02 24 2010 SpCouncil AgendaTOWNSHIP OF ORO-MEDONTE
SPECIAL COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, FEBRUARY 24, 2010
TIME: 6:00 P.M.
Page
1. OPENING OF MEETING BY THE MAYOR
2. PRAYER/CONTEMPLATION/REFLECTION
3. ADOPTION OF AGENDA
a) Motion for Adoption.
4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
5. PUBLIC MEETINGS:
a) 6:00 p.m. Proposed Amendment to the Zoning By-Law, Part of Lot 5,
Concession 14 of Plan 51 R-32598 being Part 2, 1803 Warminster Sideroad
(Medonte), Township of Oro-Medonte, 2010-ZBA-02, (Township of Oro-
Medonte).
6. REPORTS OF MUNICIPAL OFFICERS:
3-4 a) Report No. DS 2010-009, Andria Leigh, Director of Development Services, re:
Certificate of Maintenance and Final Acceptance (Aboveground Works) for
Fairway Forest (Terra Ridge) Subdivision, Registered Plan M-746 [Refer to
Item 7b)].
5-8 b) Report No. DS 2010-012, Andria Leigh, Director of Development Services re:
Site Plan Applications and Committee Structure.
7. BY-LAWS
9-56 a) By-Law No. 2010-041 Being a By-law to Authorize the Execution of a
Subdivision Agreement between the Corporation of
the Township of Oro-Medonte and 2189952 Ontario
Ltd. and to Repeal By-law No. 2009-151 "Being a
By-law to Authorize the Execution of a Subdivision
Agreement between the Corporation of the
Township of Oro-Medonte and 2189952 Ontario
Ltd."
Page 1 of 59
Page
Special Council Meeting Agenda - February 24, 2010.
7. BY-LAWS
57-58 b) By-Law No. 2010-045 Being a By-Law to Authorize the Issuance of the
Certificate of Maintenance and Final Acceptable
(Aboveground Works) for Fairway Forest (Terra Ridge
Developments Inc.), Registered Plan 51M-746.
8. CONFIRMATION BY-LAW
59 a) By-Law No. 2010-046 Being a By-Law to Confirm the Proceedings of the
Special Council Meeting Held on Wednesday,
February 24, 2010.
9. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM
10. ADJOURNMENT
a) Motion for Adjournment.
Page 2 of 59
Agenda Item # {AgendaNumber} - f Item Description)
REPORT . `7humshrn of*
Proud _&-1Lrit4,?e, ExcitigR Future
Report No.
To:
Prepared By:
DS2010-009
Council
Andria Leigh
Meeting Date:
Subject:
Motion #
February 24, 2010
Certificate of Maintenance and
Roll
Final Acceptance
R.M.S. File
(Aboveground Works) for
Fairway Forest (Terra Ridge)
D12 3342
Subdivision, Registered Plan
M-746
RECOMMENDATION(S): Requires Action X For Information Only
It is recommended that:
1. THAT Report No. DS2010-009 be received and adopted;
2. THAT the Township issue the Certificate of Maintenance and Final Acceptance
(Aboveground Works) for Fairway Forest (Terra Ridge Developments Inc.) Subdivision
dated January 12, 2010, Registered Plan M-746;
3. THAT the Clerk bring forward the appropriate by-laws to assume Forest Hill Drive and for
the Certificate of Maintenance and Final acceptance for Council's consideration; and
4. THAT the Developer be notified of Council's decision.
I BACKGROUND:
The Township of Oro-Medonte entered into the original Subdivision Agreement with Terra Ridge
Developments Inc. in May 2003 (2003-046) consisting of fifteen residential lots (15) lots on
Forest Hill Drive. The subdivision is located off Line 1 North, south of Ski Trails Road.
I ANALYSIS:
In June 2003, the Township authorized the issuance of a Certificate of Substantial Completion
and Acceptance (Underground Works) (By-law 2003-082). With the issuance of that certificate
the Developer's two (2) year maintenance period began. The Certificate of Maintenance and
Final Acceptance (Underground Works) was issued by the Township in November 2006 (By-law
2006-107) at that time under the same by-law the Township issued the Certificate of Substantial
Completion and Acceptance (Aboveground Works) which resulted in the Developer's two (2)
year maintenance period beginning for the Aboveground works.
The Township's Engineering Consultant, AECOM, completed an inspection of the development
on December 11, 2009 and is recommending the issuance of the Certificate of Maintenance and
Final Acceptance (Aboveground Works). The developer has now completed the required two
DEVELOPMENT SERVICES February 24, 2010
Report No. DS2010-009 Page 1 of 2
Page 3 of 59
Agenda Item # {AgendaNumber} - f Item Description)
(2) year maintenance period for the Aboveground Works in accordance with the Subdivision
Agreement.
Prior to bringing forward this report, Township staff through further discussions identified the
requirement for a driveway repair at Lot 11 and the removal of a small stump in the ditch in
front of Lot 11 (16 Forest Hill Drive). The developer through discussions with Township staff
has confirmed in writing their intent to resolve these issues in the spring and has posted
securities in the amount of $ 1000 with the Township to ensure this work is completed to the
Township's satisfaction.
AECOM has also recommended to the Township the final reduction to the Letter of Credit from
$ 45,583.65 to $ 0. Once the Township has received the payment for any outstanding
developer accounts and the required Statutory Declaration that all accounts for works and
material have been paid, staff will proceed with the reduction of the letter of credit.
FINANCIAL:
n/a
CONSULTATIONS:
Manager of Transportation and Environmental Services
AECOM
ATTACHMENTS:
None
CONCLUSION:
The above noted certificate for Terra Ridge Developments Inc. is in compliance with the
subdivision agreement and therefore the issuance of the certificate is considered appropriate.
With the issuance of the Certificate for the Aboveground Works, the Township will be
responsible for this maintenance. The appropriate by-law to assume Forest Hill Drive will also
be required to be brought forward. Upon receipt of the required Statutory Declaration the Letter
of credit reduction as recommended in the AECOM letter of January 12, 2010 will also be
processed by Township staff.
Respectfully submitted:
-..._..r^'.~/~
Andria Leigh, MCC Ira
RPP
Director of Development Services
SMT Approval / Comments: C.A.O. Approval / Comments:
DEVELOPMENT SERVICES February 24, 2010
Report No. DS2010-009 Page 2 of 2
Page 4 of 59
Agenda Item # {AgendaNumber} - f Item Description)
REPORT 4 ) Township 01
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Proud Heritage, LxcitinR FuWre
Report No.
To:
Prepared By:
DS2010-012
Council
Andria Leigh
Meeting Date:
Subject:
Motion #
February 24, 2010
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Committee Structure
R.M.S. File
I RECOMMENDATION(S): Requires Action For Information Only
It is recommended:
1. THAT Report No. DS 2010-012 be received and adopted;
2. THAT a streamlined site plan review process as outlined in Report DS 2010-012 be
established in recognition of Council's Mandate on Service Excellence; and,
3. THAT the Clerk bring forward the appropriate by-law.
I BACKGROUND:
The Planning Act, under Section 41, defines and provides the authority for Site Plan Control and
the ability for a municipality to pass a by-law to designate site plan control areas. The
Township, through its Official Plan, describes specific areas which are proposed to be subject to
Site Plan Control and on that basis the Township adopted By-law 2009-062 to Designate Areas
of the Township as Site Plan Control Areas. This By-law also states that no person shall
undertake any development in an area designated under the By-law unless the Council of the
Township of Oro-Medonte has approved its Site Plan and authorized the execution of a Site
Plan Control agreement.
