2013-065 Subdivision Agreement - South Shore Isabella EstatesTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -065
Being a By -law to Authorize the Execution of a Subdivision Agreement between
the Corporation of the Township of Oro - Medonte and South Shore Isabella
Estates Inc.
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 Pt Lot 5,
Concession 14, Medonte as in RO167598 Except Pt 1, 51 R37351; Township of Oro -
Medonte (Geographic Township of Medonte), County of Simcoe, PIN 58530 -0393 (LT),
(known as the South Shore Isabella Estates Inc. Subdivision), Township of Oro -
Medonte, County of Simcoe;
NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte
hereby enacts as follows:
1 THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Oro - Medonte, 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 this By -Law shall come into effect upon the date of passage hereof,
subject to the provisions of the Planning Act, as amended.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 1sT
DAY OF MAY, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
yor, H.S. Hugoes
J.
SUBDIVISION AGREEMENT
- between -
SOUTH SHORE ISABELLA ESTATES INC.
Wrre
THE CORPORATION OF THE TOWNSHIP OF ORO— MEDONTE
W7iT E
SOUTH SHORE CADEN ESTATES INC.
DESCRIPTION OF LANDS
PLAN OF SUBDIVISION OF PT LOT 5, CONCESSION 14, MEDONTE AS IN R0167598 EXCEPT
PT 1, 511137351; TOWNSHIP OF ORO- MEDONTE (GEOGRAPHIC TOWNSHIP OF MEDONTE),
COUNTY OF SIMCOE, PIN 58530 -0393 (LT)
TOWNSHIP OF ORO- MEDONTE
COUNTY OF SIMCOE
2013
By -Law No. 2013- (05
TOWNSHIP OF ORO- MEDONTE
SUBDIVISION AGREEMENT
TABLE OF CONTENTS
Part 1
General Requirements
Part 2
The 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
Schedule "E" -
List of Lots Requiring Special Attention
Schedule "F" -
Development Charges
Schedule "G" -
Deeds and Easements to be Conveyed
Schedule "H" -
Parkland
Schedule "I" -
Declaration of Progress and Completion
Schedule "J" -
General Location and Lot Grading Plans
Schedule "K" -
Standard Township Letter of Credit
2
TOWNSHIP OF ORO- MEDONTE
THIS AGREEMENT made as of the day of April, 2013.
BETWEEN: SOUTH SHORE ISABELLA ESTATES INC.
(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
AND: SOUTH SHORE CADEN ESTATES INC.
(hereinafter called the "Mortgagee ")
OF THE THIRD 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 (2008- SUB -01) has been issued for the
proposed subdivision, which requires that the Developer must satisfy all the requirements,
financial and otherwise, of the Township, including the provisions of certain Municipal
Services;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises
and for other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of
lawful money of Canada now paid by the Township to the Developer (the receipt whereof is
hereby acknowledged), THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT
AND AGREE WITH ONE ANOTHER AS FOLLOWS:
PART - 1
GENERAL REQUIREMENTS
1.1 DEVELOPER'S CONSULTING ENGINEERS
The Developer shall employ Engineers registered and in good standing with the
Association of Professional Engineers of Ontario:
1.1.1 To prepare designs in accordance with the Township of Oro - Medonte
Engineering Standards and Drawings (dated 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 Muskoka Catholic District
School Board, Nottawasaga Valley Conservation Authority and utility
companies, or as a result of legislative or procedural change, the
Ministries shall be deemed to be the Ministry of Municipal Affairs and
Housing, as well as the Council of the Township of Oro - Medonte or the
Chief Building Official. This will also pertain to Sections 2.4.3, 3.1.11, 8.1
and 8.2.
1.1.5 To act as the Developer's representative in all matters pertaining to the
subdivision.
1.1.6 To provide co- ordination in scheduling to comply with the timing
provisions of this Agreement and the requirements of the Township
Engineer, for all the work specified in this Agreement.
1.1.7 To provide supervision during 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 drawing
format or DXF and be delivered on a CD Rom or DVD. Two copies of
each Plan of Subdivision are required on separate CD Roms or DVDs.
Each CD Rom or DVD 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 Developer's responsibility to ensure that all drawing changes
occurring throughout the approval process are incorporated into the
digital submission.
All line data depicting property boundaries must be mathematically
closed to form polygons.
The lines, which describe the boundary of all properties created within
the Plan of Subdivision, will be isolated on a unique layer /level. In
certain cases, some of the line segments will coincide with the location of
concession lot lines, registered plan data, open roads, rivers, and lakes.
PLAN OF SUB layer /level will outline the property boundaries in the form
of enclosed polygons.
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.
LAYER /LEVEL
PL LT TEXT
FONT
MONOTEXT
COLOUR
YELLOW 2)
The digital files should contain enough site data as to allow for horizontal
and vertical positioning within the existing base mapping. A minimum of
two road intersections located outside the Plan of Subdivision must be
shown in the drawing.
It is not necessary that the digital data be in Universal Transverse
Mercator (UTM) co- ordinates since the registration process will
automatically convert any unit grid to the "Ontario Base Mapping UTM
Co- ordinate System ".
1.1.11 To furnish the Township with a certificate with respect to each lot or
building block for which a Building Permit application is made, certifying
that the proposed construction is in conformity with the General Location
and Lot Grading Plan or with an approved variation; (NOTE: That a
Professional Engineer could also be retained to provide the afore-
mentioned and any cost incurred by the Township will be the
responsibility of the Developer or individual lot owner).
1.1.12 To prepare and provide the Township, for each lot or block within the
plan, a certificate of final grade elevation, indicating that the property has
f been developed in conformity with the General Location and Lot Grading
Plan or with an approved variation (NOTE: That a Professional Engineer
could also be retained to provide the 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.
1.2 LEGAL NOTICE TO DEVELOPER
Any notice required to be given hereunder may be given by registered mail addressed
to the Developer at his principal place of business and shall be effective as of the date
of the deposit thereof in the post office, as follows:
South Shore Isabella Estates Inc. (South Shore Homes)
1858 Elana Drive
Orillia, ON
L3V OC2
(705) 790 -8819
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.
Mortgagee Information:
South Shore Caden Estates Inc.
c/o Robert Cheslock, Signing Officer
1858 Elana Drive
Orillia, ON
L3V OC2
Tel: (705) 790 -8819
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 and
void.
1.5 MORTGAGEE BECOMING DEVELOPER
The mortgagee(s) hereby agrees that in the event of him /they becoming the
Developer(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 MUNICIPAL PURPOSES
The Developer agrees to grant good title in fee simple free and clear from all
encumbrances unto the Township, lands for municipal purposes other than roads,
which shall be mutually agreed upon by the Developer and the Township or to make a
cash payment in lieu thereof, as provided by Section 51.1 of the Planning Act, R.S.O.
1990, c.P.13 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 for the said
lands are to be approved by the Township's Solicitor and thereafter, forthwith,
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 and clear from all encumbrances.
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 Developer also agrees to
certify good title to easements and right -of -ways by the Developer's solicitor. Prior to
executing this Agreement, all known easements shall be filed with the Township in a
form approved by the Township's solicitor.
A list of easements and rights -of -way shall be set out in Schedule "G" of this
Agreement. The Township agrees to transfer easement(s) on lands it owns following
the registration of this subdivision plan to the authority requiring the easement(s). All
cost of the above noted registration to be borne by the Developer.
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 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
That the Developer agrees to include in all offers of purchase and sale, a statement
that advises the prospective purchaser that the public and catholic schools on
designated sites in the community are not guaranteed. Attendance at schools yet to
be constructed in the area is also not guaranteed. Pupils may be accommodated in
temporary facilities and /or be directed to schools outside of the area.
That the Developer agrees to include in all offers of purchase and sale a statement
which advises the prospective purchaser that school busses will not enter cul de sacs
and that pick up points will generally be located on through streets, suitable to the
Board. Additional pick -up points will not be located within the subdivision until major
construction activity has been completed.
1.11 CANADA POST
The Developer agrees to construct mailbox laybys as detailed on the engineering
drawings as per Section 2.4.2 (Plans and Specifications), 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, acknowledges that each owner shall be
responsible for the installation and maintenance of a subsurface sewage disposal
system in accordance with Part 8 of the Ontario Building Code.
1.13 MINISTRY OF TRANSPORTATION
Ministry of Transportation Building and Land Use permits are required for all lots within
45 metres of Highway 12 property limits and within a 180 metre radius of Highway 12 /
Warminster Road. Ministry of Transportation permits are also required prior to site
grading / servicing / internal road construction, and for site signs. An Encroachment
permit is required for works within the Highway 12 ROW. An Encroachment permit is
required for works within the Highway 12 ROW. All above and below ground
structures, including land uses considered integral to site operations, must be setback
a minimum of 8 metres from Highway 12 property limits.
1.14 WARNING TO PROSPECTIVE LOT DEVELOPERS
The Developer shall provide copies of Clauses 1.1.11, 1.1.12 and notes, 1.8, 1.10,
1. 11, 1. 12, 1.13, 5.5, 5.7.2, 7.3, 7.10, 7.17, 8.1, 8.1.1, 8.2, 8.3, 8.4, 8.5, 9.8 and
Schedules "E" and "F ", to each prospective purchaser of a lot(s).
1.15 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.
2.1
2.2
2.3
2.4
PART - 2
THE LANDS, PLANS AND REPRESENTATIONS
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
Final Stormwater Management Report dated August 2011, and the Stormwater
Management Pond Maintenance Manual dated May 2012 prepared by C.C.
Tatham & Associates Ltd. and stamped "Accepted for Construction" by the
Township Engineer on August22, 2012.
Description
LIST OF DRAWINGS
Drawing No.
