2010-041 Agreement - 2189952 Ontario Ltd.THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2010-041
Being a By-law to Authorize the Execution of a Subdivision Agreement between
the Corporation of the Township of Oro-Medonte and 2189952 Ontario Ltd.
and to
Repeal By-law No. 2009-151
"Being a By-law to Authorize the Execution of a Subdivision Agreement between
the Corporation of the Township of Oro-Medonte and 2189952 Ontario Ltd."
WHEREAS, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter
P. 13, as amended, provides that municipalities may enter into agreements imposed as
a condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies being Part of Lot 10,
Concession 10, Part 1 of 51 R-26822, save and except Part 1 of 51 R-33096, (Former
Township of Oro), being all of PIN # 58537-0088(LT), (known as the Houben
Subdivision), Township of Oro-Medonte, County of Simcoe;
AND WHEREAS Council of the Township of Oro-Medonte did on the 12th day of
November 2009, enact By-Law No. 2009-151, A By-law to Authorize the Execution of
a Subdivision Agreement between The Corporation of the Township of Oro-Medonte
and 2189952 Ontario Ltd;
NOW THEREFORE the Council of the Corporation 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 Subdivision Agreement, a copy of which is
attached hereto and forms part of this By-law as Schedule "A";
2. THAT the 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 Subdivision Agreement against the owners and any and all subsequent
owners of the land;
4. THAT By-law No. 2009-151 be repealed in its entirety;
5. 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 24TH DAY OF FEBRUARY,
2010.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 24TH DAY OF
FEBRUARY, 2010.
RATION OF THE TOWNSHIP OF ORO-MEDONTE
D` puty Clerk, Janette Teeter
SUBDIVISION AGREEMENT
- between -
2189952 ONTARIO LIMITED
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
PLAN OF SUBDIVISION OF PART OF LOT 10, CONCESSION 10, PART 1 OF 51 R-
26822, SAVE AND EXCEPT PART 1 51 R-33096, TOWNSHIP OF ORO-MEDONTE
(GEOGRAPHIC TOWNSHIP OF ORO), COUNTY OF SIMCOE.
BEING ALL OF PIN # 58537-0088(LT)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
February 24, 2010
By-law No. 2010-041
TOWNSHIP OF ORO-MEDONTE
SUBDIVISION AGREEMENT
TABLE OF CONTENTS
Part 1 General Requirements
Part 2 7 he Lands, Plans and Representations
Part 3 Requirements Prior to Execution of Agreement
Part 4 Pre-Construction Requirements
Part 5 Financial Requirements
Part 6 Staging or Phasing
Part 7 Construction Requirements
Part 8 Building Permits and Occupancy
Part 9 Maintenance and Acceptance
Part 10 Default Provisions
SCHEDULES
Schedule "A" - Description of Lands Affected by this Agreement
Schedule "B" - Plan of Subdivision
Schedule "C" - Works to be Constructed
Schedule "D" - Itemized Estimate of Cost of Construction of Each
Part of the Works for Phase 1
Schedule "E" - List of Lots. Requiring Special Attention
Schedule "F" - . Development Charges
Schedule "G" -
Schedule "H" -
Schedule "I" -
Schedule "J" -
Schedule "K' -
Schedule "L" -
Deeds and Easements to be Conveyed
Parkland
Declaration of Progress and Completion
General Location and Lot Grading Plans
Master Monitoring Document
':standard Township Letter of Credit
2
TOWNSHIP OF ORO-MEDONTE
THIS AGREEMENT made as of the 24th day of February, 2010.
BETWEEN: 2189952 ONTARIO LIMITED
(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 (43T-94003) 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 ,nada now paid by the Township to the
Developer (the receipt whereof is herels ,knowledged), THE DEVELOPER AND THE
TOWNSHIP HEREBY COVENANT ANL ...9EE WITH ONE ANOTHER AS
FOLLOWS:
PART -
GENERAL REQUIREMENTS
1.1 DEVELOPERS 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 October,
1997).
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 Township of Oro-Medonte sewage approval
authority, Simcoe County District School Board and Simcoe
t uskoka Catholic District School Board, and utility companies, or as
u 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 .C 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 construction of all the services.
1.1.8 To ensure that the work involved in construction of the services is
carried out by construction methods conforming to acceptable
engineering practice.
1.1.9 To maintain records of construction which shall be available for
inspection or copy by the Township.
1.1.10 To prepare final "as constructed" 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 CD ROM or DVD.
Two copies of each Plan of Subdivision are required on separate
d sks.
Each disk must be labeled identifying the legal property description,
developer's name, file name, and date delivered.
PKZIP Release 2.04G or higher may be used to perform file
compression if required.
It is the Developers responsibility to ensure that all drawing
changes occurring throughout the approval process are
incorporated into the digital submission.
4
All line data depicting property boundaries must be mathematically
cIlosed to form polygons.
'The lines, which describe the boundary of all properties created
within the Plan of Subdivision, will be isolated on a unique
sayer/level. In certain cases, some of the line segments will coincide
with the location of concession lot lines, registered plan data, open
roads, rivers, and lakes.
PLAN OF SUB layer/level will outline the property boundaries in the
form of enclosed polygons.
LAYER/LEVEL
PLAN OF SUB
LINE TYPE
CONTINUOUS
COLOUR
YELLOW (2)
The text, which describes the property lot numbers for the Plan of
Subdivision, will be isolated on a unique layer/level. The lot number
will be inserted as descriptive text.
j LAYER/LEVEL PL LT TEXT
FONT MONOTEXT
r
COLOUR YELLOW 2
The digital f;es 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 afore-mentioned and any cost incurred by
the Township will be the responsibility of the Developer or individual
!dt 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
'tNOTE: That a Professional Engineer could also be retained to
p ovide the, afore-mentioned 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.
5
1.2 LEGAL NOTICE TO DEVELOPER
Any notice required to be given hereunder may be given by registered mail
addressed ►o 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:
Brenda Hou6en
912 Old Barrie Road East
RR2 Hawkes .one Ontario
LOL 1 TO
Or by Facsimile Transmission to, (705) 487-7013
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
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 a,r_d void.
1.5 MORTGAGEE BECOMING DEVELOPER
The mortgagee(s) hereby agrees that in the event of him/they becoming the
Develope r:(s).of the lands under his/their mortgage by way of foreclosure,
purchase or otherwise, either beneficially or in trust, then the mortgage(s) shall be
deemed to be postponed to this Agreement and any lands registered in the name
of the Township shall be free of the mortgage(s), and the mortgagee(s) agrees to
register a discharge of the mortgage(s) on those lands if called upon by the
Township, to-do so, and he/they shall be subject to the terms of the Agreement
as though he/they had executed this Agreement in the capacity of the Developer.
1.6 ASSIGNMENT OR TRANSFER OF MORTGAGE
The.mortgagee(s) agrees that in the event of him assigning or transferring the
mortgage(s. on the lands, the assignment(s) or transfer(s) shall be subject to the
terms hereof, in the same manner as if the assignee or transferor has executed
this Agreement.
1.7 LANDS FOR f4IUNICIPAL PURPOSES
The Develer.)(~-r agrees to grant good title in fee simple free and clear from all
encumbran;~.es 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 iieu thereof, as provided by Section 51.5 of the Planning
Act, R.S.O. 1990, c;.P.1.',' and required by the Township of Oro-Medonte. The
Developer also agrees to certify good title to lands by the Developer's solicitor.
The deeds {gin; :ne said lands are to be approved by the Township's Solicitor and
thereaftef, t Rrthwith, registered and deposited with the Township Clerk. The
Developer shall pay the cost for preparation and registration of the said deed.
The Developer shall provide to the Township's solicitor, certification of good title,
free end clear from all encumbrances.
6
1.8 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
Developers 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 easoments and rights-of-way shall be set out in Schedule "G" of this
Agreement. .
1.9 HYDRO AND TELEPHONE
Prior to the. Township releasing this proposed Plan for registration, the Developer
shall provide the Township with a letter from the electricity supplier and from the
telephone supplier, stating that the Developer has entered into a satisfactory
arrangements with them with respect to the costs of installing underground wiring
and financial contributions in this regard.
The cost of any relocations or revisions to existing private companies' plant and
equipment, which are necessary to accommodate this subdivision, shall be borne
by the Developer.
1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING
The Developer-agrees to advise all prospective purchasers, renters and lessees
that there are no schools planned within this subdivision, or within walking
distance of it, and that enrolment within the designated Public and Catholic
school sites in the community is not guaranteed, and that pupils may be
transported W accommodated in temporary facilities out of the neighbourhood
schools' arex
This clause is to be placed in any Offer or 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.
1.11 CANADA-POST
The Developer agrees to construct a site if required to the specifications and
standards, of Canada Post and the Township, as required for the construction of
mailboxes by Canada Post.-
1.12 MINISTRY OF THE ENVIRONMENT
The Developer and each individual lot owner, agrees to comply with the
requirements and recommendations of the "Houben Subdivision, Township of
Oro-Medob:e, Stormwater Management Report, Addendum #2, Revised
Stormwate, Management Facility Layout" dated January 2008, Revised March
2008 prepared by C.C. Tatham & Associates Ltd. Accepted for construction by
Townships Engineer on April 11, 2008 and approved with Ministry of Environment
Certificate of approval #4900-7E5HAZ, June 9, 2008.
1.13 WARNINGTO PROSPECTIVE LOT DEVELOPERS
The Developer shaaE provide copies of Clauses 1.1.11, 1.1.12 and Note 1.1, 1.8,
1. 10, 1.111f. 12, 1. 13, 5.v> 5.7.2, 7.3, 7.9, 7.16, 8.1, 8.1.1, 8.1.3 to 8.1.4, 8.2, 8.3,
8.4, 8.5, 9.5 aria: schedules."E" and "F", to each prospective purchaser of a lot(s).
1.14 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 performed 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 performing 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.
1.16 ENUREMENT
This Agreement shall enure to the benefit of and be binding upon the parties and
their heirs, executors, administrators, successors and assigns.
1.17 INDIGENOUS VEGATED SCREEN
The Developer agrees to retain or if necessary introduce an indigenous vegetated
screen along the southerly boundary and westerly edges of Block 27, to function
as a visual buffer between the subdivision and the Knox Presbyterian Church and
cemetery. In accordance with Schedule "G", Block 27 is to be conveyed to the
Township of Oro-Medonte.
1.18 FIRE PROTECTION
In lieu of the dedication of Block 33 for Fire Protection purposes which is not
required due to the close proximity of the existing fire reservoir in the Sprucewood
Estates subdivision, the Developer agrees to pay 50% of the costs associated
with the construction of the existing fire reservoir located in the Sprucewood
Estates subdivision. Block 33 in accordance with Schedule "G" is to be conveyed
to the Township which contains the access to the Park Block (Block 27) as shown
on the approved engineering drawings.
PART - 2
THE LANDS, PLANS AND REPRESENTATIONS
2.1 SCOPE OF AGREEMENT
DESCRIPTION OF LANDS
The lands affected by this Agreement are the lands described in Schedule "A"
hereto.
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, may necessitate a
change in the provisions of this Agreement.
CONFORMITY WITH AGREEMENT
The Developer agrees to satisfy all the requirements, financial and otherwise, of
the Township concerning the provision of roads; the installation of services and
drainage.
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 Drawings listed in Schedule "C" of this Agreement, along
with the "Houben Subdivision, Township of Oro-Medonte, Stormwater
Management Report, Addendum #2, Revised Stormwater Management
Facility Layout" dated January 2008, Revised March 2008 prepared by
C.C._ "Aham & Associates Ltd..
DraXr,hg No.
Description
See Schedule "C" attached hereto
2.4.3 All Plans and Specifications submitted to and accepted by:
2.4. 11 Ministry.of the Environment
2.43.2 Electrical Distribution Utility
2.4.;3.3 Township of Oro-Medonte
2.4.3.4 County of Simcoe
2.4.4 All applicable Township By-Laws, including any applicable Site Plan
Gontrol By-Laws.
2.4.5 All applicable Provincial and Federal Legislation and also including the
Federal Fisheries Act.
9
2.5 RELIANCE UPON REPRESENTATIONS
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 form part of this Agreement:
Scilledule °A" -
Description of Lands Affected by this Agreement
Schedule "B" -
Plan of Subdivision
Sched(le "C" -
Works to be Constructed
Sche-JIe "D" -
Itemized Estimate of Cost of Construction of Each
Part of the Works for Phase 1 & 2
Schedule "E" -
List of Lots Requiring Special Attention
Schedule "F" -
Development Charges
Schedule "G" -
heeds and Easements to be Conveyed
Schedule "H" -
Parkland
Schedu e "I" -
Declaration of Progress and Completion
Sche Jule "J" -
General Location and Lot Grading Plans
Schedule "K" -
Standard Township Letter of Credit
2.7 SUBDIVISION CHANGES
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.