The Planning Act further states that where the Council of a municipality has designated a site
plan control area under this section, the council may, by by-law delegate to either a committee
of the council or to an appointed office of the municipality identified in the by-law either by name
or position, occupied, any of the council's powers or authority under this section. Section 4 of
By-law 2009-06 states that "The requirement for a Site Plan Control Agreement may be waived:
(a) By the Council of the Township of Ora-Medonte when, in the Council's opinion, the
extent and nature of the development does not warrant an agreement;
(b) In the case of amendments to existing site plan agreements where the Director of
Development Services is of the opinion that the use and development of the lands
provided for in the original agreements remains substantially unaltered;
(c) Where the Director of Development Services is of the opinion that the use and
development of the lands is considered minor in nature."
DEVELOPMENT SERVICES February 24, 2010
Report No. DS2010-012 Page 1 of 4
Page 5 of 59
Agenda Item # {AgendaNumber} - f Item Description)
Under Section 41(13) of the Planning Act, Council has the ability to delegate to a Committee of
Council any of the Council's powers or authority, except the authority to define any class or classes
of development. Council, through the adoption of a By-law in 1994 delegated its authority under
Section 41 to the Site Plan Control Committee.
The Site Plan Committee is comprised of 2 members of Council, the Mayor (ex-officio), and the
following members of staff: Director of Development Services, Manager of Planning Services,
Intermediate Planner, Planner, Manager of Environmental and Engineering Services, Director of
Transportation and Environmental Services, Director of Fire and Emergency Services, Chief
Building Official, G.A.O. (as necessary) and Clerk (as necessary).
The Committee meets on an "as needed" basis to discuss any site plans in progress - whether
new applications or revisions to existing plans.
A review of current by-laws which are in effect, has determined some discrepancies in regards
to the By-law to appoint a site plan committee. This has resulted in further discussion based on
the Mandate of Council to provide improved customer service and more streamlined processes
for planning applications. The intent of this report is to review the available options for
processing of site plan applications.
I ANALYSIS:
The current site plan application process is as follows:
Application received by Planning staff; Upon receipt of a completed application (as
indicated above) a Department Head and Consultant/Agency circulation is
completed to review the proposal and matters affecting the proposed development
(i.e. servicing, traffic, drainage etc).
2. Once this circulation is complete, the application is scheduled for a Site Plan
meeting with the Committee. These meetings occur on an "as needed" basis. The
applicant is asked to discuss any comments/concerns of the Committee which
arose during the circulation of the application and any revisions which will be
required. If necessary, a meeting of the Committee on the site can be scheduled at
the discretion of the members of the Committee.
3. The applicant is required to make revisions to the Site Plan drawings and provide
revised drawings to the Site Plan Control Committee. Site Plan Control Committee
Meetings may be held to review the revisions requested by the Site Plan Control
Committee and to discuss the-standard Site Plan Agreement and any revisions
required.
4. The applicant is to review the Site Plan Agreement, obtain all applicable signatures,
and provide four (4) original agreements, the final Letter of Credit, and the final Site
Plan drawings (11" x17" size) to the Township for execution of the Agreement.
5. Planning Staff are responsible for drafting the By-law for the execution of the Site
Plan Agreement and a package for Council consideration.
6. Once executed by Council, the Site Plan Agreement is registered on title as
coordinated by Planning staff. Costs associated with registration are the
responsibility of the applicant.
DEVELOPMENT SERVICES February 24, 2010
Report No. DS2010-012 Page 2 of 4
Page 6 of 59
Agenda Item # {AgendaNumber} - f Item Description)
Currently the Site Plan Committee makes a recommendation to Council to approve the site plan
and associated by-law and agreement. There is currently no staff report presented to Council in
regards to any site plan application.
In reviewing the existing by-laws, the original By-law 94-26 being a by-law to appoint a Site Plan
Control Committee and was adopted in January 1994. This by-law established a Committee to
be known as the Site Plan Control Committee to exercise powers under Section 41 of the
Planning Act. This Committee was to include the following: Planner, Public Works
Administrator, Chief Building Official, and a Council member appointed by Council. Since the
adoption of the original by-law there have been several amendments to the original by-law,
some of which have been repealed, the following are the two additional amendments still in
effect:
1. By-law 96-107 (adopted November 6, 1997) - this by-law amended the representation
on the Committee to include the following: Development Co-ordinator, Director of Fire
and Emergency Services, Director of Public Works, Director of Building/Planning
Development, Director of Parks & Recreation and Community Economic Development,
the C.A.O. (as necessary), the Clerk (as necessary), and two members of Council
appointed by Council for a one year period.
By-law 98-6 (adopted January 21, 1998) - this by-law further amended the
representation on the Committee to include the following: Planner, Director of
Building/Planning Development, Manager of Public Works, Director of Fire Emergency
Services, Director of Parks, Recreation & Community Economic Development, the
C.A.O. (as necessary), the Clerk (as necessary), the Township Engineering Consultant
(as necessary), and two members of Council appointed by Council for the term of
Council.
The review of the current existing by-laws has identified discrepancies with respect to the Site
Plan Approval process. In promoting Council's Mandate of Service Excellence, it is
recommended that a less formal internal site plan review group, comprised of staff, review the
application and drawings with the applicant. Once an application has been revised to the
satisfaction of staff, planning staff would prepare a complete planning report for Council's
consideration. The intent of this process would be to streamline the process for an applicant
and to ensure that Council, as a whole, has a comprehensive staff report on which to make a
decision in regards to any site plan application.
Based on the above-noted recommendation, which proposes an internal staff review group,
each of the existing by-laws would be required to be repealed and the Site Plan Technical
Support Group would be discontinued.
FINANCIAL:
n/a
POLICIES&EGISLATION:
The Planning Act
Official Plan
Council Mandate - Service Excellence
DEVELOPMENT SERVICES February 24, 2010
Report No. DS2010-012 Page 3 of 4
Page 7 of 59
Agenda Item # {AgendaNumber} - f Item Description)
CONSULTATIONS:
Director of Corporate Services/Clerk
ATTACHMENTS:
n/a
CONCLUSION:
All site plan applications will be reviewed and assessed by an internal staff committee
comprised of representatives from Development Services, Fire and Emergency Services,
Corporate Services, Recreation and Community Services, and Transportation and
Environmental Services. Upon completion of the required technical review, a staff report will be
prepared for presentation to Council regarding the application and recommendation regarding
approval of the site plan and associated agreement. The amended process is intended to
ensure streamlined customer service and consideration by all of Council on the merits of each
Site Plan Application rather than appointed Committee members.
