2000-058 To authorize a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Bachly Investments Inc. (Heights of Moonstone)
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LA W NO. 2000-58
Being a By-law to Authorize a Subdivision Agreement between the
Corporation of the Township of Oro-Medonte and Bachly Investments Inc.
(Heights of Moonstone)
WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990
Chapter P 13r 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 a proposed plan of subdivision was draft and numbered by
the Ministry of Municipal Affairs and Housing as 43-T-89029 on land
described as:
The West Half of Lot 15, Concession 8r in the Township of Oro-Medonte
(formerly Township of Medonte, County of Simcoe.
AND WHEREAS is deemed appropriate that the subdivision agreement be
registered on title;
AND WHEREAS Council deems it advisable and expedient to enter into a
Subdivision Agreement with the owner of the property, Bachly Investments
Inc.
NOW THEREFORE the Council for the Corporation of the Township of Oro-
Medonte hereby enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute on behalf the
The Corporation of the Township of Oro-Medonte a Subdivision
Agreement, a copy of which is attached hereto and forms part of this By-
law as Appendix \' A".
2. That the Township of Oro-Medonte shall be entitled to enforce the
provisions of the Subdivision Agreement against the owners and any and
all subsequent owners of the land.
BY-LAW READ A FIRST AND SECOND TIME THIS 28TH DAY OF JUNE,
2000.
BY-LAW READ A THIRD AND FINAL TIME THIS 28TH DAY OF JUNE, 2000.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
_ ~"L~ /J:~"'A ;1
Mayor, Ian Beard 7 .
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Acting Clerk, Vicki I. Robertson
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a SUBDIVISION AGREEMENT
- between -
BACHL Y INVESTMENTS INC.
HEIGHTS OF MOONSTONE
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
DESCRIPTION OF LANDS
West Half of Lot 15, Concession 8
Plan 51M-
Township of Oro-Medonte (formerly Medonte)
County of Simcoe
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
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April 2000
By-Law No. 1997-85
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Part 1
Part 2
Part 3
Part 4
Part 5
Part 6
Part 7
Part 8
Part 9
Part 1 0
Schedule "A"
Schedule "B" -
Schedule "c" -
Schedule "0"
Schedule "E" -
Schedule "F" -
Schedule "G"
Schedule "H" -
Schedule "I" -
Schedule "J" -
Schedule "K" -
TOWNSHIP OF ORO-MEDONTE
SUBDIVISION AGREEMENT
TABLE OF CONTENTS
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General Requirements
Lands, Plans and Representatives
Requirements Prior to Execution of the Agreement
Pre-Construction Requirements
Financial Requirements
Staging or Phasing
Construction Requirements
Building Permits and Occupancy
Maintenance and Acceptance
Default Provisions
SCHEDULES
Description of Lands Being Subdivided
Plan of Subdivision
Works to be Constructed
Item ized Estimate of Cost of Construction of Each
Part of the Works
List of Lots Unsuitable for Building Purposes
and/or Requiring Special Attention
Development Charges
Deeds and Easements to be Conveyed
Parkland
Declaration of Progress and Completion
General Location and Lot Grading Plans
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Standard Township Letter of Credit
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TOWNSHIP OF ORO-MEDONTE
THIS AGREEMENT made as of the
day of
,2000.
BETWEEN:
BACHL Y INVESTMENT INC.
HEIGHTS OF MOONSTONE
(hereinafter called the "Developer")
OF THE FIRST PART
AND
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the "Township")
OF THE SECOND PART
WHEREAS the lands affected by this Agreement are the lands described in Schedule "A" hereto
annexed, and are also shown on the Plan of Subdivision attached to and forming part of this Agreement
as Schedule "B" and collectively are herein referred to as the "said lands";
AND WHEREAS a Draft Plan with Conditions (43-T-89029) has been issued for the proposed
subdivision, which requires that the Developer must satisfy all the requirements financial and otherwise
of the Township, including the provisions of certain Municipal Services;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and
for other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of
Canada now paid by the Township to the Developer (the receipt whereof is hereby acknowledged), THE
DEVELOPER AND THE TOWNSHIP HEREBY COVENANT AND AGREE WITH ONE
ANOTHER AS FOLLOWS:
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PART - 1
GENERAL REQUIREMENTS
1.1. DEVELOPER'S CONSULTING ENGINEERS
The Developer shall employ engineers registered and in good standing with the Association of
Professional Engineers of Ontario:
1.1.1 to prepare designs in accordance with the Township of Oro-Medonte Engineering
Standards and Drawings (dated June 1997);
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1.1.2 to prepare and furnish all required drawings and specifications;
1.1.3 to prepare the necessary contract(s) and provide contract administration;
1.1.4 to obtain the necessary approvals in conjunction with the Township, from the Ministry of
the Environment, the Ministry of Natural Resources, the Ministry of Transportation -
Ontario, the Simcoe County District Health Unit and utility companies or as a result of
legislative or procedural change, the ministries shall be deemed to be the Ministry of
Municipal Affairs and Housing, as well as the Council of the Township of Oro-Medonte
or the Chief Building Official.. This will also pertain to Sections 2.4.3, 3.1.11, 8.1 and
8.2.
1.1.5 to act as the Developer's representative in all matters pertaining to the subdivision;
1.1.6 to provide co-ordination in scheduling to comply with the timing provisions of this
Agreement and the requirements of the Township Engineer, for all the work specified in
this Agreement;
1.1.7 to provide supervision during constmction of all the services;
1.1.8 to ensure that the work involved in construction of the services IS carried out by
construction methods confonning to acceptable engineering practice;
1.1.9 to maintain records of constmction which shall be available for inspection or copy by the
Township;
1.1.10 to prepare final "as constmcted" mylar drawings which will include the following with
regard to provision of a digital Plan of Subdivision:
"completed digital Plan of Subdivisions must be in AutoCAD 12 drawing format or DXF
and be delivered on a 1.44 MB floppy diskette. Two copies of each Plan of Subdivision
are required on separate diskettes.
Each diskette must be labelled identifying the legal property description, developer's
name, file name, and date delivered.
PKZIP Release 2.04G may be used to perfonn file compression ifrequired.
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 fonn
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.
The file may contain duplicate line work, however, when all other layers are turned off,
the PLAN OF SUB layer/level will outline the property boundaries in the fonn of
enclosed polygons.
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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.
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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";
1.1.11 to furnish the Township with a certificate with respect to each lot or building block for
which a Building Permit application is made, certifying that the proposed construction is
in conformity with the General Location and Lot Grading plan or with an approved
variation; (Note: That a professional engineer could also be retained to provide the
aforementioned and any cost incurred by the Township will be the responsibility of the
Developer or individual lot owner);
1.1.12 to prepare and provide the Township, for each lot or block within the plan, a certificate
of final grade elevation, indicating that the property has been developed in conformity
with the General Location and Lot Grading plan or with an approved variation (Note that
a professional engineer could also be retained to provide the aforementioned and any
costs incurred by the Township will be the responsibility of the Developer or individual
lot owner);
NOTE: In the case of lots built on after the sale or transfer by the Developer, the
Township reserves the right to request a similar certificate as required under 1.1.11 and 1.1.12,
but it may be provided by a Professional Engineer, other than the Developer's Consulting
Engineer. If the Township has their Engineer prepare the Certificate, the cost of the work will be
deducted from the final occupancy and lot grading deposit and will become the responsibility of
the individual lot owner.
1.2 LEGAL NOTICE TO DEVELOPER
Any notice required to be given hereunder may be given by registered mail addressed to the
Developer at his principal place of business and shall be effective as of the date of the deposit
thereof in the post office, as follows:
Dave Bachly
Box 29, Brownsville Junction
Schomberg, Ontario LOG 1 TO
905-939-7700
In which case, notice shall be effective as of the time and date of successful transmission thereof.
The Developer shall be responsible for notifying the Township Clerk in writing of any change(s)
in his principal place of business.
1.3 REGISTRATION
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The Developer consents to the registration of the Subdivision Agreement by the Township and at
the sole discretion of the Township upon the title of the lands, the registration expenses shall be
included as a legal expense to the Developer..
1.4
VOIDING AGREEMENT
In the event that the Plan is not registered within one year from the date of signing this
Agreement. the Township may at its option, declare this Agreement to be null and void.
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1.5
LANDS FOR MUNICIPAL PURPOSES
The Developer agrees to grant good title in fee simple free and clear from all encumbrances unto
the Township, lands for municipal purposes other than roads, which shall be mutually agreed
upon by the Developer and the Township or to make a cash payment in lieu thereof, as provided
by the Planning Act and required by the Ministry of Municipal Affairs and Housing. The
Developer also agrees to certify good title to lands by the Developer's Solicitor. The deeds for
the said lands are to be approved by the Township's Solicitor and thereafter, forthwith, registered
and deposited with the Township Clerk. The cost for preparation and registration of the said
deeds shall be paid by the Developer. The Developer shall provide to the Township's solicitor
certification of good title, free and clear from all encumbrances.
1.6
EASEMENTS
The Developer agrees to grant at his expense all such easements and rights-of-ways as may be
required for the installation and supply of services to the subdivision and to deed lands to the
Township, as set out in Schedule "G". The Developer also agrees to certify good title to
easements and right-of-ways by the Developer's Solicitor. Prior to executing this agreement, all
known easements shall be filed with the Township in a form approved by the Township's
Solicitor.
A list of easements and rights-of-way shall be set out in Schedule "G" of this Agreement.
~~a '0 O'\v
61' TARIQ twDRD AND BELL CANADA
Prior to the Township releasing ~~~C~ta~ Plan for registration, the Developer shall provide
the Township with a letter from .-0;/, 0 and from Bell Canada, stating that the Developer
has entered into a satisfactory agreement with them with respec~he costs of installing
underground wiring and financial contributions in this regard. <<~:
h f I. .. ~~ d/ - k II C d h. h
T e cost 0 any re ocatIOns or reVISIOns to 0 an or tie ana a w IC are
necessary to accommodate this subdivision, shall be borne by the Developer.
1.8 SIMCOE COUNTY BOARDS OF EDUCATION WARNING
The Developer agrees to advise all prospective purchasers that enrolment within the designated
public school sites in the community is not guaranteed and that pupils may be accommodated in
temporary facilities and/or be directed to facilities outside of the area.
This clause is to be placed in any agreement of purchase and sale entered into with respect to any
lots on this Plan of Subdivision. The clause should remain in perpetuity as lots may not be sold
or built upon for some time.
