08 12 2009 SpCouncil AgendaTOWNSHIP OF ORO-MEDONTE
SPECIAL COUNCIL MEETING AGENDA
Now, COUNCIL CHAMBERS
445-1 5~
Township of DATE: WEDNESDAY, AUGUST 12, 2009
Promf Herir(ge, Excitor Fature TIME: IMMEDIATELY FOLLOWING COMMITTEE
OF THE WHOLE MEETING
Page
1. OPENING OF MEETING BY THE MAYOR
2. PRAYER/CONTEMPLATION/REFLECTION
3. ADOPTION OF AGENDA
Motion for Adoption.
4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
5. MINUTES OF PREVIOUS MEETINGS OF COUNCIL:
a) Minutes of Special Council meeting held on July 15, 2009.
b) Minutes of Special Council meeting held on August 10, 2009 [to be distributed
at meeting].
6. REPORTS OF COMMITTEES:
a) Minutes of Committee of the Whole meeting held on July 15, 2009.
b) Recommendations of Committee of the Whole meeting held August 12, 2009.
7. BY-LAWS:
3-11 a) By-Law No. 2009-104 Being a By-law to Authorize the Execution of a Pre-
Servicing Agreement 2189952 Ontario Limited -
West Part of lot 10, Concession 10, RP 51 R-26822,
Part 1, being all of PIN # 58537-0088 (LT), Township
of Oro-Medonte, County of Simcoe.
12-13 b) By-Law No. 2009-106 Being a By-Law to Authorize the Issuance of the
Certificate of Maintenance and Final Acceptable
(Aboveground and Underground Works) for Edgar
Estates (BestPro Corp.), Registered Plan 51 M-723.
Page 1 of 31
Page
7. BY-LAWS:
14-29 c) By-Law No. 2009-107 Being a By-law to Authorize the Execution of an
Amended Subdivision Agreement between the
Corporation of the Township of Oro-Medonte and
Bachly Investments Inc.
30 d) By-Law No. 2009-108 Being a By-law of the Corporation of the Township of
Oro-Medonte to exempt Blocks 65, 66, 67, 68, and
69 of Plan M-679, in the Township of Oro-Medonte,
County of Simcoe, from Part Lot Control imposed by
Section 50 (3) of the Planning Act R.S.O. 1990, c. P.
13.
8. CONFIRMATION BY-LAW
31 a) By-Law No. 2009-103 Being a By-Law to Confirm the Proceedings of the
Special Council Meeting held on Wednesday, August
12, 2009.
9. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM
10. ANNOUNCEMENTS
11. ADJOURNMENT
Motion for Adjournment.
Page 2 of 31
Agenda Item # 7a) - Being a By-law to Authorize the Execution of a Pre-Servicing...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-104
Being a By-law to Authorize the Execution of a Pre-Servicing Agreement 2189952
Ontario Limited -West Part of lot 10, Concession 10, RP 51R-26822, Part 1, being
all of PIN # 58537-0088 (LT), Township of Oro-Medonte, County of Simcoe
WHEREAS, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter
P. 13, as amended, provides that municipalities may enter into agreements imposed as
a condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies;
AND WHEREAS the Council of the Township of Oro-Medonte deems it advisable to
enter into a Pre-=Servicing Agreement with the Owner of 2189952 Ontario Limited for
the following Description of Lands: West Part of lot 10, Concession 10, RP 51 R-26822,
Part 1, being all of PIN # 58537-0088 (LT), Township of Oro-Medonte, County of
Simcoe
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Oro-Medonte, a Pre-Servicing Agreement, a copy of which is
attached hereto and forms part of this By-law as Schedule 'A'.
That the Township of Oro-Medonte shall be entitled to enforce the provisions of
the Pre-Servicing Agreement against the owners of the land;
That this By-Law shall come into force and take effect on the final passing
thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 12TH DAY OF AUGUST, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF AUGUST,
2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 3 of 31
Agenda Item # 7a) - Being a By-law to Authorize the Execution of a Pre-Servicing...
Schedule "A° to By-Law No. 2009-104
a ~
PRE-SERVICING AGREEMENT
- between -
2189952 Ontario Limited
- and -
THE CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE
Plan of Subdivision of West Part of Lot 10, Concession 10, RP 51 R-26822 Part 1
Township of Oro-Medonte (Geographic Township of Oro), County of Simcoe.
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
July, 2009
By-Law No. 2009-104
Page 4 of 31
Agenda Item # 7a) - Being a By-law to Authorize the Execution of a Pre-Servicing...
