2016-030 Authorize the Execution of a Pre-Servicing Agreement with South Shore Isabella Estates IncThe Corporation of the Township of Oro-Medonte
By-law No. 2016-030
A By-law to Authorize the Execution of a Pre -Servicing Agreement with South
Shore Isabella Estates Inc. — Draft Plan of Subdivision for PCL 5-1 SEC 51 -MED -
14; PT LT 5 CON 14 MEDONTE PT 1 51 R6537 EXCEPT 51 M314; S/T LT 184911;
ORO-MEDONTE PIN 58530-0140 LT, Township of Oro-Medonte, County of Simcoe
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;
And Whereas the Council of the Township of Oro-Medonte deems it advisable to enter
into a Pre -Servicing Agreement with South Shore Isabella Estates Inc. for the following
lands: Draft Plan of Subdivision for PCL 5-1 SEC 51 -MED -14; PT LT 5 CON 14
MEDONTE PT 1 51 R6537 EXCEPT 51 M314; S/T LT 184911; ORO-MEDONTE PIN
58530-0140 LT, Township of Oro-Medonte, County of Simcoe;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Oro-Medonte, a Pre -Servicing Agreement, a copy of which is
attached hereto and forms part of this By-law as Schedule `A'.
2. That the Township of Oro-Medonte shall be entitled to enforce the provisions of
the Pre -Servicing Agreement against the owners of the land;
3. This by-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 2"d day of March,
2016.
The Corporation of the Township of Oro-Medonte
Mayor, HA g es
\t
Dep ty Clerk, Janette Teeter
PRE -SERVICING AGREEMENT
- between -
SOUTH SHORE ISABELLA ESTATES INC.
-and-
THE CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE
PCL 5-1 SEC 51 -MED -14; PT LT 5 CON 14 MEDONTE PT 1 51R6537
EXCEPT 51M314; S/T LT 184911; ORO-MEDONTE
PIN 58530-0140 LT
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
March 2, 2016
By -Law No. 2016-030
PRE -SERVICING AGREEMENT
THIS AGREEMENT MADE BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
- and -
SOUTH SHORE ISABELLA ESTATES INC.
(hereinafter called the "Township")
(hereinafter called the "Developer")
WHEREAS the Developer is the registered owner of the lands described in Schedule
"A" attached (the "Subdivision Lands");
AND WHEREAS the Developer desires to commence installing municipal services
within the Subdivision Lands, prior to the registration of the Plan of Subdivision and the
execution of the Subdivision Agreement with the Township;
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
1. ASSUMPTION OF RISK BY DEVELOPER
1.1 The Developer agrees to assume all risk in commencing installation of Township
services, as defined in Article 1.4 hereof, on the Subdivision Lands, prior to the
execution of a Subdivision Agreement with the Township and the registration of
the Plan of Subdivision. The Developer hereby releases the Township, its
agents, servants and employees from and against all actions, suits, claims and
demands whatsoever, which may arise either directly or indirectly as a result of
the installation of Township services by the Developer.
1.2 The Developer acknowledges and agrees that, in the event that a Subdivision
Agreement with the Township is not finalized for any reason and the Plan of
Subdivision is not registered as a result, pre -servicing of the Subdivision Lands
shall cease immediately.
1.3 The Developer acknowledges and agrees that Engineering design plans and
specification for the Township services to be installed by the Developer, as
submitted to the Township, in accordance with the terms of this Agreement, may
require further amendment as a result of requirements imposed by the Township
under the terms of the Subdivision Agreement to be entered into for the
Subdivision Lands. The Developer covenants and agrees to assume all risk and
responsibility for the cost of required revisions to the Engineering design
drawings and specifications for the Township services, together with the costs of
modifying, reconstructing, removing and/or replacing the Township services
installed by the Developer, pursuant to the terms of this Agreement, in order to
satisfy the requirements finally imposed by the Township at the time that the
Subdivision Agreement is entered into.