10
PART - 3
RM,`REMENTS PRIOR TO EXECUTION OF AGREEMENT
3.1 Prior to. the execution of this Subdivision Agreement by the Township, the
Developer shall:
3.1.1 Taxer, have paid air 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 PosWonement Mortgage/Charge - file with the Township solicitor, for his
approval, a postponement of Mortgage/Charge document.
3.1.4 Cash Deposits, Development Charges and Security - have paid to the
Township all cash deposits, development charges and security required by
Schedia,ps "D", "F" and "H".
3.1.5 Concfituction/Engineering Plans and Specifications - have supplied to the
Tow, hip, those Plans and Specifications necessary to identify the
construction/engineering aspects of the proposed development, and have
received from the ownship an acknowledgment of conformity with general
design concepts c:f,the Township.
3.1.6 Ele1 riciL -have supplied to the Township for approval, 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.
3.1.7 Insurance Certificate - file with the Township Clerk, an insurance certificate
confirming those coverages specifically set out hereafter.
3.1.8 Consulting Engineer's Letter - ensure that each Consulting Engineer (who
must be experienced in the field of Municipal Services) for the Developer,
file vdth the. Township, a letter confirming the terms of his retainer, and
which letter shall be in draft format supplied by the Township.
3.1.9 Utilities and Canada Post Confirmation - arrange for the Electrical
Distribulion Utility, Bell Telephone, and Canada Post, to write a letter to the
Townsh'Np Clerk confirming that:
3.1.5:,,:1 They have been informed of the project and have seen the
development plans.
3.1..9`:2 Satisfact(.:;Y arrangements have been made with them for
Servicing the subdivision without expense or obligation on the part
of the Township.
3.1.9.3 Easement requirements, if any.
3.1.1Q 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.
3.1.11 6glrovals - obtain and file with the Township, confirmation approvals
from the following:
11
3A11 1.1 Ministry of the Environment
3.1.11.2 Electrical Distribution Utility
3.1.1'1 .3 Township of Oro-Medonte
3.1.11.4 County of Simcoe
3."11.5 Ministry of Citizenship, Culture and Recreation
3.1..1 1.6 Simcoe County District School Board
11'.11.7 Simcoe Muskoka Catholic District School Board
3.1.12 Lot Sizes - file with the Township, a certificate from an Ontario Land
Surveyor confirming that the frontage and area of each lot meets the
minimum requirertients of the Township Zoning By-law.
3.1.13 Community Mail Boxes - file with the Township, a Plan showing the
location of, and access to, community mail boxes.
3.1.14 Mylars - provide for registration, Mylars of all Plans incorporated into
this Agreement as Schedules.
3.1,15 '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.
12
PART-4
PRE-CONSTRUCTION REQUIREMENTS
4.1 Prior to startirg construction of the subdivision works, the Developer shall:
4.1.1 Plan Registration
Obtain final approval of the Plan from the Township of Oro-Medonte and
obtain registration of the Plan.
4.1.2 69proval 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;
the service layout plan for Electrical and Telephone;
iiil
iv) the road plans and profiles.
4.1.3 Certificate of Approval
Submit to the Township, the Ministry of the Environment's Certificate of
Approval for Storrs, Works, and detention facilities.
4.1.4 C.9ptr acior
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
Pri r to the start of construction, the Developer shall supply for the
Township Engineers, 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
Endinef;r, from time to time, may direct. In any event the Schedule, or
amendf;d Schedule, as the case may be, shall conform to the
requ ements of Clause 4.1.8.
4.1.6 Stormwater Manaaement
A sto'rmwater mar-agernent report shall be prepared by the Developer's
Engin-,ar for approval. by the Township Engineer which details the means
whereby stormwator drainage will be accommodated and how erosion and
siltation will, be contained on site both during and following construction.
This report must deal with post development stormwater quality and shall
conform to Ministry of Environment Interim Stormwater Quality Guidelines.
13
4.17 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 there from.
A Stor,xr Drainage and Siltation Control Plan shall be prepared by the
Developer's Engineer for approval by the Township Engineer, the County
of Sin i6oe Engineer, and the Ministry of the Environment. Prior to any
grading or construction commencing on the site or final approval and
registration of the subdivision, the Developer's Engineer shall submit the
Plan°for approval by the Township Engineer. The Plan must deal with post
development ston-plwater quality and shall conform to the Ministry of
Envirorment/Mini8try of Natural Resources Interim Stormwater Quality
G,tiidf l nes. 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, and the
County Engineer. The Developer agrees to maintain all erosion and
siltation control devices in good repair during construction.
The Developer shall ensure that any environmental protection measures
recommended in the Storm Water Management Plan are implemented.
The Plan shall provide for the designation of a site supervisor whose
primary function is to ensure that the recommendations of the Plan are
implemented. The Developer shall also ensure that a work activity log is
maintained to record the dates and descriptions of work activities and site
inspections. Inspections shall occur on a regular basis and must occur
after significant storm events, until rehabilitation is complete.
4.1.8 Sic. ns
Sigma at least 1.2 metres by 1.8 metres shall be provided and erected by
the L'!.veloper at each entrance to the subdivision, at a location approved
by the 'Township Engineer, and the signs shall read as follows:
"ROADS NOT AS$UMED BY TOWNSHIP - USE AT YOUR OWN RISK"
T :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 (Aboveground Services).
4.1.9 . 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 for
the first phase and all underground services shall be installed within one
year of the day of registration of this Agreement, and all aboveground
seivice~s shall be installed in accordance with the Declaration of Progress
and Co-~ipletion, as required under Clause 7.11 of this Agreement, but no
longer than two years from the date of registration of this Agreement,
unle -s extended by the Township Engineer. Subsequent phases shall be
cornJeted within a one (1) year time frame for underground services and
two (2) years for aboveground services from date of commencement.
Should for any reason there be a cessation or interruption of construction,
the.Developer small provide forty-eight (48) hours written notice to the
Towns. i`p Engineer bofore work is resumed;
14
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;
Give notice to the Developer to stop work on the said municipal services
and to.'provide that no Yther 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
Give notice to the Developer to stop work on the municipal services and
inform the Developer that the Township proposes to realize on its security
and .proceed with the completion of construction in accordance with the
provi, 'ipns of the Plans filed with the Township.
4.2 BREACH OP 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
5.1 DEVELOPER'S EXPENSE
Every provision of this Agreement, by which the Developer is obligated in any
way, shall be deemed to include the words "at the expense of the Developer"
unless specifically stated otherwise.
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. n this regard, the Developer agrees to pay to the Township, the sum
of TEN TH(("~ USAND DOLLARS ($10,000.00) upon submitting a Plan to the
Township for onsideration 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) day so that the initial deposit will again be built up to enable the
Township to pay the next (counts 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 Developer 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 Develc )er shall deal directly with all Utility companies. He or his Consulting
Engineer .sl",:11 obtain all approvals and permits and pay all fees and utility
charges directly to the Utility until the Certificate of Maintenance and Final
Acceptance,(Undergro+und Services) are issued.
If an additione.1 ;ectrical ser/ice is required for Township purposes, the
Developerymall include tl?e cost of installation and maintenance of the service.
5.5 DEVELOPMENT CHARGES. REAL PROPERTY TAXES AND OTHER LEVIES
a) Development charges and education development charges shall be
paya!^le on a per-lot basis prior to the issuance of the first Building Permit
with respect to the particular lot.
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
furthe ' 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
enti-,wed on the Collector's Roll according to the Registered Plan.
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c) Befo:-1i the Plan is approved, the Developer agrees to commute and pay
the T)vnship's share of any charges made under the Drainage Act and
the Muinici al Act; 2001, S.O. 2001, c.25 at present serving this property
and assessed against it.
These; charges are se out in Schedule "F" of this Agreement.
NOTE: In addition to the Municipal Development Charges, the lots may be
subject to County development charges and applicable
development charges of any Public Utility.
5.6 SECURITIES
Prior to sigring the Subdivision Agreement, the Developer will deposit with the
Treasurer of the Township to cover the faithful performance of the contract for the
installation o -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
o' the said work as approved by the Township Engineer and Township
ColJncil, or:
b) An ir,-evocable Letter of Credit from a Chartered Bank, issued in
accov e.nce with the requirements of Schedule "L" with an automatic
rene el clause,: in the amount of one hundred percent (100%) of the
estimated costs of the said works, as set out in Schedule "D" and as
approved by the Township Engineer. The Letter of Credit shall be for a
minimum gLoaranteed period of one (1) year, or such time as the Township
decide-s,- and shall be renewed automatically, as necessary, three (3)
mont s 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) Notxithstanding 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
exe.c~stion 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 F v°nt that the Developer fails to deliver to the Township the
addi`,ctlal security as required by the Township Engineer, it is hereby
undE .,;stood and agreed that the Developer be deemed to be in default of
this Agreement and the Township may, without notice, invoke default
provisi,ons as set out in this Agreement.
The, Township reserves the right to accept or reject any of these alternative
me#h:;,)s of providing securities. Prior to depositing the securities, the
Deveipper'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 ir- Schedule "Q" is greater by 10% 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.
17
d) Apppllcafion - any Letter of Credit or security filed with the Township is based
upon'th;.Ii~ estimated cost of completing the various matters prescribed by this
Agreen cent. However, all Letters of Credit and security received by the
Towrr ihip may be used as security for any item or any other matter, which
under, ;he terms of this Agreement, is the responsibility of the Developer,
includi ,g, without Irmiting the generality of the foregoing, payment of
Engirjeering, legal; 'Planning, and Development Charges, or other costs
incurred by the Township, which are the responsibility of the Developer
under ttve terms of this Subdivision Agreement, as well as development
charges and costs t,o acquire lands or interest therein.
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.
f) Exceedina Cost Estimates - if the costs of completing such work or service
exceeds the amount of security held by the Township, such excess shall be
pair' by the Developer to the Township, thirty (30) days after invoicing by the
Tovvnship. All overdue accounts shall bear interest at the rate of 12% per
annum.
g) Save!? Armless -the Developer, on behalf of itself, its successors and
assigr,.i s, agrees to indemnify and save harmless the Township from and
against any and all claims, suits, actions and demands whatsoever which
may a.±se either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to
complete the work cr services required to be completed under this
Agreem, it. provided the subject matter of such action, suits, claims or
O~fn r•,ds was not caosed intentionally or through gross negligence on the
part of the Township, its servants or agents or sub-contractors.
h) '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, 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
compete 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 terms of this Agreement, be returned
to the 1'ssuing financial institution for transmission to that party that took out
the original Letter of Credit.
5.7 DISC14ARGE 01F SECURITIES
5.7.1 Estir"°Med Cost of Works - after the completion of fifty percent (50%) of the
servic eis 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
compOnce with all aspects of the Subdivision Agreement, the Developer
shall, as the work.further proceeds to completion, have the privilege, on
applica icAn to the how iship and upon certification of the Township Engineer,
o -OU.1plining reductions of the cash or Letter of Credit deposited for the
installation of the services, in increments of not less than ten percent (10%).
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 work estimate and the remainder
released. A further ten percent (10%) of the completed work estimate will be
released upon satisfactory assurance to the Township that
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theme are no liens pursuant to the Construction Lien Act affecting lands
conveyed or to be conveyed to the Township within the Plan of Subdivision,
ppr want to the terms of this Subdivision Agreement.
5.7.2 Final Occupancy and Lot Grading Deposit - the Developer or Individual Lot
Owned :mall deposit with the Township, the required Final Occupancy and
Lot C'rading Deposit at a rate applicable at the time of the issuance of
Buildig Permits. Upon certification of final grade elevations indicating that
the property has been developed in conformity with the General Location
and Lot`Grading Plan by an Engineer and approved by the Township
Engi4er, the balance of the deposit shall be returned.
5.8 STATUTOW! DECLARATION OF ACCOUNTS PAID
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
normal. guarantee holdbacks, and that there are or will be no claims for liens or
otherwise in connection with such work done or materials supplied for or on
behalf of tho Developer in connection with the subdivision.
5.9 PLEDGE OF RTITLE TO LANDS
The Developer hereby charges and pledges as security for all costs, charges,
expenses or p ' 3ligations of the Developer under the provisions of this Subdivision
Agreement a% of its right, title and interest in the said lands, and consents to the
registration a* his Subdivision Agreement against title to the said lands.