PRE-SERVICING AGREEMENT
THIS AGREEMENT MADE BETWEEN:
Township of Oro-Medonte
(hereinafter called the "Township")
- and -
2189952 Ontario Limited
(hereinafter called the "Developer")
WHEREAS the Developer is the registered owner of the lands described in Schedule
"A" attached (the "Subdivision Lands");
AND WHEREAS the Developer desires to commence installing municipal services
within the Subdivision Lands, prior to the registration of the Plan of Subdivision and the
execution of the Subdivision Agreement with the Township;
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
ASSUMPTION OF RISK BY DEVELOPER
1.1 The Developer agrees to assume all risk in commencing installation of Township
services, as defined in Article 1.4 hereof, on the Subdivision Lands, prior to the
execution of a Subdivision Agreement with the Township and the registration of
the Plan of Subdivision. The Developer hereby releases the Township, its
agents, servants and employees from and against all actions, suits, claims and
demands whatsoever, which may arise either directly or indirectly as a result of
the installation of Township services by the Developer.
1.2 The Developer acknowledges and agrees that, in the event that a Subdivision
Agreement with the Township is not finalized for any reason and the Plan of
Subdivision is not registered as a result, pre-servicing of the Subdivision Lands
shall cease immediately.
1.3 The Developer acknowledges and agrees that Engineering design plans and
specification for the Township services to be installed by the Developer, as
submitted to the Township, in accordance with the terms of this Agreement, may
require further amendment as a result of requirements imposed by the Township
under the terms of the Subdivision Agreement to be entered into for the
Subdivision Lands. The Developer covenants and agrees to assume all risk and
responsibility for the cost of required revisions to the Engineering design
drawings and specifications for the Township services, together with the costs of
modifying, reconstructing, removing and/or replacing the Township services
installed by the Developer, pursuant to the terms of this Agreement, in order to
satisfy the requirements finally imposed by the Township at the time that the
Subdivision Agreement is entered into.
1.4 The Developer acknowledges and agrees that this Agreement relates to and
permits the installation of the following Township services on the Subdivision
Lands:
1. Road construction of Houben Crescent and Key Court;
2. Stormwater conveyance site alteration and structures;
3. Stormwater pond site alteration and structures;
4. Lot grading as a result of the above listed installations;
5. Installation of electrical services and secondary utilities.
Page 5 of 31
Agenda Item # 7a) - Being a By-law to Authorize the Execution of a Pre-Servicing...
1.5 The Developer acknowledges and agrees that no work shall be carried out on
any existing Township right-of-way, and that there shall be no connection to
services on any Township right-of-way.
1.6 The Developer acknowledges and agrees that no work shall be carried out on
lands not owned by the Developer, without the written consent of the owner to be
filed with and approved by the Township.
1.7 The Developer acknowledges and agrees that all Servicing Plans must comply
with Federal, Provincial and Township laws, By-laws, standards and policies.
2. REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK
2.1 The Developer agrees to submit the following to the Township, in a form
satisfactory to the Township, prior to the commencement of the installation of
Township services on the Subdivision Lands:
a) A letter from a qualified Engineer experienced in the field of Township
services confirming:
1. Retainer - That their firm has been retained by the Developers to act as
Consulting Engineers for
2. Terms of Retainer - The terms of their retainer with the Developer as
follows:
a) Plans and Specifications - Prepare plans and specifications for the
construction of Township services;
b) Cost Estimates - Prepare cost estimates for the Township services
to be constructed from the drawings;
C) Approvals - Obtain all necessary approvals to construct;
d) Co-ordination - Co-ordinate the installation of Township services to
avoid conflicts with regards to telephone, cable T.V., and Township
services;
e) On-Site Inspections - Ensure that all on-site inspections of
Township service installations are conducted by the Developer's
Consulting Engineers at all times during construction;
As-Constructed Drawings - Submit certified "as-constructed"
drawings after acceptance of the Township services;
g) Change in Retainer - If at any time during the project:
i) The terms of their retainer are changed by the Developer, or;
ii) If they become aware that they will not be able to provide "as
constructed" drawings, they will notify the Township within
twenty-four (24) hours;
h) Erosion and Siltation Control - Ensure all necessary precautions are
taken to prevent erosion and sedimentation of sewers, ditches,
culverts, slopes, etc., both within the subdivision and downstream,
prior to and during construction.
b) Confirmation letters are to be filed with the Township Clerk, confirming the
following:
1) The Township Engineer has no objection to the pre-servicing;
2) The Planning Department has no objection to the pre-servicing;
3) The Township Solicitors have no legal objections to the pre-servicing.