Respectfully submitted:
Andria Leigh, MCIP, RPP
Director of Development Services
SMT Approval / Comments: C.A.O. Approval ! Comments:
DEVELOPMENT SERVICES February 24, 2010
Report No. DS2010-012 Page 4 of 4
Page 8 of 59
Agenda Item # {AgendaNumber} - f Item Description)
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2010-041
Being a By-law to Authorize the Execution of a Subdivision Agreement between
the Corporation of the Township of Oro-Medonte and 2189952 Ontario Ltd.
and to
Repeal By-law No. 2009-151
"Being a By-law to Authorize the Execution of a Subdivision Agreement between
the Corporation of the Township of Oro-Medonte and 2189952 Ontario Ltd."
WHEREAS, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter
P. 13, as amended, provides that municipalities may enter into agreements imposed as
a condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies being Part of Lot 10,
Concession 10, Part 1 of 51 R-26822, save and except Part 1 of 51 R-33096, (Former
Township of Oro), being all of PIN # 58537-0088(LT), (known as the Houben
Subdivision), Township of Oro-Medonte, County of Simcoe;
AND WHEREAS Council of the Township of Oro-Medonte did on the 12th day of
November 2009 , enact By-Law No. 2009-151, A By-law to Authorize the Execution of a
Subdivision Agreement between The Corporation of the Township of Oro-Medonte and
2189952 Ontario Ltd;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Oro-Medonte, a Subdivision Agreement, a copy of which is attached
hereto and forms part of this By-law as Schedule "A";
2. THAT the Subdivision Agreement, a copy of which is attached hereto and forms
part of this By-law as Schedule "A", be registered on title against the lands
described therein;
3. THAT the Township of Oro-Medonte shall be entitled to enforce the provisions of
the Subdivision Agreement against the owners and any and all subsequent
owners of the land;
4. THAT By-law No. 2009-151 be repealed in its entirety;
5. THAT this By-Law shall come into force and take effect on the final passing
thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 24TH DAY OF FEBRUARY, 2010.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
FEBRUARY, 2010.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 9 of 59
Agenda Item # {AgendaNumber} - f Item Description)
SUBDIVISION AGREEMENT
- between -
2189952 ONTARIO LIMITED
-and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
PLAN OF SUBDIVISION OF PART OF LOT 10, CONCESSION 10, PART 1 OF 51R-
26822, SAVE AND EXCEPT PART 1 51R-33096, TOWNSHIP OF ORO-MEDONTE
(GEOGRAPHIC TOWNSHIP OF ORO), COUNTY OF SIMCOE.
BEING ALL OF PIN # 58537-0088(LT)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
February 24, 2010
By-law No. 2010-041
Page 10 of 59
Agenda Item # {AgendaNumber} - f Item Description)
TOWNSHIP OF ORO-MEDONTE
SUBDIVISION AGREEMENT
TABLE OF CONTENTS
Part 1
General Requirements
Part 2
The Lands, Plans and Representations
Part 3
Requirements Prior to Execution of Agreement
Part 4
Pre-Construction Requirements
Part 5
Financial Requirements
Part 6
Staging or Phasing
Part 7
Construction Requirements
Part 8
Building Permits and Occupancy
Part 9
Maintenance and Acceptance
Part 10
Default Provisions
SCHEDULES
Schedule "A" - Description of Lands Affected by this Agreement
Schedule "B" - Plan of Subdivision
Schedule "C" - Works to be Constructed
Schedule "D" -
Itemized Estimate of Cost of Construction of Each
Part of the Works for Phase 1
Schedule "E" -
List of Lots Requiring Special Attention
Schedule "F" -
Development Charges
Schedule "G" -
Deeds and Easements to be Conveyed
Schedule "H" -
Parkland
Schedule "I" -
Declaration of Progress and Completion
Schedule "J" -
General Location and Lot Grading Plans
Schedule "K" -
Master Monitoring Document
Schedule "L" -
Standard Township Letter of Credit
z
Page 11 of 59
Agenda Item # {AgendaNumber} - f Item Description)
TOWNSHIP OF ORO-MEDONTE
THIS AGREEMENT made as of the day of February, 2010.
BETWEEN: 2189952 ONTARIO LIMITED
(hereinafter called the "Developer")
OF THE FIRST PART
AND: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the "Township")
OF THE SECOND 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 collectively are herein referred to as
the "said lands"
AND WHEREAS a Draft Plan with Conditions (43T-94003) 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 THIS 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:
Page 12 of 59
Agenda Item # {AgendaNumber} - f Item Description)
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:
1.1.1 To prepare designs in accordance with the Township of Oro-
Medonte Engineering Standards and Drawings (dated October,
1997).
1.1.2 To prepare and furnish all required drawings and specifications.
1.1.3 To prepare the necessary contract(s) and provide contract
administration.
1.1.4 To obtain the necessary approvals in conjunction with the
Township, from the Township of Oro-Medonte sewage approval
authority, Simcoe County District School Board and Simcoe
Muskoka Catholic District School Board, 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 2.4.3, 3.1.11, 8.1
and 8.2.
1.1.5 To act as the Developer's representative in all matters pertaining to
the subdivision.
1.1.6 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.
1.1.7 To provide supervision during construction of all the services.
1.1.8 To ensure that the work involved in construction of the services is
carried out by construction methods conforming to acceptable
engineering practice.
1.1.9 To maintain records of construction which shall be available for
inspection or copy by the Township.
1.1.10 To prepare final "as constructed" Mylar drawings which will include
the following with regard 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 CD ROM or DVD.
Two copies of each Plan of Subdivision are required on separate
disks.
Each disk must be labeled identifying the legal property description,
developer's name, file name, and date delivered.
PKZIP Release 2.04G or higher may be used to perform file
compression if required.
It is the Developer's responsibility to ensure that all drawing
changes occurring throughout the approval process are
incorporated into the digital submission.
Page 13 of 59
Agenda Item # {AgendaNumber} - f Item Description)
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, will 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.
PLAN OF SUB layer/level will outline the property boundaries in the
form of enclosed polygons.
LAYER/LEVEL
PLAN OF SUB
LINE TYPE
CONTINUOUS
COLOUR
YELLOW (2)
The text, which describes 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.
LAYER/LEVEL
PL LT TEXT
FONT
MONOTEXT
COLOUR
YELLOW (2)
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".
1.1.11 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 afore-mentioned and any cost incurred by
the Township will be the responsibility of the Developer or individual
lot owner).
1.1.12 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 afore-mentioned 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
1.1. 11 and 1.1.12, 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.
Page 14 of 59
Agenda Item # {AgendaNumber} - f Item Description)
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:
Brenda Houben
912 Old Barrie Road East
RR2 Hawkestone Ontario
LOL 1T0
Or by Facsimile Transmission to: (705) 487-7013
In which case, notice shall be effective as of the time and date of successful
transmission thereof.
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
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.
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 transferor has executed
this Agreement.
1.7 LANDS FOR MUNICIPAL PURPOSES
The Developer agrees to grant good title in fee simple free and clear from all
encumbrances 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 Section 51.5 of the Planning
Act, R.S.O. 1990, c.P.13 and required by the Township of Oro-Medonte. 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
Developer shall pay the cost for preparation and registration of the said deed.