1.9 CANADA POST
The Developer agrees to construct a site to the specifications and standards of Canada Post and
the Township, as required for the construction of mailboxes by Canada Post.
1.10 MINISTRY OF THE ENVIRONMENT
1.11
The Developer and each individual lot owner, agrees to comply with the requirements and
recommendations of the hydrogeologist's report prepared by Morrison Environmental, dated
March 1998;
WARNING TO PROSPECTIVE LOT DEVELOPERS
The Developer shall provide copies of sections 1.1.11,1.1.12 & Note of 1.1,1.8,1.9,1.10,5.7.2,
7.3,7.9,7.16,8.1. 8.2, 8.3, 8.4, 8.5 and 9.8 to each prospective purchaser of a lot(s).
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1.13
] .12 SAVE HARMLESS
The Developer covenants and agrees with the Township, on behalf of itself, its successors and
assigns, to indemnify and save harmless the Township, its servants and agents from and against
any and all actions, suits, claims and demands whatsoever, which may arise either directly or
indirectly by reason of any work perfonned by the provisions of this Agreement.
The Developer further covenants and agrees to release and forever discharge the Township from
and against all claims, demands, causes of actions, of every nature and type whatsoever that may
arise either as a result of the failure of the Township to carry out any of its obligations under this
Agreement, or, as a result of the Township perfonning any municipal work on the said lands or
the adjacent properties which may damage or interfere with the works of the Developer, provided
that such default, failure or neglect was not caused as a result of negligence on the part of the
Township, its servants or agents.
ENUREMENT
This agreement shall endure to the benefit of and be binding upon the parties and their heirs,
executors, administrators, successors and assigns.
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PART 2
THE LANDS, PLANS, AND REPRESENT A TIONS
2. I SCOPE OF AGREEMENT
2.2
DESCRIPTION OF LANDS - The lands affected by this Agreement are the lands described in
Schedule "A" hereto.
2.3
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PLAN REFERENCE - For the purpose of this Agreement, references are made to the Plan of
Subdivision attached hereto as Schedule "B". Any further changes in the said Plan, or any
changes in the Conditions of Draft Approval, issued by the Ministry of Municipal Affairs and
Housing, may necessitate a change in the provisions of this Agreement.
2.4 CONFORMITY WITH AGREEMENT - The Developer covenants and agrees that no work shall
be performed on the said lands except in conformity with:
2.4.1) the provisions of this Agreement, including the Schedules hereinafter referred to;
2.4.2) the Plans and Specifications submitted to and accepted by the Township as being within
its design criteria including, without limiting the generality of the foregoing, the
following:
Drawin~ No.
I
IA
IB
PI
P2
P3
P4
P5
P6
P7
P8
P9
PIO
Pll
PI2
PI3
PI4
GR-I
GR-2
GR-3
GR-4
GR-5
GR-6
ST-I
ST-2
U-I
U-2
DI
D2
D3
Station 0+290 - 0+580
Station 0+580 - 0+750.054
Watermain Easements
Grading Plan
Grading Plan
Grading Plan
Grading Plan
Grading Plan
Grading Plan
Storm Drainage and Overland Flow Plan
Storm Drainage and Overland Flow Plan
Utility Coordination Plan
Utility Coordination Plan
Detail Drawing
Detail Drawing
Detail Drawing
Description
General Notes
General Plan
General Plan
Station 0+000 - 0+300
Station 0+300 - 0+580
Station 0+580 - 0+80 1.949
Station 0+000 - 0+288.175
Station 0+000 - 0+300
Station 0+300 - 0+464.034
Station 0-000 - 0+300
Station 0+300 - 0+510
Station 0+510 - 0+600
Station 0+600 - 0+838.366
Station 0+000 0 0+290
8
Bachly Avenue
Bachly Avenue
Bachly Avenue
Jennett Drive
Brechin Crescent
Brechin Crescent
Boyd Crescent
Boyd Crescent
Boyd Crescent
Boyd Crescent
Proposed 200 diameter watermain -
County Road ] 9
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Water Supply & Related Works
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Drawin~ No.
I
2
3
4
5
6
7
8
9
10
11
Site Plan;
Existing Site Layout;
Cross Sections AA & BB;
Proposed Site Layout;
Cross Section CC, DD & EE;
Proposed Pumphouse Details;
Well Pump & Booster Pump and General Notes;
Concrete Storage Tank -Layout and Reinforcing;
Concrete Storage Tank -Sections and Reinforcing;
Single Line Diagram and Control Schematics - Alternatives;
Electrical Site Layout Specifications.
2.4.3) All Plans and Specifications submitted to and accepted by:
2.4.3 .1
2.4.3.2
2.4.3.3
2.4.3.4
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The Ministry of the Environment;
~; ~\~rD
Simcoe County District Health Unit (Health
County of Simcoe
2.4.4) all applicable Township By-laws - including any applicable Site Plan Control By-laws;
2.4.5) all applicable Provincial and Federal Legislation.
2.5 RELIANCE UPON REPRESENT A nONS - The Developer acknowledges that:
2.5.1) it has made representation to the Township that it will complete all municipal and other
works required herein, in accordance with the Plans filed and accepted by the Township
and others, and;
2.5.2) the Township has entered into this Agreement in reliance upon those representations.
2.6 SCHEDULES ATTACHED -
The following schedules are attached to and fonn part of this Agreement:
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
2.7
SUBDIVISION CHANGES
.
Description of Lands Being Subdivided
Plan of Subdivision
Works to be Constructed
Item ized Estimate of Cost of Construction of Each,
Part of the Works
List of Lots Unsuitable for Building Purposes and/or
Requiring Special Attention
Development Charges
Deeds and Easements to be Conveyed
Parkland
Declaration of Progress and Completion
General Location and Lot Grading Plans,
Standard Township Letter of Credit
There shall be no changes in the Schedules attached hereto, or in any Plan accepted by the
Township or others, unless such proposed changes have been submitted to, and approved by, the
Township and the Township Engineer.
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PART-3
REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT
3.1
Prior to the execution of this Subdivision Agreement by the Township, the Developer shall:
3.1.1) Taxes - have paid all Township tax bills issued and outstanding against the said lands,
3.1.2) Deeds and Easements - have delivered to the Township all transfers/deeds,
discharges and easements or other documents required by Schedule "G", as well
as Certification from the Developer's Solicitor that the Transfer/Deeds and
Easements shall provide the Township with good title, free and clear from all
encumbrances,
3.1.3) Cash Deposits, Development Charges & Security - have paid to the Township a1l cash
deposits, development charges and security required by Schedules "0" , "F" & "H",
3.1.4)
Construction/Engineering Plans & Specifications - have supplied to the Township those
Plans and Specifications necessary to identify the construEti . /engineering aspects of the
proposed development, and have received from the To nsilip an acknowledgment of
confonnity with general design concepts of the Townshi~p
~t4r4r!tIQ~ 12./ 0 .
Hydro - have supplied to . , and received their approval of, those plans
necessary to identify the electrical distribution system, lighting requirements, and power
supply to each lot or building or unit, as the case may be, and these are to be to the
required Township standards which includes underground wiring,
3.1.5)
3.1.6) Insurance Certificate - file with the Township Clerk an insurance certificate confinning
those coverages specifically set out hereafter,
3.1.7) Consulting Engineer's Letter - ensure that each Consulting Engineer (who must be
experienced in the field of municipal services) for the Developer, file with the Township,
a letter confinning the tenns of his retainer, and which letter sha1l be in draft fonnat
supplied by the Township,
3.1.8) Utilities and Canada Post Confinnation - arrange for Hydro, Be1l Telephone, the Natural
Gas Utility, Cable T.V. and Canada Post, to write a letter to the Township Clerk
confinning:
3.1.8.1) that they have been infonned of the project, and have seen the development
plans,
3.1.8.2) that satisfactory arrangements have been made with them for servicing the
subdivision without expense or obligation on the part of the Township.
3.1.8.3) easement requirements, if any,
3.1.9 Land Ownership- be the registered owner in fee simple of the lands described in Schedule
"A", and that there will be no encumbrances registered against the said lands.
3.1.10) Ministry etc. Approvals - obtain and file with the Township confirmation approvals from
the fo1lowing:
3.1.10.1)
3.1.10.2)
3.1.10.3)
3.1.10.4)
MOE;
~ro;
Health Unit;
County of Simcoe
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3.1.11) Lot Sizes - tile with the Township a certificate from an Ontario Land Surveyor
confinning that the frontage and area of each lot meets the minimum requirements of the
Township zoning By-law,
3.1.12) Community Mail Boxes - tile with the Township a Plan showing the location of, and
access to, community mail boxes,
3.1.13) Mylars - provide for registration, mylars of all Plans incorporated into this Agreement as
Schedules,
3.1.14) Fire Chief Approval -obtain an Approval from the Fire Chief of the Township
confirming and approving of the proposed plans for fire protection, and specifying any
hydrants, or other equipment or appurtenances required.
II
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PART-4
PRE-CONSTRUCTION REQUIREMENTS
4.1 Prior to Starting Construction of the Subdivision Works, the Developer shall:
4.1.1 Plan Registration
Obtain final approval of the Plan from the Ministry of Municipal Affairs and Housing
and obtain registration of the Plan;
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4.1.2 Approval Of Plans
The Developer and the Engineers employed by him shall have the plans and
specifications for the works approved by the Township Engineer prior to construction
and the originals must be stamped as accepted by the Township Engineer.
Submit and obtain the Township Engineer's approval of the following, all to be in
accordance with the Township's approved Engineering Standards;
i) the drainage plan;
ii) the lot grading plan;
iii) the service layout plan for Hydro, Telephone and Gas;
iv) the road and watermain plans and profiles.
4.1.3 Certificate Of Approval
Submit to the Township, the Ministry of the Environment's Certificate of Approval for
Storm Sewer Works and detention facilities, and the Certificate of Approval for Water
Works;
4.1.4 Contractor
The said services shall be installed by a contractor or contractors retained by the
Developer and approved in writing by the Township Engineer. The Township and
Township Engineer are to be provided with the names and phone numbers of personnel
responsible for the Works, including emergency phone numbers.
4.1.5 Scheduling Of Works
Prior to the start of construction, the Developer shall supply, for the Township
Engineer's, approval, of a Schedule of Works, setting out the order in which he considers
the various sections of the works within the Plan will be built. The Township Engineer
may amend this Schedule and the Developer shall construct, install or perform the works
as the Township Engineer from time to time may direct. In any event, the Schedule, or
amended Schedule, as the case may be, shall conform to the requirements of Clause
4.1.8.