Page 6 of 31
Agenda Item # 7a) - Being a By-law to Authorize the Execution of a Pre-Servicing...
Payment of cash or certified cheque required to cover the cost of the
Township's lawyer and Planner for all costs involved in processing the Pre-
Servicing Agreement, and for all the Township's Engineers for checking of
plans, specifications and inspection on behalf of the Township for the sum of
Ten Thousand Dollars ($70,000).
As accounts are received from the Township Planner, lawyer, and Engineer,
they will be paid by the Township and then submitted to the Developer for
reimbursement within thirty (30) days. In the event that the deposit is drawn
down to a level of
Five Thousand Dollars ($5, 000)
or less, and the Developer does not pay the accounts within thirty (30) days,
is hereby understood and agreed that the Developer is in default of this
Agreement and all work must cease;
d) A Letter of Credit, as per Schedule "C", in the amount set out in Schedule "B",
attached, as security to ensure the due completion of the Township services
to be constructed by the Developer, and as security to be held by the
Township for the warranty periods to be more particularly described in the
Subdivision Agreement for the Subdivision Lands. The said Letter of Credit
shall provide that if in the sole opinion of the Township, default under the
terms of this Agreement has taken place, the said Letter of Credit may
thereupon be drawn upon in whole or in part;
e) A certified copy of an insurance policy, or a certificate of insurance, confirming
comprehensive general liability in the amount of Five Million Dollars
($5,000,000.00), naming the Township as co-insured, and containing the
following additional provisions or endorsements:
1) Products/Completed Operations provisions;
2) Cross-liability clause;
3) Blasting included, only if done by an independent contractor;
4) Notice of Cancellation - a provision that the insurance company agrees
to notify the Township within fifteen (15) days, in advance, of any
cancellation or expiry of the said insurance policy.
f) All Servicing Plans shall be submitted to and accepted by the Township
Engineer;
g) The Ministry of the Environment and Energy has given technical approval
to the Servicing Plans.
3. INSPECTION BY THE TOWNSHIP
3.1 The Developer agrees to permit unrestricted access to the Subdivision Lands to
the Township and its agents for the purpose of inspection of the Township
services to be installed by the Developer. Notwithstanding that inspections may
be conducted by the Township or its agents, the Developer shall bear sole
responsibility for the soundness of the Engineering design of the Township
services, and for ensuring that the Township services to be installed will function,
as intended, and will be compatible with the final Plan of Subdivision when and if
such Plan of Subdivision is approved.
3.2 If, in the opinion of the Township, there is an emergency situation as a result of
any work undertaken by the Developer or its servants, or agents, which requires
immediate attention to avoid damage to private or public property or services
owned by the Township or to eliminate a potential hazard to persons, such work
may be done immediately by the Township at the expense of the Developer, but
notice shall be given to the Developer at the earliest possible time.
Page 7 of 31
Agenda Item # 7a) - Being a By-law to Authorize the Execution of a Pre-Servicing...
4. APPLICATION OF SECURITY
4.1 In the event of default by the Developer under the terms of this Agreement, or if
the Township is required to enter onto the Subdivision Lands or the abutting
Township lands to conduct any work on the Township services or the connection
of the Township services to facilities due to an emergency, the Township shall be
entitled to draw upon the security posted by the Developer pursuant to the terms
of this Agreement, in whole or in part, to cover the costs incurred by the
Township in remedying the default on the part of the Developer, or in addressing
the emergency situation.
5. NO REDUCTION OF SECURITY
5.1 The Developer acknowledges and agrees that no reduction in the amount of
security filed by the Developer with the Township, in accordance with the terms of
this Agreement, shall be permitted until such time as the Developer has entered
into the Subdivision Agreement for the Subdivision Lands with the Township.
Thereafter, any reductions in the security posted by the Developer shall be
completed in accordance with the terms of the said Subdivision Agreement.
6. NO ASSUMPTION OF TOWNSHIP SERVICES
6.1 The Developer acknowledges and agrees that the Township shall not be required
to assume the Township services to be constructed by the Developer, pursuant
to the terms of this Agreement, until such time as the Developer has entered into
a Subdivision Agreement with the Township for the Subdivision Lands, and the
Township services have been completed, inspected, and approved.
7. NOTICE
7.1 Any notice required to be given pursuant to this Agreement may be given by
prepaid registered post to the Developer at the following address:
2189952 Ontario Limited
912 Old Barrie Road East
R. R. #2
Hawkestone, ON LOL 1 TO
and such notice shall be deemed to have been given and received on the third
day after mailing.