C.C. TATHAM & ASSOCIATES LTD. TITLE PAGE
51M-Plan 51 M-
51 R -Plan 51 R-
General Servicing Plan
General Servicing Plan GS -1
Siltation and Erosion Control Plan
Siltation and Erosion Control Plan SC -1
Stormwater Management Plan and Details
Stormwater Management Plan and Details SWM -1
Overall Pre - Development and Post Development Drainage Plans
Overall Pre - Development Drainage Plan ODP -1
Overall Post Development Drainage Plan ODP -2
Pre - Development and Post Development Drainage Plans
Pre - Development Drainage Plan DP -1
Post Development Drainage Plan DP -2
Lot Gradina Plans
Lot Grading Plan
LG -1
Lot Grading Plan
LG -2
Plan and Profile Drawings
Township of Oro - Medonte
Plan and Profile — Merrington Avenue — STA. 0 +978 to 1 +140
PP -1
Plan and Profile — Merrington Avenue — STA. 1 +140 to 1 +340
PP -2
Plan and Profile — Highway 12 Crossing & Easement — STA. 1 +960 to 2 +138
PP -3
Water Distribution and Testing
Water Distribution and Testing
WAT -1
Composite Utility Plan
Composite Utility Plan
Notes and Details
Notes and Details
Details
Landscape Plans
Landscape Plan
Planting Details & Notes
Street Lighting Plans
Street Lighting Layout
Wiring Diagram and Specifications
Hydro One Networks Inc.
Hydro One
Enbridge Gas
Enbridge Gas
Enbridge Gas
Rogers Communications
Rogers Communications
Bell Canada
Bell Canada
CUP -1
DE -1
DE-2
LP -1
LD -1
E1
E2
00340-11-139-R3
5.8128842 -R4 PA
5.8128842 -R4 P.2
S120295 -D1 -R2
Plan 405 & 606
2.4.3 All Plans and Specifications submitted to and accepted by:
2.4.3.1
Ministry of the Environment
2.4.3.2
Electrical Distribution Utility
2.4.3.3
Township of Oro - Medonte
2.4.3.4
Nottawasaga Valley Conservation Authority
2.4.3.5
Ministry of Transportation
10
2.5
2.6
2.7
2.4.4 All applicable Township By -Laws, including any applicable Site Plan Control By-
Laws.
2.4.5 All applicable Provincial and Federal Legislation and also including the Federal
Fisheries Act.
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.
SCHEDULES ATTACHED
The following Schedules are attached to and form part of this Agreement:
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
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
SUBDIVISION CHANGES
the Works
List of Lots Requiring Special Attention
Development Charges
Deeds and Easements to be Conveyed
Parkland
Declaration of Progress and Completion
General Location and Lot Grading Plans
Standard Township Letter of Credit
There shall be no changes in the Schedules attached hereto, or in any Plan accepted
by the Township or others, unless such proposed changes have been submitted to,
and approved by, the Township and the Township Engineer.
11
PART - 3
REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT
3.1 Prior to the execution of this Subdivision Agreement by the Township, the Developer
shall:
3.1.1 Taxes -have paid all Township tax bills issued and outstanding against the said
lands.
3.1.2 Deeds and Easements - have delivered to the Township all transfers /deeds,
discharges and easements or other documents required by Schedule "G ", as
well as Certification from the Developer's solicitor that the Transfer /Deeds and
Easements shall provide the Township with good title, free and clear from all
encumbrances.
3.1.3 Postponement 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
Schedules "D" and "F".
3.1.5 Construction /Engineering Plans and Specifications - have supplied to the
Township, those Plans and Specifications necessary to identify the
construction /engineering aspects of the proposed development, and have
received from the Township an acknowledgment of conformity with general
design concepts of the Township.
3.1.6 Electricity - 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 with 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 Distribution
Utility, Bell Telephone, the Natural Gas Utility, and Canada Post, to write a letter
to the Township Clerk confirming that:
3.1.9.1 They have been informed of the project and have seen the
development plans.
3.1.9.2 Satisfactory 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.
3.1.10 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.
12
3. 1.11 Approvals - obtain and file with the Township, confirmation approvals from
the following:
3.1.11.1 Ministry of the Environment
3.1.11.2 Electrical Distribution Utility
3.1.11.3 Township of Oro - Medonte
3.1.11.4 Simcoe County District School Board
3.1.11.5 Simcoe Muskoka Catholic District School Board
3.1.11.6 Nottawasaga Valley Conservation Authority
3.1.11.7 Ministry of Transportation
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
requirements 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 Molars - 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.
13
PART - 4
PRE - CONSTRUCTION REQUIREMENTS
4.1 Prior to starting construction of the subdivision works, the Developer shall:
4.1.0 Pre - servicing
Obtain a pre - servicing agreement, if necessary, prior to registration.
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 Approval of Plans
The Developer and the Engineers employed by him shall have the plans and
specifications for the works approved by the Township Engineer prior to
construction and the originals must be stamped as accepted by the Township
Engineer.
Submit and obtain the Township Engineer's approval of the following, all to be
in accordance with the Township's approved Engineering Standards:
i) the drainage plan;
ii) the lot grading plan;
iii) the service layout plan for Electrical, Telephone and Gas;
iv) the road, watermain and sewer plans and profiles;
vi) landscape plans.
4.1.3 Environmental Compliance Approval
Submit to the Township, the Ministry of the Environment's Environmental
Compliance Approval for Stormwater Management System (ECA 7140 -
8ZBL8A) and dated December 19, 2012.
4.1.4 Contractor
The said services shall be installed by a contractor or contractors retained by
the Developer and approved, in writing, by the Township Engineer. The
Township and Township Engineer are to be provided with the names and
phone numbers of personnel responsible for the works, including emergency
phone numbers.
4.1.5 Schedulinq of Works
Prior 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 Engineer, from time to
time, may direct. In any event the Schedule, or amended Schedule, as the
case may be, shall conform to the requirements of Clause 4.1.9.
14
4.1.6 Stormwater Management
A stormwater management report shall be prepared by the Developer's
Engineer for approval by the Township Engineer and the Nottawasaga Valley
Conservation Authority which details the means whereby stormwater 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/Ministry of Natural Resources Interim Stormwater Quality
Guidelines. Roadside drainage ditches are required to be constructed to
discharge stormwater from the development to existing Stormwater
Management Pond located on the adjacent lands owned by 2063334 Ontario
Inc. (Homire) as constructed through ECA 8593- 7F9Q5F dated June 12, 2008.
The Developer shall agree to contribute a proportionate share of the actual
costs related to the design and construction of a stormwater management pond
(Block 29) in the adjacent 2063334 Ontario Inc. (Homire) Subdivision. The
Developer has entered into a Cost Sharing Agreement with 2063334 Ontario
Inc. (Homire) regarding the Stormwater Management Pond located on Block 29
of the Homire subdivision. This Cost Sharing agreement was signed and dated
December 7, 2012.
The Township and Township Engineer will review all costs for inclusion, and
determine the proportionate share based on a per lot basis. This agreement
shall provide that such costs shall be payable prior to the issuance of any
building permits within the Developer's lands. This payment will be provided to
2063334 Ontario Inc. (Homire) through the Township.
The Developer will also have to carry out works at the 2063334 Ontario Inc.
(Homire) pond to provide for the required expansion of the forebay to the pond
in particular. The work will also include but is not limited to, replacing the
access road around the pond expansion, and completing the abutting
landscaping.
The Developer agrees that the Stormwater Management Pond expansion will
be completed before September 30, 2013.
4.1.7 Erosion and Siltation Control
The Developer must take all necessary precautions to prevent erosion and
sedimentation of 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 Storm Drainage and Siltation Control Plan shall be prepared by the
Developer's Engineer for approval by the Township Engineer and the
Nottawasaga Valley Conservation Authority. 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 and the Nottawasaga Valley Conservation Authority. The
Plan shall detail the means whereby erosion and siltation and their effects will
be minimized on the site during and after the construction period. The Plan
must deal with post development stormwater quality and shall conform to the
Ministry of Environment/Ministry of Natural Resources Interim Stormwater
Quality Guidelines. 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
Nottawasaga Valley Conservation Authority. The Developer agrees to maintain
all erosion and siltation control devices in good repair during construction.
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4.1.8 Si ns
Signs at least 1.2 metres by 1.8 metres shall be provided and erected by the
Developer at each entrance to the subdivision, at a location approved by the
Township Engineer, and the signs shall read as follows:
"ROADS NOT ASSUMED BY TOWNSHIP - USE AT YOUR OWN RISK"
The signs shall be painted either orange or yellow with black lettering. These
signs shall be installed prior to the commencement of construction and be
removed after the issuance of the Certificate of Substantial Completion and
Acceptance (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 services shall be
installed in accordance with the Declaration of Progress and Completion, as
required under Clause 7.12 of this Agreement, but no longer than two years
from the date of registration of this Agreement, unless extended by the
Township Engineer. Subsequent phases shall be completed 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 shall provide forty -eight
(48) hours written notice to the Township Engineer before work is resumed;
If the municipal services to be constructed by the Developer under this
Agreement are not completed and accepted by the Township within the above
time frame, the Township may either;
Give notice to the Developer to stop work on the said municipal services and to
provide that no further work shall be done with respect to such services, until an
amending Agreement, incorporating the standards, specifications and financial
requirements of the Township, in effect as of that date, is executed by all
parties; or
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 provisions
of the Plans filed with the Township.
4.2 BREACH OF AGREEMENT
If the Developer commences or causes construction of the works prior to satisfying the
requirement of this Agreement, it shall be subject to the penalties identified in Part 10.
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PART -5
FINANCIAL REQUIREMENTS
5.1 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. In this regard,
the Developer agrees to pay to the Township, the sum of TEN THOUSAND
DOLLARS ($10,000.00) upon submitting a Plan to the Township for consideration to
be applied to account of such costs. As accounts are received from the Township
Planner, lawyer and Engineer, they will be paid by the Township and then submitted to
the Developer for reimbursement within thirty (30) days, so that the initial deposit will
again be built up to enable the Township to pay the next accounts as they are
received. In the event that the deposit is drawn down to a level of FIVE THOUSAND
DOLLARS ($5,000.00), or less, and the Developer does not pay the accounts within
thirty (30) days, it is hereby understood and agreed that the 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 Developer shall deal directly with all Utility companies. He or his Consulting
Engineer shall obtain all approvals and permits and pay all fees and utility charges
directly to the Utility until the Certificate of Maintenance and Final Acceptance
(Underground Services) are issued.
If an additional electrical service is required for Township purposes, the Developer
shall include the cost of installation and maintenance of the service.