5.10 INSURANCE CERTIFICATE AND POLICY
5.10.1 Aolicl of Insurance the Developer shall lodge with the Township, on
o pr or to the execution of the Agreement, an insurance certificate with
an'irisurance company satisfactory to the Township, (which said approval
s.hall'not be unreasonably withheld or delayed), and insuring for the joint
benefit of the Developer, their agents and the Township and their agents,
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 year after completion and acceptance of the Township services to
be constructed herein.
5.14.2 Comprehensive General Liability/Environmental Impairment - such policy
shafi carry limits of liability in the amount to be specified by the Township,
LIU,, in no event shall it be less than FIVE MILLION DOLLARS
($5,000,000.00) inclusive comprehensive general liability, environmental
impairment liability in an amount not less than FIVE MILLION DOLLARS
(5,®00,000.00), and such policy shall contain:
a) P (aress-liability clause;
b) ~"oduct/completed operation coverage;
C) ..:;;,all not, have an exclusion pertaining to blasting, provided that any
blasting required to be done shall be done by an independent
-centracto; dul'v qualified to do such work;
d) `shall include +k.)e following names as insureds:
i THE-- CORPOP,.ATION OF THE TOWNSHIP OF ORO-MEDONTE
5.10.3 Notice of Cancellation - a provision that the insurance company agrees
to'notify.the Township within fifteen (15) days in advance of any
cancpllation or expiry of the said insurance policy.
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5.10.4 Certificate of Coverage - any certificate of coverage filed with the
Township Clerk shall specifically contain their confirmation that coverage
i ..cludes (a), (b), (c) and (d) above and are in effect.
5.10.5. Confirmation of Premium Payment - the Developer shall, from time to
time as required by the Township, provide confirmation that all premiums
on, swh policy or policies insurance have been paid, and that the
inset ance is in full force and effect. The Developer shall see that a copy
of the policy is filed with the Township.
5.10.6 Clair-n 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 terms 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 permission to divide the area of the subdivision
into convenior; stages. If the work is thus staged, as approved by the Township,
then in lieu of, furnishing cash payment or Letter of Credit, all as set out in Clause
5.6 for one !k undred 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, acid no Building Permits issued until this approval has
been received and additional securities deposited. When fifty percent (50%) of
the lots of thr, subdivision or stages of the subdivision have been built upon and
all the services have not been completed and approved by the Township
Engineer, the Township reserves the right to refuse commencement of the next
stage until all services have been installed and approved.
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 substantially completed (underground) within a
two (2) year period after registration of this Agreement.
Notwithstav ling anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until at
least fifty percent (50%) of the lots on the subdivision or stage of the subdivision
have competed dwellings erected therein and Occupancy Permits have been
issued. ''rhe Developer shall be responsible for the maintenance of the services
in this casE - un►il the Township has assumed the responsibility of the services.
The subdiv ~'on is to be developed in the following Phases:
Phase 1 Lots 10 to 20 Plan 51 M-
Phase 2 Lots 1 to :9 & 21 to 25 Plan 51 M-
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PART-7
CONSTRUCTION REQUIREMENTS
7.1 WORKS TO BE INSTALLED
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 SubdivifJon Agreement. A copy of these standards is available at the
Municipal Offs e.
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 perform such additional works at the request of the
Township En y.ineer.
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 shall preserve all healthy trees within the limits of the
subdivision, where possible. If, in the opinion of the Township Engineer,
indFscriminate removal of trees takes place within the limits of the Plan of
Subdiwision, including road allowances, parkland, and individual lots, the
TownsNp shall have the option of having a Stop Work Order on
construction of the services and/or building on a particular lot where the
remova.i is taking place. Work will not be allowed to proceed until the
Towns flip is satisfied that the practice will not continue and the
Dev(.,'.! Viper/Builder agrees to carry out remedial work requested by the
Township. The Developer agrees to provide a copy of this clause to each
and &,ioary prospective builder/prospective purchaser.
7.3.2 The Developer shall prepare and implement a vegetation plan/tree
planting play that outfnes where and how the vegetation buffer will be
e ,ha',wd with trees and shrub plantings. In addition, the tree planting
plan shall require panting of up to three 2.4 metre or taller hardwood trees
on those lots not having any tree cover.
7.3,3: Prior to grading of any lot or the Township giving its release for
registration, the Developer shall prepare a tree saving plan for the lot to
the satisfaction of the Township.
7.3.4 The Developer shall plans; two (2) 2.4 metre, or taller, hardwood trees of a
minimum of 50 mm caliper on each lot having less than three (3) trees in
the front yard(s), if required by the Township. The type of trees must be
sa-isfactory to the Township.
7.3.5 In addition, the Developer shall plant trees with the above specifications at
15 metre intervals around the perimeter of the park, if one is to be located
within tl o plan, in areas where there is not a sufficient growth of trees as
deternj.hed by the Township.
22
r
7.4 MOVEMENT OF FILL
t,
The Developer covenants grid agrees that he shall not dump, nor permit to be
dumped, any fl or debris on, nor shall he remove or permit to be removed, any
fill, topsoil', , ees 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
permission 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
All access roads must be maintained by the Developer in good repair acceptable
to the Tow.n1chip 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 su:ciivision, and no roadway outside the limits of the proposed
subdivisiori ,ay be closed without the written consent of the Township Public
Works Officia'. For the purpose of getting such consent, the Developer shall
advise the Township Public Works Official and the Township Clerk of the date
and time they wish. to ciese a roadway. The Township reserves the right to limit
or prohibit "e use of any existing access road by the Developer.
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 service:y, 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 ! inventory of existing conditions prior to work on the subdivision.
Otherwise, the Township Public Works Official's assessment of conditions prior to
constructicn refill be final.
7.8 DUST CONTROL
Until the Celt, :irate of Substantial Completion and Acceptance (Aboveground
Works) hasl aen issued, the Developer shall apply calcium or other Ministry of
the Environr,ient approved dust` suppressant 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 Deve;v der has not aken 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 rr easure of dust control.
i
7.9 CONSTRUCTION REFUSE
All construction refuse, garbage and debris from the subdivision must be
disposed of it 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
permitted by the Township. The Developer agrees to deliver a copy of this clause
23
to each and -?%/ery builder obtaining a Building Permit for any lot or part of a lot on
the said Ploa 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 ard with sect 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
requirement, 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 confirmed, in writing, as soon as possible, thereafter. A copy of
this clause shall be delivered by the Developer to each and every contractor
engaged it construction of services for the subdivision.
7.11 DECLARATION OF PROGRESS AND COMPLETION
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 form similar to that attached
to this AgreQa spent as Schedule 'T', the Declaration of Progress and Completion,
for approva' 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.
It is understood and agreed khat should the Developer fail to construct
the remain`.. services, as stipulated, and by such dates as provided in the
Declaration, the Developer shall pay to the Township, as pre-determined
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.
7.12 PROGRESS bF 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
precedew ;E 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
scheduli!igI provisions outlined in the Schedule of Works or the Declaration, or
having corn ine,nced 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 mann%r'required by the Township Engineer, then upon the Township
Engineer giving seven (7) days written notice by prepaid registered mail to the
Developer, tN 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 inst ai ation of the said works, including the repair or
reconstructioncf faulty vyorlk and the replacement of materials not in accordance
with the, sjJ ,ifications, 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 thirty (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 ag* ent 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 a!I other remedies it may have, may refuse to issue
Building R rm is until such works are completely installed in accordance with the
24
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 car part of a lot on the said Plan.
7.13 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES
It is intender, that the electricity and street lighting, and the detention pond will be
constructed, inspected and approved prior to the completion of the other works,
including roads and boulevards.
Building Permits will not be issued until the Township Engineer has given the
Certifioato of Substantial Completion and Acceptance (Municipal 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 (2) year maintenance period, the Developer fails to carry out
rectification and repair work as requested by the Township, then the Township
may carry o,at the work and be reimbursed the cost of the work from the
Developel~'s securities, as set out under Clause 9.3.
Notwithstandirog anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (500/1.,); of the lots on the subdivision or stage of the subdivision have
completed d,. ellings erected therein and Occupancy Permits have been issued.
The Develc;:per shall be responsible for the normal operation, maintenance, and
all repairs o-.` -he services, in this case, until the Township has assumed the
responsibility of the services.
7.14 EMERGENCY REPAIRS
Employees <r 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.
7.15 USE OF WORKS BY TOWNSHIP
The Developer agrees that:
1. The works may be used prior to acceptance by the Township or other
authorize l persons for the purpose for which such works are designed.
II. Such use ahall not be deemed an acceptance of the works by the Township,
and;
III. Such m. :shall not in any way relieve the Developer of his obligations in
respect, of the construction and maintenance of the works so used.
7.16 DRAINAGEi,iAND LOT GRADING
All lots and Mocks within the Plan and all lands abutting the Plan shall be graded
to drain in accordance with the Overall Lot Grading Plan LG-1 to LG-3 prepared
by C.C. Tatham & Associates Ltd., and approved by the Township Engineer and
the Township. 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.cprne.rs, as well as mid-lot elevations, where deemed necessary by the
Township Engineer.
25
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 p!jrpose of the storm swales is to accommodate storm drainage
waters from'the subject lot and adjacent lands. No lot owner in the subdivision
shall encurr.`y)er or impede storm drainage in any manner whatsoever. In the
event that .tr.,'e 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 orol?ems 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 theTownship 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.~vork will be for the account of the lot owner. Any invoices not paid
within thirty (30) days after the due date, shall be added to the tax roll and
collected in a like manner as realty taxes, as per Section 446 of the Municipal
Act, 20(L.
The Deve!cr,ar 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.
Generally; the drainage facilities will consist of open ditches within the
subdivis'P. or storm sewers in certain locations to provide a satisfactory drainage
outlet, and will be in accordance with the Storm Drainage Plan STM-1 prepared
by C.C. Tatham & Associates Ltd., and approved by the Township Engineer and
the Township.
7.17 PARKLAND WORKS
All parkland works indicated on the Park development plan are to be constructed
in accordance with Section 14 - Park Requirements of the Township of Oro-
Medonte Engineering Standards and drawings.
The park ar:rd must be completed to the satisfaction of the Township prior to the
issuance o' 2.5% of the total Building Permits allowed in the subdivision.
7.18 DEFT Nom;
For the,purpw.t s of this Subdivision Agreement:
(i) The.'rrn "Underground Services" shall mean the storm drainage works
(including culverts :end detention pond), underground electrical distribution
system, and street lighting serving the Plan of Subdivision, as more
particularly described in Schedule "C to this Subdivision Agreement.
(ii) Tie 8rm Certificate of Substantial Completion and Acceptance (Municipal
Underground Serviges) shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Municipal Underground Services to be installed by the Developer under the
26
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
(Muni ;ipal Underground Services) shall not constitute an assumption of the
Mun;,.;ipal Underground Services by the Township.
(iii) The term "Certificate of Maintenance and Final Acceptance (Municipal
Underground Services)" shall mean a Certificate issued by the Township
-ppon the recommendation of the Township Engineer confirming that the
Municipal Underground Services constructed by the Developer, in
accordance with the terms of this Subdivision Agreement, and as more
particuiarly 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 Municipal Underground Services by the Township.
(iv) The'torm OAbovegrour d Services" shall mean all Municipal services to be
coast:'! rcted by the Developer pursuant to the terms of this Subdivision
Agreement, as more particularly identified in Schedule "C", excluding
Underground Services.
(v) The term "Certificate of Substantial Completion and Acceptance
(Aboveground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Aboveground Services to be installed by the Developer under the provisions
of thin Subdivision Agreement, as more particularly identified in Schedule
" C", have been substantially completed, in accordance with plans and
spe fJcations 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 Von "Certificate of Maintenance and Final Acceptance (Aboveground
Servi l( s)" shall mean a Certificate issued by the Township upon the
recor mendation of the Township Engineer confirming that the Aboveground
Servi,,es constructed by the Developer in accordance with the terms of this
Subdiv sion 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., or,stitute final acceptance and assumption of the Aboveground
Se vi es by the Tc%vnship.
The term "Certificate of Substantial Completion and Acceptance" means a
Certificate of Substantial Completion and Acceptance (Municipal
Underground Services) or a Certificate of Substantial Completion and
Acceptance (Aboveground Services), as the provisions of this Subdivision
Agreement require.
(viii) The term "Certificate of Maintenance and Final Acceptance" means a
Certi, irate of Maintenance and Final Acceptance (Municipal Underground
Servi es) or a Certificate of Maintenance and Final Acceptance
(Aboveground Services), as the provisions of this Subdivision Agreement
req,o;re.
27
'PART - 8
BUILDING PERMITS AND OCCUPANCY
8.1 TOWNSHIP OF ORO-MEDONTE
The Devei.pper further agrees that he or any person, persons, or Corporation
claiming title through the Developer, will not apply for a Building Permit for any
part or portion of the said lands or on any lot therein, and no Building Permit shall
be issued unt v a Sewage System Permit approval has been received for the land
in question.