The Developer shall provide to the Township's solicitor, certification of good title,
free and clear from all encumbrances.
Page 15 of 59
Agenda Item # {AgendaNumber} - f Item Description)
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 supply of services to the
subdivision and to deed lands to the Township, as set out in Schedule "G". The
Developer also agrees to certify 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.
1.9 HYDRO AND TELEPHONE
Prior to the Township releasing this proposed Plan for registration, the Developer
shall provide the Township with a letter from the electricity supplier and from the
telephone supplier, stating that the Developer has entered into a satisfactory
arrangements 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 existing private companies' plant and
equipment, 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, renters and lessees
that there are no schools planned within this subdivision, or within walking
distance of it, and that enrolment within the designated Public and Catholic
school sites in the community is not guaranteed, and that pupils may be
transported to/accommodated in temporary facilities out of the neighbourhood
schools' area.
This clause is to be placed in any Offer or 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.
1.11 CANADA POST
The Developer agrees to construct a site if required to the specifications and
standards of Canada Post and the Township, as required for the construction of
mailboxes by Canada Post.
1.12 MINISTRY OF THE ENVIRONMENT
The Developer and each individual lot owner, agrees to comply with the
requirements and recommendations of the "Houben Subdivision, Township of
Oro-Medonte, Stormwater Management Report, Addendum #2, Revised
Stormwater Management Facility Layout" dated January 2008, Revised March
2008 prepared by C.C. Tatham & Associates Ltd. Accepted for construction by
Township Engineer on April 11, 2008 and approved with Ministry of Environment
Certificate of Approval #4900-7E5HAZ, June 9, 2008.
1.13 WARNING TO PROSPECTIVE LOT DEVELOPERS
The Developer shall provide copies of Clauses 1.1.11, 1.1.12 and Note 1.1, 1.8,
1.10,1.11,1.12,1.13,5.5,5.7.2,7.3,7.9,7.16,8.1,8.1.1, 8.1.3 to 8.1.4, 8.2, 8.3,
8.4, 8.5, 9.8 and Schedules "E" and "F", to each prospective purchaser of a lot(s).
7
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1.14 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.
1.16 ENUREMENT
This Agreement shall enure to the benefit of and be binding upon the parties and
their heirs, executors, administrators, successors and assigns.
1.17 INDIGENOUS VEGATED SCREEN
The Developer agrees to retain or if necessary introduce an indigenous vegetated
screen along the southerly boundary and westerly edges of Block 27, to function
as a visual buffer between the subdivision and the Knox Presbyterian Church and
cemetery. In accordance with Schedule "G", Block 27 is to be conveyed to the
Township of Oro-Medonte.
1.18 FIRE PROTECTION
In lieu of the dedication of Block 33 for Fire Protection purposes which is not
required due to the close proximity of the existing fire reservoir in the Sprucewood
Estates subdivision, the Developer agrees to pay 50% of the costs associated
with the construction of the existing fire reservoir located in the Sprucewood
Estates subdivision. Block 33 in accordance with Schedule "G" is to be conveyed
to the Township which contains the access to the Park Block (Block 27) as shown
on the approved engineering drawings.
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PART-2
THE LANDS, PLANS AND REPRESENTATIONS
2.1 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, may necessitate a
change in the provisions of this Agreement.
CONFORMITY WITH AGREEMENT
The Developer agrees to satisfy all the requirements, financial and otherwise, of
the Township concerning the provision of roads; the installation of services and
drainage.
The Developer covenants and agrees that no work shall be performed on the said
lands except in conformity with:
2.4.1 The provisions of this Agreement, including the Schedules hereinafter
referred to.
2.4.2 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 Drawings listed in Schedule "C" of this Agreement, along
with the "Houben Subdivision, Township of Oro-Medonte, Stormwater
Management Report, Addendum #2, Revised Stormwater Management
Facility Layout" dated January 2008, Revised March 2008 prepared by
C.C. Tatham & Associates Ltd..
Drawing No. Description
See Schedule "C" attached hereto
2.4.3 All Plans and Specifications submitted to and accepted by:
2.4.3.1
Ministry of the Environment
2.4.3.2
Electrical Distribution Utility
2.4.3.3
Township of Oro-Medonte
2.4.3.4
County of Simcoe
2.4.4 All applicable Township By-Laws, including any applicable Site Plan
Control By-Laws.
2.4.5 All applicable Provincial and Federal Legislation and also including the
Federal Fisheries Act.
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2.5 RELIANCE UPON REPRESENTATIONS
The Developer acknowledges that:
2.5.1 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;
2.5.2 The Township has entered into this Agreement in reliance upon those
representations.
2.6 SCHEDULES ATTACHED
The following Schedules are attached to and form part of this Agreement:
Schedule "A" -
Description of Lands Affected by this Agreement
Schedule "B" -
Plan of Subdivision
Schedule "C" -
Works to be Constructed
Schedule "D" -
Itemized Estimate of Cost of Construction of Each
Part of the Works for Phase 1 & 2
Schedule "E" -
List of Lots Requiring Special Attention
Schedule "F" -
Development Charges
Schedule "G" -
Deeds and Easements to be Conveyed
Schedule "H" -
Parkland
Schedule "I" -
Declaration of Progress and Completion
Schedule "J" -
General Location and Lot Grading Plans
Schedule "K" -
Standard Township Letter of Credit
2.7 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
REQUIREMENTS 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", as well as Certification from the Developer's solicitor that
the Transfer/Deeds and Easements shall provide the Township with good
title, free and clear from all encumbrances.
3.1.3 Postponement Mortgage/Charge - file with the Township solicitor, for his
approval, a postponement of Mortgage/Charge document.
3.1.4 Cash Deposits, Development Charges and Security - have paid to the
Township all cash deposits, development charges and security required by
Schedules °D", "F" and "H".
3.1.5 Construction/Engineering Plans and 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 Electricity - have supplied to the Township for approval, 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.
3.1.9 Utilities and Canada Post Confirmation - arrange for the Electrical
Distribution Utility, Bell Telephone, and Canada Post, to write a letter to the
Township Clerk confirming that:
3.1.9.1 They have been informed of the project and have seen the
development plans.
3.1.9.2 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.
3.1.11 Approvals - obtain and file with the Township, confirmation approvals
from the following:
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3.1.11.1 Ministry of the Environment
3.1.11.2 Electrical Distribution Utility
3.1.11.3 Township of Oro-Medonte
3.1.11.4 County of Simcoe
3.1.11.5 Ministry of Citizenship, Culture and Recreation
3.1.11.6 Simcoe County District School Board
3.1.11.7 Simcoe Muskoka Catholic District School Board
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.
3.1.13 Community Mail Boxes - file with the Township, a Plan showing the
location of, and access to, community mail boxes.
3.1.14 Molars - 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 REQUIREMENTS
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 Township of Oro-Medonte 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:
the drainage plan;
ii) the lot grading plan;
iii) the service layout plan for Electrical and Telephone;
iv) the road plans and profiles.