4.1.6 Erosion And Siltation Control
The Developer must take all necessary precautions to prevent erosion and sedimentation
of sewers, ditches, culverts, slopes, etc. both within the Subdivision and downstream
prior to and during construction and upon completion of servicing of the Subdivision.
Failing adequate precautions being taken, the Developer shall be responsible for
correcting any damage and paying all maintenance costs resulting therefrom.
A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's
Engineer for approval by the Township Engineer. Prior to any grading or construction
commencing on the site or final approval and registration of Subdivision, the
Developer's Engineer shall submit the plan for approval by the Township Engineer. The
plan shall detail the means whereby erosion and siltation and their effects will be
minimized on the site during and after the construction period. The Developer agrees to
carry out or cause to be carried out the work approved in the Plan, and such work will be
certified in writing by the Developer's Engineer and provided to the Township Engineer.
The Developer agrees to maintain all erosion and siltation control devices in good repair
during construction.
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4.1.7. Signs
Signs at least 1.2 metres by 1.8 metres shall be provided and erected by the Developer at
each entrance to the subdivision, at a location approved by the Township Engineer, and
the signs shall read as follows:
"Roads Not Assumed by Township - Use at Your Own Risk".
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The signs shall be painted either orange or yellow with black lettering. These signs shall
be installed prior to the commencement of construction and be removed after the
issuance of the Certificate of Substantial Completion and Acceptance (Above ground
Services ).
4.1.8
Notification Of Commencement And Completion
The Developer shall not commence the construction of any of the works until the
Developer has provided forty-eight (48) hours written notice to the Township Engineer,
of his intent to commence work.
The Developer shall complete the works expeditiously and continuously, and all
underground services shall be installed within one year of the day of registration of this
Agreement, and all above-ground services shall be installed in accordance with the
Declaration of Progress and Completion, as required under Clause 7.11 of this
Agreement, but no longer than two years from the date of registration of this Agreement,
unless extended by the Township Engineer. Should for any reason there be a cessation
or interruption of construction, the Developer shall provide forty-eight (48) hours written
notice to the Township Engineer before work is resumed.
If the Municipal Services to be constructed by the Developer under this Agreement are
not completed and accepted by the Township within the above time frame, the Township
may either;
(a) give notice to the Developer to stop work on the said Municipal Services and to
provide that no further work shall be done with respect to such services, until an
Amending Agreement, incorporating the Standards, Specifications and financial
requirements of the Township, in effect as of that date, is executed by all parties; or
(b) give notice to the Developer to stop work on the Municipal Services and infonn the
Developer that the Township proposes to realize on its security and proceed with the
completion of construction in accordance with the provisions of the Plans filed with
the Township.
4.2 BREACH OF AGREEMENT
If the Developer commences or causes construction of the works prior to satisfying the
requirement of this Agreement, it shall be subject to the penalties identified in Part 10.
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PART - 5
FINANCIAL REQUIREMENTS
5.] DEVELOPER'S EXPENSE
Every provision of this Agreement by which the Deve]oper is obligated in any way shall be
deemed to include the words "at the expense of the Developer" unless specifically stated
otherwise.
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5.2.
TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS
The Developer agrees to pay to the Township, the cost of the Township's lawyer and planner for
all costs involved in processing the subdivision and of the Township's Engineer for checking of
plans and specifications and inspection on behalf of the Township. The inspection by the
Township will depend on the type of construction and the amount provided will be deemed
necessary by the Township. In this regard, the Developer agrees to pay to the Township, the sum
of Ten Thousand Do]lars ($10,000.00) 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 Five Thousand Dollars ($5,000.00) or less, and the
Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed
that the Deve]oper would be in default of this Agreement and the Township may, without notice,
invoke default provisions as set out in this Agreement.
5.3 DEVELOPER'S LIABILITIES
Until the Township has issued the Certificate of Maintenance and Final Acceptance for the
works, the Developer shall indemnify the Township against all actions, causes of action, suits,
claims and demands whatsoever which may arise either directly or indirectly by reason of the
Developer undertaking the Plan and the Township shall not be deemed to be the Developer.
5.4 UTILITY COSTS AND CHARGES
The Developer shall deal directly with the Hydro Commission and all other Utility commissions
and companies. He or his Consulting Engineer, shall obtain all approvals and permits and pay all
fees and utility charges directly to the Utility until the Certificate of Maintenance and Final
Acceptance (Underground Services) is issued.
If an additional hydro service is required for Township purposes, the Deve]oper shall include the
cost of installation and maintenance of the service.
5.5 DEVELOPMENT CHARGES
aJ The Developer shall pay in accordance with By-law No. 99-081 or any further by-laws
enacted pursuant to the Development Charges Act, 1997 or subsequent legislation. a
development charge at the rate applicable at the time of the issuance of building permits.
The development charge is to be paid on a per lot basis prior to the issuance of a
building permit.
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b) The Developer agrees to pay for all arrears of taxes or other Township or provincial
charges, taxes or levies outstanding against the property herein described before the
approval of the said plan is obtained. The Developer further undertakes and agrees to
pay taxes levied on the said lands, on the basis and in accordance with assessment and
collector's roll entries until such time as the lands herein being subdivided have been
assessed and entered on the Collector's Roll according to the Registered Plan.
c)
Before the plan is approved, the Developer agrees to commute and pay the Township's
share of any charges made under the Drainage Act and Local Improvements at present
serving this property and assessed against it.
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These charges are set out in Schedule "F" of this Agreement.
Note: In addition to the Municipal Development Charges, the lots may be subject to County
Development Charges, Education Development Charges and applicable Development Charges of
any Public Utility Commission at time of issuance of Building Pennit.
5.6 SECURITIES
Prior to signing the Subdivision Agreement, the Developer wilJ deposit with the Treasurer of the
Township to cover the faithful perfonnance of the contract for the installation of the said
services and the payment of all obligations arising thereunder the following securities:
a) Cash in the amount of one-hundred percent (100%) of the estimated cost of the said
work as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the
requirements of Schedule "K" with an automatic renewal clause, in the amount of one
hundred percent (100%) of the estimated costs of the said works, as set out in Schedule
"0" and as approved by the Township Engineer. The Letter of Credit shall be for a
minimum guaranteed period of one (I) year or such time as the Township decides and
shall be renewed automatically, as necessary, three (3) months prior to expiration.
Unless the Letter of Credit is renewed as noted above, the Township shall have the
absolute right to refuse to issue building permits and to prohibit occupancy of homes,
whether partially or fully completed, from the said date, three (3) months prior to the
expiration of the Letter of Credit, or the Township may cash the Letter of Credit until a
satisfactory Letter(s) of Credit is received by the Township.
c) Notwithstanding the provisions of subparagraphs (a) and (b) above, the estimated cost of
the Works as set out in Schedule "D" will be reviewed and updated by the Township
Engineer on each anniversary of the date of execution of this Agreement. In the event of
an increase, the Developer shall provide additional security as required by the Township
Engineer within thirty (30) days of notice by registered mail from the Township
Engineer.
In the event that the Developer fails to deliver to the Township the additional security as
required by the Township Engineer, it is hereby understood and agreed that the
Developer be deemed to be in default of this Agreement and the Township may, without
notice, invoke default provisions as set out in this Agreement.
The Township reserves the right to accept or reject any of these alternative methods of
providing securities. Prior to depositing the securities, the Developer's Engineer shall
submit an estimate of the cost of the works to the Township Engineer for approval.
When the cost estimate has been approved, it will be set out in Schedule "D" of this
Agreement and will become the basis for the limits of the securities.
In the event that the Tendered Contract price for the Township Services set out in
Schedule "D" is greater by I 0% than the estimates in the said Schedules, then the
security provided for above shall be increased to an amount equal to the Tendered
Contract price.
d)
Application - Any Letter of Credit or security filed with the Township is based upon the
estimated cost of completing the various matters prescribed by this Agreement. However,
all Letters of Credit and Security received by the Township may be used as security for any
item or any other matter which under the terms of this Agreement is the responsibility of
the Developer, including without limiting the generality of the foregoing, payment of
engineering, legal, planning, development charge, or other costs incurred by the Township
which are the responsibility of the Developer under the tenns of this Subdivision
Agreement, as well as Development Charges and costs to acquire lands or interest therein.
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e) Default - If, in the event of default of the Developer under any of the provisions of this
Agreement it becomes necessary for the Township to realize on its security or deposits,
then the Township (its servants, agents or sub-contractors) shall, if the Township so elects,
have the right and privilege at all times to enter upon the said lands for the purpose of
repairing or completing any work or services required to be completed by the Developer
under this Agreement.
t)
Exceeding Cost Estimates - If the costs of completing such work or service, exceeds the
amount of security held by the Township, such excess shall be paid by the Developer to the
Township thirty (30) days after invoicing by the Township. All overdue accounts shall
bear interest at the rate of 12% per annum.
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g) Save Hann less - The Developer on behalf of itself, its successors and assigns agrees to
indemnifY and save hannless the Township from and against any and all claims, suits,
actions and demands whatsoever which may arise either directly or indirectly by reason of
any work or service perfonned by the Township, its servants or sub-contractors in order to
complete the work or services required to be completed under this Agreement, provided the
subject matter of such action, suits, claims or demands was not caused intentionally or
through gross negligence on the part of the Township, its servants or agents or
sub-contractors.
h) The Construction Lien Act - If the Township becomes obligated to make any payments, or
pay any costs, under the provisions of Section 17(4) of the Construction Lien Act, R.S.O.
1990, c.C.30, this will constitute a default and entitle the Township to realize upon its
security .
i) Surplus Funds - In the event that the Township cashes a Letter of Credit to complete
Township services or satisfY any obligations under this agreement, any surplus monies that
remain after this work is completed shall, upon full compliance by the Developer with the
tenns of this Agreement, be returned to the issuing financial institution for transmission to
that party that took out the original Letter of Credit.
5.7 DISCHARGE OF SECURITIES
5.7. I Estimated Cost of Works - After the completion of fifty percent (50%) of the services
based on the total Estimated cost of Works in the subdivision or in an approved stage of the
subdivision, and provided the Developer is in compliance with all aspects of the
Subdivision Agreement, the Developer shall, as the work further proceeds to completion,
have the privilege, on application to the Township and upon Certification of the Township
Engineer, of obtaining reductions of the cash or Letter of Credit deposited for the
installation of the services, in increments of not less than ten percent (l 0%). Upon
application for reduction of the securities, the Developer's Engineer shall provide an
estimate of the cost to complete the work. This amount when approved by the Township
Engineer shall be retained along with twenty percent (20%) of the completed works and the
remainder released. A further ten percent (10%) of the completed works will be released
upon satisfactory assurance to the Township that there are no liens pursuant to the
Construction Lien Act affecting lands conveyed or to be conveyed to the Township within
the Plan of Subdivision, pursuant to the tenns of this Subdivision Agreement.
