2002-081 To authorize the Execution of an Amended Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Monica Interior Design Ltd., And Modco Investments Ltds.
'*
1!00
.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-081
Being a By-law to Authorize the Execution of an Amended Subdivision Agreement
between The Corporation of the Township of Oro-Medonte
and Monica Interior Design Ltd. And Modco Investments Ltd.
WHEREAS, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter
P.13, as amended, provides that municipalities may enter into agreements imposed as
a condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies being Stage IV of the
Sugarbush Development (Plan M-367), Township of Oro-Medonte, County of Simcoe.
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
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1.
That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Oro-Medonte, an Amended Subdivision Agreement, a copy of
which is attached hereto and forms part of this By-law as Schedule 'A'.
2. That the Amended 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 Amended 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 26th day of June, 2002.
By-Law read a third time and finally passed this 26th day of June, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Document General
Form 4 - land Registration Reform Act
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THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
SUBDIVISION AGREEMENT AMENDMENT
THIS AGREEMENT made the :2...D day of ~ 4ft-
,2002.
BETWEEN:
MONICA INTERIOR DESIGN LTD. AND
MODCO INVESTMENTS LTD.
(hereinafter called the "Developer")
OF THE FIRST PART
AND:
THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
(hereinafter called the "Municipality")
OF THE SECOND PART
WHEREAS the Municipality was created on January I, 1994 by virtue of Section 2 of the
County of Simcoe Act, 1993 S.O. 1993 c.33;
AND WHEREAS by virtue of s. 47 of the County of Simcoe Act, 1993 the Municipality is
bound by and receives the benefit of every agreement entered into by the former Township of
Oro as if the Municipality were itself signatory to any such agreement;
AND WHEREAS the Minister of Municipal Affairs and Housing granted draft plan approval
pursuant to s. 51 of the Planning Act, in Ministry Subdivision File No. 43T-86031 (hereinafter
the "Subdivision");
AND WHEREAS the former Township of Oro, the Developer and the Royal Bank of Canada,
as mortgagee of the Lands, entered into a Subdivision Agreement on the 2ih day of May, 1988
registered as Instrument No. LT131393 (hereinafter referred to as the "Agreement") as a
condition of the draft plan approval for the development of lands described in Schedule "A" of
the Agreement;
AND WHEREAS the Royal Bank of Canada, by virtue of a discharge of its mortgage by
Instrument No. LT 24132 no longer has an interest in the Lands.
e AND WHEREAS s. 14 of the Agreement provided for the development of the land subject to
the Agreement in phases and stages;
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AND WHEREAS the Municipality and the Developer wish to amend the Agreement to provide
for the development of the final phase or stage of the subdivision;
e NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration for the good
and valuable consideration of the sum of TWO ($2.00) DOLLARS of lawful money of Canada,
now paid by each of the parties hereto to each of the other parties hereto, (the receipt whereof is
hereby acknowledged), the parties hereto hereby covenant, promise and agree with each other as
follows:
1. Section 2 ofthe Agreement is amended by adding the following words:
"11. Schedule (K) - Special Conditions for the development and
servicing of Phase 3, Stage IV of the Subdivision".
2.
The Agreement is amended by deleting Clause 59 and replacing it with the following:
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"59A Development of Phase 3, Stage IV of the Subdivision
The parties agree that except where otherwise specifically noted in this
agreement or in Schedule "F", all the standards and provisions regarding
the development and servicing of Parts I to 27, Lots 33, 34, 44, 47-55,
59 - 63, Blocks 79, 80, 82 and 85 in the Subdivision shall be as provided
in Schedule "F" attached".
3.
Schedule "D" of the Agreement is amended by deleting Clause III and replacing it with
the following:
"Works under Phase 3, Stage IV shall be completed in its entirety
by December, 2004 and in the following sections "A" to be
completed by December, 2002, "B" to be completed by December,
2003, and "c" to be completed by December, 2004 as provided for
in Schedule "K"."