The Developqu"s Engineer shall prepare an overall Lot Development Plan for
approval by'-he Township, and the Township Engineer. The Plan shall include
the following:
a) envelopesfor the proposed house and any adjacent structures on each lot.
b) an envelope snowing the location, size and elevation of the subsurface
sewegp.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 corners and mid-lot elevation.
e) location. and type of proposed water supply.
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, experienced in private sewage
system design, for approval by the Township Engineer, prior to the
issuance of a Sewage System Permit for each respective lot. Site
Development Plans, which conform to the overall Lot Development
Olan at an approved metric scale using metric dimensions and
elevations, shall include the following:
rz) 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 and type of water well, including 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 conformity with the approved Plans noted
above.
28
g) the Professional Engineer will be required, prior to the issuance
of a Final. Inspection Report, to certify to the Township, in writing,
that the foregoing works have been carried out in accordance
with the approved Plans noted above.
8.1.2 The Developer further agrees to construct all works required under
Clause. 7.16, and as shown on the approved Overall Lot Grading Plan LG-
1 to L G-3, Storm Drainage Plan STM-1, and Siltation and Erosion Control
Plan SC-1, all prepared by C.C. Tatham & Associates Ltd., to the
saa,;? sfaction of the Township and the Township Engineer.
8.1.3 The Developer further agrees to advise all prospective lot owners of the
requirement that it may be necessary for the sewage system to be
installers prior to construction of the home, subsequent to the issuance of a
Sewage System Permit.
8.2 REQUIREMENTS FOR BUILDING PERMITS
The developer acknowledges and agrees that final approval or registration of the
Plan by the T,,jv►r,ehip or the acceptance by the Township of the works set out in
this Agre ent?ntshall not.be deemed to give any assurance that Building Permits,
when applied for, will be issued in respect of the lots or blocks shown on the Plan.
Notwithstanding the foregoing, no Building Permits will be given and the Chief
Building Official may refuse;any application until:
(i) Sewage system approvals have been obtained and submitted to the
Township. The Township of Oro-Medonte sewage approval authority
requirements are set out in Clauses 7.16 and 8.1.
(ii) Thr.- Storm Water Management System have been installed, tested and
approved by the Township Engineer and he has issued his Certificate of
Substantial Completion and Acceptance (Municipal Underground
Services).
(iii) Plans f(,,,r remaining underground services such as Bell Telephone or
Electrj,,. sty have been approved.
(iv) A "Builders" road consisting of the grading, curb and gutter or ditch
shaping and full de;.pth of Granular "B" sub-base, has been constructed on
the road providing'access to the lot.
(v) Approva of the Township, Engineer has been obtained for the construction
of./ar+.'f buildings to be erected on lots or blocks listed in Schedule "E"
hereto.
(vi) ..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.
(vii) A Certificate Letter and Lot Development Plan has been given by the
Deve?oper's Consulting Engineer or a Professional Engineer registered
with th.,.1 Association of Professional Engineers of Ontario, that the building
Jo ha erected on any lot or block within the Plan, for which a Building
Permit has been applied for, is in conformity with the General Location and
Lot r,ding Plans, or has received the approval of the Township Engineer
with re=spect.to any variance to the Grading Plan.
29
The idividua! Lot Development Plan must be approved by the Township
Engineer prior to the issuance of a Building Permit. A copy of the receipt
showing payment to the Township must be provided to the Township
Engineer prior to the r6view of the plan.
(viii) All dead trees within the limit of the Plan have been removed.
(ix) Arrangements have been made and approved by the Township for
Municipal Address,System numbering, as set out in Clause 8.4.
(x) The-parkland must be completed to the satisfaction of the Township, as
per'Section 7.17.
(xi) The Traffic and Street Name signs have been installed and approved by
the Township Engineer.
(xi) Ar7 Development Charge's have been paid, in full, in accordance with the
appl?c,=able 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 trio: same has been communicated to the Chief Building Official for the
Tows ship of Oro-Medonte, in writing, by such a body.
8.3 LOTS UNSUITABLE FOR B
RING
Any lot, which Dail1 require special attention in order to be serviced, will be listed
on Schedule "E" of this .Agreement. Prior to the issuance of a Building Permit 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.
8.4 MUNICIPAL ADDRESS SYSTEM
The Developer shall be responsible for obtaining the municipal address system
numbers fors. each and every lot from the Municipal Office. As a further
requirement, in order to obtain a Provisional Certificate of Occupancy, the
Develope end/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).
8.5 REQUIREM ENTS FOR OCCUPANCY
8.5.1 No tu,1dings erected on the lots or blocks within the Plan shall be occupied
until a PROVISIONAL CERTIFICATE OF OCCUPANCY has been issued
by th,e,Township in accordance with the Township Building and Plumbing
By-Law.
PRP'% NONAL CERTIFICATE OF OCCUPANCY means a permit issued
to aiiowoccupancy. of a building.
8.5.2. A. FINAL CERTIFICATE OF OCCUPANCY will not be issued until:
(i) The roadway has received the granular roadbase materials
full depth and the base course of asphalt, provided asphalt is
commercially available.
.(ii) The underground electrical, telephone lines, gas mains and
street lights have been installed and approved by the Township
Engineer.
30
(ii) A Certificate Letter and individual Lot Development Plan
have 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
'ot 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 the issuance of a
FINAL CERTIFICATE OF OCCUPANCY.
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
Engineering Standard.
(v) The trees have been planted on the lot by the Developer in
accordance with Clause 7.3.
lji) Any deficiencies on a Provisional Certificate of Occupancy
,have 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 pert of a lot on the said Plan.
8.6 OCCUPANCY LIQUIDATED DAMAGES
Notwithstan!" ing 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 underthis 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.
31
PART-9
MAINTENANCE AND ACCEPTANCE
9.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES
On receipt (i, 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!,(Municipai Underground Services) be issued. It should be noted that
the Certificate of Maintenance and Final Acceptance (Municipal Underground
Services) clar, be applied for by the Developer two (2) years after the receipt of
the Certificate of Substantial Completion and Acceptance (Municipal
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 or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have 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
responsibilPt;V 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 vi'll accept the road system. The Township Engineer shall issue a
Certificate ('1-1 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 acceptange .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 Certificate of Substantial Completion and Acceptance. This
shall be cal'Eed the Maintenance Period. The maintenance shall include the
maintaining and mowing of grasp, within the road allowances, as well as the
parkland area and detention pond, on a regular basis. If the Township is
requested carry out this maintenance, the Developer shall pay all charges to
the Township.
If, during tf pis period, the Developer fails to carry out maintenance work within
forty-eight.(46f, hours after receipt of a request from the Township, then the
Township Efiq.ineer may, without further notice, undertake such maintenance
work and that; Metal cost of such work, including Engineering fees, shall be borne
by the Devi loper. 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,'estima.-ted cost-of the works shall be retained by the Township.
Towards t . end of the maintenance period, the Developer shall make written
request to the Township, or 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 fora final -inspection, whichever period of time is the greater.
32
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume: Ve responsibility for and take over the subdivision services until fifty
percent (60%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Deveioper shall be responsible for the maintenance of the services in this
case until the Township has assumed the responsibility of services.
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 wi;h be the Township's responsibility after the issuance of the Certificate
of SubstantialCompletion and Acceptance (Aboveground Services). Winter
control shaji include snow plowing, 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
(Aboveground 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.ny the Developer, the Township, through its servants, contractors, or
agents, may'provide without notice to the Developer. Such winter control shall be
onlycarried.but 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 otherwise may be deducted from the cash deposit or
Letter of C'x:dit.
The cost o' such works to be at the following rates:
Machinery and Equipment $50.00/hr.
Labour $23.00/hr.
Mixed Sand and Salt $12.00/m3
Payr,A, Burden - 41%
Adin Nstration 7%
G.S.T. 5%
The Township may adjust these rates from time to time.
The Deg eZ.,cptpr 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 iri 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 4ewnship; 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 al.!'su prvey monuments, standard iron bars and iron bars shown on the
registered p wl. The statement must be dated within two months of the date of
acceptance..
9.6 FINAL ACS' _PTANCE OF ABOV GROUND SERVICES
Upon receipt' of the Deyeloper's request for a final inspection of the Aboveground
Services, the Township Er gineer will again inspect the work and if satisfied, will
recommend to the Township that the Certificate of Maintenance and Final
Acceptance F e issued.
33
Notwithstandl - ng anything hereinafter set out, the Township shall not be obligated
to assume 'the -responsibility for and take over the subdivision services until fifty
percent (5W,10'.of the lots on the subdivision or stage of the subdivision have
completed dwellings erected "N,arein and Occupancy Permits have been issued.
The Developer shall be responsible for the maintenance of the services, in this
case, until.the Township has assumed the responsibility of the services.
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 Land 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
TownshiO`.iWtespect 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.
9.8 DRAINAGE - RESPONSIBI~ ITY 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 ai;~d subsequent owners of 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: 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 Subdivisbl Jpon which the Township elects to enter for the purpose of rectifying
the said wo f,'c:; hereby agrees to indemnify and release the Township from and
against all c Pa rr:s, demands, actions or causes of action whatsoever arising as a
result of tne'M owr'ship 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 Deveioper and/or subsequent lot owner. Any invoices not paid within
thirty (30) :days affer due dale, shall be added to the tax roll and collected in a like
manner a a :a.S y taxes as per Section 446 of the Municipal Act, 2001.
34
PART -10 - DEFAULT PROVISIONS
10.1 DEFAULT PROVISIONS
Notwithstand;,ng anything herein before contained in this Subdivision Agreement,
and in addition to any other remedies, when the Developer is deemed by the
Township to be in default of this Agreement, the Township reserves the right to
realize upon any securities deposited on or on behalf of 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 Permits, and the Developer agrees not to apply for any Building Permits
or Occupancy Permits 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 SUBSTITUTIQ3 1 FFOR APPROVALS
Wherein this. Agreement reference is made to any named Ministry of the Province,
Township of Oro-Medonte 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 or
of the Township.
10.4 CHARGES (DR EXPENSES INCURRED BY THE TOWNSHIP
The Developer further agrees that all costs, charges or expenses incurred by the
Township 'n satisfying the obligations of the Developer in the event of default of the
DevelopeC ender the terms 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 ac :oroiance with the provisions of Section 446 of the Municipal Act, 2001.
IN WITNESS WHE►~,EOF the parties hereto have executed this Agreement and have
hereunto caused. be affixed the corporate seals, duly attested to by the proper signing
officers.
10
SIGNED, SEALED AND DELIVERED this day of , 2069.
THE CORPORAT!0 O1' THE TOWNSHIP OF ORO-MEDONTE
A
Per
H..S. Hu_Qfts
Title _ Mayor/.
Pe
. !DLu rwin
Title leo
2189952 ONTARIO LTD.
Per Fr!e a Houtf I
Title 1,
35
SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT
ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in
the Township of Oro-~Medonte (formerly Township of Oro), in the County of Simcoe, and
being composed of the whole of the lands described as follows:
Part of Lot 10, Cocc,.i)ssion 10, being Part 1, Plan 51 R-26822, save and except Part 1 of
51 R-33096, being :-iii of PIN # 5837-0088 (LT), Township of Oro-Medonte, County of
Simcoe
36
1
SCHEDULE "B"
NOTE: It is and ,,,.rs(ood and agreed that this Schedule forms part of the
Suijdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
Phase 1 11 Lots (Lots 10 to 20), Blocks 26, 27, 28, 29, 30, 31, 32, 33, and the
Streets being Houben Crescent and Key Court
Phase 2 14 Lots (Lots 1 to 9 and 21 to 25)
PLAN OF SUBDI" f:SION
51M -
37
SCHEDULE "C"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdiv'sion Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
WORKS TO BE CONSTRUCTE_2
Construction of storm sewers and appurtenances, watermains and appurtenances,
including service connections, all road works, including roadside ditches in accordance
with the approved Engineering Drawings to service the Houben subdivision in the
Township of Oro-Medonte.
LIST OF DRAWINGS
C.C. TATHAM & ASSOCIATES LTD. (CONTRACT NO. 97088)
LEGAL PLAN
COMPILED EASEMENT PLAN
GENERAL PLAW3
General Servicing Piar,
Storm Drainage.