5.7.2 Final Occupancy and Lot Grading Deposit - The Developer shall deposit with the
Township at the time of issuing of the Building Pennit. Upon certification of final grade
elevation, indicating that the property has been developed in confonnity with the general
location and lot grading plan by a professional engineer, the deposit shall be returned.
5.8.
STATUTORY DECLARATION OF ACCOUNTS PAID
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The Developer agrees that upon applying for a Discharge of Securities, or for a Certificate of
Substantial Completion and Acceptance, or for a Certificate of Maintenance and Final
Acceptance for the services within the subdivision, or upon applying for prior acceptance of the
underground services, he shall supply the Township with a Statutory Declaration that all
accounts for work and materials for said services have been paid and that the construction Lien
Act has been complied with and that no liens thereunder have or can be registered except nonnal
guarantee holdbacks and that there are or will be 110 claims for liens or otherwise in connection
with such work done or materials supplied for or on behalf of the Developer in connection with
the subdivision.
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5.9 PLEDGE OF TITLE TO LANDS
The Developer hereby charges and pledges as security for all costs, charges, expenses or
obligations of the Developer under the provisions of this Subdivision Agreement all of its right, title
and interest in the said lands, and consents to the registration of this Subdivision Agreement against
title to the said lands.
5.10. INSURANCE CERTIFICATE AND POLICY
5.10.1 Policy of Insurance - The Developer shall lodge with the Township, on or prior to the
execution of the Agreement, an insurance certificate with an Insurance Company
satisfactory to the Township, (which said approval shall not be unreasonably withheld or
delayed), and insuring for the joint benefit of the Developer and the Township, against
any liability that may arise out of the construction or installation of any work to be
performed pursuant to this Agreement and for a period of one (I) year after completion
and acceptance of the Township Services to be constructed herein.
5.10.2 Comprehensive General Liability - Such policy shall carry limits of liability in the
amount to be specified by the Township, but in no event shall it be less than Five
Million Dollars ($5,000,000.00) inclusive comprehensive general liability and such
policy shall contain:
(a) a cross-liability clause;
(b) product/completed operation coverage;
(c) shall not have an exclusion pertaining to blasting, provided that any blasting required
to be done shall be done by an independent contractor duly qualified to do such
work;
(d) shall include the following names as insureds:
(i) THE CORPORA TlON OF THE TOWNSHIP OF ORO-MEDONTE
5.10.3 Notice of Cancellation - a provisions 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.
5.10.4 Certificate of Coverage - Any certificate of coverage filed with the Township Clerk
shall specifically contain their confirmation that coverage includes (a), (b), (c), (d) and
(e) above are in effect.
5.10.5 Confinllation of Premium Payment - The Developer shall, from time to time as required
by the Township, provide confirmation that all premiums on such policy or policies
insurance have been paid, and that the insurance is in full force and effect. The
Developer shall see that a copy of the policy is filed with the Township.
5.10.6 Claim in Excess of Policy Limits - The issuance of such Policy of Insurance shall not be
construed as relieving the Developer from responsibility for other or larger claims, if
any, and for which it may be held responsible.
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PART-6
STAGING OR PHASING
6.1 STAGING OR PHASING
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 ternlS 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 pernlission to divide the area of the
subdivision into convenient stages. If the work is thus staged, as approved by the Township,
then in ]jeu of furnishing cash payment or Letter of Credit all as set out in Clause 5.6 for one
hundred percent (100%) of the estimated costs, as approved by the Township Engineer, the
Developer shall deposit security for part of the services the Township has approved. Before
proceeding with an additional stage, the Developer shall obtain the written approval of the
Township and no service will be permitted to be installed and no building penn its issued until
this approval has been received and additional securities deposited. When fifty (50%) of the lots
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 have completed dwellings erected therein and Final Certificate of
Occupancy has 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 I
This subdivision is to be developed in phases, Phase I consisting of the construction of Bachly
A venue, Jennett Drive, Brechin Crescent, Boyd Crescent, complete with water works, including
mains, valves, hydrants, services, reservoir and pumphouse upgrades, stornl drainage works,
street and traffic signs, underground hydro, telephone and streetlighting, allowing issuance of
five (5) Building Penn its, after Issuance of Certificate or Substantial Completion and
Acceptance (underground services).
Phase II
The sixth (6) Building Pennit will not be issued until the Township has received Ministry Of
Environment, C. of A. for well #2 and a Pennit to Take water at a rate of 130 Imperial
Gallons/minute.
The Developer acknowledges and agrees an approval by the Ministry of the Environment
regarding Water Works and / or water supply referred to above is necessary to confonn with the
provisions of section 8 (2) (a) of the Building Code Act, 1992 and until such approval is received
to the satisfaction of the Chief Building Official for the Township of Oro-Medollte, the Building
Pennit shall be refused on this basis.
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PART -7
CONSTRUCTION REQUIREMENTS
WORKS TO BE INSTALLED
7.1
t
The works to be installed are set out in Schedule "C" to this Agreement. This schedule is to set
out the works in general tenns only and shall not be construed as covering all items in detail.
The works are to be designed and constructed in accordance with the current Engineering
Standards adopted by By-law by the Township at the time of signing of the Subdivision
Agreement. A copy of these standards is available at the Municipal Office.
If at any time, and from time to time during the development of the subdivision, the Township
Engineer is of the opinion that additional works are necessary to provide adequately any of the
public services required by the Plan, the Developer shall construct, install or perfonn such
additional works at the request of the Township Engineer.
7.2. CONSTRUCTION OF WORKS
Following the registration of this Agreement, the Developer shall cause to be constructed all
requisite works, in order to provide services to the lots and buildings blocks within the Phase.
7.3. PRESERVATION AND PLANTING OF TREES
7.3.1 The Developer must preserve all healthy trees within the limits of the subdivision where
possible. If, in the opinion of the Township Engineer, indiscriminate removal of trees
takes place within the limits of the Plan of Subdivision including road allowances,
parkland, and individual lots, the Township shall have the option of having a stop work
order on construction of the services and/or building on a particular lot where the
removal is taking place. Work will not be allowed to proceed until the Township is
satisfied that the practice will not continue and the Developer/Builder agrees to carry out
remedial work requested by the Township. The Developer agrees to provide a copy of
this clause to each and every prospective builder/ prospective purchaser.
7.3.2 The Developer shall plant two (2) 2.4 metre or taller hardwood trees of a minimum of
SOmm calliper on each lot having less than three (3) trees in the front yard(s) if required
by the Township. The type of trees must be satisfactory to the Township.
7.3.3 In addition, the Developer shall plant trees with the above specifications at is-metre
intervals around the perimeter of the park, in areas where there is not a sufficient growth
of trees.
7.4 MOVEMENT OF FILL
The Developer covenants and agrees that he shall not dump nor penn it to be dumped any fill or
debris on, nor shall he remove or permit to be removed any till, topsoil, trees or shrubs from any
public or municipal lands, without the written consent of the Township Engineer.
7.5 BLASTING
Before any blasting is proceeded with by the Developer, the Developer shall obtain from the
Township Engineer or Township Public Works Official, written pennission, for carrying out the
blasting operation, and shall obtain the blasting permit and show proof of insurance for all
damage or claims for damage resulting from the blasting operation. The Developer in any event
shall be responsible for any such claims.
7.6
ACCESS ROADS
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All access roads must be maintained by the Developer in good repair acceptable to the Township
Engineer and Township Public Works Official during the time of construction, including dust
control and the removal of any mud or debris tracked from the subdivision, and no roadway
outside the limits of the proposed subdivision may be closed without the written consent of the
Township Public Works Official or County of Simcoe. For the purpose of getting such consent,
the Developer shall advise the Township Public Works Official and the Township Clerk and the
County Engineer of the date and time they wish to close a roadway. The Township reserves the
right to limit or prohibit the use of any existing access road by the Developer. The Developer
shall notify the County of Simcoe before any works are constructed on County Road 19.
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7.7 DAMAGE TO EXISTING PLANT
The Developer shall repair any damages caused to an existing road, Road Allowance or existing
structure or plant located on the Road Allowance as a result of the subdivision development and
shall pay for any costs involved in the relocation of existing services, such as hydrants, telephone
poles, etc., which may become necessary because of the development of the subdivision. In this
regard, the Developer's Engineer shall arrange for an inspection with the Township Public Works
Official and Township Engineer for the purpose of compiling an inventory of existing conditions
prior to work on the subdivision. Otherwise, the Township Public Works Official's assessment
of conditions prior to construction will be final.
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7.8
DUST CONTROL
Until the Certificate of Substantial Completion and Acceptance (Aboveground Works) has been
issued, the Developer shall apply calcium to the roads within the Subdivision and/or utilized by
construction traffic, in quantities sufficient to prevent any dust problem to traffic or home
occupants, to the satisfaction of the Township Engineers.
If the Developer has not taken remedial action within twenty-four (24) hours of receiving a
written notification (via facsimile) from the Township's Engineer, regarding a dust control
problem, then the Township's Engineer, at their sole discretion, shall employ outside forces to
implement, at the Developer's expense, a suitable measure of dust control.
7.9 CONSTRUCTION REFUSE
All construction refuse, garbage and debris from the subdivision must be disposed of in an
orderly and sanitary fashion by the Developer, off the site of the subdivision, at a licensed
landfill site. The Township is not responsible for the removal or disposal of refuse, garbage and
debris. Open air burning is not pennitted by the Township. The Developer agrees to deliver a
copy of this Clause to each and every builder obtaining a building pennit for any lot or part of a
lot on the said Plan of Subdivision.
7.10 INSPECTION OF CONSTRUCTION OF SERVICES
During construction of the services, the Township may inspect the work in hand at such times
and with such duration and frequency as the nature of the type of construction may dictate.
Subject to the obligations of the Township Engineer to protect the interests of the Township
through such inspections, every effort will be made to keep duplication of engineering services
on site to a minimum. If during such inspections, the Township Engineer perceives that
construction, whether by method or otherwise, constitutes an immediate danger to life or
property, or construction does not conform to acceptable practice in order to meet the
requirements for services, he will have the authority to cease construction operations by verbal
notice to the contractor and/or the Developer's Engineer, such notice to be confinned in writing
as soon as possible, thereafter. A copy of this Clause shall be delivered by the Developer to each
and every contractor engaged in construction of services for the Subdivision.
