2014-108 Subdivision Agreement with Romspen Investment Corp.The Corporation of The Township of Oro-Medonte
BY-LAW NO. 2014-108
A By-law to Authorize the Execution of a Subdivision Agreement between the
Corporation of the Township of Oro-Medonte and Horseshoe Valley Lands Ltd.
and Romspen Investment Corporation
Whereas, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13,
as amended, provides that municipalities may enter into agreements imposed as a
condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies being: Part of Lots 3
and 4, Concession 4 and all of Blocks 19 and 21, Plan 51 M-981, Geographic Township
Of Oro, Township Of Oro-Medonte, County Of Simcoe, being all of P.I.N. 74055-0248 &
P.I.N. 74055-0250 and part of P.I.N. 74055-0120 & P.I.N. 74055-0254, Subject to
Easements as in SC108651, SC774226 & SC975509;
Now Therefore the Council of the Corporation of the Township of Oro-Medonte hereby
enacts as follows:
That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Oro-Medonte, a Subdivision Agreement, a copy of which is attached
hereto and forms part of this By-law as Schedule "A";
2. That the Subdivision Agreement, a copy of which is attached hereto and forms
part of this By-law as Schedule "A", be registered on title against the lands
described therein;
3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of
the Subdivision Agreement against the owners and any and all subsequent
owners of the land;
4. That 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 16th Day Of July,
2014.
The Corporation of The Township of Oro-Medonte
ayor, H.W Hjughes
las
TOWNSHIP OF ORO-MEDONTE
THIS AGREEMENT made as of the 16th day of July, 2014.
BETWEEN: HORSESHOE VALLEY LANDS LTD.
(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: ROMSPEN INVESTMENT CORPORATION
(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 (43 -OM -20001) 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:
3
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 May 2013).
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, 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
Engineering Consultant, 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 14,
2000, 2004, 2005, 2007 or 2010 drawing format or DXF and be
delivered on a CD ROM or VDV. Two copies of each Plan of
Subdivision are required on separate CD ROM or DVD.
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.
4
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 and Lot Development
Plan with respect to each lot or building block for which a Building
Permit application is made, certifying that the proposed construction
is in conformity with the General Location and Lot Grading Plan or
with an approved variation; (NOTE: That a Professional Engineer
could also be retained to provide the aforementioned and any cost
incurred by the Township will be the responsibility of the Developer
or individual lot owner).
1.1.12 To furnish the Township's Chief Building Official with a Certificate
certifying that the elevation of the underside of the footing, and then
the top of the constructed wall of the building is in conformity to the
elevation shown on the individual site plan, and complies with the
Overall Lot Grading Plan. Any variance shall require the approval of
the Township and/or Township Engineering Consultant; (NOTE:
That a Professional Engineer could also be retained to provide the
aforementioned and any cost incurred by the Township will be the
responsibility of the Developer or individual lot owner).
1.1.13 To prepare and provide the Township, for each lot or block within
the plan, a Certificate of final grade elevation and Lot Development
Plan, indicating that the property has been developed in conformity
with the General Location and Lot Grading Plan or with an approved
variation; (NOTE: That a Professional Engineer could also be
5
retained to provide the aforementioned and any costs incurred by
the Township will be the responsibility of the Developer or individual
lot owner).
NOTE: In the case of lots built on after the sale or transfer by the Developer, the
Township reserves the right to request a similar certificate as required under
1.1.11, 1.1.12 and 1.1.13, but it may be provided by a Professional Engineer,
other than the Developer's Consulting Engineer. If the Township has their
Township Engineering Consultant 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:
Horseshoe Valley Lands Ltd.
1101 Horseshoe Valley Road
Comp # 50
Barrie, Ontario
L4M 4Y8
Or by:
Facsimile Transmission to: (705) 835-6743
E-mail to: jimccooper@cogeco.ca
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:
Romspen Investment Corporation
c/o Bonnie Bowerman, Vice -President
162 Cumberland Street
Toronto, Ontario
M5R 3N5
Tel: (416) 928-5114
Fax: (416) 966-1161
Genia lonova
Senior Mortgage Analyst
Tel: (416) 928-5109
Fax: (416) 966-1161
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:
1.7.1 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 51.5 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.
1.7.2 In addition to the parkland requirements set out in Schedule "H", execute a Letter
of Undertaking whereby the Developer agrees to provide a contribution to the
satisfaction of the Township of additional lands and/or cash in lieu of parkland for
parks and/or public recreation facilities in lieu of private recreation facilities that
were formerly included draft plan of subdivision (previously known as Landscape
Drive Phase 3) on the said lands.
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.
1.9 HYDRO AND TELEPHONE
Prior to the Township releasing this proposed Plan for registration, the Developer
shall provide the Township with a letter from the electricity supplier and from the
telephone supplier, stating that the Developer has entered into a satisfactory
arrangements with them with respect to the costs of installing underground wiring
and financial contributions in this regard.
The cost of any relocations or revisions to existing private companies' plant and
equipment, which are necessary to accommodate this subdivision, shall be borne
by the Developer.
7
1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING
The Developer agrees to advise all prospective purchasers, renters and lessees
that there are no schools planned within this subdivision, or within walking
distance of it, and that enrolment within the designated Public and Catholic
school sites in the community is not guaranteed, and that pupils may be
transported to/accommodated in temporary facilities out of the neighbourhood
schools' area.
The Developer agrees to advise all prospective purchasers, renters and lessees
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.
This clause is to be placed in any Offer or Agreement of Purchase and Sale
entered into with respect to any lots on this Plan of Subdivision. The clause
should remain in perpetuity as lots may not be sold or built upon for some time.
1.11 CANADA POST
The Developer agrees to construct a site if required to the specifications and
standards of Canada Post and the Township, as required for the construction of
mailboxes by Canada Post.
1.12 MINISTRY OF THE ENVIRONMENT
The Developer and each individual lot owner, acknowledges that the waste
treatment facility and sewers are privately owned and operated and not under the
control of the Township.
1.13 RESPONSIBILITY AGREEMENT
The Developer acknowledges that there is an agreement between the Township
of Oro-Medonte and American Water Services Canada Corp. (By-law 2008-097)
in regards to the ownership, financing, construction, operation, maintenance, and
repair of certain sewer and waste treatment facilities which service this
development.
1.14 COUNTY OF SIMCOE
The Developer agrees to include in all offers and agreements of purchase and
sale, a statement that advises future occupants of the subdivision to the presence
of a nearby privately -owned, non-operating waste disposal site on lands outside
of the draft plan, located at 1552 Bass Lake Side Road, Township of Oro-
Medonte (and legally described as part of the East and West Half of Lot 5,
Concession 3 (former Geographic Township of Oro); part of the road Allowance
between Concessions 3 and 4 (former Geographic Township of Oro), being Parts
3 and 4 on Plan 51R-37221, Township of Oro-Medonte, County of Simcoe, being
all of PIN 58534-0240 (LT) and that there is a potential for nuisance effects due to
their proximity to the former waste disposal site.
