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1994-138 To authorize the Execution of a Subdivision Agreement (Scott Silo Construction Ltd) - Sprucewood Estates r I -f I I I ! i Ii i i i .. , THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 94 - 138 Being a By-law to Authorize the Execution of a SUbdivision Agreement (Scott silo construction Ltd) - Sprucewood Estates. WHEREAS draft approval for a registered plan of Subdivision on North Part Lot 11, Concession 10, Township of Oro-Medonte (formerly oro), in the county of Simcoe, known as sprucewood Estates, has been obtained from the Ministry of Municipal Affairs and Housing. AND WHEREAS pursuant to section 51 of the Planning Act, R.S.O. 1990, chap. P. 13, it is deemed desirable for the Township to enter into a Subdivision Agreement registered against the title of the said lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Deputy Clerk are hereby authorized to execute on behalf of the Corporation of the Township of Oro-Medonte a Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule "A". 2. That the Township shall be entitled to enforce the provisions of the Subdivision Agreement against the owners and any and all subsequent owners of the land. BY-LAW READ A FIRST AND SECOND TIME, THIS 5TH ~BER , 1994 DAY OF BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 5TH ~BER , 1994. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (~]1/ ~~r May~ Robert E. Drury ~~~~ #dL Deputy c1erk, Lynda Aiken . . . , , SUBDIVISION AGREEMENT - between - SCOTT SILO CONSTRUCTION LIMITED - and - THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE DESCRIPTION OF LANDS TOWNSHIP OF ORO-MEDONTE (formerly Township of Oro) COUNTY OF SIMCOE July, 1994 1/12-89215-50 I I TOWNSHIP OF ORO-MEDONTE SUBDIVISION AGREEMENT TABLE OF CONTENTS . 1. Order of Procedure 2. Attached Schedules 3. Township's Legal, Planning & Engineering Costs 4. Developer's Consulting Engineer 5. Works to be Installed 6. Approval of Plans 7. Notification-Commencement/ Completion 8. Declaration of Progress and completion 9. Construction of Work 10. Inspection of Construction 11. Voiding Agreement 12. Developer's Expense 13. Securities 14. Staging 15. Discharge of Securities 16. Scheduling of Works 17. Progress of Works 18. Contractor 19. Inspection and Acceptance of Works 20. Prior Inspection and Acceptance 21. statutory Declaration of Accounts Paid 22. Maintenance of Works 23. Final Acceptance of Works (Underground) 24. Use of Works by Township 25. winter Road Maintenance 26. Emergency Repairs 27. Developer's Liability 28. Insurance 29. Utility and Costs and Charges 30. Blasting 31. Access Road 32. Damage to Existing Plant 33. Dust Control 34. Drainage and Lot Grading 35. Lands for Municipal Purposes 36. Construction Refuse 37. Replacement of Survey Bars 38. Legal Notice to Developer 39. Registration 40. Mortgagee Being Owner 41. Assignment or Transfer of Mortgage 42. Requirements for Building Permits 43. Requirements for Occupancy 44. Movement of Fill 45. Occupancy Liquidated Damages 46. Easements 47. Lots Unsuitable For Building or Requiring Special Attention 48. Release of Lands 49. Development Charges Act Levies and Drainage & Local Improvement Charges 50. Drainage-Responsibility of Owner 51. Fencing of Public Walkways 52. Preservation and Planting of Trees 53. Pledge of Title to Lands 54. ontario Hydro and Bell Canada 55. Erosion and Silting Control 56. Signs 57. Simcoe country District Health unit Approval 58. Ministry of Natural Resources and Nottawasaga Valley Conservation Authority Approval 59. Ministry of the Environment and Energy Approval 60. Perimeter Fencing 61. Emergency Municipal Address Numbering 62. Simcoe county Board of Education warning 63. warning to Prospective Lot Owners 64. Default provisions SCHEDULES Schedule IIAII - Description of Lands Being Subdivided Schedule IIBII - Plan of Subdivision Schedule IIC" - Works to be Constructed Schedule liD" - Itemized Estimate of Cost of Construction of Each Part of the Works Schedule liE" - List of Lots Unsuitable for Building Purposes and/or Requiring Special Attention Schedule "FII - List of Development charges Act Levies, Drainage, and Local Improvement Charges to be Commuted by the Developer Schedule "G" - Lands to be Deeded and list of Easements to be Granted to the Township Schedule "H" - Parkland Schedule "I" - Declaration of Progress and Completion . TOWNSHIP OF ORO-MEDONTE SUBDIVISION AGREEMENT THIS AGREEMENT made in quadruplicate this the 1994. day of BETWEEN: . Scott silo Construction Limited hereinafter called the "Developer" OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE hereinafter call the Township OF THE SECOND PART WHEREAS the Developer is the owner of the land described in Schedule "A" to this Agreement and proposed to subdivide it for purposes of selling, conveying, or leasing into lots, by reference to a registered plan of subdivision; AND WHEREAS the Developer warrants that it is the registered owner of the lands and has applied to the Ministry of Municipal Affairs hereinafter called the Minister, for approval of a plan of subdivision, hereinafter call the Plan, which is annexed hereto as Schedule "B" to the Agreement; AND WHEREAS the Township has been authorized by the Minister to require the Developer to agree to construct and install certain watermains and water services, roadways, structures, drainage works, landscaping, conservation works and any other requirements as hereinafter provided and herein referred to as the "Works" set out in SChedule "c" and to make financial arrangements with the Township for the installation or construction of required services before final approval of the Plan by the Minister; AND WHEREAS the Developer is required to dedicate for public purposes certain portions of the lands or to make a cash payment to the Township in lieu of dedicating such land; AND WHEREAS the word "Developer" where used in the Agreement includes an individual, an Association, a Partnership, or a Corporation and wherever the singular is used herein it shall be construed as including the plural; AND WHEREAS the Developer has complied with the Township's Order of Procedure policy the matters to be dealt with prior to the signing of the Subdivision Agreement and has: a) Deposited with the Township an amount to be determined by the Township to cover the initial cost of the Township. b) Submitted a general plan outlining the services to be installed. . c) Submitted proof of either the Simcoe county District Health unit approval to dispose of the sewage effluent by tile drainage or the Ministry of the Environment and Energy approval to dispose of the sewage effluent by other means. , , d) Deposited with the Township securities and insurance as outlined in the Agreement. e) Paid in full outstanding taxes and drainage and local improvement charges. f) Mutually agreed with the Township on the parcel of land to be deeded to the Township for Parkland or the amount of cash to be given to the Township in lieu of Parkland. . g) Deposited with the Township's Solicitors transfers of land and rights of way needed purposes including 0.3 