4.1.3 Certificate of Approval
Submit to the Township, the Ministry of the Environment's Certificate of
Approval for Storm Works, and detention facilities.
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 Engineers, approval of a Schedule of Works, setting out the
order in which he considers the various sections of the works within the
Plan will 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 Stormwater Management
A stormwater management report shall be prepared by the Developer's
Engineer for approval by the Township Engineer which details the means
whereby stormwater drainage will be accommodated and how erosion and
siltation will be contained on site both during and following construction.
This report must deal with post development stormwater quality and shall
conform to Ministry of Environment Interim Stormwater Quality Guidelines.
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4.1.7 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. Failing adequate precautions
being taken, the Developer shall be responsible for correcting any damage
and paying all maintenance costs resulting there from.
A Storm Drainage and Siltation Control Plan shall be prepared by the
Developer's Engineer for approval by the Township Engineer, the County
of Simcoe Engineer, and the Ministry of the Environment. Prior to any
grading or construction commencing on the site or final approval and
registration of the subdivision, the Developer's Engineer shall submit the
Plan for approval by the Township Engineer. The Plan must deal with post
development stormwater quality and shall conform to the Ministry of
Environment/Ministry of Natural Resources Interim Stormwater Quality
Guidelines. The Developer 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
County Engineer. The Developer agrees to maintain all erosion and
siltation control devices in good repair during construction.
The Developer shall ensure that any environmental protection measures
recommended in the Storm Water Management Plan are implemented.
The Plan shall provide for the designation of a site supervisor whose
primary function is to ensure that the recommendations of the Plan are
implemented. The Developer shall also ensure that a work activity log is
maintained to record the dates and descriptions of work activities and site
inspections. Inspections shall occur on a regular basis and must occur
after significant storm events, until rehabilitation is complete.
4.1.8 Signs
Signs at least 1.2 metres by 1.8 metres 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 (Aboveground Services).
4.1.9 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 for
the first phase and all underground services shall be installed within one
year of the day of registration of this Agreement, and all aboveground
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. Subsequent phases shall be
completed within a one (1) year time frame for underground services and
two (2) years for aboveground services from date of commencement.
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;
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If the 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;
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
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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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.
5.2 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 TEN THOUSAND DOLLARS ($10,000.00) 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 FIVE THOUSAND DOLLARS ($5,000.00), 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 indemnify 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 all Utility 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) are issued.
If an additional electrical service is required for Township purposes, the
Developer shall include the cost of installation and maintenance of the service.
5.5 DEVELOPMENT CHARGES, REAL PROPERTY TAXES AND OTHER LEVIES
AND IMPOSTS
a) Development charges and education development charges shall be
payable on a per-lot basis prior to the issuance of the first Building Permit
with respect to the particular lot.
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 and
the Municipal Act, 2001, S.O. 2001, c.25 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 applicable
development charges of any Public Utility.
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 "L" with an automatic
renewal clause, in the amount of one hundred percent (100%) of the
estimated costs of the said works, 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 (1) 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 of the 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 10% 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.
17
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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, all 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,
including, without limiting the generality of the foregoing, payment of
Engineering, legal, Planning, and Development Charges, or other costs
incurred by the Township, which are the responsibility of the Developer
under the terms of this Subdivision Agreement, as well as development
charges and costs to acquire lands or interest therein.
e) Default - if, in the event of default of the Developer under any of the
provisions of this Agreement, it becomes necessary for 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.
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, thirty (30) days after invoicing by the
Township. All overdue accounts shall bear interest at the rate of 12% per
annum.
g) Save Harmless - the Developer, on behalf of itself, its successors and
assigns, agrees to indemnify and save harmless the Township from 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 of the Township, its servants or agents or sub-contractors.
h) 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, this will constitute a default and entitle the Township to
realize upon its security.
Surplus Funds - in the event that the Township cashes a Letter of Credit to
complete Township services or satisfy any obligations under this Agreement,
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 certification 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 completed work estimate and the remainder
released. A further ten percent (10%) of the completed work estimate will be
released upon satisfactory assurance to the Township that
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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 Occupancy and Lot Grading Deposit - the Developer or Individual Lot
Owner shall deposit with the Township, the required Final Occupancy and
Lot Grading Deposit at a rate applicable at the time of the issuance of
Building Permits. Upon certification of final grade elevations indicating that
the property has been developed in conformity with the General Location
and Lot Grading Plan by an Engineer and approved by the Township
Engineer, the balance of the deposit shall be returned.
5.8 STATUTORY DECLARATION OF ACCOUNTS PAID
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
for 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.
5.9 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.
5.10 INSURANCE CERTIFICATE AND POLICY
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, their agents and the Township and their agents,
against any liability that may arise out of the construction or installation of
any work to be performed pursuant to this Agreement and for a period of
one (1) year after completion and acceptance of the Township services to
be constructed herein.
5.10.2 Comprehensive General Liability/Environmental Impairment - such policy
shall carry limits of liability 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, environmental
impairment liability in an amount not less than FIVE MILLION DOLLARS
(5,000,000.00), 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
5.10.3 Notice of Cancellation - a provision that the insurance company agrees
to notify the Township within fifteen (15) days in advance of any
cancellation or expiry of the said insurance policy.
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5.10.4 Certificate of Coverage - any certificate of coverage filed with the
Township Clerk shall specifically contain their confirmation that coverage
includes (a), (b), (c) and (d) above and are in effect.
5.10.5 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.
5.10.6 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
permitted to be installed and no Building Permits issued until this approval has
been received and additional securities deposited. When fifty percent (50%) of
the lots of the subdivision or stages of the subdivision have been built upon and
all 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 installed 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 substantially completed (underground) 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 Occupancy Permits have 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.
The subdivision is to be developed in the following Phases:
Phase 1 Lots 10 to 20 Plan 51 M-
Phase 2 Lots 1 to 9 & 21 to 25 Plan 51 M-
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PART-7
CONSTRUCTION REQUIREMENTS
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 shall 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 allowances, 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 will not be allowed 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 shall prepare and implement a vegetation plan/tree
planting plan that outlines where and how the vegetation buffer will be
enhanced with trees and shrub plantings. In addition, the tree planting
plan shall require planting of up to three 2.4 metre or taller hardwood trees
on those lots not having any tree cover.
7.3.3 Prior to grading of any lot or the Township giving its release for
registration, the Developer shall prepare a tree saving plan for the lot to
the satisfaction of the Township.
7.3.4 The Developer shall plant two (2) 2.4 metre, or taller, hardwood trees of a
minimum of 50 mm caliper on each lot having less than three (3) trees in
the front yard(s), if required by the Township. The type of trees must be
satisfactory to the Township.
7.3.5 In addition, the Developer shall plant trees with the above specifications at
15 metre intervals around the perimeter of the park, if one is to be located
within the plan, in areas where there is not a sufficient growth of trees as
determined by the Township.
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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.
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 or other Ministry of
the Environment approved dust suppressant 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 burning is not
permitted by the Township. The Developer agrees to deliver a copy of this clause
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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
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.