1.15 WARNING TO PROSPECTIVE LOT DEVELOPERS
The Developer shall provide copies of Clauses 1.1.11, 1.1.12, 1.1.13 1.10, 1.11,
1. 12, 1.13, 5.5, 5.7.2, 7.3, 7.4, 7.10, 7.16, 7.17 8.1, 8.1.1, 8.1.3 to 8.1.5, 8.2, 8.3,
8.4, 8.5 and 9.8, Notes 1.1 and 5.5 and Schedules "E" and "F", to each
prospective purchaser of a lot(s).
1.16 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.
1.17 ENUREMENT
This Agreement shall enure to the benefit of and be binding upon the parties and
their heirs, executors, administrators, successors and assigns.
PART -2
THE LANDS, PLANS AND REPRESENTATIONS
2.1 SCOPE OF AGREEMENT
2.2 DESCRIPTION OF LANDS
The lands affected by this Agreement are the lands described in Schedule "A"
hereto.
2.3 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.
2.4 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, revised June 2014
prepared by Pearson Engineering Ltd. and stamped "ACCEPTED FOR
CONSTRUCTION" by AECOM, the Township Engineering Consultant on
June 24, 2014.
Drawing No. Description
See Schedule "C" attached hereto
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
County of Simcoe
2.4.3.5
Nottawasaga Valley Conservation Authority
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.
2.5 RELIANCE UPON REPRESENTATIONS
The Developer acknowledges that:
2.5.1 It has made representation to the Township that it will complete all
Municipal and other works required herein, in accordance with the Plans
10
filed and accepted by the Township and others, and;
2.5.2 The Township has entered into this Agreement in reliance upon those
representations.
2.6 SCHEDULES ATTACHED
The following Schedules are attached to and form part of this Agreement:
Schedule "A" -
Description of Lands Affected by this Agreement
Schedule "B" -
Plan of Subdivision
Schedule "C" -
Works to be Constructed
Schedule "D" -
Itemized Estimate of Cost of Construction of Each
Part of the Works for Phase 1
Schedule "E" -
List of Lots Requiring Special Attention
Schedule "F" -
Development Charges
Schedule "G" -
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
2.7 SUBDIVISION CHANGES
There shall be no changes in the Schedules attached hereto, or in any Plan
accepted by the Township or others, unless such proposed changes have been
submitted to, and approved by, the Township and the Township Engineering
Consultant.
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". "F" and "H".
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.
3.1.11 Approvals - obtain and file with the Township, confirmation approvals
from the following:
12
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 County of Simcoe
3.1.11.5 Ministry of Tourism, Culture and Sport
3.1.11.6 Simcoe County District School Board
3.1.11.7 Simcoe Muskoka Catholic District School Board
3.1.11.8 Nottawasaga Valley Conservation Authority
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:
4.1.1 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 Engineering
Consultant prior to construction and the originals must be stamped as
accepted by the Township Engineering Consultant.
Submit and obtain the Township Engineering Consultant's approval of the
following, all to be in accordance with the Township's approved
Engineering Standards:
i) the drainage plan;
the lot grading plan;
the service layout plan for Electrical, Telephone and Gas and
Composite Utility Plan;
iv) the road, watermain and sewer plans and profiles.
4.1.3 Certificate of Approval
Submit to the Township, the Ministry of the Environment's Certificate of
Approval for Storm Sewer Works and waterworks.
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 Engineering
Consultant. The Township and Township Engineering Consultant are to
be provided with the names and phone numbers of personnel responsible
for the works, including emergency phone numbers.
4.1.5 Scheduling of Works
Prior to the start of construction, the Developer shall supply for the
Township Engineering Consultants, 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 Engineering Consultant
may amend this Schedule and the Developer shall construct, install or
perform the works as the Township Engineering Consultant, 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.
4.1.6 Stormwater Management
A stormwater management report shall be prepared by the Developer's
Engineer for approval by the Township Engineering Consultant 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.
14
This report must deal with post development stormwater quality and shall
conform to Ministry of Environment Interim Stormwater Quality Guidelines.
4.1.7 Erosion and Siltation Control
The Developer must take all necessary precautions to prevent erosion and
sedimentation of sewers, ditches, culverts, slopes, etc., both within the
subdivision and downstream prior to and during construction and upon
completion of servicing of the subdivision. Failing adequate precautions
being taken, the Developer shall be responsible for correcting any damage
and paying all maintenance costs resulting there from.
A Storm Drainage and Siltation Control Plan shall be prepared by the
Developer's Engineer for approval by the Township Engineering
Consultant 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 Engineering Consultant and the
Nottawasaga Valley Conservation Authority. 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 Engineering
Consultant and the Nottawasaga Valley Conservation Authority. The
Developer agrees to maintain all erosion and siltation control devices in
good repair during construction.
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 Engineering Consultant, 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 Engineering Consultant, 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 Engineering Consultant. 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 Engineering Consultant before work
is resumed;
15
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.
16
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 (Municipal 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.
b) The Developer agrees to pay for all arrears of taxes or other Township or
provincial charges, taxes or levies outstanding against the property herein
described before the approval of the said Plan is obtained. The Developer
further undertakes and agrees to pay taxes levied on the said lands, on the
basis and in accordance with assessment and collector's roll entries until
such time as the lands herein being subdivided have been assessed and
entered on the Collector's Roll according to the Registered Plan.
17
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 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 County 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°/x) of the estimated cost
of the said work as approved by the Township Engineering Consultant 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 Engineering Consultant. 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 Engineering Consultant 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
Engineering Consultant, within thirty (30) days of notice, by registered mail,
from the Township Engineering Consultant.
In the event that the Developer fails to deliver to the Township the
additional security as required by the Township Engineering Consultant, 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 Engineering Consultant 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.
18
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 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
Engineering Consultant, 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. The Township Engineering Consultant will review the submitted
estimate, and then make a recommendation of the required amount to
Township Council for their approval, and that amount shall be retained along
with twenty percent (20%) of the completed work estimate and the remainder
19
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.
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 certification of final grade elevations indicating that
the property has been developed in conformity with the General Location
and Lot Grading Plan by a certified Engineer and approved by the Township
Engineering Consultant, 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
contractor duly qualified to do such work;
d) shall include the following names as insureds:
(i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
5.10.3 Notice of Cancellation - a provision that the insurance company agrees
20
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 force and effect. The Developer shall see that a copy
of the policy is filed with the Township.
5.10.6 Claim in Excess of Policy Limits - the issuance of such policy of
insurance shall not be construed as relieving the Developer from
responsibility for other or larger claims, if any, and for which it may be
held responsible.
5.11 COST SHARING FOR WATER SYSTEM UPGRADES
In addition to the requirements of Clause 8.2, the Developer and Township agree
that no building permits shall be applied for nor issued by the Township for
permitted uses as set out in the Township of Oro-Medonte Zoning By-law 97-95,
as amended, until the Township facilitates all effected parties within the
Horseshoe Valley area, in coming to an agreement for the cost sharing, and
scheduling of the required water system upgrades.
21
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 Engineering Consultant, 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 Engineering Consultant, 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 Engineering Consultant have not obtained the Certificate of Substantial
Completion and Acceptance (Municipal Underground Services) 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 Certificates of Occupancy
have been issued. The Developer shall be responsible for the maintenance and
repairs of the services in this case until the Township has assumed the
responsibility of the services.
