2003-009 By-Law 2003-009 to Authorize the execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Laurel View Homes (HV) Inc.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-009
Being a By-law to Authorize the Execution of a Subdivision Agreement
between The Corporation of the Township of Oro-Medonte
and Laurel View Homes (HV) Inc.
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 3,
Concession 4, (Oro), designated as part of Part 8 and all of Parts 6, 7, 20 and 21 on
Plan 51 R-30671 (subject to an easement over parts of 7 and 20 Plan 51 R-30671 as in
Instrument #L T522875 together with an easement over parts 1 and 2, Plan 41 R-30671
as in instrument #L T522878, being part of PIN #74055-0119(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 5th day of February, 2003.
By-Law read a third time and finally passed this 5 t ~ay of Feb. ,2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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SUBDIVISION AGREEMENT
- between -
LAUREL VIEW HOMES (HV) INC.
PHASE 1
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
DESCRIPTION OF LANDS
Part Lot 3 concession 4, Oro. Designated
as part of Part 8 and all of Parts 6, 7, 20, and
21 on Plan 51 R-30671
Subject to an easement over parts of 7 and 20
Plan 51 R-30671 as in instrument #L T 522875
together with an easement over parts 1 and 2
Plan 51 R-30671 as in instrument # L T 522878
being part of PIN #74055-0119(Lt}
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
January, 2003
By-Law No. 2003-009
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TOWNSHIP OF ORO-MEDONTE
SUBDIVISION AGREEMENT
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TABLE OF CONTENTS
Part 1 General Requirements
Part 2 Lands, Plans and Representations
Part 3 Requirements Prior to Execution of Agreement
Part 4 Pre-Construction Requirements
Part 5 Financial Requirements
Part 6 Staging or Phasing
Part 7 Construction Requirements
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Part 8 Building Permits and Occupancy
Part 9 Maintenance and Acceptance
Part 10 Default Provisions
SCHEDULES
Schedule "A" -
Description of Lands Being Subdivided
Schedule "B" -
Plan of Subdivision
Schedule "C" -
Works to be Constructed
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Schedule "D" -
Itemized Estimate of Cost of Construction of Each
Part of the Works
Schedule "E" - List of Lots Unsuitable for Building Purposes
and/or Requiring Special Attention
Schedule "F" - Development Charges
Schedule "G" - Deeds and Easements to be Conveyed
Schedule "H" - Declaration of Progress and Completion
S9hedule "I" General Location and Lot Grading Plans
Schedule "J" - Standard Township Letter of Credit
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TOWNSHIP OF ORO-MEDONTE
THIS AGREEMENT made as of the
day of
,2003.
BETWEEN:
LAUREL VIEW HOMES (HV) INC.
(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 (43-0M-20001) 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:
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PART - 1
GENERAL REQUIREMENTS
1.1 DEVELOPER'S CONSULTING ENGINEERS
The Developer shall employ Engineers registered and in good standing with the
Association of Professional Engineers of Ontario:
1.1.1 To prepare designs in accordance with the Township of Oro-
Medonte Engineering Standards and Drawings (dated October,
1997).
1.1.2 To prepare and furnish all required drawings and specifications.
1.1.3 To prepare the necessary contract(s) and provide contract
administration.
1.1.4
To obtain the necessary approvals in conjunction with the
Township, from the Township of Oro-Medonte sewage approval
authority, Simcoe County District School Board and Simcoe
Muskoka Catholic District School Board, and utility companies, or
as a result of legislative or procedural change, the Ministries shall
be deemed to be the Ministry of Municipal Affairs and Housing, as
well as the Council of the Township of Oro-Medonte or the Chief
Building Official. This will also pertain to Sections 2.4.3, 3.1.11, 8.1
and 8.2.
1.1.5 To act as the Developer's representative in all matters pertaining to
the subdivision.
1.1.6 To provide co-ordination in scheduling to comply with the timing
provisions of this Agreement and the requirements of the Township
Engineer, for all the work specified in this Agreement.
1.1.7 To provide supervision during construction of all the services.
1.1.8
To ensure that the work involved in construction of the services is
carried out by construction methods conforming to acceptable
engineering practice.
1.1.9
To maintain records of construction which shall be available for
inspection or copy by the Township.
1.1.10
To prepare final "as constructed" Mylar drawings which will include
the following with regard to provision of a digital Plan of
Subdivision:
Completed digital Plan of Subdivisions must be in AutoCAD 12
drawing format or DXF and be delivered on a 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.
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1.1.11
1.1.12
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It is the Developer's responsibility to ensure that all drawing
changes occurring throughout the approval process are
incorporated into the digital submission.
All line data depicting property boundaries must be mathematically
closed to form polygons.
The lines, which describe the boundary of all properties created
within the Plan of Subdivision, will be isolated on a unique
layer/level. In certain cases, some of the line segments will
coincide with the location of concession lot lines, registered plan
data, open roads, rivers, and lakes.
PLAN OF SUB layer/level will outline the property boundaries in the
form of enclosed polygons.
LA YERlLEVEL PLAN OF SUB
LINE TYPE CONTINUOUS
COLOUR YELLOW (2)
The text, which describes the property lot numbers for the Plan of
Subdivision, will be isolated on a unique layer/level. The lot number
will be inserted as descriptive text.
LA YERlLEVEL PL LT TEXT
FONT MONOTEXT
COLOUR YELLOW (2)
The digital files should contain enough site data as to allow for
horizontal and vertical positioning within the existing base mapping.
A minimum of two road intersections located outside the Plan of
Subdivision must be shown in the drawing.
It is not necessary that the digital data be in Universal Transverse
Mercator (UTM) co-ordinates since the registration process will
automatically convert any unit grid to the Ontario Base Mapping
UTM Co-ordinate System".
To furnish the Township with a certificate with respect to each lot or
building block for which a Building Permit application is made,
certifying that the proposed construction is in conformity with the
General Location and Lot Grading Plan or with an approved
variation; (NOTE: That a Professional Engineer could also be
retained to provide the aforementioned and any cost incurred by the
Township will be the 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 the General
Location and Lot Grading Plan or with an approved variation
(NOTE: That a Professional Engineer could also be retained to
provide the afore-mentioned and any costs incurred by the
Township will be the responsibility of the Developer or individual lot
owner).
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NOTE: In the case of lots built on after the sale or transfer by the Developer, the
Township reserves the right to request a similar certificate as required under
1.1.11 and 1.1.12, but it may be provided by a Professional Engineer, other than
the Developer's Consulting Engineer. If the Township has their Engineer prepare
the Certificate, the cost of the work will be deducted from the final occupancy and
lot grading deposit and will become the responsibility of the individual lot owner.
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:
Laurel View Homes (HV) Inc.
4001 Chesswood Drive
North York, Ontario
M3J 2R8
Jerry Leiberman
FAX# 1-416-635-1518
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In which case, notice shall be effective as of the time and date of successful
transmission thereof.
The Developer shall be responsible for notifying the Township Clerk, in writing, of
any change(s) in his principal place of business.
1.3 REGISTRATION
The Developer consents to the registration of the Subdivision Agreement by the
Township and at the sole discretion of the Township upon the title of the lands,
the registration expenses shall be included as a legal expense to the Developer.
1.4 VOIDING AGREEMENT
In the event that the Plan is not registered within one year from the date of
signing this Agreement, the Township may, at its option, declare this Agreement
to be null and void.
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1.5 MORTGAGEE BECOMING DEVELOPER
The mortgagee(s) hereby agrees that in the event of him/they becoming the
Developer(s) of the lands under his/their mortgage by way of foreclosure,
purchase or otherwise, either beneficially or in trust, then the mortgage(s) shall
be deemed to be postponed to this Agreement and any lands registered in the
name of the Township shall be free of the mortgage(s), and the mortgagee(s)
agrees to register a discharge of the mortgage(s) on those lands if called upon by
the Township, to do so, and he/they shall be subject to the terms of the
Agreement as though he/they had executed this Agreement in the capacity of the
Developer.
1.6
ASSIGNMENT OR TRANSFER OF MORTGAGE
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The mortgagee(s) agrees that in the event of him assigning or transferring the
mortgage(s) on the lands, the assignment(s) or transfer(s) shall be subject to the
terms hereof, in the same manner as if the assignee or transferor has executed
this Agreement.
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1.7
LANDS FOR MUNICIPAL PURPOSES
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The Developer agrees to grant good title in fee simple free and clear from all
encumbrances unto the Township, lands for municipal purposes other than
roads, which shall be mutually agreed upon by the Developer and the Township
or to make a cash payment in lieu thereof, as provided by Section 51.5 of the
Planning Act and required by the Township of Oro-Medonte. The Developer also
agrees to certify good title to lands by the Developer's solicitor. The deeds for
the said lands are to be approved by the Township's Solicitor and thereafter,
forthwith, registered and deposited with the Township Clerk. The Developer shall
pay the cost for preparation and registration of the said deed. The Developer
shall provide to the Township's solicitor, certification of good title, free and clear
from all encumbrances.