8. NO ASSIGNMENT
8.1 The Developer shall not assign or otherwise transfer the benefit of this
Agreement without the written consent of the Township, which may be
unreasonably withheld.
IN WITNESS WHEREOF the Developer has hereunto set its hands and seals this
day 12009.
Per: Developer
IN WITNESS HEREOF the Township has hereunto sets its hands and seals this
day of 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per: H.S. Hughes, Mayor
Per: J. Douglas Irwin, Clerk
Page 8 of 31
Agenda Item # 7a) - Being a By-law to Authorize the Execution of a Pre-Servicing...
SCHEDULE "A"
DESCRIPTION OF LANDS:
Plan of Subdivision of West Part of Lot 10, Concession 10, RP 51R-26822, Part ,1,
Township of, Oro-Medonte (Geographic Township of Oro), County of Simcoe.
Page 9 of 31
Agenda Item # 7a) - Being a By-law to Authorize the Execution of a Pre-Servicing...
Page 10 of 31
Agenda Item # 7a) - Being a By-law to Authorize the Execution of a Pre-Servicing...
SCHEDULE"C"
SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
DATE OF ISSUE:
NAME OF BANK:
ADDRESS OF BANK:
LETTER OF CREDIT NO.:
AMOUNT: $ 20,000
Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform
Customs and Practices for Documentary Credits (1993 Revision), being ICC Publication No.
UCP 500.
TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
P.O. Box 100, Oro Ontario, LOL 2X0
We hereby authorize you to draw on the Bank of
Ontario, , for the account of
up to an aggregate amount of
which is available on demand.
Pursuant to the request of our said customer, we, the Bank of
, Ontario, hereby establish and
give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may be
drawn on by you at any time and from time to time, upon written demand for payment made
upon us by you which demand we shall honour without enquiring whether you have the right as
between yourself and our said customer to make such demand and without recognizing any
claim of our said customer or objection by them to payment by us.
Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of
the Township of Oro-Medonte. The original Letter of Credit must be presented to us at : Bank
of Ontario, . The Letter of Credit, we
understand, relates to a Subdivision Agreement between our said customer and the Corporation
of the Township of Oro-Medonte, with Mortgage Company, as a third party, regarding
subdivision of
(property description)
The amount of this Letter of Credit may be reduced from time to time, as advised by notice in
writing, given to us by an authorized signing officer of the Corporation of the Township of Oro-
Medonte.
Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of
Credit will be duly honoured upon demand.
This Letter of Credit will continue in force for a period of one year, but shall be subject to the
condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to
be automatically extended without amendment from year to year, from the present or any future
expiration date hereof, unless at least thirty (30) days prior to the present, or any future
expiration date, we notify you in writing by registered mail that we elect not to consider this
Letter of Credit to be renewable for any additional period.
Dated at , Ontario, this day of 20 .
Authorized Signature
Bank of
Authorized Signature
Page 11 of 31
Agenda Item # 7b) - Being a By-Law to Authorize the Issuance of the Certificate
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-106
Being a By-Law to Authorize the Issuance of the Certificate of
Maintenance and Final Acceptable (Aboveground and Underground Works)
for Edgar Estates (BestPro Corp.), Registered Plan 51M-723
WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter
P.13, as amended, provides that municipalities may enter into agreements imposed as
a condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies;
AND WHEREAS Council for the Corporation of the Township of Oro-Medonte entered
into a Subdivision Agreement with BestPro Corp. in June 2002 to construct a residential
development consisting of thirty (30) lots on Lauder Road.
AND WHEREAS the requirements of this Subdivision Agreement with respect to the
aboveground and underground works have now been met;
NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
That the Certificate of Maintenance and Final Acceptance (Aboveground and
Underground Works) for BestPro Corp., Registered Plan M-723 may now be
issued by the Township Engineers (Aecom) in compliance with the Subdivision
Agreement between the Corporation of the Township of Oro-Medonte and
BestPro Corp.
That the attached Schedule "A", Certificate of Maintenance and Final
Acceptance (Aboveground and Underground Works) shall form part of this By-
Law.
That this By-law shall come into force and take effect on the final date of passing
thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 12TH DAY OF AUGUST, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 12 of 31
Agenda Item # 7b) - Being a By-Law to Authorize the Issuance of the Certificate
SCHEDULE"A"
TO BY-LAW NO. 2009-106
R~GPIA
•~r SUnnl. RaMa. 6N.. d€i,+.Wa 14N 9W1
I ius<i213zz2 Fv05 ~a40iSi4 www avtani. rtim
TOWNSHIP E~l'GiNl=t`~S
CERTIFICATE OF
MAINTENANCE AND FINAL ACCEPTANCE
(ABOVEGROUND AND UNDERGROUND WORKS!