The subdivision is to be developed in the following Stages:
Stage A Lots 1 to 8 and 14 to 57, Blocks 58, 59, 60 and 61 AND all of
Oakmont Avenue, Horseshoe Ridge Way to Line 3 North, Boville
Court and Ponytail Court and Landscape Drive to its intersection
with Oakmont Avenue, Plan 51 M -
Stage B Lots 9 to 13 and Landscape Drive, Plan 51 M-
22
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 Engineering Consultant 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 Engineering Consultant.
7.2 CONSTRUCTION OF WORKS
Following the registration of this Agreement, the Developer shall cause to be
constructed, all requisite works in order to provide services to the lots and
buildings blocks within the Phase.
7.3 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 Engineering
Consultant, indiscriminate removal of trees takes place within the limits of
the Plan of Subdivision, including road allowances, parkland, and
individual lots, the Township shall have the option of having a Stop Work
Order on construction of the services and/or building on a particular lot
where the removal is taking place. Work will not be allowed to proceed
until the Township is satisfied that the practice will not continue and the
Developer/Builder agrees to carry out remedial work requested by the
Township. The Developer agrees to provide a copy of this clause to each
and every prospective builder/prospective purchaser.
7.4.2 The Developer shall plant one (1) 2.4 metre, or taller, hardwood trees of a
minimum of 50 mm caliper in the front yard of those residential lots not
having any tree cover in the front yard. A minimum of one (1) tree shall be
planted along the flankage side of each corner lot.
23
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 Engineering Consultant.
7.6 BLASTING
Before any blasting is proceeded with by the Developer, the Developer shall
obtain from the Township Engineering Consultant 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 Engineering Consultant and Township Transportation
Department 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 Transportation Department. For the purpose of getting
such consent, the Developer shall advise the Township Transportation
Department 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 Engineering Consultant 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
Engineering Consultants.
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
24
to each and every builder obtaining a Building Permit for any lot or part of a lot on
the said Plan of Subdivision.
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 Engineering
Consultant 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 Engineering Consultant
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 municipal underground services, the Developer
shall provide the Township Engineering Consultant 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
Engineering Consultant. The Township reserves the right to alter the
completion dates as it sees fit and the Developer agrees to complete the
services.
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 TWO HUNDRED ($200.00) 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 Surface Lift of Asphalt for the subdivision roads cannot be placed until
50% of the lots have completed dwellings.
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
Engineering Consultant 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 Engineering Consultant. 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
Engineering Consultant, then upon the Township Engineering Consultant giving
seven (7) days written notice by prepaid registered mail to the Developer, the
Township Engineering Consultant 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
25
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 Engineering Consultant. 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 electricity and street lighting, sewer system, detention pond
and waterworks will be constructed, inspected and approved prior to the
completion of the other works, including roads and boulevards.
Building Permits will not be issued until the Township Engineering Consultant has
given the Certificate of Substantial Completion and Acceptance (Municipal
Underground Services). The two (2) year maintenance period for the
underground services will commence when this Certificate is issued.
During the maintenance period, the Developer shall be responsible for the normal
operation and maintenance, and all repairs for the services noted in the
Certificate.
If, during the two (2) year maintenance period, the Developer fails to carry out
rectification and repair work as requested by the Township, then the Township
may carry out the work and be reimbursed the cost of the work from the
Developer's securities, as set out under Clauses 9.3 and 9.4.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Final Certificates of Occupancy have
been issued. The Developer shall be responsible for the normal operation,
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.
7.17 DRAINAGE AND LOT GRADING
26
All lots and blocks within the Plan and all lands abutting the Plan shall be graded
to drain in accordance with the Lot Grading Plan LG -1 to LG -4 prepared by
Pearson Engineering Ltd., and approved by the Township Engineering
Consultant 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 Engineering Consultant.
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 446 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 curbs and gutters, and storm
sewers to provide a satisfactory drainage outlet, and will be in accordance with
the Drawings STM -1, STM -2; Stormwater Management Plan Drawings PND -1,
PND -2 and PND -3 and Plan Profiles Drawings PP -1, PP -2, PP -3, PP -4, PP -5,
PP -6, PP -7 and PP -8 by Pearson Engineering Ltd., and approved by the
Township Engineering Consultant and the Township.
7.18 PARKLAND WORKS (WALKWAYS ETC.)
Prior to the issuance of a building or sewage system permit the Developer shall
provide payment to the Township of cash -in -lieu of parkland pursuant to
Schedule "H" to this agreement.
7.19 DEFINITIONS
For the purposes of this Subdivision Agreement:
(i) The term "Underground Services" shall mean the sanitary sewer works; the
storm drainage works (including culverts, storm sewer, detention pond);
waterworks (including piping, valves, fire hydrants, services, sample stations,
27
and PVRs);, 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 Engineering Consultant
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 Engineering Consultant. 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 Engineering Consultant
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 Engineering Consultant
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
Engineering Consultant. 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 Engineering Consultant 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.
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 Certificate of Maintenance and Final Acceptance
28
(Aboveground Services), as the provisions of this Subdivision Agreement
require.
at
PART -8
BUILDING PERMITS AND OCCUPANCY
8.1 OVERALL LOT DEVELOPMENT PLAN & INDIVIDUAL SITE PLANS
8.1.1 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 (municipal
underground services) has been issued.
8.1.2 Individual Lot Owners will be required to obtain the services of a qualified
professional consultant to prepare the Individual Site Plan to the satisfaction of
the Township prior to the issuance of a building permit, and the Individual Site
Plan shall include, at a minimum:
a) The location of the proposed building, driveway and any other
structures on the lot.
b) The lot area, building area including decks, stairs, and landings,
percentage of coverage and allowance and actual setbacks,
including zoning of lot, in a metric scale (all in chart form).
c) The proposed building with lot, Registered Plan number, and
municipal address (911 number).
d) The elevation of the underside of footing, top of foundation wall,
and all floor levels of the dwelling and other structures.
e) The existing and proposed grades of the disturbed area on the
lot after building, drainage and sewage works have been
completed, including lot corners, mid -lot and at the corners of
the dwelling.
f) The location and size of the water servicefrom the watermain to
the dweliing.
g) The location and grades of any proposed drainage swales.
h) The consultant 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.
i) The consultant 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 all prepared by Pearson
Engineering Ltd., to the satisfaction of the Township and the Township
Engineering Consultant, a list of which is set out in Schedule `C'.
8.1.3 The Developer further agrees to advise all prospective lot owners of the
requirement that it may be necessary for the sewage system to be
installed prior to construction of the home, subsequent to the issuance of a
Sewage System Permit.
8.2 REQUIREMENTS FOR BUILDING PERMITS
The Developer acknowledges and agrees that final approval or registration of the
Plan by the Township or the acceptance by the Township of the works set out in
this Agreement shall not be deemed to give any assurance that Building Permits,
when applied for, will be issued in respect of the lots or blocks shown on the Plan.
The Township reserves the right to withhold building permits until the
requirements of this Agreement, and all other requirements of all relevant
agencies, have been completed to the satisfaction of each agency, and the
Township has been notified in writing of satisfaction of these items by the relevant
agency in addition to the completion of commissioning of the water and sewage
works for the Plan.
