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08 14 2002 Sp Council Agenda TOWNSHIP OF ORO-MEDONTE SPECIAL COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, AUGUST 14, 2002 TIME: IMMEDIATELY FOLLOWING THE COMMITTEE OF THE WHOLE MEETING. ......................................................................... . 1. OPENING OF MEETING BY MAYOR 2. PRAYER 3. ADOPTION OF AGENDA 4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 5. RECOGNITION OF ACHIEVEMENTS 6. MINUTES OF PREVIOUS MEETINGS a) Minutes of the Council Meeting held on Wednesday, July 17, 2002. .............................................................................. 7. CONSENT AGENDA CORRESPONDENCE: Nil. 8. DEPUTATIONS: Nil. 9. REPORTS OF MUNICIPAL OFFICERS: Nil. 10. COMMUNICATIONS: Nil. 11. REPORTS OF COMMITTEES: a) Minutes of the Committee of the Whole meeting held Wednesday, July 17, 2002. b) Minutes of the Recreation Advisory Special Committee Meeting held on July 31,2002. c) Minutes of the Planning Advisory Committee Meeting held July 16, 2002. d) Recommendations of Committee of the Whole meeting held August 14, 2002. 12. PETITIONS: Nil. 13. UNFINISHED OR NEW BUSINESS: Nil. 14. BY.LAWS: a) By.law No. 2002.088 Being a By.law to Delegate the Subdivision and Condominium Approval Authority b) By.law No. 2002-086 Being a By-law to amend By.law No. 98-106, which regulates municipal water systems within the Township of Oro.Medonte and to repeal By.law No. 2001-058. c) By.law No. 2002.089 Being a By.law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and 1091402 Ontario Ltd. (former Sinton), Bidwell Road. 15. IN.CAMERA: 16. CONFIRMATION BY.LAW NO. 2002-087 . 17. ADJOURNMENT: 18. QUESTIONS: , : , TOWNSHIP OF ORO-MEDONTE SPECIAL RECREATION ADVISORY COMMITTEE MEETING MINUTES Wednesday, July 31, 2002 @ 2:00p.m. Ilh-1 Present: Chair Ruth Fountain (Chair), Councj]Jor H. Hughes, Ian Hunter, Nadeen Morano, Dave Knox, Mayor J. Neil Craig (ex.fficio), Regrets: Brian Wiese & Catherine Riffer-Wessel Staff Present: Chris Carter (Recreation Co.ordinator) ---~-------------------------------------------------------------------------------------------------------- --..--........... 1. Councj]Jor Ruth Fountain, Chair calJed the meeting to order. 2. Adoption of Agenda: Moved by Ian Hunter; seconded by Dave Knox; It is recommended that the Agenda for the Wednesday, July 31, 2002 Special Recreation Advisory Committee meeting be adopted. Carried 3. Disclosure of Pecuniary Interest: Councj]Jor Hughes declared a pecuniary interest with respect to Item 3 of the Agenda regarding the proposed park at Pod's Lane and Alpine Way for the reason that his son Jives in close proximity to the land being discussed. Councj]Jor Hughes refrained from any discussion or voting with regard to this item. , \ \\ b-~ 4. Discussion and Recommendation: Staff presented results from the Ad Hoc Design Committee and Ad Hoc Site Plan Committee for consideration. Discussion was held reo proposed park development costs. a) Design of Playground Moved by Dave Knox; Seconded by Nadeen Morano; It is recommend to Council that the Recreation Advisory Committee supports the request for the design of the playground at Pod's Lane. Carried b) Site Plan of Playground Moved by Ian Hunter; Seconded by Dave Knox; It is recommend to Council that the Recreation Advisory Committee suggests that the entrance be moved to the North West end and that the Committee supports the site plan for the playground at Pod's Lane. Carried c) Park Development Costs Moved by Dave Knox; Seconded by Ian Hunter; It is recommended to Council that the Recreation Advisory Committee supports the site preparation cost of approximately $ 2,100.00 for the development of the playground at Pod's Lane. Carried 5. Adjournment: Moved by Dave Knox; Seconded by Nadeen Morano; That the Special July 31,2002 meeting of the Oro-Medonte Recreation Advisory Committee does now adjourn at 2:55 pm. Carried lie -/ TOWNSHIP OF ORO-MEDONTE PLANNING ADVISORY COMMITTEE MINUTES JULY 16, 2002 MEMBERS PRESENT: Peter Wigham, Susan Grant, Robert Barlow, Fran Sutton, Councillor Don Bell, Councillor Ruth Fountain, Mayor Neil Craig MEMBERS ABSENT: Councillor Paul Marshall ST AFF PRESENT: Andria Leigh, Senior Planner ALSO PRESENT: Councillor Harry Hughes 1. Call to Order by Chairman Mayor Neil Craig called the meeting to order at 7:05 p.m. in the absence of Councillor Paul Marshall. 2. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT." None declared. 3. Adoption of Minutes Moved by Susan Grant, seconded by Fran Sutton That the minutes of the meeting of the Township of Oro.Medonte Planning Advisory Committee held on May 28, 2002 be adopted as printed and circulated. Carried. 4. Correspondence and Communication None. 5. Deputations (a) 7:05 p.m. 1500494 Ontario Inc. P-132/02 Concession 1, South Part of Lot 1 (Orillia) Proposed Official Plan & Zoning Bylaw Amendment In Attendance: Ron Spears, Applicant's Solicitor, and Hans Meier, Applicant Mr. Spears provided an overview of the subject property and the background of the rezoning proposal to the Committee members. He explained that the applicant was intending to maintain the existin9 building, which had recently been converted from a restaurant to offices and a portion would also be used for the self.storage business if it were approved. He explained that after discussions with the Township, the applicant would prefer to maintain the current General Commercial (GC) zoning and have the additional use of the self.storage establishment added as an exception rather than rezoning the property to industrial where such a use is permitted. He explained that although the property is located on Highway 12 there are a number of existing residential uses in the area and the property is immediately south of the settlement of Prices Corners and therefore an industrial zoning would be out of character with this area. Mr, Spears further explained that the applicant was currently proposing to buy additional lands to the south of the existing property to ensure sufficient area was available on site for the units and buffering from the neighbouring properties. Ms. Leigh explained that it would be appropriate given the location of the property and the proposed use to have a concept plan of the site available prior to the scheduling of a Public Meeting to ensure that sufficient technical information on the layout of the site and the proposed use was available for public review. Ms. Leigh further explained that the property would be subject to Site Plan approval prior to the completion of the zoning by.law amendment to ensure that all matters outlined in the Official Plan such as landscaping, buffering, parking are addressed to the satisfaction of Council. Recommendation Moved by Susan Grant, Seconded by Bob Barlow "It is recommended that the applicant be requested to submit a concept plan of the proposed self.storage establishment showing the following: parking and loading facilities, landscaping, location and size of storage units. It is further recommended to Council that Development Application P- 132/02, a proposed Zoning By-law Amendment for a self storage establishment proceed to a Public Meeting in accordance with the lie -~ '. requirements of the Planning Act only after the concept plan is received and reviewed by the Senior Planner." Carried. 