Storm Drainage Plan
Siltation and Erosion Control
Siltation and erosion Control
OVERALL LOT GRADING PLANS
Overall Lot.Grad~nd Plan
Overall Lot Grad[ig Plan
Overall Lot Grading Plan and SWM Pond Details
PLAN AND PRo ILE DRAWINGS
51 M-
51 R-
97088-GS-1
97088-STM-1
97088-SC-1
97088-LG-1
97088-LG-2
97088-LG-3
Houben Crescent F 1-an and Profile STA. 0+000 to STA. 0+240 97088-PP-1
Houben Crescent an and Profile STA. 0+240 to STA. 0+460 97088-PP-2
Houben Crescent ;'`pan and Profile STA. 0+460 to STA. 0+621.8 97088-PP-3
Key Court Plan and Profile STA. 0+000to STA. 0+189.56 97088-PP-4
Drainage Easement Plan and Profile STA. 0+00 to STA 0+204.86 97088-PP-5
Park Development Pian
97088-PD-1
Details and Dote:
97088-D-1
Details and (Woes
97088-D-2
Details and Notes -
97088-D-3
Hydro One Drawing - Hydro Servicing Plan (by Others)
00340-05-099
Bell Deson ,uperirnposed on Hydro One Plan (by Others)
NOTE: the aforementioned drawings were stamped "Accepted for Construction" by the
Township Engineer (AECOM) April 11, 2008.
38
SCHEDULE "D"
NOTE: It is unl4erstood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND2189952 ONTARIO LTD.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE
WORKS FOR PEASE 1
The following list summarizes the cost estimate of the major works, but is not
necessarily inclusive:
A) Roadway con=struction complete including
clearing and grubbing, excavation,
granular road base materials, concrete
curb and gu lug; , and two lifts of
asphalt........
B) Storm Drainage vlorks complete, including
culverts, detention pond, including filling on
adjacent lands, <()psoil, seed and mulch,
sod, ditching rear hard swale at lots 1 to 5
ditching on Lir!:!. 9 (Phase 2) and siltation
and erosion col e-;:rui devices
C) Miscellaneous, items such as regulatory
signs, bollards `fencing, steei beam guide
rails, mailbox laylvy !`Harker posts. Park
sign and.deae, end barricades
D) Electrical Supply including street lights and
transformers.
Original Remaining Completed
Outstanding Work
Work
$161,749.10 $42,475.00 $119,274.10
$118,747.50 $28,658.75 $90,088.75
$32,315.00 $32,315.00
$15,000.00 $15,000.00
$0.00
$0.00
SUB-TOTAL $327,811.60 $118,448.75 $209,362.85
E) 10% Allowance for Engineering and
Supervision..:.,::... $32,781.16 $11,844.88 $20,936.29
TOTAL $360,592.76 $130,293.63 $230,299.14
5% GST $18,029.64 $6,514.68 $11,514.96
TOTAL COST $378,622.40 $136,808.31 $241,814.09
LETTER OF CREDIT REQUIRED FOR SUBDIVISION AGREEMENT
Remaining Outstanding V!Jork $136,808.31
10% of Completed Work $24,181.41
Sfr RITIES RETAINED BY TOWNSHIP $160,989.72
39
SCHEDULE "E"
NOTE: It is .understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
l:_I:~3)T OF LOTS REQUIRING SPECIAL ATTENTION
Lots 15 and 16 rer wire filling in area adjacent to Stormwater Management Pond; and no
opening in house"is -o be below 321.38 elevation (Regional Storm Level plus 0.3m).
40
SCHEDULE "F"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTAR10 LTD.
DEVELOPMENT CHARGES
The Developer acknowledges and agrees that the following development charges are
payable on a per-lot basis prior to the issuance of the first Building Permit for each
particular lot, unless alternative arrangements with the body enacting the By-Law
relating to development charges or education development charges, which
arrangements have been brought to the attention of the Chief Building Official, all
charges are payaals by cash or certified cheque in Canadian funds to the Chief Building
Official of the Town? lhip:
(i) Developmen+ charges in accordance with the Township of Oro-Medonte's By-
Law at the rate applicable, upon the issuance of the first Building Permit for each
lot upon which charges are payable.
(ii) Educatior$el development charges in accordance with By-law [#3203-00] of the
Simcoe-Muskoka Catholic District School Board at the rate that applies upon the
issuance of the first Building Permit with respect to each lot upon which
educational development charges are payable; and
(iii) Educational development charges in accordance with By-law #3 (2000) of the
Simcoe County District School Board at the rate that applies upon the issuance of
the first Building Permit with respect to each lot upon which educational
development charges are payable.
Please also be aC'Yised that specific rates applicable to each lot in the Plan of
Subdivision can b obtained by contacting, for the Township of Oro-Medonte, the
Treasurer; for the Simcoe-Muskoka Catholic District School Board, the Associate
Director of Education; for the Simcoe County District School Board, the Superintendent
of Facility Servicas; and in the case of the County of Simcoe, the County Clerk.
Also, please be advi>ed that the above-referenced By-Laws enacted pursuant to the
Development Cha bs Act, 1997 and Section 257.53 of the Education Act, R.S.O. 1990,
c.E.2, may be amended or superceded by subsequent By-Laws enacted in accordance
with the respective ?~;agislation.
(iv) Development Charges in accordance with the County of Simcoe's By-law at the
rate applicable, urot-, the issuance of the first building permit for each lot upon which
charges are pas'Ao~P.
41
SCHEDULE"G"
NOTE: "t is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
DEEDS AND EASEMENTS TO BE CONVEYED
All title document,,; 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 Nvm.ber 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 fot all conveyances shall be the sum of TWO DOLLARS ($2.00) and
the cost of preparatil.m, execution and registration thereof, shall be borne by the
Developer.
All documents to be maistered shall be prior approved by the solicitor for the Township.
The following land and easement shall be conveyed:
DEDICATION TO TOWNSHIP
Block26 Stormwater Management Pond
Block 27 Parkland
Block28 - 7.0,m wide Drainage/Walkway
Block 29 - 3.0m Rcad Widening
Block 33 -Parkland (former Fire ReseNoir Block)
0.3m Reserves - Blocks 30 to 32, inclusive
EASEMENTS IN FAVOUR OF TOWNSHIP
3.Om wide Drainage Easement - along north limit of Lots 1 to 5
7.Om wide Drainage Easement - split between Lots 24 and 25; and Lots 18 and 19
L.
42
SCHEDULE "H"
NOTE: It i, understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
PARKLAND
Blocks 27 and 33. on Plan 51 M-
43
SCHEDULE "I"
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION
DEVELOPER
CONSULTING ENGINEER
As required by tr? Agreement between the CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE AND 2189952 ONTARIO LTD.
The Developer(s) dated--
1. The Developer ne eby agrees and undertakes to complete the construction of the
Works as 'required by the move-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 &s i 7alt on or before
f) PlanJl a of trees on or before
2. The Developer fur'Lher 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 rogTipletion 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;
44
4. The Develpp Or 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 trim within 24 hours after receipt of such request for maintenance,
at his experse., and without limiting the generality of the foregoing, the
Township's ~.r 54 shall be the cost of materials, equipment rental, labour, payroll
burden, plus a!,0% for overhead;
5. It is understood and agreed that should the Developer fail to construct the
remaining services to carryout the requirements of Item 3 as stipulated, and by
such ;dates a'nd 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.
2189952 ONTARIO LTD.
Seal or Witness
Date
45
SCHEDULE "J"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2199952 ONTARIO LTD.
GENERAL LOCATION AND LOT GRADING PLANS
PROCEDURE
After the Generai i-ocation 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 ;car the Township.
46
SCHEDULE "K"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTAR iJ LTD.
SUB!DiVISION 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 T,n.: _ AMOUNT: $
Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform
Customs and Practices for Documentary Credits (1993 Revision), being ICC Publication No.
UCP 500.
TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
P.O. Box 100, Oro Ontario, LOL 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 r n 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 arc.' (,,ar said customer to make such demand and without recognizing any
claim of our said cu-turner or objection by them to payment by us.
Demand shall be by' 1.vay of a letter signed by an authorized signing officer of the Corporation of
the Township of Oro-P,,Iedonte. 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 Ors?-h",edonte, 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 shFJI be permitted. We hereby agree that partial drawings under this Letter of
Credit will be duly honoured upon demand„
This Letter of Crec'1 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 exte7ided without amendment from year to year, from the present or any future
expiration date hereot 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 renewa •le for any additional period.
Dated at , Ontario, this day of 20
Authorized Signature Authorized Signature
Bank of
47
- LRO # 51 Plan Document Receipted as SC806076 on 2010 0311 at 14:23
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 3
Properties
PIN 58537- 0088 LT
Description PT LT 10 CON 10 ORO PT 151 R26822 EXCEPT PT 1 61R33096; ORO-MEDONTE
Address HAWKESTONE
AppiiC7nt(s)
Name 2189952 ONTARIO LIMITED
Address for Service c/o 912 Old Barrie Road East, R.R.#2, Hawkestone, ON LOL 1TO
I, Brenda Houben, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
I Statements
The applicant applies to register a plan of subdivision of the land prepared by EPLETT & WOROBEC SURVEYING LTD dated
2009/06/22
All the consents required have been obtained.
Schedule: See Schedules
Signed By
Paul Alan Rabinovitch 190 Cundles Rd. East, Suite 107 acting for Signed 2010 03 11
Barrie Applicant(s)
L4M 4S5
Tel 7057371811
Fax 7057375390
1 have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
GRAHAM PARTNERS LLP 190 Cundles Rd. East, Suite 107
Barrie
L4M 4S5
Tel 7057371811
Fax 7057375390
Fees/'faxes/Payment
_ Statutory Registration Fee $0.00
Total Paid $0.00
20100311
File Number
Applicant Client File Number: R17090
LRO # 51 Application For Inhibiting Order-Land Receipted as SC806078 on 2010 03 11 at 14:26
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 1
Properties
^ PIN 58537 - 0088 LT n Redescription
Description LOTS 1 - 25, INCLUSIVE, BLOCKS 26 - 33, INCLUSIVE, PLAN 51M-952; TOWNSHIP
OF ORO-MEDONTE
Address ORO
Applicant(s)
Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Address for Service 148 Line 7 South, Box 100
Oro, Ontario LOL 2X0
This document is being authorized by a municipal corporation H.S. Hughes, Mayor and J. Douglas Irwin, Clerk.
This document is not authorized under Power of Attorney by this party.
Statements
The Municipality/applicant applies for an entry inhibiting any dealing with the property until the following conditions set out in the
attached Inhibiting Order have been fulfilled. The registered owner of the land has agreed not to deal with the land until the specified
condition(s) has been complied with.
Schedule: See Schedules
Signed By
Randy Todd Hooke 181 Bay St., Suite 1800, Box 754 acting for Signed 2010 03 11
Toronto Applicant(s)
M5J 2T9
- Tel 4168631500
Fax 4168631515
I have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
AIRD & BERLIS LLP 181 Bay St., Suite 1800, Box 754 2010 03 11
Toronto
M5J 2T9
Tel 4168631500
Fax 4168631515
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
File Number
Applicant Client File Number: 97051-RTH
LAND TITLES ACT
Section 23 of the Act
APPLICATION BY MUNICIPALITY FOR INHIBITING ORDER
TO: The Land Registrar for the Land Titles Division of Simcoe (No. 51)
We, H.S. Hughes, Mayor and J. Douglas Irwin, Clerk of The Corporation of the Township
of Oro-Medonte, hereby certify that 2189952 Ontario Limited, the registered owner of
Lots 1 through 25 inclusive and Blocks 26 through 33 inclusive, Plan 51 M-952, Township
of Oro-Medonte, County of Simcoe, being the land laid out by a plan of subdivision
dated the 22nd day of June, 2009, prepared by Eplett & Worobec Surveying Ltd.,
Ontario Land Surveyors, has not executed and is not under any obligation to execute
any transfer of land or transfer of easement or any agreement affecting the title to the
said land in favour of THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE which
has not been registered at the date hereof, except the following:
DOCUMENTS
Notice of Subdivision Agreement
Postponement of Interest Charge No. SC755743
to Notice of Subdivision Agreement
Postponement of Interest Charge SC789040
to Notice of Subdivision Agreement
Transfer in fee simple to The Corporation
of the County of Simcoe (for 0.3 metre reserve)
LOTS/ BLOCKS ON PLAN 51M-952
Lots 1 through 25 inclusive and
Blocks 26 through 33 inclusive
Lots 1 through 25 inclusive and
Blocks
26 through 33 inclusive
Lots 1 through 25 inclusive and
Blocks
26 through 33 inclusive
Blocks 30
Transfer in fee simple to The Corporation Blocks 31 and 32
of the Township of Oro-Medonte (for 0.3 metre reserves)
Transfer in fee simple to The Corporation
of the Township of Oro-Medonte
(for Stormwater, Walkway and Access)
Blocks 26, 27, 28 and 33
Partial Discharge of Charge No. SC755743
Partial Discharge of Charge No. SC789040
Blocks 26, 27, 28 and 33
Blocks 26, 27, 28 and 33
Transfer of Easement Part of Lots 1 through 5 inclusive,
to The Corporation of the Township of Oro-Medonte Part of Lots 18 and 19, and Part
for drainage purposes of Lots 24 and 25, being Parts 1
through 9 inclusive on draft R-
Plan;
Postponement of Charge SC755743
To Transfer Easement
Part of Lots 1 thorough 5 inclusive
Part of Lots 18 and 19, and Part
of Lots 24 and 25, being Parts 1
through 9 inclusive on draft R-
Plan;
Postponement of Charge SC789040 Part of Lots 1 through 5 inclusive
2
to Transfer Easement Part of Lots 18 and 19, and Part of Lots 24 ar
AND as to the lots and blocks mentioned above, I HEREBY REQUEST you to issue an
order to make an entry under Section 23 of the Land Titles Act inhibiting any dealing
with those lots and blocks until the instruments mentioned above have been
registered.