1.8
EASEMENTS
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The Developer agrees to grant, at his expense, all such easements and
rights-of-ways as may be required for the installation and supply of services to
the subdivision and to deed lands to the Township, as set out in Schedule "G".
The Developer also agrees to certify good title to easements and right-of-ways by
the Developer's solicitor. Prior to executing this Agreement, all known
easements shall be filed with the Township in a form approved by the Township's
solicitor.
A list of easements and rights-of-way shall be set out in Schedule "G" of this
Agreement.
1.9 HYDRO AND TELEPHONE
Prior to the Township releasing this proposed Plan for registration, the Developer
shall provide the Township with a letter from the electricity supplier and from the
telephone supplier, stating that the Developer has entered into a satisfactory
agreement(s) with them with respect to the costs of installing underground wiring
and financial contributions in this regard.
The cost of any relocations or revisions to existing private companies' plant and
equipment, which are necessary to accommodate this subdivision, shall be borne
by the Developer.
e 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 accommodated in temporary 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.
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The Developer and each individual lot owner, acknowledges that the waste
treatment facility and sewers privately owned and operated and not under the
control of the Township.
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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, 1.12,5.5,5.7.2,6.2,6.3,6.4,7.3,7.9,7.16,8.1,8.1.1, 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 against all claims, demands, causes of actions, of every
nature and type whatsoever that may arise either as a result of the failure of the
Township to carry out any of its obligations under this Agreement, or, as a result
of the Township performing any municipal work on the said lands or the adjacent
properties which may damage or interfere with the works of the Developer,
provided that such default, failure or neglect was not caused as a result of
negligence on the part of the Township, its servants or agents.
1.15 ENUREMENT
This Agreement shall enure to the benefit of and be binding upon the parties and
their heirs, executors, administrators, successors and assigns.
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PART - 2
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 Plan prepared by URS Cole
Sherman dated September 2001. Sanitary sewer extension prepared by
AWS Engineers & Planners Corp.
URS Cole Sherman
Drawing No.
Description
01075-G1
01075-G2
01075-G2A
01075-G3
01075-G4
01075-L 1
01075-L2
01075-P1
01075-P2
01075-P3
01075-P4
01075-P5
01075-P6
01075-P7
01075-P8
01075-D1
01075-D2
01075-D3
01075-D4
01075-05
General plan
Sanitary Drainage plan
Phase 1 Sanitary drainage plan
Erosion and sediment control plan
Storm drainage plan
Lot grading plan
Lot grading plan
Landscapes Drive
Oakmont Drive
Tanglewood Crescent
Tanglewood Crescent
Tanglewood Crescent
Sanitary outlet
Storm outfall
Emergency access road
Standard details
Standard details
Standard details
Standard details
Standard details
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AWS Drawing No.
Description
G01 Plan
G02
G03
G04 Profile
G05 Profile
G06 Profile
STAT 0+000.000-0+344.000
STAT 0+344.000-0+639.000
STAT 0+639.000-0+809.000
STAT 0+000.000-0+344.000
STAT 0+334.000-0+639.000
STAT 0+639.000-0+809.000
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
2.4.3.5
Ministry of the Environment
Hydro Service Company
Township of Oro-Medonte
Nottawasaga Valley Conservation Authority
Ministry of Citizenship, Culture and Recreation
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.
2.5
RELIANCE UPON REPRESENTATIONS
The Developer acknowledges that:
2.5.1 It has made representation to the Township that it will complete all
Municipal and other works required herein, in accordance with the Plans
filed and accepted by the Township and others, and;
2.5.2 The Township has entered into this Agreement in reliance upon those
representations.
2.6 SCHEDULES ATTACHED
e The following Schedules are attached to and form part of this Agreement:
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Schedule "A" -
Schedule "B" -
Schedule "C" -
Schedule "D" -
Description of Lands Being Subdivided
Plan of Subdivision
Works to be Constructed
Itemized Estimate of Cost of Construction of Each,
Part of the Works
List of Lots Unsuitable for Building Purposes and/or
Requiring Special Attention
Development Charges
Deeds and Easements to be Conveyed
Declaration of Progress and Completion
General Location and Lot Grading Plans,
Standard Township Letter of Credit
Schedule "E" -
Schedule "F" -
Schedule "G" -
Schedule "H" -
Schedule "I"
Schedule "J" -
2.7
SUBDIVISION CHANGES
There shall be no changes in the Schedules attached hereto, or in any Plan
accepted by the Township or others, unless such proposed changes have been
submitted to, and approved by, the Township and the Township Engineer.
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PART - 3
REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT
3.1 Prior to the execution of this Subdivision Agreement by the Township, the
Developer shall:
3.1.1 Taxes - have paid all Township tax bills issued and outstanding against
the said lands.
3.1.2 Deeds and Easements - have delivered to the Township all
transfers/deeds, discharges and easements or other documents required
by Schedule "G", as well as Certification from the Developer's solicitor that
the Transfer/Deeds and Easements shall provide the Township with good
title, free and clear from all encumbrances.
3.1.3 Postponement Mortgage/Charge - file with the Township solicitor, for his
approval, a postponement of Mortgage/Charge document.
3.1.4 Cash Deposits, Development Charges & Security - have paid to the
Township all cash deposits, development charges and security required by
Schedules "D" & "F".
3.1.5 Construction/Engineering Plans & Specifications - have supplied to the
Township, those Plans and Specifications necessary to identify the
construction/engineering aspects of the proposed development, and have
received from the Township an acknowledgment of conformity with
general design concepts of the Township.
3.1.6 Electricity - have supplied to the Township for approval, those plans
necessary to identify the electrical distribution system, lighting
requirements, and power supply to each lot or building or unit, as the case
may be, and these are to be to the required Township standards which
includes underground wiring.
3.1.7 Insurance Certificate - file with the Township Clerk, an insurance certificate
confirming those coverages specifically set out hereafter.
3.1.8 Consulting Engineer's Letter - ensure that each Consulting Engineer (who
must be experienced in the field of Municipal services) for the Developer,
file with the Township, a letter confirming the terms of his retainer, and
which letter shall be in draft format supplied by the Township.
3.1.9 Utilities and Canada Post Confirmation - arrange for the Electrical
Distribution Utility, Bell Telephone, the Natural Gas Utility, Cable T.V. and
Canada Post, to write a letter to the Township Clerk confirming that:
3.1.9.1 They have been informed of the project and have seen the
development plans.
3.1.9.2 Satisfactory arrangements have been made with them for
servicing the subdivision without expense or obligation on the part
of the Township.
3.1.9.3 Easement requirements, if any.
3.1.10 Land Ownership- be the registered owner in fee simple of the lands
described in Schedule "A", and that there will be no encumbrances
registered against the said lands.
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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 County of Simcoe
3.1.11.6 Ministry of Citizenship, Culture and Recreation
3.1.11.7 Simcoe County District School Board
3.1.11.8 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.
3.1.16 Responsibility Agreement - have entered into an agreement with the
Township and American Water Services Canada Corp in regards to
the ownership, financing, construction, operation, maintenance and
repair of certain sewer and waste treatment facilities.
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PART - 4
PRE-CONSTRUCTION REQUIREMENTS
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4.1 Prior to starting construction of the subdivision works, the Developer shall:
4.1.1 Plan Registration
Obtain final approval of the Plan from the Township of Oro-Medonte and
obtain registration of the Plan.
4.1.2 Approval of Plans
The Developer and the Engineers employed by him shall have the plans
and specifications for the works approved by the Township Engineer prior
to construction and the originals must be stamped as accepted by the
Township Engineer.
Submit and obtain the Township Engineer's approval of the following, all to
be in accordance with the Township's approved Engineering Standards:
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the drainage plan;
the lot grading plan;
the service layout plan for Hydro, Telephone and Gas;
the road, watermain 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, detention facilities, waterworks and
sanitary sewers.
4.1.4 Contractor
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The said services shall be installed by a contractor or contractors retained
by the Developer and approved, in writing, by the Township Engineer.
The Township and Township Engineer are to be provided with the names
and phone numbers of personnel responsible for the works, including
emergency phone numbers.
4.1.5 Scheduling of Works
Prior to the start of construction, the Developer shall supply for the
Township Engineers, approval of a Schedule of Works, setting out the
order in which he considers the various sections of the works within the
Plan will be built. The Township Engineer may amend this Schedule and
the Developer shall construct, install or perform the works as the Township
Engineer, from time to time, may direct. In any event the Schedule, or
amended Schedule, as the case may be, shall conform to the
requirements of Clause 4.1.8.
4.1.6 Erosion and Siltation Control
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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
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being taken, the Developer shall be responsible for correcting any damage
and paying all maintenance costs resulting therefrom.
A Storm Drainage and Siltation Control Plan shall be prepared by the
Developer's Engineer for 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 fo.r
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.
4.1.7 Signs
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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 Maintenance and
Final Acceptance (Aboveground Services).
4.1.8 Notification of Commencement and Completion
The Developer shall not commence the construction of any of the works
until the Developer has provided forty-eight (48) hours written notice to the
Township Engineer, of his intent to commence work.
