1997-085 To Adopt a Standard Subdivision Agreement Format
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 97-85
Being a By-Law to Adopt a Standard Subdivision Agreement Format.
WHEREAS The Corporation of the Township of Oro-Medonte deems it
desirable to adopt a Standard Subdivision Agreement Format;
NOW THEREFORE the Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. That the attached Standard Subdivision Agreement Format
titled Schedule "A" attached hereto and forming part of this
By-law shall be the format used when entering into a
Subdivison Agreement.
2. Any previous by-law or portion thereof inconsistent herewith
is hereby repealed.
3. This By-law shall come into force and take effect on the
final passing thereof.
By-law read a first and second time this 15th day of October,
1997.
By-law read a third time and finally passed this 15th day of
October, 1997.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
J2 1:7 If
{__ .A'!..-/ / .:x._~A
Mayor, Ian Beard
'.;:("'~''''~/~
Clerk, Lynda Aiken
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DRAFT
SUBDIVISION AGREEMENT
- between-
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
- and -
THE MORTGAGEES
DESCRIPTION OF LANDS
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
MMA43-T-
June, 1997
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Part I
Part 2
Part 3
Part 4
Part 5
Part 6
Part 7
Part 8
Part 9
Part 10
ScheduJe "A" -
Schedule "B" -
Schedule "C" -
Schedule "D" -
Schedule "E"
Schedule "F"
Schedule "G" -
Schedule "H" -
Schedule "1" -
Schedule "J" -
ScheduJe "K" -
TOWNSHIP OF ORO-MEDONTE
SUBDIVISION AGREEMENT
TABLE OF CONTENTS
General Requirements
Lands, Plans And Representatives
Requirements Prior to Execution of the Agreement
Pre-Construction Requirements
Financial Requirements
Staging or Phasing
Construction Requirements
BuiJding Permits and Occupancy
Maintenance and Acceptance
Default Provisions
SCHEDULES
Description of Lands Being Subdivided
Plan of Subdivision
Works to be Constructed
Itemized Estimate of Cost of Construction of Each
Part of the Works
List of Lots Unsuitable for BuiJding Purposes and/or Requiring Special Attention
Cash Deposits, Development Charges and Security
Deeds and Easements to be Conveyed
Parkland
Declaration of Progress and Completion
General Location and Lot Grading Plans
Standard Township Letter of Credit
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TOWNSHIP OF ORO-MEDONTE
THIS AGREEMENT made as ofthe
day of
,1997.
BETWEEN:
(hereinafter called the "Developer")
OF THE FIRST PART
AND
THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the "Township")
OF THE SECOND PART
AND
(hereinafter called the "Mortgagee")
OF THE THIRD PART
WHEREAS the lands affected by this Agreement are the lands described in Schedule "A" hereto annexed,
and are also shown on the Plan of Subdivision attached to and forming part of this Agreement as Schedule
"B" and coHectively are herein referred to as the "said lands";
AND WHEREAS a Draft Plan with Conditions (43-T-..........) has been issued for the proposed
subdivision, which requires that the Developer must satisfy all the requirements financial and otherwise of
the Township, including the provisions of certain Municipal Services;
NOW THEREFORE TIllS AGREEMENT WITNESSETH that in consideration of the premises and
for other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada
nOW paid by the Township to the Developer (the receipt whereof is hereby acknowledged), THE
DEVELOPER AND THE TOWNSHIP HEREBY COVENANT AND AGREE WITH ONE
ANOTHER AS FOLLOWS:
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PART -1
GENERAL REQUIREMENTS
1.1.
DEVELOPER'S CONSULTING ENGINEERS
The Developer shall employ engineers registered and in good standing with the Association of
Professional Engineers of Ontario:
a) to prepare designs in accordance with the Township ofOro-Medonte Engineering
Standards and Drawings (dated June 1997);
b) to prepare and furnish all required drawings and specifications;
c) to prepare the necessary contract(s) and provide contract administration;
d) to obtain the necessary approvals in conjunction with the Township, trom the Ministry of
the Environment and Energy, the Ministry of Natural Resources, the Ministry of
Transportation - Ontario, the Simcoe County District Health Unit and utility companies or
as a result of legislative or procedural change, the ministries shall be deemed to be the
Ministry of Municipal Affairs and Housing, as well as the Council of the Township of
Oro-Medonte or the Chief Building Official.. This will also pertain to Sections 2.3.3,
3.1.11, 8.1 and 8.2 (a).
e) to act as the Developer's representative in all matters pertaining to the subdivision;
f) to provide co-ordination in scheduling to comply with the timing provisions of this
Agreement and the requirements of the Township Engineer, for all the work specified in
this Agreement;
g) to provide supervision during construction of all the services;
h) to ensure that the work involved in construction of the services is carried out by
construction methods confonning to acceptable engineering practice;
i) to maintain records of construction which shall be available for inspection or copy by the
Township;
j) to prepare final "as constructed" mylar drawings which will include the following with
regards to provision of a digital Plan of Subdivision:
"completed digital Plan of Subdivisions must be in AutoCAD 12 drawing format or DXF
and be delivered on a ].44 MB floppy diskette. Two copies of each Plan of Subdivision
are required on separate diskettes.
Each diskette must be labelled identifying the legal property description, developer's name,
file name, and date delivered.
PKZIP Release 2.04G may be used to perform file compression if required.
It is the Developer's responsibility to ensure that all drawing changes occurring throughout
the approvals process are incorporated into the digital submission.
All line data depicting property boundaries must be mathematically closed to form
polygons.
The lines which describe the boundary of all properties created within the Plan of
Subdivision wiIJ be isolated on a unique layer/level. In certain cases, some of the line
segments will coincide with the location of concession lot lines, registered plan data, open
roads, rivers, and lakes.
The file may contain duplicate line work, however, when all other layers are turned off, the
PLAN OF SUB layer/level will outline the property boundaries in the fonn of enclosed
polygons.
LAYER/LEVEL PLAN OF SUB
LINE TYPE CONTINUOUS
COLOUR YELLOW (2)
The text which describe the property lot numbers for the Plan of Subdivision will be
isolated on a unique layer/level. The lot number will be inserted as descriptive text.
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LAYER/LEVEL PL LT TEXT
FONT MONOTEXT
COLOUR YELLOW (2)
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The digital files should contain enough site data as to allow for horizontal and vertical
positioning within the existing base mapping. A minimum of two road intersections
located outside the Plan of Subdivision must be shown in the drawing.
It is not necessary that the digital data be in Universal Transverse Mercator (UTM) co-
ordinates since the registration process will automatically convert any unit grid to the
Ontario Base Mapping UTM co-ordinate system";
k)
to furnish the Township with a certificate with respect to each lot or building block for
which a Building Permit application is made, certifYing that the proposed construction is in
conformity with the General Location and Lot Grading plan or with an approved variation;
(Note: that a professional engineer could also be retained to provide the aforementioned
and any cost incurred by the Township will be the responsibiJity of the Developer or
individual lot owner);
I)
to prepare and provide the Township, for each lot or block within the plan, a certificate of
final grade elevation, indicating that the property has been developed in conformity with
the General Location and Lot Grading plan or with an approved variation (Note that a
professional engineer could also be retained to provide the aforementioned and any costs
incurred by the Township will be the responsibility of the Developer or individual lot
owner) ;
NOTE: In the case of lots built on after the sale or transfer by the Developer, the
Township reserves the right to request a similar certificate as required under (k) and (I), but it may
be provided by a Professional Engineer, other than the Developer's Consulting Engineer. If the
Township has their Engineer prepare the Certificate, the cost of the work will be deducted from the
final occupancy and lot grading deposit and will become the responsibility of the individual lot
owner.
1.2 LEGAL NOTICE TO DEVELOPER
Any notice required to be given hereunder may be given by registered mail addressed to the
Developer at his principal place of business and shall be effective as of the date of the deposit
thereof in the post office, as follows:
...............................
...............................
...............................
or notification by fax, with an indication that a fax communication is deemed to be received on the
day it was sent.
Fax No... ......... ...............
The Developer shall be responsible for notifYing the Township Clerk in writing of any change(s) in
his principal place of business.
1.3 REGISTRATION
The Developer consents to the registration of the Subdivision Agreement by the Township and at
the sole discretion of the Township upon the title of the lands, the registration expenses shall be
included as a legal expense to the Developer..
1.4 VOIDING AGREEMENT
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In the event that the Plan is not registered within one year from the date of signing this Agreement,
the Township may at its option, declare this Agreement to be null and void.
1.5
MORTGAGEE BECOMING DEVELOPER
The mortgagee(s) hereby agrees that in the event of him/they becoming the Developer(s) of the
lands under his/their mortgage by way of foreclosure, purchase or otherwise, either beneficially or
in trust, then the mortgage(s) shall be deemed to be postponed to this Agreement and any lands
registered in the name of the Township shall be free of the mortgage(s), and the mortgagee(s)
agrees to register a discharge of the mortgage(s) on those lands if called upon by the Township, to
do so, and he/they shall be subject to the terms of the Agreement as though he/they had executed
this Agreement in the capacity of the Developer.
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1.6 ASSIGNMENT OR TRANSFER OF MORTGAGE
The mortgagee(s) agrees that in the event of him assigning or transferring the mortgage(s) on the
lands, the assignment(s) or transfer(s) shall be subject to the terms hereof, in the same manner as if
the assignee or transferrer has executed this Agreement.
1.7
LANDS FOR MUNICIPAL PURPOSES
The Developer agrees to grant in fee simple unto the Township, lands for municipal purposes other
than roads, which shall be mutually agreed upon by the Developer and the Township or to make a
cash payment in lieu thereof, as provided by the Planning Act and required by the Ministry of
Municipal Affairs and Housing. The Developer also agrees to certify good title to lands by the
Developer's Solicitor. The deeds for the said lands are to be approved by the Township's Solicitor
and thereafter, forthwith, registered and deposited with the Township Clerk. The cost for
preparation and registration of the said deeds shall be paid by the Developer.