5.5 DEVELOPMENT CHARGES, REAL PROPERTY TAXES AND OTHER LEVIES AND
IMPOSTS
a) Development charges and education development charges shall be payable 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
further undertakes and agrees to pay taxes levied on the said lands, on the
basis and in accordance with assessment and collector's roll entries until such
time as the lands herein being subdivided have been assessed and entered on
the Collector's Roll according to the Registered Plan.
C) Before the Plan is approved, the Developer agrees to commute and pay the
Township's share of any charges made under the Drainage Act and the
17
Municipal Act, 2001, S.O. 2001, c.25 at present serving this property and
assessed against it.
These charges are set out in Schedule "F" of this Agreement.
NOTE: In addition to the Municipal Development Charges, the lots may be
subject to Simcoe County development charges, Simcoe County Boards
of Education development charges and applicable development charges
of any Public Utility.
5.6 SECURITIES
Prior to signing the Subdivision Agreement, the Developer will deposit with the
Treasurer of the Township to cover the faithful performance of the contract for the
installation of the said services and the payment of all obligations arising thereunder,
the following securities:
a) Cash in the amount of one - hundred percent (100 %) of the estimated cost of the
said work as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance
with the requirements of Schedule "K" with an automatic renewal clause, in the
amount of one hundred percent (100 %) of the estimated costs of the said
works, as set out in Schedule "D" and as approved by the Township Engineer.
The Letter of Credit shall be for a minimum guaranteed period of one (1) year,
or such time as the Township decides, and shall be renewed automatically, as
necessary, three (3) months prior to expiration. Unless the Letter of Credit is
renewed as noted above, the Township shall have the absolute right to refuse
to issue Building Permits and to prohibit occupancy of homes, whether partially
or fully completed, from the said date, three (3) months prior to the expiration of
the Letter of Credit, or the Township may cash the Letter of Credit until a
satisfactory Letter(s) of Credit is received by the Township.
c) Notwithstanding the provisions of subparagraphs (a) and (b) above, the
estimated cost of the works, as set out in Schedule "D ", will be reviewed and
updated by the Township Engineer on each anniversary of the date of
execution of this Agreement. In the event of an increase, the Developer shall
provide additional security, as required by the Township Engineer, within thirty
(30) days of notice, by registered mail, from the Township Engineer.
In the event that the Developer fails to deliver to the Township the additional
security as required by the Township Engineer, it is hereby understood and
agreed that the Developer be deemed to be in default of this Agreement and
the Township may, without notice, invoke default provisions as set out in this
Agreement.
The Township reserves the right to accept or reject any of these alternative
methods of providing securities. Prior to depositing the securities, the
Developer's Engineer shall submit an estimate of the cost of the works to the
Township Engineer for approval. When the cost estimate has been approved, it
will be set out in Schedule "D" of this Agreement and will become the basis for
the limits of the securities.
In the event that the tendered contract price for the Township services set out in
Schedule "D" is greater by 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.
d) Application — any Letter of Credit or security filed with the Township is based upon
the estimated cost of completing the various matters prescribed by this
Agreement. However, all Letters of Credit and security received by the Township
may be used as security for any item or any other matter, which under the terms
of this Agreement, is the responsibility of the Developer, including, without limiting
the generality of the foregoing, payment of Engineering, legal, Planning, and
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Development Charges, or other costs incurred by the Township, which are the
responsibility of the Developer under the terms of this Subdivision Agreement, as
well as development charges and costs to 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) Exceeding Cost Estimates — if the costs of completing such work or service
exceeds the amount of security held by the Township, such excess shall be paid
by the Developer to the Township, thirty (30) days after invoicing by the Township.
All overdue accounts shall bear interest at the rate of 12% per annum.
g) Save Harmless — the Developer, on behalf of itself, its successors and assigns,
agrees to indemnify and save harmless the Township from and against any and
all claims, suits, actions and demands whatsoever which may arise either directly
or indirectly by reason of any work or service performed by the Township, its
servants or sub - contractors in order to complete the work or services required to
be completed under this Agreement, provided the subject matter of such action,
suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub - contractors.
h) 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
complete Township services or satisfy any obligations under this Agreement, any
surplus monies that remain after this work is completed shall, upon full compliance
by the Developer with the terms of this Agreement, be returned to the issuing
financial institution for transmission to that party that took out the original Letter of
Credit.
5.7 DISCHARGE OF SECURITIES
5.7.1 Estimated Cost of Works - after the completion of fifty percent (50 %) of the
services based on the total estimated cost of works in the subdivision or in an
approved stage of the subdivision, and provided the Developer is in compliance
with all aspects of the Subdivision Agreement, the Developer shall, as the work
further proceeds to completion, have the privilege, on application to the Township
and upon certification of the Township Engineer, of obtaining reductions of the
cash or Letter of Credit deposited for the installation of the services, in increments
of not less than ten percent (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 there
are no liens pursuant to the Construction Lien Act affecting lands conveyed or to
be conveyed to the Township within the Plan of Subdivision, pursuant to the terms
of this Subdivision Agreement.
Note: The 2063334 Ontario Inc.(Homire) Stormwater Management Pond
expansion works must be completed, and the Certificate of Substantial
Completion and Acceptance issued for the works, prior to any reduction of
securities.
5.7.2 Final Occupancy and Lot Grading Deposit - the Developer or Individual Lot Owner
shall deposit with the Township, the required Final Occupancy and Lot Grading
Deposit at a rate applicable at the time of the issuance of Building Permits. Upon
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certification of final grade elevations indicating that the property has been
developed in conformity with the General Location and Lot Grading Plan by a
Professional Engineer registered with the Association of Professional Engineers of
Ontario and approved by the Township Engineer, the balance of the deposit shall
be returned.
5.8 STATUTORY 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 the Developer in
connection with the subdivision.
5.9 PLEDGE OF TITLE TO LANDS
The Developer hereby charges and pledges as security for all costs, charges, expenses
or obligations of the Developer under the provisions of this Subdivision Agreement all of
its right, title and interest in the said lands, and consents to the registration of this
Subdivision Agreement against title to the said lands.
5.10 INSURANCE CERTIFICATE AND POLICY
5.10.1 Policy of Insurance - the Developer shall lodge with the Township, on or prior
to the execution of the Agreement, an insurance certificate with an insurance
company satisfactory to the Township, (which said approval shall not be
unreasonably withheld or delayed), and insuring for the joint benefit of the
Developer, 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 (1) year after
completion and acceptance of the Township services to be constructed herein.
5.10.2 Comprehensive General Liability /Environmental Impairment - such policy
shall carry limits of liability in the amount to be specified by the Township, but
in no event shall it be less than FIVE MILLION DOLLARS ($5,000,000.00)
inclusive comprehensive general liability, environmental impairment liability in
an amount not less than FIVE MILLION DOLLARS (5,000,000.00), and such
policy shall contain:
a) a cross - liability clause;
b) product/completed operation coverage;
c) shall not have an exclusion pertaining to blasting, provided that any
blasting required to be done shall be done by an independent;
d) shall include the following names as insured's:
(i) THE CORPORATION 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 cancellation or
expiry of the said insurance policy.
5.10.4 Certificate of Coverage - any certificate of coverage filed with the
Township Clerk shall specifically contain their confirmation that coverage
includes (a), (b), (c) 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 such
policy or policies insurance have been paid, and that the insurance is in full
20
force and effect. The Developer shall see that a copy of the policy is filed with
the Township annually.
5.10.6 Claim in Excess of Policy Limits - the issuance of such policy of insurance
shall not be construed as relieving the Developer from responsibility for other
or larger claims, if any, and for which it may be held responsible.
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PART - 6
STAGING OR PHASING
6.1 STAGING OR PHASING
The Township, in its sole discretion, may instruct the Developer to construct the
services in particular stages or phases suitable to the Township, and the Developer
must comply on 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 convenient stages. If
the work is thus staged, as approved by the Township, then in lieu of furnishing cash
payment or Letter of Credit, all as set out in Clause 5.6 for one hundred percent
(100 %) of the estimated costs, as approved by the Township Engineer, the Developer
shall deposit security for part of the services the Township has approved. Before
proceeding with an additional stage, the Developer shall obtain the written approval of
the Township and no service will be permitted to be installed and no Building Permits
issued until this approval has been received and additional securities deposited.
When fifty percent (50 %) of the lots of the subdivision or stages of the subdivision
have been built upon and all the services have not been completed and approved by
the Township Engineer, the Township reserves the right to refuse commencement of
the next stage until all services have been installed and approved.
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 obtained substantial completion (underground) within a two (2) year
period after registration of this Agreement.
Notwithstanding anything hereinafter set out, the Township shall not be obligated to
assume the responsibility for and take over the subdivision services until at least fifty
percent (50 %) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Final Certificate of Occupancy have been
issued. The Developer shall be responsible for the maintenance and all repairs of the
services, in this case.
The subdivision is to be developed in the following Phases:
Phase 1 Lots 1 to 22 Plan 51 M- XXX
6.2 In order for development to occur in the Warminster settlement area, upgrades to the
water system were required. The upgrades included drilling of a second production
well, upgrades to the well house, and expansion of the existing underground reservoir,
complete with fire pump. The upgrades to the existing reservoir and the installation of
a fire pump were required to provide fire protection. Three subdivisions within the
boundaries of Warminster have been draft approved and one subdivision registered as
of the date of signing of this agreement. The three draft approved developments are
the South Shore Isabella Estates Inc. Subdivision, the Meadow Acres Subdivision and
the Teskey Subdivision. The Homire Subdivision (2063334 Ontario Inc.) is registered
and consists of 28 lots. There is also a proposed residential development by way of
consent to create nine lot (Rix lands). Upon full build -out, the Homire Subdivision, the
Meadow Acres Subdivision, the South Shore Isabella Estates Inc. Subdivision, the
Teskey Subdivision, and the Rix lands are anticipated to include 159 lots.
6.3 By -law 2012 -136 was executed by the Township in July 2012 authorizing the
execution of a Cost Sharing Agreement between the Township, 2063334 Ontario Inc.