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The Developer shall complete the works expeditiously and continuously
for the first phase and all underground services shall be installed within
one year of the day of registration of this Agreement, and all aboveground
services shall be installed in accordance with the Declaration of Progress
and Completion, as required under Clause 7.11 of this Agreement, but no
longer than two years from the date of registration of this Agreement,
unless extended by the Township Engineer. Subsequent 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 cessation 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;
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a) Give notice to the Developer to stop work on the said municipal
services and to provide that no further work shall be done with respect
to such services, until an amending Agreement, incorporating the
standards, specifications and financial requirements of the Township,
in effect as of that date, is executed by all parties; or
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b) Give notice to the Developer to stop work on the municipal services
and inform the Developer that the Township proposes to realize on its
security and proceed with the completion of construction in accordance
with the provisions of the Plans filed with the Township.
4.2 BREACH OF AGREEMENT
If the Developer commences or causes construction of the works prior to
satisfying the requirement of this Agreement, it shall be subject to the penalties
identified in Part 10.
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PART - 5
FINANCIAL REQUIREMENTS
e 5.1 DEVELOPER'S EXPENSE
Every provision of this Agreement, by which the Developer is obligated in any
way, shall be deemed to include the words "at the expense of the Developer"
unless specifically stated otherwise.
5.2
TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS
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The Developer agrees to pay to the Township, the cost of the Township's lawyer
and Planner for all costs involved in processing the subdivision and of the
Township's Engineer for checking of plans and specifications and inspection on
behalf of the Township. The inspection by the Township will depend on the type
of construction and the amount provided will be deemed necessary by the
Township. In this regard, the Developer agrees to pay to the Township, the sum
of Ten Thousand Dollars ( $10,000 ) 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 ), or less, and the
Developer does not pay the accounts within thirty (30) days, it is hereby
understood and agreed that the Developer would be in default of this Agreement
and the Township may, without notice, invoke default provisions as set out in this
Agreement.
5.3
DEVELOPER'S LIABILITIES
Until the Township has issued the Certificate of Maintenance and Final
Acceptance for the works, the Developer shall indemnify the Township against all
actions, causes of action, suits, claims and demands whatsoever which may
arise either directly or indirectly by reason of the Developer undertaking the Plan,
and the Township shall not be deemed to be the Developer.
5.4
UTILITY COSTS AND CHARGES
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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 Services) is issued.
If an additional electrical service is required for Township purposes, the
Developer shall include the cost of installation and maintenance of the service.
5.5 DEVELOPMENT CHARGES, REAL PROPERTY TAXES AND OTHER LEVIES
AND IMPOSTS
a) Development charges and education development charges shall be
payable on a per-lot basis prior to the issuance of the first Building Permit
with respect to the particular lot.
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 taxes levied on the said lands, on
the basis and in accordance with assessment and collector's roll entries
until such time as the lands herein being subdivided have been assessed
and entered on the Collector's Roll according to the Registered Plan.
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c) Before the Plan is approved, the Developer agrees to commute and pay
the Township's share of any charges made under the Drainage Act and
the 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 applicable
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:
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a) Cash in the amount of one-hundred percent (100%) of the estimated cost
of the said work as approved by the Township Engineer and Township
Council, or:
b)
An irrevocable Letter of Credit from a Chartered Bank, issued in
accordance with the requirements of Schedule "J" with an automatic
renewal clause, in the amount of one hundred percent (100%) of the
estimated costs of the said works, as set out in Schedule "D" and as
approved by the Township Engineer. The Letter of Credit shall be for a
minimum guaranteed period of one (1) year, or such time as the Township
decides, and shall be renewed automatically, as necessary, three (3)
months prior to expiration. Unless the Letter of Credit is renewed as noted
above, the Township shall have the absolute right to refuse to issue
Building Permits and to prohibit occupancy of homes, whether partially or
fully completed, from the said date, three (3) months prior to the expiration
of the Letter of Credit, or the Township may cash the Letter of Credit until
a satisfactory Letter(s) of Credit is received by the Township.
c)
Notwithstanding the provisions of subparagraphs (a) and (b) above, the
estimated cost of the works, as set out in Schedule "D", will be reviewed
and updated by the Township Engineer on each anniversary of the date of
execution of this Agreement. In the event of an increase, the Developer
shall provide additional security, as required by the Township Engineer,
within thirty (30) days of notice, by registered mail, from the Township
Engineer.
In the event that the Developer fails to deliver to the Township the
additional security as required by the Township Engineer, it is hereby
understood and agreed that the Developer be deemed to be in default of
this Agreement and the Township may, without notice, invoke default
provisions as set out in this Agreement.
The Township reserves the right to accept or reject any of these
alternative methods of providing securities. Prior to depositing the
securities, the Developer's Engineer shall submit an estimate of the cost of
the works to the Township Engineer for approval. When the cost estimate
has been approved, it will be set out in Schedule "D" of this Agreement
and will become the basis for the limits of the securities.
In the event that the tendered contract price for the Township services set
out in Schedule "D" is greater by 1 0% than the estimates in the said
Schedules, then the security provided for above shall be increased to an
amount equal to the tendered contract price.
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d) Application - any Letter of Credit or security filed with the Township is based
upon the estimated cost of completing the various matters prescribed by this
Agreement. However, all Letters of Credit and security received by the
Township may be used as security for any item or any other matter, which
. under the terms of this Agreement, is the responsibility of the Developer,
including, without limiting the generality of the foregoing, payment of
engineering, legal, planning, and development charges, or other costs
incurred by the Township, which are the responsibility of the Developer
under the terms of this Subdivision Agreement, as well as development
charges and costs to acquire lands or interest therein.
e) Default - if, in the event of default of the Developer under any of the
provisions of this Agreement, it becomes necessary for the Township to
realize on its security or deposits, then the Township (its servants, agents or
sub-contractors) shall, if the Township so elects, have the right and privilege
at all times to enter upon the said lands for the purpose of repairing or
completing any work or services required to be completed by the Developer
under this Agreement.
f) Exceeding Cost Estimates - if the costs of completing such work or service
exceeds the amount of security held by the Township, such excess shall be
e paid by the Developer to the Township, thirty (30) days after invoicing by the
Township. All overdue accounts shall bear interest at the rate of 12% per
annum.
g) Save Harmless - the Developer, on behalf of itself, its successors and
assigns, agrees to indemnify and save harmless the Township from and
against any and all claims, suits, actions and demands whatsoever which
may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to
complete the work or services required to be completed under this
Agreement, provided the subject matter of such action, suits, claims or
demands was not caused intentionally or through gross negligence on the
part of the Township, its servants or agents or sub-contractors.
h) The Construction Lien Act - if the Township becomes obligated to make any
payments, or pay any costs under the provisions of Section 17(4) of the
Construction Lien Act, this will constitute a default and entitle the Township
to realize upon its security.
- i) Surplus Funds - in the event that the Township cashes a Letter of Credit to
complete Township services or satisfy any obligations under this
Agreement, any surplus monies that remain after this work is completed
shall, upon full compliance by the Developer with the terms of this
Agreement, be returned to the issuing financial institution for transmission to
that party that took out the original Letter of Credit.
5.7 DISCHARGE OF SECURITIES
5.7.1 Estimated Cost of Works - after the completion of fifty percent (50%) of the
services based on the total estimated cost of works in the subdivision or in
an approved stage of the subdivision, and provided the Developer is in
compliance with all aspects of the Subdivision Agreement, the Developer
shall, as the work further proceeds to completion, have the privilege, on
application to the Township and upon certification of the Township
Engineer, of obtaining reductions of the cash or Letter of Credit deposited
. for the installation of the services, in increments of not less than ten percent
(10%). Upon application for reduction of the securities, the Developer's
Engineer shall provide an estimate of the cost to complete the work. This
amount, when approved by the Township Engineer, shall be retained along
with twenty percent (20%) of the completed work estimate and the
remainder released. A further ten percent (10%) of the completed work
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5.9
estimate will be feleased upon satisfactory aSSUfance to the Township that
there afe no liens pursuant to the Construction Lien Act affecting lands
conveyed or to be conveyed to the Township within the Plan of Subdivision,
pursuant to the terms of this Subdivision Agreement.
5.7.2 Final Occupancy and Lot Grading Deposit - the Developer shall deposit with
the Township, the required Final Occupancy and Lot Grading Deposit at a
rate applicable at the time of the issuance of Building Permits. Upon
certification of final grade elevations indicating that the property has been
developed in conformity with the General Location and Lot Grading Plan by
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 Developer agrees that upon applying for a Discharge of Securities or for a
Certificate of Substantial Completion and Acceptance, or for a Certificate of
Maintenance and Final Acceptance for the services within the subdivision, or
upon applying for prior acceptance of the underground services, he shall supply
the Township with a Statutory Declaration that all accounts for work and
materials for said services have been paid and that the Construction Lien Act has
been complied with and that no liens thereunder have or can be registered,
except normal guarantee hold backs, and that there are or will be no claims for
liens or otherwise in connection with such work done or materials supplied for or
on behalf of the Developer in connection with the subdivision.
