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2002-082 To authorize the execution of an Amended Pre-Service Agreement (Laurel View Homes (HV) Inc.) " e e (I e THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-082 Being a By-law to Authorize the Execution of an Amended Pre-Service Agreement (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; AND WHEREAS, pursuant to By-law #97-86 of the Township of Oro-Medonte did enter into a Pre-Servicing Agreement with the Owner (Laurel View Homes (HV) Inc.), Parcel 2-9, Section 51-0ro-4 (former Township of Ora), Being all of PIN #74055-0119(Lt), County of Simcoe (Phase I of Horeshoe Adult Lifestyle Community); AND WHEREAS, pursuant to By-law #97-86 of the Township of Oro-Medonte, it is deemed desirable for the Township to enter into an amended Pre-Service Agreement with the Owner (Laurel View Homes (HV) Inc.), Parcel 2-9, Section 51-0ro-4 (former Township of Ora), Being all of PIN #74055-0119(Lt), County of Simcoe (Phase I of Horeshoe Adult Lifestyle Community); 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, an Amended 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 Amended Pre-Servicing Agreement against the owners. 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 26th day of June, 2002. By-Law read a third time and finally passed this 26th day 0 June, 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE () k.:f ~ t/ Mayor, J. Nei! Craig . . ~ "'.. t e e e tit PRE-SERVICING AGREEMENT AMENDMENT - between - LAUREL VIEW HOMES (HV) INC. - and - THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE DESCRIPTION OF LANDS Parcel 2-9, Section 51-0ro-4 (Former Township of Oro), Being all of PIN #74055-0119 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE June, 2002 By-Law No. l e e e PRE-SERVICING AGREEMENT AMENDMENT THIS AGREEMENT MADE BETWEEN: e The Corporation of the Township of Oro-Medonte (hereinafter called the "Township") - and - Laurel View Homes (HV) Inc. (hereinafter called the "Developer") WHEREAS the Developer is the registered owner of the lands described in Schedule "An attached (the "Subdivision Lands"); AND WHEREAS the Developer desires to commence installing municipal services with the Subdivision Lands prior to the registration of the Plan of Subdivision and the execution of the Subdivision Agreement with the Township; AND WHEREAS the Township of Oro-Medonte and the Developer entered into a Pre- Servicing Agreement on April 2, 2002, registered as Instrument No. SC9488, for the rough grading of lands decreed in Schedule "An. AND WHEREAS the Municipality and the Developer wish to amend the Agreement to provide for the installation of sanitary sewers, storm sewers, watermain and road works. 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 services on the Subdivision Lands, prior to the execution of a Subdivision Agreement with the Township, and the registration of the Plan of Subdivision. 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 for any reason and the Plan of Subdivision is 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 for 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. 2 e e e e 1.4 The Developer acknowledges and agrees this approval relates only to the installation of the following Township services: 1. Installation of sanitary sewers, storm sewers, watermain and road works as shown on URS Cole Sherman drawings dated May 1, 2002 as follows: General Plan Sanitary Drainage Plan Phase 1 Sanitary Drainage Plan Erosion and Sediment Control Plan Storm Drainage Plan Grading Plans Plan and Profiles Standard Details G1 G2 G2A G3 G4 L 1 to L2 P1 to P8 D1 to D5 1.5 The Developer acknowledges and agrees that no work shall be carried out on 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 on 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 provisions. 