metre reserves. all necessary for municipal NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada, now paid by each of the parties hereto to each of the other parties hereto, (the receipt whereof is hereby acknowledged) the parties hereto hereby covenant, promise and agree with each other as follows: 1. ORDER OF PROCEDURE A. Prior to starting Construction and Prior to the Issuance of Building Permits, the Developer shall: a) Obtain final approval of the Plan from the Ministry of Municipal Affairs and obtain registration of the Plan; b) 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 H) the lot grading plan Hi) the service layout plan for Hydro, Telephone and Gas iv) the road, sewer and watermain plans and profiles. c) Submit to the Township, the Ministry of the Environment and Energy's certificate of Approval for Water supply and Distribution System and Storm Sewer System; d) Erect signs in accordance with Clause 56. B. Prior to the Sale, Mortgaging or other disposition of the Lot and/or the Issuance of Building Permits the Developer shall: a) Deposit with the Township the Development Charges Act levy. b) Deposit with the Township the deed for parkland or the amount of cash in lieu of parkland. . c) Have obtained the Township Engineer's certificate of Substantial Completion and Acceptance (Underground Works) for the complete water supply and distribution system and drainage works. d) Have complied with all the remaining requirements of Clause 42. Install the driveway culverts or deposit with the Township sufficient monies to cover the cost of the supply and installation of the culvert by the Township at a later date. e) < . I C. Prior to any person occupying a building within the SUbdivision, the Developer shall: a) Comply with all the requirements of Clause 43 of the Agreement. 2. ATTACHED SCHEDULES . The following Schedules are attached to and form part of this Subdivision Agreement: 1. Schedule "A" - Description of Lands Affected by this Agreement 2. Schedule "B" - Plan of Subdivision 3. Schedule "c" - Works to be Constructed 4. Schedule "D" - Estimated Costs 5. Schedule "E" - List of Lots Requiring Special Attention 6. Schedule "P" - Charges against Lands 7. Schedule "G" - Land to be Deeded and Easements to be granted to the Township 8. Schedule "H" - Parkland 9. Schedule "I" - Declaration of Progress and completion 3. 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 that 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. The charges for the Township Engineer will be based on payroll costs times a factor of two, plus properly incurred expenses. In the event that the deposit is drawn down to a level of $5,000.00 or less, and the Developer does not pay the accounts within 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. 4. DEVELOPER'S CONSULTING ENGINEERS 1. The Developer shall employ engineers registered and in good standing with the Association of Professional Engineers of ontario: a) to prepare designs; b) to prepare and furnish all required drawings and specifications; . c) to prepare the necessary contract(s) and provide contract administration; d) to obtain the necessary approvals in conjunction with the Township, from the Ministry of the Environment and Energy, the Ministry of Natural Resources, the Simcoe County District Health Unit, the Nottawasaga Valley Conservation Authority and utility companies; e) to act as the Developer's representative in all matters pertaining to the subdivision; f) 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; g) to provide supervision during construction of all the services; . h) to ensure that the work involved in construction of the services is carried out by construction methods conforming to acceptable engineering practice; i) to maintain records of construction which shall be available for inspection or copy by the Township; j) to prepare final "as constructed" mylar drawings; k) 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 overall grading plan or with an approved variation; (Note that a professional engineer could also be retained to provide the aforementioned); I) to prepare and provide the Township, for each lot or block within the plan, a certificate of final grade elevation, indicating that the property has been developed in conformity with the overall grading plan or with an approved variation (Note that a professional engineer could also be retained to provide the aforementioned) ; NOTE: In the case of lots built on at a later date, the Township reserves the right to request a similar certificate as required under (k) and (I), but it may be provided by a Professional Engineer, other than the Developer's Consulting Engineer or an ontario Land Surveyor. If the Township has their Engineer prepare the Certificate, the cost of the work will be added to the cost of the Building Permit. 5. 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-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. 6. 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. , , . 7. NOTIFICATION OF COMMENCEMENT AND COMPLETION The Developer shall not commence the construction of any of the works until the Developer has provided 48 hours written notice to the Township Engineer of his intent to commence work. The Developer shall complete the works expeditiously and continuously, and all underground services shall be installed within one year of the day of registration of this Agreement, and all above-ground services shall be installed in accordance with the Declaration of Progress and Completion as required under Clause 8 of this Agreement, but no longer than two years from the date of registration of this Agreement, unless extended by the Township Engineer. Should for any reason there be a cessation or interruption of construction, the Developer shall provide 48 hours written notice to the Township Engineer before work is resumed. 8. DECLARATION OF PROGRESS AND COMPLETION a) 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 as it sees fit and the Developer agrees to complete the services. b) It is understood and agreed that should the Developer fail to construct the remaining services, as stipulated, and by such dates as provided in the Declaration, the Developer shall pay to the Township as predetermined liquidated damages, the sum of Fifty Dollars ($50.00) for each and every day the said services are behind schedule of construction, and no further building permits shall be issued. NOTE: If underground services are not required to service the Plan, the .Declaration is not required. In such case construction of the required works shall conform to Clauses 7 and 16 with regard to completion times. 9. CONSTRUCTION OF WORKS 10. . 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. 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. 11. VOIDING AGREEMENT 12. . 13. . In the event that the Plan is not registered within one year from the date of signing this Agreement the Township may as its option, declare this Agreement to be null and void. 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. 