7.11 DECLARATION OF PROGRESS AND COMPLETION
7.11.1 Prior to the approval of the underground services, the Developer shall provide the
Township Engineer with an undertaking for the completion dates of all remaining works
required by this Agreement and in a fonn similar to that attached to this Agreement as
Schedule "I", the Declaration of Progress and Completion for approval of the Township
Engineer. The Township reserves the right to alter the completion dates as it sees fit and
the Developer agrees to complete the services.
7.11.2 It is understood and agreed that should the Developer fail to construct the remaining
services, as stipulated, and by such dates as provided in the Declaration, the Developer
shall pay to the Township, as predetermined, liquidated damages, the sum of Fifty
Dollars ($50.00) for each and every day the said services are behind schedule of
construction, and NO FURTHER BUILDING PERMITS SHALL BE ISSUED.
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7.13.
7.12
PROGRESS OF WORKS
After the completion of the underground services, the Developer shall complete the Declaration
of Progress and Completion for the approval of the Township Engineer and from that date the
said Declaration shall apply and take precedence over Clause 4.1.5. Prior to signing the
Declaration of Progress and Completion, the Developer shall install all works in accordance with
the Schedule of Works or as directed by the Township Engineer. If he fails to adhere to the
scheduling provisions outlined in the Schedule of Works or the Declaration, or having
commenced to install the aforesaid works, fails or neglects to proceed with reasonable speed, or
in the event that the aforesaid works are not being installed in the manner required by the
Township Engineer, then upon the Township Engineer giving seven (7) days written notice by
prepaid registered mail to the Developer, the Township Engineer may without further notice
enter upon the said land and proceed to supply all materials and to do all necessary works in
connection with the installation of the said works, including the repair or reconstruction of faulty
work and the replacement of materials not in accordance with the specifications, and to charge
the costs thereof together with an engineering fee of ten percent (10%) of the cost of such
materials and works to the Developer who shall forthwith pay the same upon demand. If the
Developer fails to pay the Township within thil1y (30) days of the date on the bill, the money
owing may be deducted from the cash deposit or Letters of Credit. It is understood and agreed
between the parties hereto that such entry upon the land shall be as agent for the Developer, and
shall not be deemed for any purpose whatsoever, as an acceptance or assumption of the said
works by the Township. The Township, in addition to all other remedies it may have, may
refuse to issue building permits until such works are completely installed in accordance with the
requirements of the Township Engineer. It is agreed that a copy of this clause be delivered by
the Developer to each and every builder obtaining a building permit for any lot or part of a lot on
the said plan.
SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES
It is intended that the hydro and street lighting, water works and detention pond will be
constructed, inspected and approved prior to the completion of the other Works.
Building permits will not be issued until the Township Engineer has given the Cel1ificate of
Substantial Completion and Acceptance (Underground Services). The two (2) year maintenance
period for the underground services will commence when this Certificate is issued.
During the maintenance period, the Developer shall be responsible for the normal operation and
maintenance, and all repairs for the services noted in the Certificate.
If, during the two year maintenance period, the Developer fails to carry out rectification and
repair work as requested by the Township, then the Township may carry out the work and be
reimbursed, the cost of the work from the Developer's securities, as set out under Clause 9.3.
Notwithstanding, anything hereinafter set out, the Township shall not be obligated to assume the
responsibility for and take over the subdivision services until fifty percent (50%) of the lots on
the subdivision have completed dwellings erected therein and Final Certificate of Occupancy has
been issued. The Developer shall be responsible for the normal operation, maintenance, and all
repairs of the services, in this case, until the Township has assumed the responsibility of the
servIces.
7.14. EMERGENCY REPAIRS
7.15
e
Employees or agents of the Township may enter onto the Lands at any time or from time to time
for the purpose of making emergency repairs to any of the works. Such entry and repairing shall
not be deemed an acceptance of the works by the Township or any assumption by the Township
of any liability in connection therewith or a release of the Developer from any of his obligations
under this Agreement.
USE OF WORKS BY TOWNSHIP:
The Developer agrees that:
1. The works may be used prior to acceptance, by the Township or other authorized persons for
the purpose for which such works are designed.
II. Such use shall not be deemed an acceptance of the works by the Township, and
III. Such use shall not in any way relieve the Developer of his obligations in respect of the
construction and maintenance of the works so used.
21
7.16 DRAINAGE AND LOT GRADING
All lots and blocks within the Plan and all lands abutting the Plan shall be graded to
drain in accordance with the overall grading plan to be prepared by the Developer's
Engineer for approval by the Township Engineer and the Simcoe County District Health
Unit. Some fill and regrading of lots may be necessary during or after building
construction. The grading Plan shall show all existing and final grades on lot comers, as
well as mid lot elevations, where deemed necessary by the Township Engineer.
.
It is understood and agreed by the parties hereto that drainage of surface water on the
lots and blocks on the plan is the sole responsibility of the respective lot owners once the
required drainage works have been constructed by the Developer.
The storm swales shall be landscaped and maintained by all subsequent lot owners. The
purpose of the storm swales is to accommodate storm drainage waters from the subject
lot and adjacent lands. No lot owner in the Subdivision shall encumber or impede storm
drainage in any manner whatsoever. In the event that the Developer, or any subsequent
lot owner, obstructs, impedes, or interferes with the storm drainage flow through any
part of the storm swale, or interferes with the acceptance of water from any connecting
swales, then the Township shall have the right, if it so elects, to enter upon the subject
lands to rectify such problems so that the swales can serve their original purpose.
Within the swale area, the Developer, and any subsequent lot owner, shall not, construct
any works, remove or permit to be removed any soil from the said swale/easement,
excavate, drill, install, erect or permit to be excavated, drilled, installed or erected in,
over, upon, under or through the said swale/easement, any fence, well, foundation,
pavement, building or other structure or other installation.
The lot owner of any lot in the Subdivision upon which the Township elects to enter for
the purpose of rectifying the said work, hereby agrees to indemnify and release the
Township from and against all claims, demands, actions or causes of action whatsoever
arising as a result of the Township or of its servants or agents entering upon the lands for
the purpose of correcting drainage problems. The cost of such work will be for the
account of the lot owner. Any invoices not paid within thirty (30) days after due date,
shall be added to the tax roll and collected in a like manner as realty taxes, as per section
326 of the Municipal Act.
The Developer agrees to deliver a copy of this Clause to each and every prospective
purchaser and/or builder obtaining a building permit for any lot or part of a lot on the
said Plan of Subdivision.
The Developer's Engineer shall prepare a drainage plan for the site for the approval of
the Township Engineer and the Simcoe County District Health Unit. Generally, the
drainage facilities will consist of open ditches within the subdivision or storm sewers in
certain locations to provide a satisfactory drainage outlet. The plan will show how water
will be controlled on and off the site and will include swales and/or easements where
necessary .
7.17 PARKLAND WORKS
Cash in Lieu of to be paid prior to signing of agreement.
7.18 DEFINITIONS
For the purposes of this Subdivision Agreement:
(i)
The term "Underground Services" shall mean the storm drainage works (including culverts,
storm sewer and detention pond), water works, underground electrical distribution system
and streetlighting serving the Plan of Subdivision, as more particularly described in
Schedule "C" to this Subdivision Agreement:
e
22
(ii)
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 confinning that the Underground Services to be installed by the Developer under
the provisions of this Subdivision Agreement, as more particularly identified in Schedule
"C", have been substantially completed in accordance with plans and specifications
reviewed and accepted by the Township Engineer. The issuance of a Certificate of
Substantial Completion and Acceptance (Underground Services) shall not constitute an
assumption of the Underground Services by the Township;
--
(iii)
The tenn "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 Underground Services constructed by the Developer, in
accordance with the tenns of this Subdivision Agreement, and as more particularly
identified in Schedule "C", have been satisfactorily completed and maintained by the
Developer during the two-year (2) maintenance period, and issuance of the said Certificate
shall constitute final acceptance and assumption of the Underground Services by the
Township;
(iv) The tenn "Aboveground Services" shall mean all municipal services to be constructed by
the Developer pursuant to the tenns of this Subdivision Agreement, as more particularly
identified in Schedule "C", excluding Underground Services;
(v) 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 confinning that the Aboveground Services to be installed by the Developer under
the provisions of this Subdivision Agreement, as more particularly identified in Schedule
"C", have been substantially completed, in accordance with plans and specifications
reviewed and accepted by the Township Engineer. The issuance of a Certificate of
Substantial Completion and Acceptance (Aboveground Services) shall constitute an
assumption of the Aboveground Services by the Township for winter maintenance only;
(vi) The tenn "Certificate of Maintenance and Final Acceptance (Aboveground Services)" shall
mean a Certificate issued by the Township upon the recommendation of the Township
Engineer confinning that the Aboveground Services constructed by the Developer in
accordance with the tenns of this Subdivision Agreement, and as more particularly
identified in Schedule "C", have been satisfactorily completed and maintained by the
Developer during the two-year (2) maintenance period, and issuance of the said Certificate
shall constitute final acceptance and assumption of the Aboveground Services by the
Township;
(vii) The tenn "Certificate of Substantial Completion and Acceptance" means a Certificate of
Substantial Completion and Acceptance (Underground Services) or a Certificate of
Substantial Completion and Acceptance (Aboveground Services), as the provisions of this
Subdivision Agreement require;
(viii) The term "Certificate of Maintenance and Final Acceptance" means a Certificate of
Maintenance and Final Acceptance (Underground Services) or a Certificate of
Maintenance and Final Acceptance (Aboveground Services), as the provisions of this
Subdivision Agreement require.
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23
PART - 8
BUILDING PERMITS AND OCCUPANCY
8.1 SIMCOE COUNTY DISTRICT HEALTH UNIT APPROVAL
The Developer further agrees that he or any person, persons, or Corporation claiming title
through the Developer, will not apply for a Building Pennit for any part or portion of the said
lands or on any lot therein, and no Building Pennit shall be issued until Simcoe County District
Health Unit approval has been received for the land in question.