1.8
EASEMENTS
The Developer agrees to grant at his expense all such easements and rights-of-ways as may be
required for the installation and suppJy of services to the subdivision and to deed lands to the
Township, as set out in Schedule "G". The Developer also agrees to certiry good title to easements
and right-of-ways by the Developer's Solicitor. Prior to executing this agreement, all known
easements shall be filed with the Township in a form approved by the Township's Solicitor.
A list of easements and rights-of~way shall be set out in Schedule "G" of this Agreement.
J.9 ONTARIO HYDRO AND BELL CANADA
Prior to the Township releasing this proposed Plan for registration, the Developer shall provide the
Township with a letter from Ontario Hydro and from Bell Canada, stating that the Developer has
entered into a satisfactory agreement with them with respect to the costs of installing underground
wiring and financial contributions in this regard.
The cost of any relocations or revisions to Ontario Hydro and/or Bell Canada which are necessary
to accommodate this subdivision shall be borne by the Developer.
1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING
The Developer agrees to advise all prospective purchasers that enrolment within the designated
public school sites in the community is not guaranteed and that pupils may be accommodated in
temporary facilities and/or be directed to facilities outside of the area.
This clause is to be placed in any agreement of purchase and sale entered into with respect to any
lots on this Plan of Subdivision. The clause should remain in perpetuity as lots may not be sold or
built upon for some time.
1.l1 CANADA POST
The Developer agrees to construct a site to the specifications and standards of Canada Post and the
Township, as required for the construction of mail boxes by Canada Post.
1.12 MINISTRY OF THE ENVIRONMENT AND ENERGY
The Developer and each individual lot owner, agrees
recommendations of the hydrogeologist's report
dated... ... ... '" .,. .....;
to comply with the requirements and
prepared by...... ...... ...... ......... ...,
In addition, the Developer shall notiry each prospective purchaser of a lot(s) that:
(a) Wells should only be constructed into the water supplies that had their quality confirmed
through testing.
(b) Elevated iron concentrations are possible and may require treatment for aesthetic reasons.
1.13 WARNING TO PROSPECTIVE LOT DEVELOPERS
The Developer shall provide copies of Clauses, k), I) & Note of !.I, !.I 0, !.II, !.12, 7.3, 7.9,
7.16,8.],8.2,8.3,8.4,8.5 and 9.8 to each prospective purchaser of a lot(s).
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] .14 SAVE HARMLESS
The Developer covenants and agrees with the Township, on behalf of itself, its successors and
assigns, to indemnify and save harmless the Township, its servants and agents from and against
any and all actions, suits, claims and demands whatsoever, which may arise either directly or
indirectly by reason of any work performed by the provisions of this Agreement.
The Developer further covenants and agrees to release and forever discharge the Township from
and against all claims, demands, causes of actions, of every nature and type whatsoever that may
arise either as a result of the failure of the Township to carry out any of its obligations under this
Agreement, or, as a result of the Township performing any municipal work on the said lands or the
adjacent properties which may damage or interfere with the works of the Developer, provided that
such default, failure or neglect was not caused as a result of negligence on the part of the Township,
its servants or agents.
ENUREMENT
This agreement shall endure to the benefit of and be binding upon the parties and their heirs,
executors, administrators, successors and assigns.
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2.0
2.1
. 2.2
PART 2
TIlE LANDS, PLANS. AND REPRESENTATIONS
SCOPE OF AGREEMENT
DESCRIPTION OF LANDS - The lands affected by this Agreement are the lands described in
Schedule "A" hereto.
PLAN REFERENCE - For the purpose of this Agreement, references are made to the Plan of
Subdivision attached hereto as Schedule "B". Any further changes in the said Plan, or any changes
in the Conditions of Draft Approval, issued by the Ministry of Municipal Affairs and Housing,
may necessitate a change in the provisions of this Agreement.
2.3 CONFORMITY WITH AGREEMENT - The Developer covenants and agrees that no work shall
be performed on the said lands except in conformity with:
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2.3.1) the provisions of this Agreement, including the Schedules hereinafter referred to;
2.3.2) the Plans and Specifications submitted to and accepted by the Township as being within its
design criteria including, without limiting the generality of the foregoing, the following:
Drawil12 No.
Description
2.3.3) all Plans and Specifications submitted to and accepted by:
(I) The Ministry of the Environment and Energy (MOEE);
(2) Ontario Hydro;
(3) Simcoe County District Health Unit (Health Unit);
(4) Nottawasaga Valley Conservation Authority.
(5) Ministry of Transportation
(6) County of Simcoe
(7) Canadian Pacific Railway
2.3.4) all applicable Township By-laws - including any applicable Site Plan Control By-laws;
2.3.5) all applicable Provincial and Federal Legislation.
2.4 RELIANCE UPON REPRESENT A nONS - The Developer acknowledges that:
2.4.1) it has made representation to the Township that it will complete all municipal and other
works required herein, in accordance with the Plans filed and accepted by the Township
and others, and;
2.4.2) the Township has entered into this Agreement in reliance upon those representations
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2.5 SCHEDULES A TT ACHED - The following schedules are attached to and form part
of this Agreement:
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Description of Lands Being Subdivided
Plan of Subdivision
Works to be Constructed
Itemized Estimate of Cost of Construction of Each,
Part of the Works
List of Lots Unsuitable for Building Purposes and/or
Requiring Special Attention
Cash Deposits, Development Charges & Securities
Deeds and Easements to be Conveyed
Parkland
Declaration of Progress and Completion
General Location and Lot Grading Plans,
Standard Township Letter of Credit
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "H"
Schedule "1"
Schedule" J"
Schedule "K"
2.6 Subdivision Changes
There shall be no changes in the Schedules attached hereto, or in any Plan accepted by the
Township or others, unless such proposed changes have been submitted to, and approved by, the
Township and the Township Engineer.
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PART-3
REOUlREMENTS PRIOR TO EXECUTION OF AGREEMENT
3.1
Prior to the execution of this Subdivision Agreement by the Township, the Developer shall:
3.1.1) Taxes - have paid all Township tax bills issued and outstanding against the said lands,
3.1.2) Deeds and Easements - have delivered to the Township all transfers/deeds, discharges and
easements or other documents required by Schedule "G",
3.1.3) Postponement Mortgage/Charge - file with the Township Solicitor, for his approval, a
postponement of Mortgage/Charge document as required by Schedule "G"
3.1.4) Cash Deposits, Development Charges & Securitv - have paid to the Township all cash
deposits, development charges and security required by Schedules "D" & "F",
3.1.5) Construction/Engineering Plans & Specifications - have supplied to the Township those
Plans and Specifications necessary to identifY the construction/engineering aspects of the
proposed development, and have received from the Township an acknowledgment of
conformity with general design concepts of the Township,
3.1.6) Hvdro - have supplied to Ontario Hydro, and received their approval of, those plans
necessary to identifY the electrical distribution system, lighting requirements, and power
supply to each lot or building or unit, as the case may be, and these are to be to the
required Township standards which includes underground wiring,
3.1.7) Insurance Certificate - file with the Township Clerk an insurance certificate confirming
those coverages specifically set out hereafter,
3.1.8) Consulting Engineer's Letter - ensure that each Consulting Engineer (who must be
experienced in the field of municipal services) for the Developer, file with the Township, a
letter confirming the terms of his retainer, and which letter shall be in draft format supplied
by the Township,
3. I .9) Utilities and Canada Post Confirmation - arrange for Hydro, Bell Telephone, the Natural
Gas Utility, Cable T.V. and Canada Post, to write a letter to the Township Clerk
confirming:
3.1.9. I) that they have been informed of the project, and have seen the development
plans,
3.1.9.2) that satisfactory arrangements have been made with them for servicing the
subdivision without expense or obligation on the part of the Township.
3.1.9.3) easement requirements, if any,
3.1.10) Land Ownership- be the registered owner in fee simple of the lands described in Schedule
"A", and that there will be no encumbrances registered against the said lands.
3.1.1 I) Ministrv etc. Approvals - obtain and fiJe with the Township confirmation approvals from
the following:
3.1.11.1)
3.1.1 1.2)
3.1.11.3)
3.1.11.4)
3.1.1 1.5)
3.1.11.6)
3.1.1 1.7)
MOEE;
Ontario Hydro;
Health Unit;
Nottawasaga Valley Conservation Authority;
Ministry of Transportation
County of Simcoe
Canadian Pacific Railway
3.1.12) Lot Sizes - file with the Township a certificate from an Ontario Land Surveyor confirming
that the frontage and area of each lot meets the minimum requirements of the Township
zoning By-law,
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3.1.13) Communitv Mail Boxes - file with the Township a Plan showing the location of, and
access to, community mail boxes,
3.1.14) Mvlars - provide for registration, mylars of all Plans incorporated into this Agreement as
Schedules,
3.1.15) Fire Chief Approval-obtain an Approval from the Fire Chief of the Township confirming
and approving of the proposed plans for fire protection, and specifYing any hydrants, or
other equipment or appurtenances required.
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PART - 4
PRE-CONSTRUCTION REOUJREMENTS
4.1 Prior to Starting Construction of the Subdivision Works, the Developer shall:
4.1.1 Plan Registration
Obtain final approval of the Plan from the Ministry of Municipal Affairs and Housing and
obtain registration of the Plan;
4.1.2 Approval Of Plans
The Developer and the Engineers employed by him shall have the plans and specifications
for the works approved by the Township Engineer prior to construction and the originals
must be stamped as accepted by the Township Engineer.
Submit and obtain the Township Engineer's approval of the following, all to be in
accordance with the Township's approved Engineering Standards;
i) the drainage plan;
ii) the lot grading plan;
iii) the service layout plan for Hydro, Telephone and Gas;
iv) the road and sewer plans and profiles.