( Homire) and South Shore Isabella Estates Inc. respecting the financing and sharing of
costs of the Water System upgrades required for full build -out of the Warminster
Settlement Area. On the basis of the current estimated total costs of the water system
upgrades the share on a per lot basis is estimated at $9302.74 per lot based on the full
build out of 159 lots. In accordance with the cost sharing agreement, South Shore
Isabella Estates Inc. has contributed $204,660.21 as their proportionate share of the
water system upgrades.
22
6.4 The developers identified in paragraph 6.2 including South Shore Isabella Estates Inc.
(Developer) agree that any difference between the estimated total cost and the actual
total cost of the Water System Upgrades will be shared, on a proportionate per -lot
basis.
23
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 Subdivision Agreement. A copy of these standards is available at the Municipal
Office.
If at any time, and from time to time during the development of the subdivision, the
Township Engineer is of the opinion that additional works are necessary to provide
adequately any of the public services required by the Plan, the Developer shall
construct, install or perform such additional works at the request of the Township
Engineer.
7.2 CONSTRUCTION OF WORKS
Following the registration of this Agreement, the Developer shall cause to be
constructed, all requisite works in order to provide services to the lots and buildings
blocks within the Phase; as well as the expansion of the existing Stormwater
Management pond within the adjacent 2063334 Ontario Inc. (Homire) Development.
7.3 HYDRO ONE
7.3.1 Any development in conjunction with the subdivision must not block vehicular
access to any Hydro facilities located on the right -of -way.
7.3.2 The Developer shall make arrangements satisfactory to Hydro One for the
crossing of the Hydro right -of -way by the proposed roads. A separate proposal
shall be submitted to Hydro One area office for these future road crossings.
7.3.3 The cost of any relocations or revisions to Hydro One facilities which are
necessary to accommodate this subdivision will be borne by the developer.
7.3.4 The easement rights of Hydro One are to be protected and maintained.
7.4 PRESERVATION AND PLANTING OF TREES
7.4.1 The Developer shall preserve all healthy trees within the limits of the
subdivision, where possible. If, in the opinion of the Township Engineer,
indiscriminate removal of trees takes place within the limits of the Plan of
Subdivision, including road allowances and individual lots, the Township shall
have the option of having a Stop Work Order on construction of the services
and /or building on a particular lot where the removal is taking place. Work will
not be allowed to proceed until the Township is satisfied that the practice will
not continue and the Developer /Builder agrees to carry out remedial work
requested by the Township. The Developer agrees to provide a copy of this
clause to each and every prospective builder /prospective purchaser.
7.4.2 The Developer shall plant minimum two (2) hardwood trees (2.4 metre or taller)
of a minimum of 50mm caliper on each lot having less than three (3) trees in the
front yard(s). The variety of trees must be approved by the satisfactory to the
Township prior to installation.
7.4.3 In lieu of planting trees, the Developer shall install a 1.8m high board fence
along the rear of Lots 12 and 13, which abuts Highway No. 12, as per
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Engineering Drawings GS -1, LG -1 and PP -1 and as deemed appropriate by the
Municipality.
7.5 MOVEMENT OF FILL
The Developer covenants and agrees that he shall not dump, nor permit to be
dumped, any fill or debris on, nor shall he remove or permit to be removed, any fill,
topsoil, trees or shrubs from any public or Municipal lands, without the written consent
of the Township Engineer.
7.6 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.
7.7 ACCESS ROADS
All access roads must be maintained by the Developer in good repair acceptable to
the Township Engineer and Township Public Works Official during the time of
construction, including dust control and the removal of any mud or debris tracked from
the subdivision, and no roadway outside the limits of the proposed subdivision may be
closed without the written consent of the Township Public Works Official. 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 close a
roadway. The Township reserves the right to limit or prohibit the use of any existing
access road by the Developer.
7.8 DAMAGE TO EXISTING PLANT
The Developer shall repair any damages caused to an existing road, road allowance
or existing structure or plant located on the road allowance as a result of the
subdivision development and shall pay for any costs involved in the relocation of
existing services, such as hydrants, telephone poles, etc., which may become
necessary because of the development of the subdivision. In this regard, the
Developer's Engineer shall arrange for an inspection with the Township Public Works
Official and Township Engineer for the purpose of compiling an inventory of existing
conditions prior to work on the subdivision. Otherwise, the Township Public Works
Official's assessment of conditions prior to construction will be final.
7.9 DUST CONTROL
Until the Certificate of Substantial Completion and Acceptance (Aboveground Works)
has been issued, the Developer shall apply calcium or other Ministry of the
Environment 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 Developer has not taken remedial action within twenty -four (24) hours of
receiving a written notification (via facsimile) from the Township's Engineer regarding a
dust control problem, then the Township's Engineer, at their sole discretion, shall
employ outside forces to implement, at the Developer's expense, a suitable measure
of dust control.
7.10 CONSTRUCTION REFUSE
All construction refuse, garbage and debris from the subdivision must be disposed of
in an orderly and sanitary fashion by the Developer, off the site of the subdivision, at a
licensed landfill site. The Township is not responsible for the removal or disposal of
refuse, garbage and debris. Open air burning is not permitted by the Township. The
Developer agrees to deliver a copy of this clause to each and every builder obtaining a
Building Permit for any lot or part of a lot on the said Plan of Subdivision.
25
7.11 INSPECTION OF CONSTRUCTION OF SERVICES
During construction of the services, the Township may inspect the work in hand at
such times and with such duration and frequency as the nature of the type of
construction may dictate. Subject to the obligations of the Township Engineer to
protect the interests of the Township through such inspections, every effort will be
made to keep duplication of engineering services on site to a minimum. If, during such
inspections, the Township Engineer perceives that construction, whether by method or
otherwise, constitutes an immediate danger to life or property, or construction does not
conform to acceptable practice in order to meet the requirements for services, he will
have the authority to cease construction operations by verbal notice to the contractor
and /or the Developer's Engineer, such notice to be 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 in construction of services for the subdivision.
7.12 DECLARATION OF PROGRESS AND COMPLETION
7.12.1 Prior to the approval of the underground services, the Developer shall provide
the Township Engineer with an undertaking for the completion dates of all
remaining works required by this Agreement and in a form similar to that
attached to this Agreement as Schedule "I ", the Declaration of Progress and
Completion, for approval of the Township Engineer. The Township reserves
the right to alter the completion dates, if the timelines are considered to be
inappropriate, and the Developer agrees to complete the services within the
revised completion dates.
7.12.2 It is understood and agreed that should the Developer fail to construct the
remaining services, as stipulated, and by such dates as provided in the
Declaration, the Developer shall pay to the Township, as 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.
7.12.3 The Township recognizes that top -lift asphalt cannot be placed until 50% of the
lots have completed dwellings and that should not be altered by the Township.
7.13 PROGRESS OF WORKS
After the completion of the underground services, the Developer shall complete the
Declaration of Progress and Completion for the approval of the Township Engineer
and from that date, the said Declaration shall apply and take precedence over Clause
4.1.5. Prior to signing the Declaration of Progress and Completion, the Developer
shall install all works in accordance with the Schedule of Works or as directed by the
Township Engineer. If he fails to adhere to the scheduling provisions outlined in the
Schedule of Works or the Declaration, or having commenced to install the aforesaid
works, fails or neglects to proceed with reasonable speed, or in the event that the
aforesaid works are not being installed in the manner required by the Township
Engineer, then upon the Township Engineer giving seven (7) days written notice by
prepaid registered mail to the Developer, the Township Engineer may, without further
notice, enter upon the said land and proceed to supply all materials and to do all
necessary works in connection with the installation of the said works, including the
repair or reconstruction of faulty work and the replacement of materials not in
accordance with the specifications, and to charge the costs thereof, together with an
Engineering fee of ten percent (10 %) of the cost of such materials and works to the
Developer who shall forthwith pay the same upon demand. If the Developer fails to
pay the Township within 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 agent for the
Developer, and shall not be deemed for any purpose whatsoever, as an acceptance or
assumption of the said works by the Township.
26
The Township, in addition to all other remedies it may have, may refuse to issue
Building Permits until such works are completely installed in accordance with the
requirements of the Township Engineer. It is agreed that a copy of this clause be
delivered by the Developer to each and every builder obtaining a Building Permit for
any lot or part of a lot on the said Plan.
7.14 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES
It is intended that the waterworks will be constructed, inspected and approved prior to
the completion of the other works, including roads, boulevards, utilities and street
lights.
It is intended that the storm sewer system and stormwater works will be constructed,
inspected and approved in accordance with the wording contained in this Agreement.
Building Permits will not be issued until the Township Engineer has given the
Certificate of Substantial Completion and Acceptance (Municipal Underground
Services) excluding the 2063334 Ontario Inc. (Homire) Stormwater Management Pond
expansion works. The two (2) year maintenance period for the underground services
will commence when this Certificate is issued.
In addition, a separate Certificate of Substantial Completion and Acceptance for the
2063334 Ontario Inc. (Homire) Stormwater Management Pond expansion works is
required to be issued by the Township Engineer. There will be a two (2) year
maintenance period for the Stormwater Management Pond expansion works. The two
(2) year maintenance period for the expansion works will commence when this
Certificate is issued.
During the maintenance periods, the Developer shall be responsible for the normal
operation and maintenance and all repairs for the services noted in the Certificates.
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 out the work and be reimbursed the cost of the work from the Developer's
securities, as set out under Clause 9.3.
Notwithstanding anything hereinafter set out, the Township shall not be obligated to
assume the responsibility for and take over the subdivision services until at least fifty
percent (50 %) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Final Certificate of Occupancy have been
issued. The Developer shall be responsible for the maintenance and all repairs of the
services, in this case.
7.15 EMERGENCY REPAIRS
Employees or agents of the Township may enter onto the lands at any time, or from
time to time for the purpose of making emergency repairs to any of the works. Such
entry and repairing shall not be deemed an acceptance of the works by the Township
or any assumption by the Township of any liability in connection therewith, or a release
of the Developer from any of his obligations under this Agreement.
7.16 USE OF WORKS BY TOWNSHIP
The Developer agrees that:
I. The works may be used prior to acceptance by the Township or other authorized
persons for the purpose for which such works are designed.