4. Schedule "E" of the Agreement is amended by deleting the paragraph under the heading
"Stages III and IV" and replace with the following:
"The estimated cost of works for Phase 3, Stage IV is:
$ 1,301,541.69, divided into 3 sections as follows "A",
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$ 59,260.88 "B", $ 591,038.68 and "C",
$ 651,242.13
5. Schedule "F" ofthe Agreement is amended by deleting the Schedule in its entirety.
6. The Agreement is amended by adding the attached as Schedule "K" to the Agreement.
7. This Agreement shall be binding upon and enure to the benefit of the parties hereto and
their respective heirs, successors, administrators, executors and assigns.
8. The parties agree that this agreement shall be registered against the lands described in
Schedule "A" attached hereto.
IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto
caused to be affixed the corporate seals, duly attested by the proper signing officers.
SIGNED, SEALED AND DELIVERED this ~f>? day of ~ ~ , 2002.
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Developer
MONICA INTERIOR DESIGN LTD.
MODCO INVESTMENTS LTD.
pe~~
Rene DeMartini, C.S.O.
Has the Authority to Bind the Corporation
Municipality
THE CORPORATION OF THE TOWNSHIP
OF ORO - MEDONTE
Pcr: ~' /lJ~
May , 1. Neil Craig'- . .
::ODMA\PCDOCS\DOCS\1184022\3
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SCHEDULE "A"
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NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS
LTD.
DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT
ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being
in the Township of Oro-Medonte (formerly Township of Oro), in the County of Simcoe,
and being composed of the whole of the lands described as follows:
Firstly:
Part of PIN #74057-0310 (Lt)
Part of Lots 67, 68, 69, 70, 71, 72, 73, 74 and 75, according to
Registered Plan 51 M-367, being designated as Parts 18 to 24, both
inclusive on Plan 51 R-31153
e Secondly: Part of PIN #74057-0311 (Lt)
a) Part of Lots 41, 42 and 43 and Part of Ironwood Trail stopped up
and closed by Lt 494770, according to Registered Plan 51M-367,
being designated as Parts 7 and 8 on Plan 51 R-31153.
b) Part of Lots 35,36,37,38,39,40,41,71,72 and 73; Part of Blocks
76 and 77; and Part of Ironwood Trail stopped up and closed by Lt
494770, being designated as Parts 10 to 17, both inclusive, and
Parts 28 and 29 on Plan 51 R-31153.
c) Block 78, according to Registered Plan 51 M-367.
Thirdly:
PIN #58533-0065 (Lt)
Block 79, according to Registered Plan 51M-367.
Fourthly: PIN #58533-0064 (Lt)
Block 80, according to Registered Plan 51M-367.
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Fifthly:
PIN #58533-0063 (Lt)
Block 81, according to Registered Plan 51 M-367.
Sixthly:
Part of PIN #58533-0204 (Lt)
Part of Lot 1, Concession 7, designated as Parts 1, 2, 3, 4,5,6 & 7,
according to Plan 51 R-17872.
PIN #74057-0213 (Lt)
Lot 59, according to Registered Plan 51M-367.
PIN #74057-0212 (Lt)
Lot 60, according to Registered Plan 51 M-367
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PIN #74057-0211 (Lt)
Part Lot 61, according to Registered Plan 51M-367.
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DESCRIPTION OF LANDS (cont'd.):
PIN #74057-0209 (Lt)
Part Lot 62, according to Registered Plan 51M-367.
PIN #74057-0208 (Lt)
Lot 63, according to Registered Plan 51M-367.
Part of PIN #74057-0310 (Lt)
Part of Lots 67, 66, 65 and 64, according to Registered Plan 51 M-367,
being designated as Parts 25, 26 and 27 on Plan 51 R-31153.