4. 1.3 Certificate Of Approval
Submit to the Township, the Ministry of the Environment and Energy's Certificate of
Approval for Storm Sewers and detention pond;
4.1.4. Contractor
The said services shall be installed by a contractor or contractors retained by the
Developer and approved in writing by the Township Engineer. The Township and
Township Engineer are to be provided with the names and phone numbers of personnel
responsible for the Works, including emergency phone numbers.
4.1.5 Scheduling Of Works
Prior to the start of construction, the Developer shall supply, for the Township Engineer's,
approval, of a Schedule of Works, setting out the order in which he considers the various
sections of the works within the Plan wiIJ be built. The Township Engineer may amend
this Schedule and the Developer shall construct, install or perform the works as the
Township Engineer from time to time may direct. In any event, the Schedule, or amended
Schedule, as the case may be, shall conform to the requirements of Clause 4.1.8.
4.1.6 Erosion And Siltation Control
The Developer must take all necessary precautions to prevent erosion and sedimentation of
sewers, ditches, culverts, slopes, etc. both within the Subdivision and downstream prior to
and during construction and upon completion of servicing of the Subdivision. FaiJing
adequate precautions being taken, the Developer shall be responsible for correcting any
damage and paying all maintenance costs resulting therefrom.
A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's
Engineer for approvaJ by the Township Engineer and the Nottawasaga Valley
Conservation Authority. Prior to any grading or construction commencing on the site or
final approval and registration of Subdivision, the Developer's Engineer shall submit the
plan for approval by the Township Engineer and the Nottawasaga Valley Conservation
Authority. The plan shall detail the means whereby erosion and siltation and their effects
will be minimized on the site during and after the construction period. The DeveJoper
agrees to carry out or cause to be carried out the work approved in the Plan, and such
work will be certified in writing by the Developer's Engineer and provided to the Township
Engineer and the Nottawasaga Valley Conservation Authority. The Developer agrees to
maintain all erosion and siltation control devices in good repair during construction.
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4.1.7. Sjw
4.1.8
Signs at least 1.2 meters by 1.8 meters shall be provided and erected by the Developer at
each entrance to the subdivision, at a location approved by the Township Engineer, and the
signs shall read as follows:
"Roads Not Assumed by Township - Use at Your Own Risk".
The signs shall be painted either orange or yellow with black lettering. These signs shall be
installed prior to the commencement of construction and be removed after the issuance of
the Certificate of Substantial Completion and Acceptance (Above ground Services).
Notification Of Commencement And Completion
The Developer shall not commence the construction of any of the works until the
Developer has provided forty-eight (48) hours written notice to the Township Engineer, of
his intent to commence work.
The Developer shall complete the works expeditiously and continuously, and all
underground services shall be installed within one year of the day of registration of this
Agreement, and all above-ground services shall be installed in accordance with the
Declaration of Progress and Completion, as required under Clause 7.11 of this Agreement,
but no longer than two years from the date of registration of this Agreement, unless
extended by the Township Engineer. Should for any reason there be a cessation or
interruption of construction, the Developer shall provide forty-eight (48) hours written
notice to the Township Engineer before work is resumed.
Ifthe Municipal Services to be constructed by the Developer under this Agreement are not
completed and accepted by the Township within the above time frame, the Township may
either;
(a) give notice to the Developer to stop work on the said Municipal Services and to
provide that no further work shall be done with respect to such services, until an
Amending Agreement, incorporating the Standards, Specifications and financial
requirements of the Township, in effect as of that date, is executed by all parties; or
(b) give notice to the Developer to stop work on the Municipal Services and inform the
Developer that the Township proposes to realize on its security and proceed with the
completion of construction in accordance with the provisions of the Plans filed with the
Township.
4.2 BREACH OF AGREEMENT
If the Developer commences or causes construction of the works prior to satisfYing the
requirement of this Agreement, it shall be subject to the penalties identified in Part 10.
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5.2.
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PART - 5
FINANCIAL REQUIREMENTS
5.1 DEVELOPER'S EXPENSE
Every provision of this Agreement by which the Developer is obligated in any way shall be deemed
to include the words "at the expense of the Developer" unless specifically stated otherwise.
TOWNSHIP'S LEGAL. PLANNING AND ENGINEERING COSTS
The Developer agrees to pay to the Township, the cost of the Township's lawyer and planner for all
costs involved in processing the subdivision and of the Township's Engineer for checking of plans
and specifications and inspection on behalf of the Township. The inspection by the Township will
depend on the type of construction and the amount provided will be deemed necessary by the
Township. In this regard, the Developer agrees to pay to the Township, the sum of
$ Thousand Dollars ($ ,000.00) upon submitting a Plan to the Township for
consideration to be applied to account of such costs. As accounts are received from the Township
planner, lawyer, and engineer, they will be paid by the Township and then submitted to the
Developer for reimbursement within thirty (30) days, so that the initial deposit will again be built
up to enable the Township to pay the next accounts as they are received. In the event that the
deposit is drawn down to a level of ...... ......... .....Thousand Dollars ($....,000.00) or less, and
the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed
that the Developer would be in default of this Agreement and the Township may, without notice,
invoke default provisions as set out in this Agreement.
5.3 DEVELOPER'S LIABILITIES
Until the Township has issued the Certificate of Maintenance and Final Acceptance for the works,
the Developer shall indemnity the Township against all actions, causes of action, suits, claims and
demands whatsoever which may arise either directly or indirectly by reason of the Developer
undertaking the Plan and the Township shall not be deemed to be the Developer.
5.4 UTILITY COSTS AND CHARGES
The Developer shall deal directly with the Hydro Commission and all other Utility commissions
and companies. He or his Consulting Engineer, shall obtain all approvals and permits and pay all
fees and utility charges directly to the Utility until the Certificate of Maintenance and Final
Acceptance (Underground Services) is issued.
If an additional hydro service is required tor Township purposes, the Developer shall include the
cost of installation and maintenance of the service.
5.5 DEVELOPMENT CHARGES, ACT LEVIES AND DRAINAGE AND LOCAL
IMPROVEMENT CHARGES
.
a) The Developer, as a capital contribution towards other Township services, will pay to the
Township, in addition to all other monies required to be paid by the Developer under this
Agreement, the Development Charges Act Levy, in an amount required by the Township's
Development Charges By-Law, on the date the payment is received by the Township at
the MunicipaJ Office. The Development Charges Act Levy in place at the time of the
execution of this Agreement is ........... Thousand, dollars ($....,000.00) per dwelling
unit.
b)
An amount equal to or greater than the hard services portion of the total Development
Charges Act Levies for all the lots, must be paid at the time of execution of the
Subdivision Agreement.
If construction of the services occurs in particular stages or phases, as approved by the
Township, the hard services portion of the total Development Charges Act Levies for all
lots contained within the first stage or phase must be paid at the time of execution of the
Subdivision Agreement. Payment of the hard services portion of the total Development
Charges Act Levies for lots contained within subsequent stages or phases must be paid at
the time of approval to proceed with construction of each subsequent stage or phase.
Prior to issuance of a building permit, the remainder of the Development Charges Act
Levy is to be paid on a per lot basis, until levies have been paid for all Jots.
The Developer agrees to pay for all arrears of taxes or other Township or provincial
charges, taxes or levies outstanding against the property herein described before the
approval of the said plan is obtained. The Developer further undertakes and agrees to pay
taxes levied on the said lands, on the basis and in accordance with assessment and
collector's roll entries until such time as the lands herein being subdivided have been
assessed and entered On the Collector's Roll according to the Registered Plan.
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c) Before the plan is approved, the Developer agrees to commute and pay the Township's
share of any charges made under the Drainage Act 1975 and Local Improvements at
present serving this property and assessed against it.
These charges are set out in Schedule "F" of this Agreement.
.
Note: In addition to the Municipal Development Charges, the lots may be subject to County Development
Charges and Education Development Charges.
5.6 SECURITIES
Prior to signing the Subdivision Agreement, the Developer will deposit with the Treasurer of the
Township to cover the faithful performance of the contract for the installation of the said services
and the payment of all obligations arising thereunder the following securities:
a) Cash in the amount of one-hundred percent (100%) of the estimated cost of the said work
as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of Credit from a chartered Bank, issued in accordance with the
requirements of Schedule "K" with an automatic renewal clause, in the amount of one
hundred percent (100%) of the estimated costs of the said works and the Occupancy/Lot
Grading Deposit, as set out in Schedule "D" and as approved by the Township Engineer.
The Letter of Credit shall be for a minimum guaranteed period of one (I) year or such time
as the Township decides and shall be renewed automatically, as necessary, three (3)
months prior to expiration, Unless the Letter of Credit is renewed as noted above, the
Township shall have the absolute right to refuse to issue building permits and to prohibit
occupancy of homes, whether partially or fully completed, from the said date, three (3)
months prior to the expiration of the Letter of Credit, or the Township may cash the Letter
of Credit until a satisfactory Letter(s) of Credit is received by the Township.
c) Notwithstanding the provisions of subparagraphs (a) and (b) above, the estimated cost of
the Works as set out in Schedule "D" will be reviewed and updated by the Township
Engineer on each anniversary of the date of execution of this Agreement. In the event of
an increase, the Developer shall provide additional security as required by the Township
Engineer within thirty (30) days of notice by registered mail from the Township Engineer.
In the event that the Developer fails to deliver to the Township the additional security as
required by the Township Engineer, it is hereby understood and agreed that the Developer
be deemed to be in default of this Agreement and the Township may, without notice,
invoke default provisions as set out in this Agreement.
The Township reserves the right to accept or reject any of these alternative methods of
providing securities. Prior to depositing the securities, the Developer's Engineer shall
submit an estimate of the cost ofthe works to the Township Engineer for approval. When
the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement
and will become the basis for the limits of the securities.