II. Such use shall not be deemed an acceptance of the works by the Township, and;
III. Such use shall not in any way relieve the Developer of his obligations in respect of
the construction and maintenance of the works so used.
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7.17 DRAINAGE AND LOT GRADING
All lots and blocks within the Plan and all lands abutting the Plan shall be graded to
drain in accordance with the Lot Grading Plans LG -1 and LG -2 prepared by C.C.
Tatham & Associates Ltd., and approved by the Township Engineer and the Township.
Some fill and re- grading of lots may be necessary during or after building construction.
The Grading Plan shall show all existing and final grades on lot corners, as well as
mid -lot elevations, where deemed necessary by the Township Engineer.
It is understood and agreed by the parties hereto that drainage of surface water on the
lots and blocks on the Plan is the sole responsibility of the respective lot owners once
the required drainage works have been constructed by the Developer.
The storm swales shall be landscaped and maintained by all subsequent lot owners.
The purpose of the storm swales is to accommodate storm drainage waters from the
subject lot and adjacent lands. No lot owner in the subdivision shall encumber or
impede storm drainage in any manner whatsoever. In the event that the Developer, or
any subsequent lot owner, obstructs, impedes, or interferes with the storm drainage
flow through any part of the storm swale, or interferes with the acceptance of water
from any connecting swales, then the Township shall have the right, if it so elects, to
enter upon the subject lands to rectify such problems so that the swales can serve
their original purpose.
Within the swale area, the Developer, and any subsequent lot owner, shall not
construct any works, remove, or permit to be removed, any soil from the said
swale /easement, excavate, drill, install, erect, or permit to be excavated, drilled,
installed or erected in, over, upon, under or through the said swale /easement, any
fence, well, foundation, pavement, building or other structure or other installation.
The lot owner of any lot in the subdivision upon which the Township elects to enter for
the purpose of rectifying the said work, hereby agrees to indemnify and release the
Township from and against all claims, demands, actions or causes of action
whatsoever arising as a result of the Township or of its servants or agents entering
upon the lands for the purpose of correcting drainage problems. The cost of such
work will be for the account of the lot owner. Any invoices not paid within thirty (30)
days after the due date, shall be added to the tax roll and collected in a like manner as
realty taxes, as per Section 427 of the Municipal Act, 2001.
The Developer agrees to deliver a copy of this clause to each and every prospective
purchaser and /or builder obtaining a Building Permit for any lot or part of a lot on the
said Plan of Subdivision.
Generally, the drainage facilities will consist of rural cross section including roadside
drainage ditches to provide a satisfactory drainage outlet, and will be in accordance
with the Overall Pre - Development and Post Development Drainage Plans ODP -1 and
ODP -2, Pre - Development and Post Development Drainage Plans DP -1 and DP -2 and
Plan and Profile PP-1, PP -2 and PP -3 by C.C. Tatham & Associates Ltd. and
approved by the Township Engineer and the Township.
7.18 WALKWAY
A 3.0 metre wide walkway (designed and constructed to Township standards) lined by
chain link fencing from this development to Warminster Sideroad through a walkway
block and across Township Parkland, shall be provided. All costs, including but not
limited to legal and survey costs, and construction will be borne by the Developer.
The pedestrian walkway connecting Merrington Avenue to Warminster Sideroad will
be contained in Block 25 and traverse through the abutting Township Park. This walk
will be 3.0 metres in width and be lined with chain link fencing on both sides of the
walkway.
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7.19 DEFINITIONS
For the purposes of this Subdivision Agreement:
(i) The term "Underground Services" shall mean the storm drainage works (including
culverts and storm drainage works); the waterworks (including piping, values,
hydrants, services to lots, sample station, and PVR's; and underground electrical
distribution system and street lighting serving the Plan of Subdivision, as more
particularly described in Schedule "C" to this Subdivision Agreement.
(ii) The term "Certificate of Substantial Completion and Acceptance (Municipal
Underground Services)" 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 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 (Municipal Underground Services)
shall not constitute an assumption of the Municipal 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 upon 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 particularly identified in
Schedule "C ", have been satisfactorily completed and maintained by the
Developer during the two -year (2) maintenance period, and issuance of the said
Certificate shall constitute final acceptance and assumption of the Municipal
Underground Services by the Township.
(iv) The term "Aboveground Services" shall mean all Municipal services to be
constructed 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 this Subdivision
Agreement, as more particularly identified in Schedule "C ", have been
substantially completed, in accordance with plans and specifications reviewed and
accepted by the Township Engineer. The issuance of a Certificate of Substantial
Completion and Acceptance (Aboveground Services) shall constitute an
assumption of the Aboveground Services by the Township for winter maintenance
only.
(vi) The term "Certificate of Maintenance and Final Acceptance (Aboveground
Services)" shall mean a Certificate issued by the Township upon the
recommendation of the Township Engineer confirming that the Aboveground
Services constructed by the Developer in accordance with the terms of this
Subdivision Agreement, and as more particularly identified in Schedule "C ", have
been satisfactorily completed and maintained by the Developer during the two -
year (2) maintenance period, and issuance of the said Certificate shall constitute
final acceptance and assumption of the Aboveground Services by the Township.
(vii) The 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 Certificate
of Maintenance and Final Acceptance (Municipal Underground Services) or a
I
Certificate of Maintenance and Final Acceptance (Aboveground Services), as the
provisions of this Subdivision Agreement require.
PART - 8
BUILDING PERMITS AND OCCUPANCY
8.1 TOWNSHIP OF ORO- MEDONTE
The Developer 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 until a
Certificate of Substantial Completion and Acceptance (underground service) has been
issued.
The Developer's Engineer shall prepare an overall Lot Development Plan for approval
by the Township, Township Engineer and the Nottawasaga Valley Conservation
Authority as a further requirement to Clause 7.17. The Plan shall include the following:
a) envelopes for the proposed house and any adjacent structures on each lot.
b) existing and proposed grades of the disturbed area of lot after building, drainage
and sewage works have been completed.
c) existing and proposed grades on lot corners and mid -lot elevation.
d) location and type of proposed water supply and sanitary sewer connection.
8.1.1 The Developer agrees to advise all prospective lot Developers that a detailed
Site Development Plan for each lot may be required to be prepared by a
Professional Engineer registered with the Association of Professional
Engineers of Ontario, for approval by the Township Engineer for each
respective lot. Site Development Plans, which conform to the overall Lot
Development Plan at an approved metric scale using metric dimensions and
elevations, shall include the following:
a) the location, dimensions and elevations of the proposed dwelling and
any structures to be located on the lot, as well as any adjacent
structures on the adjacent lot(s).
b) the location, size and elevation of the sewage system servicing the
dwelling, all engineering design criteria and standards pertaining
thereto, shall be provided.
c) the location of watermain, 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.
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 7.17,
as shown on the approved General Servicing Plan GS -1, Siltation and Erosion
30
Control Plan SC -1, Stormwater Management Plan and Details SWM -1, Overall
Pre - Development and Post Development Drainage Plans ODP -1 and ODP -2,
Pre - Development and Post Development Drainage Plans DP -1 and DP -2, Lot
Grading Plans LG -1 and LG -2, Plan and Profile PP- 1, PP -2, and PP -3,
Composite Utility Plan CUP- 1, Notes and Details DE -1 and DE -2 and all
prepared by C.C. Tatham & Associates Ltd., to the satisfaction of the Township
and the Township Engineer.
8.2 REQUIREMENTS FOR BUILDING PERMITS
The approval of the Plan by the Township, or the acceptance by the Township of the
works, shall not be deemed to give any assurance that the 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 7.17 and 8.1.
(ii) The Storm Water Management System and Waterworks have been installed,
tested and approved by the Township Engineer. The Township Engineer has
issued his Certificate of Substantial Completion and Acceptance (Municipal
Underground Services) excluding the separate Certificate of Substantial
Completion and Acceptance for the 2063334 Ontario Inca (Homire) Stormwater
Management Pond expansion works.
(iii) Plans for remaining underground services such as Bell Telephone, Electricity or
Natural Gas have been approved.
(iv) A "Builders" road consisting of the grading, open ditch shaping and full depth of
Granular "B" sub -base, has been constructed on the road providing access to
the lot.
(v) Approval of the Township Engineer has been obtained for the construction of
any buildings to be erected on lots or blocks listed in Schedule "E" hereto.
(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
4.1.8.
(vii) A Certificate Letter and Lot Development Plan has been given by the
Developer's Consulting Engineer or a Professional Engineer registered with the
Association of Professional Engineers of Ontario, that the building to be erected
on any lot or block within the Plan, for which a Building Permit has been applied
for, is in conformity with the General Location and Lot Grading Plans, or has
received the approval of the Township Engineer with respect to any variance to
the Grading Plan.
The individual Lot Development Plan must be approved by the Township
Engineer prior to the issuance of a Building Permit. A copy of the receipt
payment to the Township must be provided to the Township Engineer prior to
their review of the Lot Development 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) Any Development Charges have been paid, in full, in accordance with the
applicable Development Charge By -Laws, enacted pursuant to the
Development Charges Act. 1997, as well as By -Laws enacted pursuant to
Section 257.53 of the Education Act, or alternate arrangement satisfactory to
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the body enacting the Development Charge By -Law, have been made and the
same has been communicated to the Chief Building Official for the Township of
Oro - Medonte, in writing, by such a body.
(x) Payment of the Stormwater Management Pond Proportionate Share is required
prior to issuing any building permits as per Section 4.1.6.
(xi) Prior to the issuance of the 11th Building Permit for his Development, the
installation of the watermain crossing of Highway No. 12 must be completed by
the developer as showed on Drawing PP3, Plan & Profile Highway No. 12
Crossing & Easement.
8.3 LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL ATTENTION
Any lot, which will require special attention in order to be serviced, will be listed on
Schedule "E" of this Agreement. Prior to the issuance of a Building 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 for each and every lot from the Municipal Office. As a further requirement, in
order to obtain a Provisional Certificate of Occupancy, the Developer and /or builder or
lot owner, shall install the aforementioned number at a location approved by the
Township. The Developer agrees to provide a copy of this clause to each and every
builder or lot owner in advance of the sale of such lot(s).