PLEDGE OF TITLE TO LANDS
The Developer hefeby 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 intefest in the said lands, and consents to the
registration of this Subdivision Agreement against title to the said lands.
5.10 INSURANCE CERTIFICATE AND POLICY
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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 fOf the joint
benefit of the Developer, their agents and the Township and theif agents,
against any liability that may arise out of the construction Of installation of
any work to be performed pursuant to this Agreement and for a period of
one (1 ) year after completion and acceptance of the Township services
to be constructed herein.
5.10.2 Compfehensive 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) product/completed operation coverage;
c) shall not have an exclusion pertaining to blasting, provided that any
blasting required to be done shall be done by an independent
contractor duly qualified to do such work;
d) shall include the following names as insureds:
(i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
5.10.3 Notice of Cancellation - a provision that the insurance company agrees
to notify the Township within fifteen (15) days in advance of any
cancellation or expiry of the said insurance policy.
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5.10.4 Certificate of Coverage - any certificate of coverage filed with the
Township Clerk shall specifically contain their confirmation that coverage
includes (a), (b), (c) and (d) above and are in effect.
5.10.5 Confirmation of Premium Payment - the Developer shall, from time to
time as required by the Township, provide confirmation that all premiums
on such policy or policies insurance have been paid, and that the
insurance is in full force and effect. The Developer shall see that a copy
of the policy is filed with the Township.
5.10.6 Claim in Excess of Policy Limits - the issuance of such policy of
insurance shall not be construed as relieving the Developer from
responsibility for other or larger claims, if any, and for which it may be
held responsible.
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PART - 6
STAGING OR PHASING
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6.1 STAGING OR PHASING
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The Township, in its sole discretion, may instruct the Developer to construct the
services in particular stages or phases suitable to the Township, and the
Developer must comply on terms to be agreed to by the Township. If the
Township does not so instruct, the Developer, before commencement of any
work, may request the Township's permission to divide the area of the
subdivision into convenient stages. If the work is thus staged, as approved by
the Township, then in lieu of furnishing cash payment or Letter of Credit, all as
set out in Clause 5.6 for one hundred percent (100%) of the estimated costs, as
approved by the Township Engineer, the Developer shall deposit security for part
of the services the Township has approved. Before proceeding with an additional
stage, the Developer shall obtain the written approval of the Township and no
service will be permitted to be installed and no Building Permits issued until this
approval has been received and additional securities deposited. When fifty
(50%) of the lots of the subdivision or stages of the subdivision have been built
upon and all the services have not been completed and approved by the
Township Engineer, the Township reserves the right to refuse commencement of
the next stage until all services have been installed and approved.
In no event will further subdivisions of the Developer or stages of subdivisions of
the Developer be approved if all services of the active stage approved by the
Township Engineer have not been 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 Jots on the subdivision or stage of the subdivision
have completed dwellings erected therein and Occupancy Permits have been
issued. The Developer shall be responsible for the maintenance of the services
in this case until the Township has assumed the responsibility of the services.
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Phase 1 consists of sixty-six (66) Lots
Landscapes Drive Lots 1 - 15
Tanglewood Crescent Lots 16 - 37
Tanglewood Crescent Lots 38 - 47
Oakmont Avenue Lots 48 - 66
6.2
The developer agrees not to apply, directly or indirectly through an agent,
assignee or otherwise, for a Building Permit to the Township or its Chief Building
Official for any more than 55 Building Permits with respect to the Plan of
Subdivision until such time as the Township is satisfied that the provisions of
paragraph 4 of an agreement dated the 17th day of January, 2002, entered into
between Horseshoe Resort Corporation and the Corporation of the County of
Simcoe (the "Parent Agreement") has been fully complied with.
6.3
The developer acknowledges and understands that the Township and its Chief
Building Official may refuse to accept any Building Permit Application that does
not comply with the provisions set out above.
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6.4 The parties acknowledge and agree that the provisions of paragraph 4 of the
"Parent Agreement" relate to necessary transportation improvements. The failure
to provide the same will render any lot in excess of 55 on the Plan of Subdivision
undevelopable, and constitutes failure to conform with "other applicable law" as
that term is defined and interpreted in the Building Code Act, 1992 and
regulations enacted thereunder.
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6.5.1 The developer agrees to notify any purchasers, builders and assignees of the
agreement and the terms set out in this part.
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PART - 7
CONSTRUCTION REQUIREMENTS
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7.1 WORKS TO BE INSTALLED
The works to be installed are set out in Schedule "C" to this Agreement. This
Schedule is to set out the works in general terms only and shall not be construed
as covering all items in detail.
The works are to be designed and constructed in accordance with the current
Engineering Standards adopted by By-Law by the Township at the time of
signing of the Subdivision Agreement. A copy of these standards is available at
the Municipal Office.
If at any time, and from time to time during the development of the subdivision,
the Township Engineer is of the opinion that additional works are necessary to
provide adequately any of the public services required by the Plan, the Developer
shall construct, install or perform such additional works at the request of the
Township Engineer.
e 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
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7.3.1 The Developer must preserve all healthy trees within the limits of the
subdivision, where possible. If, in the opinion of the Township Engineer,
indiscriminate removal of trees takes place within the limits of the Plan of
Subdivision, including road allowances, parkland, and individual lots, the
Township shall have the option of having a Stop Work Order on
construction of the services and/or building on a particular lot where the
removal is taking place. Work will not be allowed to proceed until the
Township is satisfied that the practice will not continue and the
Developer/Builder agrees to carry out remedial work requested by the
Township. The Developer agrees to provide a copy of this clause to each
and every prospective builder/prospective purchaser.
7.3.2 The Developer shall plant one (1) 2.4 metre, or taller, hardwood tree 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 tree must be
satisfactory to the Township.
7.4 MOVEMENT OF FILL
The Developer covenants and agrees that he shall not dump, nor permit to be
dumped, any fill or debris on, nor shall he remove or permit to be removed, any
fill, topsoil, trees or shrubs from any public or Municipal lands, without the written
consent of the Township Engineer.
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7.8
7.9
7.5
BLASTING
Before any blasting is proceeded with by the Developer, the Developer shall
obtain from the Township Engineer or Township Public Works Official, written
permission for carrying out the blasting operation, and shall obtain the blasting
permit and show proof of insurance for all damage or claims for damage resulting
from the blasting operation. The Developer, in any event, shall be responsible for
any such claims.
7.6
ACCESS ROADS
All access roads must be maintained by the Developer in good repair acceptable
to the Township Engineer and Township Public Works Official during the time of
construction, including dust control and the removal of any mud or debris tracked
from the subdivision, and no roadway outside the limits of the proposed
subdivision may be closed without the written consent of the Township Public
Works Official. For the purpose of getting such consent, the Developer shall
advise the Township Public Works Official and the Township Clerk of the date
and time they wish to close a roadway. The Township reserves the right to limit
or prohibit the use of any existing access road by the Developer.
7.7 DAMAGE TO EXISTING PLANT
The Developer shall repair any damages caused to an existing road, road
allowance or existing structure or plant located on the road allowance as a result
of the subdivision development and shall pay for any costs involved in the
relocation of existing services, such as hydrants, telephone poles, etc., which
may become necessary because of the development of the subdivision. In this
regard, the Developer's Engineer shall arrange for an inspection with the
Township Public Works Official and Township Engineer for the purpose of
compiling an inventory of existing conditions prior to work on the subdivision.
Otherwise, the Township Public Works Official's assessment of conditions prior to
construction will be final.
DUST CONTROL
Until the Certificate of Substantial Completion and Acceptance (Aboveground
Works) has been issued, the Developer shall apply calcium to the roads within
the subdivision and/or utilized by construction traffic, in quantities sufficient to
prevent any dust problem to traffic or home occupants, to the satisfaction of the
Township Engineers.
If the Developer has not taken remedial action within twenty-four (24) hours of
receiving a written notification (via facsimile) from the Township's Engineer
regarding a dust control problem, then the Township's Engineer, at their sole
discretion, shall employ outside forces to implement, at the Developer's expense,
a suitable measure of dust control.
CONSTRUCTION REFUSE
All construction refuse, garbage and debris from the subdivision must be
disposed of in an orderly and sanitary fashion by the Developer, off the site of the
subdivision, at a licensed landfill site. The Township is not responsible for the
removal or disposal of refuse, garbage and debris. Open air burning is not
permitted by the Township. The Developer agrees to deliver a copy of this
clause to each and every builder obtaining a Building Permit for any lot or part of
a lot on the said Plan of Subdivision.
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7.10 INSPECTION OF CONSTRUCTION OF SERVICES
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During construction of the services, the Township may inspect the work in hand
at such times and with such duration and frequency as the nature of the type of
construction may dictate. Subject to the obligations of the Township Engineer to
protect the interests of the Township through such inspections, every effort will
be made to keep duplication of engineering services on site to a minimum. If,
during such inspections, the Township Engineer perceives that construction,
whether by method or otherwise, constitutes an immediate danger to life or
property, or construction does not conform to acceptable practice in order to
meet the requirements for services, he will have the authority to cease
construction operations by verbal notice to the contractor and/or the Developer's
Engineer, such notice to be confirmed, in writing, as soon as possible, thereafter.
