2007-119 To Authorize the Execution of a Pre-Servicing, Heights of Moonstone Phase 2THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2007-119
A By-law to Authorize the Execution of aPre-Servicing Agreement
Heights of Moonstone, Phase II
WHEREAS Section 51, Sub-section (26} of the Planning Act, R.S.4. 1994, Chapter P.
13, as amended, provides that municipalities may enter into agreements imposed as a
condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies;
AND WHEREAS the Council of the Township of Oro-Medante deems it desirable to
enter into aPre-Servicing Agreement with the Owner, Heights of Moonstone, Phase fl,
for the following Description of Lands:
Block 65, Plan 51 M-679
Being all of PIN #58523-0479 (Lt)
Block 66, Plan 51 M-679
Being all of PIN #58523-0480 (Lt}
Block 67, Plan 51 M-679
Being all of PIN #58523-0481 (Lt}
Block 68, Plan 51 M-679
Being all of PIN #58523-0482 (Lt}
Block 69, Plan 51 M-679
Being all of PIN #58523-0483 (Lt};
Township of Oro-Medante, County of Simcoe;
NOW THEREFORE the Council of the Township of Ora-Medante hereby enacts as
follows:
That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Ora-Medonte, a Pre-Servicing Agreement, a copy of which is
attached hereto and forms part of this By-law as Schedule "A".
2. That the municipality shall be entitled to enforce the provisions of the Pre-
Servicing Agreement against the owners.
3. This by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 14T" DAY OF NOVEMBER,
2007.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 14T" DAY OF
NOVEMBER, 2007.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~.~
°.~
Mayor, H.S. Hughes
.r ~`~
_-
~Irrrk, J. Dou~fas Iri~in
Schedule "A" to
By-Law No. 2007-119
PRE-SERVICING AGREEMENT
- between -
HEIGHTS OF MOONSTONE
PHASE II
-and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Block 65, Plan 51 M-679
Being all of PIN #58523-0479 (Lt)
Block 66, Plan 51 M-679
Being all of PIN #58523-0480 (Lt)
Block 67, Plan 51 M-679
Being all of PIN #58523-0481 (Lt)
Block 68, Plan 51 M-679
Being all of PIN #58523-0482 (Lt)
Block 69, Plan 51 M-679
Being all of PIN #58523-0483 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
April, 2007
By-Law No. 2007-119
PRE-SERVICING AGREEMENT
THIS AGREEMENT MADE BETWEEN: THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
- and -
(hereinafter called the "Township"}
HEIGHTS OF MOONSTONE
PHASE 11
(hereinafter called the "Developer")
WHEREAS the Developer is the registered owner of the lands described in Schedule
"A" attached (the "Subdivision Lands");
AND WHEREAS the Developer desires to commence installing municipal services
within the Subdivision Lands, prior to the registration of and the execution of the
Subdivision Agreement with the Township;
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
1. ASSUMPTION OF RISK BY DEVELOPER
1.1 The Developer agrees to assume all risk in commencing installation of Township
S@NICeS, as defined in Article 1.4 hereof, prior to the execution of a Subdivision
Agreement with the Township and the registration of the Plans. The Developer
hereby releases the Township, its agents, servants and employees from and
against all actions, suits, claims and demands whatsoever, which may arise
either directly or indirectly as a result of the installation of Township services by
the Developer.
1.2 The Developer acknowledges and agrees that, in the event that a Subdivision
Agreement with the Township is not finalized far any reason and the Plans are
not registered as a result, pre-servicing of the Subdivision Lands shall cease
immediately.
1.3 The Developer acknowledges and agrees that Engineering design plans and
specification far the Township services to be installed by the Developer, as
submitted to the Township, in accordance with the terms of this Agreement, may
require further amendment as a result of requirements imposed by the Township
under the terms of the Subdivision Agreement to be entered into for the
Subdivision Lands. The Developer covenants and agrees to assume all risk and
responsibility for the cost of required revisions to the Engineering design
drawings and specifications for the Township services, together with the costs of
modifying, reconstructing, removing and/or replacing the Township services
installed by the Developer, pursuant to the terms of this Agreement, in order to
satisfy the requirements finally imposed by the Township at the time that the
Subdivision Agreement is entered into.