Part of PIN #74057-0311 (Lt)
All of Lots 58, 57, 56, 46 and 45 and Part of Lots 43, 42 and 41, and
Part of Ironwood Trail, stopped up and closed by Lt494770,
according to Registered Plan 51M-367, being designated as Parts 1,
2, 3, 4, 5 and 6 and 9 on Plan 51 R-31153.
Part of PIN #74057-0311 (Lt)
All of Lot 44, according to Registered Plan 51 M-367.
PIN #74057-0226 (Lt)
Lot 47, according to Registered Plan 51M-367.
PIN #74057-0225 (Lt)
Lot 48, according to Registered Plan 51M-367.
PIN #74057-0224 (Lt)
Lot 49, according to Registered Plan 51 M-367.
PIN #74057-0223 (Lt)
Lot 50, according to Registered Plan 51M-367.
PIN #74057-0222 (Lt)
Lot 51, according to Registered Plan 51 M-367.
PIN #74057-0221 (Lt)
Lot 52, according to Registered Plan 51 M-367.
PIN #74057-0220 (Lt)
Lot 53, according to Registered Plan 51M-367.
PIN #74057-0219 (Lt)
Lot 54, according to Registered Plan 51M-367.
PIN #74057-0218 (Lt)
Lot 55, according to Registered Plan 51M-367.
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DESCRIPTION OF LANDS (cont'd.):
PIN #74057-0240 (Lt)
Block 83, according to Registered Plan 51M-367.
PIN #74057-0239 (Lt)
Block 85, according to Registered Plan 51M-367.
PIN #58533-0060 (Lt)
Block 82, according to Registered Plan 51M-367.
PIN #58533-0059 (Lt)
Block 84, according to Registered Plan 51M-367.
PIN #58533-0061 (Lt)
Lot 34, according to Registered Plan 51M-367.
PIN #58533-0062 (Lt)
Lot 33, according to Registered Plan 51M-367.
All in the Township of Oro-Medonte, formerly in the
Township of Oro, County of Simcoe
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NOTE:
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APPENDIX "A"
It is understood and agreed that this Appendix forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS
LTD.
PLAN OF SUBDIVISION
51 R-31153
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APPENDIX "B"
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NOTE:
It is understood and agreed that this Appendix forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS
LTD.
WORKS TO BE CONSTRUCTED
- Complete roadway construction, including excavation, granular roadbed materials,
curb and gutter, as required, two lifts of asphalt, topsoil and seeded boulevards with
sod, and erosion control measures, as required.
- Storm drainage works, including ditches, culverts and storm sewer.
- Water works, including hydrants, valves and services.
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- Street and traffic signs.
Underground hydro, telephone and street lighting.
Parkland.
All of the above works are incorporated onto the following Engineering Drawings
prepared by C. C. Tatham and Associates Ltd., Project No. 300231, Municipal Affairs
No. 43T-86031.
Drawing No. Description
G-1 General Notes and Details
G-5 Grading Plan
G-9 Storm Drainage Area Plan
G-12 Grading Plan and Septic Beds
G-13 Grading Plan and Septic Beds
G-14 Grading Plan and Septic Beds
e P-17 Plan and Profile - Ironwood Trail
ST A. 0+00 - ST A. 0+280
P-18 Plan and Profile - Ironwood Trail
STA. 0+280 - STA. 0+480
P-19 Plan and Profile - Ironwood Trail
ST A. 0+480 - ST A. 0+629.58
P-20 Plan and Profile - Ironwood Trail
STA. 0+629.58 - STA. 0+740
P-23 Plan and Profile - Ash Court
STA. 0+007.275 - STA. 0+100
P-25 Plan and Profile - 6th Line Road
ST A. 0+00 - ST A. 0+343.490
P-26 Plan and Profile - 6th Line Road
ST A. 0+343.490 - ST A. 0+489.990
W-4 Water Distribution and Phasing Plan
D-1 Details
D-2 Details
D-3 Water Main Details
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The above-referenced Drawings were stamped, as accepted, by the Township
Engineers, R. G. Robinson and Associates (Barrie) Ltd. on June 18, 2002.