6478753.1
LRO # 51 Notice
The applicant(s) hereby applies to the Land Registrar.
Receipted as SC806079 on 2010 03 11 at 14:26
yyyy mm dd Page 1 of 49
Properties
PIN 58537 - 0088 LT Redescription
Description LOTS 1 - 25, INCLUSIVE, BLOCKS 26 TO 33, INCLUSIVE, PLAN 51M-952, TOWNSHIP
OF ORO-MEDONTE
Address ORO
Consideration
Consideration $ 2.00
Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
- Address for Service 148 Line 7 South, Box 100
Oro, Ontario
LOL 2X0
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation H.S. Hughes, Mayor and J. Douglas Irwin, Clerk.
Party To(s) Capacity Share
Name 2189952 ONTARIO LIMITED
- Address for Service 912 Old Barrie Road East
RR 2
Hawkestone, Ontario
LOL 1T0
I, Brenda Houben, President, have the authority to bind the corporation
This document is not authorized under Power of Attorney by this party
I Statements I
This notice is pursuant to Section 71 of the Land Titles Act.
This notice is for an indeterminate period
Schedule: See Schedules
This document is being registered pursuant to Inhibiting Order SC806078 registered on 2010/03/11
Signed By
Randy Todd Hooke
Tel 4168631500
Fax 4168631515
181 Bay St., Suite 1800, Box 754 acting for Signed 2010 03 11
Toronto Applicant(s)
M5J 2T9
I have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
AIRD & BERLIS LLP
181 Bay St., Suite 1800, Box 754
Toronto
M5J 2T9
2010 03 11
Tel 4168631500
Fax 4168631515
LRO # 51 Notice Receipted as SC806079 on 2010 03 11 at 14:26
- The applicant(s) hereby applies to the Land Registrar yyyy mm dd Page 2 of 49
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
File Number I
Applicant Client File Number : 97051-RTH
LRO # 51 Postponement Of Interest Receipted as SC806140 on 2010 03 11 at 15:32
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2
Properties
PIN 58537 - 0088 LT Redescription
Description LOTS 1-25 INCLUSIVE; BLOCKS 26-33 INCLUSIVE, PLAN 51M-952; ORO-MEDONTE
Address HAWKESTONE
I Source Instruments
Registration No. Date Type of Instrument
SC755743 2009 07 31 Charge/Mortgage
Party From(s)
Name THE CANADA TRUST COMPANY
Address for Service 77 Bloor Street West
P.O. Box 5999, Station F
Toronto, ON M4Y 2T1
I, S. Kara, Senior Administration Officer & C. Todd, Senior Administration Officer, have the authority to bind the corporation.,
This document is not authorized under Power of Attorney by this party.
Party To(s) Capacity Share
Name THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
Address for Service 148 Line 7 South, Box 100, Oro, ON LOL 2X0
I Statements
The applicant postpones the rights under the selected instrument to the rights under an instrument registered as number SC806079
registered on 2010/03/11
This document relates to registration no.(s)SC755743 and SC806079
This document is being registered pursuant to Inhibiting Order SC806078 registered on 2010103/11
Signed By
- Paul Alan Rabinovitch 190 Cundles Rd. East, Suite 107 acting for Signed 2010 0311
Barrie Party From(s)
L4M 4S5
Tel 7057371811
Fax 7057375390
I have the authority to sign and register the document on behalf of the Party From(s).
Randy Todd Hooke 181 Bay St., Suite 1800, Box 754 acting for Signed
Toronto Party To(s)
M5J 2T9
Tel 4168631500
Fax 4168631515
2010 03 11
I have the authority to sign and register the document on behalf of the Party To(s).
- LRO # 51 Postponement Of Interest Receipted as SC806140 on 2010 03 11 at 15:32
The applicant(s) hereby applies to the Land Registrar yyyy mm dd Page 2 of 2
_
Submitted By
AIRD & BERLIS LLP 181 Bay St., Suite 1800, Box 754 2010 03 11
Toronto
MW 2T9
Tel 4168631500
Pax 4168631515
Fees/Taxes/Payment
- Statutory Registration Fee $60.00
Total Paid $60.00
File Number
Party From Client File Number: R17090
Party To Client File Number: R17090
LRO # 51 Postponement Of Interest Receipted as SC806141 on 2010 03 11 at 15:32
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2
Properties
PIN 58537 - 0088 LT [7] Redescription
Description LOTS 1-25 INCLUSIVE; BLOCKS 26-33 INCLUSIVE, PLAN 51M-952; ORO-MEDONTE
Address HAWKESTONE
Source Instruments
Registration No. Date Type of Instrument
SC789040 20091211 Charge/Mortgage
Party From(s)
Name THE CANADA TRUST COMPANY
Address for Service 77 Bloor Street West
P.O. Box 5999, Station F
Toronto, ON M4Y 2T1
I, S. Kara, Senior Administration Officer and C. Todd, Senior Administration Officer, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
[Party To(s) Capacity Share
Name THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
Address for Service 148 Line 7 South, Box 100, Oro, ON LOL 2X0
Statements
The applicant postpones the rights under the selected instrument to the rights under an instrument registered as number SC806079
registered on 2010103111
This document relates to registration no.(s)SC789040 and SC806079
This document is being registered pursuant to Inhibiting Order SC806078 registered on 2010/03111
Signed By
Paul Alan Rabinovitch 190 Cundles Rd. East, Suite 107 acting for Signed 2010 03 11
Barrie Party From(s)
L4M 4S5
Tel 7057371811
Fax 7057375390
have the authority to sign and register the document on behalf of the Party From(s).
Randy Todd Hooke 181 Bay St., Suite 1800, Box 754 acting for Signed 2010 03 11
Toronto Party To(s)
M5J 2T9
Tel 4168631500
Fax 4168631515
I have the authority to sign and register the document on behalf of the Party To(s).
LRO # 51 Postponement Of Interest
The applicant(s) hereby applies to the Land Registrar.
_ I
Submitted By
AIRD & BERLIS LLP
Tel 4168631500
Fax 4168631515
Fees/Taxes/Payment
- Statutory Registration Fee
$60.00
Total Paid
$60.00
File Number
Party From Client File Number:
R17090
Party To Client File Number:
R17090
Receipted as SC806141 on 2010 03 11 at 15:32
yyyy mm dd Page 2 of 2
181 Bay St., Suite 1800, Box 754 2010 03 11
Toronto
MW 2T9
LRO # 51 Transfer Receipted as SC806142 on 2010 03 11 at 15,32
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2
Properties
PIN 58537 - 0088 LT Interest/Estate Fee Simple Z Split
Description BLOCK 30, PLAN 51M-952; ORO-MEDONTE
Address HAWKESTONE
Consideration
Consideration $ 0.00
Transferor(s)
The transferor(s) hereby transfers the land to the transferee(s).
Name 2189952 ONTARIO LIMITED
Address for Service c/o 912 Old Barrie Road East, R.R. #2, Hawkestone, ON LOL 1TO
I, Brenda Houben, President, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
Transferee(s) Capacity Share
Name THE CORPORATION OF THE COUNTY OF SIMCOE Registered Owner
Address for Service Administration Centre, 1110 Highway 26, Midhurst, Ontario LOL 1X0
Statements
This document is being registered pursuant to Inhibiting Order SC806078 registered on 2010/03/11
The land is being acquired or disposed of by the Crown in Right of Ontario or the Crown in Right of Canada, including any Crown
corporation, or any agency, board or commission of the Crown; or a municipal corporation.
I Signed By 1
Paul Alan Rabinovitch 190 Cundles Rd. East, Suite 107 acting for Signed 2010 03 11
Barrie Transferor(s)
L4M 4S5
Tel 7057371811
Fax 7057375390
I have the authority to sign and register the document on behalf of all parties to the document.
Paul Alan Rabinovitch 190 Cundles Rd. East, Suite 107 acting for Signed 2010 03 11
Barrie Transferee(s)
L4M 4S5
Tel 7057371811
Fax 7057375390
I have the authority to sign and register the document on behalf of all parties to the document.
Submitted By
GRAHAM PARTNERS LLP 190 Cundles Rd. East, Suite 107 2010 03 11
Barrie
L4M 4S5
Tel 7057371811
Fax 7057375390
LRO f# 51 Transfer
The applicant(s) hereby applies to the Land Registrar.
- Fees/Taxes/Payment
Statutory Registration Fee
$60.00
Provincial Land Transfer Tax
$0.00
Total Paid
$60.00
File Number
- Transferor Client File Number :
R17090
Transferee Client File Number:
R17079
Receipted as SC806142 on 2010 03 11 at 15:32
yyyy mm dd Page 2 of 2
LAND TRANSFER TAX STATEMENTS
- In the matter of the conveyance of: 58537 - 0088 BLOCK 30, PLAN 51M-952; ORO-MEDONTE
BY: 2189952 ONTARIO LIMITED
TO: THE CORPORATION OF THE COUNTY OF SIMCOE Registered Owner %(all PINs)
1. PAULA. RABINOVITCH
lam
❑ (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
❑ (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
❑ (c) A transferee named in the above-described conveyance;
® (d) The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE COUNTY OF
SIMCOE described in paragraph(s) (c) above.
❑ (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for
described in paragraph(s) U above.
❑ (f) A transferee described in paragraph and am making these statements on my own behalf and on behalf of
who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein
deposed to.
3. The total consideration for this transaction is allocated as follows:
- (a) Monies paid or to be paid in cash
0.00
(b) Mortgages (i) assumed (show principal and interest to be credited against purchase price)
0.00
(ii) Given Back to Vendor
0.00
- (c) Property transferred in exchange (detail below)
0.00
(d) Fair market value of the land(s)
0.00
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject
0.00
- (f) Other valuable consideration subject to land transfer tax (detail below)
0.00
(g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f))
0.00
(h) VALUE OF ALL CHATTELS - items of tangible personal property
0.00
- (1) Other considerations for transaction not included in (g) or (h) above
0.00
(j) Total consideration
0.00
4.
- Explanation for nominal considerations:
g) Transfer to a municipality pursuant to subdivision or development agreement, condominium approval or other municipal
purposes: Conveyance of a .3 metre reserve to a municipality.
- 5. The land is not subject to an encumbrance
PROPERTY Information Record
A. Nature of Instrument: Transfer
LRO 51 Registration No. SC806142 Date: 2010103/11
B. Property(s): PIN 58537 - 0088 Address Assessment 4346010 - 00408700
HAWKESTONE Roll No
C. Address for Service: Administration Centre, 1110 Highway
26, Midhurst, Ontario LOL 1X0
D. (i) Last Conveyance(s): PIN 58537 - 0088 Registration No. SC725336
(ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes ❑ No g Not known ❑
E. Tax Statements Prepared By: Paul Alan Rabinovitch
Y 190 Cundles Rd. East, .
Suite 107
Barrie L4M 4S5
r L i i
LRO # 51 Transfer Receipted as SC806143 on 2010 03 11 at 15;32
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2
- I Properties
PIN 58537 - 0088 LT Interest/Estate Fee Simple
Description BLOCKS 31 AND 32, PLAN 51M-952; ORO-MEDONTE
Address HAWKESTONE
Consideration
Consideration $ 2.00
Transferor(s)
The transferor(s) hereby transfers the land to the transferee(s).
Name 2189952 ONTARIO LIMITED
Address for Service c/o 912 Old Barrie Road East, R.R.#2, Hawkestone, ON LOL 1TO
I, Brenda Houben, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
Q✓ Split
Transferee(s) Capacity Share
- Name THE CORPORATION OF THE TOWNSHIP OF Registered Owner
ORO-MEDONTE
Address for Service 148 Line 7 South, Box 100, Oro, ON LOL 2X0
Statements
This document is being registered pursuant to Inhibiting Order SC806078 registered on 2010/03/11
The land is being acquired or disposed of by the Crown in Right of Ontario or the Crown in Right of Canada, including any Crown
corporation, or any agency, board or commission of the Crown; or a municipal corporation.