MUNICIPALITY
Township of Oro-Madonfe
PROJECT
Edgar Estates Develo 1Ement
Ptah 51M - 723
DEVELOPER BESTPRO CORPORATION
FILE NO. 12-39115-51 Itr1MA 43T-83016[
Oescription of the Works:
Roadway and facilities in the Edgar Estates Subdivision Cotrsrstmg of,
Lauder Road from County Road No. 11 to A' Line of Orc-Medonte, a distance of %7 metres (3,172
et)
.
• James Glavdon Municipal Parkin Block 31.
• Fire Resarvoir in Block 33.
• SWM Facility in Blocks 32 and 40
We. AECOM. notify the Municipality that the above mentioned works were inspected on July a. 2009, and to
the Uesl of our knowledge and judgement are complete in accordance with the Subdivision Agreement,
except for the deficiencies below:
. NIL
We, AECOM, notify the Municipality that to the hest of our knowledge and judgment
1. The Developer named herein has completed the required maintenance work, has rectified known
deficiencies and has fulfilled 'Ita other farms of the Subdrvison Agreement.
2. The period of maintenance of this Subdivision Agreement expires on the issuance of this Certificate.
Date: 4. CZ , Signature.
Page 13 of 31
Agenda Item # 7c) - Being a By-law to Authorize the Execution of an Amended Subd...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-107
Being a By-law to Authorize the Execution of an Amended Subdivision
Agreement between the Corporation of the Township of Oro-Medonte and Bachly
Investments Inc.
WHEREAS, Section 51, Subsection (26) of the Planning Act R.S.D. 1990, Chapter
P. 13, as amended, provides that municipalities may enter into agreements imposed as
a condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies being Stage II of the
Heights of Moonstone Development (Plan M-679), Township of Oro-Medonte, County of
Simcoe.
AND WHEREAS Council of the Corporation of the Township of Oro-Medonte
authorized the execution of a Subdivision Agreement with Bachly Investments Inc. By
By-law 2000-058 in June 2000;
NOW THEREFORE the Council of 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 of the
Township of Oro-Medonte, an Amended Subdivision Agreement, a copy of which
is attached hereto and forms part of this By-law as Schedule "A";
2. That the Amended Subdivision Agreement, a copy of which is attached hereto
and forms part of this By-law as Schedule "A", be registered on title against the
lands described therein;
3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of
the Amended Subdivision Agreement against the owners and any and all
subsequent owners of the land;
4. That this By-Law shall come into force and take effect on the final passing
thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 12TH DAY OF AUGUST, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF AUGUST,
2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 14 of 31
Agenda Item # 7c) - Being a By-law to Authorize the Execution of an Amended Subd...
~Towr; ih )f
Proud Heritage, Exciting Future
ADDENDUM TO SUBDIVISION AGREEMENT BY-LAW 2000-58
- between -
BACHLY INVESTMENTS INC.
HEIGHTS OF MOONSTONE
STAGE II
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Block 65, Plan 51 M-679
Being all of PIN #58523-0479 (Lt)
Block 66, Plan 51 M-679
Being all of PIN #58523-0480 (Lt)
Block 67, Plan 51 M-679
Being all of PIN #58523-0481 (Lt)
Block 68, Plan 51 M-679
Being all of PIN #58523-0482 (Lt)
Block 69, Plan 51 M-679
Being all of PIN #58523-0483 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
August 2009
By-Law No. 2009-
Page 15 of 31
Agenda Item # 7c) - Being a By-law to Authorize the Execution of an Amended Subd...
TOWNSHIP OF ORO-MEDONTE
THIS SUBDIVISION ADDENDUM AGREEMENT made as of the day of
August, 2009.
BETWEEN:
BACHLY INVESTMENTS INC.
HEIGHTS OF MOONSTONE STAGE 11
(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 Developer and the Township entered into a Subdivision Agreement
dated the 28th day of June, 2000 and registered July 25, 2000 as Instrument No.
442688 (the "Subdivision Agreement") in respect to the lands legally described as Lots
1-59 both inclusive, Blocks 60-70 both inclusive, and Blocks 71,72,73,74,75,76,77, and
83, Plan M-679, Township of Oro-Medonte, County of Simcoe; and
AND WHEREAS the Developer and the Township wish to prepare an addendum to the
Subdivision Agreement for the lands described on Schedule "A" hereinafter known as
the "said lands" and attached hereto on the terms and conditions hereinafter set forth;
and
AND WHEREAS the said lands are subject to a Registered Plan of Subdivision 51 M-
679 and Council support for Part Lot Control in December 2003, 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:
Page 16 of 31
Agenda Item # 7c) - Being a By-law to Authorize the Execution of an Amended Subd...