7:20 p.m. Ucci Consolidated Companies Inc. P-115/01 Concession 5, Part of Lot 27 (Oro) Proposed Official Plan & Zoning Bylaw Amendment In Attendance: Cheryl Shindruk, Applicant's Planning Consultant, Bryan Davidson, Applicant, Don Fraser and Steve Usher, Gartner Lee, and Shane Large and John Lackie, Jones Consulting Group The applicant's planning consultant submitted an outline of the items for discussion at their deputation. Essentially the purpose of the deputation was to update the Committee on the technical studies that had been completed and how the applicant was addressing the technical comments that had been received on behalf of the Township. They explained that they had met with the Lake Simcoe Region Conservation Authority and intended to meet with the township staff and consultants as soon as possible to determine the means to resolve their concerns. Ms. Shindruk explained that they had a number of meetin9s with the County of Simcoe but had not yet submitted an Official Plan Amendment application for their consideration. Significant discussion occurred with the members of the Planning Advisory Committee in regards to all of the technical reports submitted. The Committee had a variety of questions related to the environmental component of the technical work, the traffic impact on Line 4 South and Line 5 South, the layout of the golf course, the private communal servicing of the proposal and the requirement for a responsibility agreement to satisfy the Ministry of the Environment, the hydrogeological assessment and the impact on neighbourin9 wells, the marketing analysis completed and the need for such a facility in Oro. Medonte given current approvals, and the need to determine how this development will be maintained as an Adult Lifestyle Community and not a residential subdivision. : Recommendation Moved by Bob Barlow, Seconded by Susan Grant "It is recommended to Council that Development Application P-115/01, a proposed Official Plan and Zoning By-law Amendment for a golf course residential community be deferred until the outstanding technical matters are received and that the application then proceed to a Public Meeting in accordance with the requirements of the Planning Act." Defeated. lIe -~ ~ II' ;I 1} ~"'" I Moved by Susan Grant, seconded by Fran Sutton "It is recommended to Council that Development Application P-115/01, a proposed Official Plan and Zoning By-law Amendment for a golf course residential community, be deferred until all matters identified have been completed to the satisfaction of the Committee and that a Public Meeting not be scheduled until these items are reviewed at a Planning Advisory Committee meeting. It is further recommended to Council that the Development Application be re-submitted to the Planning Advisory Committee for a further review and a recommendation to Council subsequent to the Public Meeting in accordance with the Township policy." Carried. 6. Other Business (a) County of Simcoe Shoreline Policy Document and Report on Proposed Revisions to County Official Plan This item was deferred until the next meeting of the Committee at which time the Public Meetings regarding the proposed policy amendments would have been held by the County of Simcoe and may provide additional revisions to the policies for consideration by the Committee. Ms. Leigh explained that the intent would be to provide a report and recommendation to the Planning Advisory Committee for consideration on the policy amendments with a recommendation being forwarded to Council for consideration. 7. Adjournment Moved by Bob Barlow That the meeting now adjourn at 9:15 p.m. " Carried. Andria Leigh, Senior Planner Mayor Neil Craig, Acting Chairman THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE BY .LA W NO. 2002- 088 Being a By~law to Delegate the Subdivision and Condominium Approval Authority WHEREAS Section SI.2 (2) of the Planning Act, R,S.O 1990. Chapter P.13. as amended. provides for the delegation of authority to approve plans of subdivision and condominium to a local municipality; AND WHEREAS delegation under Section S1.2 (2) of the Planning Act. R.S,O 1990. Chapter p, 13, as amended, was provided by the County of Simcoe to the Township of Oro-Medonte on June 1,2000; AND WHEREAS Section S1.2 (4) of the Planning Act, R,S,O, 1990 Chapter P. 13, as amended. provides for the delegation of authority to approved plans of subdivision and condominium to an appointed officer by by-Jaw in the name of position; NOW THEREFORE the Council of the Corporation of the Township of Oro.Medonte hereby enacts as fcHows: 1. That the Senior Planner of the Corporation of the Township of Oro-Medonte be delegated the authority to provide final approval to plans of subdivision and condominium, 2. That this By-law shall come into force and effect on the final passing thereof. BY-LA W READ A FIRST AND SECOND TIME, THIS 14TH DA Y OF AUGUST, 2002. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS TH DA Y OF ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor - J, Neil Craig Clerk - Marilyn Pennycook /44) , )Lj- b - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-086 BEING A BY-LAW TO AMEND BY-LAW NO. 98-106, WHICH REGULATES MUNICIPAL WATER SYSTEMS WITHIN THE TOWNSHIP OF ORO-MEDONTE AND TO REPEAL BY-LAWS NO. 99-130 AND 2001-58. WHEREAS By.law No. 98.106 was passed on November 4,1998; AND WHEREAS By.law No. 99.130 amended Schedule "Au of By.law No. 98.106; AND WHEREAS By-law No. 2001.58 amended Schedule "Au of By.law No. 98.106; AND WHEREAS Council deems It expedient to again amend Schedule "Au of By.law No. 98.106; NOW THEREFORE the Council of the Township of Oro.Medonte hereby enacts as follows: 1. That Schedule "Au of By.law No. 98.106 is hereby deleted and replaced with Schedule "Au attached hereto. 2. That Schedule "Au, attached hereto, forms part of this By.law. 3. That By.laws No. 99.130 and 2001.58 are hereby repealed. 4. That this By.iaw shall take force and effect on January 1, 2002. BY-LAW READ A FIRST AND SECOND TIME THIS 14TH DAY OF AUGUST 2002. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2002. DA Y OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook 14b-~ BY .LA W NO. 2002.86 SCHEDULE "A" WATER RATES AND FEE SCHEDULE WATER RATES: SHANTY BAY. M-66, M.7I METERED: RESIDENTIAL OR COMMERCIAL Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters HARBOUR WOOD. M-118 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $4 I O.OO/Unit for twelve (12) Months $1 02.50/Unit for three (3) Months $41 O,OO/Unit for twelve (12) Months $102.50/Unit for three (3) Months SUGARBUSH . M.8, M.9, M.30, M.31, M.367, M.368 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CEDARBROOK. M.157 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CANTERBURY. M-343 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $305,OO/Unit for twelve (12) Months $ 76.25/Unit for three (3) Months $600,OO/Unit for twelve (12) Months $150,OO/Unit for three (3) Months $600,OO/Unit for twelve (12) Months $150.00/Unit for three (3) Months BY-LAW NO. 2002.86 (cont'd.) MAPLEWOOD Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters \4b -3 $485.00IUnit for twelve (12) Montbs $121.25/Unit for three (3) Months HORSESHOE HIGHLANDS - M.391, M.447, M-456 ZONE 11 Based on twelve (12) month period Minimum Rate Up 10 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $325.00IUnit for twelve (12) Months $ 81.25lUnit for three (3) Months Based on twelve (12) month period HORSESHOE HIGHLANDS GOLF COURSE $276.50 for twelve (12) Mnnths Consumption Rate Up to 635 m) Over 636 m) Based on a (3) month period Up to 160 m' Over 161 m) CRAIGHURST. M.510 Based on twelve (12) month period Minimum Rate Up 10 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters W ARMINSTER. 309, M-I04, M.92 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $0,42/m' $0.39/m' $ 69.15 for three (3) Months $0,42/m' $0.39/mJ $41 O,OOlUnit for twelve (12) Months $102.50/Unit for three (3) Months $365,OO/Unit for twelve (12) Months $ 91.25/Unit for three (3) Month Period 2 1l.t-b - 4 BY.LA W NO. 2002.86 (cont'd.) SURCHARGE BASED ON TWELVE (12) MONTH PERIOD FOR ALL METERED SYSTEMS 366-545 Cubic Meters 546 + Cubic Meters SO.75/Cubic Meter $I.OO/Cubic Meter FLAT RATE: RESIDENTIAL MEDONTE HILLS .1650, M.29, M.174 Based on twelve (12) montb period Flat Rate S345.00/Unit for twelve (12) Months Based on three (3) month period Flat Rate $ 86.25/Unit for three (3) Month Period ROBINCREST. M.123, M-IOI, BACHLY Based on twelve (12) month period Flat Rate S365.00/Unit for twelve (12) Months Based on three (3) month period Flat Rate $ 91.25/Unit for three (3) Month Period SCHOOLS Flat Rate $ 15,OO/Classroom/Month for twelve (12) Months HORSESHOE. ORO 1587 Based on twelve (12) month period Flat Rate $325.00/Unit for twelve (12) Months Based on three (3) month period Flat Rate $ 81.25/Unit for three (3) Month Period HORSESHOE. Medonte 1531, M.IO, M-II, M.23 Flat Rate $325.00/Unit for twelve (12) Months Based on three (3) month period Flat Rate $ 81.25/Unit for three (3) Month Period PINE RIDGE SKI CLUB Flat Rate $1,200.00 for twelve (12) Months Flat Rate Commercial $ 300.00 for three (3) Month Period MISCELLANEOUS FEES: CONNECTION FEE INSPECTION $200,00 DISCONNECTION AND RECONNECTION CHARGE $ 50.00 Each Public Works/200l By-LawslBy-Law 2002-86-Amend By-Law 98-106 3 Hc.