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 pre-determined
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.
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 4.1.5. 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. If the 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 installed in accordance with the
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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.
7.13 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES
It is intended that the electricity and street lighting, and the detention pond will be
constructed, inspected and approved prior to the completion of the other works,
including roads and boulevards.
Building Permits will not be issued until the Township Engineer has given the
Certificate of Substantial Completion and Acceptance (Municipal 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 (2) 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 Occupancy Permits have 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:
1. The works may be used prior to acceptance by the Township or other
authorized persons for the purpose for which such works are designed.
II. Such use shall not be deemed an acceptance of the works by the Township,
and;
III. 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.
7.16 DRAINAGE AND LOT GRADING
All lots and blocks within the Plan and all lands abutting the Plan shall be graded
to drain in accordance with the Overall Lot Grading Plan LG-1 to LG-3 prepared
by C.C. Tatham & Associates Ltd., and approved by the Township Engineer and
the Township. 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 well as mid-lot elevations, where deemed necessary by the
Township Engineer.
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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 all 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, install, erect, or permit to be excavated, drilled,
installed or erected in, over, upon, under or through the said swale/easement,
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 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 lot owner. Any invoices not paid
within thirty (30) days after the due date, shall be added to the tax roll and
collected in a like manner as realty taxes, as per Section 446 of the Municipal
Act, 2001.
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.
Generally, the drainage facilities will consist of open ditches within the
subdivision or storm sewers in certain locations to provide a satisfactory drainage
outlet, and will be in accordance with the Storm Drainage Plan STM-1 prepared
by C.C. Tatham & Associates Ltd., and approved by the Township Engineer and
the Township.
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 the
issuance of 25% of the total Building Permits allowed in the subdivision.
7.18 DEFINITIONS
For the purposes of this Subdivision Agreement:
(i) The term "Underground Services" shall mean the storm drainage works
(including culverts and detention pond), underground electrical distribution
system, and street lighting serving the Plan of Subdivision, as more
particularly described in Schedule "C" to this Subdivision Agreement.
(ii) The term "Certificate of Substantial Completion and Acceptance (Municipal
Underground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Municipal Underground Services to be installed by the Developer under the
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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
(Municipal Underground Services) shall not constitute an assumption of the
Municipal Underground Services by the Township.
(iii) The term "Certificate of Maintenance and Final Acceptance (Municipal
Underground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Municipal 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 Municipal Underground Services by the Township.
(iv) 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.
(v) 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.
(vi) 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.
The term "Certificate of Substantial Completion and Acceptance" means a
Certificate of Substantial Completion and Acceptance (Municipal
Underground Services) or a Certificate of Substantial Completion and
Acceptance (Aboveground Services), as the provisions of this Subdivision
Agreement require.
(viii) The term "Certificate of Maintenance and Final Acceptance" means a
Certificate of Maintenance and Final Acceptance (Municipal 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 TOWNSHIP OF ORO-MEDONTE
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 a Sewage System Permit approval has been received for the land
in question.
The Developer's Engineer shall prepare an overall Lot Development Plan for
approval by the Township, and the Township Engineer. 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 supply.
8.1.1 The Developer agrees to advise all prospective lot Developers that
a detailed Site Development Plan for each lot may be required to be
prepared by a Professional Engineer registered with the Association
of Professional Engineers of Ontario, experienced in private sewage
system design, for approval by the Township Engineer, prior to the
issuance of a Sewage System Permit for each respective lot. Site
Development Plans, which conform to the overall Lot Development
Plan at an approved metric scale using metric dimensions and
elevations, shall 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,
shall be provided.
c) the location and type of water well, including the water service
line to the dwelling.
d) the existing and proposed grades of the disturbed area on the lot
after building, drainage and sewage works have been
completed.
e) the location and grades of any proposed drainage swales.
f) the Professional Engineer will 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.
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g) the Professional Engineer will be required, prior to the issuance
of a Final Inspection Report, to certify to the Township, in writing,
that the foregoing works have been carried out in accordance
with the approved Plans noted above.
8.1.2 The Developer further agrees to construct all works required under
Clause 7.16, and as shown on the approved Overall Lot Grading Plan LG-
1 to LG-3, Storm Drainage Plan STM-1, and Siltation and Erosion Control
Plan SC-1, all prepared by C.C. Tatham & Associates Ltd., to the
satisfaction of the Township and the Township Engineer.
8.1.3 The Developer further agrees to advise all prospective lot owners of the
requirement that it may be necessary for the sewage system to be
installed prior to construction of the home, subsequent to the issuance of a
Sewage System Permit.
8.2 REQUIREMENTS FOR BUILDING PERMITS
The developer acknowledges and agrees that final approval or registration of the
Plan by the Township or the acceptance by the Township of the works set out in
this Agreement shall not be deemed to give any assurance that 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 Chief
Building Official may refuse any application until:
(i) Sewage system approvals have been obtained and submitted to the
Township. The Township of Oro-Medonte sewage approval authority
requirements are set out in Clauses 7.16 and 8.1.
(ii) The Storm Water Management System have been installed, tested and
approved by the Township Engineer and he has issued his Certificate of
Substantial Completion and Acceptance (Municipal Underground
Services).
(iii) Plans for remaining underground services such as Bell Telephone or
Electricity have been approved.
(iv) 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.
(v) 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.
(vi) Signs denoting "Unassumed Roads" have been installed at the entrances
to the subdivision in a location acceptable to the Township, in accordance
with Clause 4.1.7.
(vii) 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.
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The individual Lot Development Plan must be approved by the Township
Engineer prior to the issuance of a Building Permit. A copy of the receipt
showing payment to the Township must be provided to the Township
Engineer prior to the review of the plan.
(viii) All dead trees within the limit of the Plan have been removed.
(ix) Arrangements have been made and approved by the Township for
Municipal Address System numbering, as set out in Clause 8.4.
(x) The parkland must be completed to the satisfaction of the Township, as
per Section 7.17.
(xi) The Traffic and Street Name signs have been installed and approved by
the Township Engineer.
(xi) Any Development Charges have been paid, in full, in accordance with the
applicable Development Charge By-Laws, enacted pursuant to the
Development Charges Act, 1997, as well as By-Laws enacted pursuant to
Section 257.53 of the Education Act, or alternate arrangement satisfactory
to the body enacting the Development Charge By-Law, have been made
and the same has been communicated to the Chief Building Official for the
Township of Oro-Medonte, in writing, by such a body.
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).
8.5 REQUIREMENTS 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:
(i) The roadway has received the granular road base materials
full depth and the base course of asphalt, provided asphalt is
commercially available.
(ii) The underground electrical, telephone lines, gas mains and
street lights have been installed and approved by the Township
Engineer.
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(iii) A Certificate Letter and individual Lot Development Plan
have been given by the Developers Consulting Engineer, or a
Professional Engineer registered with the Association of
Professional Engineers of Ontario, that the building constructed,
and the final grading of the
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 the 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.
(iv) Driveway culvert and end protection has been provided to the
satisfaction of the Township, in accordance with the Township's
Engineering Standard.