-
The Developer's Engineer shall prepare an overall lot development plan for approval by the
Simcoe County District Health Unit and the Township Engineer as a further requirement to
Clause 7.16. The plan shall include the following:
(a) envelopes for the proposed house and any adjacent structures on each lot;
(b) an envelope showing the location, size and elevation of the subsurface sewage system on
each lot and all pertinent engineering design criteria;
(c) existing and proposed grades of the disturbed area of lot after building, drainage and
sewage works have been completed;
(d) existing and proposed grades on lot comers and mid lot elevation;
8.1.1 The Developer agrees to advise all prospective lot Developers that a detailed site development
plan for each lot may be required to be prepared by a Professional Engineer registered with the
Association of Professional Engineers of Ontario, for approval by the Township Engineer, prior
to the issuance of a Building Pennit for each respective lot. Site development plans which
confonn to the overall lot development plan at an approved metric scale using metric dimensions
and elevations, shall include the following:
(a) the location, dimensions and elevations of the proposed dwelling and any structures to be
located on the lot, as well as any adjacent structures on the adjacent lot(s);
(b) the location, size and elevation of the sewage system; all engineering design criteria and
standards pertaining thereto, shall be provided;
(c) the location of the water service line to the dwelling;
(d) the existing and proposed grades of the disturbed area on the lot after building, drainage
and sewage works have been completed;
(e) the location and grades of any proposed drainage swales;
(f) the professional engineer will be required to check the elevations of the footings of the
buildings prior to further construction to ensure confonnity with the approved plans
noted above;
(g) the professional engineer will be required, prior to the issuance of a Final Inspection
Report, to certify to the Simcoe County District Health Unit, in writing, that the
foregoing works have been carried out in accordance with the approved plans noted
above.
The Developer has prepared Drainage Plans STI and ST2 and Grading Plans, GR I through GR6
and any individual plans will be made in reference to these plans.
The Developer further agrees to construct all works required under Clause 7.16 and as shown on
the approved General Location and Lot Grading Plans, Stonn Drainage Area Plan and Erosion
Control Plan, all prepared by W.R. Hodgson and Associates, to the satisfaction of the Simcoe
County District Health Unit and Township Engineer.
-
The Developer further agrees to advise all prospective lot owners of the requirement, that it may
be necessary for the sewage system to be installed prior to construction of the home subsequent
to the issuance of a Sewage System Pennit.
24
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8.3
a
8.4
8.2 REQUIREMENTS FOR BUILDING PERMITS
The approval of the plan by the Township or the acceptance by the Township of the works shall
not be deemed to give any assurance that the municipal building penn its, when applied for, will
be issued in respect of the lots or blocks shown on the plan.
Notwithstanding the foregoing, no building penn its will be given and the Township may refuse
any application until:
(a) Simcoe County District Health Unit and Ministry of the Environment approvals have
been obtained and submitted to the Township. Simcoe County District Health Unit
requirements are set out in Clauses 7.16 and 8. I.
(b) The stonn sewer systems and water works have been installed, tested and approved by
the Township Engineer and he has issued his Certificate of Substantial Completion and
Acceptance (Underground Services).
(c) Plans for remaining underground services such as Bell Telephone, Hydro or Natural Gas
have been approved.
(d) A "Builders" road consisting of the grading, curb and gutter or ditch shaping and full
depth of Granular "B" sub-base has been constructed on the road providing access to the
lot.
(e) Approval of the Township Engineer has been obtained for the construction of any
buildings to be erected on lots or blocks listed in Schedule "E" hereto.
(f) Signs denoting "Unassumed Roads" have been installed at the entrances to the
subdivision in a location acceptable to the Township in accordance with Clause 4.1.7.
(g) A Certificate Letter and Lot Development Plan has been given by the Developer's
Consulting Engineer or a Professional Engineer registered with the Association of
Professional Engineers of Ontario, that the building to be erected on any lot or block
within the plan, for which a Building Pennit has been applied for, is in confonnity with
the General Location and Lot Grading Plans or has received the approval of the
Township Engineer with respect to any variance to the grading plan.
The individual Lot Development Plan must be approved by the Township Engineer prior
to issuance of a Building Pennit.
(h) All dead trees within the limit of the plan have been removed.
(i) Arrangements have been made and approved by the Township for Municipal Address
System numbering as set out in Clause 8.4.
(j) The Traffic and Street Name signs have been installed and approved by the Township
Engineer
(k) Any development charges have been paid in full in accordance with the applicable
development charge by-laws, enacted pursuant to the Development Charges Act, 1997,
as well as by-laws enacted pursuant to section 257.53 of the Education Act or alternate
arrangement satisfactory to the body enacting the development charge by-law have been
made and the same has been communicated to the chief building official for the
Township ofOro-Medonte in writing by such a body.
LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL ATTENTION
Any lot, which will require special attention, in order to be serviced, will be listed on Schedule
"E" of this Agreement. Prior to the issuance of a building pennit for any lot listed in Schedule
"E", 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 permit.
MUNICIPAL ADDRESS SYSTEM
The Developer shall be responsible for obtaining the municipal address system numbers for each
and every lot from the Municipal Office. As a further requirement, in order to obtain a
Provisional Certificate of Occupancy, the Developer and/or builder, or lot owner, shall install the
aforementioned number at a location approved by the Township. The Developer agrees to
provide a copy of this clause to each and every builder or lot owner in advance of the sale of
such lot(s).
25
8.5 REQUIREMENTS FOR OCCUPANCY
8.5.1 No buildings erected on the lots or blocks within the plan shall be occupied until a
PROVISIONAL CERTIFICATE OF OCCUPANCY has been issued by the Township in
accordance with the Township Building and Plumbing By-Law.
PROVISIONAL CERTIFICATE OF OCCUPANCY means a permit issued to allow
occupancy of a building.
,
8.5.2 A FINAL CERTTFICA TE OF OCCUPANCY will not be issued until:
(i) The roadway has received the granular road base materials full depth and the
base course of asphalt provided asphalt is commercially available.
(ii) The underground hydro, telephone lines, gas mains and street lights have been
installed and approved by the Township Engineer.
(iii) A Certificate Letter and individual Lot Development Plan has been given by the
Developer's Consulting Engineer, or a Professional Engineer, registered with the
Association of Professional Engineers of Ontario, that the building constructed,
and the final grading of the lot or block is in conformity with the General
Location and Lot Grading Plans or such variance therefrom has been approved
by the Township Engineer.
The final grading on the individual Lot Development Plan must be approved by
the Township Engineer prior to issuance of a FINAL CERTIFICATE OF
OCCUP ANCY.
FINAL CERTIFICATE OF OCCUPANCY means a permit issued when all
outstanding items on a Provisional Certificate of Occupancy including grading
have been completed.
(iv) Driveway culvert and end protection has been provided to the satisfaction of the
Township in accordance with the Township's Road Occupancy Permit.
(v) The trees have been planted on the lot by the Developer in accordance with
Clause 7.3.
(vi) Any deficiencies on a Provisional Certificate of Occupancy has been complied
with. It is agreed that a copy of Part 8 shall be delivered by the Developer to
each and every builder obtaining a builder's permit or any prospective purchaser
of the dwelling for any lot or part of a lot on the said plan.
8.6. OCCUPANCY LIQUIDATED DAMAGES
Notwithstanding the above, if for any reason whatsoever, occupancy of any building occurs
before the vital services listed in Clause 8.5 are installed to the home occupied, to the satisfaction
of the Township Engineer then the Developer agrees to pay to the Township, liquidated damages
in the amount of One Hundred Dollars ($100.00) per dwelling per day to cover the additional
costs of administration, inspection and fire protection, etc. The liquidated damages to commence
at and include the date of occupancy and end when the Developer obtains a certificate from the
Township Engineer that the vital services are satisfactorily installed. If the Developer fails to
pay to the Township monies owing under this clause within thirty (30) days of the date of the bill
the money may be deducted from the cash deposit or Letter of Credit or other deposited security.
II
26
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PART - 9
MAINTENANCE AND ACCEPTANCE
9.1
FINAL ACCEPTANCE OF UNDERGROUND SERVICES
On receipt of the Developer's request for a final inspection of the underground services, the
Township Engineer will again inspect the work, and if satisfied, will recommend to the
Township that the Certificate of Maintenance and Final Acceptance (Underground Services) be
issued. It should be noted that the Certificate of Maintenance and Final Acceptance
(Underground Services) can be applied for by the Developer two (2) years after the receipt of the
Certificate of Substantial Completion and Acceptance (Underground Services).
Notwithstanding, anything hereinafter set out, the Township shall not be obligated to assume the
responsibility for and take over the subdivision services until fifty percent (50%) of the lots on
the subdivision have completed dwellings erected therein and the Final Certificate of Occupancy
has been issued. The Developer shall be responsible for the normal operation, maintenance, and
all repairs of the services in this case until the Township has assumed the responsibility of the
services.
9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES
When all of the services have been completed including the surface lift of asphalt, in accordance
with this Agreement or in a particular stage, the Township Engineer and Public Works Official
shall make an inspection to ensure that the Township will accept the road system. The Township
Engineer shall issue a Certificate of Substantial Completion and Acceptance (Aboveground
Services) when the Works are accepted by the Township. This Certificate may contain a list of
minor deficiencies which have to be corrected by the Developer but which are not considered of
sufficient importance to delay the issuance of the Certificate and the acceptance of the services
by the Township. The two (2) year maintenance period will commence when the Township
Council approves the issuance of the Certificate.
9.3 MAINTENANCE OF WORKS
The Developer will be responsible for the repair and maintenance of all the subdivision services
for a period of two (2) years from the date the Township Council approves the Certiticate of
Substantial Completion and Acceptance. This shall be called the Maintenance Period. The
maintenance shall include the maintaining and mowing of grass within the road allowances as
well as the parkland area and detention pond on a regular basis. If the Township is requested to
carry out this maintenance, the Developer shall pay all charges to the Township.
If during this period, the Developer fails to carry out maintenance work within forty-eight (48)
hours after receipt of a request from the Township, then the Township Engineer may, without
further notice, undertake such maintenance work and the total cost of such work including
engineering fees shall be borne by the Developer. If the Developer fails to pay the Township
within thirty (30) days of the date of billing, then the money owing may be deducted from the
cash deposit or Letter of Credit. During the maintenance period, ten percent (10%) of the
original estimated cost of the works shall be retained by the Township.
Towards the end of the maintenance period, the Developer shall make written request to the
Township for a final inspection to be made and notwithstanding the two (2) year period noted
above, the maintenance period will continue for the original two (2) years or for thirty (30) days
after the receipt of the Developer's written request for a final inspection, whichever period of
time is the greater.
Notwithstanding, anything hereinafter set out, the Township shall not be obligated to assume the
responsibility for and take over the subdivision services until fifty percent (50%) of the lots on
the subdivision have completed dwellings erected therein and Final Certificate of Occupancy has
been issued. The Developer shall be responsible for the maintenance of the services in this case
until the Township has assumed the responsibility of services.