In the event that the Tendered Contract price for the Township Services set out in Schedule
"D" is greater by 1 0% than the estimates in the said Schedules, then the security provided
for above shall be increased to an amount equal to the Tendered Contract price.
d) Application - Any Letter of Credit or security filed with the Township is based upon the
estimated cost of completing the various matters prescribed by this Agreement. However, aJI
Letters of Credit and Security received by the Township may be used as security for any item or
any other matter which under the terms of this Agreement is the responsibility of the Developer,
incJuding without limiting the generaJity of the foregoing, payment of engineering, legal,
planning, Development Charge By-Law obligations, or other costs incurred by the Township
which are the responsibility of the Developer under the terms of this Subdivision Agreement.
e)
Default - If, in the event of default of the Developer under any of the provisions of this
Agreement, it becomes necessary tor the Township to realize on its security or deposits, then the
Township (its servants, agents or sub-contractors) shall, if the Township so elects, have the
right and privilege at all times to enter upon the said lands for the purpose of repairing or
completing any work or services required to be completed by the Developer under this
Agreement.
.
1) Exceeding Cost Estimates - If the costs of completing such work or service, exceeds the amount
of security held by the Township, such excess shall be paid by the Developer to the Township
tlrirty (30) days after invoicing by the Township. AJ! overdue accounts shaJ! bear interest at the
rate of 12% per annum.
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g) Save Hannless - The Developer on behalf of itself, its successors and assigns agrees to
indemnifY and save hannless the Township !Tom and against any and all claims, suits, actions
and demands whatsoever which may arise either directly or indirectly by reason of any work or
service performed by the Township, its servants or sub-contractors in order to complete the
work or services required to be completed under this Agreement, provided the subject matter of
such action, suits, claims or demands was not caused intentionally or through gross negligence
on the part ofthe Township, its servants or agents or sub-contractors.
h)
The Construction Lien Act - If the Township becomes obligated to make any payments, or pay
any costs, under the provisions of Section 17(4) of the Construction Lien Act, R.S.O. 1990,
c.C.30, this will constitute a default and entitle the Township to realize upon its security.
i) Surplus Funds -In the event that the Township cashes a Letter of Credit to complete Township
services, any surplus monies that remain after this work is completed shall, upon full
compliance by the Developer with the terms of this Agreement, be returned to the issuing
financial institution for transmission to that party that took out the original Letter of Credit.
5.7 DISCHARGE OF SECURITIES
5.7.1 Estimated Cost of Works - After the completion of fifty percent (50%) of the services based On
the total Estimated cost of Works in the subdivision or in an approved stage of the subdivision,
and provided the Developer is in compliance with all aspects of the Subdivision Agreement, the
Developer shall, as the work further proceeds to completion, have the privilege, On application
to the Township and upon Certitication of the Township Engineer, of obtaining reductions of
the cash or Letter of Credit deposited for the installation of the services, in increments of not less
than ten percent (10%). Upon application for reduction of the securities, the Developer's
Engineer shall provide an estimate of the cost to complete the work. This amount when
approved by the Township Engineer shall be retained along with twenty percent (20%) of the
original estimate and the remainder released. A further ten percent (10%) of the original
estimate will be released upon satisfactory assurance to the Township that there are no liens
pursuant to the Construction Lien Act affecting lands conveyed or to be conveyed to the
Township within the Plan of Subdivision, pursuant to the terms of this Subdivision Agreement.
5.7.2 Final Occupancv and Lot Grading Deposit - The Developer shall, as works proceed to complete
the [mal grading oflots or building blocks, have the privilege, on application to the Township and
upon issuance by the Developer's Consulting Engineer of a Certificate of final grade elevation, of
obtaining reductions of the cash or Letter of Credit deposited for Final Occupancy and Lot
Grading. An application for reduction of securities shall be for not less than five (5) lots and the
reduction shall be an amount equal to one hundred percent (100%) of the Final Occupancy and Lot
Grading deposit for the lots subject to the application. The Developer may, upon the approval of
Township, transfer the Final Occupancy and Lot Grading deposit to the lot owner upon sale or
transfer of each lot.
5.8. STATUTORY DECLARATION OF ACCOUNTS PAID
5.9
.
The Developer agrees that upon applying for a Discharge of Securities, or for a Certificate of
Substantial Completion and Acceptance, or for a Certificate of Maintenance and Final Acceptance
for the services within the subdivision, or upon applying for prior acceptance of the underground
services, he shall supply the Township with a Statutory Declaration that all accounts for work and
materials tor said services have been paid and that the construction Lien Act has been complied
with and that no liens thereunder have or can be registered except normal guarantee holdbacks and
that there are or will be no claims for liens or otherwise in connection with such work done or
materials supplied for or on behalf of the Developer in connection with the subdivision.
PLEDGE OF TITLE TO LANDS
The Developer hereby charges and pledges as security for all costs, charges, expenses or obligations of
the Developer under the provisions of this Subdivision Agreement all of its right, title and interest in the
said lands, and consents to the registration of this Subdivision Agreement against title to the said lands.
The Developer further agrees that all costs, charges or expenses incurred by the Township in satisfYing
the obligations of the Developer in the event of default of the Developer under the terms of this
Subdivision Agreement, together with any costs, charges or expenses incurred by the Township in
enforcing the obligations of the Developer under this Agreement, shall be a flIst charge or lien against the
said lands in accordance with the provisions of Section 326 of the Municipal Act, R.S.O. 1990, c.MA5.
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5. I O. INSURANCE CERTIFICATE AND POLlCY
5.10.1 Policy of Insurance - The Developer shall lodge with the Township, on or prior to the
execution of the Agreement, an insurance certificate with an Insurance Company
satisfactory to the Township, (which said approval shall not be unreasonably withheld or
delayed), and insuring for the joint benefit of the Developer and the Township, against any
liability that may arise out of the construction or instaJJation of any work to be performed
pursuant to this Agreement and for a period of one (J) year after completion and
acceptance of the Township Services to be constructed herein.
5.10.2 Comprehensive General Liability - Such policy shall carry limits ofliability in the amount
to be specified by the Township, but in no event shall it be less than Five Million Dollars
($5,000,000.00) inclusive comprehensive general liability and such policy shall contain:
(a) a cross-liability clause;
(b) product/completed operation coverage;
(c) shall not have an exclusion pertaining to blasting, provided that any blasting required
to be done shall be done by an independent contractor duly qualified to do such work;
(d) shall include the following names as insureds:
(i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(e) Notice of Cancellation - a provisions that the insurance company agrees to notiJY the
Township within fifteen (15) days in advance of any cancellation or expiry of the said
insurance policy.
5.10.3 Certificate of Coverage - Any certificate of coverage filed with the Township Clerk
shall specifically contain their confirmation that coverage includes (a), (b), (c), (d) and (e)
above are in effect.
5.10.4 Confirmation of Premium Payment - The Developer shall, from time to time as required
by the Township, provide confirmation that all premiums on such policy or policies
insurance have been paid, and that the insurance is in full force and effect. The Developer
shall see that a copy of the policy is filed with the Township.
5.10.5 Claim in Excess of Policy Limits - The issuance of such Policy of Insurance shall not be
construed as relieving the Developer from responsibility for other or larger claims, if any,
and for which it may be held responsible.
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PART - 6
STAGING OR PHASING
6.1
STAGING OR PHASING
The Township, in its sole discretion, may instruct the Developer to construct the services in
particular stages or phases suitable to the Township, and the Developer must comply, on terms to
be agreed to by the Township. If the Township does not so instruct, the Developer, before
commencement of any work, may request the Township's permission to divide the area of the
subdivision into convenient stages. If the work is thus staged, as approved by the Township, then
in lieu of furnishing cash payment or Letter of Credit all as set out in Clause 5.6 for one hundred
percent (100%) of the estimated costs, as approved by the Township Engineer, the Developer shall
deposit security for part of the services the Township has approved. Before proceeding with an
additional stage, the Developer shall obtain the written approval of the Township and no service
will be pennitted to be installed and nO building pennits issued until this approval has been
received and additional securities deposited. When fifty (50%) of the lots of the subdivision or
stages of the subdivision have been built upon and aH the services have not been completed and
approved by the Township Engineer, the Township reserves the right to refuse commencement of
the next stage until all services have been insta1Jed and approved.
In no event will further subdivisions of the Developer or stages of subdivisions of the Developer be
approved if all services of the active stage approved by the Township Engineer have not been
completed within a two (2) year period after registration of this Agreement.
Notwithstanding, anything hereinafter set out, the Township shall not be obligated to assume the
responsibility for and take over the subdivision services until at least fifty percent (50%) of the lots
on the subdivision or stage of the subdivision have completed dwellings erected therein and Final
Certificate of Occupancy has been issued. The Developer shaH be responsible for the maintenance
of the services in this case until the Township has assumed the responsibility of the services.
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PART -7
CONSTRUCTION REOUlREMENTS
7.1 WORKS TO BE INSTALLED
The works to be installed are set out in Schedule "C" to this Agreement. This schedule is to set out
the works in general terms only and shall not be construed as covering all items in detail.
The works are to be designed and constructed in accordance with the current Engineering
Standards adopted by By-law by the Township at the time of signing of the Subdivision
Agreement. A copy of these standards is available at the Municipal Office.
If at any time, and from time to time during the development of the subdivision, the Township
Engineer is of the opinion that additional works are necessary to provide adequately any of the
public services required by the Plan, the Developer shall construct, install or perform such
additional works at the request of the Township Engineer.
7.2. CONSTRUCTION OF WORKS
Following the registration of this Agreement, the Developer shall cause to be constructed all
requisite works, in order to provide services to the lots and buildings blocks within the Phase.
7.3. PRESERVATION AND PLANTING OF TREES
7.3.1 The Developer must preserve all healthy trees within the limits of the subdivision where
possible. If, in the opinion of the Township Engineer, indiscriminate removal of trees
takes place within the limits of the Plan of Subdivision including road aHowances,
parkland, and individual lots, the Township shall have the option of having a stop work
order on construction of the services and/or building on a particular lot where the removal
is taking place. Work wiH not be aHowed to proceed until the Township is satisfied that
the practice will not continue and the Developer/Builder agrees to carry out remedial work
requested by the Township. The Developer agrees to provide a copy of this clause to each
and every prospective builder/ prospective purchaser.
