2002-034 To authorize the Execution of a Pre-Service Agreement with Arbourwood Estates Ltd., Phase II
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-034
Being a By-law to Authorize the Execution of a Pre-Service Agreement
(Arbourwood Estates Ltd. - Phase II)
WHEREAS Section 51, Subsection (26) of the Planning Act, RS.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;
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AND WHEREAS, pursuant to By-law #97-86 of the Township of Oro-Medonte, it is
deemed desirable for the Township to enter into a Pre-Service Agreement with the
Owner (Arbourwood Estates Ltd.), for Phase /I of the development, being Parcel 3-1,
Section 51-0ro-Range-2, being Part of Lot 3, Range 2, designated as Part 1, Plan 51 R-
23269, subject to a right-of-way over Part of Lot 3, Range 2, designated as Part 1, Plan
51 R-29259 in favour of those lands described as Part Lot 2, Range 2, designated as
Part 1, Plan 51 R-29258 as in Lt 425448, Township of Oro-Medonte (formerly Township
of Oro), County of Simcoe, being all of PIN #58552-0088 (Lt).
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 Pre-Service 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-
Service Agreement against the owners.
3. That this By-Law shall come into force and take effect on the final passing
thereof.
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By-Law read a first and second time this 3rd day of April, 2002.
By-Law read a third time and finally passed this 3 rd day of April, 2002.
THE CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE
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Acti g Mayor, J. Neil Cr .
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lifi--1 Province.
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Document General
Form 4 - Land Registration Reform Act
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(10) Party(ies) (Set out Status or Interest)
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SCHEDULE A
4rn 51M-696
Lot 25 - 58552-0191
Lot 26 - 58552-0192
Lot 27 - 58552-0193
Lot 28 - 58552-0194
Lot 29 - 58552-0195
Lot 30 - 58552-0196
Lot 31 - 58552-0197
Lot 32 - 58552-0198
Lot 33 - 58552-0199
Lot 34 - 58552-0200
Lot 35 - 58552-0201
Lot 36 - 58552-0202
Lot 37 - 58552-0203
Lot 38 - 58552-0204
Lot 39 - 58552-0205
Lot 40 - 58552-0206
Lot 41 - 58552-0207
at 42 - 58552-0208
~t 43 - 58552-0209
Lot 44 - 58552-0210
Lot 45 - 58552-0211
Lot 46 - 58552-0212
Lot 47 - 58552-0213
Lot 48 - 58552-0214
Lot 49 - 58552-0215
Lot 50 - 58552-0216
Lot 51- 58552-0217
Lot 52 - 58552-0218
Lot 53 - 58552-0219
Lot 54 - 58552-0220
Lot 55 - 58552-0221
Lot 56 - 58552-0222
Lot 57 - 58552-0223
Lot 58 - 58552-0224
Lot 59 - 58552-0225
at 60 - 58552-0226
.t 61- 58552-0227
Lot 62 - 58552-0228
Lot 63 - 58552-0229
Lot 64 - 58552-0230
Lot 65 - 58552-0231
Lot 66 - 58552-0232
Lot 67 - 58552-0233
Lot 68 - 58552-0234
Lot 69 - 58552-0235
Lot 70 - 58552-0236
Lot 71 - 58552-0237
Lot 72 - 58552-0238
Lot 73 - 58552-0239
Lot 74 - 58552-0240
Lot 75 - 58552-0241
Lot 76 - 58552-0242
Lot 77 - 58552-0243
Lot 78 - 58552-0244
Lot 79 - 58552-0245
Lot 80 - 58552-0246
Lot 81 - 58552-0247
Lot 82 - 58552-0248
Lot 83 - 58552-0249
Lot 84 - 58552-0250
Lot 85 - 58552-0251
Lot 86 - 58552-0252
Lot 87 - 58552-0253
Lot 88 - 58552-0254
Lot 89 - 58552-0255
Lot 90 - 58552-0256
Lot 91 - 58552-0257
Lot 92 - 58552-0258
Lot 93 - 58552-0259
Lot 94 - 58552-0260
Lot 95 - 58552-0261
Lot 96 - 58552-0262
Lot 97 - 58552-0263
Lot 98 - 58552-0264
Lot 99 - 58552-0265
Lot 100-58552-0266
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Schedule "A" to By-law No. 2002-034
PRE-SERVICING AGREEMENT
PHASE II
- between -
ARBOURWOOD ESTATES lTD.