The Engineering Design plans are as follows:
C.C. TATHAM & ASSOCIATES LTD. (Contract No. 311808-2)
TITLE PAGE
INDEX SHEET
DRAFT LEGAL PLAN 51 M -
General Servicing Plans
General Servicing Plan GS -1
Siltation and Erosion Control
Siltation and Erosion Control Plan SC -1
Stormwater Management Plans
Stormwater Management Plan and Details SWM -1
Stormwater Sewer Drainage Plan STM -1
Lot Grading
Lot Grading Plan LG -1
Water Svstem
Water Distribution and Testing Plan WAT-1
Plan and Profile Drawinas
Plan and Profile Grace Crescent
PP -1
Plan and Profile Grace Crescent
PP -2
Plan and Profile Dylan Avenue
PP -3
Plan and Profile Watermain Easement
PP -4
Plan and Profile Line 13 North
PP -5
Designs Standards Drawinas
Notes and Details
DE -1
Details
DE -2
Details
DE -3
Details
DE -4
Details
DE -5
Landscaping
Street Tree Planting Plan LP -1
SWM Pond Planting Plan LP -2
Landscape Details LD -1
Electrical
Lighting Layout Plan E1
Lighting Details and Specification E2
Utilities
Hydro One Networks Inc. 00340-14-127
Enbridge Gas (3) 5.11280048
Rogers Communications S150316 -D1
Bell Canada (10 —11x17) 201-203, 501,601-605, 701
Accepted for Construction by AECOM on December 17, 2015
1.4 The Developer acknowledges and agrees that this Agreement relates to and
permits the installation of the following Township services on the Subdivision
Lands:
1. Site preparation (clearing and grubbing, strip, load, transport and stockpile
topsoil);
2. Earthworks (site grading and excavation);
3. Road works;
4. Installation of Watermains; and
5. Drainage Works, storm sewers and stormwater management works.
1.5 The Developer acknowledges and agrees that no work shall be carried out on
any existing Township right-of-way, and that there shall be no connection to
services on any Township right-of-way.
1.6 The Developer acknowledges and agrees that no work shall be carried out on
lands not owned by the Developer, without the written consent of the owner to be
filed with and approved by the Township.
1.7 The Developer acknowledges and agrees that all Servicing Plans must comply
with Federal, Provincial and Township laws, By-laws, standards and policies.
2. REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK
2.1 The Developer agrees to submit the following to the Township, in a form
satisfactory to the Township, prior to the commencement of the installation of
Township services on the Subdivision Lands:
a) A letter from a qualified Engineer experienced in the field of Township
services confirming:
1. Retainer - That their firm has been retained by the Developers to act as
Consulting Engineers for South Shore Isabella Estates Inc.
2. Terms of Retainer - The terms of their retainer with the Developer as
follows:
a) Plans and Specifications - Prepare plans and specifications for the
construction of Township services;
b) Cost Estimates - Prepare cost estimates for the Township services
to be constructed from the drawings;
c) Approvals - Obtain all necessary approvals to construct;
d) Co-ordination - Co-ordinate the installation of Township services to
avoid conflicts with regards to telephone, cable T.V., and Township
services;
e) On -Site Inspections - Ensure that all on-site inspections of
Township service installations are conducted by the Developer's
Consulting Engineers at all times during construction;
f) As -Constructed Drawings - Submit certified "as -constructed"
drawings after acceptance of the Township services;
g) Change in Retainer — If at any time during the project:
i) The terms of their retainer are changed by the Developer, or;
ii) If they become aware that they will not be able to provide "as
constructed" drawings, they will notify the Township within
twenty-four (24) hours;
h) Erosion and Siltation Control - Ensure all necessary precautions are
taken to prevent erosion and sedimentation of sewers, ditches,
culverts, slopes, etc., both within the subdivision and downstream,
prior to and during construction.
b) Confirmation letters are to be filed with the Township Clerk, confirming the
following:
1) The Township Engineering Consultant has no objection to the pre -
servicing;
2) The Planning Division has no objection to the pre -servicing;
3) The Nottawasaga Valley Conservation Authority has no objection to the
pre -servicing; and
4) The Township Solicitor has no legal objections to the pre -servicing.
c) Payment of cash or certified cheque required to cover the cost of the
Township's lawyer and Planner for all costs involved in processing the Pre -
Servicing Agreement, and for all the Township Engineering Consultant for
checking of plans, specifications and inspection on behalf of the Township for
the sum of Ten Thousand Dollars ($10,000). As accounts are received from
the Township Planner, lawyer, and Engineering Consultant, they will be paid
by the Township and then submitted to the Developer for reimbursement
within thirty (30) days. In the event that the deposit is drawn down to a level
of Five Thousand Dollars ($5, 000) or less, and the Developer does not pay
the accounts within thirty (30) days, it is hereby understood and agreed that
the Developer is in default of this Agreement and all work must cease;
d) A Letter of Credit, as per Schedule "C", in the amount set out in Schedule "B",
attached, as security to ensure the due completion of the Township services
to be constructed by the Developer, and as security to be held by the
Township for the warranty periods to be more particularly described in the
Subdivision Agreement for the Subdivision Lands. The said Letter of Credit
shall provide that if in the sole opinion of the Township, default under the
terms of this Agreement has taken place, the said Letter of Credit may
thereupon be drawn upon in whole or in part;
e) A certified copy of an insurance policy, or a certificate of insurance, confirming
comprehensive general liability in the amount of Five Million Dollars
($5,000,000.00), naming the Township as co-insured, and containing the
following additional provisions or endorsements:
1) Products/Completed Operations provisions;
2) Cross -liability clause;
3) Blasting included, only if done by an independent contractor;
4) Notice of Cancellation - a provision that the insurance company agrees
to notify the Township within fifteen (15) days, in advance, of any
cancellation or expiry of the said insurance policy.
