2015-108 Subdivision Agreement with 2008628 Ontario LtdThe Corporation of the Township of Oro-Medonte
By-law No. 2015-108
A By-law to Amend 2010-059, "A By-law to Authorize the Execution of an
Subdivision Agreement between the Corporation of the Township of Oro-Medonte
and 2008628 Ontario Ltd."
Whereas Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P. 13,
as amended, provides that municipalities may enter into agreements imposed as a
condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies being Phase 2 of the
Diamond Valley Estates Development (Plan 51 M-957), Township of Oro-Medonte,
County of Simcoe.
And Whereas Council of the Corporation of the Township of Oro-Medonte authorized
the execution of a Subdivision Agreement with 2008628 Ontario Ltd. by By-law 2010-
059 in March 2010;
And Whereas Council of the Corporation of the Township of Oro-Medonte authorized
an amendment to the Subdivision Agreement with 2008628 Ontario Ltd. by By-law
2013-100 in June 2013 for the required works identified for Phase 2 of the Diamond
Valley Estates Development;
And Whereas Council of the Corporation of the Township of Oro-Medonte authorized
an amendment to the Subdivision Agreement with 2008628 Ontario Ltd. by By-law
2014-077 in May 2014 for the required works identified for Phase 3 of the Diamond
Valley Estates Development;
And Whereas Council deems it necessary to amend Schedule "D" of By-law 2010-059
to itemize the cost for the required works identified for Phase 4 of the Diamond Valley
Estates Development;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. That Schedule "D" to By-law 2010-059 be deleted and replaced with Schedule
"A" entitled "Schedule D — the Amended Subdivision Agreement", a copy of
which is attached hereto and forms part of this By-law as Schedule "A", be
registered on title against the lands described therein;
2. That Section 6.1 of the Amended Subdivision Agreement be amended by
deleting paragraph 4 which begins with "The subdivision is to be developed in the
following Phases:" and replaced with the following: "The subdivision is to be
developed in Phases as follows:
Phase 1 Total of 29 Lots
Lots 1-15 Diamond Valley Drive
Lots 97-99 Diamond Valley Drive
Lots 118-128 Diamond Valley Drive
Phase 2 Total of 18 Lots
Lots 100-117 Emerald Terrace
Phase 3 Total of 20 Lots
Lots 16-24 Topaz Court
Lots 25-26 Diamond Valley Drive
Lots 85-92 Opal Court
Lot 93 Diamond Valley Drive
Phase 4 Total of 32 Lots
Lots 27-32 Diamond Valley Drive
Lots 45-64 Diamond Valley Drive
Lots 79-84 Diamond Valley Drive
All future phases to be the subject of review and approval by the Township of
Oro-Medonte and additional amendments to Section 6.1 and Schedule "D" of the
Subdivision Agreement."
3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of
the Amended Subdivision Agreement against the owners and any and all
subsequent owners of the land;
4. This by-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 10th day of June,
2015.
The Corporation of the Township of Oro-Medonte
es
rk, J4 WLiglas Irwin
Schedule "A"
to By-law No. 2015-108 for
The Corporation of the Township of Oro-Medonte
SCHEDULE "D" to By-law 2010-059
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2008628 ONTARIO LTD.
LETTER OF CREDIT VALUE
FOR
DIAMOND VALLEY ESTATES - PHASE 2015-04 CONSTRUCTION
PARTS OF PHASE 3, 4, 5 AND 6 (LOTS 27 TO 32,45 TO 64 & 79 TO 84)
TOWNSHIP OF ORO-MEDONTE
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:
LETTER OF CREDIT RETAINED
D Remaining Outstanding Work $1,469,332.09
10% of Completed Work $0.00
RETAINED BY TOWNSHIP $1,469,332.09
60118278 5/22/2015
Original
Remaining
Completed
Outstanding
Work
Work
A) Roadway Works including clearing and grubbing,
excavation, granular road base material, and
two lits of asphalt ..............................................
$350,537.60
350,537.60
$0.00
B) Storm Drainage Works complete including
driveway culverts, topsoil and sod ditches, topsoil,
seed and mulch boulevards and siltation and
erosion control devices.. ......... — ..........................
$418,456.25
418,456.25
$0.00
C) Water Works including watermains, valves,
hydrants and valves, water services ......................
$179,503.00
179,503.00
$0.00
D) Miscellaneous items such as street name
regulatory signs .................................................
$151,628.50
151,628.50
$0.00
E) Electrical Supply including street lights,
control panels and duct crossings .........................
$81,960.00
81,960.00
$0.00
SUB -TOTAL
$1,182,085.35
$1,182,085.35
$0.00
F) 10% Allowance for Engineering and Supervision
$118,208.54
$118,208.54
$0.00
TOTAL
$1,300,293.89
$1,300,293.89
$0.00
13% HST
$169,038.21
$169,038.21
$0.00
TOTAL COST
$1,469,332.09 $1,469,332.09
$0.00
LETTER OF CREDIT RETAINED
D Remaining Outstanding Work $1,469,332.09
10% of Completed Work $0.00
RETAINED BY TOWNSHIP $1,469,332.09
60118278 5/22/2015
Schedule "A"
to By-law No. 2015-108 for
The Corporation of the Township of Oro-Medonte
SCHEDULE "D" to By-law 2010-059
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2008628 ONTARIO LTD.
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to By-law No. 2015-108 for
The Corporation of the Township of Oro-Medonte
SCHEDULE "D" to By-law 2010-059
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2008628 ONTARIO LTD.
Schedule "A"
to By-law No. 2015-108 for
The Corporation of the Township of Oro-Medonte
SCHEDULE "D" to By-law 2010-059
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2008628 ONTARIO LTD.
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Schedule "A"
to By-law No. 2015-108 for
The Corporation of the Township of Oro-Medonte
SCHEDULE "D" to By-law 2010-059
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2008628 ONTARIO LTD.