) the landscaping work described in Schedule “H”; (f) any special works required by this Agreement. (3) The electrical distribution and street lighting system shall be installed to Oakville Hydro Electricity Distribution Inc.’s current standards those parts of the street lighting and electrical distribution system described in Schedule “F”, and such installation shall be subject to the terms of Schedule “F”. The Owner shall: (a) pay to Oakville Hydro Electricity Distribution Inc. all costs incurred by Oakville Hydro Electricity Distribution Inc. in respect of this construction by the Owner, as identified in Schedule “F”; (b) reimburse Oakville Hydro Electricity Distribution Inc. for all costs related to Oakville Hydro Electricity Distribution Inc.’s construction of any portion or portions of the street lighting and electrical distribution system made necessary by the development which is the subject of this Agreement., as identified in Schedule “F”; (c) compensate the Oakville Hydro Electricity Distribution Inc. for all expenses incurred by the Oakville Hydro Electricity Distribution Inc. for repair to any of its equipment or plant damaged during the period of construction of buildings or services within the subdivision; and (d) notify the Engineer two weeks prior to laying sub-base on any road in order that he may arrange for installation of road crossings. There is no assurance that the Oakville Hydro Electricity Distribution Inc. will have a permanent distribution system for the supply of construction power when required. Should construction power be required prior to the installation of the permanent distribution system, the Owner will bear the additional cost to install and remove the necessary temporary plant or equipment.

Municipal Services. a. Pursuant to §63H-1-201(3)(q) of the MIDA Act, for any property in the Hideout Zone, Hideout shall provide normal and customary municipal services which it currently or in the future provides to other land within Hideout, including, but not limited to, police protection, snow removal on Hideout owned roads, maintenance of Hideout owned roads and other Hideout owned rights-of-way, animal control, flood control of public properties, road grading permits and inspections; building permits, inspections, and certificates of occupancy, business licenses, courts and prosecution, (1) Preservicing may collectively, the “Municipal Services”). This provision shall not obligate Hideout to provide any service to the Hideout Zone which Hideout does not provide to other areas within the municipal boundaries of Hideout. b. The Parties recognize that some municipal type services, including the providing of water, sewer, wastewater treatment, refuse collection, and fire protection, are not provided by Hideout but are provided by separate service districts, which are separate and distinct legal entities and political subdivisions of the state (“Service Districts”). MIDA has entered into separate agreements with the existing Service Districts for the provision of services by the applicable Service District. In the event any service currently provided by Hideout is hereafter transferred to a Service District that has an interlocal cooperation agreement with MIDA, MIDA understands and agrees that such service will no longer be permitted provided to the Hideout Zone by Hideout. If a new Service District is created, then the cost of the service provided by the new Service District shall be deducted from the Municipal Services Revenue Fund proceeds paid to Hideout, as provided in accordance with Town policy approved Section 6, and the deduction shall be used to offset the new cost to the property owners imposed by Town Council from time the new Service District for the same level of service provided prior to timethe creation of the new Service District. The Owner acknowledges that offset shall not apply to the cost of for an enhanced level of service provided by the new Service District. Subject to the foregoing, the offset shall be determined by Hideout Mayor and the MIDA Executive Director. MIDA will not create a new Service District within the Hideout Zone without the consent of Hideout. c. Subject to the terms of this Agreement, MIDA may provide if it preservices elects, but shall have no responsibility to provide, Municipal Services in the Hideout Zone; provided, however, MIDA shall provide financial remuneration to Hideout for Municipal Services provided by Hideout from the Municipal Services Revenue Fund (defined below), as provided in Section 6 hereof. Such remuneration shall be payable only from the Municipal Services Revenue Fund, which revenue shall be collected solely from property in the MRF Project Area that is located in the Hideout Zone at the time it is doing so entirely at its own risk (such risk to include collected. Notwithstanding the possibility foregoing, however, MIDA will not provide any Municipal Services which Hideout is providing as of delay of plan registration, changes to the plan, or the possibility that the plan may never be registered) and agrees to save the Town harmless from any legal action arising therefrom. Should the plan not be registered expeditiously, the Owner will allow the Town to enter upon the lands constituting the plan to rehabilitate the site, such entry not to constitute trespass. (2) The Owner will, at its own expense, construct and install to the satisfaction of the Engineer, in accordance with the standard specifications and drawings of the Town in force at the date of this Agreement without Hideout’s consent, except pursuant to the provisions set forth in Section 5(h) below. d. For those portions of the Hideout Zone, with respect to which Hideout is providing Municipal Services as provided in this Agreement, Hideout’s