RELIANCE AGREEMENT PHASE I ENVIRONMENTAL SITE … planning/da-172704... · 2021. 3. 19. · Town...
Transcript of RELIANCE AGREEMENT PHASE I ENVIRONMENTAL SITE … planning/da-172704... · 2021. 3. 19. · Town...
Golder Associates Ltd.
100, Scotia Court, Whitby, Ontario, Canada L1N 8Y6 Tel: +1 (905) 723 2727 Fax: +1 (905) 723 2182 www.golder.com
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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
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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