8.5 REQUIREMENTS FOR OCCUPANCY
8.5.1 No buildings erected on the lots or blocks within the Plan shall be occupied until
a PROVISIONAL CERTIFICATE OF OCCUPANCY has been issued by the
Township in accordance with the Township Building and Plumbing By -Law.
PROVISIONAL CERTIFICATE OF OCCUPANCY means a permit issued to
allow occupancy of a building.
8.5.2 A FINAL 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.
(iii) 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
lot or block, is in conformity with the General Location and Lot Grading
Plans, or such variance there from 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.
32
(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 7.4. Trees shall be planted prior to assumption.
(vi) 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 part of a lot on the
said Plan.
8.6 OCCUPANCY LIQUIDATED DAMAGES
Notwithstanding the above, if for any reason whatsoever, occupancy of any building
occurs before the vital services listed in Clause 8.5 are installed to the home occupied
to the satisfaction of the Township Engineer, then the Developer agrees to pay to the
Township, liquidated damages in the amount of ONE HUNDRED DOLLARS
($100.00), per dwelling, per day, to cover the additional costs of administration,
inspection and fire protection, etc. The liquidated damages to commence at and
include the date of occupancy and end when the Developer obtains a certificate from
the Township Engineer that the vital services are satisfactorily installed. If the
Developer fails to pay to the Township, monies owing under this clause within thirty
(30) days of the date of the bill, the money may be deducted from the cash deposit or
Letter of Credit or other deposited security.
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PART -9
MAINTENANCE AND ACCEPTANCE
9.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES
On receipt of the Developer's request for a final inspection of the underground
services, the Township Engineer will again inspect the work and if satisfied, will
recommend to the Township that the Certificate of Maintenance and Final Acceptance
(Municipal Underground Services) be issued. It should be noted that the Certificate of
Maintenance and Final Acceptance (Municipal Underground Services) can 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 at least fifty
percent (50 %) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Final Certificate of Occupancy have been
issued. The Developer shall be responsible for the maintenance and all repairs of the
services, in this case.
The Developer will be responsible for these operation costs until the Township has
assumed the responsibility of these services.
9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES
When all of the services have been completed, including the surface lift of asphalt in
accordance with this Agreement or in a particular stage, the Township Engineer and
Public Works Official shall make an inspection to ensure that the Township will accept
the road system. The Township Engineer shall issue a Certificate of Substantial
Completion and Acceptance (Aboveground Services) when the works are accepted by
the Township. This Certificate may contain a list of minor deficiencies, which have to
be corrected by the Developer, but which are not considered of sufficient importance
to delay the issuance of the Certificate and the acceptance of the services by the
Township. The two (2) year maintenance period will commence when the Township
Council approves the issuance of the Certificate.
9.3 MAINTENANCE OF WORKS
The Developer will be responsible for the repair and maintenance of all the subdivision
services for a period of two (2) years from the date the Township Council approves the
Certificate of Substantial Completion and Acceptance. This shall be called the
Maintenance Period. The maintenance shall include the maintaining and mowing of
grass within the road allowances, as well as the parkland area, if provided, on a
regular basis. Areas which are to remain "Naturalized" condition will not be mowed. If
the Township is requested to carry out this maintenance, the Developer shall pay all
charges to the Township.
If, during this period, the Developer fails to carry out maintenance work within forty -
eight (48) hours after receipt of a request from the Township, then the Township
Engineer may, without further notice, undertake such maintenance work and the total
cost of such work, including Engineering fees, shall be borne by the Developer. If the
Developer fails to pay the Township within thirty (30) days of the date of billing, then
the money owing may be deducted from the cash deposit or Letter of Credit. During
the maintenance period, ten percent (10 %) of the original estimated cost of the works
shall be retained by the Township.
Towards the end of the maintenance period, the Developer shall make written request
to the Township for a final inspection to be made and notwithstanding the two (2) year
period noted above, the maintenance period will continue for the original two (2) years,
or for thirty (30) days after the receipt of the Developer's written request for a final
inspection, whichever period of time is the greater.
34
Notwithstanding anything hereinafter set out, the Township shall not be obligated to
assume the responsibility for and take over the subdivision services until at least fifty
percent (50 %) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Final Certificate of Occupancy have been
issued. The Developer shall be responsible for the maintenance and all repairs of the
services, in this case.
9.4 WINTER ROAD MAINTENANCE
An exception to the liability of the Developer for all maintenance and repair of the
services during the two (2) year maintenance period will be winter control, which
operation will be the Township's responsibility after the issuance of the Certificate of
Substantial Completion and Acceptance (Aboveground Services). Winter control shall
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 by the Developer, the
Township, through its servants, contractors, or agents, may provide without notice to
the Developer. Such winter control shall be only carried out at times deemed to be an
emergency by the Public Works Official. All costs of such work shall be paid by the
Developer within thirty (30) days of the date of billing or otherwise may be deducted
from the cash deposit or Letter of Credit.
The cost of such works to be at the following rates:
Machinery and Equipment $50.00 /hr.
Labour $25.80/hr.
Mixed Sand and Salt $11.47 /tonne
Payroll Burden -48%
Administration - 7%
H.S.T. - 13%
The Township may adjust these rates from time to time.
The Developer further agrees that any work done by the Township pursuant to this
Agreement before the roads are accepted by the Township, shall not be deemed in
any way to be an acceptance by the Township of the roads in the said subdivision
upon which such work is done. The Developer acknowledges that the Township,
whilst providing winter control, may damage or interfere with the works of the
Developer and covenants that he will make no claims against the Township for such
interference or damage, providing the work is carried out in a normal and reasonable
manner.
9.5 REPLACEMENT OF SURVEY BARS
Prior to the final acceptance of the subdivision by the Township, the Developer agrees
to supply a statement from an Ontario Land Surveyor approved by the Township that
after the completion of the subdivision work, he has found or replaced all survey
monuments, standard iron bars and iron bars shown on the registered plan. The
statement must be dated within two months of the date of acceptance.
9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES
Upon receipt of the Developer's request for a final inspection of the Aboveground
Services, the Township Engineer will again inspect the work and if satisfied, will
recommend to the Township that the Certificate of Maintenance and Final Acceptance
be issued.
Notwithstanding anything hereinafter set out, the Township shall not be obligated to
assume the responsibility for and take over the subdivision services until at least 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
35
Developer shall be responsible for the maintenance of the aboveground 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 there from as
has been approved by the Township Engineer.
Every such release shall operate as a discharge of all levies hereunder by the
Township in respect to each lot or block described in the release, with the exception of
the responsibility for drainage as outlined in Clause 9.8 and the completion and
maintenance of the services.
9.8 DRAINAGE - RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT OWNERS
It is understood and agreed that the drainage of surface waters upon and from the said
lands shall remain the sole responsibility of the Developer and once assumed the
subsequent owners, from time to time, of the lots or blocks within the Plan of Subdivision.
The Developer and then 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 Clause 7.17
of this Subdivision Agreement. The Developer agrees to provide a copy of this Clause
9.8 and Clause 7.17 to each and every prospective builder /prospective purchaser of a lot
or block within the Plan of Subdivision.
The Developer and then subsequent owners, from time to time, of any lot or block within
the Plan of Subdivision upon which the Township elects to enter for the purpose of
rectifying the said work, hereby agrees to indemnify and release the Township from and
against all claims, demands, actions or causes of action whatsoever arising as a result of
the Township or of its servants or agents entering upon the lands for the purpose of
correcting drainage problems. The cost of such work will be for the account of the
Developer and then subsequent lot owner(s). Any invoices not paid within thirty (30)
days after due date, shall be added to the tax roll and collected in a like manner as realty
taxes as per Section 446 of the Municipal Act, 2001.
36
PART —10 - DEFAULT PROVISIONS
10.1 DEFAULT PROVISIONS
Notwithstanding 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 SUBSTITUTION FOR 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 OR EXPENSES INCURRED BY THE TOWNSHIP
The Developer further agrees that all costs, charges or expenses incurred by the
Township in satisfying the obligations of the Developer in the event of default of the
Developer under the 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
accordance with the provisions of Section 446 of the Municipal Act, 2001.
IN WITNESS WHEREOF the parties hereto have executed this Agreement and have
hereunto caused to be affixed the corporate seals, duly attested to by the proper signing
officers.
SIGNED, SEALED AND DELIVERED this day of i'1A 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Per
Title Mayor
I itle GIerK
37
SOUTH SHORE ISABELLA ESTATES INC.
Per
Robertf Cheslock
Title President
SOUTH SHORE CADEN ESTATES INC.
Per'
Robert Cheslock
Title Signin.
q Officer
38
SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO- MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC. AND SOUTH SHORE CADEN ESTATES
INC.
DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT
ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the
Township of Oro - Medonte (formerly Township of Medonte), in the County of Simcoe, and
being composed of the whole of the lands described as follows:
Plan of Subdivision of Pt Lot 5, Concession 14, Medonte as in RO167598 Except Pt 1,
51 R37351; Township of Oro - Medonte (Geographic Township of Medonte), County of
Simcoe, PIN 58530 -0393 (LT)
39
SCHEDULE "B"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO- MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC. AND SOUTH SHORE CADEN ESTATES
INC.
PLAN OF SUBDIVISION
Phase 1 22 Lots
PLAN OF SUBDIVISION
51 -M
40
SCHEDULE "C"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO- MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC. AND SOUTH SHORE CADEN ESTATES
INC.
WORKS TO BE CONSTRUCTED
Construction of storm sewers and appurtenances, watermains and appurtenances, including
service connections, all road works, including roadside ditches; and the expansion of the
existing Stormwater Management Pond within the adjacent 2063334 Ontario Inc. (Homire)
Subdivision in accordance with the approved Engineering Drawings to service the South
Shore Isabella Estates Inc. Subdivision in the Township of Oro - Medonte.