A copy of this clause shall be delivered by the Developer to each and every
contractor engaged in construction of services for the subdivision.
7.11 DECLARATION OF PROGRESS AND COMPLETION
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7.11.1 Prior to the approval of the underground services, the Developer shall
provide the Township Engineer with an undertaking for the completion
dates of all remaining works required by this Agreement and in a form
similar to that attached to this Agreement as Schedule "H", 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 that should the Developer fail to construct
the remaining services, as stipulated, and by such dates as provided in
the Declaration, the Developer shall pay to the Township, as pre-
determined liquidated damages, the sum of Fifty Dollars ($50.00) for
each and every day the said services are behind schedule of
construction, and NO FURTHER BUILDING PERMITS SHALL BE
ISSUED.
7.12 PROGRESS OF WORKS
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After the completion of the underground services, the Developer shall complete
the Declaration of Progress and Completion for the approval of the Township
Engineer and from that date, the said Declaration shall apply and take
precedence over Clause 4.1.5. Prior to signing the Declaration of Progress and
Completion, the Developer shall install all works in accordance with the Schedule
of Works or as directed by the Township Engineer. If he fails to adhere to the
scheduling provisions outlined in the Schedule of Works or the Declaration, or
having commenced to install the aforesaid works, fails or neglects to proceed
with reasonable speed, or in the event that the aforesaid works are not being
installed in the manner required by the Township Engineer, then upon the
Township Engineer giving seven (7) days written notice by prepaid registered
mail to the Developer, the Township Engineer may, without further notice, enter
upon the said land and proceed to supply all materials and to do all necessary
works in connection with the installation of the said works; including the repair or
reconstruction of faulty work and the replacement of materials not in accordance
with the specifications, and to charge the costs thereof, together with an
engineering fee of ten percent (10%) of the cost of such materials and works to
the Developer who shall forthwith pay the same upon demand. If the Developer
fails to pay the Township within thirty (30) days of the date on the bill, the money
owing may be deducted from the cash deposit or Letters of Credit. It is
understood and agreed between the parties hereto that such entry upon the land
shall be as agent for the Developer, and shall not be deemed for any purpose
whatsoever, as an acceptance or assumption of the said works by the Township.
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The Township, in addition to all other remedies it may have, may refuse to issue
Building Permits until such works are completely installed in accordance with the
requirements of the Township Engineer. It is agreed that a copy of this clause be
delivered by the Developer to each and every builder obtaining a Building Permit
for any lot or part of a lot on the said Plan.
7.13 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES
It is intended that the electricity and street lighting, sanitary and storm sewer
systems, detention pond and waterworks will be constructed, inspected and
approved prior to the completion of the other works, including roads and
boulevards.
Building Permits will not be issued until the Township Engineer has given the
Certificate of Substantial Completion and Acceptance (Municipal Underground
Services). The two (2) year maintenance period for the underground services will
commence when this Certificate is issued.
During the maintenance period, the Developer shall be responsible for the normal
operation and maintenance, and all repairs for the services noted in the
Certificate.
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If, during the two (2) year maintenance period, the Developer fails to carry out
rectification and repair work as requested by the Township, then the Township
may carry out the work and be reimbursed the cost of the work from the
Developer's securities, as set out under Clause 9.3.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the normal operation, maintenance, and
all repairs of the services, in this case, until the Township has assumed the
responsibility of the services.
7.14 EMERGENCY REPAIRS
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Employees or agents of the Township may enter onto the lands at any time, or
from time to time for the purpose of making emergency repairs to any of the
works. Such entry and repairing shall not be deemed an acceptance of the
works by the Township or any assumption by the Township of any liability in
connection therewith, or a release of the Developer from any of his obligations
under this Agreement.
7.15 USE OF WORKS BY TOWNSHIP
The Developer agrees that:
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 not in any way relieve the Developer of his obligations in
respect of the construction and maintenance of the works so used.
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7.16 DRAINAGE AND LOT GRADING
All lots and blocks within the Plan and all lands abutting the Plan shall be graded
to drain in accordance with the overall Grading Plan 01075-L 1 and L2
prepared by the Developer's Engineer, and approved by the Township Engineer
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and the Township of Oro-Medonte. Some fill and regrading of lots may be
necessary during or after building construction. The Grading Plan shall show all
existing and final grades on lot corners, as well as mid-lot elevations, where
deemed necessary by the Township Engineer.
It is understood and agreed by the parties hereto that drainage of surface water
on the lots and blocks on the Plan is the sole responsibility of the respective lot
owners once the required drainage works have been constructed by the
Developer.
The storm swales shall be landscaped and maintained by all subsequent lot
owners. The purpose of the storm swales is to accommodate storm drainage
waters from the subject lot and adjacent lands. No lot owner in the subdivision
shall encumber or impede storm drainage in any manner whatsoever. In the
event that the Developer, or any subsequent lot owner, obstructs, impedes, or
interferes with the storm drainage flow through any part of the storm swale, or
interferes with the acceptance of water from any connecting swales, then the
Township shall have the right, if it so elects, to enter upon the subject lands to
rectify such problems so that the swales can serve their original purpose.
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Within the swale area, the Developer, and any subsequent lot owner, shall not
construct any works, remove, or permit to be removed, any soil from the said
swale/easement, excavate, drill, install, erect, or permit to be excavated, drilled,
installed or erected in, over, upon, under or through the said swale/easement,
any fence, well, foundation, pavement, building or other structure or other
installation.
The lot owner of any lot in the subdivision upon which the Township elects to
enter for the purpose of rectifying the said work, hereby agrees to indemnify and
release the Township from and against all claims, demands, actions or causes of
action whatsoever arising as a result of the Township or of its servants or agents
entering upon the lands for the purpose of correcting drainage problems. The
cost of such work will be for the account of the lot owner. Any invoices not paid
within thirty (30) days after the due date, shall be added to the tax roll and
collected in a like manner as realty taxes, as per Section 326 of the Municipal
Act.
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The Developer agrees to deliver a copy of this clause to each and every
prospective purchaser and/or builder obtaining a Building Permit for any lot or
part of a lot on the said Plan of Subdivision.
Generally, the drainage facilities will consist of open ditches within the
subdivision or storm sewers in certain locations to provide a satisfactory drainage
outlet, and will be in accordance with the Drainage Plan 01075-L 1 & L2 prepared
by the Developer's Engineer, and approved by the Township Engineer and the
Township of Oro-Medonte.
7.17 DEFINITIONS
For the purposes of this Subdivision Agreement:
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(i)
The term "Underground Services" shall mean the storm drainage works
(including culverts, storm sewer and detention pond), waterworks, sanitary
sewers, underground electrical distribution system, and street lighting
serving the Plan of Subdivision, as more particularly described in Schedule
"C" to this Subdivision Agreement.
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(ii)
The term "Certificate of Substantial Completion and Acceptance (Municipal
Underground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Municipal Underground Services to be installed by the Developer under the
provisions of this Subdivision Agreement, as more particularly identified in
Schedule "C", have been substantially completed in accordance with plans
and specifications reviewed and accepted by the Township Engineer. The
issuance of a Certificate of Substantial Completion and Acceptance
(Municipal Underground Services) shall not constitute an assumption of the
Municipal Underground Services by the Township.
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(Hi) The term "Certificate of Maintenance and Final Acceptance (Municipal
Underground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Municipal Underground Services constructed by the Developer, in
accordance with the terms of this Subdivision Agreement, and as more
particularly identified in Schedule "C", have been satisfactorily completed
and maintained by the Developer during the two-year (2) maintenance
period, and issuance of the said Certificate shall constitute final acceptance
and assumption of the Municipal Underground Services by the Township.
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(iv) The term "Aboveground Services" shall mean all Municipal services to be
constructed by the Developer pursuant to the terms of this Subdivision
Agreement, as more particularly identified in Schedule "C", excluding
Underground Services.
(v) The term "Certificate of Substantial Completion and Acceptance
(Aboveground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Aboveground Services to be installed by the Developer under the provisions
of this Subdivision Agreement, as more particularly identified in Schedule
"C", have been substantially completed, in accordance with plans and
specifications reviewed and accepted by the Township Engineer. The
issuance of a Certificate of Substantial Completion and Acceptance
(Aboveground Services) shall constitute an assumption of the Aboveground
Services by the Township for winter maintenance only.
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(vi) The term "Certificate of Maintenance and Final Acceptance (Aboveground
Services)" shall mean a Certificate issued by the Township upon the
recommendation of the Township Engineer confirming that the
Aboveground Services constructed by the Developer in accordance with the
terms of this Subdivision Agreement, and as more particularly identified in
Schedule "C", have been satisfactorily completed and maintained by the
Developer during the two-year (2) maintenance period, and issuance of the
said Certificate shall constitute final acceptance and assumption of the
Aboveground Services by the Township.