rules, ordinances and regulations applicable to the provision of such Municipal Services shall be those rules, ordinances and regulations adopted by Hideout and in effect as of the date of this Agreement or hereafter adopted, amended or modified by Hideout. MIDA shall take such actions as are necessary to formally adopt such rules, ordinances and regulations as the applicable regulations for the Hideout Zone to the extent required by the MIDA Act. Notwithstanding the foregoing, Hideout will only be required to provide the Municipal Services at the same level as to other areas of Hideout. e. No fees or generally applicable taxes shall be levied by Hideout or payable by MIDA or any property owner within the Hideout Zone with respect to Municipal Services except for those taxes to be placed in the Municipal Services Revenue Fund as contemplated by Section 6 hereof or as otherwise provided for herein. f. Hideout shall not discriminate with respect to the provision of Municipal Services to the property, businesses, or residents of the Hideout Zone but shall provide the Municipal Services to the Hideout Zone in substantially the same manner and to the same extent that Hideout provides such Municipal Services to the balance of Hideout. Nothing in this Agreement shall be construed to prohibit Hideout from adding additional Municipal Services after the Effective Date of this Agreement as it deems appropriate, provided, however, that such additional services must also be provided to the Hideout Zone in accordance with the drawingsterms of this Subsection (f). g. Hideout shall indemnify, calculations release, and specifications filed hold MIDA harmless from any and all claims, damages, suits, liabilities, and attorney’s fees of whatever nature (collectively, “Claims”) which may arise from Hideout’s control and provision of the Municipal Services but only to the extent that Hideout would have liability for such Claims absent the existence of MIDA and the MRF Project Area. MIDA shall indemnify, release and hold Hideout harmless for any and all Claims which arise out of MIDA’s a cts and decisions regarding land use decisionsreversal of a H ideout Final Land Use Decision as set forth in Section 8 and any Municipal Services MIDA provides. h. In the event that Hideout does not timely provide any of the Municipal Services to any portion of the Hideout Zone in accordance with the Town as provisions of Section 5 above and applicable law, MIDA shall have the right upon a minimum of sixty (60) days prior written notice to Hideout, to: (i) remove, in whole or in part, the Municipal Services for the Hideout Zone from Hideout’s obligations under this Agreement, and to have such Municipal Services provided by another service provider; or (ii) supplement, in whole or in part, such Municipal Services with another provider. The required by its subdivision engineering regulations notice which MIDA must provide at least sixty (60) days prior to implementing either (i) or (ii) above, shall outline in reasonable detail the facts and approved by other reasons for MIDA’s assertion that Hideout has failed to perform. Hideout shall thereafter have the Engineer; opportunity to cure the issues raised in MIDA’s notice or contest the assertions in the notice. If, following such sixty (a60) the roadsday cure period, sidewalks and site work described in Schedule “B”; MIDA exercises remedies (bi) the storm sewers described in Schedule “C”; or (c) that ii), above, Hideout shall not receive any part of the street lighting and Municipal Services Revenue Fund , but only to the electrical distribution system being installed extent M XXX exercises such remedies which are used by the Owner as described in Schedule “F”; (d) the drainage and erosion control works described in Schedule “G”; (e) the landscaping work described in Schedule “H”; (f) MIDA to provide for any special works required by this Agreement. (3) The electrical distribution and street lighting system shall be installed to Oakville Hydro Electricity Distribution Inc.’s current standards those parts of the street lighting and electrical distribution system described in Schedule “F”, and such installation shall be subject to M unicipal Services under the terms of Schedule “F”this Subsection 5(h). The Owner shall: (a) pay In addition, MIDA reserves the right, without cost to Oakville Hydro Electricity Distribution Inc. all costs incurred by Oakville Hydro Electricity Distribution Inc. in respect of this construction by the Owner; (b) reimburse Oakville Hydro Electricity Distribution Inc. for all costs related to Oakville Hydro Electricity Distribution Inc.’s construction of Hideout and without any portion or portions loss of the street lighting and electrical distribution system made necessary by the development which is the subject of this Agreement. (c) compensate the Oakville Hydro Electricity Distribution Inc. for all expenses incurred by the Oakville Hydro Electricity Distribution Inc. for repair to any of its equipment or plant damaged during the period of construction of buildings or services within the subdivision; and (d) notify the Engineer two weeks prior to laying sub-base on any road in order that he may arrange for installation of road crossings. There is no assurance that the Oakville Hydro Electricity Distribution Inc. will have a permanent distribution system for the supply of construction power when required. Should construction power be required prior to the installation portion of the permanent distribution systemMunicipal Services Revenue Fund, the Owner will bear the additional cost to install supplement any Municipal Services itself or through a third-party service provider at any time and remove the necessary temporary plant or equipmentfrom time to time.