-I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002.089 Being a By-law to Authorize the Execution of a Subdivision Agreement between The Corporation of the Township of Oro.Medonte and 1091402 Ontario Ltd. (former Sinton), Bidwell Road 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 Lot 35, Conc, 1, E.P.R. (Ora) Part E Y, and Part W Y, Lot 36, Conc. 1 E.P.R. (Oro) part of road allowance between Lot 35 and 36, Conc. 1, E,P,R. (Oro) as closed by By-law No. 491, No. Lt.420998, being Parts 1 & 2, 51R-29242, being part of PIN # 58535-0099 (Lt), Township of Oro-Medonte, County of Simcoe. NOW THEREFORE the Council 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; 3. 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 14" day of August, 2002. By-Law read a third time and finally passed this day of ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook . . ~, . SUBDIVISION AGREEMENT - between - 1091402 ONTARIO LTD. - and- THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE DESCRIPTION OF LANDS Part Lot 35, Concession 1, E.P.R. (Oro) Part E. '/, and Part W. '/, Lot 36, Concession 1, E.P.R. (Oro) Part of Road Allowance between Lots 35 and 36, Concession 1, E.P.R. (Oro) As closed by By-law No. 491, No. U 420998 Being Parts 1 and 2, 51 R-29242 Being Part of PIN #58535-0099 (U) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE July, 2002 By-Law No. Ipublic works/2002 subdivision agreements/standard subdivision agreement l1/c / A Schedule "A' to By-Law No. 2002-089 . . . Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Part 8 Part 9 Part 10 Schedule "A" Schedule "B" Schedule "C" Schedule "0" Schedule "E" - Schedule "F" Schedule "G" Schedule "H" Schedule "I" Schedule "J" Schedule "K" I i.fc - ..! ..J TOWNSHIP OF ORO.MEDONTE SUBDIVISION AGREEMENT TABLE OF CONTENTS General Requirements Lands, Plans and Representations Requirements Prior to Execution of Agreement Pre-Construction Requirements Financial Requirements Staging or Phasing Construction Requirements Building Permits and Occupancy Maintenance and Acceptance Default Provisions SCHEDULES Description of Lands Being Subdivided Plan of Subdivision Works to be Constructed Itemized Estimate of Cost of Construction of Each Part of the Works List of Lots Unsuitable for Building Purposes andlor Requiring Special Attention Development Charges . Deeds and Easements to be Conveyed Parkland Declaration of Progress and Completion General Location and Lot Grading Plans SIandard Township Letter of Credit 2 , , TOWNSHIP OF ORO-MEDONTE /4 (' - f THIS AGREEMENT made as of the day of ,2002. BETWEEN: 1091402 ONTARIO LTD. (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-91023) 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: 3 ,1 PART .1 '0'" ""'" Nc -!:J 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 1,1,2 1,1,3 1,1.4 1,1.5 1,1,6 1,1.7 1,1,8 1,1,9 1.1.10 To prepare designs in accordance with the Township of Oro. Medonte Engineering Standards and Drawings (dated October, 1997). To prepare and furnish all required drawings and specifications. To prepare the necessary contract(s) and provide contract administration, To obtain the necessary approvals in conjunction with the Township, from the Township of Oro.Medonte sewage approval authority, Ministry of the Environment, Nottawasaga Valley Conservation Aulhority, Simcoe County District School Board and Simcoe Muskoka Catholic District School Board, and utility companies, or as a result of legislalive 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. To act as the Developer's representative in all matters pertaining to the subdivision. 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. To provide supervision during construction of all the services, To ensure that the work involved in construction of the services is carried out by conslruction methods conforming to acceptabie engineering practice. To maintain records of construction which shall be available for inspection or copy by the Township, To prepare final "as conslructed" Mylar drawings which will include the following with regard to provision of a digital Plan of Subdivision: Completed digllal Plan of Subdivisions must be In AutoCAD 12 drawing format or DXF and be delivered on a 1.44 MB floppy diskette. Two copies of each Plan of Subdivision are required on separate diskettes, Each diskette must be labeled identifying the legal property description, developer's name, file name, and date delivered. PKZIP Release 2.04G may be used to perform file compression if required. 4 , , 1.1.11 . 1,1,12 It is the Developer's responsibility to ensure that all drawing changes occurring throughout the approval process are incorporated into the digital submission. /1[ - b 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 pian data, open roads, rivers, and lakes. PLAN OF SUB layer/level will outline the property boundaries in the form of enclosed polygons. LA YERlLEVEl PLAN OF SUB LINE TYPE CONTINUOUS COLOUR YELLOW (2) The text, which describes Ihe 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 L T TEXT FONT MONOTEXT COLOUR YELLOW (2) The digital files should contain enough site data as to allow for horizontal and vertical positioning within the exisling base mapping, A minimum of two road intersections located outside the Plan of Subdivision must be shown in the drawing, II is not necessary that the digital dala 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". 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 relained to provide the aforementioned and any cost incurred by the Township will be the responsibility of the Developer or individual lot owner), 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 Ihe 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). 5 , , 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 Ihan 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. I~( ~7 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: 1091402 Ontario LId, 24 Tannery Court RICHMOND Hill, Ontario L4C 7V4 Or by Facsimile Transmission to: (705) 730-0801 In which case, notice shall be effective as of the time and date of successful transmission thereof The Developer shall be responsible for notifyin9 the Township Clerk. in writing, of any change(s) in his principal place of business, 1.3 REGISTRATION The Developer consenls 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 AgreemenI and any lands registered in the name of the Township shall be free ofthe 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 execuled 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 Ihe 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 6 . , or to make a cash payment in lieu thereof, as provided by Section 51.5 of the Planning Act 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 registralion of the said deed, The Developer shall provide to the Township's solicitor, certification of good title, free and clear from all encumbrances, It//' ~ IlL 1.8 EASEMENTS The Developer agrees to grant, at his expense, all such easemenls 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 10 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 thai the Developer has entered inlo a satisfactory agreement(s) with them with respect 10 Ihe 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 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 and/or be directed to facilities out of the neighbourhood schools' area, This clause is to be placed in any Agreement of Purchase and Sale entered into with respect to any lots on this Plan of Subdivision, The clause should remain in perpetuity as lots may not be sold or built upon for some time, 1.11 CANADA POST The Developer agrees to construct a site to the specifications and standards of Canada Post and the Township, as required for the construction of 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 hydrogeologist's report prepared by Ian Wilson and Associates Ltd. dated March, 1 992, 7 ., 1'/('-9 1.13 WARNING TO PROSPECTIVE LOT DEVELOPERS The Developer shall provide copies of Clauses, 1.1.11, 1.1.12 and Note of 1.1, 1.10,1,11,1,12, 5.5a), 5,7.2, 7.3, 7.9, 7.16, 8.1, 8.1.1, 8.2, 8.3, 8.4, 8,5, 9,8 and Schedule "F", to each prospective purchaser of a lot(s), 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 againsl 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 defauit. failure or neglect was not caused as a result of negligence on the part of the Township, its servants or agents. 