7.3.2 The Developer shaH plant two (2) 2.4 metre or taHer hardwood trees of a minimum of
SOmm calliper on each lot having less than three (3) trees in the front yard(s) ifrequired by
the Township. The type of trees must be satisfactory to the Township.
7.3.3 In addition, the Developer shaH plant trees with the above specifications at 15-metre
intervals around the perimeter of the park, in areas where there is not a sufficient growth of
trees.
7.4 MOVEMENT OF FILL
The Developer covenants and agrees that he shall not dump nor permit to be dumped any fill or
debris on, nor shall he remove or permit to be removed any fill, topsoil, trees or shrubs from any
public or municipal lands, without the written consent of the Township Engineer.
7.5 BLASTING
Before any blasting is proceeded with by the Developer, the Developer shall obtain from the
Township Engineer or Township Public Works Official, written permission, for carrying out the
blasting operation, and shall obtain the blasting permit and show proof of insurance for all damage
or claims for damage resulting from the blasting operation. The Developer in any event shall be
responsible for any such claims.
7.6
ACCESS ROADS
All access roads must be maintained by the Developer in good repair acceptable to the Township
Engineer and Township Public Works Official during the time of construction, including dust
control and the removal of any mud or debris tracked from the subdivision, and no roadway outside
the limits of the proposed subdivision may be closed without the written consent of the Township
Public Works Official. For the purpose of getting such consent, the Developer shall advise the
Township Public Works Official and the Township Clerk of the date and time they wish to close a
roadway. The Township reserves the right to limit or prohibit the use of any existing access road
by the Developer.
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7.7
DAMAGE TO EXISTING PLANT
The Developer shall repair any damages caused to an existing road, Road Allowance or existing
structure or plant located on the Road Allowance as a result of the subdivision development and
shall pay for any costs involved in the relocation of existing services, such as hydrants, telephone
poles, etc., which may become necessary because of the development of the subdivision. In this
regard, the Developer's Engineer shall arrange for an inspection with the Township Public Works
Official and Township Engineer for the purpose of compiling an inventory of existing conditions
prior to work on the subdivision. Otherwise, the Township Public Works Official's assessment of
conditions prior to construction will be final.
7.8
DUST CONTROL
Until the Certificate of Substantial Completion and Acceptance (Aboveground Works) has been
issued, the Developer shall apply calcium to the roads within the Subdivision and/or utilized by
construction traffic, in quantities sufficient to prevent any dust problem to traffic or home
occupants, to the satisfaction of the Township Engineers.
If the Developer has not taken remedial action within twenty-four (24) hours of receiving a written
notification (via facsimile) from the Township's Engineer, regarding a dust control problem, then
the Township's Engineer, at their sole discretion, shall employ outside forces to implement, at the
Developer's expense, a suitable measure of dust control.
7.9 CONSTRUCTION REFUSE
All construction refuse, garbage and debris from the subdivision must be disposed of in an orderly
and sanitary fashion by the Developer, off the site of the subdivision, at a licensed landfill site.
The Township is not responsible for the removal or disposal of refuse, garbage and debris. Open
air huming is not permitted by the Township. The Developer agrees to deliver a copy of this
Clause to each and every builder obtaining a building permit for any lot or part of a lot on the said
Plan of Subdivision.
7.10 INSPECTION OF CONSTRUCTION OF SERVICES
During construction of the services, the Township may inspect the work in hand at such times and
with such duration and frequency as the nature of the type of construction may dictate. Subject to
the obligations of the Township Engineer to protect the interests of the Township through such
inspections, every effort will be made to keep duplication of engineering services on site to a
minimum. If during such inspections, the Township Engineer perceives that construction, whether
by method or otherwise, constitutes an immediate danger to life or property, or construction does
not conform to acceptable practice in order to meet the requirements for services, he will have the
authority to cease construction operations by verbal notice to the contractor and/or the Developer's
Engineer, such notice to be confirmed in writing as soon as possible, thereafter. A copy of this
Clause shall be delivered by the Developer to each and every contractor engaged in construction of
services for the Subdivision.
7.11 DECLARATION OF PROGRESS AND COMPLETION
a)
Prior to the approval of the underground services, the Developer shall provide the
Township Engineer with an undertaking for the completion dates of all remaining works
required by this Agreement and in a form similar to that attached to this Agreement as
Schedule "I", the Declaration of Progress and Completion for approval of the Township
Engineer. The Township reserves the right to alter the completion dates as it sees fit and
the Developer agrees to complete the services.
b)
It is understood and agreed that should the Developer fail to construct the remaining
services, as stipulated, and by such dates as provided in the Declaration, the Developer
shall pay to the Township, as predetermined, liquidated damages, the sum of Fifty Dollars
($50.00) for each and every day the said services are behind schedule of construction, and
NO FURTHER BUILDING PERMITS SHALL BE ISSUED.
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7.13.
7.12
PROGRESS OF WORKS
After the completion of the underground services, the Developer shall complete the Declaration of
Progress and Completion for the approval of the Township Engineer and from that date the said
Declaration shall apply and take precedence over Clause 4. I .5. Prior to signing the Declaration of
Progress and Completion, the Developer shall install all works in accordance with the Schedule of
Works or as directed by the Township Engineer. If he fails to adhere to the scheduling provisions
outlined in the Schedule of Works or the Declaration, or having commenced to install the aforesaid
works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works
are not being installed in the manner required by the Township Engineer, then upon the Township
Engineer giving seven (7) days written notice by prepaid registered mail to the Developer, the
Township Engineer may without further notice enter upon the said land and proceed to supply all
materials and to do all necessary works in connection with the installation of the said works,
including the repair or reconstruction of faulty work and the replacement of materials not in
accordance with the specifications, and to charge the costs thereof together with an engineering fee
of ten percent (10%) of the cost of such materials and works to the Developer who shall forthwith
pay the same upon demand. I fthe Developer fails to pay the Township within thirty (30) days of
the date on the bill, the money owing may be deducted from the cash deposit or Letters of Credit.
It is understood and agreed between the parties hereto that such entry upon the land shall be as
agent for the Developer, and shall not be deemed for any purpose whatsoever, as an acceptance or
assumption of the said works by the Township. The Township, in addition to all other remedies it
may have, may refuse to issue building permits until such works are completely instaUed in
accordance with the requirements of the Township Engineer. It is agreed that a copy of this clause
be delivered by the Developer to each and every builder obtaining a building permit for any lot or
part of a lot on the said plan.
SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES
It is intended that the hydro and street lighting, sewer system and detention pond wiJ) be
constructed, inspected and approved prior to the completion of the other Works.
Building permits will not be issued until the Township Engineer has given the Certificate of
Substantial Completion and Acceptance (Underground Services). The two (2) year maintenance
period for the underground services will commence when this Certificate is issued.
During the maintenance period, the Developer shall be responsible for the normal operation and
maintenance, and all repairs for the services noted in the Certificate.
If, during the two year maintenance period, the Developer fails to carry out rectification and repair
work as requested by the Township, then the Township may carry out the work and be reimbursed,
the cost of the work from the Developer's securities, as set out under Clause 9.3.
Notwithstanding, anything hereinafter set out, the Township shall not be obligated to assume the
responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the
subdivision or stage of the subdivision have completed dwellings erected therein and FinaJ
Certificate of Occupancy has been issued. The Developer shall be responsible for the normal
operation, maintenance, and all repairs of the services, in this case, until the Township has
assumed the responsibility of the services.
7.14. EMERGENCY REPAIRS
Employees or agents of the Township may enter onto the Lands at any time or from time to time
for the purpose of making emergency repairs to any of the works. Such entry and repairing shall
not be deemed an acceptance of the works by the Township or any assumption by the Township of
any liability in connection therewith or a release of the Developer from any of his obligations under
this Agreement.
7.15 USE OF WORKS BY TOWNSHIP:
'.
The Developer agrees that:
a) The works may be used prior to acceptance, by the Township or other authorized persons for
the purpose for which such works are designed.
b) Such use shall not be deemed an acceptance ofthe works by the Township, and
c) Such use shall not in any way relieve the Developer of his obligations in respect of the
construction and maintenance of the works so used.
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7.16 DRAINAGE AND LOT GRADING
All lots and blocks within the Plan and all lands abutting the Plan shaU be graded to drain
in accordance with the overall grading plan to be prepared by the Developer's Engineer for
approval by the Township Engineer and the Simcoe County District Health Unit. Some
fill and regrading of lots may be necessary during or after building construction. The
grading Plan shall show all existing and final grades on lot corners, as weU as mid lot
elevations, where deemed necessary by the Township Engineer.
It is understood and agreed by the parties hereto that drainage of surface water on the lots
and blocks on the plan is the sole responsibility of the respective lot owners once the
required drainage works have been constructed by the Developer.
The storm swales shall be landscaped and maintained by aU subsequent lot owners. The
purpose of the storm swales is to accommodate storm drainage waters from the subject lot
and adjacent lands. No lot owner in the Subdivision shall encumber or impede storm
drainage in any manner whatsoever. In the event that the Developer, or any subsequent lot
owner, obstructs, impedes, or interferes with the storm drainage flow through any part of
the storm swale, or interferes with the acceptance of water from any connecting swales,
then the Township shall have the right, if it so elects, to enter upon the subject lands to
rectifY such problems so that the swales can serve their original purpose.
Within the swale area, the Developer, and any subsequent lot owner, shall not, construct
any works, remove or permit to be removed any soil from the said swale/easement,
excavate, drill, instaH, erect or permit to be excavated, drilled, instaHed or erected in, over,
upon, under or through the said swaleleasement, any fence, well, foundation, pavement,
building or other structure or other installation.