Signed By
Paul Alan Rabinovitch 190 Cundles Rd. East, Suite 107 acting for Signed 2010 03 11
Barrie Transferor(s)
- L4M 4S5
Tel 7057371811
Fax 7057375390
I have the authority to sign and register the document on behalf of the Transferor(s).
Randy Todd Hooke 181 Bay St., Suite 1800, Box 754 acting for Signed 2010 03 11
Toronto Transferee(s)
M5J 2T9
Tel 4168631500
Fax 4168631515
I have the authority to sign and register the document on behalf of the Transferee(s).
Submitted By
AIRD & BERLIS LLP 181 Bay St., Suite 1800, Box 754 2010 03 11
Toronto
M5J 2T9
Tel 4168631500
Fax 4168631515
LRO # 51 Transfer
The applicant(s) hereby applies to the Land Registrar.
I
Fees/Taxes/Payment
Statutory Registration Fee
$60.00
Provincial Land Transfer Tax
$0.00
Total Paid
$60.00
File Number
Transferor Client File Number:
R17090
Transferee Client File Number:
97051-RTH
Recelpted as SC806143 on 2010 03 11 at 15:32
yyyy mm dd Page 2 of 2
LAND TRANSFER TAX STATEMENTS
In the matter of the conveyance of: 58537 - 0088 BLOCKS 31 AND 32, PLAN 61M-962; ORO-MEDONTE
BY: 2189952 ONTARIO LIMITED
r TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Registered Owner %(all PINs)
1. RANDY HOOKE
lam
❑ (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
❑ (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
- ❑ (c) A transferee named in the above-described conveyance;
0 (d) The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE described in paragraph(s) (c) above.
❑ (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for
described in paragraph(s) U above.
❑ (f) A transferee described in paragraph and am making these statements on my own behalf and on behalf of
who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein
deposed to.
3. The total consideration for this transaction is allocated as follows:
- (a) Monies paid or to be paid in cash
2.00
(b) Mortgages (!)assumed (show principal and interest to be credited against purchase price)
0.00
(ii) Given Back to Vendor
0.00
- (c) Property transferred in exchange (detail below)
0.00
(d) Fair market value of the land(s)
0.00
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject
0.00
(f) Other valuable consideration subject to land transfer tax (detail below)
0.00
(g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f))
2.00
(h) VALUE OF ALL CHATTELS - items of tangible personal property
0.00
- (i) Other considerations for transaction not included in (g) or (h) above
0.00
0) Total consideration
2.00
4.
- Explanation for nominal considerations:
g) Transfer to a municipality pursuant to subdivision or development agreement, condominium approval or other municipal
purposes: conveyance to Municipality pursuant to Subdivsion Agreement SC806079, for.3 metre reserves.
- 5. The land is not subject to an encumbrance
PROPERTY Information Record
A. Nature of Instrument: Transfer
LRO 51 Registration No. SC806143 Date: 2010/03/11
B. Property(s): PIN 58537 - 0088 Address Assessment -
HAWKESTONE Roll No
C. Address for Service: 148 Line 7 South, Box 100, Oro, ON
LOL 2X0
- D. (I) Last Conveyance(s): PIN 58537 - 0088 Registration No, SC725335
(ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes ❑ No Not known ❑
E. Tax Statements Prepared By: Randy Todd Hooke
_ 181 Bay St., Suite 1800,
Box 754
Toronto M5J 2T9
LRO # 51 Transfer Receipted as SC806144 on 2010 03 11 at 15:32
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2
Properties
PIN 58537 - 0088 LT lnterestlEstate Fee Simple
Description BLOCKS 26, 27, 28 AND 33; PLAN 51M-952; ORO-MEDONTE
Address HAWKESTONE
Consideration
Consideration $ 2.00
I Transferor(s)
The transferor(s) hereby transfers the land to the transferee(s).
Name 2189952 ONTARIO LIMITED
Address for Service c/o 912 Old Barrie Road East, R.R.#2, Hawkestone, ON LOL 1T0
I, Brenda Houben, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
0 Split
Transferee(s) Capacity Share
Name THE CORPORATION OF THE TOWNSHIP OF Registered Owner
ORO-MEDONTE
Address for Service 148 Line 7 South, Box 100, Oro, ON LOL 2X0
[Statements
This document is being reglstered pursuant to Inhibiting Order SC806078 registered on 2010/03/11
The land is being acquired or disposed of by the Crown in Right of Ontario or the Crown in Right of Canada, including any Crown
corporation, or any agency, board or commission of the Crown; or a municipal corporation.
Signed By
Paul Alan Rabinovitch 190 Cundles Rd. East, Suite 107 acting for Signed 2010 03 11
Barrie Transferor(s)
L4M 4S5
Tel 7057371811
Fax 7057375390
I have the authority to sign and register the document on behalf of the Transferor(s).
_ Randy Todd Hooke 181 Bay St„ Suite 1800, Box 754 acting for Signed 2010 03 11
Toronto Transferee(s)
M5J 2T9
Tel 4168631500
Fax 4168631515
I have the authority to sign and register the document on behalf of the Transferee(s).
Submitted By
AIRD & BERLIS LLP 181 Bay St., Suite 1800, Box 754 2010 03 11
Toronto
M5J 2T9
Tel 4168631500
Fax 4168631515
LRO # 51 Transfer
The applicant(s) hereby applies to the Land Registrar.
Fees/Taxes/Payment
Statutory Registration Fee
$60.00
_ Provincial Land Transfer Tax
$0.00
Total Paid
$60.00
File Number
- Transferor Client File Number:
R17090
Transferee Client File Number:
97051-RTH
Receipted as SC806144 on 2010 03 11 at 15:32
yyyy mm dd Page 2 of 2
LAND TRANSFER TAX STATEMENTS
In the matter of the conveyance of: 58537 - 0088 BLOCKS 26, 27, 28 AND 33; PLAN 51 M-952; ORO-MEDONTE
BY: 2189952 ONTARIO LIMITED
TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Registered Owner %(all PINs)
1, BANDY HOOKE
lam
❑ (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
❑ (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
❑ (c) A transferee named in the above-described conveyance;
(d) The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE described in paragraph(s) (c) above.
❑ (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for
described in paragraph(s) above.
❑ (f) A transferee described in paragraph and am making these statements on my own behalf and on behalf of
who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein
- deposed to.
3. The total consideration for this transaction is allocated as follows:
(a) Monies paid or to be paid in cash
2.00
(b) Mortgages (i) assumed (show principal and interest to be credited against purchase price)
0.00
(ii) Given Back to Vendor
0.00
- (c) Property transferred in exchange (detail below)
0100
(d) Fair market value of the land(s)
0.00
(e) Liens, legacies, annuities and maintenance charges to which transfer Is subject
0,00
(f) Other valuable consideration subject to land transfer tax (detail below)
0.00
(g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f))
2.00
(h) VALUE OF ALL CHATTELS - items of tangible personal property
0.00
_ (i) Other considerations for transaction not included in (g) or (h) above
0.00
(j) Total consideration
2.00
4.
- Explanation for nominal considerations:
g) Transfer to a municipality pursuant to subdivision or development agreement, condominium approval or oth
er municipal
purposes: conveyance to Municipality pursuant to Subdivision Agreement SC806079 - Block 26 for Stormwater Management
Pond, Black 28 is for Drainage and Block 34 is for Parkland purposes.
5. The land is not subject to an encumbrance
PROPERTY Information Record
- A. Nature of Instrument: Transfer
LRO 51 Registration No. SC806144 Date: 2010/03/11
B. Property(s): PIN 58537 - 0088 Address Assessment -
- HAWKESTONE Roll No
C. Address for Service: 148 Line 7 South, Box 100, Oro, ON
LOL 2X0
D. (i) Last Conveyance(s): PIN 58537 - 0088 Registration No. SC725335
(ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes ❑ No ❑ Not known ❑
E. Tax Statements Prepared By: Randy Todd Hooke
181 Bay St., Suite 1800,
Box 754
Toronto M5J 2T9
LRO # 51 Discharge Of Charge
The applicant(s) hereby applies to the Land Registrar.
Properties
PIN 58537 - 0088 LT
Description BLOCKS 26, 27, 28 AND 33, PLAN 51 M-952; ORO-MEDONTE
Address HAWKESTONE
0 Affects Part of Prop
Document to be Discharged I
Registration No.
SC755743
Date Type of Instrument
200907 31 Charge/Mortgage
_ Discharging Party(s)
This discharge complies with the Planning Act. This discharge discharges the charge.
Name THE CANADA TRUST COMPANY
Address for Service 77 Bloor Street West, P.O. Box 5999, Station F, Toronto, ON M4Y 2T1
I, S. Kara, Senior Administration Officer and C. Todd, Senior Administration Officer, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
The party giving this discharge is the original chargee and is the party entitled to give an effective discharge
Statements
Schedule; This document is being registered pursuant to Inhibiting Order SC806078 registered on 2010103/11
This document relates to registration no.(s)SC755743
µ Signed By
Paul Alan Rabinovitch 190 Cundles Rd. East, Suite 107 acting for Signed 2010 03 11
Barrie Applicant(s)
L4M 4S5
Tel 7057371811
Fax 7057375390
I have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
GRAHAM PARTNERS LLP 190 Cundles Rd. East, Suite 107 2010 03 11
Barrie
L4M 4S5
_ Tel 7057371811
Fax 7057375390
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
File Number
Discharging Party Client File Number: R17090
Receipted as SC606145 on 2010 03 11 at 15:32
yyyy mm dd Page 1 of 1
LRO # 51 Discharge Of Charge
The applicant(s) hereby applies to the Land Registrar.
Properties
PIN 58537- 0088 LT
Description BLOCKS 26, 27, 28 AND 33, PLAN 51M-952; ORO-MEDONTE
Address HAWKESTONE
Receipted as SC806146 on 2010 03 11 at 15:32
yyyy mm dd Page 1 of 1
F✓ Affects Part of Prop
Document to be Discharged
Registration No. Date Type of Instrument
SC789040 20091211 Charge/Mortgage
Discharging Party(s)
This discharge complies with the Planning Act. This discharge discharges the charge.
Name THE CANADA TRUST COMPANY
Address for Service 77 Bloor Street West, P.O. Box 5999, Station F, Toronto, ON M4Y 2T1
1, S. Kara, Senior Administration Officer and C, Todd, Senior Administration Officer, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
The party giving this discharge is the original chargee and is the party entitled to give an effective discharge
I Statements
Schedule: This document is being registered pursuant to Inhibiting Oder SC806708 registered on 2010/03/11
This document relates to registration no.(s)SC789040
Signed By
Paul Alan Rabinovitch
Tel 7057371811
Fax 7057375390
190 Cundles Rd. East, Suite 107 acting for Signed 2010 03 11
Barrie Applicant(s)
L4M 4S5
I have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
GRAHAM PARTNERS LLP 190 Cundles Rd. East, Suite 107 2010 03 11
Barrie
L4M 4S5
Tel 7057371811
Fax 7057375390
FeeslTaxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
File Number
Discharging Party Client File Number : R17090
r is ~ o ,
LRO # 51 Transfer Easement Receipted as SC807016 on 2010 03 17 at 10:08
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 4
Properties
PIN 58537 - 0088 LT Interest/Estate Easement 0 Add Easement
Description PART OF LOTS 1, 2, 3, 4, 5, 18, 19, 24 AND 25, PLAN 51M-952, DESIGNATED AS
PARTS 1, 2, 3, 4, 5, 6, 7,8 AND 9 ON PLAN 51R-37285; ORO-MEDONTE
Address HAWKESTONE
Consideration
Consideration $ 2.00
Transferor(s)
The transferor(s) hereby transfers the easement to the transferee(s).
Name 2189952 ONTARIO LIMITED
Address for Service c/o 912 Old Barrie Road East, R. R.#2, Hawkestone, ON LOL 1T0
I, Brenda Houben, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
I Transferee(s) Capacity Share I
Name THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
Address for Service 148 Line 7 South, Box 100, Oro, ON LOL 2X0
Statements
Schedule: See Schedules
This document is being registered pursuant to Inhibiting Order SC806078 registered on 2010/03/11
I Signed By
Tracy Susan Arkell 190 Cundles Rd. East, Suite 107 acting for Signed
Barrie Transferor(s)
L4M 4S5
Tel 7057371811
Fax 7057375390
I have the authority to sign and register the document on behalf of the Transferor(s).
