RELIANCE AGREEMENT PHASE I ENVIRONMENTAL SITE … planning/da-172704... · 2021. 3. 19. · Town...

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Golder Associates Ltd. 100, Scotia Court, Whitby, Ontario, Canada L1N 8Y6 Tel: +1 (905) 723 2727 Fax: +1 (905) 723 2182 www.golder.com Golder Associates: Operations in Africa, Asia, Australasia, Europe, North America and South America Golder, Golder Associates and the GA globe design are trademarks of Golder Associates Corporation. Dear Sir/Madame, 1213763 ONTARIO INC. and 1319399 ONTARIO INC. (the Clients”) have requested that Golder Associates Ltd. (“Golder”) entitle the Corporation of the Town of Oakville (the “Town”) to rely upon the environmental report (“Report”) referenced below prepared by Golder solely and exclusively for the Clients under contract dated October 20, 2016: Phase I Environmental Site Assessment, 2220 Marine Drive, Oakville, Ontario”, dated December 2016, Golder Project No.: 1409434 (5710). In order to facilitate the clients’ request and to establish privity between the Town and Golder, this reliance agreement, and any reliance on the Report, is conditioned upon the Town: (i) agreeing to the terms, conditions, and limitations stipulated in the attached General Terms & Conditions and in the Report; (ii) agreeing to only rely on the Report in its entirety; and (iii) providing consideration to Golder in the amount of $1. In the event that the Town does not agree with these conditions, which are pre-conditions to any reliance on the enclosures, please immediately return this letter with the enclosures attached. The scope and the period of Golder’s assessment are described in the Report, and are subject to restrictions and limitations. Golder did not perform a complete assessment of all possible conditions or circumstances that may exist at the site referenced in the Report. Conditions may therefore exist which were undetectable given the limited nature of the inquiry Golder was retained to undertake with respect to the site. Accordingly, additional environmental studies and actions may be required. In addition, it is recognized that the passage of time affects the information provided in such reports. Golder’s opinions are based upon information that existed at the time of the writing of the Report. It is understood that the services provided for in the scope of work allowed Golder to form no more than an opinion of the known conditions of the site at the time the site was visited and cannot be used to assess the effect of any subsequent changes in any laws, regulations, the environmental quality of the December 8, 2016 Project No. 1409434 (5710) Corporation of the Town of Oakville 1225 Trafalgar Road Oakville, Ontario L6H 0H3 RELIANCE AGREEMENT PHASE I ENVIRONMENTAL SITE ASSESSMENT, 2220 MARINE DRIVE, OAKVILLE, ONTARIO

Transcript of RELIANCE AGREEMENT PHASE I ENVIRONMENTAL SITE … planning/da-172704... · 2021. 3. 19. · Town...

Page 1: RELIANCE AGREEMENT PHASE I ENVIRONMENTAL SITE … planning/da-172704... · 2021. 3. 19. · Town does not agree with these conditions, which are pre-conditions to any reliance on

Golder Associates Ltd.

100, Scotia Court, Whitby, Ontario, Canada L1N 8Y6 Tel: +1 (905) 723 2727 Fax: +1 (905) 723 2182 www.golder.com

Golder Associates: Operations in Africa, Asia, Australasia, Europe, North America and South America

Golder, Golder Associates and the GA globe design are trademarks of Golder Associates Corporation.

Dear Sir/Madame,

1213763 ONTARIO INC. and 1319399 ONTARIO INC. (the “Clients”) have requested that Golder Associates

Ltd. (“Golder”) entitle the Corporation of the Town of Oakville (the “Town”) to rely upon the environmental report

(“Report”) referenced below prepared by Golder solely and exclusively for the Clients under contract dated

October 20, 2016:

“Phase I Environmental Site Assessment, 2220 Marine Drive, Oakville, Ontario”, dated December 2016,

Golder Project No.: 1409434 (5710).

In order to facilitate the clients’ request and to establish privity between the Town and Golder, this reliance

agreement, and any reliance on the Report, is conditioned upon the Town: (i) agreeing to the terms, conditions,

and limitations stipulated in the attached General Terms & Conditions and in the Report; (ii) agreeing to only rely

on the Report in its entirety; and (iii) providing consideration to Golder in the amount of $1. In the event that the

Town does not agree with these conditions, which are pre-conditions to any reliance on the enclosures, please

immediately return this letter with the enclosures attached.

The scope and the period of Golder’s assessment are described in the Report, and are subject to restrictions

and limitations. Golder did not perform a complete assessment of all possible conditions or circumstances that

may exist at the site referenced in the Report. Conditions may therefore exist which were undetectable given the

limited nature of the inquiry Golder was retained to undertake with respect to the site. Accordingly, additional

environmental studies and actions may be required. In addition, it is recognized that the passage of time affects

the information provided in such reports. Golder’s opinions are based upon information that existed at the time

of the writing of the Report. It is understood that the services provided for in the scope of work allowed Golder to

form no more than an opinion of the known conditions of the site at the time the site was visited and cannot be

used to assess the effect of any subsequent changes in any laws, regulations, the environmental quality of the

December 8, 2016 Project No. 1409434 (5710)

Corporation of the Town of Oakville

1225 Trafalgar Road

Oakville, Ontario

L6H 0H3

RELIANCE AGREEMENT – PHASE I ENVIRONMENTAL SITE ASSESSMENT, 2220 MARINE DRIVE,

OAKVILLE, ONTARIO

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1409434 (5710)

Corporation of the Town of Oakville December 8, 2016

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site or its surroundings. Asbestos and mould assessments were not performed. If a service is not expressly

indicated, do not assume it has been provided.

The Town agrees not to disclose or distribute the agreement or Report furnished hereunder to any third party, or

make any reproductions (except for those required by its accountants, regulators, and legal advisors, which shall

include a copy of this reliance agreement). This reliance agreement is not assignable and does not confer any

right or benefit upon any third party unless advance written agreement is made between Golder and the third

party.

Subject to each and every of the foregoing conditions the Town may rely on the Report for the express purpose

of their evaluation of the Clients’ current development permit application, subject always to the qualifications and

limitations contained in the Report and collectively, with the Clients, has no greater rights than those of the

Clients contained in the Report and in the Clients’ agreement with Golder.

If you have any questions, please do not hesitate to contact me at (905) 723-2727.

Yours truly,

GOLDER ASSOCIATES LTD.

Ryan J. Smith, P.Eng. Senior Environmental Engineer, Associate RJS/jh

CC: Ms. Coellen Linkie, GWL Realty Advisors Inc. Attachments: General Terms and Conditions

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