(v) The trees have been planted on the lot by the Developer in
accordance with Clause 7.3.
(vi) Any deficiencies on a Provisional Certificate of Occupancy
have 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 LIQUIDATED 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 to pay to the Township, monies
owing under this clause within thirty (30) days of the date of the bill, the money
may be deducted from the cash deposit or Letter of Credit or other deposited
security.
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PART-9
MAINTENANCE AND ACCEPTANCE
9.1 FINAL ACCEPTANCE OF MUNICIPAL 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 (Municipal Underground Services) be issued. It should be noted that
the Certificate of Maintenance and Final Acceptance (Municipal Underground
Services) can be applied for by the Developer two (2) years after the receipt of
the Certificate of Substantial Completion and Acceptance (Municipal
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 Occupancy Permits have 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 of the 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 final inspection, whichever period of time is the greater.
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Agenda Item # {AgendaNumber} - f Item Description)
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 Occupancy Permits have 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 MAINTENANCE
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 (Aboveground Services). Winter
control shall include snow plowing, 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
(Aboveground 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.
The cost of such works to be at the following rates:
Machinery and Equipment $50.00/hr.
Labour $23.00/hr.
Mixed Sand and Salt $12.00/m3
Payroll Burden - 41%
Administration - 7%
G.S.T. - 5%
The Township may adjust these rates 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, standard iron bars and 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
Upon 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.
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Agenda Item # {AgendaNumber} - f Item Description)
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 Occupancy Permits have 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 Land 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 -RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT
OWNERS
It is understood and agreed that the drainage of surface waters upon and from the
said lands shall remain the sole responsibility of the Developer and the subsequent
owners, from time to time, of the lots or blocks within the Plan of Subdivision. The
Developer and subsequent owners of the lots or blocks within the Plan of
Subdivision, from time to time, shall provide and maintain adequate drainage of
surface waters across and from 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, from 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 from 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 446 of the Municipal Act, 2001.
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Agenda Item # {AgendaNumber} - f Item Description)
PART - 10 - DEFAULT PROVISIONS
10.1 DEFAULT PROVISIONS
Notwithstanding anything herein before contained in this Subdivision Agreement,
and in addition to any other remedies, when the Developer is deemed by the
Township to be in default of this Agreement, the Township reserves the right to
realize upon any securities deposited on or on behalf of 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, and the Developer agrees not to apply for any Building Permits
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.
10.3 SUBSTITUTION FOR APPROVALS
Wherein this Agreement reference is made to any named Ministry of the Province,
Township of Oro-Medonte or other public body, such reference where the same
requires their approval, is deemed to be a reference to any other Ministry or body as
may be substituted by legislative change or policy of the Provincial Government or
of the Township.
10.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP
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 first charge or lien against the said
lands in accordance with the provisions of Section 446 of the Municipal Act, 2001.
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 day of 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per
K.S. Hughes
Title Mayor
Per
J. Douglas Irwin
Title Clerk
2189952 ONTARIO LTD.
Per
Brenda Houben
Title
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Agenda Item # {AgendaNumber} - f Item Description)
SCHEDULE"A"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
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 Oro), in the County of Simcoe, and
being composed of the whole of the lands described as follows:
Part of Lot 10, Concession 10, being Part 1, Plan 51 R-26822, save and except Part 1 of
51 R-33096, being all of PIN # 5837-0088 (LT), Township of Oro-Medonte, County of
Simcoe
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Agenda Item # {AgendaNumber} - f Item Description)
SCHEDULE"B"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
Phase 1 11 Lots (Lots 10 to 20), Blocks 26, 27, 28, 29, 30, 31, 32, 33, and the
Streets being Houben Crescent and Key Court
Phase 2 14 Lots (Lots 1 to 9 and 21 to 25)
PLAN OF SUBDIVISION
51M-
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Agenda Item # {AgendaNumber} - f Item Description)
SCHEDULE"C"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
WORKS TO BE CONSTRUCTED
Construction of storm sewers and appurtenances, watermains and appurtenances,
including service connections, all road works, including roadside ditches in accordance
with the approved Engineering Drawings to service the Houben subdivision in the
Township of Oro-Medonte.
LIST OF DRAWINGS
C.C. TATHAM & ASSOCIATES LTD. (CONTRACT NO. 97088)
LEGAL PLAN 51 M-
COMPILED EASEMENT PLAN 51R-
GENERALPLANS
General Servicing Plan 97088-GS-1
Storm Drainage
Storm Drainage Plan 97088-STM-1
Siltation and Erosion Control
Siltation and Erosion Control 97088-SC-1
OVERALL LOT GRADING PLANS
Overall Lot Grading Plan 97088-LG-1
Overall Lot Grading Plan 97088-LG-2
Overall Lot Grading Plan and SWM Pond Details 97088-LG-3
PLAN AND PROFILE DRAWINGS
Houben Crescent Plan and Profile STA. 0+000 to STA. 0+240
97088-PP-1
Houben Crescent Plan and Profile STA. 0+240 to STA. 0+460
97088-PP-2
Houben Crescent Plan and Profile STA. 0+460 to STA. 0+621.8
97088-PP-3
Key Court Plan and Profile STA. 0+000to STA. 0+189.56
97088-PP-4
Drainage Easement Plan and Profile STA. 0+00 to STA 0+204.86
97088-PP-5
Park Development Plan
97088-PD-1
Details and Notes
97088-D-1
Details and Notes
97088-D-2
Details and Notes
97088-D-3
Hydro One Drawing - Hydro Servicing Plan (by Others)
00340-05-099
Bell Design Superimposed on Hydro One Plan (by Others)
NOTE: the aforementioned drawings were stamped "Accepted for Construction" by the
Township Engineer (AECOM) April 11, 2008.
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Agenda Item # {AgendaNumber} - f Item Description)
SCHEDULE"D"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE
WORKS FOR PHASE 1
The following list summarizes the cost estimate of the major works, but is not
necessarily inclusive:
Original Remaining Completed
Outstanding Work
Work
A) Roadway construction complete including
clearing and grubbing, excavation,
granular road base materials, concrete
curb and gutter, and two lifts of
asphalt
$161,749.10 $42,475.00 $119,274.10
B) Storm Drainage works complete, including
culverts, detention pond, including filling on
adjacent lands, topsoil, seed and mulch,
sod, ditching rear yard swale at lots 1 to 5
ditching on Line 9 (Phase 2) and siltation
and erosion control devices
$118,747.50 $28,658.75 $90,088.75
C) Miscellaneous items such as regulatory
signs, bollards, fencing, steel beam guide
rails, mailbox layby, marker posts. Park
sign and dead end barricades
$32,315.00 $32,315.00 $0.00
D) Electrical Supply including street lights and
transformers
$15,000.00 $15,000.00 $0.00
SUB-TOTAL
$327,811.60
$118,448.75
$209,362.85
E) 10% Allowance for Engineering and
Supervision
$32,781.16
$11,844.88
$20,936.29
TOTAL
$360,592.76
$130,293.63
$230,299.14
5% GST
$18,029.64
$6,514.68
$11,514.96
TOTAL COST
$378,622.40
$136,808.31
$241,814.09
LETTER OF CREDIT REQUIRED FOR SUBDIVISION AGREEMENT
Remaining Outstanding Work $136,808.31
10% of Completed Work $24,181.41
SECURITIES RETAINED BY TOWNSHIP $160,989.72
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Agenda Item # {AgendaNumber} - f Item Description)
SCHEDULE "E"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
LIST OF LOTS REQUIRING SPECIAL ATTENTION
Lots 15 and 16 require filling in area adjacent to Stormwater Management Pond; and no
opening in house is to be below 321.38 elevation (Regional Storm Level plus 0.3m).