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 the Township Solicitor with an automatic renewal clause, in the amount of ninety percent (90%) of the estimated costs of the said works as set out in Schedule "0" and as approved by the Township Engineer. The Letter of credit shall be for a minimum guaranteed period of one (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. In addition to the above noted Letter of Credit which is intended to guarantee the completion of the works, the Developer shall provide a further Letter of Credit in the amount of ten percent (10%) of the estimated cost of the said work. This Letter of Credit for ten percent (10%) is intended to guarantee maintenance of the works and shall be issued at the same time as the ninety percent (90%) Letter of Credit and shall be for a guaranteed period of one (1) year or such longer time as the Township decides, and shall be renewed automatically as necessary three (3) month prior to expiration. c) Notwithstanding the provisions of subparagraphs (a) and (b) above, the estimated cost of the Works as set out in Schedule "0" 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. . 15. . 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. 14. STAGING The Township, in its sole discretion, may instruct the Developer to construct the services in particular stages 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 13 for ninety percent (90%) 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 (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 been completed within a two (2) year period after registration of this Agreement. Notwi thstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services unt.il at least fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein. The Developer shall be responsible for the maintenance of the services in this case until the Township has assumed the responsibility of the services. DISCHARGE OF SECURITIES After the completion of fifty percent (50%) of the services in the subdivision or in an approved stage of the subdivision 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 discharges 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 release of 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 original estimate and the remainder released. A further 10 percent (10%) of the original estimate will be released upon satisfactory assurance to the Township that there are no liens against the Plan or the Township. Upon the issuance of the Certificate of Substantial Completion and Acceptance all faithful performance securities will be released except for the ten percent (10%) cash or 10 percent (10%) Letter of Credit retained during the Maintenance Period. , , . 17. 18. . 16. SCHEDULING OF WORKS Prior to the start of construction the Developer shall supply, for the Township Engineer I s approval, 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 7. 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 16. 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. 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. If underground services are not required to service the Plan, the Declaration is not required. In such case construction of the required works shall conform to Clauses 7 and 16 with regard to completion times. CONTRACTOR The said services shall be installed by a contractor or contractors retained by the Developer and approved in writing by the Township Engineer. , , . 20. 19. INSPECTION AND ACCEPTANCE OF WORKS When all of the services have been completed in accordance with this Agreement or in a particular stage, the Township Engineer and Public Works Administrator shall make an inspection and arrange for an inspection by the Ministry of Transportation to ensure that the Ministry will accept the road system for subsidy purposes. 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 this Certificate is issued. PRIOR INSPECTION AND ACCEPTANCE OF UNDERGROUND SERVICES It is intended that the water supply and distribution system, hydro and street lighting and sewer systems will be constructed, inspected and approved prior to the completion of the other Works. Building permits will not be issued until the Township Engineer has given the Certificate of Substantial Completion and Acceptance (Underground Services). The two (2) year maintenance period for the underground services will commence when this Certificate is issued. During the maintenance period, the Developer shall be responsible for the normal operation and maintenance, and all repairs for the system noted in the Certificate. The operation of the water supply and distribution system can be arranged to be carried out by the Township, with all costs paid by the Developer. If, during the two year maintenance period, the Developer fails to carry out rectification and/or 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 C~ause 22. 21. STATUTORY DECLARATION OF ACCOUNTS PAID 22. . The Developer agrees that upon applying for a Discharge of Securities or for a certificate of Substantial Completion and 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. 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 of the certificate of Substantial Completion and Acceptance. This shall be called the Maintenance Period. If during this period the Developer fails to carry out maintenance work within 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 . 23. retained by the Township. Towards the end of the maintenance period the Developer shall make written request to the Township for a final inspection to be made and notwithstanding the two (2) year period noted above, the maintenance period will continue for the original two (2) years or for thirty (30) days after the receipt of the Developer's written request for a final inspection, whichever period of time is the greater. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein. The Developer shall be responsible for the maintenance of the services in this case until the Township has assumed the responsibility of services. FINAL ACCEPTANCE OF WORKS On receipt of the Developer's request for a final inspection 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. It should be noted that the certificate of Maintenance and Final Acceptance (Underground services) can be applied for by the Developer two (2) years after the receipt of the certificate of Substantial Completion and Acceptance (Underground Services). 24. USE OF WORKS BY TOWNSHIP: 25. . The Developer agrees that: a) The works may be used prior to acceptance, by the Township or other authorized persons for the purpose for which such works are designed. b) Such use shall not be deemed an acceptance of the works by the Township, and c) 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. 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 snow plowing which operation will be the Township's responsibility after the issuance of the Certificate of Substantial Completion and Acceptance. It is agreed by the Developer that the snow plowing operation shall not prej udice the Township's rights to enforce the maintenance provisions. Prior to the issuance of the Certificate of Substantial Completion and Acceptance, however, the Developer shall be responsible for the snow plowing also. In the event that proper vehicular access or snow removal is not provided by the Developer, the Township through its servants, contractors, or agents may provide access and remove snow without notice to the Developer. Such removal of snow shall be only carried out at times deemed to be an emergency by the Public Works Administrator. 