30
The Developer and Township agree that no building permits shall be applied for
nor issued by the Township for permitted uses as set out in the Township of Oro-
Medonte Zoning By-law 97-95, as amended, until the Township is satisfied that
adequate road access, water supply, sanitary sewage and storm drainage
facilities are available to service the Plan in addition to all other requirements set
out in Section 8 herein.
Despite the foregoing and despite the provisions of the Building Code Act, R.S.O.
1990, c.B.13, the Developer understands and agrees that no building permits will
be issued until all of the requirements of this Agreement and specifically this
Section, have been met. For the purposes of the Building Code Act, R.S.O.
1990, c.B.13, the Parties hereby agree that the requirements of this Agreement,
including specifically this Section, shall constitute "applicable law".
Notwithstanding the foregoing, no Building Permits will be given and the Chief
Building Official may refuse any application until:
(i) The submission of all provincial and municipal approvals;
(ii) Sewage system allocation has 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.
(iii) The Certificate of Substantial Completion and Acceptance for the
Underground Works has been issued by the Township for the water supply
and distribution system; and sanitary and storm sewer systems; and the
submission of the completed Declaration of Progress and Completion
(Schedule "I").
(iii) Plans for remaining underground services such as Bell Telephone,
Electricity or Natural Gas have been approved and the required Composite
Utility Plan has been approved by the Township.
(iv) A "Builders" road completed up to an including base coarse asphalt, has
been constructed on the road providing access to the lot in accordance
with the Township's Engineering Standards to the satisfaction of the
Township.
(v) Approval of the Township Engineering Consultant 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
Overall Lot Grading Plans, or has received the approval of the Township
Engineering Consultant with respect to any variance to the Overall Lot
Grading Plans.
The individual Lot Development Plan must be approved by the Township
and/or Township Engineering Consultant prior to the issuance of a Building
Permit.
(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.
31
(x) The Traffic and Street Name signs have been installed and approved by
the Township.
(xi) Payment of Development Charges Fees and other applicable levies.
(xii) Certification by the Township and/or Township Engineering Consultanting
Consultant if the subdivision is being constructed in phases/stages that the
preceding stage meets all requirements for occupancy as set out in Clause
8.5.
(xiii) Payment of cash -in -lieu of parkland in accordance with Clause 7.18.
(xiv) Payment of lot grading deposit of one thousand dollars ($1000.00) per lot.
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 Engineering Consultant 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's Engineer shall be responsible for obtaining the municipal
address system numbers for each and every lot from the Municipal Office and
including on the final approved engineering drawings. 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 road base materials full
depth and the base course of asphalt.
(ii) The underground electrical, telephone lines, gas mains and street
lights have been installed, approved, and energized by the
Township Engineering Consultant.
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 therefrom has been approved by
the Township Engineering Consultant.
32
The final grading on the individual Lot Development Plan must be
approved by the Township Engineering Consultant prior to the
issuance of a FINAL CERTIFICATE OF OCCUPANCY.
FINAL CERTIFICATE OF OCCUPANCY means a permit issued
when all outstanding items on a Provisional Certificate of
Occupancy, including grading, have been completed.
(iv) The trees have been planted on the lot by the Developer in
accordance with Clause 7.4.
(v) 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 8.6 are installed to the
home occupied to the satisfaction of the Township Engineering Consultant, then
the Developer agrees to pay to the Township, liquidated damages in the amount
of TWO HUNDRED DOLLARS ($200.00), 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 Engineering
Consultant 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.
8.7 REQUIREMENTS FOR WINTER OCCUPANCY
Should the Developer require Occupancy between October 1 and April 15, (then)
the final lot grading shall be completed by (the following) July 15. Should the
Developer require Occupancy between April 15 and October 1 the final lot
grading shall be completed within three months of provisional occupancy. In
addition, if the final lot grading is not completed prior to Occupancy, the
Developer's Engineer shall provide the certification that the lots requesting
Occupancy have a base grade, swales, and all slopes are graded to conform to
the Overall Lot Grading Plan and minimum engineering design standards. The
Developer agrees that if the final lot grading has not been completed within the
aforementioned time lines, the Township will immediately proceed to have the
final lot grading completed at the Developer's expense. Further, it is agreed by
the Developer that the lot grading security deposit will not be reduced until the
Township and/or Township Engineering Consultant is satisfied including having
completed a site inspection and a Lot Grading Certification from the Developer's
Engineer has been received.
8.8 CONFORMITY WITH GRADING
Prior to issuance of a building permit for any lot on the Plan, an Individual Site
Plan is required to be approved by the Township in accordance with Section 8.1.
The Individual Site Plan will indicate the proposed building and lot, municipal
address, and elevation of the top of foundation wall and shall be in compliance
with the Overall Lot Grading Plan for the subdivision. Any variance to the Overall
Lot Grading Plan must receive approval from the Township Engineering
Consultant, the Conservation Authority of jurisdiction, and where area tile bed
systems are involved, the Township.
The Developer agrees that each building permit will be issued on the condition
that no construction of any building will proceed beyond the completion of the
footing and then the foundation wall until the Developer has provided the
33
Township's Chief Building Official with a certificate from the Developer's Engineer
certifying that the elevation of the underside of the footings and then the top of
the constructed foundation wall of the building conforms to the elevation shown
on the Individual Site Plan and complies with the Overall Lot Grading Plan. Any
variance shall require the approval of the Township and/or Township Engineering
Consultant.
34
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 Engineering Consultant 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 fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Final Certificates of Occupancy have
been issued. The Developer shall be responsible for the normal operation,
maintenance, and all repairs of the services in this case until the Township has
assumed the responsibility of the services.
9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES
The Surface Lift of Asphalt for the subdivision roads cannot be placed until 50%
of the lots have completed dwellings. 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 Engineering Consultant and the Township
Transportation Department shall make an inspection to ensure that the Township
will accept the road system. The Township Engineering Consultanting
Consultant 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
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
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 on
a regular basis. If the Township is requested to carry out this maintenance, the
Developer shall pay all charges to the Township.
If, during this period, the Developer fails to carry out maintenance work within
forty-eight (48) hours after receipt of a request from the Township, then the
Township Engineering Consultant 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
35
original two (2) years, or for thirty (30) days after the receipt of the Developer's
written request for a final inspection, whichever period of time is the greater.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Final Certificates of Occupancy have
been issued. The Developer shall be responsible for the maintenance of the
services in this case until the Township has assumed the responsibility of
services.
9.4 WINTER ROAD MAINTENANCE
An exception to the liability of the Developer for all maintenance and repair of the
services during the two (2) year maintenance period will be winter control, which
operation 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 Township
Transportation Department. 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 month_ s of the date of
acceptance.
9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES
36
Upon receipt of the Developer's request for a final inspection of the Aboveground
Services, the Township and/or Township Engineering Consultant will again
inspect the work and if satisfied, will recommend to the Township that the
Certificate of Maintenance and Final Acceptance be issued.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the maintenance of the services, in this
case, until the Township has assumed the responsibility of the services.