1.4 The Developer acknowledges and agrees that this Agreement relates to and
permits the installation of the following Township services on the Subdivision
Lands:
1. Installation of water services;
2. Storm management pond;
3. Utilities;
4. Construction of roadway to base course asphalt.
1.5 The Developer acknowledges and agrees that no work shall be carried out eft
any existing Township right-of-way, and that there shall be no connection to
services on any Township right-of-way.
1.6 The Developer acknowledges and agrees that no work shall be carried out an
lands not owned by the Developer, without the written consent of the owner to be
filed with and approved by the Township.
1.7 The Developer acknowledges and agrees that all Servicing Plans must comply
with Federal, Provincial and Township laws, by-laws, standards and policies.
2. REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK
2.1 The Developer agrees to submit the following to the Township, in a form
satisfactory to the Township, prior to the commencement of the installation of
Township services on the Subdivision Lands:
a} A letter from a qualified Engineer experienced in the field of Township
services confirming:
1. Retainer -That their firm has been retained by the Develapersto act as
Consulting Engineers for Heights of Moonstone.
2. Terms of Retainer -The terms of their retainer with the Developer as
follows:
a) Plans and Specifications -Prepare plans and specifications for the
construction of Township services;
b) Cost Estimates -Prepare cost estimates for the Township services
to be constructed from the drawings;
c) Approvals -Obtain all necessary approvals to construct;
d) Co-ordination - Go-ordinate the installation of Township services to
avoid conflicts with regards to telephone, cable T.V., and Township
services;
e) On-Site Inspections -Ensure that all on-site inspections of
Township service installations are conducted by the Developer's
Consulting Engineers at all times during construction;
f) As-Constructed Drawings -Submit certified "as-constructed"
drawings after acceptance of the Township services;
g) Change in Retainer - If at any time during the project:
i) The terms of their retainer are changed by the Developer, or;
ii} If they become aware that they will not be able to provide "as
constructed" drawings, they will notify the Township within
twenty-four (24) hours;
h) Erosion and Siltation Control -Ensure all necessary precautions are
taken to prevent erosion and sedimentation of sewers, ditches,
culverts, slopes, etc., both within the subdivision and downstream,
prior to and during construction.
b) Confirmation letters are to be filed with the Township Clerk, confirming the
following:
1) The Township Engineer has no objection to the pre-servicing;
2) The Planning Department has no objection to the pre-servicing;
3) The Township Solicitors have no legal objections to the pre-servicing.
c) Payment of cash or certified cheque required to cover the cost of the
Township's lawyer and Planner for all costs involved in processing the Pre-
Servicing Agreement, and for all the Township's Engineers for checking of
plans, specifications and inspection on behalf of the Township far the sum of
Five Thousand Dollars ($5,000.00). 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.
In the event that the deposit is drawn down to a level of Two Thousand
Dollars ($2,000.00) or less, and the Developer does not pay the accounts
within thirty (30) days, it is hereby understood and agreed that the Developer
is in default of this Agreement and all work must. cease;
d) A Letter of Credit, as per Schedule "C", in the amount set out in Schedule "B"
attached, as security to ensure the due completion of the Township services
to be constructed by the Developer, and as security to be held by the
Township far the warranty periods to be more particularly described in the
Subdivision Agreement far the Subdivision lands. The said letter of Credit
shall provide that if in the sole opinion of the Township, default under the
terms of this Agreement has taken place, the said letter of Credit may
thereupon be drawn upon in whole or in part;
e) A certified copy of an insurance policy, or a certificate of insurance, confirming
comprehensive general liability in the amount of Five Million Dollars
($5,000,000.00), naming the Township as co-insured., and containing the
following additional provisions or endorsements:
1) ProductslCompleted Operations provisions;
2) Cross-liability clause;
3) Blasting included, only if done by an independent contractor;
4) Notice of Cancellation - a provision that the insurance company agrees
to notify the Township within fifteen (15) days, in advance, of any
cancellation ar expiry of the said insurance policy.
f) All Servicing Plans shall be submitted to and accepted by the Township
Engineer;
g) The Ministry of the Environment and Energy has given technical approval
to the Servicing Plans.