1.15 ENUREMENT This Agreement shall endure to the benefit of and be binding upon the parties and their heirs, executors, administrators, successors and assigns. 8 ., PART-2 /4t' -ID THE LANDS, PLANS AND REPRESENTATIONS 2.1 SCOPE OF AGREEMENT 2.2 DESCRIPTION OF LANDS The lands affected by this Agreement are the lands described in Schedule "A" hereto. 2.3 PLAN REFERENCE For the purpose of this Agreement, references are made to the Plan of Subdivision, attached hereto, as Schedule "B". Any further changes in the said Plan, or any changes in the Conditions of Draft Approval issued by the Township of Oro-Medonte, may necessitate a change in the provisions of this Agreement. 2.4 CONFORMITY WITH AGREEMENT 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 Storm Water Management Study prepared by Richardson Engineering Ltd, daled November, 2000: Drawing No. Description 7101-GSW 7101-GSE 7101-LDW 7101-LDE 7101-ESC 7101-STM 7101-PL 7101-PH 7101-01 to 005 7101-06 to 007 7101-SD1 to SD3 General Services West General Services East Lot Development Plan West Lot Development Plan East Erosion and Sediment Control Storm Drainage Plan Park Development Plan Phasing Plan Maple Ridge Road Oak Ridge Road Standard Detail . 2.4,3 All Plans and Specifications submitted to and accepted by: 2.4,3.1 2.4.3,2 2.4.3.3 2.4,3.4 Ministry of the Environment Hydro Service Company Township of Oro-Medonte Nottawasaga Valley Conservation Authority 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. 9 ., 2.5 Jifr -/1 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" Schedule "B" Schedule "C" Schedule "D" Schedule "E" Schedule "F" Schedule "G" Schedule "H" Schedule "I" Schedule "J" Schedule "K" 2.7 SUBDIVISION CHANGES Description of lands Being Subdivided Plan of Subdivision Works to be Constructed Itemized Estimate of Cost of Construction of Each, Part of the Works List of Lots Unsuitable for Building Purposes and/or Requiring Special Attention Development Charges Deeds and Easements to be Conveyed Parkland Declaration of Progress and Completion General Location and Lot Grading Plans, Standard Township Letter of Credit 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. . 10 " /if( -)2 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 Ihe Township all transfers/deeds, discharges and easements or other documents required by Schedule "G", as well as Certification from Ihe Developer's solicitor that the Transfer/Deeds and Easements shall provide the Township wilh good title, free and clear from all encumbrances. 3,1.3 Postponement Mortoaoe/Charoe - file with the Township solicitor, for his approval, a postponement of Mortgage/Charge document. 3,1.4 Cash Deposits, Development Charoes & Security - have paid 10 the Township ali cash deposits, deveiopment charges and security required by Schedules "D" & "F", 3.1.5 Construction/Enoineerino Pians & 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 Ihe 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 Consultino Enoineer's Letter - ensure that each Consulting Engineer (who must be experienced in Ihe 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 Ulilities and Canada Post Confirmation - arrange for Ihe Electrical Distribution Utility, Bell Telephone, the Natural Gas Utility, Cable TV. and Canada Post, to write a letter 10 the Township Clerk confirming that: . 3,1.9,1 They have been informed of the project and have seen Ihe development plans, 3.1,9.2 Satisfactory arrangements have been made with them for servicing Ihe subdivision wilhout 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 thai there will be no encumbrances registered against the said lands, 11 .' JI-I( -13 . 3.1.11 Approvals - obtain and file with the Township, confirmation approvals from the following: 3,1,11.1 Ministry of the Environment 3.1.11.2 Hydro Service Company 3.1.11,3 Township of Oro-Medonte 3.1.11.4 Nottawasaga Valley Conservation Authority 3.1.11.5 Simcoe County District School Board 3.1.11.6 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 Mylars - 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. . 12 PART.4 , , lIe - 11 , , 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 County of Simcoe and obtain registration of the Plan. 4.1.2 Approval of Plans The Developer and Ihe 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 10 be in accordance with the Township's approved Engineering Standards: i) Ihe drainage plan; il) the lot grading plan; iIi) the service layout plan for Hydro, Telephone and Gas; iv) the road and sewer plans and profiles, 4,1,3 Certificate of Approval Submit to the Township, the Ministry of the Environment's Certificate of Approval for Storm Sewer Works. 4.1.4 Contractor The said services shall be installed by a contractor or contractors relained by the Developer and approved, in writing, by th€ Township Engineer, The Township and Township Engineer are 10 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 Ihe case may be, shall conform to the requirements of Clause 4.1.8. 4,1,6 Erosion and Siltation Control The Developer must take all necessary precautions to prevent erosion and sedimentation of sewers. ditches, culverts, slopes, etc., both within the subdivision and downstream prior to and during construction and upon completion of servicing of the subdivision. Failing adequate precautions being taken, the Developer shall be responsible for correcting any damage and paying all maintenance costs resulting therefrom. 13 .. A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's Engineer for approval by the Township Engineer and the Nottawasaga Valley Conservation Authority. Prior to any grading or construction commencing on the site or final approval and registration of the subdivision, the Developer's Engineer shall submit the Plan for approval by the Township Engineer and the Nottawasaga Valley Conservation Authority. The Plan shall detail the means whereby erosion and siltation and their effects will be minimized on the site during and after the construction period, The 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 Nottawasaga Valley Conservation Authority, The Developer agrees to maintain all erosion and siltation control devices in good repair during construction, /1r -6 4.1,7 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), 4.1,8 Notification of CommencemenI 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 Declaralion 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 Ihe Township Engineer. Subsequent phase 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 cessalion or interruption of construction, the Developer shall provide forty-eight (48) hours written notice to the Township Engineer before work is resumed; 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; a) Give notice to the Developer to stop work on