9.7 RELEASE OF LAND
The Developer, when not in default of the Subdivision Agreement to provide the
requisite public services to the lands, shall be entitled to an effective release in a
form suitable for registration in the Land Registry Office for each lot or block,
which is in conformity with the overall Grading Plan for the lands or such variance
therefrom as has been approved by the Township Engineering Consultant.
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 the subsequent
owners, from time to time, of the lots or blocks within the Plan of Subdivision. The
Developer and subsequent owners of the lots or blocks within the Plan of
Subdivision, from time to time, shall provide and maintain adequate drainage of
surface waters across and from the said lands in accordance with the provisions of
Section 7.17 of this Subdivision Agreement. The Developer agrees to provide a
copy of this Section 9.8 and Section 7.17 to each and every prospective
builder/prospective purchaser of a lot or block within the Plan of Subdivision.
The Developer and the owner, from time to time, of any lot or block within the Plan
of Subdivision upon which the Township elects to enter for the purpose of rectifying
the said work, hereby agrees to indemnify and release the Township from and
against all claims, demands, actions or causes of action whatsoever arising as a
result of the Township or of its servants or agents entering upon the lands for the
purpose of correcting drainage problems. The cost of such work will be for the
account of the Developer and/or subsequent lot owner. Any invoices not paid within
thirty (30) days after due date, shall be added to the tax roll and collected in a like
manner as realty taxes as per Section 446 of the Municipal Act, 2001.
37
PART —10 - DEFAULT PROVISIONS
10.1 DEFAULT PROVISIONS
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 Permits
and/or Final Certificates of Occupancy, and the Developer agrees not to apply for
any Building Permits or Final Certificates of Occupancy 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 1\ day of , 2014.
HORSESHOE D.
7.
er
Jim Cooper
itl President
SHIP OF ORO-MEDONTE
ROMSPEN INVESTf4ENf.06RPORATION
Per
M�RLSa�/
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
HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT
CORPORATION
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:
PLAN OF SUBDIVISION OF PT LOTS 3 AND 4, CONCESSION 4 AND ALL OF
BLOCKS 19 AND 21, PLAN 51M-981, GEOGRAPHC TOWNSHIP OF ORO,
TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE
BEING ALL OF P.I.N. 74055-0248 & P.I.N. 74055-0250 AND
PART OF P.I.N. 74055-0120 & P.I.N. 74055-0254
SUBJECT TO EASEMENTS AS IN SC108651, SC774226 & SC975509
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
HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT
CORPORATION
Stage A Lots 1 to 8 and 14 to 57, Blocks 58, 59, 60 and 61 AND all of Oakmont
Avenue, Horseshoe Ridge Way to Line 3 North, Boville Court and Ponytail
Court and Landscape Drive to its intersection with Oakmont Avenue, Plan
51 M -
Stage B Lots 9 to 13 and Landscape Drive, Plan 51 M -
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
HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT
CORPORATION
WORKS TO BE CONSTRUCTED
Construction of storm sewers and appurtenances, sanitary sewer including service
connections, watermains and appurtenances, including service connections, all road
works, including curb and gutter in accordance with the approved Engineering Drawings
to service the Horseshoe Ridge subdivision in the Township of Oro-Medonte.
LIST OF DRAWINGS (Stamped by AECOM, Township Engineering Consultants - Accepted
for Construction Dated June 24, 2014)
PEARSON ENGINEERING LTD.
TITLE PAGE
Approved Draft Plan
M -Plan 51 M-
R -Plan
Notes and Details
Notes
NT -1
Details
DET -1
Details
DET -2
Details
DET -3
Storm and Sanitary Pipe Design Sheet
PD -1
Erosion Control Plan
Erosion and Siltation Control Plan EP -1
Lot Gradina Plans
Lot Grading Plan
LG -1
Lot Grading Plan
LG -2
Lot Grading Plan
LG -3
Intersection Detail Plan
LG -4
General Servicing Plans
General Servicing Plan GS -1
Water Swabbing/Testing Plan WSP-1
Sanitary Drainage Plan SAN -1
Storm Drainage Plans
Storm Drainage Plan STM -1
Post Development Storm Drainage Plan
Stormwater Management Pond 1 PND -1
Stormwater Management Pond 1- Section View PND -2
Stormwater Management Pond 3 PND -3
Plan Profiles
Plan Profile — Landscape Drive
PP -1
Plan Profile — Landscape Drive
PP -2
Plan Profile — Oakmont Avenue
PP -3
Plan Profile — Oakmont Avenue
PP -4
Plan Profile — Horseshoe Ridge Way
PP -5
Plan Profile — Boville Court and Ponytail Court
PP -6
Plan Profile — Oro Medonte Line 3 North
PP -7
Plan Profile — Oro Medonte Line 3 North
PP -8
Utility Plans
Composite Utility Plan UP -1
Hydro One Plan 2 Sheets
Runge & Assoc Electrical E1 to E4
Enbridge Gas 2 Sheets
Bell Canada
41
SCHEDULE "D"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND
HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT
CORPORATION
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE
WORKS
The following list summarizes the cost estimate of the major works, but is not
necessarily inclusive:
A) .Roadway construction complete including fine grading,
excavation, granular road base material, subdrains,
concrete curb and gutter, and two lifts of asphalt......... $581;430.00
S} Sanitary works complete including sanitary severs,
service connections, manholes, directional bore......... $613,735.00
C), 'Storm world complete including storm pared , storm
sewers, headwalls, manholes catchbasins, topsoil,
seed, slitation and erosion control'devices ................. $476,390.00
D)Water works complete including watermains, valves,
hydrants and valves, water services and air release
valve chamber. - ... .,..... .............. $335,100.00
E) Miscellaneous items such as regulatory signs,
marker post, mailbox layby and tree planting...., ......... $155,450.00
Fj Electrical Svpply including street lights and
power pedestal......... ..................... ........ $109,500.00
SUB TOTAL $2,271,605.00
G) fk Allowance for Engineering and Supervision $227,160.50
TOTAL $2,498,765.50
1.3%4 HST $324,8391.52
TOTAL COST $2,823,6015.{12
42
TOWNSHIP OF ORO-MEDONTE Horseshoe Malley Lands Phase 3 SU13DIVIS1014
LETTER OF CREDIT SUMMMy
;;Till r�xc..w,n a ....
a a.....,.. ag, ,y.,
££a .7zak ass pa S%dr,
x,..;
�r
'.
1
z gl �
y :"�i'..si
..,.
,
.:
fine Gradwand StibgWe,
.
11(100
m
Sim
9M500,00
010
0.0
0.0
$1500.00
$0.04
494
S03 : and Place t mu1ec'13' nun
"
t 1000
m
$9.00
$99 0(81.04
fl.0
11.0
Q.0
529;04000
$4.04
0%
Su p d Phan 0 ranutar'A150 mar
142110
m
$7:90
$7d "60
flat
Ob
0,0
$?G 5181 00
$0.00
Q°lo.
Suiply and plow BaseCome AsoWtM-4 SO mm
10200
nt2
$1425
${04 k0Q
fl.0
4,4
fl:4
$1a4 54110
$000
Q%
Su i aad Piave 3urfke Course twit 111.3 40 mm
10200
m3
$8.75
$89 z 00,
0.0
0.0
0.0
$89 .00
$0,00
09'0•
Install150mmilia.3ill r8in
2250'
m
514.00
$31 40.00
0:0
0.0.