LIST OF DRAWINGS
C.C. TATHAM & ASSOCIATES LTD. TITLE PAGE
51 M -PLAN 51 M-
51 R -PLAN 51 R-
General Servicing Plan
General Servicing Plan GS -1
Siltation and Erosion Control Plan
Siltation and Erosion Control Plan SC -1
Stormwater Management Plan and Details
Stormwater Management Plan and Details SWM -1
Overall Pre - Development and Post Development Drainage Plans
Overall Pre - Development Drainage Plan ODP -1
Overall Post Development Drainage Plan ODP -2
Pre - Development and Post Development Drainage Plans
Pre - Development Drainage Plan DP -1
Post Development Drainage Plan DP -2
Lot Grading Plans
Lot Grading Plan LG -1
Lot Grading Plan LG -2
Plan and Profile
Plan and Profile — Merrington Avenue — STA. 0 +978 to 1 +140 PP -1
Plan and Profile — Merrington Avenue — STA. 1 +140 to 1 +340 PP -2
Plan and Profile — Highway 12 Crossing & Easement — STA. 1 +960 to 2 +138 PP -3
Water Distribution and Testing
Water Distribution and Testing
Composite Utility Plan
Composite Utility Plan
41
WAT -1
CUP -1
Notes and Details
Notes and Details DE -1
Details DE -2
Landscape Plans
Landscape Plan LP -1
Planting Details & Notes LD -1
Street Lighting Plans
Street Lighting Layout E1
Wiring Diagram and Specifications E2
Hydro One Networks Inc.
Hydro One 00340 -11- 139 -R3
Enbridge Gas
Enbridge Gas 5.8128842 -R4 P.1
Enbridge Gas 5.8128842 -R4 P.2
Rogers Communications
Rogers Communications S120295 -D1 -R2
Bell Canada
Bell Canada Plan 405 & 606
Note: The aforementioned drawings were stamped "Accepted for Construction" by AECOM,
the Township Engineer on August 22, 2012.
42
SCHEDULE "D"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO- MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC. AND SOUTH SHORE CADEN ESTATES
INC.
LETTER OF CREDIT VALUE
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS
The following list summarizes the cost estimate of the major works, but is not necessarily
inclusive:
Original Remaining Completed
Outstanding
Work
A) Roadway construction complete including removals,
siltation controls, clearing and grubbing, excavation,
granular road base materials and two lifts
of asphalt ...................................... ............................... $155,989.00 $41,890.00 $114,099.00
B) Storm Drainage works complete including expanding
existing detention pond, planting, topsoil and seed............ $59,800.00 $59,800.00 $0.00
C) Watermain works complete including piping, valves,
Hydrants, services and watermain crossing Hwy 12.......... $108,960.00 $25,080.00 $83,880.00
D) Miscellaneous items such as tree planting, asphalt,
walkway,fencing and access gates ............................... $45,300.00 $45,300.00 $0.00
E) Electrical supply, including street lights and
transformers ....................................... ............................... $17,000.00 $17,000.00 $0.00
SUB -TOTAL $387,049.00 $189,070.00 $197,979.00
F) 10% Allowance for Engineering and Supervision ................. $38,704.90 $18,907.00 $19,797.90
TOTAL
13% H.S.T.
TOTAL COST
LETTER OF CREDIT REQUIRED
Remaining Outstanding Work
20% of Completed Work
REQUIRED SECURITIES FOR SUBDIVISION AGREEMENT
$425,753.90 $207,977.00 $217,776.90
$55,348.01 $27,037.01 $28,311.00
$481,101.91 $235,014.01 $246,087.90
$235,014.01
$49,217.58
$284,231.59
NOTE:
The Developer must also make required payments as outlined in Sections 4.1.6 and 6.3.
43
T
I.i.l
J
W
2
U
N
TOWNSHIP OF ORO- MEDONTE ISABELLA ESTATES SUBDIVISION
LETTER OF CREDIT SUMMARY
.v ..... r . ;... .. E . . . ....... °L, ...... :..... r'.... r ...
WAR,
....` ;° :.40..:r4'�g ..C....
f `r•:i`Dl I"11`�...'
..:. yt ........::., : F ,..', a'ul'�1 . . , ....ri . . ', ...:'''w'fi.!.
$6,000.00
REMOVA&V
Asphalt in Cukdc-soc
410
um"
$3.00
$1,230.00
0
0
0
$1 jBOM
$0.00
0%
Road GrAoulam in CM-dc-sac
540
M
$4.00
$2,160M
0
3000
0
$6.00
0
$2,160 0
$0,00
0%
Existing 'Drive M Culverts and 1cadxwaiis
2
ca
$l,0D0.0D
$21,000-00
0
$2.00
;0
1
0
2,000.00
S0,010
0%
00/.
Remove Existin Rip. Ra
40
m2
$15.00
$600.00
0
0
0
$600.00
$0.00
SITE WORK
106-150mmRipRap
60
m2
$50.00
$3,000.00
0
0
0
I
$0.00
Tt-rip W Stock ilc'1'o :soil (ROW)
222Q
no
$2.50
$5550,00
0
2220
2220
$0.00
$3' 600.00
$5,550.00
100%
Silt fence 11e4 Dutyl
500
In
$20.00
$10,000.00
0
500
500
$0.00
$i0
„000,00
100%
Rock Cheek Ilam.
4
ea
$3OO.OD ',
$1 200.00
0
1
l
900.00
0%
$300.00
25%
Straw Bala Check 1)ani
4
eu
SI50.00
$600.00
0
0Y
0
$600;00
Woo
0
ROAD WORKS
Excavation
2933
W
S100
$8 799.00
0,
2933
2933
MOO
i 8 799.00'
100%
Granular "B' 400 Iran'
4300
and
$9.00
$38700.00
0
4300
4300
$0.00
$38,70Q.00
100%
uan ar "A" 150 ma8
4100
$7.50
$30750.00
0
41'00
4100
$0.00
3'O ISO.OQ
0
'Base Course Asphalt 111,-4
2500
nn2 1
$8.00
$20,0010,00
0
25'00
2500
$O.OQ
$'20 000.00
100%
Surface Coarse Asphalt 11L -5 _
2500
1
.00
$22,5100,00
O
!0
0
$22,500.00
$0.00
0%
Grade "1"o soil & Seed Boulevard
3400
n"
$150
$8,5100,00
10
0
0
$8,500M
$00
0%
ft lace Wsft I)Hvcwa Culvert d w Headawalll
2
ca.
$2 „000,00
$4 O00,00'
0
0'
0
$4 000.00'
$0.048 '
02a
SUB- TOTAL - (Section "rA" 11
$155,989.00 ' :1
$410890.00:
$1141099.00
SECTIONoBn
WMPOND - ADDITION TO EWSTING IIOMIRE POND
Clearing and Grubbing
0.30
ha
$20000.00
$6,000.00
0
0
0
$6,Q00.00
$0.00
0•/0
Strip Topsoil and Stockpile
900
m9
$250
$2,250.00
0
0
0
$2,250.00
$0.00
0%
Earth Excavating and Grading
3000
m3
$6.00
$18,000.00
0
0
0
$18,000.00
$0.00
0%
1.0 m Thick Silty Clay Till native Pond Liner
1250
m3
$2.00
500.00
0
0
0
$2,500.00
$0.00
00/.
Remove Existin Rip. Ra
40
m2
$15.00
$600.00
0
0
0
$600.00
$0.00
0%
106-150mmRipRap
60
m2
$50.00
$3,000.00
0
0
0
$3,000.00
$0.00
0%
4.0 m -wide Maintenance Access Road
300
m?
$12.00
1 $3,600.00
0
0
0
$3' 600.00
0•r6
Topsoil and Seed
1600
m2
$6.00
$9,600.00
0
0
0
$9,600.00
im
0°10
Planting '.Material' (trees and shrubs
i
L.S.
$14250.00
$14,250.00
0
0
0
$14250.00
0%
SUB- TOTAL - Section "B„ I
559,800.00
$59,800.00
f0.00
3/21/2013
TOWNSHIP OF ORO- MEDONTE ISABELLA ESTATES SUBDIVISION
LETTER OF CREDIT SUMMARY
": z e Y
Y.. ..... z. 1, :..... t. G.E:,. . ..C.
......tir is
���� p�gyz
H ..''.f t r,.. t:.,
rye Y E t
t. ., ... »'..�.t '.`.. ...•s• »:
C
.•. <.. :,.: Ec
... •, •
.. . °.. .1�`e .. . °.: ..
.t; li r '
y� yy M
,.:.9d+'tr . {yIY� ' . . ?s'M,MxA'i.Eil� ...... ;�mt•:4i+uf .0
A'i.fJG+mKAW rr'4FJ'`.M
150 mm Ilia. PVC Waterruain ind. Hwy 12 Ctromi 486
m
$53,460.00
p
4'28
428
S6,390.00
$'47 080.010
88%
ffi 12llirectionDrillin 44
m
$13'200.00
0
0
0
$13.200.00
$0.00
0%
150 aink Ilia. Gate Valve 3
ea
$3 000.00:
M$4�OOO.00
0
1
l
$2 000.00
1 00000 '':
33%
H rap Valve and lead ct%v'Entrance 3
en
$12 000,00
0
3
3
$0.00
$'12 000
00
100%
H rap Valve and Lead i
ea
$3,000°00
0
0
0
$3 000.00
$0.00
0
$7,240.00
19 mm bia. Servioes 22'
ea
$17 600.00
0
22
22
$0.00
$17,60D.00
100' a
25 mmDia.ServiecstoLe apn I
_ce
$1,200.00 $1200.00
10
1
1 i
'$0.00
$1200.00
100%
50 mm Ills. Services for fla 12 services I
ea
$500100:: $5010.00
0
0
0
$500.00
$0.00 '
0%
Connection to Ex. Merrin ton Ave. Cul -de -sac 1
ea
000051 $2,000A0 '
0
1
1
$0.00
$'2 000.00 I
100%
Tessin of Water°nmia 1
L.S.
S3,000,00 $3 000.00
0
1
1
$0.00
13.000.00
1. 100%
S11B- TOTAL- Section "C"'
$108,960.00
$25,080,00
$83,880.00
SECTION "1)"
MISCELLANEOUS
Trce Planting Lot as per S.A. Section 7!43
44
ea
$250.00
$1100000
0
0
0
$11 000:00
$0.00
00/0
2.13 m high Fence along rear ofLots 12 & 13
104
m
$90.00
59,360.00
0
0
0
$9,360.00
$0.00
0%
Clearing and Grubbing for Asphalt Walkway
$1,500.00
L.S.