The lot owner of any lot in the Subdivision upon which the Township elects to enter for the
purpose of rectifYing the said work, hereby agrees to indemnifY and release the Township
from and aglilnst all claims, demands, actions or causes of action whatsoever arising as a
result of the Township or of its servants or agents entering upon the lands for the purpose
of correcting drainage problems. The cost of such work will be for the account of the lot
owner. Any invoices not paid within thirty (30) days after due date, shall be added to the
tax roll and collected in a like manner as realty taxes, as per section 326 of the Municipal
Act.
The Developer agrees to deliver a copy of this Clause to each and every prospective
purchaser and/or builder obtaining a building permit for any lot or part of a lot on the said
Plan of Subdivision.
The Developer's Engineer shall prepare a drainage plan for the site for the approval of the
Township Engineer and the Simcoe County District Health Unit. Generally, the drainage
facilities will consist of open ditches within the subdivision or storm sewers in certain
locations to provide a satisfactory drainage outlet. The plan will show how water will be
controlled on and off the site and will include swales and/or easements where necessary.
7.17 PARKLAND WORKS
All parkland works indicated on the Park Development Plan are to be constructed in
accordance with Section 14 - Park Requirements of the Township of Oro-Medonte
Engineering Standards and Drawings.
The parkland must be completed to the satisfaction of the Township prior to issuance of
25% of the total building permits aUowed in the subdivision.
7.18 DEFINITIONS
For the purposes of this Subdivision Agreement:
(a)
The term "Underground Services" shall mean the storm drainage works (including culverts,
storm sewer and detention pond), underground electrical distribution system and streetlighting
serving the Plan of Subdivision, as more particularly described in Schedule "C" to this
Subdivision Agreement;
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(b)
The term "Certificate of Substantial Completion and Acceptance (Underground Services)" shall
mean a Certificate issued by the Township upon the recommendation of the Township Engineer
confirming that the Underground Services to be installed by the Developer under the provisions
of this Subdivision Agreement, as more particularly identified in Schedule "C", have been
substantially completed in accordance with plans and specifications reviewed and accepted by
the Township Engineer. The issuance of a Certificate of Substantial Completion and
Acceptance (Underground Services) shall not constitute an assumption of the Underground
Services by the Township;
.
(c) The term "Certificate of Maintenance and Final Acceptance (Underground Services)" shall
mean a Certificate issued by the Township upon the recommendation of the Township Engineer
confrrming that the Underground Services constructed by the Developer, in accordance with the
terms of this Subdivision Agreement, and as more particularly identified in Schedule "C", have
been satisfactorily completed and maintained by the Developer during the two-year (2)
maintenance period, and issuance of the said Certificate shall constitute final acceptance and
assumption of the Underground Services by the Township;
(d) The term "Aboveground Services" shall mean all municipal services to be constructed by the
Developer pursuant to the terms of this Subdivision Agreement, as more particularly identified
in Schedule "C", excluding Underground Services;
(e)
The term "Certificate of Substantial Completion and Acceptance (Aboveground Services)" shall
mean a Certificate issued by the Township upon the recommendation of the Township Engineer
confirming that the Aboveground Services to be installed by the Developer under the provisions
of this Subdivision Agreement, as more particularly identified in Schedule "C", have been
substantially completed, in accordance with plans and specifications reviewed and accepted by
the Township Engineer. The issuance of a Certificate of Substantial Completion and
Acceptance (Aboveground Services) shall constitute an assumption of the Aboveground
Services by the Township for winter maintenance only;
~
(f) The term "Certificate of Maintenance and Final Acceptance (Aboveground Services)" shall
mean a Certificate issued by the Township upon the recommendation of the Township Engineer
confirming that the Aboveground Services constructed by the Developer in accordance with the
terms of this Subdivision Agreement, and as more particularly identified in Schedule "C", have
been satisfactorily completed and maintained by the Developer during the two-year (2)
maintenance period, and issuance of the said Certificate shall constitute final acceptance and
assumption of the Aboveground Services by the Township;
(g) The term "Certificate of Substantia] Completion and Acceptance" means a Certificate of
Substantial Completion and Acceptance (Underground Services) or a Certificate of Substantial
Completion and Acceptance (Aboveground Services), as the provisions of this Subdivision
Agreement require;
(h) The term "Certificate of Maintenance and Final Acceptance" means a Certificate of
Maintenance and Final Acceptance (Underground Services) or a Certificate of Maintenance and
Final Acceptance (Aboveground Services), as the provisions of this Subdivision Agreement
require.
.
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PART - 8
BUILDING PERMITS AND OCCUPANCY
8.1
SIMCOE COUNTY DISTRICT HEALTH UNIT APPROVAL
The Developer further agrees that he or any person, persons, or Corporation claiming title through
the Developer, will not apply for a Building Permit for any part or portion of the said lands or on
any lot therein, and no Building Permit shall be issued until Simcoe County District Health Unit
Approval has been received for the land in question.
The Developer's Engineer shall prepare an overall Jot development plan for approval by the Simcoe
County District Health Unit and the Township Engineer as a further requirement to Clause 7.16.
The plan shall include the following:
(a) envelopes for the proposed house and any adjacent structures on each lot;
(b) an envelope showing the location, size and elevation of the subsurface sewage system on
each lot and all pertinent engineering design criteria;
(c) existing and proposed grades of the disturbed area of lot after building, drainage and
sewage works have been completed;
(d) existing and proposed grades on lot corners and mid lot elevation;
(e) location and type of proposed water well.
8. I . I The Developer agrees to advise aH prospective lot DeveJopers that a detailed site development plan
for each lot will be required to be prepared by a Professional Engineer registered with the
Association of Professional Engineers of Ontario, for approval by the Simcoe County District
Health Unit and the Township Engineer, prior to the issuance of a Building Permit for each
respective lot. Site development plans which conform to the overaH lot development plan at an
approved metric scale using metric dimensions and elevations, shaH include the following:
(a)
the location, dimensions and elevations of the proposed dwelling and any structures to be
located On the lot, as well as any adjacent structures on the adjacent lot(s);
(b)
the location, size and elevation of the sewage system; all engineering design criteria and
standards pertaining thereto, shaH be provided;
(c)
the location and type of water weH including the water service line to the dweHing;
(d)
the existing and proposed grades of the disturbed area on the lot after building, drainage
and sewage works have been completed;
the location and grades of any proposed drainage swales;
the professionaJ engineer win be required to check the elevations of the footings of the
buildings prior to further construction to ensure conformity with the approved plans noted
above;
(e)
(t)
(g)
the professional engineer will be required, prior to the issuance of a Use Permit, to certify
to the Simcoe County District Health Unit, in writing, that the foregoing works have been
carried out in accordance with the approved plans noted above.
The Developer further agrees to construct all works required under Clause 7.16 and as shown on
the approved General Location and Lot Grading Plans, Storm Drainage Area Plan and Erosion
Control Plan, all prepared by............................., to the satisfaction of the Simcoe County
District Health Unit and Township Engineer.
The Developer further agrees to advise all prospective lot owners of the requirement, that it may be
necessary for the sewage system to be instaHed prior to construction of the home subsequent to the
issuance of a Certificate of Approval.
24
.
.
8.2 REQUIREMENTS FOR BUILDING PERMITS
The approval of the plan by the Township or the acceptance by the Township of the works shall
not be deemed to give any assurance that the municipal building permits, when applied for, will be
issued in respect of the lots or blocks shown on the plan.
Notwithstanding the foregoing, no building permits will be given and the Township may refuse any
application until:
a)
AJI Simcoe County District Health Unit and Ministry of the Environment and Energy
approvals have been obtained and submitted to the Township. Simcoe County District
Health Unit requirements are set out in Clauses 7.16 and 8.1.
b) The storm sewer systems have been installed, tested and approved by the Township
Engineer and he has issued his Certificate of Substantial Completion and Acceptance
(Underground Services).
c) Plans for remaining underground services such as Bell Telephone, Hydro or Natural Gas
have been approved.
d) A "Builders" road consisting of the grading, curb and gutter or ditch shaping and full depth
of Granular "B" sub-base has been constructed on the road providing access to the lot.
e) Approval of the Township Engineer has been obtained for the construction of any
buildings to be erected on lots or blocks listed in Schedule "E" hereto.
1) Signs denoting "Unassumed Roads" have been installed at the entrances to the subdivision
in a location acceptable to the Township in accordance with Clause 4. J .7.
g) A Certificate Letter and Lot Development Plan has been given by the Developer's
Consulting Engineer or a Professional Engineer registered with the Association of
Professional Engineers of Ontario, that the building to be erected on any lot or block
within the plan, for which a Building Permit has been applied for, is in conformity with the
General Location and Lot Grading Plans or has received the approval of the Township
Engineer with respect to any variance to the grading plan.
The individual Lot Development Plan must be approved by the Township Engineer prior to
issuance of a Building Permit.
h) All dead trees within the limit of the plan have been removed.
i) Arrangements have been made and approved by the Township for Municipal Address
System numbering as set out in Clause 8.4.
j) The parkland must be completed to the satisfaction of the Township, prior to the issuance
of25% of the total building permits allowed in the development.
k) The Traffic and Street Name signs have been instaJled and approved by the Township
Engineer.
8.3 LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL ATTENTION
Any lot which will require special attention, in order to be serviced, will be listed on Schedule "E"
of this Agreement. Prior to the issuance of a building permit for any lot listed in Schedule "E", the
Developer's Engineer must submit a letter to the Township Engineer outlining the measures to be
taken to correct the problems on the lot. This proposal must be approved prior to applying for a
building permit.
8.4
MUNICIPAL ADDRESS SYSTEM
The Developer shall be responsible for obtaining the municipal address system numbers for each
and every lot from the Municipal Office. As a further requirement, in order to obtain a Provisional
Certificate of Occupancy , the Developer and/or builder, or lot owner, shall install the
aforementioned number at a location approved by the Township. The Developer agrees to provide
a copy of this clause to each and every builder or lot owner in advance of the sale of such lot(s).