Randy Todd Hooke 181 Bay St., Suite 1800, Box 754 acting for Signed
Toronto Transferee(s)
M5J 2T9
Tel 4168631500
Fax 4168631515
I have the authority to sign and register the document on behalf of the Transferee(s).
2010 03 16
2010 03 17
I Submitted By
AIRD & BERLIS LLP 181 Bay St., Suite 1800, Box 754 2010 03 17
Toronto
M5J 2T9
Tel 4168631500
Fax 4168631515
Fees/Taxes/Payment
Statutory Registration Fee $60.00
LRO # 51 Transfer Easement Receipted as SC807016 on 2010 03 17 at 10:08
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 2 of 4
Fees/Taxes/Payment
Provincial Land Transfer Tax $0.00
Total Paid $60.00
File Number
Transferor Client File Number : R17090
- Transferee Client File Number: 97051-RTH
LAND TRANSFER TAX STATEMENTS
In the matter of the conveyance of. 58537 - 0088 PART OF LOTS 1, 2, 3, 4, 5, 18, 19, 24 AND 25, PLAN 51 M-952, DESIGNATED
AS PARTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9 ON PLAN 61R-37285; ORO-MEDONTE
BY: 2189952 ONTARIO LIMITED
TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
%(all PINS)
1. RANDY HOOKE
lam
❑ (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
❑ (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
❑ (c) A transferee named in the above-described conveyance;
® (d) The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE described in paragraph(s) (C) above.
❑ (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for
described in paragraph(s) U above.
❑ (f) A transferee described in paragraph and am making these statements on my own behalf and on behalf of
who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein
deposed to.
- 3. The total consideration for this transaction is allocated as follows:
(a) Monies paid or to be paid in cash 2.00
(b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) 0.00
(ii) Given Back to Vendor 0.00
(c) Property transferred in exchange (detail below) 0.00
(d) Fair market value of the land(s) 0.00
(ej Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00
(f1 Other valuable consideration subject to land transfer tax (detail below) 0.00
(g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (0) 2.00
(h) VALUE OF ALL CHATTELS - items of tangible personal property 0.00
(i) Other considerations for transaction not included in (g) or (h) above 0.00
0) Total consideration 2.00
4.
Explanation for nominal considerations:
o) Transfer of easement or right of way for no consideration.
5. The land is subject to encumbrance
PROPERTY Information Record
A. Nature of Instrument: Transfer Easement
LRO 51 Registration No. SC807016 Date: 2010/03117
B. Property(s): PIN 58537 - 0088 Address Assessment -
- HAWKESTONE Roll No
C. Address for Service: 148 Line 7 South, Box 100, Oro, ON
LOL 2X0
D. (i) Last Conveyance(s): PIN 58537 - 0088 Registration No. SC806144
(ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes E] No Not known ❑
E. Tax Statements Prepared By: Randy Todd Hooke
181 Bay St., Suite 1800,
Box 754
Toronto M5J 2T9
SCHEDULE TO EASEMENT
WHEREAS the Transferor is the registered owner of the lands described in the attached Transfer
Easement (the "Servient Lands");
NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the premises
and of the sum of One ($1.00) Dollar of lawful money of Canada now paid by the Transferee to
the Transferor, receipt whereof is hereby acknowledged:
The Transferor hereby grants to The Corporation of the Township of Oro-Medonte, its
successors and .assigns, the following rights:
1, DRAINAGE EASEMENT
(a) The free uninterrupted and unobstructed right at any time or times to enter upon
and construct, install, operate, maintain, inspect, repair, alter, replace and remove
any catchbasin, drainage pipes, storm swales, storm drain, drainage swale, storm
water retention pond, storm out fall structure and/or open watercourses and any
collateral works necessary thereto and appurtenances thereto in, along and across
the Servient Lands.
(b) For the servants, agents, contractors and workmen of and other persons duly
authorized by the Transferee at all times (subject as may hereinafter be provided)
and from time to time to pass and repass with all machinery, material, vehicles
and equipment as may be necessary over the Servient Lands for all purposes
necessary or incidental to the exercise of and for the enjoyment of the rights and
easements herein granted.
2. The Transferor covenants with the Transferee to keep the Servient Lands free and clear of
all buildings, structures, concrete/pavement surfaces, brush, trees and other obstructions
of any nature whatsoever as may be necessary for the exercise of and for the enjoyment
of the rights and easements herein granted, and the Transferee shall not alter the grading
or install thereon any foundation, concrete, pavement or structure which will obstruct or
prevent the exercise and enjoyment by the Transferee of its rights hereunder. The
Transferee shall have the right to remove or control the growth of any trees, brush or
other vegetation on or under the lands and remove any obstruction therefrom.
3. The aforesaid rights and easements are hereby granted, conveyed and transferred by the
Transferor unto The Corporation of the Township of Ora-Medonte on the following
terms and conditions, where applicable, which are hereby covenanted and agreed to by
and between The Corporation of the Township of Oro-Medonte and the Transferor:
(a) The rights, liberties, privileges and easements herein granted, conveyed and
transferred are declared to be appurtenant to and for the benefit of the property of
The Corporation of the Township of Oro-Medonte including, without limitation,
Block 26, Plan 51M-952 and Houben Crescent and Key Court;
(b) The Transferor shall not undertake any works, change any grades or install any
obstruction or improvement on the Servient Lands including the planting of trees
without the prior written consent of The Corporation of the Township of Oro-
Medonte;
(c) The Transferor shall be responsible for any damage to the property of The
Corporation of the Township of Oro-Medonte caused directly or indirectly by the
actions or omissions of the Transferor or any persons acting under the authority of
the Transferor that affect the rights hereby granted;
_ (d) Notwithstanding, any rule of law or doctrine of equity, all works laid on or
erected upon or buried in or under the Servient Lands by The Corporation of the
Township of Oro-Medonte shall at all times remain the property of The
Corporation of the Township of Oro-Medonte notwithstanding that the same be
m annexed or affixed to the freehold and shall at any time or from time to time be
i....... .1.1
removable in whole or in part by The Corporation of the Township of Oro-
Medonte, its successors and assigns; and
(e) The rights and easement herein granted are and shall be of the same force and
effect to all intents and purposes as a covenant running with the land and this
grant including all the covenants and conditions herein are contained and all
extend to and shall be binding upon and enure to the benefit of the respective
parties, their heirs, executors, administrators and assigns.
4. The Corporation of the Township of Oro-Medonte shall have quiet possession of the said
rights and easements free of all encumbrances.
5. The Transferor covenants with The Corporation of the Township of Oro-Medonte that it
will execute such fiurther assurances of the said rights and easements as may be requisite.
6. This is an Easement in Gross.
F:\Aaul RVv]:isc Plle Related\R17090 - Houben Subdivision\Documents4Schedule To Easement • Drainage Easemem.Doc
LRO # 51 Postponement Of Interest Receipted as SC807024 on 2010 03 17 at 10:30
The applicant(s) hereby applies to the Land Registrar, yyyy mm dd Page 1 of 2
Properties
P/N 58537 - 0088 LT F,~ Affects Part of Prop
Description PART OF LOTS 1, 2, 3, 4, 5, 18, 19, 24 AND 25, PLAN 51M-952, DESIGNATED AS
PARTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9 ON PLAN 51R-37285 ; ORO-MEDONTE
Address HAWKESTONE
Source Instruments
Registration No. Date Type of Instrument
SC755743 2009 07 31 Charge/Mortgage
Party From(s)
Name THE CANADA TRUST COMPANY
Address for Service 77 Bloor Street West, P.O. Box 5999, Station F, Toronto, ON M4Y 2T1
1, S. Kara, Senior Administration Officer and C. Todd, Senior Administration Officer, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
Party To(s) Capacity Share
Name THE CORPORATION OF THE TOWNSHIP OF
_ ORO-MEDONTE
Address for Service 148 Line 7 South, Box 100, Oro, ON LOL 2X0
I Statements
The applicant postpones the rights under the selected instrument to the rights under an instrument registered as number SC807016
registered on 2010/03/17
This document relates to registration no.(s)SC755473 and SC807016
This document is being registered pursuant to Inhibiting Order SC806078 registered on 2010103/11
Signed By
Tracy Susan Arkell 190 Cundles Rd. East, Suite 107 acting for Signed 2010 03 17
Barrie Party From(s)
- L4M 4S5
Tel 7057371811
Fax 7057375390
I have the authority to sign and register the document on behalf of the Party From(s).
Randy Todd Hooke
181 Bay St., Suite 1800, Box 754 acting for Signed 2010 03 17
Toronto Party To(s)
M5J 2T9
Tel 4168631500
Fax 4168631515
I have the authority to sign and register the document on behalf of the Party To(s).
Submitted By
AIRD & BERLIS LLP 181 Bay St., Suite 1800, Box 754 2010 03 17
Toronto
M5J 2T9
Tel 4168631500
Fax 4168631515
LRO.# 51 Postponement Of Interest Receipted as SC807024 on 2010 03 17 at 10:30
The applicant(s) hereby applies to the Land Registrar yyyy mm dd Page 2 of 2
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
File Number
Party From Client File Number: R17090
Party To Client Fite Number: 97051-RTH
LRO # 51 Postponement Of Interest Receipted as SC807025 on 2010 03 17 at 10:30
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2
Properties
PIN 58537 - 0088 LT Affects Part of Prop
Description PART OF LOTS 1, 2, 3, 4, 5, 18, 19, 24 AND 25, PLAN 51M-952, DESIGNATED AS
PARTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9 ON PLAN 51R-37285; ORO-MEDONTE
Address HAWKESTONE
Source Instruments
Registration No. Date Type of Instrument
SC789040 20091211 Charge/Mortgage
I Party From(s)
Name THE CANADA TRUST COMPANY
Address for Service 77 Bloor Street West, P.O. Box 5999, Station F, Toronto, ON M4Y 2T1
I, S. Kara, Senior Administration Officer and C. Todd, Senior Administration Officer, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
I Party To(s) . Capacity Share
Name THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
Address for Service 148 Line 7 South, Box 100, Oro, ON LOL 2X0
Statements
The applicant postpones the rights under the selected instrument to the rights under an instrument registered as number SC807016
registered on 2010/03/17
This document relates to registration no.(s)SC789040 and SC807016
This document is being registered pursuant to Inhibiting Order SC806078 registered on 2010/03/11
Signed By
Tracy Susan Arkell 190 Cundles Rd. East, Suite 107 acting for Signed 2010 03 17
Barrie Party From(s)
L4M 4S5
Tel 7057371811
Fax 7057375390
I have the authority to sign and register the document on behalf of the Party From(s),
Randy Todd Hooke
181 Bay St., Suite 1800, Box 754 acting for Signed 2010 03 17
Toronto Party To(s)
M5J 2T9
Tel 4168631500
Fax 4168631515
- I have the authority to sign and register the document on behalf of the Party To(s).
Submitted By
AIRD & BERLIS LLP 181 Bay St., Suite 1800, Box 754 2010 03 17
Toronto
M5J 2T9
Tel 4168631500
Fax 4168631515
LRO # 51 Postponement Of Interest
The applicant(s) hereby applies to the Land Registrar.
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60,00
File Number
Party From Client File Number : R17090
Party To Client Fite Number : 97051-RTH
Receipted as SC807025 on 2010 03 17 at 10:30
yyyy mm dd Page 2 of 2
- LRO # 51 Application To Delete Inhibiting Order Receipted as SC808092 on 2010 03 23 at 14:50
The applicant(s) herebv applies to the Land Registrar. yyyy mm dd Page 1 of 1
Properties
PIN 58537 - 0088 LT n Redescription
_ Description LOTS 1-25, INCLUSIVE, BLOCKS 26-33, INCLUSIVE, PLAN 51M-952; TOWNSHIP OF
ORO-MEDONTE
Address ORO
Source Instruments
Registration No. Date Type of Instrument
SC806078 2010 03 11 Application For Inhibiting Order-Land
Applicant(s)
Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Address for Service 148 Line 7 South, Box 100
Oro, Ontario LOL 2X0
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation H.S. Hughes, Mayor and J. Douglas Irwin, Clerk.
Statements
All the conditions under the Inhibiting Order have been dealt with and the Inhibiting Order can now be deleted.
Signed By
Randy Todd Hooke 181 Bay St., Suite 1800, Box 754 acting for Signed
Toronto Applicant(s)
M5J 2T9
Tel 4168631500
Fax 4168631515
I have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
AIRD & BERLIS LLP
Tel 4168631500
Fax 4168631515
Fees/Taxes/Paym en t
Statutory Registration Fee
Total Paid
I File Number
Applicant Client File Number
181 Bay St., Suite 1800, Box 754
Toronto
M5J 2T9
$60.00
$60.00
97051-RTH ORO-MEDONTE
2010 03 23
2010 03 23