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 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 anyway 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 access by removing snow 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. 26~ 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. . 27. 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 owner. 28. INSURANCE The Developer shall insure against all damages or claims for damage in an Insurance Company satisfactory to the Township Clerk. Such policy or policies shall be issued in the joint names of the Developer and the Township and the form and content shall be subject to the approval of the Township. The policy shall remain in the custody of the Township until the certificate of Maintenance and Final Acceptance is issued. The minimum limits of such policies shall be $2,000,000.00 all inclusive but the Township shall have the right to set higher amounts. The premium for this policy shall be paid by the Developer and the policy shall be in effect for the period of this Agreement including the period of guaranteed maintenance. The policy shall include an automatic renewal clause with notice to the Township if the policy is not being renewed or being cancelled. The issuance of such policy of insurance shall be without prejudice to the Township and shall not relieve the Developer of responsibility and liability for any claim made against the Township as a result of this Agreement. 29. UTILITY COSTS AND CHARGES The Developer shall deal directly with the Hydro Commission and all other utility commissions and companies. He or his consulting Engineer, shall obtain all approvals and permits and pay all fees and charges directly to the utility until the Certificate of Maintenance and Final Acceptance is issued. 30. BLASTING Before any blasting is proceeded with by the Developer, the Developer shall obtain from the Township Engineer or Public Works Administrator 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. 31. ACCESS ROADS . All access roads must be maintained by the Developer in good repair acceptable to the Township Engineer and Public Works Administrator during the time of construction, including dust control and the removal of any mud or debris tracked from the subdivisionr and no roadway outside the limits of the proposed subdivision may be closed without the written consent of the Public Works Administrator. For the purpose of getting such consentr the Developer shall advise the Township Public Works Administrator 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. " 32. . 33. 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 Administrator and Township Engineer for the purpose of compiling an inventory of existing conditions prior to work on the subdivision. otherwise the Township Public Works Administrator's assessment of conditions prior to construction will be final. DUST CONTROL Prior to the acceptance of the roads, the Developer shall apply calcium to the roads in quantities sufficient to prevent any dust problem to traffic or home occupants. 34. DRAINAGE AND LOT GRADING 35. . All lots and blocks within the Plan and all lands abutting the Plan shall be graded to drain in accordance with the overall grading plan to be prepared by the Developer's Engineer for approval by the Township Engineer and the Simcoe County District Health unit. Some fill and regrading of lots may be necessary during or after building construction. The grading Plan shall show all existing and final grades on lot 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 owners once the required drainage works have been constructed by the Develop- er. The Developer agrees to deliver a copy of this Clause to each and every prospective purchaser and/or. builder obtaining a building permit for any lot or part of a lot on the said plan of subdivision. The Developer's Engineer shall prepare a drainage plan for the site for the approval of the Township Engineer and the Simcoe County District Health unit. Generally, the drainage facilities will consist of open ditches within the subdivision or storm sewers in certain locations to provide a satisfactory drainage outlet. The plan will show how water will be controlled on and off the site and will include swales and/or easements where necessary. LANDS FOR MUNICIPAL PURPOSES The Developer agrees to grant in fee simple unto the Township, lands for municipal purposes other than roads, which shall be mutually agreed upon by the Developer and the Township or to make a cash payment in lieu thereof as provided by the Planning Act and also convey to the Township in fee simple, the 0.3 metre reserves required by the Ministry of Municipal Affairs. The deeds for the said lands are to be approved by the Township's Solicitor and thereafter, forthwith registered and deposited with the Clerk of the Township. The cost for preparation and registration of the said deeds shall be paid by the Developer. " 36. CONSTRUCTION REFUSE . All construction refuse, garbage and debris from the subdivision must be disposed of in an orderly and sanitary fashion in a dumping area provided by the Developer off the site of the subdivision. The Township is not responsible for the removal or disposal of refuse, garbage and debris. 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. 37. REPLACEMENT OF SURVEY BARS Prior to the 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 the survey monuments and standard iron bars shown on the registered plan. 38. 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: R. R. #1 Hawkestone Ontario. LOL ITO The Developer shall be responsible for notifying the Township Clerk in writing of any change(s) in his principle place of business. 39. 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. 40. MORTGAGEE BECOMING OWNER The mortgagee(s) hereby agrees that in the event of him/they becoming the owner (s) of the lands under his/their mortgage by way of foreclosure, purchase or otherwise, either beneficially or in trust, then the mortgagees) 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. 41. 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 transferrer has executed this Agreement. . 