$3,000.00
$3,000.00
0
0
0
$3,000.00
$0.00
0%
2.8 in Wide Aspbalt Walkway c/w GranularA
590
d
$20.00
$11,800.00
0
0
0
$11,800-00
$0.00
00/0
1.2m Higb °Black Vinyl Chainlink Pence for WaHmay
362
m
$20.00
$7,240:00
0
0
0
$7,240.00
$0.00
0•/0
Wawa - Awess'Oates
2
ea
$1,000.00
000.00
0
0
0
000.00
$0.00
0%
900I1ia CSP - Wallwa at Warminster Sideroad
6
m
$150.00
$900.00
0
-0
0
$900:00
$0.00
0%
SUB- TOTAL - Section , "E"
10% ALLOWANCE FOR ENGINEERING
$38,70490
$18,907.00
1 $45,300.00
1 1
1
$425,75390
$45,300.00
$0.00
SECTION "Etc
ELECTRICAL
Street Lights
5 '
ea
$2;500.00
$1Z500-00
1 0
1 0
1 0
1 $12,500.00
1 $0.00
09/0
Transformer Enttaice:Platform dw culvert
3
ea
$1,500.00
$4,500.00
0
0
0
$4,500.00
$0.00
0%
SUB- TOTAL - Section "E"
$17,000.00:
$17,000.00
$0.00
SUMMARY
SEC'T'ION "A"
$155,989.00
$41,890.00
$114,099.00
SECTION "B"'
$59,800.00
$59,800.00
$0.00
SECTION "C"
$108,960.00 -
$25,080.00
$63,880.00
SECTION "D"
$45,300.00
$45;300.00
$0.00
SECTION "E"
$17,000.00
$17,000.00
$11.00
SUBTOTAL
$387,049.00
$189,070.00
$197,979.00
10% ALLOWANCE FOR ENGINEERING
$38,70490
$18,907.00
$19,79730
SUBTOTAL
$425,75390
$207,977.00
$217,776.90
13 % H.S.T.
$55,348.01
527,03701
$28,311.00
TOTAL
5481,101.91
$235,014.01
$246,087.90
3/21/2013
E7
SCHEDULE "E"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO- MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC. AND SOUTH SHORE CADEN ESTATES
INC.
LIST OF LOTS REQUIRING SPECIAL ATTENTION
Refer to Section 8.3 which outlines specific requirements for all lots on the Plan in order to
obtain Building permits for each and every lot.
The Developer shall install a 1.8m high board fence along the rear of Lots 12 and 13,
which abuts Highway No. 12, as per engineering drawings GS -1, LG -1 and PP -1 and
as deemed appropriate by the Municipality.
46
SCHEDULE "F"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO- MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC. AND SOUTH SHORE CADEN ESTATES
INC.
DEVELOPMENT CHARGES
The Developer acknowledges and agrees that the following development charges are
payable on a per -lot basis prior to the issuance of a Building Permit for each lot, unless
alternative arrangements with the body enacting the By -Law relating to development charges
or education development charges, which arrangements have been brought to the attention
of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian
funds to the Chief Building Official of the Township:
(i) Development charges in accordance with 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) Educational development charges in accordance with 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 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 advised that specific rates applicable to each lot in the Plan of Subdivision
can be obtained by contacting, for the Township of Oro - Medonte, the Treasurer; for the
Simcoe- Muskoka Catholic District School Board, the Associate Director of Education; for the
Simcoe County District School Board, the Superintendent of Facility Services; and in the case
of the County of Simcoe, the County Clerk.
Also, please be advised that the above - referenced By -Laws enacted pursuant to the
Development Charges 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 legislation.
(iv) Development Charges in accordance with the County of Simcoe's By -law at the rate
applicable, upon the issuance of the first building permit for each lot upon which charges are
payable.
47
SCHEDULE "G"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO- MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC. AND SOUTH SHORE CADEN ESTATES
INC.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the appropriate
Lot or Block Number inserted in the description of the document, and the registered Plan
Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is
registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of TWO DOLLARS ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Developer.
All documents to be registered shall be prior approved by the solicitor for the Township.
The following land and easements shall be conveyed:
• Block 23 to be deeded to the Ministry of Transportation as a 0.3 metre reserve.
• Block 25 to be deeded to the Township of Oro - Medonte as a 3.0 metre walkway.
• 4.0 metre and 6.0 metre wide Easement to be dedicated to the Township of Oro -
Medonte, for watermain works construction and maintenance purposes.
Refer to Part 1 of Plan 51 R-
• 4.0 metre wide Easement to be dedicated to the Township of Oro - Medonte, for 25mm
water service to existing Legion property.
Refer to Parts 2 and 9 of Plan 51 R-
• 1.5 metre deep by 1.5 metre wide easement over part of Lots 14, 15 17 and 18, Plan
51 M- ; to be dedicated to Hydro One Networks Inc., for hydro works
installation and maintenance purposes.
Refer to Parts 3, 4, 5, and 6 of Plan 51 R-
• 1.5 metre deep by 3.0 metre wide easement over part of Lots 21 and 22, Plan 51 M-
; to be dedicated to Hydro One Networks Inc., for hydro works
installation and maintenance purposes.
Refer to Parts 7 and 8 of Plan 51 R-
• 4.0 metre and 6.0 metre wide easement to be dedicated to Bell Canada for access
and maintenance purposes.
Refer to Part 1 of Plan 51 R-
• 4.0 metre and 6.0 metre wide easement to be dedicated to Rogers Cable for access
and maintenance purposes.
Refer to Part 1 of Plan 51 R-
48
SCHEDULE "H"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO- MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC. AND SOUTH SHORE CADEN ESTATES
INC.
PARKLAND
Parkland
Cash in lieu in the amount of $6,000.00 or alternative land dedication to Township of Oro -
Medonte
49
SCHEDULE "I"
TOWNSHIP OF ORO- MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION
DEVELOPE
CONSULTING ENGINEER
As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE AND SOUTH SHORE ISABELLA ESTATES INC. AND SOUTH SHORE CADEN
ESTATES INC.
The Developer(s) dated
The Developer hereby agrees and undertakes to complete the construction of the
Works as required by the above - mentioned Agreement in accordance with the time
schedule for the completion of services as approved by the Township Engineer and
more specifically in accordance with the following schedule and conditions:
a) Before any building erected on the lots or blocks in the Plan are occupied all the
Requirements for Occupancy, as set out in Clause 8.5, shall be complied with.
b) Granular "B" and Granular "A" on or before
c) Asphalt walkway & Black Vinyl Chainlink fencing on or before
d) Boulevard sodding on all roads on or befo
e) Hot asphalt on or before
f) Planting of trees on or before
g) Stormwater Management Pond expansion on or before
h) Pond planting and Landscaping on or before
2. The Developer further agrees that the Township is hereby authorized to carry out, at
his expense, any of the work set out in this Declaration not finished on or before the
completion dates, to be commenced not sooner than one week following such
completion date, it being understood and agreed that the Township's authorization is
limited only to that work required under the Declaration;
3. The Developer undertakes to properly maintain the gravel road base at all times and to
keep all roads in a mud -free and dust -free condition until such times as the roads,
including boulevards, have been completed;
4. The Developer further agrees and the Township is hereby authorized to undertake any
of the maintenance work as set out under Item 3 hereof, not completed by him within
50
24 hours after receipt of such request for maintenance, at his expense, and without
limiting the generality of the foregoing, the Township's cost shall be the cost of
materials, equipment rental, labour, payroll burden, plus 20% for overhead;
5. It is understood and agreed that should the Developer fail to construct the remaining
services to carry out the requirements of Item 3 as stipulated, and by such dates and
within such time limits as provided by this undertaking, the Developer, notwithstanding
the costs noted in Section 4, shall pay to the Township, as predetermined liquidated
damages, the sum of FIFTY DOLLARS ($50.00) for each and every calendar day the
said services are behind schedule of construction provided such delay is not caused
by strikes or acts of God or additional work being required by the Township.
Seal or W' ess
SOUTH SHORE ISABELLA ESTATES INC.
51
SOUTH SHORE CADEN ESTATES INC.
Date
SCHEDULE "J"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO- MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC. AND SOUTH SHORE CADEN ESTATES
INC.
GENERAL LOCATION AND LOT GRADING PLANS
PROCEDURE
After the General Location and Lot Grading Plan have been approved by the Township,
then:
a) six copies to be delivered to the solicitor for the Township.
b) six copies to be delivered to the Township.
c) Mylars for each Plan incorporated into the Subdivision Agreement shall be delivered to
the solicitor for the Township.
52
SCHEDULE "K"
SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
DATE OF ISSUE:
NAME OF BANK:
ADDRESS OF BANK:
LETTER OF CREDIT NO.: AMOUNT:
Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs
and Practices for Documentary Credits (1993 Revision), being ICC Publication No. UCP 500.
TO: THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
P.O. Box 100, Oro Ontario, LOL 2X0
We hereby authorize you to draw on the Bank of ,
Ontario, , for the account of
up to an aggregate amount of ($$$$$$$$)
which is available on demand.
Pursuant to the request of our said customer, we, the Bank of
, Ontario, hereby establish and give to
you an Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by
you at any time and from time to time, upon written demand for payment made upon us by you which
demand we shall honour without enquiring whether you have the right as between yourself and our
said customer to make such demand and without recognizing any claim of our said customer or
objection by them to payment by us.
Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the
Township of Oro - Medonte. The original Letter of Credit must be presented to us at: Bank of
Ontario, . The Letter of Credit, we understand,
relates to a Subdivision Agreement between our said customer and the Corporation of the Township
of Oro - Medonte, with Mortgage Company, as a third party, regarding subdivision of
(property description)
The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing,
given to us by an authorized signing officer of the Corporation of the Township of Oro - Medonte.
Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit
will be duly honoured upon demand.
This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition
hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically
extended without amendment from year to year, from the present or any future expiration date hereof,
unless at least thirty (30) days prior to the present, or any future expiration date, we notify you in
writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any
additional period.
Dated at , Ontario, this day of 20
Authorized Signature Authorized Signature
Bank of
53