1. Parts 1-10 of the Subdivision Agreement adopted by By-law 2000-58 shall apply
to the Stage 2 lands subject to the revisions as noted in this addendum.
2. That Schedules A-K attached hereto apply to the Stage 2 lands and form an
addendum to the Subdivision Agreement. 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.
3. Prior to signing the Subdivision Agreement, the Developer will deposit with the
Treasurer of the Township to cover the faithful performance of the contract for
the installation of the said services and the payment of all obligations arising
thereunder, the securities identified in the Schedules to this Addendum
Agreement.
4. The works to be installed are set out in Schedule "C" to this Agreement. This
schedule is to set out the works in general terms 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 ppublic services required by the Plan, the Developer
shall construct, install or pertorm such additional works at the request of the
Township Engineer.
5. The parties hereto ratify and confirm that all other terms of the Subdivision
Agreement remain the same and continue in full force and effect.
6. This Agreement shall enure to the benefit of and be binding on the parties hereto
and their respective permitted successors and assigns.
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 day of August A.D. 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per
H.S. Hughes
Title Mayor
Per
J. Douglas Irwin
Title Clerk
BACHLYINVEST TSI C,.
Per
Title"
Per
Title
Page 17 of 31
Agenda Item # 7c) - Being a By-law to Authorize the Execution of an Amended Subd...
SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
and BACHLY 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 of Oro-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, being Blocks 65,66,and 69, Part of Blocks 67
and 68, and Part of Lots 7, 8, 9, 10, and 11 on Registered Plan M-679, being Parts
1 through 64 on RP 51R-36876, Township of Oro-Medonte (formerly Township of
Medonte), County of Simcoe.
Page 18 of 31
Agenda Item # 7c) - Being a By-law to Authorize the Execution of an Amended Subd...
SCHEDULE"B"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
and BACHLY INVESTMENTS INC.
PLAN OF SUBDIVISION
West Haff of Lot 15, Concession 8, being Blocks 65,66,and 69, Part of Blocks 67 and
68, and Part of Lots 7, 8, 9, 10, and 11 on Registered Plan M-679, being Parts 1
through 64 on RP 51R-36876, Township of Oro-Medonte (formerly Township of
Medonte), County of Simcoe.
Page 19 of 31
Agenda Item # 7c) - Being a By-law to Authorize the Execution of an Amended Subd...
SCHEDULE"C"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
and BACHLY INVESTMENTS INC.
WORKS TO BE CONSTRUCTED
- Roadway construction complete including fine grading, granular road base
materials and two lifts of asphalt on Brechin Crescent, Jennett Avenue, Boyd
Crescent, and Bachly Avenue 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;
Storm drainage works including ditches, culverts, stormwater management pond
outlets, drainage swales, topsoil, see, mulch, geoweb, rip rap, ditching culverts,
and siltation and erosion control measures
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, Totten Sims Hubickl, on October 31, 2007.
Drawing No.
Description denotes revised/new drawings for Stage 2)
1
General Notes*
1A
General Plan -North (Stage 2)*
16
General Plan South
P1
Station 0+000 to 0+300.00 Bachly Avenue
P2
Station 0+300 to 0+580.00 Bachly Avenue
P3
Station 0+580 - 0+801.949 Bachly Avenue*
P4
Station 0+000 - 0+288.175 Jennett Drive*
P5
Station 0+000 - 0+300 Brechin Crescent*
P6
Station 0+300 - 0+464.034 Brechin Crescent*
P7
Station 0+000 to 0+300.00 Boyd Crescent
P8
Station 0+300 to 0+510.00 Boyd Crescent
P9
Station 0+510 to 0+600.00 Boyd Crescent
P10
Station 0+600 to 0+838.366 Boyd Crescent*
P11
External watermain Station 0+000 to 0+290
P12
External watermain Station 0+290 to 0+580
P13
External watermain Station 0+580 to 0+750.054
GR1
Grading Plan
GR2
Grading Plan
GR3
Grading Plan (Stage 2)*
GR4
Grading Plan (Stage 2)*
GR5
Grading Plan (Stage 2)*
GR6
Grading Plan (Stage 2)*
ST1
Storm Drainage Plan - North (Stage 2)*
ST2
Storm Drainage Plan -South
U1
Utility Coordination Plan - North (Stage 2)*
U2
Utility Coordination Plan - South
D1
Detail Drawing*
D2
Detail Drawing*
D3
Detail Drawing
D4
Detail Drawing*
SWM1
SWM Pond Detail Stage 2*
SW M2
Overflow Channel Stage 2*
SW M3
Ditch Crossections Stage 2*
SWM4
Pond Outlet Channel Stage 2*
SWM5
Internal Storm Drainage Areas for Swale and Culvert
Capacity Analysis*
ES1 Erosion & Sedimentation Control Plan*
6
Page 20 of 31
Agenda Item # 7c) - Being a By-law to Authorize the Execution of an Amended Subd...