3. INSPECTION BY THE TOWNSHIP
3.1 The Developer agrees to permit unrestricted access to the Subdivision lands to
the Township and its agents for the purpose of inspection of the Township
services to be installed by the Developer. Notwithstanding that inspections may
be conducted by the Township or its agents, the Developer shall bear sole
responsibility for the soundness of the Engineering design of the Township
services, and for ensuring that the Township services to be installed will function,
as intended, and will be compatible with the final Plan of Subdivision when and if
such Plan of Subdivision is approved.
3.2 If, in the opinion of the Township, there is an emergency situation as a result of
any work undertaken by the Developer or its servants, or agents, which requires
immediate attention to avoid damage to private or public property or services
owned by the Township or to eliminate a potential hazard to persons, such work
may be done immediately by the Township at the expense of the Developer, but
notice shall be given to the Developer at the earliest possible time.
-- -- -_ _ ..v ,, ,. avwir~ittr VP VRV-PlGUV1V lr, P.OOi;
4. APP~tCAT10N O~ SE~CiJRITY
4.1 In the went of default by the Develaper under the term r>f this Agreement, or if
the Township is required to enter auto the ~ubdivisian L nds ar the abutting
Tawnship lends to canduot any work an the Tawnship s rvices ar the connection
of the Tawnship services to facilities due to an emergen ~f, the Tawnship shell be
entitled to draw upon the security posted by the Devela er pursuant to the terms
of this Agreement, in whale ar in part, to saver the casts incurred by the
Tawnship in remedying the default an the part of the De eloper, ar in addressing
the emergency situation.
. N~ EaucrroN ~F sEDU~ITY
.~ The Develaper acknowledges end agrees that na reduc ion in the amaur~t of
security flied by the Develaper with the Tawnship, in accordance with the terms of
this Agreement, shell be permitted until such time as the Qevelaper has entered
rota the Subdivision Agreement far the Subdivision Lands with the Tawnship.
Thereafter, any reductions in the security posted by the Developer shall be
completed in accordance with the terms of the said Subdivision Agreement.
NC)10.SStJIVIP'TIAN ~J!F T~WNSNIP SE~Vt~ES
0.1 -The Develaper acknowledges and agrees that the Tawnship shall not be required
to assume the Tawnship services to be constructed by the developer, pursuant
to the terms of this Agreement, anti! such time as the Developer has entered into
a Subdivision Agreement with the Tawnship for the Subdivision Lands, and the
Tawnship services have been completed, inspected, and approved.
7. Nt~°rdE
~•~ Any notice required to be given pursuant to this Agreement may be given by
prepaid registered past to the Developer at the falfawing address:
Sachly Investments Inc.
172b0 Hwy. #~2'7
Suite #100
SCHQM6ERG, C>ntaria
LOG 1 TO
and such notice shall be deemed to have been given and received an the third
day after mailing.
~. NC3 A,SSII;NNlENT
$.1 The Develaper shall not assign ar otherwise transfer the benefit of this
Agreement without the written consent of the Tawnship, which may be
unreasonably withheld.
IN TNESS 1~lHE~Et~IF the De~ela~er has to set its hands and seals this
day of ~~, ~ ,,~00~`
~ .e
d ~;~ "~
Per: r,,r_ ~ _ ~ ~ ._.~ ~~ ~.~~. ,~ _ '" David ~achly, Develaper
IN ~tITNESS 1NHEREt~7F the Townshi ~s , unto sets its hands and seals this
day of `~ _ . , 2007.
T~tE D~RF'6'~~tA~'lt~f'~ CAF Th{E TOYIINSHIF~ ~F d~C1-l~IEDflNTE
Per: "~.~..:~- ~~ H.S. Hughes, Mayor
Per: `_ _: ~~. J, Douglas Irwin, Dlerk
TOTAL P.002
SCHEDULE "A"
DESGRIPTION OF LANDS:
Block 65, Plan 51M-679, being all of PIN #58523-0479 (Lt)
Block 66, Plan 51 M-679, being all of PIN #58523-0480 (Lt)
Block 67, Plan 51 M-679, being all of PIN #58523-0481 (Lt)
Block 68, Plan 51 M-679, being all of PIN #58523-0482 (Lt}
Block 69, Plan 51 M-679, being all of PIN #58523-0483 (Lt)
SCHEDULE "B"
CASH DEPOSITS TO BE FI<_ED WITH THE TOWNSHIP:
1. Section 2.1 c)
~.