42. REOUIREMENTS FOR BUILDING PERMITS The approval of the plan by the Township or the acceptance by the Township of the works shall not be deemed to give any assurance that the municipal building 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 Township may refuse any application until: a) All simcoe county District Health unit and Ministry of the Environment and Energy approvals have been obtained and submitted to the Township. simcoe County District Health unit requirements are set out in Clauses 34 and 57. b) The complete water supply and distribution system has been tested and chlorinated and the Township Engineer has given his certificate of Substantial completion and Acceptance (Underground Services) including drainage works. c) The sewer systems have been installed, tested and approved by the Township Engineer and he has given his Certificate of Substantial Completion and Acceptance (Underground Services). d) Plans for remaining underground services such as Bell Telephone, Hydro or Consumer's Gas have been approved. e) A "Builders" road consisting of the grading, curb and gutter or ditch shaping and full depth of Granular "B" sub-base has been constructed. f) 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. g) Signs denoting "Unassumed Roads" have been installed at the entrances to the subdivision in a location acceptable to the Township in accordance with Clause 56. h) 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 Bu~lding Permit has been applied for, is in conformity with the overall grading plan or has received the approval of the Township Engineer with respect to any variance to the grading plan. The individual Lot Development Plan must be approved by the TOWNSHIP ENGINEER prior to issuance of a Building Permit. i) All dead trees within the limit of the plan have been removed. j) Arrangements have been made and approved by the Township for emergency municipal address numbering as set out in Clause 61. k) A letter of credit payable to the Municipality in the amount of $2,000.00 per lot is submitted to the Township as a deposit to guarantee the completion of final grading, culverting, sodding of lot and boulevard and driveway approaches, and adjusting curbstop to finished grade, pursuant to the Agreement, and which deposit shall be returned after the said work is inspected and approved by the Building Inspector or by the Township Engineer. If in the opinion of the Building Inspector and/or the Township Engineer, the work has not been completed with due diligence, then the Municipality shall have the right, if it so elects, to hold the said deposit and use such monies to enter upon the subject lands and complete such work to the Agreement standards, and the owner of such lots hereby released and forever discharged the Municipality from and against all claims, demands, actions or causes of actions whatsoever, arising as a result to the MunicipalitYr or its' servants or agents, entering upon the lands for the purpose of completing such work. A) . B) (I) Perimeter fencing has been satisfactorily erected in accordance with Clause 60. Walkway fencing has been satisfactorily erected in accordance with Clause 51. 43. REQUIREMENTS FOR OCCUPANCY 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. A FINAL CERTIFICATE OF OCCUPANCY will not be issued until: a) The roadway has received the granular roadbase materials full depth and the base course of asphalt provided asphalt is commercially available. b) The underground hydro, telephone lines, gas mains and street lights have been installed and approved by the Township Engineer. c) The traffic and street signs have been installed and approved by the Township Engineer. d) 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 constructed and the final grading of the lot or block is in conformity with the overall grading plan or such variance therefrom has been approved by the Township Engineer. The final grading on the individual Lot Development Plan must be approved by the 'l'ownship Engineer prior to issuance of a FINAL CERTIFICATE OF OCCUPANCY. e) Driveway culvert and end protection have been provided to the satisfaction of the Township. It is agreed that a copy of Clauses 42 and 43 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. 44. MOVEMENT OF FILL 45. . 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 lands, other than roads, without the written consent of the Township Engineer. OCCUPANCY LIOUIDATED DAMAGES Notwithstanding the above, if for any reason whatsoever, occupancy of any building occurs before the vital services listed in Clause 43 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 $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. 46. . 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 Township as set out in Schedule "G". Prior to executing this agreement all known easements shall be filed wi th 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. 47. 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. 48. RELEASE OF LAND The Developer, when not in default of the subdivision agreement to provide the requisite public services to the lands, shall be entitled to an effective release in a form suitable for registration in the County Registry Office for each lot or block which is in conformity with the overall grading plan for the lands or such variance therefrom as has been approved by the Township Engineer. Every such release shall operate as a discharge of all levies hereunder by the Township in respect to each lot or block described in the release with the exception of the responsibility for drainage as outlined in Clause 50 and the completion and maintenance of the services. 49. DEVELOPMENT CHARGES ACT LEVIES AND DRAINAGE AND LOCAL IMPROVEMENT CHARGES . a) The Developer, as a capital contribution towards other Township services, will pay to the Township in addition to all other monies required to be paid by the Developer under this Agreement the Development Charges Act Levy in an amount required by the Township's Development Charges By-Law on the date the payment is received by the Township at the Municipal Office. The Development Charges Act Levy in place at the time of the execution of this Agreement is $5,225.00 per dwelling unit. For each lot that is sold or prior to issuance of a building permit, the Development Charges Act Levy is to be paid on a per lot basis, until the levies have been paid for all lots. At least 6 Development Charges Act Levies are to be paid by June 30, 1995; with another 6 Development Charges Act Levies being paid by June 30, 1997. The balance of the 18 Development Charges Act Levies must be paid by June 30, 1999. Any building permits to be issued in excess of the number of Development Charges Act Levies due at that time, are to be paid on an individual basis. The fee to be paid is the place on the date the municipal office. Development charges Act Fee in payment is received at the b) The Developer agrees to pay for all arrears of taxes or other municipal 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. Before the plan is approved the Developer agrees to commute and pay the Township's share of any charges made under the Drainage Act 1975 and Local Improvements at present serving this property and assessed against it. . c) These charges are set out in Schedule "F" of this Agreement. 50. DRAINAGE - RESPONSIBILITY OF OWNER It is understood and agreed by the parties hereto that the drainage of surface waters on the lots and blocks in the Plan, after the release provided for in Clause 48 hereof has been issued by the Township, is the sole responsibility of the owner and subsequent purchasers, and he is to provide and maintain adequate drainage of such surface waters. The Developer agrees to provide a copy of this clause to each and every prospective builder/prospective purchaser. 