0.0'
] 4000
$0.00
0%
Install Comc. t ub and uitea
2250
m
$65:00
S14fx- 001
0:0
0.0
0.0514
54.Q0
$4.00
0%:
�cles
1t�stait T A alk Curb
2.
a
A4
;$4400.04
0.0
0.0
0.0'
$440000'
$4:00
0%
11140 mm Fxlsti alt and Rasucfacc with 40 mmHL4
50
360
m
m}
$40:00
sls.60
$2 000.04
9.0
0.0
0.0'
$2 004.04
$0.00
0%
ttcuioxc'and Tk into Ipat Col -de ssc,cFw 11 oouaiiat
1
L.S::
35LO
$ OQO.
0.0
0.0
4.0
0 4
0:0
4:0'
$6,4W.00
$5 40D:OQ
$0;04
0%
StIB-TQ't'AL.-s ckion "T"I
5381430.84 I
5381430.00 I
$0.00
$4:00
0%
SECTION tt8"
AWWRY PORES
connecttm to Ex; MH dw testom6m
2
i 5,
$3,500.00
$7 .44
0.0
0.0
0.0'
$7 000:00
$0.00
0%
240 mm Ilia. Pvc Suer
558
m
$165:00
$92,070.00
04
0.0
0.0
$92 Q7QA0
$0•00
096
234 nm
uDia PVC S
409
m
$185.00
$75,665.00
0.0
4.0
4.0
S7s 6fiS,UO
54.06
09%
1500 mm Um MH
15
ea
$6.600.00
$99,000.100
0:0
0.0
0.0
S99 D04.60
St1,40
125 mm Dia. PVC servicechx Cleanout id, 12
80
ea
$ i 150.04
$92 000.00
0.0
0.0
0.0
000100
80.00
0%
150 inm Dia. Precast Conc> use MH dw Rcstosa i m
ea
SIO 000:00
$60000,00
00
0.0
4.0
S60 01M.(7Q
$0.00
0%
200 min Dia. HDPE Directional Bore ��6
05
ui
$300.00
$181,500.00
0.0
0 0
4:0
S.181 500.00
$0:00
09'a
Connwflon to Etc, MH 01w mbe06 and restoration
i
ea
$6,500.00
$6.500.00
0.4
0.0
0:0
Sb 500.00
50 0Q
0%
St1B iYYt'pL-'Sediun "B"
$613*735:80
3613735.00
$9.04
SSCTIUH "C"
SITE #VRKS
SuOly and 1psleiiSedimentControlPence
1500
m
$18.00
527'W0:00
0.0
0,0
0,0
$27000.00
$0.00
0%
Install Mud Mat
Rock Check Danns10
l
LS.
$8400:00
400.00
U
0.0
0.0
$8,400.00
$0.00
0%
ca
$500.00
$5,000.00
0.0
0.0
0.4
$0.00
0%
Restom/Maintain Cart Path
400
tt�
$18.00
$7,200.00
0.0
0.0
0.0
--$5,.000.00
$7,200.00
$0.00
0%
11LE # 60118051
816/2014
C X>=
(D
0(m/)CD (CD
� :c (L @
OmCD Q
ZDGCD
F- C
3
m��'
(D
CD
DOLL
z3
cn v
1" _ =r
v�cl'
U)
Z O (D
v�q-
'y 01O
m1
Mvcn
ZZw
C
mo
mD�
�v(D
M c -
z a
o'
to
0
m
v
C
r
m
d
n
O
7
rt
11
TOWNSHIP OF ORO-MlEDONTE
Horseshoe Valley Lands Phase 3 SUBDIVISION
LETTER OF CREDIT SUMMARY
�8=� yy : 6 1 . . Y':,: +k» A ': i 'w4� y5]. ' 1. x : S.S.F1. %... p.,..m., :.. .:. . , .:.z • .
�,: .x ,.a •°» :: A...,..
°,. ° .„
;. Ai al?pial a 9'1..��
Yl»,,...,
z 7 77
., r
.r. -.. L�
,. r y:
-� p.:
,..,.,,.. .
o . w i' .• ...•. ,...t,A.. § §....:rii .y . s#. A:.:., .„.a3aax!'zj,a2zd
. ......
s M
.d A .. ?- T
,r ii .., .. .. ...':..,
_ .
A
7 . ......:. ... .n. .:A:,.�.......,
s'i ,.
.,>:.�: i,119k..:�._..".
i
AYP.l,d,.
�..','i'l..
DYM
SM" WORKS
CollaWtionto Ex. Storm Sewer
2
L S'.
$3,500.00
$7,00040
0:0
0.0
OA
3700bA0
$0100
0%
1,500 Mtn Dia. MR
14
ea LLAAM
$91000.00
0.0
0.0
0.0
$91 .00
50.00
0%
1500 tam Iiia. Caw
4
en
$6,50M
426 ,0000)
0.0
0.0
DA
OQo bO:
$0.00
Q,%
600 x600 mm CB e!w 250 mwDia.lm d
19
ea
$2,900A0
$55,100,00'
010
OA
0.0
$55,100.00
$0.00
0%
1200 x 600 mm DCB rW373 mm Die. Lud
2
ea
$000AQ
$9 000.00
0.0
0.0
0.0
$"O-noo
$0.00
0%
in $WP
Uon
l`lWO
1
ea,5oo$liGtt
8A0
$8 X00:00
0.0
OA'
0.0
$.00
_ $0.00
0%
11 09lwalltal
Di
. 3rd Lintch
1
$118011:001
0.6
00
0.0
S1,3W.00
$0;00
0%
500 mm Ilia t`SP Cnisrert
23
rtn$27540
t!0'
0:0
0.0
0.0
90
$0.00
0%
825 mm Dia cre,Ee Sewer
82
nt
$600,00
$49;200.00
0.0
00
Q.0
$49.300.00
$0.00
0°%
750 nun 40a.Concittm:Sewer
29
M
$450.00
413050.00`
0.0
0.0
0.0
$1305000
$On
091
675 mm Dia. Concteae Sewer
18
rn
$300.00
S5 400M
0.0
0 0
0.0
$5,400.00
$0.00
0%
600 nun Dia. Conereie Sewer
4
nx
$325.00
$1,300.00
0.0
0.0
0.0
$1300A0
50.00
0%
450 mm Dia. PVC Sewer
188
In 1
$210.00
339,480.00
0.0
0.0
0.0
$339,480,00
woo
0%
375 tdm Dia PVC; Sewer
189
m
$196.00
$33.910.00'
010
0.0
0.0
$35 10.00
$'OA0
0%.
300 mm Did., PVC Sewer.
227
m
$175.00
$35172540:
0.O
010
0.0
$3'? 725,00,
$0.00
0%
Existing SWM Pond 3 - Modify and Reg
1
1..3.
$251000.00
$20,000m
oA
0.0
4.0$20,x}0.00:
$0.00
0%
SWm Pond:3 - OGS
]:
L,S.
$20 000.00
$201100,00
00
0.0
0.0
$2000:00
$0.00
0%
iJB-TOT,ii - Srctfiaa "Cn
3476„590.00
s476,3,90100
30!10
WATERMARY WOUSS
Connection to Ex, watcrma n
2
L.S.