$ 5,aaa.aa
$
TOTAL CASH DEPOSITS TO THE TOWNSHIP $ 5,aaa.aa
SECURITY TO BE DEPOSITED WITH THE TOWNSHIP $ 2a,aaa.aa
Letter of Credit/Cash
Ty ~ ~,MG Bank of Montreal
- _ as
~~M~ 234 Simcoe Street 3rd Floor ~~
Toronto ON M5T 1T4
Tel: 416 598-6112
Fax: 416 598-6076
SWIFT: BOFMCAT2
Telex: MC162960
Irrevocable
Standby Letter of Credit No.: BMTO171462OS 6 ~~
Date Issued: April 18, 2007
Beneficiary:
The Corporation of the Township of Oro-Medonte
P.O. Box 100
Oro, Ontario LOL 2X0
Applicant:
Bachly Investments Inc.
17250 Hwy 27, Box 29
Schomberg, Ontario LOG 1T0
Amount: Twenty Thousand and OOI100's Canadian Dollars (CAD20,000.00}
We hereby authorize you to draw on Bank of Montreal, Global Trade Services, 234 Simcoe Street, 3rd
Floor, Toronto, Ontario M5T 1T4, for the account of Bachly Investments Inc., up to an aggregate
amount of Twenty Thousand and 00/100's Canadian Dollars {CAD20,000.00}which is available on
demand.
Pursuant to the request of our said customer, Bachly Investments Inc., we, Bank of Montreal, Global
Trade Services, 234 Simcoe Street, 3rd Floor, Toronto, Ontario M5T 1T4, hereby establish and glue to
you an Irrevocable Standby Letter of Credit {the "Credit"} in your favour, in the total amount of Twenty
Thousand and 001100's Canadian Dollars (CAD20,000.00}, which may be drawn on by you at any time
and from time to time, upon written demand for payment made upon us by you which demand we shall
honour without enquiring whether you have the right as between yourself and our said customer to
make such demand and without recognizing any claim of our said customer or objection by them to
payment by us.
Demand shall be by way of a Letter signed by an authorized signing officer of The Corporation of the
Township of Oro-Medonte, attached to which shall be the original Credit. Presentation shall be made
to Bank of Montreal, Global Trade Services, 234 Simcoe Street, 3rd Floor, Toronto, Ontario M5T 1T4.
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~ ~ ~„~ Bank of Montreal
fl ~~~
The Credit, we understand, relates to a Subdivision Agreement between Bachly Investments Inc. and
The Corporation of the Township of Oro-Medonte, with Mortgage Company, as a third party, regarding
Blocks 65 to 69, Plan 51 M-679 -Heights of Moonstone Phase II.
The amount of this Credit may be reduced from time to time, as advised by notice in writing, given to
us by an authorized signing officer of The Corporation of the Township of Oro-Medonte.
Partial drawings shall be permitted. We hereby agree that partial drawings under this Credit will be
duly honoured upon demand.
This Credit will continue in farce up to April 17, 2008, but shall be subject to the condition hereinafter
set forth.
It is a condition of this Credit that it shall be deemed to be automatically extended. without amendment
from year to year, from the present or any future expiration date hereof, unless at least thirty (30} days
prior to the present or any future expiration date, we notify you in writing by registered mail that we
elect not to consider this Credit to be renewable for any additional period.
Except as otherwise expressly stated, this Credit is issued subject to the Uniform Customs and
Practices for Documentary Credits (1993 Revision} International Chamber of Commerce, Publication
No.500.
Dated at Toronto, Ontario, this 18th day of April, 2007.
~A_ ,~~f ~
Signing Officer ~utho"rued Signing Officer
BMTO171462OS
SEI.ENA H~LD~R
3 ; I
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