51. FENCING OF PUBLIC WALKWAYS The Developer agrees to construct and fence with standard 1.2 metre feet high chain link fence or an aesthetically appealing fence of a design approved by the Township Engineer, all public walkways on the plan prior to the sale of abutting residential lots. The fencing shall be placed on both sides of the walkway. In Estate lot subdivisions the fencing requirements may be waived in favour of a post marker system around the perimeterr upon approval of the Township. 52. PRESERVATION AND PLANTING OF TREES The Developer must preserve all healthy trees within the limits of the subdivision where possible. If, in the opinion of the Township Engineer, indiscriminate removal of trees takes place within the limits of the Plan of Subdivision including road allowances, parkland, and individual lots, the Township shall have the option of having a stop work order on construction of the services and/or building on a particular lot where the removal is taking place. Work will not be allowed to proceed until the Township is satisfied that the practice will not continue and the Developer/Builder agrees to carry out remedial work requested by the Township. The Developer agrees to provide a copy of this clause to each and every prospective builder/ prospective purchaser. . The Developer shall plant one 2.4 metre or taller hardwood tree of a minimum of 50mm calliper on each lot having less than three trees in the front yard (s) if required by the Township. The type of tree(s) must be satisfactory to the Township. In addition the Developer shall plant trees with the above specifications, at 15 metre intervals around the perimeter of the park, in areas where there is not a sufficient growth of trees. " 53. . 54. PLEDGE OF TITLE TO LANDS The Developer hereby charges and pledges as security for such levy payments and service charges all his right, title and interest in those parts of the lands shown as numbered and/or lettered lots and/or blocks on the plan and agrees that this Agreement may be registered against the lands and it is agreed that such payments and costs shall be a lien against the lands. Upon payment of the Development Charges Act levy attributable to any specific lot, the lien and charge hereby created shall be deemed to have been discharged. ONTARIO HYDRO AND BELL CANADA Prior to the Township releasing this proposed Plan for registration the Developer shall provide the Township with a letter from ontario Hydro and from Bell Canada stating that the Developer has entered into a satisfactory agreement 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 ontario Hydro and/or Bell Canada which are necessary to accommodate this subdivision shall be borne by the Developer. 55. EROSION AND SILTING CONTROL The ~eveloper must take all necessary precautions to prevent erOSlon and sedimentation of sewers, ditches, culverts, slopes, etc. both within the Development and downstream prior to and during construction and upon completion of servicing of the Subdivision. Failing adequate precautions being taken the Developer shall be responsible for correcting any damage and paying all maintenance costs resulting therefrom. The drainage report under Clause 34 will describe the means by which this requirement will be met. 56. SIGNS 57. . Signs at least 1.2 meters by 1.8 meters 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 Municipality - Use at Your Own Risk". The signs shall be, painted orange or yellow with black lettering. These slgns shall be installed prior to the commencement of construction and be removed after the issuance of the Certificate of Substantial Completion and Acceptance for the roadways. SIMCOE COUNTY DISTRICT HEALTH UNIT APPROVAL The Developer further agrees that he or any person, persons, or Corporation claiming title through the Developer, will not apply for a building Permit for any part or portion of the said lands or on any lot therein, and no Building Permit shall be issued until Simcoe County District Health Unit Approval has been received for the land in question. The Developer's Engineer shall prepare an overall lot development plan for approval by the Simcoe county District Health unit and the Township Engineer as a further requirement to Clause 34. The plan shall include the following: (a) envelopes for the proposed house and any adjacent structures on each lot; (b) an envelope showing the location, size and elevation of the subsurface sewage system on each lot and all pertinent engineering design criteria; '" (c) Existing and proposed grades of the disturbed area of lot after building, drainage and sewage works have been completed; (d) existing and proposed grades on lot corners and mid lot elevation. . In addition to the overall plan, a detailed site development plan for each lot will be prepared by a Professional Engineer registered with the Association of Professional Engineers of ontario, for approval by the Simcoe County District Health Unit and the Township Engineer prior to the issuance of a Building Permit for each respective lot. site development plans shall conform to the overall lot development plan and 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 and all engineering design criteria and standards pertaining thereto; (c) the location of the well and the 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 elevations of the footings of the buildings further construction to ensure conformity approved plans noted above; check the prior to with the (g) the professional engineer will be required, prior to the issuance of a Use Permit, to certify to the Simcoe county District Health unit in writing that the foregoing works have been carried out in accordance with the approved plans noted above. The Developer agrees to construct the works required under the Clause 34 to the satisfaction of the Township Engineer to ensure the grading requirements set out .in the overall lot development plan. 58. MINISTRY OF NATURAL RESOURCES AND NOTTAWASAGA VALLEY CONSERVATION AUTHORITY APPROVAL A Stormwater Management Plan shall be prepared by the Developer's Engineer for approval by the Ministry of Natural Resources, Nottawasaga Valley Conservation Authority (if applicable) and Township Engineer. The plan shall indicate the means by which stormwater and their effects will be minimized both during and following construction. The Developer agrees to carry out or cause to be carried out the works approved on the plan. . Prior to any grading or construction commencing on the site or final approval and registration of subdivision, the Developer's Engineer shall submit a report for approval by the Ministry of Natural Resources, Nottawasaga Valley Conservation Authority (if applicable), and the Township Engineer. The report shall detail the means whereby erosion and siltation and their effects will be minimized on the site during and after the construction period. The Developer agrees to carry out or cause to be carried out the work approved in the report, and such work will be certified in writing by the Developer's Engineer. The Developer agrees to maintain all erosion and siltation control devices in good repair during contruction. j ,- 59. MINISTRY OF THE ENVIRONMENT AND ENERGY APPROVAL . 