25
.
.
8.5 REOUIREMENTS FOR OCCUPANCY
8.5.1 No buildings erected on the lots or blocks within the plan shall be occupied until a
PROVISIONAL CERTIFICATE OF OCCUPANCY has been issued by the Township in
accordance with the Township Building and Plumbing By-Law.
PROVISIONAL CERTIFICATE OF OCCUPANCY means a permit issued to allow
occupancy of a building.
8.5.2 A FINAL CERTIFICATE OF OCCUPANCY will not be issued until:
a) The roadway has received the granular roadbase materials full depth and the base
course of asphalt provided asphalt is commercially available.
b) The underground hydro, telephone lines, gas mains and street lights have been
installed and approved by the Township Engineer.
c) A Certificate Letter and individual Lot Development Plan has been given by the
Developer's Consulting Engineer, or a Professional Engineer, registered with the
Association of Professional Engineers of Ontario, that the building constructed,
and the final grading ofthe lot or block is in conformity with the General Location
and Lot Grading Plans or such variance therefrom has been approved by the
Township Engineer.
The final grading on the individual Lot Development Plan must be approved by
the Township Engineer prior to issuance of a FINAL CERTIFICATE OF
OCCUPANCY.
FINAL CERTIFICATE OF OCCUPANCY means a permit issued when all
outstanding items on a Provisional Certificate of Occupancy including grading
have been completed.
e) Driveway culvert and end protection have been provided to the satisfaction of the
Township in accordance with the Township's Road Occupancy Permit.
1) The trees have been planted on the lot by the Developer in accordance with Clause
7.3.
g) Any deficiencies on a Provisional Certificate of Occupancy has been complied
with. It is agreed that a copy of Part 8 shall be delivered by the Developer to each
and every builder obtaining a builder's permit or any prospective purchaser of the
dwelling for any lot or part of a lot on the said plan.
8.6. OCCUPANCY LlOUIDA TED DAMAGES
Notwithstanding the above, if for any reason whatsoever, occupancy of any building occurs before
the vital services listed in Clause 8.5 are installed to the home occupied, to the satisfaction of the
Township Engineer then the Developer agrees to pay to the Township, liquidated damages in the
amount of One Hundred Dollars ($100.00) per dwelling per day to cover the additional costs of
administration, inspection and fire protection, etc. The liquidated damages to commence at and
include the date of occupancy and end when the Developer obtains a certificate from the Township
Engineer that the vital services are satisfactorily installed. If the Developer fails t.o pay to the
Township monies owing under this clause within thirty (30) days ofthe date of the bIll the money
may be deducted from the cash deposit or Letter of Credit or other deposited security.
26
PART - 9
MAINTENANCE AND ACCEPTANCE
9.1
FINAL ACCEPTANCE OF UNDERGROUND SERVICES
.
On receipt of the Developer's request for a final inspection of the underground services, the
Township Engineer will again inspect the work, and if satisfied, will recommend to the Township
that the Certificate of Maintenance and Final Acceptance (Underground Services) be issued. It
should be noted that the Certificate of Maintenance and Final Acceptance (Underground Services)
can be applied for by the Developer two (2) years after the receipt of the Certificate of Substantial
Completion and Acceptance (Underground Services).
Notwithstanding, anything hereinafter set out, the Township shall not be obligated to assume the
responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the
subdivision or stage of the subdivision have completed dwellings erected therein and the Final
Certificate of Occupancy has been issued. The Developer shall be responsible for the normal
operation, maintenance, and all repairs of the services in this case until the Township has assumed
the responsibility of the services.
9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES
When all of the services have been completed including the surface lift of asphalt, in accordance
with this Agreement or in a particular stage, the Township Engineer and Public Works Official
shall make an inspection to ensure that the Township will accept the road system. The Township
Engineer shall issue a Certificate of Substantial Completion and Acceptance (Aboveground
Services) when the Works are accepted by the Township. This Certificate may contain a list of
minor deficiencies which have to be corrected by the Developer but which are not considered of
sufficient importance to delay the issuance ofthe Certificate and the acceptance of the services by
the Township. The two (2) year maintenance period will commence when the Township Council
approves the issuance of the Certificate.
9.3. MAINTENANCE OF WORKS
The Developer will be responsible for the repair and maintenance of all the subdivision services for
a period of two (2) years from the date the Township Council approves the Certificate of
Substantial Completion and Acceptance. This shall be called the Maintenance Period. The
maintenance shall include the maintaining and mowing of grass within the road allowances as well
as the parkland area and detention pond on a regular basis. If the Township is requested to carry
out this maintenance, the Developer shall pay all charges to the Township.
If during this period, the Developer fails to carry out maintenance work within forty-eight (48)
hours after receipt of a request from the Township, then the Township Engineer may, without
further notice, undertake such maintenance work and the total cost of such work including
engineering fees shall be borne by the Developer. If the Developer fails to pay the Township
within thirty (30) days of the date of billing, then the money owing may be deducted from the cash
deposit or Letter of Credit. During the maintenance period, ten percent (10%) of the original
estimated cost of the works shall be retained by the Township.
Towards the end of the maintenance period, the Developer shall make written request to the
Township for a final inspection to be made and notwithstanding the two (2) year period noted
above, the maintenance period will continue for the original two (2) years or for thirty (30) days
after the receipt of the Developer's written request for a finaJ inspection, whichever period of time
is the greater.
Notwithstanding, anything hereinafter set out, the Township shall not be obligated to assume the
responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the
subdivision or stage of the subdivision have completed dwellings erected therein and Final
Certificate of Occupancy has been issued. The Developer shall be responsible for the maintenance
of the services in this case until the Township has assumed the responsibility of services.
9.4
WINTER ROAD MAJNTENANCE
.
An exception to the liability of the Developer for all maintenance and repair of the services during
the two (2) year maintenance period will be winter control which operation will be the Township's
responsibility after the issuance of the Certificate of Substantial Completion and Acceptance
(Above ground Services). Winter control shall include snow ploughing, sanding and any other
winter maintenance operations. It is agreed by the Developer that the winter control operations
shall not prejudice the Township's rights to enforce the maintenance provisions. Prior to the
issuance of the Certificate of Substantial Completion and Acceptance (Above ground Services)
however, the Developer shall be responsible for the winter control also. In the event that proper
vehicular access or winter control is not provided by the Developer, the Township through its
servants, contractors, or agents may provide without notice to the Developer. Such winter control
shall be only carried out at times deemed to be an emergency by the Public Works Official. All
costs of such work shall be paid by the Developer within thirty (30) days of the date of billing or
otherwise may be deducted from the cash deposit or Letter of Credit.
27
The cost of such works to be at the following rates:
Machinery and Equipment
Labour
Mixed Sand and Salt
PayroJl Burden - 4 I %
Administration - 7%
G.S.T. - 7%
$28.00 Ihr
$15.00 Ihr
$12.00 1m3
.
These rates may be adjusted by the Township from time to time.
The Developer further agrees that any work done by the Township pursuant to this agreement
before the roads are accepted by the Township shall not be deemed in any way to be an acceptance
by the Township of the roads in the said subdivision upon which such work is done. The
Developer acknowledges that the Township whilst providing winter control may damage or
interfere with the works of the Developer and covenants that he will make no claims against the
Township for such interference or damage, providing the work is carried out in a normal and
reasonable manner. .
9.5
REPLACEMENT OF SURVEY BARS
Prior to the final acceptance of the subdivision by the Township, the Developer agrees to supply a
statement from an Ontario Land Surveyor approved by the Township that after the completion of
the subdivision work, he has found or replaced all survey monuments and standard iron bars shown
on the registered plan. The statement must be dated within two months of the date of acceptance.
9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES
On receipt of the Developer's request for a final inspection of the Aboveground Services, the
Township Engineer will again inspect the work and if satisfied will recommend to the Township
that the Certificate of Maintenance and Final Acceptance be issued.
Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the
responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the
subdivision or stage of the subdivision have completed dweJlings erected therein and the Final
Certificate of Occupancy has been issued. The Developer shall be responsible for the maintenance
of the services, in this case, until the Township has assumed the responsibility of the services.
9.7. RELEASE OF LAND
The Developer, when not in default of the Subdivision Agreement to provide the requisite public
services to the lands, shall be entitled to an effective release in a form suitable for registration in
the County Registry Office for each lot or block which is in conformity with the overall grading
plan for the lands or such variance therefrom as has been approved by the Township Engineer.
Every such release shall operate as a discharge of all levies hereunder by the Township in respect
to each lot or block described in the release with the exception of the responsibility for drainage as
outlined in Clause 9.8 and the completion and maintenance of the services.
9.8 DRAINAGE - RESPONSffiILITY OF DEVELOPER AND SUBSEQUENT OWNERS
It is understood and agreed that the drainage of surface waters upon and ITom the said lands shall remain
the sole responsibility of the Developer and the subsequent owners ITom time to time of the lots or blocks
within the Plan of Subdivision. The Developer and subsequent owners or the lots or blocks within the
Plan of Subdivision ITom time to time shall provide and maintain adequate drainage of surface waters
across and ITom the said lands in accordance with the provisions of Section 7.16 of this Subdivision
Agreement. The Developer agrees to provide a copy of this Section 9.8 and Section 7.16 to each and
every prospective builder/prospective purchaser of a lot or block within the Plan of Subdivision.
.
The Developer and the owner ITom time to time of any lot or block within the Plan of Subdivision upon
which the Township elects to enter for the purpose of rectifYing the said work, hereby agrees to
indemnifY and release the Township ITom and against all claims, demands, actions or causes of action
whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the
purpose of correcting drainage problems. The cost of such work will be for the account of the Developer
and/or subsequent lot owner. Any invoices not paid within thirty (30) days after due date, shall be added
to the tax roll and collected in a like manner as realty taxes as per section 326 of the Municipal Act.