SCHEDULE"D"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE and BACHLY
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
141,252.00
B)
Water Works
$ 33,050.00
C)
Storm Drainage works
161,456.00
D)
Miscellaneous Items such as street name and
regulatory signs
1,500.00
E)
Electrical Supply including street lights,
control panels and duct crossings
34,893.00
F)
Parkland works including grading, trees, fence
and park sign
N/A
G)
Allowance for Engineering and supervision
37,215.00
SUB-TOTAL $ 372,151.00
5% G.S.T. $ 20,468.00
TOTAL COST
To be retained by Township $ 134,275.00
7
$ 429,834.00
Page 21 of 31
Agenda Item # 7c) - Being a By-law to Authorize the Execution of an Amended Subd...
SCHEDULE "E"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE and BACHLY
INVESTMENTS INC.
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES
& LIST OF LOTS REQUIRING SPECIAL ATTENTION
See Clause 8.1 which sets out specific requirements for all lots on the Plan in
order to obtain a building permit for each and every lot. References to the
Simcoe County Health Unit Approval are amended to reference the Township of
Oro-Medonte.
Page 22 of 31
Agenda Item # 7c) - Being a By-law to Authorize the Execution of an Amended Subd...
SCHEDULE"F"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE and BACHLY
INVESTMENTS INC.
Development Charges
The Developer acknowledges and agrees that prior to the issuance of any building permits, 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 Permit, 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 Permit.
Page 23 of 31
Agenda Item # 7c) - Being a By-law to Authorize the Execution of an Amended Subd...
SCHEDULE"G"
NOTE: 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 Part 56 Stormwater Management Plan 51 R-36876
1.2 Part 49 Turning Circle Plan 51 R-36876
1.3 Part 57 Turning Circle Plan 51 R-36876
1.4 Part 58 Widening Plan 51R-36876
1.5 Part 59 0.3 m Reserve Plan 51 R-36876
1.6 Part 48 6.Om Widening Plan 51R-36876
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
2.1 3.5m Storm Drainage Easement abutting the north limit of Part 7, being Part 8 on Plan
51 R-36876
2.2 3.5m Storm Drainage Easement abutting the south limit of Part 10, being Part 9 on Plan
51 R-35876
2.3 7.Om Storm Drainage Easements being Parts 51,53, and 55 on Plan 51R-36876
2.4 7.Om Storm Drainage Easement/Maintenance Access on the north limit of Lots
7,8,9,10,11 Plan 51M-679, being Parts 32,34, 60,61,62,63,64,36,38,40,41,and 44 on
Plan 51 R-36876
3.0 WATERMAIN EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
3.1 6.0 m Easement being Part 48 on Plan 51 R-36876
10
Page 24 of 31
Agenda Item # 7c) - Being a By-law to Authorize the Execution of an Amended Subd...
SCHEDULE"H"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE and BACHLY
INVESTMENTS INC.
PARKLAND
$ 8000.00 Cash In-Lieu of Parkland
11
Page 25 of 31
Agenda Item # 7c) - Being a By-law to Authorize the Execution of an Amended Subd...
SCHEDULE "1"
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
V4~ N~ ~vST~rs
CONSULTING ENGINEER LU A pC-~j,:,1Go & -
As required by the Agreement between the Corporation of the
TOWNSHIP OF ORO-MEDONTE and BACHLY INVESTMENTS INC.,
HEIGHTS OF MOONSTONE
The Developer(s) dated 2:~~~ Y r
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®OR
C) Grading, topsoiling and seeding of private blocks and parks on or before/;V-
d) Boulevard sodding on all roads on or before Go *L i;~/ -
e) Hot asphalt on or before ?c) 5 e- -q 7G C
f) Planting of trees on or before ~114
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.
12
Page 26 of 31
Agenda Item # 7c) - Being a By-law to Authorize the Execution of an Amended Subd...
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.
B HLV INVEST N S
DEVELOPER
r~
SEAL O13 WITNESS DATE
13
Page 27 of 31
Agenda Item # 7c) - Being a By-law to Authorize the Execution of an Amended Subd...