27
9.4 WINTER ROAD MAINTENANCE
An exception to the liability of the Developer for all maintenance and repair of the services
during the two (2) year maintenance period will be winter control which operation will be the
Township's responsibility after the issuance of the Certificate of Substantial Completion and
Acceptance (Above ground Services). Winter control shall include snow ploughing, sanding and
any other winter maintenance operations. It is agreed by the Developer that the winter control
operations shall not prejudice the Township's rights to enforce the maintenance provisions. Prior
to the issuance of the Certificate of Substantial Completion and Acceptance (Above ground
Services) however, the Developer shall be responsible for the winter control also. In the event
that proper vehicular access or winter control is not provided by the Developer, the Township
through its servants, contractors, or agents may provide without notice to the Developer. Such
winter control shall be only carried out at times deemed to be an emergency by the Public Works
Official. All costs of such work shall be paid by the Developer within thirty (30) days of the date
of billing or othervvise may be deducted from the cash deposit or Letter of Credit.
The cost of such works to be at the following rates:
,
Machinery and Equipment
Labour
Mixed Sand and Salt
Payroll Burden - 41 %
Administration - 7%
G.S. T. - 7%
$28.00 Ihr
$16.00 Ihr
$12.00 1m'
These rates may be adjusted by the Township from time to time.
The Developer further agrees that any work done by the Township pursuant to this agreement
before the roads are accepted by the Township shall not be deemed in any way to be an
acceptance by the Township of the roads in the said subdivision upon which such work is done.
The Developer acknowledges that the Township whilst providing winter control may damage or
interfere with the works of the Developer and covenants that he will make no claims against the
Township for such interference or damage, providing the work is carried out in a normal and
reasonable manner.
9.5 REPLACEMENT OF SURVEY BARS
Prior to the final acceptance of the subdivision by the Township, the Developer agrees to supply
a statement from an Ontario Land Surveyor approved by the Township that after the completion
of the subdivision work, he has found or replaced all survey monuments and standard iron bars
shown on the registered plan. The statement must be dated within two months of the date of
acceptance.
9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES
On receipt of the Developer's request for a final inspection of the Aboveground Services, the
Township Engineer will again inspect the work and if satisfied will recommend to the Township
that the Certificate of Maintenance and Final Acceptance be issued.
Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the
responsibility for and take over the subdivision services until fifty percent (50%) of the lots on
the subdivision have completed dwellings erected therein and the Final Certificate of Occupancy
has been issued. The Developer shall be responsible for the maintenance of the services, in this
case, until the Township has assumed the responsibility of the services.
9.7. RELEASE OF LAND
The Developer, when not in default of the Subdivision Agreement to provide the requisite public
services to the lands, shall be entitled to an effective release in a form suitable for registration in
the County Registry Office for each lot or block which is in conformity with the overall grading
plan for the lands or such variance therefrom as has been approved by the Township Engineer.
Every such release shall operate as a discharge of all levies hereunder by the Township in respect
to each lot or block described in the release with the exception of the responsibility for drainage
as outlined in Clause 9.8 and the completion and maintenance of the services.
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28
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9.8
DRAINAGE - RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT OWNERS
It is understood and agreed that the drainage of surface waters upon and from the said lands shall
remain the sole responsibility of the Developer and the subsequent. owners from time to time of the
lots or blocks within the Plan of Subdivision. The Developer and subsequent owners or the lots or
blocks within the Plan of Subdivision from time to time shall provide and maintain adequate
drainage of surface waters across and from the said lands in accordance with the provisions of
Section 7.16 of this Subdivision Agreement. The Developer agrees to provide a copy of this
Section 9.8 and Section 7.16 to each and every prospective builder/prospective purchaser of a lot or
block within the Plan of Subdivision.
The Developer and the owner from time to time of any lot or block within the Plan of Subdivision
upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees
to indemnify and release the Township from and against all claims, demands, actions or causes of
action whatsoever arising as a result of the Township or of its servants or agents entering upon the
lands for the purpose of correcting drainage problems. The cost of such work will be for the
account of the Developer and/or subsequent lot owner. Any invoices not paid within thirty (30)
days after due date, shall be added to the tax roll and collected in a like manner as realty taxes as
per section 326 of the Municipal Act.
29
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II
PART - 10
DEFAULT PROVISIONS
10.1.
DEF AUL T PROVISIONS
Notwithstanding anything herein before contained in this Subdivision Agreement, when the
Developer is deemed by the Township to be in default of this Agreement, the Township reserves
the right to realize upon securities deposited by the Developer to recover costs incurred by the
Township, in accordance with the provisions of Section 5.6 of this Subdivision Agreement, and/or
to restrict or refuse issuance of building and/or occupancy penn its for lots or blocks within the Plan
of Subdivision, until such time as the Developer is in full compliance with the provisions of this
Subdivision Agreement.
10.2
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and enure to the benefit of the parties hereto and their
respective heirs, executors, administrators and assigns.
10.3 SUBSTITUTION FOR APPROVALS
Wherein this agreement reference is made to any named Ministry of the Province or other public
body, such reference where the same requires their approval is deemed to be a reference to any
other Ministry or body as may be substituted by legislative change or policy of the Provincial
Government.
1004 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP
The Developer further agrees that all costs, charges or expenses incurred by the Township in
satisfying the obligations of the Developer in the event of default of the Developer under the tenns
of this Subdivision Agreement, together with any costs, charges or expenses incurred by the
Township in enforcing the obligations of the Developer under this Agreement, shall be a first
charge or lien against the said lands in accordance with the provisions of Section 326 of the
Municipal Act, R.S.O. 1990, c.MA5.
IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to
be affixed the corporate seals, duly attested to by the proper signing officers.
SIGNED, SEALED AND DELIVERED this :J ~/
2000.
day of ~~
A.D.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Title
ct2:~ -
C' ~\z- .
Per
Title
Per
Title
30
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SCHEDULE "A"
NOTE:
It is understood and agreed that this Schedule forms part of the Subdivision Agreement
between the TOWNSHIP OF ORO-MEDONTE and BACHL Y INVESTMENTS
INC.
DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT:
ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the Township
ofOro-Medonte (formerly Township of Medonte), in the County of Simcoe, and being composed of the
whole of the lands described as follows:
West Half of Lot 15, Concession 8, Township of Oro-Medonte (formerly Township of
Medonte), County of Simcoe.
31
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SCHEDULE "B"
NOTE:
It is understood and agreed that this Schedule forms part of the Subdivision Agreement
between the TOWNSHIP OF ORO-MEDONTE and BACHL Y INVESTMENTS
INC.
PLAN OF SUBDIVISION
51-M
32
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NOTE:
SCHEDULE "C"
It is understood and agreed that this Schedule forms part of the Subdivision Agreement
between the TOWNSHIP OF ORO-MEDONTE and BACHL Y INVESTMENTS
INC.
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;
Complete water works including mains, valves, hydrants, services and water storage;
Stonn drainage works including ditches, culverts, stonn sewer and detention pond;
Street and traffic signs; >
Underground hydro, telephone, and street lighting;
Parkland - Cash in Lieu of
All of the above works are incorporated on to the following engineering drawings prepared by
W.R. Hodgson and Associates, Project No. 95324, Municipal Affairs No. 43T-89029.
The above referenced drawings were stamped as accepted by the Township Engineers, Reid and
Associates (1994) Ltd., on February 22, 1999.
Drawing No.
Description
2
IA
IB
PI
P2
P3
P4
P5
P6
P7
P8
P9
PIO
PII
General Notes
General Plan
General Plan
Station 0+000 - 0+300
Station 0+300 - 0+580
Station 0+580 - 0+801.949
Station 0+000 0+288.175
Station 0+000 0+300
Station 0+300 0+464.034
Station 0-000 - 0+300
Station 0+300 - 0+510
Station 0+510 - 0+600
Station 0+600 - 0+838.366
Station 0+000 0 0+290
Bachly A venue
Bachly A venue
Bachly Avenue
Jennett Drive
Brechin Crescent
Brechin Crescent
Boyd Crescent
Boyd Crescent
Boyd Crescent
Boyd Crescent
Proposed 200 diameter watermain -
County Road 19
"
PI2
P13
P14
GR-I
GR-2
GR-3
GR-4
GR-5
GR-6
ST-I
ST-2
U-I
U-2
DI
D2
D3
Station 0+290 - 0+580
Station 0+580 - 0+750.054
Watennain Easements
Grading Plan
Grading Plan
Grading Plan
Grading Plan
Grading Plan
Grading Plan
Stonn Drainage and Overland Flow Plan
Storm Drainage and Overland Flow Plan
Utility Coordination Plan
Utility Coordination Plan
Detail Drawing
Detail Drawing
Detail Drawing
33
"
Water Supply & Related Works
Drawin~ No.
t. Site Plan;
2. Existing Site Layout;
3. Cross Sections AA & BB;
4. Proposed Site Layout;
5. Cross Section CC, DD & EE;
6. Proposed Pumphouse Details;
7. Well Pump & Booster Pump and General Notes;
8. Concrete Storage Tank -Layout and Reinforcing;
9. Concrete Storage Tank -Sections and Reinforcing;
10. Single Line Diagram and Control Schematics - A Itematives;
11. Electrical Site Layout Specifications.
,
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34
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SCHEDULE "0"
NOTE:
It is understood and agreed that this Schedule fonns part of the Subdivision Agreement
between the TOWNSHIP OF ORO-MEDONTE and BACHL Y INVESTMENTS
INC.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS
The following list summarizes the cost estimate of the major works but is not necessarily inclusive:
A) Roadway construction complete including clearing
and grubbing, excavation, granular road base
materials and two lifts of asphalt............... ..............................................$ 579,033.00
B) Water Works complete including internal watennains, valves,
And hydrants and valves, water services, watennains,
Valves and hydrants and valves on County Road 19,
watennains, valves and hydrants and valves on Duncan Drive
well pump, modifications to pumphouse and
Storage Reservoir......... .............................................................. ...$ 335,292.00
C) Stonn Drainage works complete including storm
sewers, ditch inlet catchbasins, culverts, detention pond,
topsoil, seed and mulch, sod, ditching and siltation and
erosion control devices................................. .. ... . .. .. . ... . . . . .. . . ... . . ... .. ...$ 72,744.00
D) Miscellaneous Items such as street name and
regulatory signs................................................................... ......$ 2,100.00
E) Electrical Supply including street lights,
control panels and duct crossings.. ........... ................. ..................................$ 97,700.00
F) Parkland works including grading, trees, fence
and park sign ......................................................................... $ N/ A
G) Allowance for Engineering and supervision. ..............................................$ 102,987.00
SUB-TOTAL
$1,189,856.00
$ 83,290.00
7% G.S.T.