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APPENDIX "c"
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NOTE:
It is understood and agreed that this Appendix forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS
LTD.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE
WORKS
The following list summarizes the cost estimate of the major works, but is not
necessarily inclusive:
Section A Section B Section C
e A) Roadway construction complete,
including clearing, granular road base,
concrete curb, base and surface
course asphalt...................................$ ------- $327,564 $305,845
B) Storm Drainage works complete,
including storm sewers, ditch inlet
catch basins, culverts, topsoil, seed
and mulch, sod, ditching and siltation
and erosion control devices................. ..$17,560 $ 67,710 $108,255
C) Miscellaneous items, such as street
name and regulatory signs....................$ ------- $ 750 $ 5,750
D) Electrical supply, including street lights,
control panels and duct crossings..........$ 3,000 $ 19,500 $ 21,000
E) Parkland works, including grading,
trees, fence and park sign.......... .... .. ...$ $ $
e F) Water mains complete, including
hydrants, valves and services...............$27,600 $ 64,800 $ 88,400
SUB-TOTAL.............. ..................... ...$48,160 $480,324 $529,250
Allowance for Engineering and $ 72,048.10 $ 79,387.50
Supervision................................ ....$ 7,224
7% G.S.T..........................................$ 3,876.88 $ 38,666.08 $ 42,604.63
TOTAL COST.......... ..................... .....$59,260.88 $591,038.68 $651,242.13
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APPENDIX "D"
NOTE:
It is understood and agreed that this Appendix forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS
LTD.
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES
& LIST OF LOTS REQUIRING SPECIAL ATTENTION
- See Clause 42 of the Agreement, which sets out specific requirements for all lots on
the Plan, in order to obtain a Building Permit for each and every lot.
- Lots 1, 2,15,16,17,27,59 and Block 80 are engineered-filled lots requiring
geotechnical verification and structural design foundations.
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APPENDIX "E"
NOTE:
It is understood and agreed that this Appendix forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS
LTD.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of TWO DOLLARS ($2.00) and
the cost of preparation, execution and registration thereof, shall be borne by the
Developer.
All documents to be registered, shall be prior approved by the solicitor for the Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
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APPENDIX "F"
NOTE:
It is understood and agreed that this Appendix fonns part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND MONICA
INTERIOR DESIGN LTD. AND MODCO INVESTMENTS LTD.
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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 Pennit 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 Pennit 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 Pennit with respect to each lot upon which educational development
charges are payable; and
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(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 Pennit 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 ofthis
subdivision by the County of Simcoe or by a Public Utility Commission pursuant to the
Development CharKes Act, 1997, which may impose a charge on the development of the lands
within the plan of subdivision;
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Also, please be advised that the above-referenced By-Laws enacted pursuant to the Development
CharKes 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.
The parties hereto agree that the Developer Credits shall provide services or works in the nature
of road improvements as more particularly set out in the agreement dated September 27, 1994
between the Township, the Developer, 767987 Ontario Limited, 850892 Ontario Limited and
Indian Park Association.
The Township agrees that the road improvements constitute a credit from development charges
payable pursuant to By-law 99-081 of the Township ofOro-Medonte as contemplated by section
38 of the Development CharKes Act, 1997.
The parties agree that the value of the credit as detennined results in a net development charge
payable per lot pursuant to By-law 99-081 of the Township of Oro-Medonte in the amount of
$2,000.00.
The Township agrees that the credit is given with respect to all services set out in By-law 99-081
as contemplated by Subsection 39(3) of the Development CharKes Act, 1997.
e The parties agree that the credit may be transferred through request by the Developer in writing
to the Township to another person on receipt of acknowledgment by the Township as provided
for in Section 40 of the Development CharKes Act, 1997.