(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
Acceptance (Aboveground Services), as the provisions of this Subdivision
Agreement require.
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(viii) The term "Certificate of Maintenance and Final Acceptance" means a
Certificate of Maintenance and Final Acceptance (Municipal Underground
Services) or a Certificate of Maintenance and Final Acceptance
(Aboveground Services), as the provisions of this Subdivision Agreement
require.
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PART - 8
BUILDING PERMITS AND OCCUPANCY
. 8.1 TOWNSHIP OF ORO-MEDONTE
The Developer further agrees that he or any person, persons, or Corporation
claiming title through the Developer, will not apply for a Building Permit for any
part or portion of the said lands or on any lot therein, and no Building Permit shall
be issued until a Certificate of Substantial Completion and Acceptance
(underground service) has been issued.
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)
b)
. c)
d)
envelopes for the proposed house and any adjacent structures on each lot..
existing and proposed grades of the disturbed area of lot after building,
drainage and sewage works have been completed.
existing and proposed grades on lot corners and mid-lot elevation.
location and type of proposed water and sanitary sewer connection
8.1.1 The Developer agrees to advise all prospective lot Developers that a detailed
Site Development Plan for each lot may be required to be prepared by a
Professional Engineer registered with the Association of Professional Engineers
of Ontario, for approval by the Township Engineer, for each respective lot. Site
Development Plans, which conform to the overall Lot Development Plan at an
approved metric scale using metric dimensions and elevations, shall include the
following:
a) the location, dimensions and elevations of the proposed dwelling and any
structures to be located on the lot, as well as any adjacent structures on the
adjacent lot(s). A set of house plans, including wall sections, shall be
submitted with the Site Development Plan.
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b) the location, size and elevation of the sanitary service to the dwelling.
c) the location and type of 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.
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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 01075-L 1
& L2 , Storm Drainage Area Plan 01075-G4 and Erosion Control Plan 01075-G3,
all prepared by URS Cole Sherman to the satisfaction of the Township of
Oro-Medonte and the Township Engineer.
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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.
(ii) The Storm Water Management System, Sanitary Sewer System and
Waterworks have been installed, tested and approved by the Township
Engineer and he has issued his Certificate of Substantial Completion and
Acceptance (Municipal Underground Services).
(iii) Plans for remaining underground services such as Bell Telephone,
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 "B" sub-base, has been constructed on
the road providing access to the lot.
(v) Approval of the Township Engineer has been obtained for the construction
of any buildings to be erected on lots or blocks listed in Schedule "E"
hereto.
(vi) Signs denoting "Unassumed Roads" have been installed at the entrances
to the subdivision in a location acceptable to the Township, in accordance
with Clause 4.1.7.
(vii) A Certificate Letter and Lot Development Plan has been given by the
Developer's Consulting Engineer or a Professional Engineer registered
with the Association of Professional Engineers of Ontario, that the building
to be erected on any lot or block within the Plan, for which a Building
Permit has been applied for, is in conformity with the General Location and
Lot Grading Plans, or has received the approval of the Township Engineer
with respect to any variance to the Grading Plan.
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 the limit of the Plan have been removed.
(ix) Arrangements have been made and approved by the Township for
Municipal Address System numbering, as set out in Clause 8.4.
(x) The Traffic and Street Name signs have been installed and approved by
the Township Engineer.
(xi) Any development charges have been paid, in full, in accordance with the
applicable development charge By-Laws, enacted pursuant to the
Development Charges Act, 1997, as well as By-Laws enacted pursuant to
Section 257.53 of the Education Act, or alternate arrangement satisfactory
to the body enacting the development charge By-Law, have been made
and the same has been communicated to the Chief Building Official for the
Township of Oro-Medonte, in writing, by such a body.
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8.4
8.3
LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL
ATTENTION
All lots within the Plan will require special attention in order to be serviced and/or
built upon as outlined in Schedule 'E' of this Agreement. Prior to the issuance of
a Building Permit for a specific lot, a Professional Engineer must submit an
engineered footing and foundation wall design for those lots where the house
footings will not be in stable native soils and/or engineered fill.
MUNICIPAL ADDRESS SYSTEM
The Developer shall be responsible for obtaining the municipal address system
numbers for each and every lot from the Municipal Office. As a further
requirement, in order to obtain a Provisional Certificate of Occupancy, the
Developer and/or builder or lot owner, shall install the aforementioned number at
a location approved by the Township. The Developer agrees to provide a copy of
this clause to each and every builder or lot owner in advance of the sale of such
lot( s).
8.5 REQUIREMENTS FOR OCCUPANCY
8.5.1 No buildings erected on the lots or blocks within the Plan shall be
occupied until a PROVISIONAL CERTIFICATE OF OCCUPANCY has
been issued by the Township in accordance with the Township Building
and Plumbing By-Law.
PROVISIONAL CERTIFICATE OF OCCUPANCY means a permit issued
to allow occupancy of a building.
8.5.2 A FINAL CERTIFICATE OF OCCUPANCY will not be issued until:
(i) The roadway has received the granular road base materials full
depth and the base course of asphalt, provided asphalt is
commercially available.
(ii) The underground hydro, telephone lines, gas mains and street
lights have been installed and approved by the Township Engineer.
(iii) A Certificate Letter and individual Lot Development Plan has been
given by the Developer's Consulting Engineer, or a Professional
Engineer registered with the Association of Professional Engineers
of Ontario, that the building constructed, and the final grading of the
lot or block, is in conformity with the General Location and Lot
Grading Plans, or such variance therefrom has been approved by
the Township Engineer.
The final grading on the individual Lot Development Plan must be
approved by the Township Engineer prior to the issuance of a
FINAL CERTIFICATE OF OCCUPANCY.
FINAL CERTIFICATE OF OCCUPANCY means a permit issued
when all outstanding items on a Provisional Certificate of
Occupancy, including grading, have been completed.
(iv) Driveway culvert and end protection has been provided to the
satisfaction of the Township, in accordance with the Township's
Road Occupancy Permit.
(v) The trees have been planted on the lot by the Developer in
accordance with Clause 7.3.
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(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 the dwelling for
any lot or part of a lot on the said Plan.
8.6 OCCUPANCY LIQUIDATED DAMAGES
Notwithstanding the above, if for any reason whatsoever, occupancy of any
building occurs before the vital services listed in Clause 8.5 are installed to the
home occupied to the satisfaction of the Township Engineer, then the Developer
agrees to pay to the Township, liquidated damages in the amount of One
Hundred Dollars ($100.00), per dwelling, per day, to cover the additional costs
of administration, inspection and fire protection, etc. The liquidated damages to
commence at and include the date of occupancy and end when the Developer
obtains a certificate from the Township Engineer that the vital services are
satisfactorily installed. If the Developer fails to pay to the Township, monies
owing under this clause within thirty (30) days of the date of the bill, the money
may be deducted from the cash deposit or Letter of Credit or other deposited
security.
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PART - 9
MAINTENANCE AND ACCEPTANCE
9.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES
On receipt of the Developer's request for a final inspection of the underground
services, the Township Engineer will again inspect the work and if satisfied, will
recommend to the Township that the Certificate of Maintenance and Final
Acceptance (Municipal Underground Services) be issued. It should be noted that
the Certificate of Maintenance and Final Acceptance (Municipal Underground
Services) can be applied for by the Developer two (2) years after the receipt of
the Certificate of Substantial Completion and Acceptance (Municipal
Underground Services).
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the normal operation, maintenance, and
all repairs of the services in this case until the Township has assumed the
responsibility of the services.
9.2
SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES
When all of the services have been completed, including the surface lift of
asphalt in accordance with this Agreement or in a particular stage, the Township
Engineer and Public Works Official shall make an inspection to ensure that the
Township will accept the road system. The Township Engineer shall issue a
Certificate of Substantial Completion and Acceptance (Aboveground Services)
when the works are accepted by the Township. This Certificate may contain a
list of minor deficiencies, which have to be corrected by the Developer, but which
are not considered of sufficient importance to delay the issuance of the
Certificate and the acceptance of the services by the Township. The two (2) year
maintenance period will commence when the Township Council approves the
issuance of the Certificate.
MAINTENANCE OF WORKS
The Developer will be responsible for the repair and maintenance of all the
subdivision services for a period of two (2) years from the date the Township
Council approves the Certificate of Substantial Completion and Acceptance. This
shall be called the Maintenance Period. The maintenance shall include the
maintaining and mowing of grass within the road allowances, as well as the
parkland area and detention pond, on a regular basis. If the Township is
requested to carry out this maintenance, the Developer shall pay all charges to
the Township.
If, during this period, the Developer fails to carry out maintenance work within
forty-eight (48) hours after receipt of a request from the Township, then the
Township Engineer may, without further notice, undertake such maintenance
work and the total cost of such work, including Engineering fees, shall be borne
by the Developer. If the Developer fails to pay the Township within thirty (30)
days of the date of billing, then the money owing may be deducted from the cash
deposit or Letter of Credit. During the maintenance period, ten percent (10%) of
the original estimated cost of the works shall be retained by the Township.