S . o0:00
$5 000.00
0 0
0.0
0.0
$5 000A0
$0.00
0%
300 mm Dia. PVC watermain
385
m
$7315040
0:0
0.0.
0.0
$731$0.00
SOA
0%
200 mm Dia. PVC Watermin
795
m
'',$190.00
$150.00
$11900:00
0.0
0.0
0.0
$119,250,00
$0,00
0%
Fire- 1'b*" dw Lead,'vaivc Auehoo Tee and Blocking
7
ea
$4,S00.00'
$31,500.00'
0.0
0.0
O A
$31500.00
$0.00
00/0.
300 mm Iiia. Out valve and SOX
3
ea
$3,500,00
$10,500A
0.0
0.0
0.0
$10,540:04
$0.00
0%
200 mm Dia: Gate Valve and Box
6
1 ea 1
51,700.00
$10200:00
0.0
0.0
010
$10,2m.00
$0.00 1
0%
19 mm Dia. Water Smim
80
ea
S.1,000.00
3 000:00
0.0
0.0
0.0
$90,000.00
1
0%
Air Release Vatw alw Chamber
1
ea
S5 500.00
MS 00
0.0
0.0
0.0
$5500.00
-MOD
$0.00
0%
SUWTOTAl, - Section .,D"
5335100.00
$335,100.00
$0.00
ME # 60118051
61612014
z
O
q
m
0X>
00CD gin.
CD
ONCD m
2�c�n
OmtD
z<9C
rCD
= a CL
m3�'
-< CD
DO0
0-
z *
.zg
a Z W
r==_
Cp
z�B
v00-
XOm
0.o
Cnm3
v
z
zmo
IT!
�vCD
Cn
M a -
z 2-
cn
o'
I
N
m
v
C
r
m
d
O
7
rr
-P
T4}WNSH(P OF ORo-MEDONTE Horseshoe Valley Lands Phase 3 SUBDIVISION z
7 LETTER OF CREDrr SU ARY p
�,a.. carat i kd zrlfai r ,z'.a 7 a 3 7 .e 3x°�l i ^"' sk. a, ,a , .z„afrF ,ic t F
a saSatst a z4 a
, .,.....sSr... r fir., r'.Se:,.L'k.147 rrks .,..i,.,oraos�f�& w^f%i^.'6:�:i.�.rar., a.,.a .efsursrre.M.r� ..�u^a,w,,: w. �.,., ......: .. . . ........ .. ..,..,.,c '4�, Ir, ' , ,".....a.2�ai . ,�•. ,. 7e3i, .,. r4 , , 9 „a r., . , . u . .
m
and Instal) hlmrker'I"ast
RAspbW,
1
$aa.o0l.11a0.t
$1so.00 $1«SIIG}.Qo
a s
0,0
0 a
a04
an0.rxa
$a asa%OO
lar,s s70
Lse
t,lo0.0tiard 0tataQ0
0.0
0.0
case
O.tarsO,O
3QQQ
846
'p N Nit
�� 1 lantrno
00
a 6a,tr00.aa
a:0
0 a
o.0
$ra.00
tags,
O m 3o
Stw I A �d Castell Cat�adst bast l lssl r Eldsl
r
l .S.
$850.00 MOM
0.0
0.0
�6ao0a.o0
$O.aa
Das.
N m m
�2
arra TOTAL M ectrat� .,,�,
ISa 4o.otr
0.0
$$S0wa0
5155
$0 (i0
0
: �
=1 O 0
450.ov
so as
s3
N Hot�mca
sn
o
nzDm
Su 1 and lmsintl ower cdestal
S l and immtall street 11 is
4
S
ea$5
SOQ 00 O00,Q0
0:0
0.0
0.0
022 000.Ot1
SIa.Qo
0
v
— O Q
SUB-TOTAL-Secflnn
ea
So0.o0 587 s0a.cata
0,0
0.a
0.0
8750t?:00
O.QO
0'lc
�ri1 3 N
sno9 q0 0u
51 500,00
50.00
-< CD
snrnivrar.Y
r —I m
DOQ-
sECnQN nAvfz
SECTION"s"
$:81,430.00
$581,d30.ua
v z v
AcnoN "C"
$613,735.00
S476,391LOO
$613,735.00
$0.00
r = S
sEc,-Izoa�l ,,Dr,
SECTION "EK
$335,100.00
$470".00
$335,100.00
SO oO
M
$Ooo
-p
SECTION "r*
$155,450.00
$155050.00
$0.00
SfiO4,500.00
_ $11500.00
0?52,271,605,Q0
som
0
O
0°R ALLOWANCE FOR
Si7URMAL $2,271,W.04
ENC�INEERiNCs SZ27,160.50
3227160.50
$0.00
Z CD
v p CL
SUBTOTAL $2,4a
52TS324783
50.00
;1 c
O
13% H.S.T.
TOTAL $2,823,605.22
M
50.40
O —n
2,823,605.42
- $0.00
N m 3
v
co
zzv
z m 0
m
�vCD
W
M u
z a.
-� <.
cl)'
fl!E # 5019 Sa51
om
3
s18J2014
SCHEDULE "E"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND
HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT
CORPORATION
LIST OF LOTS REQUIRING SPECIAL ATTENTION
1. Block 62 is for future development through consolidation with adjacent lands.
SCHEDULE "F"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND
HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT
CORPORATION
DEVELOPMENT CHARGES
The Developer acknowledges and agrees that the following development charges are
payable on a per -lot basis prior to the issuance of the first Building Permit for each
particular lot, unless alternative arrangements with the body enacting the By -Law
relating to development charges or education development charges, which
arrangements have been brought to the attention of the Chief Building Official, all
charges are 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 By-law [#3203-00] of the
Simcoe-Muskoka Catholic District School Board at the rate that applies upon the
issuance of the first Building Permit with respect to each lot upon which
educational development charges are payable; and
(iii) Educational development charges in accordance with By-law #3 (2000) of the
Simcoe County District School Board at the rate that applies upon the issuance of
the first Building Permit with respect to each lot upon which educational
development charges are payable.