the said municipal services and to provide that no further work shall be done with respect to such services, until an amending Agreement, inoorporating the standards, specifications and financial requirements of the Township, in effect as of that date, Is executed by all parties; or b) Give notice to the Developer to stop work on the municipal services and inform the Developer that the Township proposes to realize on its security and proceed with the completion of construction in accordance with the provisions of the Plans filed with the Township, ]4 .. IJ/( ~/b 4.2 BREACH OF AGREEMENT If the Developer commences or causes corostruction of the works prior to satisfying the requirement of this Agreement. it shall be subject to the penalties identified in Part 10. J5 ,. PART.5 Iile --17 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 Ihe 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 T ownship'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 Iype of construction and the amount provided wi/I 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 accounls within thirty (30) days. it Is hereby understood and agreed that the Developer would be In default of this Agreement and the Township may, wilhout notice, Invoke default provisions as set out in this Agreement. 5.3 DEVELOPER'S LIABILITIES Until the Township has Issued Ihe Certificate of Maintenance and Final Acceptance for the works, the Developer shall indemnify the Township against all actions, causes of action, suits, cJaJms 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 Utilities Commissions and companies. He or his Consulting Engineer shall obtain all approvals and permits and pay all fees and utility charges directly to the Utility until the Certificate of Maintenance and Final Acceptance (Underground SelVices) Is Issued, If an addillonal electrical selVice Is required for Township purposes, the Developer shall include the cost of Installation and maintenance of the selVIce, 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-tot basis prior to the issuance of the first Bui/dlng Permit with respect to the particular lot b) 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 laxes 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, 16 , , life ~fl 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 Local Improvements Act 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 applicabie development charges of any Public Utility Commission. 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 Ihe Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "K" with an automatic renewal clause, in the amount of one hundred percent (100%) of Ihe estimated costs of the said works, as set out in Schedule "0" 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 Permils 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 "0", will be reviewed and updated by Ihe Township Engineer on each anniversary of the date of execulion of this Agreement. In the event of an increase, the Developer shall provide additionai security, as required by the Township Engineer. within thirty (30) days of notice, by registered mail, from the Township Engineer. In Ihe event that the Developer fails to deliver to Ihe 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 Ihese 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 "0" 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 "0" is greater by 10% Ihan 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 '. /f( ;/1 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, aI/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 wel/ 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 10 be completed by the Developer under this Agreement. f) ExceedinQ 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 -Ihe 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 directiy or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to compiete 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) The Construction lien Act - if the Township becomes obligated 10 make any payments, or pay any costs under the provisions of Section 17(4) of the Construction lien Act, this will conslitute a default and entitle the Township to realize upon ils security. i) Surplus Funds - in Ihe event Ihat 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 estimaled 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 plivilege, 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 reduclion 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 18 '. estimate will be released upon satisfactory assurance to the Township that there are no liens pursuant to the Construction Lien Act affecling lands conveyed or to be conveyed to the Township within the Plan of Subdivision, pursuant to the terms of this Subdivision Agreement. ILl t -dO 5.7,2 Final Occupancy and Lot Grading Deposit - the Developer shall deposit with the Township, the required Final Occupancy and Lot Grading Deposit at a rate appticable 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 ptan by a certified Engineer and approved by the Township Engineer, the balance of the deposit shall be returned, 5.8 STATUTORY DECLARATION OF ACCOUNTS PAID The Deveioper agrees that upon applying for a Discharge of Securities or for a Certificate of Substantial Completion and Acceplance, or for a Certificate of Maintenance and Final Acceptance for the servjces 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 interesl in the said lands, and consenls to the registralion of this Subdivision Agreement against title to Ihe 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 Ihe Township and their agents, against any liability that may arise out of the construction or installation of any work to be performed pursuant 10 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 - 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 and such policy shall contain: a) a cross-liability clause; b) producVcompteted operation coverage; c) shall not have an exclusion pertaining to blasting, provided thai 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. 19 '. 5.10.4 Certificate of Coverage - any certificate of coverage fited with the Township Clerk shall specifically contain their confirmation that coverage includes (a), (b), (c) and (d) above and are in effect. /tic 5,10.5 Confirmation of Premium Payment - the Developer shall, from time to time as required by the Township, provide confirmation thai 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 fited 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, : 20 '. ;' . ?'. 11ft - JoL 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 Ciause 5.6 for one hundred percent (100%) of the estimated costs, as approved by the Township Engineer, the Deveioper 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 (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 Deveioper be approved if all services of the aclive stage approved by the Township Engineer have not been completed within a two (2) year period after registration of this Agreement. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erecled 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, 21 " PART.7 ;tfc ":l, 'd:..-' CONSTRUCTION REQUIREMENTS 7.1 WORKS TO BE INSTAllED The works to be inslalled are set out in Schedule "C" to this Agreement. This Schedule is to set out the works in generai 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 lime 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 adequalely any of the public services required by the Plan, the Developer shall conslruct, install or perform such additional works at the request of the Township Engineer. 