60. Prior to final approval, the Ministry of the Environment and Energy shall be in receipt of and have approved a hydrogeologist's report which confirms, based on test drillingr that an adequate supply of potable water is available to service the development. The Developer agrees to comply with the requirements and/or recommendations of the hydrogeologists's report and acknowledges that the work shall be assumed by the Township after approval by the Township Engineer. PERIMETER FENCING The Developer agrees to construct and fence with a standard post and nine (9) strand wire fence, the entire perimeter of the subdivision with the exception of the road frontage, in the case of the subdivision abutting an agricultural use of rural or agricultural zone other than a severance lot for residential purposes. The cost of all such fencing and removal of old fencing is the direct responsibility of the Developer. This requirement is to be completed prior to issuance of any building permits. 61. EMERGENCY MUNICIPAL ADDRESS NUMBERING The Developer shall be responsible for obtaining the emergency municipal address numbers for each and every lot from the Municipal Office. As a further requirement in order to obtain an occupancy permit the Developer and/or builder or lot owner shall install the aforementioned number on the lot 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). 62. SIMCOE COUNTY BOARD OF EDUCATION WARNING The Developer agrees to advise all prospective purchasers that accommodation within the designated pUblic school sites in the community is not guaranteed and that pupils may be accommodated in temporary facilities and/or be directed to facilities outside of the area. This clause is to be placed in any agreement of purchase and sale entered into with respect to any lots on this plan of sUbdivision. The clause should remain in perpetuity as lots may not be sold or built upon for some time. 63. WARNING TO PROSPECTIVE LOT OWNERS 64. . The Developer shall provide copies of Clauses 34, 36, 42, 43, 47, 50, 51, 52, 57, 59, 60, 61, 62, and 63 to each prospective purchaser of a lot(s). DEFAULT PROVISIONS Notwithstanding anything hereinbefore contained in this Agreement, when the Developer is deemed by the Township to be in default of this Agreement, the Township reserves the right to use securities to recover costs incurred by the Township, and/or to restrict building and/or occupancy permits, and/or apply liquidated damages. This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. . . " IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested to by the proper signing officers. ,s'" SIGNED, SEALED AND DELIVERED this A.D. 1994. THE Per Title Per Title day of OF TOWNSHIP OF ORO-MEDONTE IJi/l<y.fi,>I:t Yy& /,e;,~ dL._ "UJtPHry ('" /...c/Zt;;, < DEVELOPER ~"A'~) 4fJC4d- Title ~ tit Per A /V7.~ 1)- Title Per Per Title Per Title MORTGAGEE . . " SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the subdivision Agreement between the Township of Oro-Medonte and Scott silo Construction Limited. DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT ALL AND SINGULAR that certain parcel or tract of premises situate, lying and being in the Township of Oro-Medonte (formerly Township of Oro) in the county of Simcoe and being composed of the whole of the lands described as follows: Parcel 11-1, section 51-0RO-10, being Part of the West Half of Lot llr Concession 10, formerly Township of Oro, now Township of Oro- Medonte, County of Simcoe more particularly described as Part 1 of Plan 51R-23377. . . ,. NOTE: SCHEDULE "B" It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the Township of Oro-Medonte and Scott silo construction Limited PLAN OF SUBDIVISION plan 51M- .' NOTE: . SCHEDULE "c" It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the Township of Oro-Medonte and Scott silo Construction Limited. WORKS TO BE CONSTRUCTED AND PHASING o Works to be Constructed Complete roadway construction including excavation, ditching, granular roadbed materials, curbsr two lifts of asphalt, topsoil and seeded boulevards with erosion control measures as required; storm drainage works including retention pond and outlet ditches; 46,000 litre fire water reservoir and well; street and traffic signs; underground hydro and telephone, and street lighting; parkland All of the above wprks are incorporated on to the following engineering drawings prepared by Oliver, Mangione, McCalla & Associates Limited; Project NO,93-9176; Municipal Affairs No. 43T-90071 Drawing Number 93-9176-SP1 93-9176-1 93-9176-2 93-9176-3 93-9176-4 93-9176-5 93-9176-6 93-9176-DPl 93-9176-RP1 93-9176-GPl 93-9l76-GP2 93-9l76-GP3 93-9176-GP4 93-9176-DSl 93-9176-DS2 93-9176-DS3 93-9l76-DS4 93 -91 7 6-UPl 93-9176-SD1 93-9176-FSI 93-9176-FS2 Description SITE PLAN JERMEY LANE FROM STA.O+OOO TO STA.0+200 JERMEY LANE FROM STA.0+200 TO STA.0+391 GREENSHIELDS CRESC. FROM"STA.O+OOO TO STA.0+200 GREENSHIELDS CRESC. FROM STA.0+200 TO STA.0+409.5 NEVIS RIDGE DRIVE FROM STA.O+OOO TO STA.0+240 NEVIS RIDGE DRIVE FROM STA.0+240 TO STA.0+462.5 DITCH PROFILES RETENTION POND GRADING PLAN GRADING PLAN GRADING PLAN GRADING PLAN DETAIL SHEET DETAIL SHEET DETAIL SHEET DETAIL SHEET COMPOSITE UTILITY PLAN STORM DRAINAGE PLAN FIRE STORAGE RESERVOIR DETAILS FIRE STORAGE RESERVOIR REINFORCING DETAILS . Prior to construction, the above referenced drawings must be stamped as accepted by the Township Engineers, R.G. Robinson and Associates (Barrie) Ltd. These drawings were stamped as accepted on by the Township Engineers. o Phasinq Notwithstanding the provisions as set out elsewhere in this Agreement the following phasing of the development of lots and completion of works to service the lots shall be carried out: PHASE I - 11 lots (lots 1 to 11) PHASE II - 8 lots (lots 12 to 19) PHASE III - II lots (lots 20 to 30) , SCHEDULE "D" It is understood and agreed that this Schedule forms part of the subdivision Agreement between the Township of Oro- Medonte and Scott silo Construction Limited. NOTE: 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: ~ Phase I A) Roadway construction complete including clearing and grubbing, excavationr granular roadbase materials, curb and two lifts of asphalt..........$ B) Storm Drainage works complete including retention pond, ditch erosion protectionr culverts, topsoil, seed and mulch, sod, ditching and siltation control devices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ C) Miscellaneous Items such as street name and re.gulatory signs............................................ .. .. .. .. .. .. .. .. .. .. .. $ D) Electrical Supply including street lights and control panels, and duct crossings................$ Fire Protection works including fire well reservoir and appurtenancesr well, well pump, and power panel and controls................$ E) F) G) H) I) Parkland works......................................................................... $ Fencing perimeter of subdivision................,.