TOTAL COST
$1,273,146.00
35
NOTE:
SCHEDULE "E"
It is understood and agreed that this Schedule fonns part of the Subdivision Agreement
between the TOWNSHIP OF ORO-MEDONTE and BACHL Y INVESTMENTS
INC.
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES
& LIST OF LOTS REQUIRING SPECIAL A ITENTION
See Clause 8.1 which sets out specific requirements for all lots on the Plan in order to
obtain a building pennit for each and every lot.
36
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SCHEDULE "F"
NOTE:
It is understood and agreed that this Schedule fonns part of the Subdivision Agreement
between the TOWNSHIP OF ORO-MEDONTE and BACHL Y INVESTMENTS
INC.
Development Charges
The Developer acknowledges and agrees that prior to the issuance of any building penn its, the Developer
shall pay all development charges in accordance with the rates established in the applicable development
charge by-law. The Developer acknowledges that a development charge may be payable pursuant to by-
laws enacted under the Development Charges Act, 1997 or subsequent legislation by other bodies,
including the County of Simcoe, any public utility commission and board of education, who have
enacted by-laws under s.257.53 of the Education Act.
The Development Charges Act Levy is to be paid in full on a per lot basis, prior to issuance of a Building
Penn it, until levies have been paid for all lots.
NOTE:
In addition to the Municipal Development Charges, the lots may be subject to County
Development Charges, Education Development Charges and applicable development
charges of any Public Utility Commission at time of issuance of Building Penn it.
37
NOTE:
SCHEDULE "G"
It is understood and agreed that this Schedule forms part of the Subdivision Agreement
between the TOWNSHIP OF ORO-MEDONTE and BACHLY INVESTMENTS
INC., HEIGHTS OF MOONSTONE.
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
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
2.0
Block 70
Block 71
Block 72
Block 76
Block 77
Block 78
Block 81
Block 82
Block 83
Block 84
Storm water Management
0.30m Reserve
0.30m Reserve
0.30m Reserve
0.30m Reserve
3.0m Widening
Temporary Turning Circle
Temporary Turning Circle
0.30m Reserve
3.0m Widening
Plan 51M-
Plan 51M-
Plan 51M-
Plan 51M-
Plan 51M-
Plan 51M-
Plan5lM-
Plan 51M-
Plan 51M-
Plan 51M-
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
2.1 6.0m Storm Drainage Easement abutting the north limit of Lot 7, within Block "67", Plan 51 R-
2.2 6.0m Storm Drainage Easement abutting the west limit of Lot 8, within Block "67", Plan 51 R-
2.3 6.0m Storm Drainage Easement at the rear of Lots 8, 9, 10, 11, Plan 51 R-
2.4 2.0m Storm Drainage Easement on the south limit, Block "62", Plan 51 R-
2.5 4.0m Stonn Drainage Easement on the north limit, Block "61", Plan 51 R-
3.0 W A TERMAIN EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
3.1 6.0m Watennain Easement, Block "66" between Bachly Avenue and County Road #19,
Plan 51R-
3.2 6.0m Watennain Easement, Block "64" between Lots 27and 28, Plan 51 R-
4.0 LANDS TO BE CONVEYED TO THE COUNTY OF SIMCOE
4.1
4.2
4.3
4.4
4.5
Block 73
Block 74
Block 75
Block 79
Block 80
0.30m Reserve
0.30m Reserve
0.30m Reserve
5.0m Widening
5.0m Widening
Plan 51M-
Plan 51M-
Plan 51M-
Plan 51M-
Plan 51M-
It
38
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t
.
NOTE:
PARKLAND
SCHEDULE "H"
ft is understood and agreed that this Schedule fonns part of the Subdivision Agreement
between the TOWNSHIP OF ORO-MEDONTE and BACHL Y INVESTMENTS
INC.
$12,000.00 Cash In-Lieu of Parkland
39
'.
SCHEDULE "I"
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
.
SUBDIVISION
DEVELOPER
CONSUL TING ENGINEER
As required by the Agreement between the Corporation of the
TOWNSHIP OF ORO-MEDONTE and BACHL Y INVESTMENTS INC.,
HEIGHTS OF MOONSTONE
The Developer(s) dated
l. 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
t) 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.
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.
.
40
e
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4..
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.
SEAL OR WITNESS
41
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SCHEDULE" J"
NOTE:
It is understood and agreed that this Schedule forms part of the Subdivision Agreement
between the TOWNSHIP OF ORO-MEDONTE and BACHL Y INVESTMENTS
INC.
GENERAL LOCATION AND LOT GRADING PLANS
PROCEDURE
After the General Location and Lot Grading Plan have been approved by the Township, then:
a) six copies to be delivered to the Solicitor for the Township;
b) six copies to be delivered to the Township;
c) mylars for each Plan incorporated into the Subdivision Agreement shall be delivered to the Solicitor
for the Township.
42
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sc::HIDJLE "K"
Bank of Montreal ~ Banque de Monneal
-I
(..,.-....-..
PAGE; 1
IMDC/TOR/S/326586
NTERNATIONAL OPERATIONS, CENTRAL
34 SIMCOE STREET, 3RD FLOOR
ORONTO, ONTARIO
5T 1 T4
ELEX:MCI 62960
WIFT:BOFMCAT2
10 ,..416-867-5552
16) 867-7162
PPLICANT;
ACHLY INVESTMENTS INC.
R #2
ETTLEBY, ONTARIO
OG 1.JO
DATE OF ISSUE; JUNE 21, 2000
IRREVOCABLE STANDBY LETTER OF CREDIT
IMDC/TOR/S/326586
BENEFICIARY;
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
P.O. BOX 100
ORO-MEDONTE, ONTARIO LOL 2XO
AMOUNT; 583,281.00 CAD
MAXIMUM FIVE HUNDRED EIGHTY THREE
THOUSAND TWO HUNDRED EIGHTY ONE AND
00/100'5 CANADIAN DOLLARS
E HEREBY AUTHORIZE YOU TO DRAW ON THE BANK OF MONTREAL, INTERNATIONAL
PERATIONS, CENTRAL, 234 SIMCOE STREET, 3RD FLOOR, TORONTO, ONTARIO M5T lT4,
OR ACCOUNT OF BACHLY INVESTMENTS INC., UP TO AN AGGREGATE AMOUNT OF FIVE
UNDRED EIGHTY THREE THOUSAND TWO HUNDRED EIGHTY ONE AND 001100'S CANADIAN
OLLARS (CAD583,281.00), WHICH IS AVAILABLE ON DEMAND.
URSUANT TO THE REGUEST OF OUR CUSTOMER, THE SAID BACHLY INVESTMENTS INC., WE,
ANK OF MONTREAL, INTERNATIONAL OPERATIONS, CENTRAL, 234 SIMCOE STREET,
RD FLOOR, TORONTO, ONTARIO M5T lT4, HEREBY ESTABLISH AND GIVE TO YOU AN
RREVOCABLE STANDBY LETTER OF CREDIT ("LETTER OF CREDIT") IN YOUR FAVOUR IN THE
BOVE AMOUNT, WHICH MAY BE DRAWN ON BY YOU AT ANY TIME AND FROM TIME TO TIME,
PON WRITTEN DEMAND FOR PAYMENT MADE UPON US BY YOU, WHICH DEMAND WE SHALL
ONOUR WITHOUT ENGUIRING WHETHER YOU HAVE THE RIGHT AS BETWEEN YOURSELF AND
UR SAID CUSTOMER TO MAKE SUCH DEMAND AND WITHOUT RECOGNIZING ANY CLAIM OF OUR
AID CUSTOMER OR OBJECTION BY THEM TO PAYMENT BY US.
EMAND SHALL BE BY WAY OF A LETTER SIGNED BY AN AUTHORIZED SIGNING OFFICER
F THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE.
HIS ORIGINAL LETTER OF CREDIT MUST BE PRESENTED TO US AT BANK OF MONTREAL,
NTERNATIONAL OPERATIONS, CENTRAL, 234 SIMCOE STREET, THIRD FLOOR, TORONTO,
NTARIO M5T 1T4, ALONG WITH YOUR DEMAND FOR PAYMENT.
HIS LETTER OF CREDIT, WE UNDERSTAND, RELATES TO A SUBDIVISION AGREEMENT BETWEEN
ACHLY INVESTMENTS INC. AND THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE, WITH
iORTGAGE COMPANY, AS A THIRD PARTY, REGARDING SUBDIVISION OF THE WEST HALF OF
OT 15, CONCESSION 8, TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE (HEIGHTS OF
!OONSTONE) .
'HE AMOUNT, 0 F TH I S LETTER OF CRED I T MAYBE REDUCED FROM T I ME TO T I ME AS
,DVISED BY NOTICE IN WRITING GIVEN TO Us BY AN AUTHORIZED SIGNING OFFICER OF THE
'ORPORATION OF THE TOWNSHIP OF ORO-MEDONTE.
~-
Original
-
Bank of Montreal ~ Banque de Montreal
F'AGE:
PARTIAL DRAWINGS SHALL BE PERMITTED. WE HEREBY AGREE THAT PARTIAL DRAWINGS UN!
THIS LETTER OF CREDIT WILL BE DULY HONOURED UPON DEMAND.
THIS LETTER OF CREDIT WILL CONTINUE FOR A PERIOD OF ONE YEAR UPTO THE 20TH DA,
OF JUNE 2001, 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 (
ANY FUTURE EXPIRATION DATE HEREOF, UNLESS AT LEAST NINETY (90) ~AYS PRIOR TO 1
PRESENT. OR ANY FUTURE EXPIRATION DATE, WE NOTIFY YOU IN WRITING BY REGIST.-"
MAIL OR COURIER THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT TO BE
RENEWABLE FOR ANY ADDITIONAL PERIOD.
EXCEPT AS OTHERWISE EXPRESSLY STATED, THIS LETTER OF CREDIT IS ISSUED SUBJECT
THE UNIFORM CUSTOMS AND PRACTICES FOR DOCUMENTARY CREDITS (1993 REVISION),
INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500.
-------------------
--~~-----
OFFICER(AMEE) AUTHORIZED SIGNING OFFICER
THIS DOCUMENT CONSISTS OF 2 PAGE (S) . LC-:-Adekuntegeorg.~t..
I MDC/TORIS/326586 page nO....t
Original
e