7.2 CONSTRUCTION OF WORKS Following the registration of this Agreement. the Developer shall cause to be constructed, all requisite works in order to provide services to the lots and buildings blocks within the Phase, 7.3 PRESERVATION AND PLANTING OF TREES 7,3.1 The Developer must preserve all healthy trees within the limits of the subdivision, where possible. If, in the opinion of the Township Engineer, indiscriminate removal of trees takes place within the iimits 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 laking piace, 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 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, 7.3.3 In addition, the Developer shall plant trees with the above specifications at 15 metre intervals around the perimeter of the park, in areas where there is not a sufficienf growth of trees, " 7.4 MOVEMENT OF Fill The Developer covenants and agrees that he shall not dump, nor pennit 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. 22 7.5 BLASTING /1 c (}1 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 blasfing 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 Ihe 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 Ihe 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 aJ)owance or existing structure or plant located on the road allowance as a result of the subdivision development and shall pay for any cosls 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 conslruction will be final. 7.8 DUST CONTROL Until the Certificate of Substantial Completion and Acceptance (Aboveground Works) has been issued, the Developer shall apply calcium to the roads within the subdivision and/or utilized by construction traffic, in quantities sufficient to prevent any dust problem to traffic or home occupants, to the satisfaction of the Township Engineers, If the Developer has not laken 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, aI the Developer's expense, a suitable measure of duSI 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 Ihe 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 Deveioper agrees to deliver a copy of this clause to each and every builder obtaining a Building Pern,;t for any lot or part of a lot on the said Plan of Subdivision, 23 " /4 cJ!; 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 10 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 Ihe 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 7.11,1 Prior to the approval of Ihe 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, 7,11.2 It is understood and agreed thai 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 liquidaled 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 inslall 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 installlhe 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 Ihe 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 whalsoever, as an acceptance or assumption of the said works by the Township, 24 " The Township, in addition to all other remedies il may have, may refuse to issue Building Permits until such works are completely installed in accordance with the requirements of the Township Engineer. It is agreed that a copy of this clause be delivered by the Developer to each and every builder obtaining a Building Permit for any lot or part of a lot on the said Plan, /L/( 7.13 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES It is intended that the electricily and street lighting, and sewer system will be constructed, inspected and approved prior 10 the completion of the other works, including roads and boulevards, Building Permits will nol be issued until the Township Engineer has given the Certificate of Substantial Complelion and Acceptance (Municipal Underground Services), The two (2) year mainlenance 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 oul 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 compleled dwellings erected therein and Occupancy Permits have been issued, The Developer shaH be responsible for the normal operation, maintenance, and all repairs of the services. in this case, until the Township has assumed the responsibilily of the services, 7.14 EMERGENCY REPAIRS Employees or agenls 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 assumplion 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 TOWNSHtP The Developer agrees that I. 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 nol 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 Grading Plan No.'s 7101-LDW and 7101- LDE, prepared by Richardson Engineering Ltd.. and approved by the Township Engineer and the Township of Oro-Medonte. Some fill and regrading of lots may 25 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. , 1ft /""1 ~. j I d II 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 10 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 Inlerferes 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 Jot owner of any lot In the subdivision upon which the Township elects to enter for the purpose of recllfylng 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 326 of the Municipal Act. The Developer agrees to deliver a copy of this clause to each and every prospecllve 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 Drainage Plan 7101-STM, prepared by Richardson Engineering LId" and approved by the Township Engineer and the Township of Oro-Medonte. 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 Pennits allowed in the subdivision, 26 . . 7.18 DEFINITIONS FIC'd?; . For the purposes of this Subdivision Agreement: (i) The term "Underground Services" shall mean the storm drainage works (Including culverts, storm sewer and detention pond), waterworks, underground electricat 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 SelVices 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 (Municipal Underground SelVices) shall not constitute an assumption of the Municipal Underground SelVices by the Township, (iii) The term "Certificate of Maintenance and Final Acceptance (Municipal Underground SelVlces)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Municipal Underground SelVices 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) mainlenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Municipal Underground SelVices by the Township, (Iv) The term "Aboveground SelVlces" shall mean all Municipal selVlces to be construcled 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 Substanlial Completion and Acceptance (Aboveground SelVlces)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Aboveground SelVlces 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 thaI 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 saIlsfactorily completed and malnlalned 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. (vii) 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 Acceplance (Aboveground Services), as the provisions of this Subdivision Agreement require, 27 (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 Ihe provisions of this Subdivision Agreement require. pltJ 28 '. ILl c .jD 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 untii 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 of Oro-Medonte and the Township Engineer, as a further requirement to Clause 7.16, The Plan shall include the following: a) envelopes for the proposed house and any adjacent structures on each lot. b) an envelope showing the location, size and elevation of the subsurface sewage system on each lot and all pertinent engineering design criteria, c) existing and proposed grades of the disturbed area of lot after building, drainage and sewage works have been completed, d) exisling and proposed grades on lot corners and mid-lot elevation. e) location and type of proposed water. 