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APPENDIX "G"
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION
DEVELOPER
CONSULTING ENGINEER
As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE AND MONICA INTERIOR DESIGN LTD. AND MODCO
INVESTMENTS LTD.
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
c)
Grading, topsoiling and seeding of private blocks and parks on or before_
d) Boulevard sodding on all roads on or before
e) Hot asphalt on or before
f) Planting of trees on or before
2. The Developer further agrees that the Township is hereby authorized to carry
out, at his expense, any of the work set out in this Declaration not finished on or
before the completion dates, to be commenced not sooner than one week
following such completion date, it being understood and agreed that the
Township's 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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APPENDIX "H"
NOTE:
It is understood and agreed that this Appendix forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS
LTD.
GENERAL LOCATION AND LOT GRADING PLANS
PROCEDURE
After the General Location and Lot Grading Plan have been approved by the Township,
then:
a) six copies to be delivered to the solicitor for the Township.
e b) six copies to be delivered to the Township.
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c) Mylars for each Plan incorporated into the Subdivision Agreement shall be delivered
to the solicitor for the Township.
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APPENDIX "I"
SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
DA TE OF ISSUE:
NAME OF BANK:
ADDRESS OF BANK:
LETTER OF CREDIT NO.:
AMOUNT: $
Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform
Customs and Practices for Documentary Credits (1993 Revision), being ICC Publication No.
UCP 500.
TO:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
P.O. Box 100, Oro Ontario, LOL 2XO
We hereby authorize you to draw on the Bank of
Ontario, , for the account of
, up to an aggregate amount of , ($$$$$$$$)
which is available on demand.
Pursuant to the request of our said customer, , we, the Bank of
, , Ontario, , hereby establish and
give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may be
drawn on by you at any time and from time to time, upon written demand for payment made
upon us by you which demand we shall honour without enquiring whether you have the right as
between yourself and our said customer to make such demand and without recognizing any
claim of our said customer or objection by them to payment by us.
Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of
the Township of Oro-Medonte. The original Letter of Credit must be presented to us at : Bank of
, , Ontario, . The Letter of Credit, we
understand, relates to a Subdivision Agreement between our said customer and the Corporation
of the Township of Oro-Medonte, with Mortgage Company, as a third party, regarding
subdivision of
(property description)
The amount of this Letter of Credit may be reduced from time to time, as advised by notice in
writing, given to us by an authorized signing officer of the Corporation of the Township of Oro-
Medonte.
Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of
Credit will be duly honoured upon demand.
This Letter of Credit will continue in force for a period of one year, but shall be subject to the
condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to
be automatically extended without amendment from year to year, from the present or any future
expiration date hereof, unless at least thirty (30) days prior to the present, or any future
expiration date, we notify you in writing by registered mail that we elect not to consider this
Letter of Credit to be renewable for any additional period.
Dated at
, Ontario, this
20
day of
Authorized Signature
Authorized Signature
Bank of
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SCHEDULE "K"
ST ANDARDS FOR DEVELOPMENT AND SERVICING FOR PHASE 3, STAGE IV
OF THE SUBDIVISION, BEING PARTS 1 TO 27, LOTS 33,34,44,47 - 55, 59 - 63,
BLOCKS 79,80,82 AND 85 INCLUSIVE
1.
The Developer's Consulting Engineers shall prepare final "as constructed" mylar
drawings, which will include the following with regards 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.
· It is the Developer's responsibility to ensure that all drawing changes occurring
throughout the approvals 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 YER/LEVEL PLAN OF SUB
LINE TYPE
CONTINUOUS
COLOUR YELLOW (2)
· The text, which describes the property lot numbers for the Plan of Subdivision, will
be isolated on a unique layer/level. The lot number will be inserted as descriptive
text.
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.
2. 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:
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1950 Hwy. #7 West
Building "C", Unit #1
CONCORD, Ontario
L4K 1 W5
(905) 669-4011
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.