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 Developers to act as Consulting Engineers for Laurel View Homes (HV) Inc.; 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 - Co-ordinate the installation of Township services to avoid conflicts with regard 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 Drawinqs - Submit certified "as-constructed" drawings after acceptance of the Township services; 3 g) Chanqe in Retainer - If, at any time during the project: e 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. e 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 for the sum of Five Thousand Five Hundred Dollars ($5,500.00). 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 Five Hundred Dollars ($2,500.00) 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 for the warranty periods to be more particularly described in the Subdivision Agreement for 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 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) Products/Completed Operations provisions; 2) Cross-liability clause; 3) Blasting included, only if done by 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 or 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 have given technical approval to the Servicing Plans. e 3. INSPECTION BY THE TOWNSHIP 3.1 The Developer agrees to permit unrestricted access to the Subdivision Lands to 4 e 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. 4. APPLICATION OF SECURITY 4.1 In the event of default by the Developer under the terms of this Agreement, or if the Township is required to enter onto the Subdivision Lands or the abutting Township lands to conduct any work on the Township services or the connection of the Township services to facilities due to an emergency, the Township shall be entitled to draw upon the security posted by the Developer pursuant to the terms of this Agreement, in whole or in part, to cover the costs incurred by the Township in remedying the default on the part of the Developer, or in addressing e the emergency situation. 5. NO REDUCTION OF SECURITY 5.1 The Developer acknowledges and agrees that no reduction in the amount of security filed by the Developer with the Township, in accordance with the terms of this Agreement, shall be permitted until such time as the Developer has entered into the Subdivision Agreement for the Subdivision Lands with the Township. Thereafter, any reductions in the security posted by the Developer shall be completed in accordance with the terms of the said Subdivision Agreement. 6. NO ASSUMPTION OF TOWNSHIP SERVICES 6.1 The Developer acknowledges and agrees that the Township shall not be required to assume the Township services to be constructed by the Developer pursuant to the terms of this Agreement, until such time as the Developer has entered into a Subdivision Agreement with the Township for the Subdivision Lands, and the e Township services have been completed, inspected, and approved. 7. NOTICE 7.1 Any notice required to be given pursuant to this Agreement may be given by prepaid registered post to the Developer at the following address: Laurel View Homes (HV) Inc. 4001 Chesswood Drive NORTH YORK, Ontario M3J 2R8 and such notice shall be deemed to have been given and received on the third day after mailing. 8. NO ASSIGNMENT e 8.1 The Developer shall not assign or otherwise transfer the benefit of this Agreement without the written consent of the Township, which may be unreasonably withheld. 5 ",.- \.,~.. e e e IN WITNESS WHEREOF the Developer has hereunto set its hands and seals thf7 / /I day of :;JZ; AJ ' 2 . e rry Leiderman HAS THE AUTHORITY TO BIND THE CORPORATION IN WITNE~S WHEREOF the Township has hereunto sets its hands and seals this ~ day of ~ , 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: 2'YtJ~ lL,:~O-> ~ "6;;)- Marilyn Pennycook, Clerk J. Neil Craig, Mayor Per: 6 " ... e e e e SCHEDULE "A" DESCRIPTION OF LANDS Parcel 2-9, Section 51-0ro-4, (former Township of Oro), being all of PIN #74055-0119 (Lt), Township of Oro-Medonte, County of Simcoe. 