Please also be 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
HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT
CORPORATION
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 to the Township:
1. Block 64, Plan 51 M- , for Temporary Turning Circle
2. Blocks 65, 66, 67, 68 and 69, Plan 51 M- , for 0.3 metre reserves
The following easements shall be conveyed to the Township:
1. Part 1, Lot 24 AND Part 2, Lot 25 Plan
2. Part 4, Lot 39 AND Part 5, Lot 40 Plan
3. Part 2, Block 63 AND Parts 3 & 4, Lot 1 Plan
The following easements shall be conveyed to Hydro One:
1. Part 5, Lot 3 Plan
2. Part 3, Lot 37 Plan
3. Part 6, Lot 39 Plan
4. Part 7, Block 60 Plan
5. Part 8, Block 59 Plan
6. Part 9, Lot 7 Plan
7. Part 10, Block 62 Plan
8. Parts 11 & 12, Lot 44 Plan
9. Parts 13 & 14, Lot 3, Concession 4 Plan
The following roadways shall be deeded to the Township:
1. Landscape Drive, Plan 51 M-
2. Oakmont Avenue, Plan 51 M-
3. Horseshoe Ridge Way, Plan 51 M-
4. Boville Court, Plan 51 M-
5. Ponytail Court, Plan 51 M-
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
HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT
CORPORATION
PARKLAND
Cash in lieu in the amount of $ $5,660.00 or alternative land dedication to Township of
Oro-Medonte
49
SCHEDULE "I"
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION jo,�2� i-�o LIDC,15:
CONSULTING ENGINEER ft
As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE AND HORSESHOE VALLEY HOMES LTD. AND ROMSPEN
INVESTMENT CORPORATION
The Developer(s) dated
9. 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
Engineering Consultant and more specifically in accordance with the following
schedule and conditions:
a) Before any building erected on the lots or blocks in the Plan are occupied
all the Requirements for Occupancy, as set out in Clause 8.5, shall be
complied with.
b) Granular "B" and Granular "A" on or before
c) Grading, topsoiling and seeding of private blocks on or before
d) Boulevard sodding on all roads on or before
e) Base Lift of Asphalt on or before
f) Planting of trees on or before
g) Stormwater Pond Expansion Works 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;
50
4. The Developer further agrees and the Township is hereby authorized to
undertake any of the maintenance work as set out under Item 3 hereof, not
completed by him within 24 hours after receipt of such request for maintenance,
at his expense, and without limiting the generality of the foregoing, the
Township's cost shall be the cost of materials, equipment rental, labour, payroll
burden, plus 20% for overhead;
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 TWO HUNDRED
DOLLARS ($200.00) 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,
jf5OPEEN INVESTMENT
CORPORATION
�1 kv, 6vpok
ADS LTD.
NAK,K) 4f "-6j
Jk l� 22e 2a
Seal or Witness Date
51
SCHEDULE "J"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND HORSESHOE VALLEY LANDS LTD.
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
DATE OF ISSUE:
NAME OF BANK:
ADDRESS OF BANK:
LETTER OF CREDIT NO.:
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
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
LRO # 51 Notice Of Subdivision Agreement Receipted as SC1158011 on 2014 09 05 at 14:21
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 55
I Applicant(s) I
The notice is based on or affects a valid and existing estate, right, interest or equity in land.
Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Address for Service 148 Line 7 South
ORO-MEDONTE ON LOL 2EO
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation by its Mayor, H. S. Hughes and by its Clerk, J. Douglas Irwin.
Party To(s) Capacity Share
Name HORSESHOE VALLEY LANDS LTD.
Address for Service 1101 Horseshoe Valley Road, Comp. 50
BARRIE ON L4M 4Y8
Statements
This notice is for an indeterminate period
Schedule: See Schedules
Signed By
Klaus Nick Jacoby
Tel 7057260238
Fax 7057269197
34 Clapperton St., P.O. Box 350,
Stn. Main
Barrie
L4M 4T5
I have the authority to sign and register the document on behalf of all parties to the document.
acting for Signed 2014 09 05
Applicant(s)
Properties
PIN
74055 - 0248 LT
F✓
Redescription
Description
LOTS 1 TO 57 INCLUSIVE AND BLOCKS 58 TO 69 INCLUSIVE, PLAN 51 M-1035,
ORO-MEDONTE
Address
SHANTY BAY
PIN
74055 - 0250 LT
Redescription
Description
LOTS 1 TO 57 INCLUSIVE AND BLOCKS 58 TO 69 INCLUSIVE, PLAN 51 M-1035,
ORO-MEDONTE
Address
SHANTY BAY .
-PIN
74055 - 0120 LT
Affects Part of Prop
Description
LOTS 1 TO 57 INCLUSIVE AND BLOCKS 58 TO 69 INCLUSIVE, PLAN 51 M-1035,
ORO-MEDONTE
Address
SHANTY BAY
PIN
74055 - 0254 LT
n✓
Affects Part of Prop
Description
LOTS 1 TO 57.INCLUSIVE AND BLOCKS 58 TO 69 INCLUSIVE, PLAN 51 M-1035,
ORO-MEDONTE
Address
SHANTY BAY
I Applicant(s) I
The notice is based on or affects a valid and existing estate, right, interest or equity in land.
Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Address for Service 148 Line 7 South
ORO-MEDONTE ON LOL 2EO
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation by its Mayor, H. S. Hughes and by its Clerk, J. Douglas Irwin.
Party To(s) Capacity Share
Name HORSESHOE VALLEY LANDS LTD.
Address for Service 1101 Horseshoe Valley Road, Comp. 50
BARRIE ON L4M 4Y8
Statements
This notice is for an indeterminate period
Schedule: See Schedules
Signed By
Klaus Nick Jacoby
Tel 7057260238
Fax 7057269197
34 Clapperton St., P.O. Box 350,
Stn. Main
Barrie
L4M 4T5
I have the authority to sign and register the document on behalf of all parties to the document.
acting for Signed 2014 09 05
Applicant(s)
LRO # 51 Notice Of Subdivision Agreement Receipted as SC1158011 on 2014 09 05 at 14:21
The applicant(s) hereby applies to the Land Registrar yyyy mm dd Page 2 of 55
Signed By
Klaus Nick Jacoby 34 Clapperton St., P.O. Box 350, acting for Signed 2014 09 05
Stn. Main Party To(s)
Barrie
L4M 4T5
Tel 7057260238
Fax 7057269197
I have the authority to sign and register the document on behalf of all parties to the document.
Submitted By I
JACOBY & JACOBY, BARRISTERS & SOLICITORS 34 Clapperton St., P.O. Box 350, 2014 09 05
Stn. Main
Barrie
L4M 4T5
Tel 7057260238
Fax 7057269197
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
I File Number I
Party To Client File Number: JK -20,593
cn
Cp L C
c 07 -0
,'� L MC
Is.) ) C pz
c7O
po 00 W N-11
N
300INIS 30 A.NnOO
31NOO N 01:10 30 dIHSNMOI
SONVI AO NOIldI OS3a
ROMSPEN INVESTMENT CORPORATION
2
rn
n
0
0
O
0
'Z1
--i
m
O Q
0
-n
0
v
0
rn
HORSESHOE VALLEY LANDS LTD.
•
otti
-0 0
0 0 A
-0 0N
3 A . -1
-A, o Cp
N 0 'o
rn
a) --A -An
ca
a�o° C- -Sa= N s c
c "0
. o
v
a ra
0%m 0
Z
S o 0 m, ':0 o. �a-n I,
- v 0)
t 3 o -o
n N f �, vo ' ca 0 '1o N ¢ 0 II G
S % 0 S.. r,mo- 0 cao N VI
O 30°o 00�Zv0 °0 -0 N z. r 0 0 Ca v 2
cri ig
g. r 0 C) 0 `• f'„ co a q t7 c� y
o° o 3 - ° °coo r o 0 o N
r• '0 S o (ta -Q 0 0. .- th o
° n ° o N m o- N 3
N o (I)°Cr
CO
.4 N O -..e, Gr,
r CD r 6 m 0 ?.
el'
o- 0 o v
° o o� � «
o
o
0: �0 0 0- o a
U)