40
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Agenda Item # {AgendaNumber} - f Item Description)
SCHEDULE "F"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
DEVELOPMENT CHARGES
The Developer acknowledges and agrees that the following development charges are
payable on a per-lot basis prior to the issuance of the first Building Permit for each
particular lot, unless alternative arrangements with the body enacting the By-Law
relating to development charges or education development charges, which
arrangements have been brought to the attention of the Chief Building Official, all
charges are payable by cash or certified cheque in Canadian funds to the Chief Building
Official of the Township:
(i) Development charges in accordance with the Township of Oro-Medonte's By-
Law at the rate applicable, upon the issuance of the first Building Permit for each
lot upon which charges are payable.
(ii) Educational development charges in accordance with By-law [#3203-00] of the
Simcoe-Muskoka Catholic District School Board at the rate that applies upon the
issuance of the first Building Permit with respect to each lot upon which
educational development charges are payable; and
(iii) Educational development charges in accordance with By-law #3 (2000) of the
Simcoe County District School Board at the rate that applies upon the issuance of
the first Building Permit with respect to each lot upon which educational
development charges are payable.
Please also be advised that specific rates applicable to each lot in the Plan of
Subdivision can be obtained by contacting, for the Township of Oro-Medonte, the
Treasurer; for the Simcoe-Muskoka Catholic District School Board, the Associate
Director of Education; for the Simcoe County District School Board, the Superintendent
of Facility Services; and in the case of the County of Simcoe, the County Clerk.
Also, please be advised that the above-referenced By-Laws enacted pursuant to the
Development Charges Act, 1997 and Section 257.53 of the Education Act, R.S.O. 1990,
c.E.2, may be amended or superceded by subsequent By-Laws enacted in accordance
with the respective legislation.
(iv) Development Charges in accordance with the County of Simcoe's By-law at the
rate applicable, upon the issuance of the first building permit for each lot upon which
charges are payable.
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Agenda Item # {AgendaNumber} - f Item Description)
SCHEDULE"G"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
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:
DEDICATION TO TOWNSHIP
Block26 - Stormwater Management Pond
Block 27 - Parkland
Block28 - 7.Om wide Drainage/Walkway
Block 29 - 3.Om Road Widening
Block 33 -Parkland (former Fire Reservoir Block)
0.3m Reserves - Blocks 30 to 32, inclusive
EASEMENTS IN FAVOUR OF TOWNSHIP
3.Om wide Drainage Easement - along north limit of Lots 1 to 5
7.Om wide Drainage Easement - split between Lots 24 and 25; and Lots 18 and 19
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Agenda Item # {AgendaNumber} - f Item Description)
SCHEDULE"H"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
PARKLAND
Blocks 27 and 33 on Plan 51 M-
Page 52 of 59
Agenda Item # {AgendaNumber} - f Item Description)
SCHEDULE "I"
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISIO
DEVELOPE
CONSULTING ENGINEER
As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE AND 2189952 ONTARIO LTD.
The Developer(s) dated
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, shall be
complied with.
b) Granular "B" 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
Planting of trees on or befo
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
following 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;
44
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Agenda Item # {AgendaNumber} - f Item Description)
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;
5. It is understood and agreed that should the Developer fail to construct the
remaining services to carry out the requirements of Item 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.
2189952 ONTARIO LTD.
Seal or Witness Date
45
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Agenda Item # {AgendaNumber} - f Item Description)
SCHEDULE "J"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
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.
46
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Agenda Item # {AgendaNumber} - f Item Description)
SCHEDULE "K"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
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 2X0
We hereby authorize you to draw on the Bank of
Ontario, , for the account of
up to an aggregate amount of
which is available on demand.
Pursuant to the request of our said customer, we, the Bank of
, Ontario, hereby establish and
give to you an Irrevocable Letter of Credit in your favour, 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
claim 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 of Oro-Medonte. The original Letter of Credit must be presented to us at : Bank of
, Ontario, . The Letter of Credit, we
understand, relates to a Subdivision 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 of Oro-
Medonte.
Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of
Credit will 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, from 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 20
Authorized Signature Authorized Signature
Bank of
47
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2010-045
Being a By-Law to Authorize the Issuance of the Certificate of
Maintenance and Final Acceptable (Aboveground Works)
for Fairway Forest (Terra Ridge Developments Inc.), Registered Plan 51 M-746
WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter
P. 13, as amended, provides that municipalities may enter into agreements imposed as
a condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies;
AND WHEREAS Council for the Corporation of the Township of Oro-Medonte entered
into a Subdivision Agreement with Terra Ridge Developments Inc. in August 2003 to
construct a residential development consisting of fifteen (15) lots on Forest Hill Drive.
AND WHEREAS the requirements of this Subdivision Agreement with respect to the
aboveground and underground works have now been met;
NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
That the Certificate of Maintenance and Final Acceptance (Aboveground Works)
for Terra Ridge Developments Inc., Registered Plan M-746 may now be issued
by the Township Engineers (AECOM) in compliance with the Subdivision
Agreement between the Corporation of the Township of Oro-Medonte and Terra
Ridge Developments Inc.
That the attached Schedule "A", Certificate of Maintenance and Final
Acceptance (Aboveground Works) shall form part of this By-Law.
3. That this By-law shall come into force and take effect on the final date of passing
thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 24TH DAY OF FEBRUARY, 2010.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS TH DAY OF
FEBRUARY, 2010.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 57 of 59
Agenda Item # {AgendaNumber} - f Item Description)
Page 58 of 59
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2010-046
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE
SPECIAL COUNCIL MEETING HELD ON WEDNESDAY, FEBRUARY 24, 2010
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE HEREBY ENACTS AS FOLLOWS:
1. THAT the action of the Council at its Special Council Meeting held on
Wednesday, February 24, 2010, and in respect to each Motion, Resolution and
other actions passed and taken by the Council at its said Meeting is, except
where prior approval of the Ontario Municipal Board is required, hereby adopted,
ratified and confirmed.
2. THAT the Mayor and the proper Officials of the Township are hereby authorized
and directed to do all things necessary to give effect to the said action or to
obtain approvals where required and to execute all documents as may be
necessary on behalf of the Council of the Corporation of the Township of Oro-
Medonte. And, the Clerk is hereby authorized and directed to affix the corporate
seal to all said documents.
BY-LAW READ A FIRST AND SECOND TIME THIS 24th DAY OF FEBRUARY,
2010.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 24th DAY OF
FEBRUARY, 2010.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 59 of 59