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
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e March, 2002
By-Law No.
DESCRIPTION OF LANDS
Parcel 3-1, Section 51-0ro-Range-2
Being Part of Lot 3, Range 2
Designated as Part 1, Plan 51 R-23269
SUBJECT TO a right-of-way over Part Lot 3, Range 2
Designated as Part 1, Plan 51 R-29259 in favour of
those lands described as Part Lot 2, Range 2
Designated as Part 1, Plan 51 R-29258 as in Lt 425448
Township of Oro-Medonte (formerly Township of Oro)
County of Simcoe
Being all of PIN #58552-0088 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
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PRE-SERVICING AGREEMENT
THIS AGREEMENT MADE BETWEEN:
The Corporation of the Township of
Oro-Medonte
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(hereinafter called the "Township")
- and -
Arbourwood Estates Ltd.
(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 with
the Subdivision Lands, prior to the registration of the Plan of Subdivision and the
execution of the Subdivision Agreement with the Township;
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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.
e 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.
1.4
The Developer acknowledges and agrees this approval relates only to the
installation of the following Township services:
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1. Installation of water mains and water services on Bass Wood Circle and Red
Oak Crest (Phase II).
2. Road works, including drainage, on Bass Wood Circle and Red Oak Crest
(Phase II).
3. Storm retention pond.
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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.
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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.
1.8 The Developer acknowledges and agrees that no building permits will be issued
for Phase II of the development until all conditions of the Subdivision Agreement
have been fulfilled for Phase II.
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
e services confirming:
1. Retainer - That their firm has been retained by the Developers to act as
consulting engineers for Arbourwood Estates Ltd.
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;
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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 - Insure 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.
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h) Erosion and Siltation Control - Insure 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.
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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;
e 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 for the sum of
Four Thousand, Five Hundred Dollars ($4,500.00). 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 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 for the warranty periods to be more particularly described in the
e 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) 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.
e 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
e 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.
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4. APPLICATION OF SECURITY
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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
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
e 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
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:
Mr. Frank Reiss
123 Sheppard Avenue East
TORONTO, Ontario
M2N 6A3
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and such notice shall be deemed to have been given and received on the third
day after mailing.
8.
NO ASSIGNMENT
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.
IN WITNESS WHEREOF the Developer has hereunto set its hands and seals this
day of 2002.
Per:
Frank Reiss, President
Arbourwood Estates Ltd.
IN WITNESS WHEREOF the Township has hereunto sets its hands and seals this 3 rd
day of April ,2002.
e THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per:
J. Neil Craig, Acting Mayor
Per:
Marilyn Pennycook, Clerk
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SCHEDULE "A"
DESCRIPTION OF LANDS:
Parcel 3-1, Section 51-0ro-Range-2, being Part of Lot 3, Range 2, designated as
Part 1, Plan 51 R-23269, SUBJECT TO a right-of-way over Part Lot 3, Range 2,
designated as Part 1, Plan 51 R-29259 in favour of those lands described as Part
Lot 2, Range 2, designated as Part 1, Plan 51 R-29258 as in Lt 425448, being all of
PIN #58552-0088 (Lt), Township of Oro-Medonte (formerly Township of Oro),
County of Simcoe.
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SCHEDULE "B"
CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP:
1.
$ 20,000.00
2.
$
TOTAL CASH DEPOSITS TO THE TOWNSHIP
$ 20,000.00
SECURITY TO BE DEPOSITED WITH THE TOWNSHIP:
$ 20,000.00
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SCHEDULE"C"
SUBDIVISION AGREEMENT -STANDARD FOR THE TOWNSHIP
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
DATE 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
day of
20
Authorized Signature
Authorized Signature
Bank of