Towards the end of the maintenance period, the Developer shall make written
request to the Township for a final inspection to be made and notwithstanding the
two (2) year period noted above, the maintenance period will continue for the
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9.6
FINAL ACCEPTANCE OF ABOVEGROUND SERVICES
Upon receipt of the Developer's request for a final inspection of t~e A~o~egro~nd
Services, the Township Engineer will again inspect the work and If satisfied, will
recommend to the Township that the Certificate of Maintenance and Final
Acceptance be issued.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the maintenance of the services, in this
case, until the Township has assumed the responsibility of the services.
9.7 RELEASE OF LAND
The Developer, when not in default of the Subdivision Agreement to provide the
requisite public services to the lands, shall be entitled to an effective release in a
form suitable for registration in the Land Registry Office for each lot or block,
which is in conformity with the overall Grading Plan for the lands or such variance
therefrom as has been approved by the Township Engineer.
Every such release shall operate as a discharge of all levies hereunder by the
Township in respect to each lot or block described in the release, with the
exception of the responsibility for drainage as outlined in Clause 9.8 and the
completion and maintenance of the services.
9.8
DRAINAGE - RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT
OWNERS
It is understood and agreed that the drainage of surface waters upon and from the
said lands shall remain the sole responsibility of the Developer and the subsequent
owners, from time to time, of the lots or blocks within the Plan of Subdivision. The
Developer and subsequent owners of the lots or blocks within the Plan of
Subdivision, from time to time, shall provide and maintain adequate drainage of
surface waters across and from the said lands in accordance with the provisions of
Section 7.16 of this Subdivision Agreement. The Developer agrees to provide a
copy of this Section 9.8 and Section 7.16 to each and every prospective
builder/prospective purchaser of a lot or block within the Plan of Subdivision.
The Developer and the owner, from time to time, of any lot or block within the Plan
of Subdivision upon which the Township elects to enter for the purpose of rectifying
the said work, hereby agrees to indemnify and release the Township from and
against all claims, demands, actions or causes of action whatsoever arising as a
result of the Township or of its servants or agents entering upon the lands for the
purpose of correcting drainage problems. The cost of such work will be for the
account of the Developer and/or subsequent lot owner. Any invoices not paid
within thirty (30) days after due date, shall be added to the tax roll and collected in
a like manner as realty taxes as per Section 326 of the Municipal Act.
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PART -10 - DEFAULT PROVISIONS
10.1
DEFAULT PROVISIONS
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Notwithstanding anything herein before contained in this Subdivision Agreement,
and in addition to any other remedies, when the Developer is deemed by the
Township to be in default of this Agreement, the Township reserves the right to
realize upon any securities deposited on or on behalf of the Developer to recover
costs incurred by the Township, in accordance with the provisions of Section 5.6 of
this Subdivision Agreement, and/or to restrict or refuse issuance of Building and/or
Occupancy Permits, and the Developer agrees not to apply for any Building
Permits or Occupancy Permits for lots or blocks within the Plan of Subdivision, until
such time as the Developer is in full compliance with the provisions of this
Subdivision Agreement.
10.2 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and ensure to the benefit of the parties
hereto and their respective heirs, executors, administrators and assigns.
10.3 SUBSTITUTION FOR APPROVALS
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Wherein this Agreement reference is made to any named Ministry of the Province,
Township of Oro-Medonte or other public body, such reference where the same
requires their approval, is deemed to be a reference to any other Ministry or body
as may be substituted by legislative change or policy of the Provincial Government
or of the Township.
10.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP
The Developer further agrees that all costs, charges or expenses incurred by the
Township in satisfying the obligations of the Developer in the event of default of the
Developer under the terms of this Subdivision Agreement, together with any costs,
charges or expenses incurred by the Township in enforcing the obligations of the
Developer under this Agreement, shall be a first charge or lien against the said
lands in accordance with the provisions of Section 326 of the Municipal Act.
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IN WITNESS WHEREOF the parties hereto have executed this Agreement and have
hereunto caused to be affixed the corporate seals, duly attested to by the proper signing
officers.
SIGNED, SEALED AND DELIVERED thi6fIL day 2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per " , K~ (;
)Neil Craig ~
Title Mayor
Per ~~&k~
LAUREL, J HOMES (HV) INC.
.(~~:--
-#: He he A"~o,l~ to BI"d ~e COipo,"'O"
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SCHEDULE "A"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC. PH I
Part Lot 3 concession 4, Oro. Designated
as part of Part 8 and all of Parts 6, 7, 20, and
21 on Plan 51 R-30671
Subject to an easement over parts of 7 and 20
Plan 51 R-30671 as in instrument #L T 522875
together with an easement over parts 1 and 2
Plan 51 R-30671 as in instrument # L T 522878
being part of PIN #74055-0119(Lt)
DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT
ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in
the Township of Oro-Medonte (formerly Township of Oro), in the County of Simcoe, and
being composed of the whole of the lands described as follows:
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NOTE:
SCHEDULE "B"
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC. PH 1
PLAN OF SUBDIVISION
51-M
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SCHEDULE"C"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC. PH I
WORKS TO BE CONSTRUCTED
Complete roadway construction, including excavation, granular roadbed,
materials, curb and gutter as required, two (2) lifts of asphalt, topsoil and
seeded boulevards with sod, and erosion control measures as required
Storm drainage works, including ditches, culverts, and storm sewers
Storm water management ponds by others (Horseshoe Resort)
Water works including hydrant, valves and services
Street and traffic signs
Underground Hydro, telephone and street lighting
Sanitary sewers and services
Sanitary sewer extension by others (AWS)
All of the above works are incorporated onto the following drawings prepared by
URS Cole Sherman Project # CN 30701075 Municipal Affairs No. 43-0M-20001
01075-G1
01075-G2
01075-G2A
01075-G3
01075-G4
01 075-L 1
01075-L2
01075-P1
01075-P2
01075-P3
01075-P4
01075-P5
01075-P6
01075-P7
01075-P8
01075-D1
01075-D2
01075-D3
01075-D4
01075-D5
General plan
Sanitary Drainage plan
Phase 1 sanitary drainage plan
Erosion and sediment control plan
Storm drainage plan
Lot grading plan
Lot grading plan
Landscapes Drive
Oakmont Drive
Tanglewood Crescent
T anglewood Crescent
Tanglewood Crescent
Sanitary outlet
Storm outfall
Emergency access road
Standard details
Standard details
Standard details
Standard details
Standard details
The above referenced drawings were stamped, as accepted, by the township
engineers, R. G. Robinson and Associates (Barrie) Ltd. on October 1,2002.
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SCHEDULE "D"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC.
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............... ................................................................ .$434,400.00
B) Storm Drainage works complete, including storm
sewers, ditch inlet catchbasins, culverts, detention pond,
topsoil, seed and mulch, sod, ditching and siltation and
erosion control devices........................................................$ 271,000.00
C) Sanitary works complete, including sewer and manhole...... $ 192,100.00
D) Waterworks, including watermains, valves, hydrants and
valves, water services and modification to pumphouse..........$ 149,100.00
E) Miscellaneous items such as street name and
regulatory signs................................. ... ............... .............$ 36,100.00
F) Electrical supply, including street lights,
control panels and duct crossings......... .............................. .....$ 76,448.00
G)
Parkland works, including grading, trees, fence
and park sign................................... ................. ..............$
N/A
SUB-TOTAL
$1,159,648.00
G) Allowance for Engineering and supervision.........15%......... $ 173,947.20
TOTAL
$1,133,595.20
$ 93,351,67
7% G.S.T.
GRAND TOTAL COST
$1,426,946.87
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SCHEDULE "E"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC.
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES
& LIST OF LOTS REQUIRING SPECIAL ATTENTION
Refer to Section 8.3 which outlines specific requirements for all lots on the Plan in order
to obtain Building Permits for each and every lot.
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SCHEDULE "F"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC.
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 Oro-
Medonte at the rate applicable, upon the issuance of the first Building Permit for
each lot upon which charges are payable.
(ii) Educational development charges in accordance with By-law [#3203-00] of the
Simcoe-Muskoka Catholic District School Board at the rate that applies upon the
issuance of the first Building Permit with respect to each lot upon which
educational development charges are payable; and
(iii) Educational development charges in accordance with By-law #3 (2000) of the
Simcoe County District School Board at the rate that applies upon the issuance
of the first Building Permit with respect to each lot upon which educational
development charges are payable.
Please be advised that specific rates applicable to each lot in the Plan of Subdivision
can be obtained by contacting, for the Township of Oro-Medonte, the Treasurer; for the
Simcoe-Muskoka Catholic District School Board, the Associate Director of Education;
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 Charges Act, 1997, which may impose a charge on the
development of the lands within the plan of subdivision;
Also, please be advised that the above-referenced By-Laws enacted pursuant to the
Development Charges Act, 1997 and Section 257.53 of the Education Act, may be
amended or superceded by subsequent By-Laws enacted in accordance with the
respective legislation.