28
.
.
PART-to
DEFAULT PROVISIONS
10.1.
DEFAULT PROVISIONS
Notwithstanding anything herein before contained in this Subdivision Agreement, when the Developer is
deemed by the Township to be in default of this Agreement, the Township reserves the right to realize
upon securities deposited by the Developer to recover costs incurred by the Township, in accordance
with the provisions of Section 5.6 of this Subdivision Agreement, and/or to restrict or refuse issuance of
building and/or occupancy permits for lots or blocks within the Plan of Subdivision, until such time as
the Developer is in full compliance with the provisions of this Subdivision Agreement.
10.2
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective
heirs, executors, administrators and assigns.
IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be
affixed the corporate seals, duly attested to by the proper signing officers.
SIGNED, SEALED AND DELIVERED this
A.D. 1997.
day of
THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE
Per
Title
Per
Title
Per
Title
Per
Title
29
.
.
SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement
between the Township ofOro-Medonte and
DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT:
ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the Township
of Oro-Medonte (formerly Township of ......... .....), in the County of Simcoe, and being composed of the
whole of the lands described as follows:
30
.
.
SCHEDULE "B"
NOTE:
It is understood and agreed that this Schedule forms part of the Subdivision Agreement
between the Township ofOro-Medonte and
PLAN OF SUBDlVISION
31
.
.
NOTE:
SCHEDULE "C"
It is understood and agreed that this Schedule forms part of the Subdivision Agreement
between the Township ofOro-Medonte and
WORKS TO BE CONSTRUCTED
Complete roadway construction including excavation, granular roadbed materials, two lifts
of asphalt, topsoil and seeded boulevards with erosion control measures as required;
Storm drainage works including ditches, culverts, storm sewer and detention pond;
Street and traffic signs;
Underground hydro, telephone, and street lighting;
Parkland
All of the above works are incorporated on to the following engineering drawings prepared by
The above referenced drawings were stamped as accepted by the Township Engineers, R.G.
Robinson and Associates (Barrie) Ltd., on 19
32
.
.
SCHEDULE "D"
NOTE:
It is understood and agreed that this Schedule forms part of the Subdivision Agreement
between the Township ofOro-Medonte and
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS
The following list summarizes the cost estimate of the major works but is not necessarily inclusive:
A) Roadway construction complete including clearing
and grubbing, excavation, granular road base
materials and two lifts of asphalt............................................................$
B) Storm Drainage works complete including storm
sewer, ditch inlet catchbasin, culverts, detention pond,
topsoil, seed and mulch, sod, ditching and siltation and
erosion control devices...................................... ... ......... ... .......... .....$
C) Miscellaneous Items such as street name and
regulatory signs................... ........................................ ............................ $
D) Electrical Supply including street lights,
control panels and duct crossings..................................... ........................ $
E) Parkland works including grading, trees, fence
and park sign ................................... ................. .................. $
F) Allowance for Engineering and supervision. ............................................. $
SUB-TOTAL
$
$
7% G.S.T.
FINAL OCCUPANCY AND LOT GRADING DEPOSIT:
Per Lot $
x
$
Lots
TOTAL COST
$
33
.
.
NOTE:
SCHEDULE "E"
It is understood and agreed that this Schedule forms part of the Subdivision Agreement
between the Township of Oro-Medonte and
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES
& LIST OF LOTS REQUIRING SPECIAL ATTENTION
See Clause 8. I which sets out specific requirements for all lots on the Plan in order to
obtain a building permit for each and every lot.
34
.
.
SCHEDULE "F"
NOTE:
It is understood and agreed that this Schedule forms part of the Subdivision Agreement
between the Township ofOro-Medonte and
Cash Deposits, Development Charges and Securities
The Developer, as a capital contribution towards other Township services, will pay to the Township in
addition to all other monies required to be paid by the Developer under this Agreement the Development
Charges Act Levy, in an amount required by the Township's Development Charges By-Law on the date the
payment is received by the Township at the Municipal Office. The Development Charges Act Levy in
place at the time of the execution of this Agreement is $... ......... per dwelling unit.
An amount equal to or greater than the hard services portion of the total Development Charges Act Levies
for all the lots must be paid at the time of execution of the Subdivision Agreement.
Prior to issuance of a building permit the remainder of the Development Charges Act levy is to be paid on a
per lot basis, until levies have been paid for all Jots.
Development Charges Act Levies Breakdown
Total Levies Due
lots at $............
~
$
Prepayment for Hard Services Portion of Levies
lots at 43.9% of$............ ::;::
Equivalent hard services portion of levy
for lots
$
$
Ilot
Remainder of Levies Due Prior to Issuance of Building Permits
lots at 56.1% of$............
Equivalent remainder of levy for lots
~
$
$
Ilot
~
Note: ]) The hard services portion oflevy (43.9%) was derived from Table C-2 of Township ofOro's
Development Charge Policy Report.
2) This breakdown is based on the current levy.
35
.
.
SCHEDULE "0"
NOTE:
It is understood and agreed that this Schedule forms part of the Subdivision Agreement
between the Township ofOro-Medonte and
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block
Number inserted in the description of the document, and the registered Plan Number shall be left blank, to
be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation,
execution and registration thereof, shall be borne by the Developer.
All documents to be registered, shall be prior approved by the Solicitor for the Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSIDP
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSIDP
36
.
.
NOTE:
PARKLAND
SCHEDULE "H"
It is understood and agreed that this Schedule forms part of the Subdivision Agreement
between the Township ofOro-Medonte and
37
.
.
SCHEDULE "["
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION
DEVELOPER
CONSULTING ENGINEER
As required by the Agreement between the Corporation of the
Township ofOro-Medonte and
The Developer(s) dated
I. The Developer hereby agrees and undertakes to complete the construction of the Works as required
by the above-mentioned agreement in accordance with the time schedule for the completion of
services as approved by the Township Engineer and more specifically in accordance with the
following schedule and conditions:
a) Before any building erected on the lots or blocks in the Plan are occupied all the
Requirements for Occupancy as set out in Clause 8.5 shaIl be complied with.
b) Granular "8" and Granular "A" on or before
c) Grading, topsoiling and seeding of private blocks and parks On or before
d) Boulevard sodding on all roads on or before
e) Hot asphalt on or before
f) Planting of trees on or before
2. The Developer further agrees that the Township is hereby authorized to carry out, at his expense,
any of the work set out in this Declaration not finished on or before the completion dates, to be
commenced not sooner than one week foIlowing such completion date, it being understood and
agreed that the Township's authorization is limited only to that work required under the
Declaration.
3. The Developer undertakes to properly maintain the gravel road base at all times and to keep all
roads in a mud-free and dust-free condition until such times as the roads, including boulevards,
have been completed.
4.
The Developer further agrees and the Township is hereby authorized to undertake any of the
maintenance work as set out under Item 3 hereof, not completed by him within 24 hours after
receipt of such request for maintenance, at his expense, and without limiting the generality of the
foregoing, the Township's cost shall be the cost of materials, equipment rental, labour, payroll
burden, plus 20% for overhead.
38
.
.
2
5. It is understood and agreed that should the Developer fail to construct the remaining services to
carry out the requirements ofltem 3 as stipulated, and by such dates and within such time limits as
provided by this undertaking the Developer notwithstanding the costs noted in Section 4, shall pay
to the Township, as predetermined liquidated damages, the sum of fifty Dollars ($50.00) for each
and every calendar day the said services are behind schedule of construction provided such delay is
not caused by strikes or acts of God or additional work being required by the Township.
Signed
Developer
Seal or Witness
Date
39
.
.
SCHEDULE "J"
NOTE:
[t is understood and agreed that this Schedule forms part of the Subdivision Agreement
between the Township of Oro-Medonte and
GENERAL LOCATION AND LOT GRADING PLANS
PROCEDURE
After the General Location and Lot Grading Plan have been approved by the Township, then:
a) six copies to be delivered to the Solicitor for the Township;
b) six copies to be delivered to the Township;
c) mylars for each Plan incorporated into the Subdivision Agreement shall be delivered to the Solicitor for
the Township.
40
.
.
SCHEDULE"K"
SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
DATE OF ISSUE:
NAME OF BANK:
ADDRESS OF BANK:
LETTER OF CREDIT NO.:
AMOUNT: $
Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs and
Practices for Documentary Credits (1993 Revision), being ICC Publication No. UCP 500.
TO:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
P.O. Box 100, Oro Ontario, LOL 2XO
We hereby authorize you to draw on the Bank of
Ontario, . for the account of
, up to an aggregate amount of
wmcn IS avauaDle on aemand.
,
, ($$$$$$$$)
Pursuant to the request of our said customer, , we, the Bank of
, , Ontario, , hereby establish and give
to you an Irrevocable Letter ot CredIt m your tavour, in the above amount, whIch may be drawn on by you
at any time and from time to time, upon written demand for payment made upon us by you which demand
we shall honour without enquiring whether you have the right as between yourself and our said customer to
make such demand and without recognizing any cJaim of our said customer or objection by them to
payment by us.
Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the
Township ofOro-Medonte. The original Letter of Credit must be presented to us at: Bank of
, , Ontario, . The Letter of Credit, we
understano, relates to a ~UbOlvlslon Agreement between our said customer and the Corporation of the
Township of Oro-Medonte, with Mortgage Company. as a third party, regarding subdivision of
(property description)
The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing,
given to us by an authorized signing officer of the Corporation of the Township ofOro-Medonte.
Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit wiJI
be duly honoured upon demand.
This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition
hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically
extended without amendment from year to year, fi-om the present or any future expiration date hereof,
unless at least thirty (30) days prior to the present, or any future expiration date, we notifY you in writing
by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional
period.
Dated at
, Ontario, this
day of
19
authorized signature
Bank of
authorized signaturc
4]