7 \.. f" ~ ( It "" e It e e SCHEDULE "B" CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP 1. Securities posted original Pre-servicing Agreement dated March 20, 2002 to be held by the Township until subdivision agreement is finalized. $ TOTAL CASH DEPOSITS TO THE TOWNSHIP SECURITY TO BE DEPOSITED WITH THE TOWNSHIP $ 8 t j.~ ~;"V"'CIt . ~ Ontario . Document General Form 4 - Land Registration Reform Act D 'rill, \11'1>\1\ l' \);.\1 1,\ D' M 1 \11:--; I l'c !\H'X\\' '.877-4-UC.OOCS wwwllcdocsnet , . TI' II (1) Registry 0 Land Titles IKJ (2) Page 1 04 pages (3) Property Block Property Identifier(s) p(~ (-I 0 f 74 0 s.;s- - 0 II q (L 7) (4) Nature of Docu".'ent \. . 11 /"\ . . /161 l( e () .\ {tf;11-fPIIU2~ l ,j onsl era on Additional: See Schedule 0 e ~ .J ~ :> u n :> u J 1111... -- -- - 00/100 Dollars $ /)/L Additional: See Schedule o (6) Description . PO(f (V (()13 Cont:e'J.,lt'o/l Lf des,' IlIX/ ed~ Pad ~ Pad ~ {ntd 11/1 JQ PCl!-I,> & 7 ql J-OI ~ I 0/1 f?aJl ~/R-1o c:,-} ( 70 tv fI sh /pl6 {)(iJ - J1L€OJ Olr/F" -h ( fi if! ,I)' To l-U (H It I Y7 dh Or 0 c I, U SI . (7) This (a) R scription Document New Easement Additional Contains Plan/Sketch 0 Description 0 Parties 0 Other I:E L L :> :.:: :> L New Property Identifiers Executions Additional: See Schedule o (8) This Document provides as follows: -, Je l?' pl/lVHOIl r!O. IllY. T ~ eel 1U',/1 if JZ Of'eJ - ;?7edold ~ Nt. (, CT/7 , Un r ~~' sf f'reJ, 1'.":'+0.11'; r ':t-l" I Y/ fpYfJ I 0 ( ~f u Ih/ J YI (,1M Iafa:A. r..e~ 151fl eJ I Y\ t.ku /Lti ,1M 01 Lau Ie I, /, JeW Ho n1eJ (II u) Inc. i n WIt!!. f 0 f 'Iiu /0 JWl dJiw hcd I n /30 'I (;; (I ~~ )/ €, t1:~( hfile/JY . Uff/ Y lu\0LeA. kc,~/))) 71 of Y-fLYL a Ad II fI,>i /icl fo f ~u '-f! nft,y at /10 jlt_e ~ ~VpO!u2'7d / J'1 Wtp (Pj /j fp,- -fO ( 'f{AQ S ({ I J pa rc e/ Continued on Schedule 0 (9) This Document relates to instrument number(s) (10) Party(ies) (Set out Status or Interest) Name(s) !.....I...H... O.E;P.()1~.ft.TUUY.......9....f....].H.C;........7.9.'0!...N)..H.LP...... o F 0 f! u ~ 1~1 E Do · ) - (.:' .........................................................................1.'::'....J........................................................................................... ...&.u...t.1...L'.'.iffA..l..L.~y....................... ................................................................................ ........... . y j / -l I Y 'Ye' h' (11) Address O. for Service ) 0 / (12) Party(ies) (Set out Status or Interest) Date of Signature /17 Y M D Signatu~!ii(s) I / \ , C.. \/Z~~-U{;L/7it~,JQu ~(Jl i 19 ')h I 1 Ley P Ju h , cJ..e e if..... , j' . t{"if. t {,)1 murl''<if'< (,' ty : . \ \ . , riD LOt C)xO Date of Signature Y M D Name(s) ..C.A...IA.e...f:...t....k'.L.f...((LJ.h../v..1.f.~...Cll.v2J.tyC~.... .....O.JV..l1P..t.... ... ................ ................................................. .......................... Signature(s) ,...........,..................,...........,.". .........,......"........., .,..,.."........."......"...... .....,,,,,.........,,....,.,, . (13) Address for Service l{ 00 I C/LP.5)~) !)()C{ /)( /Vf' TfJ (Oi't -Iv) On, J Jl ~:J Ii Y (14) .iPal Address of Property (15) Document Prepared by: fled ass 'j/tfJ. TOle'/l Jh';? ~ Dlv - ) Jlwio/l/e ~ ~OX (uO ~ u 010 011. LU L c) yo ~ ) f2 Registration Fee Total Item 10 I) Keith Mathieson, Director of Engineering and Environmental Services, memorandum correspondence dated June 25, 2008 re: Laurel View Homes {HV) Inc. -Amendment to Pre-Servicing Agreement. Motion No. C080fi25-19 Moved by Crawford, Seconded by Agnew Be it resolved that 1. The memorandum correspondence dated June 25, 2008 from Keith Mathieson, Director of Engineering and Environmental Services, re: laurel View Homes {HV) Inc. -Amendment to Pre-Servicing Agreement be received and adopted. 