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 regislered with the Association of Professional Engineers of Ontario, experienced in private sewage system design, for approval by Ihe Township Engineer, prior to the issuance of a Sewage System Permit for each respective lot. Site Development Pians, 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. g) the Professional Engineer will be required, prior to the issuance of a Final Inspection Report, to certify to the Township of Oro-Medonte. in writing, that the foregoing works have been carried out in accordance with the approved Plans noted above, 29 The Developer further agrees to construct all works required under Clause 7.16, and as shown on the approved General Location and Lot Grading Plan No.'s 7101-LDW and 7101-LDE, Storm Drainage Area Plan 7101-STM, and Erosion Control Plan 7101-ESC, all prepared by Richardson Engineering Ltd. to the satistaction of the Township of Oro-Medonte and the Township Engineer. , " g /'1" r r L t ,31 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 approval of the Plan by the Township, or the acceptance by the Township of the works, shall not be deemed to give any assurance that the 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) Township of Oro-Medonte 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 ManagemenI System has 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, Electricity or Natural Gas have been approved, (iv) A "Builders" road consisting of the grading, curb and gutter or ditch shaping and full depth of Granular "8" 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. The individual Lot Development Plan must be approved by the Township Engineer prior to the issuance of a Building Permit. (viii) All dead trees within Ihe limit of the Plan have been removed. ix) Arrangements have been made and approved by the Township for Municipal Address System numbering, as sel out in Clause 8.4, 30 14 t -:3~ (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. (xii) Any development charges have been paid, in full, in accordance with the applicable development charge By-Laws, enacted pursuant to the Development CharQes Act, 1 997, 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 A HENTlON Any lot, which will require special aHention 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 Ihe 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 buiidings 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 hydro, lelephone lines. gas mains and street lights have been installed and approved by the Township Engineer, (iii) A Certificate Letter and individual Lot Deveiopment Plan has been given by the Developer's Consulting Engineer, or a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building constructed, and the final grading 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. 31 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, )1 c- 33 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 Road Occupancy Permit. (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 has been complied with, It is agreed that a copy of Part 8 shall be delivered by the Developer to each and every builder obtaining a Builder's Permit or any prospective purchaser of Ihe dwelling tor 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 Ihe vital services listed in Clause 8,5 are installed to Ihe 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, ete, The liquidated damages to commence at and include the date of occupancy and end when the Developer obtains a certificate from the Township Engineer ihat the vital services are satisfactorily installed. If the Developer fails to pay to the Township, monies owing under this clause within Ihirty (30) days of the date of the bill, the money may be deducted from the cash deposil or Leiter of Credit or other deposited security. 32 PART.9 f lif c ~j1 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 nofed that the Certificale 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. mainlenance, 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 compleled, 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 oul this maintenance, the Developer shall pay all charges to the Township, If, during this period, the Developer Iails 10 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 10 pay the Township wilhin thirty (30) days of the date of billing, then the money owing may be deducled 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 10 be made and notwithstanding the two (2) year period noted above, Ihe maintenance period will continue for the 33 '. 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. 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, . ,/ lif(. j!J 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 Certlflcale 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 othelWIse 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 Labour Mixed Sand and Salt Payroll Burden - 41 % Administration 7% G.S,T. - 7% $40,OO/hr. $20,OO/hr. $12.00/m' 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 accepled 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. 34 9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES ! tfc ~ 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. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibiiity for and take over the subdivision services until fifty percent (50%) of the 10Is 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 Ihe 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 Agreemenl 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 contormity wilh 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 101 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 s8lVices. 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 Ihe sole responsibility of the Developer and Ihe 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 buiider/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 eiects 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 iands for the purpose of correcting drainage problems, The cost of such work will be for the account of the Developer and/or subsequent lot owner. Any invoices not paid within thirty (30) days after due date, shall be added to the tax roll and collected In a like manner as realty taxes as per Section 326 of the Municipal Act. 35 PART - 10 . DEFAULT PROVISIONS /4 ( ~ j1 . . 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, andlor to restrict or refuse issuance of Building andlor 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 ensure to the benefiI of the parties hereto and their respective heirs, executors, administrators and assigns. 10.3 SUBSTITUTION FOR APPROVALS Wherein this Agreement reference is made 10 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 subslituted 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 AgreemenI, shall be a first charge or iien against the said lands in accordance with the provisions ot Section 326 of the Municipal Act. IN WITNESS WHEREOF the parties herelo have executed this Agreement and have hereunto caused 10 be affixed the corporate seals, duly attested to by the proper signing officers. SIGNED, SEALED AND DELIVERED this day of AD. 2002. THE CORPORATION OF THE TOWNSHIP OF ORO.MEDONTE Per J. Neil Craig Title Mayor Per Marilyn Pennycook Title Clerk P ~ Luigi Orsi Has the Authority to Bind the Corporation 36 SCHEDULE "A" ltf( ~ Z? NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO.MEDONTE AND 1091402 ONTARIO LTD. DESCRIPTtON 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 Lot 35, Concession 1, E.PR (Oro) Part E. Y, and Part W, Y, Lot 36, Concession 1, E.P.R. (Ora) Part of Road Allowance between Lots 35 and 36, Concession 1, E,P.R. (Ora) As closed by By-law No. 491, No. Lt 420998 Being Parts 1 and 2, 51 R-29242 Being Part of PIN #58535-0099 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE 37 SCHEDULE "8" If /i()f )/1 C ' .,,5 I NOTE: It is understood and agreed that this Schedule fOnTIS part of the Subdivision Agreement between the TOWNSHIP OF ORO.MEDONTE AND 1091402 ONTARIO LTD. PLAN OF SUBDIVISION 51-M 38 SCHEDULE "C" J4c - 40 NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1091402 ONTARIO LTD. WORKS TO BE CONSTRUCTED Complete roadway construction, inciuding excavation, granular roadbed materials, curb and gutter, as required, two lifts of asphalt, topsoil and seeded boulevards with sod and erosion control measures, as required. Storm drainage works, including ditches, culverts and storm sewer. Street and traffic signs. Underground hydro, telephone, and street lighting, Parkland, Fire Reservoir. All of the above works are incorporated onto the following Engineering Drawings prepared by Richardson Engineering Ltd" Project No, 7101, Municipal Affairs No. 43T- 91023, The above-referenced Drawings were stamped, as accepted, by the Township Engineers, R. G, Robinson and Associates (Barrie) Ltd., on August 22,2000; revised June 25, 2002. Drawing No. Description 7101-GSW 7101-GSE 7101-LDW 7101-LDE 7101-ESC 7101-STM 7101-PL 7101-PH 7101-01 to 005 7101-06 to 007 7101-SD1 to SD3 General Services West General Services East Lot Development Plan West Lot Deveiopment Plan East Erosion and Sediment Control Storm Drainage Plan Park Development Plan Phasing Plan Maple Ridge Road Oak Ridge Road Standard Detail 39 SCHEDULE "0" fJ-! c - I-f/ NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1091402 ONTARIO lTD. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS The following list summarizes the cost estimate of the major works, but is not necessarily inclusive: A) Roadway construction complete, including clearing and grubbing, excavation, granular road base materials, concrete curb and spillways and two lifts of asphalt............... ........,.............................., ,............,........ ., ,$495,314.50 B) Storm Drainage works complete, including storm sewers, ditch iniet catchbasins, culverts, detention pond, topsoil, seed and mulch, sod, ditching and siltation and erosion control devices.......,....,..,..,........,......... ... ...... ,., ,......$100,876,00 C) Miscellaneous items such as street name and regulatory signs......................"..... '..,.............. ,.....,.. ,..,....$ 500,00 D) Electrical supply, including street lights, control panels and duct crossings...............,....,......,..........., ....$ 31,350,00 E) Parkland works....,.....,...,.,..,................. ,........,... ........ ,...$ 700.00 SUB-TOTAL $628,740.50 F) Allowance for Engineering and supervision....... ,................,$ 27,885.72 TOTAL $656,626.22 7% G.S.T. $ 45,963.84 GRAND TOTAL COST $702,590.05 40 NOTE: SCHEDULE "E" }lIe ~ t/;J It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO.MEDONTE AND 1091402 ONTARIO LTD. LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES & LIST OF LOTS REOUIRING SPECIAL ATTENTION 41 , . SCHEDULE "F" L/c - ~3 NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1091402 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 By-Law 99-081 of the Township of Ora- Medonte at the rate applicable, upon the issuance of the first Building Permit for each lot upon which charges are payable. (ii) Educational deveiopment charges in accordance with By-law [#3203-00J 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 (Hi) 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 be advised that specific rates applicable to each lot in the Plan of Subdivision can be obtained by contacting, for the Township of Ora-Medonte, the Treasurer; for the Simcoe-Muskoka Catholic District School Board, the Associate Director of Education; and in the case of the Simcoe County District School Board, the Superintendent of Facility Services. Please also be advised that development charge By-Laws may be enacted after the date of this subdivision by the County of Simcoe or by a Public Utility Commission pursuant to the Development Charfjes Act, 1997, which may impose a charge on the development of the lands within the plan of subdivision; Also, please be advised Ihat the above-referenced By-Laws enacted pursuant to the Development Charqes Act, 1997 and Section 257,53 of the Education Act, may be amended or superceded by subsequent By-Laws enacted In accordance with the respective legislation. 42 SCHEDULE "G" ;1c -lft NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1091402 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: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP Block 51 Block 52 Block 50 Block 53 Block 55 Block 54 6,Om Road Widening 6.0m Road Widening O,3m Reserve Q,3m Reserve 0.3m Reserve Parkland Plan 51-M Plan 51-M Plan 51-M Plan 51-M Plan 51-M Plan 51-M 2.0 STORM EASEMENTS 43 , . NOTE: PARKLAND SCHEDULE "H" Itfc J#3 It is understood and agreed that this Schedule fOnTIS part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1091402 ONTARIO LTD. Slock 54, Plan 51-M 44 .' . SCHEDULE "J" /l/c - t/b TOWNSHIP OF ORO-MEDONTE DECLARATION OF PROGRESS AND COMPLETION SUBDIVISION DEVELOPER CONSULTING ENGINEER As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE AND 1091402 ONTARIO LTD. The Developer(s) dated 1. The Developer hereby agrees and undertakes to complete the construclion of the Works as required by the above-mentioned Agreement in accordance with the time schedule for the completion of selVices 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 "8" and Granular "A" on or before c) Grading, topsoiling and seeding of private blocks and parks on or before_ d) Boulevard sodding on all roads on or before e) Hot asphalt on or before f) Planting of trees on or before 2, The Developer further agrees that the Township is hereby authorized to carry out, at his expense, any of the work set out in this Declaration not finished on or before the completion dates, to be commenced not sooner than one week following such completion date, it being understood and agreed that the Township's authorizalion is limiled only to that work required under the Declaration; 3. The Developer undertakes to properly maintain Ihe 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 bouievards, have been completed; 45 , . . 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; ;tjc<!/1 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. '-O'"h- oration Luigi Ors! . Has the Authority to Bind the Co Seal or Witness LL ;;/ ' ,7/;t :/.6 (7;..17 ;JofJ? Date 46 " "".. .' SCHEDULE "J" Vic .I 19 NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO.MEDONTE AND 1091402 ONTARIO LTD. GENERAL LOCATION AND LOT GRADING PLANS PROCEDURE After the Lot Development Plans 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. 47 /0. ORIGINAL eRBC d~RoyalBank SGII6D<.><;E ~k..A ;lIe - qq E OF ISSUE: JULY 3l, 2002 'EFI ClARY, 3 CORPORATION OF THE TOWNSHIP OF J-MEDONTE J. BOX 100, ORO TARIO LOL 2XO PAGE, 1 INT'L TRADE CENTRE - ONTARIO 180 WELLINGTON ST W., 9TH FLOOR, TORONTO, ONTARIO, M5J 1J1 CANADA OUR REFERENCE NUMBER: P170315T07512 .' DATE OF EXPIRY: JULY 30, 2003 PLACE OF EXPIRY, TORONTO, ONTARIO APPLICANT: 1091402 ONTARIO LTD. SUITE 100 250 ROEHAMPTON AVENUE TORONTO, ONTARIO M4P 1R9 AMOUNT: CAD 285,228.26 TWO HUNDRED EIGHTY FIVE THOUSAND TWO HUNDRED TWENTY EIGHT AND 26/100'S CANADIAN DOLLARS ffiEVOCABLE STANDBY LETTER OF CREDIT NO. P1703l5T075l2. , HEREBY AUTHORIZE YOU TO DRAW ON ROYAL BANK OF CANADA, INTERNATIONAL TRADE 3NTRE-ONTARIO, l80 WELLINGTON STREET WEST, TORONTO, ONTARIO, M5J 1J1, FOR THE 2COUNT OF 1091402 ONTARIO LTD., UP TO AN AGGREGATE AMOUNT OF TWO HUNDRED EIGHTY lVE THOUSAND TWO HUNDRED TWENTY EIGHT AND 26/l00'S, CANADIAN DOLLARS CAD.285,228.26) AVAILABLE ON DEMAND. URSUANT TO THE REQUEST OF OUR CUSTOMER, THE SAID 1091402 ONTARIO LTD., WE, OYAL BANK OF CANADA, INTERNATIONAL TRADE CENTRE-ONTARIO, 180 WELLINGTON STREET EST, TORONTO, ONTARIO M5J lJl, HEREBY ESTABLISH AND GIVE YOU AN IRREVOCABLE ,ETTER OF CREDIT IN YOUR FAVOUR IN THE TOTAL AMOUNT OF CAD.285,228.26 WHICH MAY ~ , i / I' It> THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-lAW NO. 2002-087 BEING A BY-lAW TO CONFIRM THE PROCEEDINGS OF THE COUNCil MEETING HELD ON WEDNESDAY, AUGUST 14, 2002. THE COUNCil OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOllOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, August 14, 2002, 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 confirm. 2, THAT the Mayor and the proper Officiais of the Township are hereby authorized and directed to do ail 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 14'h DAY OF AUGUST, 2002. BY-lAW READ A THIRD TIME AND FINAllY PASSED THIS DAY OF AUGUST, 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, Neil Craig Clerk, Marilyn Pennycook