SCHEDULE "J"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE and BACHLY
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.
t4
Page 28 of 31
Agenda Item # 7c) - Being a By-law to Authorize the Execution of an Amended Subd...
SCHEDULE"K"
SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
DATE OF ISSUE:
NAME OF BANK:
ADDRESS OF BANK:
LETTER OF CREDIT NO.:
AMOUNT: $
Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform
Customs and Practices for Documentary Credits (1993 Revision), being [CC Publication No.
UCP 500.
TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
P.O. Box 100, Oro Ontario, LDL 2X0
We hereby authorize you to draw on the Bank of
Ontario, , for the account of
up to an aggregate amount of
emand.
Pursuant to the request of our said customer. , we, the Bank
of
Ontario-hereby establish
and give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may
be drawn on by you at any time and from time to time, upon written demand for payment made
upon us by you which demand we shall honour without enquiring whether you have the right as
between yourself and our said customer to make such demand and without recognizing any
claim of our said customer or objection by them to payment by us.
Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of
the Township of Oro-Medonte. The original Letter of Credit must be presented to us at : Bank of
Ontario, . The Letter of Credit, we
understand, relates to a Subdivision Agreement between our said customer and the Corporation
of the Townshi of Oro-Medonte with Mortgage Company. as a third party, regarding
su ivision o
(property description)
The amount of this Letter of Credit may be reduced from time to time, as advised by notice in
writing, given to us by an authorized signing officer of the Corporation of the Township of Oro-
Medonte.
Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of
Credit will be duly honoured upon demand.
This Letter of Credit will continue in force for a period of one year, but shall be subject to the
condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to
be automatically extended without amendment from year to year, from the present or any future
expiration date hereof, unless at least thirty (30) days prior to the present, or any future
expiration date, we notify you in writing by registered mail that we elect not to consider this
Letter of Credit to be renewable for any additional period.
Dated at
, Ontario, this day of
19
authorized signature authorized signature
Bank of
15
Page 29 of 31
Agenda Item # 7d) - Being a By-law of the Corporation of the Township of Oro-Med
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-108
Being a By-law of the Corporation of the Township of Oro-Medonte to exempt
Blocks 65, 66, 67, 68, and 69 of Plan M-679, in the Township of Oro-Medonte,
County of Simcoe, from Part Lot Control imposed by Section 50 (3) of the
Planning Act R.S.O. 1990, c. P. 13.
WHEREAS, Section 50, Subsection (7) of the Planning Act, R.S.O. 1990, Chapter P.13,
as amended, provides that notwithstanding the provisions of Subsection 5, the Council
of a municipality may by by-law provide that plans of subdivision or parts thereof as is or
are designated in the by-law are not subject to Subsection 5 of Section 50;
AND WHEREAS Bachly Investments inc., has applied to the Council of the Corporation
of the Township of Oro-Medonte requesting that a by-law be enacted under the
provisions of Subsection 7 of Section 50 of the Planning Act, R.S.O. 1990, c P. 13;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte
hereby enacts as follows:
That Subsection 5 of Section 50 of the Planning Act R.S.O. 1990, c.P.13 does
not apply to Blocks 65,66,67,68, and69 of Plan M-679, in the Township of Oro-
Medonte, County of Simcoe. And
That this By-Law shall come into force and take effect from and after the final
approval of the Corporation of the Township of Oro-Medonte.
BY-LAW READ A FIRST AND SECOND TIME THIS 12TH DAY OF AUGUST, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF AUGUST,
2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 30 of 31
Agenda Item # 8a) - Being a By-Law to Confirm the Proceedings of the Special Cou...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-103
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE
SPECIAL COUNCIL MEETING HELD ON WEDNESDAY, AUGUST 12, 2009
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
HEREBY ENACTS AS FOLLOWS:
1. THAT the action of the Council at its Special Council Meeting held on Wednesday,
August 12, 2009, and in respect to each Motion, Resolution and other actions
passed and taken by the Council at its said Meeting is, except where prior approval
of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed.
2. THAT the Mayor and the proper Officials of the Township are hereby authorized and
directed to do all things necessary to give effect to the said action or to obtain
approvals where required and to execute all documents as may be necessary on
behalf of the Council of the Corporation of the Township of Oro-Medonte. And, the
Clerk is hereby authorized and directed to affix the corporate seal to all said
documents.
BY-LAW READ A FIRST AND SECOND TIME THIS 12TH DAY OF AUGUST, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 12TH DAY OF
AUGUST, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 31 of 31