2. That the Mayor and Clerk be authorised to execute the Acknowledgement and Direction to remove PIN # 74055-0124 from the Pre-Servicing Agreement. 3. And Further That the applicant be advised of Council's decision. Carried. Page 11 Council Meeting Minutes-June 25, 2008 ACKN{JWLEDGEMENT AND DIRECTI©N TO: Samr;et Nash ~. _ _ _u_.~ ..._.~.w__ _~ ~_ _w ,insert lawyers name} AND ?Cl: GL7L.t~MAfU St_(~AN HASH d3 NAt3ER t LP ;insert firm name} RE: AaplrLation to Qeiete Pre-Servicing Agre~tment #Sc9488 and SC36251 from {'the transactidn"} ?IN 7 40 5 5-17 1 24 ;insert brief descriptron of Vansaction} This wail confirm that. ~ 14Ve have mvrewr3d the ir?fnrmatinn set out this Acknowledgement and Direction arilrn the documents described below (the "Documents"}, and that this uiformation i& accurate; • `{ou, your agent or cmpbyea are authorized and directed to sign, deliver, andtor register etectrnnicaily, on myiour behaN the "~ocrr~r~erts in the form attached. ~ „u ~re r~ ruby authortzect arxi ;'ractnd td enter into an escrow closing arrangement gubstaniiatiy In the form attached ..~o t,.' ~x~ a ~-~~py of the rersion ~f the t7ocument Registration Agreement, which appears on the websitB of the t.aw irty of i r per .^,anada as of the gate of tt^e Agreement of Purchase and sale herein. 'JYYa hereby ac:knowiedga the said tyre~rment ~:rs been reviewed by matus and that IJWe shaft be t~und by iL4 terms; ~ `'~e effect of the Documents has been fusty explained to melus, and Ilwe understand that Ilwe era parties to and bound by `he terms and provisions of the Documents to the same extent as if liwe had signed them; and ~ owe ar ~, rn !act the parties named in the Documents and Uwe have not misrepresented our identities to you. ~ , ___ am the spouse of the ~~ •,r ~~nir,(_hargor}, and Hereby consent to the transaction descrbed in the Acknowledgment and DireeCion. I authorize you to indicate my consent on alt the Documents fnr which rf is required. DES~RIPTiON OF EGECTf20NIG DOCUMENTS the Gor_ument{s} described ?n the Acknowledgement and Direction are the documents} selected below which are aitarhed hereto as "LOCUment in Preparation' and era: [O A transfer of the (and described above, ~ A harge of the land descnbed abrne. U Other documents set out m Schedule '3" attached hereto. Dated at Ora-Medonte,thl$ 25 da o1 .rune 20 OS y _ WITNESS (As to al! si~~natures, If rogwred} ~~ ~~~ ~ ~ ~. TFiE CORPORATION UE "PttE i0Ft~15HFP t)E t)RO-MEDO;i?'d ~ , ~ ~- ; ~• _ - ; ,,,:~: E'I ~.. ~ tt ~ ~e s accle: ~1ayo~ 'n 1-;F.--~~: t~~ugl~s iL.S r.7e: Clerk Page 2 of 3 RELEASE THE Ct7RPt3RAT10N Cif THE TCIWNSHIP Of pRtJ-hiEDONTE, having an interest in the ~arc}Perty descrit~d As PIN i~t05~-O1~'4 tieing Part of Lot 3 Concession ~ (t~ro1 being PART ~~ ~}n Pian 51R-30b71, Tawnshi~ of C)ro-Medonte, Moth hereby release and discharge L4turel View Homes (HV1 ine~ and t-iorseshoe Valley Resort Ltd. anti the above described Nrn~erty from .any legal interest or terms and conditions ansing out of the Pre-Servicing ~urecment registered on title on r~~ril 2, '_00'? as Instrument No. SC9488 and amended by >gr+~ement registered ~uiy 10, 2007 as Instrument No. SC36251, and, confirms that this Kei«rase is final ~n nature. fisted this ,~ ~ day of )une, 2010$ ~. _~ THE CORp{~RA~ION Of tHE T©WNSHP CAF ORO-MED(~NTE~ ~ °'~ ~ , ~, PErr: -_- _ .- -.. ~f, , _,~_ ~,,,r,c: CI. ~~ flt~9~h~_s TFtle~ ~~~,~~, i N.,.°~~,..~ r' - ~ .__ _.-- me: J~. ~glas Irwin ~t-e: Cle i,'~,nle have authority to bind the Corporation i',i~f~ ) of 3 1, SA,iwiUE~ !TARRY NASt 1, ~f the City of Taranto, Province «f t~ntario (7O f ik REEiYtvfAKE (?AlN AN(~ SAY: that ! am a salicitcar of t~uidman 51aan ;dash & Naber LlP anc! have knowlerige of the matters herein. I hat all ~ ar7scnts have kreen ahtained from all <-anr_ernet~ E~artir~s and no other consents are recauir~~.