$ Lot Grading Deposit (11 lots),....................$ Allowance for Engineering and supervision.........$ PHASE I SUB-TOTAL 7% G.S.T. PHASE I TOTAL ESTIMATED COST $ $ $ PHASE II A) B) C) D) . E) F) G) Roadway construction complete including clearing and grubbing, excavation, granular roadbase materials, curb and two lifts of asphalt..........$ Storm Drainage works complete including ditch erosion protectionr culverts, topsoilr seed and mulchr sod, ditching and siltation control devices. '" .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. $ Miscellaneous Items such as street name and regulatory signs.................................................................. $ Electrical supply including street lights and control panels, and duct crossings................$ Fencing perimeter of subdivision..................$ Lot Grading Deposit (8 lots)......................$ Allowance for Engineering and supervision.........$ PHASE II SUB-TOTAL 7% G.S.T. PHASE II TOTAL ESTIMATED COST $ $ $ 93,450.00 48,300.00 2,875.00 9,930.00 12,100.00 10,000.00 2rOOO.00 22rOOO.00 20,065.00 220,720,00 15.450.00 236,170.00 41,600.00 17,280.00 1,575.00 5,625.00 1,400.00 16,000.00 8,350.00 91,830.00 6.430.00 98,260.00 . . . A) C) E) F) SCHEDULE "0" (Continued) PHASE III B) Roadway construction complete including clearing and grubbingr excavation, granular roadbase materials, curbs and two lifts of asphalt........$ storm Drainage works complete including ditch erosion protection, culverts, topsoil, seed and mulch, sodr ditching and siltation control devices.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $ Miscellaneous Items such as street name and regulatory signs................................"................................ $ D) Electrical Supply including street lights and control panels, and duct crossings,...............$ Lot Grading Deposit (11 lots).....................$ Allowance for Engineering and supervision.........$ PHASE III SUB-TOTAL 7% G.S.T. PHASE III TOTAL ESTIMATED COST $ $ $ SUMMARY OF ESTIMATE OF COST OF CONSTRUCTION PHASE I.............................. PHASE II.............. PHASE III......................... $236,170.00 $ 98,260.00 $138,905.00 58,050.00 29,080.00 72 5.00 8,160.00 22,000.00 11,800.00 129,815.00 9.090.00 138,905.00 . . . NOTE: SCHEDULE "E" It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the Township of Oro- Medonte and Scott Silo Construction Limited. LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES & LIST OF LOTS REOUIRING SPECIAL ATTENTION See clauses 47 and 57 which sets out specific requirements for all lots on the Plan in order to obtain a building permit for each and every lot. , . . , ,. SCHEDULE /IF" NOTE: It is understood and agreed that this Schedule forms part of the SUbdivision Agreement between the Township of Oro- Medonte and LIST OF DEVELOPMENT CHARGES ACT LEVIES. DRAINAGE AND LOCAL IMPROVEMENT CHARGES TO BE COMMUTED BY THE DEVELOPER The Developer, as a capital contribution towards other Township services, will pay to the Township in addition to all other monies required to be paid by the Developer under this Agreement the Development charges Act Levy in an amount required by the Township's Development charges By-Law on the date the payment is received by the Township at the Municipal Office. The Development Charges Act Levy in place at the time of the execution of this Agreement is $5,225.00 per dwelling unit. For each lot that is sold or prior to issuance of a building permit, the Development Charges Act Levy is to be paid on a per lot basis, until the levies have been paid for all lots. At least 6 Development Charges Act Levies are to be paid by June 30, 1995: with another 6 Development Charges Act Levies being paid by June 30, 1997. The balance of the 18 Development charges Act Levies must be paid by June 30, 1999. Any building permits to be issued in excess of the number of Development Charges Act Levies due at that time, are to be paid on an individual basis. The fee to be paid is the Development charges Act Levy in place on the date the payment is received at the municipal office. , . . .. . SCHEDULE "G" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the Township of Oro- Medonte and Scott Silo Construciton Limited. LIST OF LANDS TO BE DEEDED AND EASEMENTS TO BE GRANTED TO THE TOWNSHIP TO BE DEEDED: o 3.0 METRE ROAD WIDENINGS Block 35, Plan 51M o 0.3 METRE RESERVES Block 34, Plan 51M Block 36, Plan 51M Block 37, Plan 51M Block 38, Plan 51M Block 40, Plan 51M 0 FIRE WATER RESERVOIR WELL SITE Block 32, Plan 51M 0 UNOPENED ROAD ALLOWANCE Block 33, Plan 51M 0 STORMWATER RETENTION AREA Block 39 Plan 51M DRAINAGE EASEMENTS TO BE GRANTED: 0 Part of Lot 10 on Plan 51M - Designated as Part on Plan 51R 0 Part of Lot 14 on Plan 51M - Designated as Part on Plan 5IR 0 Part of Lot 15 on Plan 51M - Designated as Part on Plan 51R 0 Part of Lot 24 on Plan 51M - Designated as Part on Plan 51R 0 Part of Lot 26 on Plan 51M - Designated as Part on Plan 5IR 0 Part of Lot 27 on Plan 51M - Designated as Part on Plan SIR ,\ I ""I . .. . . SCHEDULE "H" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the Township of Oro- Medonte and Scott silo Construction Limited. PARKLAND Block 31, Plan 51M- (Lloyd W. Scott Memorial Park) . . .~ . .' SCHEDULE "I" TOWNSHIP OF ORO-MEDONTE DECLARATION OF PROGRESS AND COMPLETION SUBDIVISION DEVELOPER CONSULTING ENGINEER As required by the Agreement between the corporation of the Township of Oro-Medonte and Scott silo Construction Limited The Developer(s) dated 1. 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 Section 43 shall be complied with. b) Granular "B" and Granular "A" on or before c) Grading, topsoiling and seeding of private blocks and parks on or before d) Boulevard sodding on all roads on or before e) Hot asphalt on or before f) Planting of trees on or before 2. The Developer further agrees that the Township is hereby authorized to carry out, at his expense, any of the work set out in this Declaration not finished on or before the completion dates, to be commenced not sooner than one week following such completion date, it being understood and agreed that the Township's authorization is limited only to that work required under the Declaration. 3. The Developer undertakes to properly maintain the gravel road base at all times and to keep all roads in a mud-free and dust-free condition until such times as the roads, including boulevards, have been completed. 4. The Developer further agrees and the Township is hereby authorized to undertake any of the maintenance work as set out under Cl use 3 hereof r not completed by him within 24 hours after receipt of such request for maintenance, at his expense, and without limiting the generality of the foregoing, the Township's cost shall be the cost of materials, equipment rental, labour, payroll burden, plus 20% for overhead. \ 1 '" ~ 'f ;"',' , 5. It is understood and agreed that should the Developer fail to construct the remaining services to carry out the requirements of Section 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. . signed Developer Seal or witness Date .