3. The Developer agrees to advise all prospective purchasers that there are no schools
planned within the subdivision or within walking distance of it and that enrollment within
the designated public and Catholic school sites in the community is not guaranteed and
that pupils may be transported to facilities outside of the neighborhood schools area.
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4.
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.
The Developer covenants and agrees that no work shall be perfonned on the said lands,
except in conformity with:
4.1 The provisions of this Schedule, and this amended Agreement, including the
Appendixes hereinafter referred to;
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
following:
Drawing No. Description
G-1 General Notes and Details
G-5 Grading Plan
G-9 Storm Drainage Area Plan
G-12 Grading Plan and Septic Beds
G-13 Grading Plan and Septic Beds
G-14 Grading Plan and Septic Beds
P-17 Plan and Profile - Ironwood Trail
e ST A. 0+00 - ST A. 0+280
P-18 Plan and Profile - Ironwood Trail
ST A. 0+280 - ST A. 0+480
P-19 Plan and Profile - Ironwood Trail
ST A. 0+480 - ST A. 0+629.58
P-20 Plan and Profile - Ironwood Trail
STA. 0+629.58 - STA. 0+740
P-23 Plan and Profile - Ash Court
STA. 0+007.275 - STA. 0+100
P-25 Plan and Profile - 6th Line Road
STA. 0+00 - STA. 0+343.490
P-26 Plan and Profile - 6th Line Road
STA. 0+343.490 - STA. 0+489.990
W-4 Water Distribution and Phasing Plan
D-1 Details
D-2 Details
D-3 Water Main Details
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4.3 All Plans and Specifications submitted to and accepted by:
4.3.1 The Ministry of the Environment;
4.3.2
Electricity Distribution Company;
4.3.3 The Township;
4.3.4 County of Simcoe.
4.4 All applicable Township By-laws - including any applicable Site Plan Control
By-laws;
4.5 All applicable Provincial and Federal Legislation including the Federal Fisheries
Act.
5. The following Appendices are attached to form part of this Schedule:
Appendix "A" -
Description of Phase IV, Stage 4 Lands being Subdivided
under this Schedule
Appendix "B" -
Works to be Constructed
Appendix "C" -
Itemized Estimates of Cost of Construction of Each
Part of the Works
Appendix "D" -
List of Lots Unsuitable for Building Purposes and/or
Requiring Special Attention
Appendix "E" -
Deeds and Easements to be Conveyed
Appendix "F" -
Development Charges
Appendix "G" -
Declaration of Progress and Completion
Appendix "H" -
General Location and Lot Grading Plans
Appendix "I" -
Standard Township Letter of Credit
6.
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 FIVE THOUSAND, FIVE
HUNDRED DOLLARS ($5,500.00) upon submitting a Plan to the Township for
consideration to be applied to account of such costs. As accounts are received from the
Township Planner, lawyer, and Engineer, they will be paid by the Township and then
submitted to the Developer for reimbursement within thirty (30) days, so that the initial
deposit will again be built up to enable the Township to pay the next accounts as they are
received. In the event that the deposit is drawn down to a level of 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 would be in
default of this Schedule and the Township may, without notice, invoke default provisions
as set out in this Schedule.
7.
Any Letter of Credit or security filed with the Township is based upon the estimated cost
of completing the various matters prescribed in Appendix "C" of this Schedule.
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 tenns of this Schedule, 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
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terms of this Schedule, as well as development charges and costs to acquire lands or
interest therein.
8.
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 R.S.O. 1990, c.C.30, this will
constitute a default and entitle the Township to realize upon its security.
9. INSURANCE CERTIFICATE AND POLICY
9.1 Policy ofInsurance - The Developer shaH lodge with the Township, on or prior to
the execution of the Agreement, an insurance certificate with an Insurance
Company satisfactory to the Township (which said approval shall not be
unreasonably withheld or delayed) and insuring for the joint benefit of the
Developer and the Township, against any liability that may arise out of the
construction or instaHation of any work to be performed pursuant to this Schedule
and for a period of one (1) year after completion and acceptance of the Township
services to be constructed herein.