f) All Servicing Plans shall be submitted to and accepted by the Township
Engineering Consultant;
3. INSPECTION BY THE TOWNSHIP
3.1 The Developer agrees to permit unrestricted access to the Subdivision Lands to
the Township and its agents for the purpose of inspection of the Township
services to be installed by the Developer. Notwithstanding that inspections may
be conducted by the Township or its agents, the Developer shall bear sole
responsibility for the soundness of the Engineering design of the Township
services, and for ensuring that the Township services to be installed will function,
as intended, and will be compatible with the final Plan of Subdivision when and if
such Plan of Subdivision is approved.
3.2 If, in the opinion of the Township, there is an emergency situation as a result of
any work undertaken by the Developer or its servants, or agents, which requires
immediate attention to avoid damage to private or public property or services
owned by the Township or to eliminate a potential hazard to persons, such work
may be done immediately by the Township at the expense of the Developer, but
notice shall be given to the Developer at the earliest possible time.
4. APPLICATION OF SECURITY
4.1 In the event of default by the Developer under the terms of this Agreement, or if
the Township is required to enter onto the Subdivision Lands or the abutting
Township lands to conduct any work on the Township services or the connection
of the Township services to facilities due to an emergency, the Township shall be
entitled to draw upon the security posted by the Developer pursuant to the terms
of this Agreement, in whole or in part, to cover the costs incurred by the
Township in remedying the default on the part of the Developer, or in addressing
the emergency situation.
5. NO REDUCTION OF SECURITY
5.1 The Developer acknowledges and agrees that no reduction in the amount of
security filed by the Developer with the Township, in accordance with the terms of
this Agreement, shall be permitted until such time as the Developer has entered
into the Subdivision Agreement for the Subdivision Lands with the Township.
Thereafter, any reductions in the security posted by the Developer shall be
completed in accordance with the terms of the said Subdivision Agreement.
6. NO ASSUMPTION OF TOWNSHIP SERVICES
6.1 The Developer acknowledges and agrees that the Township shall not be required
to assume the Township services to be constructed by the Developer, pursuant
to the terms of this Agreement, until such time as the Developer has entered into
a Subdivision Agreement with the Township for the Subdivision Lands, and the
Township services have been completed, inspected, and approved.
NOTICE
7.1 Any notice required to be given pursuant to this Agreement may be given by
prepaid registered post to the Developer at the following address:
South Shore Isabella Estates Inc.
4 Merrington Avenue
C)fU rfl�cic,�4L+�' Ontario
L3V 6442
025
and such notice shall be deemed to have been given and received on the third
day after mailing.
8. NO ASSIGNMENT
8.1 The Developer shall not assign or otherwise transfer the benefit of this
Agreement without the written consent of the Township, which may be
unreasonably withheld.
IN WITNESS WHNREOF the Developer has hereunto set its hands and seals this
day of re- a u cc u L� 2016.
SOUTH SHORE_ISASTES INC.
r:
(si ture)
Name: �CA , (print)
Position: Z 1 (print)
I have authority to bind the corporation
IN WITNESS WHEREOF the Township has hereunto sets its hands and seals this 2nd
day of March, 2016.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Uqr
H.S. Hughes, Mayor
J. Douglas Irwin, Clerk
SCHEDULE "A"
DESCRIPTION OF LANDS:
PCL 5-1 SEC 51 -MED -14; PT LT 5 CON 14 MEDONTE PT 1 51R6537
EXCEPT 51M314; S/T LT 184911; ORO-MEDONTE
PIN 58530-0140 LT
SCHEDULE "B"
CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP:
Township's lawyer and Planner for all costs involved in processing the Pre -
Servicing Agreement, and for all the Township's Engineers for checking of plans,
specifications and inspection on behalf of the Township.
$10,000
TOTAL CASH DEPOSITS TO THE TOWNSHIP $10,000
2. A Letter of Credit as security to ensure the due completion of the Township
services to be constructed by the Developer, and as security to be held by the
Township for the warranty periods to be more particularly described in the
Subdivision Agreement for the Subdivision Lands.
SECURITY TO BE DEPOSITED WITH THE TOWNSHIP $ 397,007.33