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SCHEDULE"G"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC.
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 71
Block 72
Block 73
Part 2
Part 1
Part 2
Part 3
Part 4
51M
51M
51M
51 R-31656
51 R-31650
51 R-31650
51 R-31650
51R-31650
8M Block
0.32M Reserve
0.30M Reserve
8M Block
0.30 Reserve
3.0M Road Widing
0.30 Reserve
3.0M Road Widing
. 2.0 STORM EASEMENTS
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Block 68
Block 69
Part 1
51M
51M
51R
3.0M Storm Easement Lot 58
2.1 STORM EASEMENTS FROM HORSHOE VALLEY LANDS L TD
Part 1
Part 7
51 R-30671 Storm Water Management Facility
51 R-30671 Easement
3.0 SANITARY EASEMENT TO BE CONVEYED TO AWS CANADA CORP
Block 67
Block 70
Part 1
Part 2
51M
51M
51 R-30671
51 R-30671
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SCHEDULE "H"
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION
LANDSCAPES AT HORSESHOE VALLEY
DEVELOPER
LAUREL VIEW HOMES (HV) INC.
CONSULTING ENGINEER COLE, SHERMAN & ASSOCIATES LIMITED
As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE AND
LAUREL VIEW HOMES (HV) INC.
The Developer( s) dated
1. The Developer hereby agrees and undertakes to complete the construction of the
Works as required by the above-mentioned Agreement in accordance with the
time schedule for the completion of services as approved by the Township
Engineer and more specifically in accordance with the following schedule and
conditions:
a)
Before any building erected on the lots or blocks in the Plan are occupied
all the Requirements for Occupancy, as set out in Clause 8.5, shall be
complied with.
b) Granular "B" and Granular "A" on or before September 18,2002
c) Grading, topsoiling and seeding of private blocks and parks on or before
October 15, 2004
d) Boulevard sodding on all roads on or before October 15, 2004
e) Hot asphalt on or before October 15, 2004
f) Planting of trees on or before October 15, 2004
2.
The Developer further agrees that the Township is hereby authorized to carry
out, at his expense, any of the work set out in this Declaration not finished on or
before the completion dates, to be commenced not sooner than one week
following such completion date, it being understood and agreed that the
Township's authorization is limited only to that work required under the
Declaration;
3. The Developer undertakes to properly maintain the gravel road base at all times
and to keep all roads in a mud-free and dust-free condition until such times as
the roads, including boulevards, have been completed;
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4.
The Developer further agrees and the Township is hereby authorized to
undertake any of the maintenance work as set out under Item 3 hereof, not
completed by him within 24 hours after receipt of such request for maintenance,
at his expense, and without limiting the generality of the foregoing, the
Township's cost shall be the cost of materials, equipment rental, labour, payroll
burden, plus 20% for overhead;
5. It is understood and agreed that should the Developer fail to construct the
remaining services to carry out the requirements of Item 3 as stipulated, and by
such dates and within such time limits as provided by this undertaking, the
Developer, notwithstanding the costs noted in Section 4, shall pay to the
Township, as predetermined liquidated damages, the sum of Fifty Dollars
($50.00) for each and every calendar day the said services are behind schedule
of construction provided such delay is not caused by strikes or acts of God or
additional work being required by the Township.
DEVELOPER
Seal or Witness
Date
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SCHEDULE "I"
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It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC.
GENERAL LOCATION AND LOT GRADING PLANS
PROCEDURE
After the General Location and Lot Grading Plan have been approved by the Township,
then:
a) six copies to be delivered to the solicitor for the Township.
b) six copies to be delivered to the Township.
c) Mylars for each Plan incorporated into the Subdivision Agreement shall be delivered
to the solicitor for the Township.
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INT'L TRADE CENTRE - ONTARIO
180 WELLINGTON ST W.,
9TH FLOOR,
TORONTO, ONTARIO, M5J 1J1
CANADA
DATE OF ISSUE: DECEMBER 20, 2002
OUR REFERENCE NUMBER:
P173752T07512
DATE OF EXPIRY: DECEMBER 19, 2003
PLACE OF EXPIRY: TORONTO, ONTARIO
BENEFICIARY:
THE CORPORATION OF THE TOWNSHIP OF
OR~MEDONTE
P.. BOX 100
ORO, ONTARIO LOL 2XO
APPLICANT:
LAUREL VIEW HOMES (HV) INC.
4001 CHESSWOOD DRIVE
TORONTO, ONTARIO
M3J 2R8
AMOUNT: CAD 474,904.72
FOUR HUNDRED SEVENTY FOUR THOUSAND NINE
HUNDRED FOUR AND 72/100'S CANADIAN
DOLLARS
IRREVOCABLE STANDBY LETTER OF CREDIT NO. P173752T07512.
WE HEREBY AUTHORIZE YOU TO DRAW ON ROYAL BANK OF CANADA, INTERNATIONAL TRADE
CENTRE-ONTARIO, 180 WELLINGTON STREET WEST, TORONTO, ONTARIO, M5J 1J1, FOR THE
ACCOUNT OF LAUREL VIEW HOMES (HV) INC. I UP TO AN AGGREGATE AMOUNT OF FOUR
HUNDRED SEVENTY FOUR THOUSAND NINE HUNDRED AND FOUR AND 72/l00'S, CANADIAN
DOLLARS (CAD.474,904.72) AVAILABLE ON DEMAND.
PURSUANT TO THE REQUEST OF OUR CUSTOMER, THE SAID LAUREL VIEW HOMES (HV) INC.,
WE, ROYAL BANK OF CANADA, INTERNATIONAL TRADE CENTRE-ONTARIO, 180 WELLINGTON
ST~TWESTI TORONTO, ONTARIO M5J 1J1, HEREBY ESTABLISH AND GIVE YOU AN
IRR~VOCABLE LETTER OF CREDIT IN YOUR FAVOUR IN THE TOTAL AMOUNT OF
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P173752T07512
PAGE: 2
CAD.474,904.72 WHICH MAY BE DRAWN ON BY YOU AT ANY TIME AND FROM TIME TO TIME
UPON WRITTEN DEMAND FOR PAYMENT MADE UPON US BY YOU WHICH DEMAND WE SHALL HONOUR
WITHOUT ENQUIRING WHETHER YOU HAVE A RIGHT AS BETWEEN YOURSELF AND OUR SAID
CUSTOMER TO MAKE SUCH DEMAND, AND WITHOUT RECOGNIZING ANY CLAIM OF OUR SAID
CUSTOMER OR OBJECTION BY THEM TO PAYMENT BY US.
DEMAND SHALL BE BY WAY OF A LETTER SIGNED BY AN AUTHORIZED SIGNING OFFICER OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE. THE ORIGINAL LETTER OF CREDIT
MUST BE PRESENTED TO US AT ROYAL BANK OF CANADA, INTERNATIONAL TRADE
CENTRE-ONTARIO, 180 WELLINGTON STREET WEST, TORONTO, ONTARIO M5J IJ1. THE LETTER
OF CREDIT, WE UNDERSTAND, RELATES TO A SUBDIVISION AGREEMENT BETWEEN OUR SAID
CUSTOMER AND THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE, RE: LAND
REGISTRATION.
THE AMOUNT OF THIS STANDBY LETTER OF CREDIT MAY BE REDUCED FROM TIME TO TIME AS
ADVISED BY NOTICE IN WRITING, GIVEN TO US BY AN AUTHORIZED SIGNING OFFICER OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE.
P~~AL DRAWINGS ARE PERMITTED. WE HEREBY AGREE THAT PARTIAL DRAWINGS UNDER THIS
LETTER OF CREDIT WILL BE DULY HONOURED UPON DEMAND.
THIS LETTER OF CREDIT WILL CONTINUE IN FORCE FOR A PERIOD OF ONE YEAR, BUT SHALL
BE SUBJECT TO THE CONDITION HEREINAFTER SET FORTH.
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED TO BE
AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FROM YEAR TO YEAR, FROM THE PRESENT OR
ANY FUTURE EXPIRATION DATE HEREOF, UNLESS AT LEAST THIRTY (30) DAYS PRIOR TO THE
PRESENT, OR ANY FUTURE EXPIRATION DATE, WE NOTIFY YOU IN WRITING BY REGISTERED
MAIL OR COURIER THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT TO BE
RENEWABLE FOR ANY ADDITIONAL PERIOD.
EXCEPT AS OTHERWISE EXPRESSLY STATED THIS CREDIT IS ISSUED SUBJECT TO UNIFORM
CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, (1993 REVISION), ICC PUBLICATION
NO. 500.
WE ENGAGE TO HONOUR PRESENTATIONS SUBMITTED WITHIN THE TERMS AND CONDITIONS
INDICATED ABOVE.
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'A~~~~~ED SIGNATURE
P173752T07512
PAGE: 3
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OTHER SITURE
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THIS DOCUMENT CONSISTS OF 3
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