9.2 Comprehensive General Liability - Such policy shaH 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 shaH 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
9.3 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.
9.4
Celiificate of Coverage - Any certificate of coverage filed with the Township
Clerk shaH specificaHy contain their confirmation that coverage includes (a), (b),
(c ), (d) and (e) above are in effect.
9.5 Confirmation of Premium Payment - The Developer shall, from time to time, as
required by the Township, provide confinnation 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.
9.6 Claim in Excess of Policy Limits - The issuance of such Policy oflnsurance 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.
10.
The works to be installed are set out in Appendix "C" of this Schedule.
11.
The Developer shall plant two (2) 2.4 metre or taller hardwood trees, of a minimum of 50
mm caliper, on each lot having less than three (3) trees in the front yarde s) if required by
the Township. The type of trees must be satisfactory to the Township.
DEFINITIONS
For the purposes of this Schedule:
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The term "Underground Services" shall mean the storm drainage works
(including culverts and storm sewer), water works, underground electrical
distribution system and streetlighting serving the Plan of Subdivision, as
more particularly described in Appendix "C" to this Schedule;
The tenn "Municipal Underground Services" shall mean the stonn
drainage works (including culverts and stonn sewer) water works,
and street lighting serving the Plan of the Subdivision;
The tenn "Certificate of Substantial Completion and Acceptance
(Underground Services)" shall mean a Certificate issued by the
Township upon the recommendation of the Township Engineer
confirming that the Underground Services to be installed by the
Developer under the provisions of this Schedule, as more
particularly identified in Appendix "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
(Underground Services) shall not constitute an assumption of the
Municipal Underground Services by the Township;
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The term "Certificate of Maintenance and Final Acceptance
(Underground Services)" shall mean a Certificate issued by the
Township upon the recommendation of the Township Engineer
confinning that the Municipal Underground Services constructed
by the Developer, in accordance with the tenns of this Schedule,
and as more particularly identified in Appendix "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;
The tenn "Aboveground Services" shall mean all municipal
services to be constructed by the Developer pursuant to the tenns
of this Schedule, as more particularly identified in Appendix "C",
excluding Underground Services;
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The tenn "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 Schedule, as more
particularly identified in Appendix "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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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 Schedule, and as
more particularly identified in Appendix "C", have been
satisfactorily completed and maintained by the Developer during
the two (2) year maintenance period, and issuance of the said
Certificate shall constitute final acceptance and assumption of the
Aboveground Services by the Township;
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The tenn "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 Schedule require;
The tenn "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 Schedule require.
13. Any lot, which will require special attention in order to be serviced, will be listed
on Appendix "D" of this Schedule. Prior to the issuance of a building pennit for
any lot listed in Appendix "D", the Developer's Engineer must submit a letter to
the Township Engineer outlining the measures to be taken to correct the problems
on the lot. This proposal must be approved prior to applying for a building
pennit.
14.
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 tenns 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 pennission 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 pennitted to be installed and no Building Pennits issued until this approval has
been received and additional securities deposited. When fitly (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.
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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 lots on the subdivision or stage of the subdivision
have completed dwellings erected therein and Occupancy Pennits 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.
Phase 3, Stage IV Phasing
Section "A" Lots 33, 34,44 Reg Plan M-367
Blk 82, 83, 84, 85, RP M-367
Part 6 & 7 51R-17872
Part 5 & 9 51R-31153
Section "B" Part 16,15,17,14,13,12,11,10,8,7,24,23,22,21,20,19,18,
51R-31153, Blocks 79 and 80
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Section "C" Lot 47-55; M-367
Lots 59-63 M-367
Part 1,2,3,4,6,25,26,27 51R-31153
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Document General
Form 4 - land Registration Reform Act
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(9) This Document relates to instrument number(s)
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Date 01 Signature
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