06 01 2016 Council Agenda
The Township of Oro-Medonte
Council Meeting Agenda
Council Chambers
Wednesday, June 1, 2016
Immediately Following the
Development Services Committee
Meeting
Page
1. Call to Order - Moment of Reflection:
2. Adoption of Agenda:
a) Motion to Adopt the Agenda.
3. Disclosure of Pecuniary Interest:
4. Minutes of Council and Committees:
3 - 6a) Minutes of Council meeting held on Wednesday May 4, 2016.
b) Recommendations of the Development Services Committee meeting held on
Wednesday, June 1, 2016.
5. By-Laws:
7 - 10a) By-law No. 2016-088: A By-law to Authorize the Issuance of the Certificate
of Substantial Completion and Acceptance (Municipal Underground
Services) for Reid Equipment Solutions, Plan 51M-1047.
11 - 12 b) By-law No. 2016-089: A By-law to Remove a Holding provision on the lands
described as follows: Part of Lot 15, Concession 9, Medonte, PT 1 and 3,
51R-27984; S/T RO586644, Oro-Medonte, County of Simcoe, Pin 58523-
ge Subdivision), Registered Plan 51M-1047,
Township of Oro-Medonte, County of Simcoe.
13 - 14 c) By-law No. 2016-090: A By-law to allow a Temporary Use for a Garden
Suite by Margaretha Sheldrake On lands described as follows: Concession
1, West Part Lot 32 (Oro) 2309 Penetanguishene Road Township of Oro-
Medonte, County of Simcoe under Section 34 and 39 of the Planning Act,
R.S.O. 1990, c.P.13, as amended Roll No. 4346-010-001-07300.
15 - 21 d) By-law No. 2016-091: A By-law to Authorize the Execution of a Temporary
Use By-Law Agreement (Garden Suite) Between the Township of Oro-
Medonte and Randy and Bonnie Sheldrake On lands described as follows:
Concession 1, West Part Lot 32 (Oro) 2309 Penetanguishene Road
Township of Oro-Medonte, County of Simcoe under Section 34 and 39 of the
Planning Act, R.S.O. 1990, c.P.13, as amended Roll No. 4346-010-001-
Page 1 of 73
Council Meeting Agenda - June 01, 2016
07300.
22 - 72 e) By-law No. 2016-092: A By-law to Authorize the Execution of a Subdivision
Agreement between the Corporation of the Township of Oro-Medonte and
South Shore Isabella Estates Inc.
6. Closed Session Items:
None.
7. Confirmation By-Law:
73 a) By-Law No. 2016-084: Being a By-Law to Confirm the Proceedings of the
Council Meeting held on Wednesday, June 1, 2016.
8. Adjournment:
a) Motion to Adjourn.
Page 2 of 73
4.a) Minutes of Council meeting held on Wednesday May 4, 201...
Page 3 of 73
4.a) Minutes of Council meeting held on Wednesday May 4, 201...
Page 4 of 73
4.a) Minutes of Council meeting held on Wednesday May 4, 201...
Page 5 of 73
4.a) Minutes of Council meeting held on Wednesday May 4, 201...
Page 6 of 73
5.a) By-law No. 2016-088: A By-law to Authorize the Issuance...
The Corporation of the Township of Oro-Medonte
By-law No. 2016-088
A By-law to Authorize the Issuance of the Certificate of Substantial Completion
and Acceptance (Municipal Underground Services) for Reid Equipment Solutions,
Plan 51M-1047
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 Council for the Corporation of the Township of Oro-Medonte entered into
a Subdivision Agreement with Reid Equipment Solutions in March 2015 for a thirteen
(13) residential lots on .
AND WHEREAS the requirements of this Subdivision Agreement with respect to the
underground works have now been met;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. That the Certificate of Substantial Completion and Acceptance (Municipal
Underground Services) for Reid Equipment Solutions, Plan 51M-1047 may now
be issued by the Township Engineers (AECOM) in compliance with the
Subdivision Agreement between the Corporation of the Township of Oro-
Medonte and 2353970 ONTARIO INC. (Reid Equipment Solutions).
2.
Acceptance (Municipal Underground Services) shall form part of this By-Law.
3. This by-law shall take effect on the final passing thereof.
st
By-law read a First, Second and Third time, and Passed this 1 day of June, 2016.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 7 of 73
5.a) By-law No. 2016-088: A By-law to Authorize the Issuance...
to By-law No. 2016-088 for
The Corporation of the Township of Oro-Medonte
Page 8 of 73
5.a) By-law No. 2016-088: A By-law to Authorize the Issuance...
Page 9 of 73
5.a) By-law No. 2016-088: A By-law to Authorize the Issuance...
Page 10 of 73
5.b) By-law No. 2016-089: A By-law to Remove a Holding provi...
The Corporation of the Township of Oro-Medonte
By-law No. 2016-089
A By-law to Remove a Holding provision on the lands described as follows:
Part of Lot 15, Concession 9, Medonte, PT 1 and 3, 51R-27984; S/T
RO586644, Oro-Medonte, County of Simcoe, Pin 58523-0192 (LT); (known
as Subdivision), Registered Plan 51M-1047, Township of Oro-
Medonte, County of Simcoe
Whereas the Council of the Corporation of the Township of Oro-Medonte is
empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of
the Planning Act, R.S.O. 1990, c.P.13.
And Whereas Council deems it appropriate to remove the Holding provision applying to
the subject lands;
Now Therefore the Council of the Corporation of the Township of Oro-Medonte enacts
as follows:
1. 24-law No. 97-95 as amended, is hereby further amended
by removing the Holding provision applying to lands known as Part of Lot 15,
Concession 9, Medonte, PT 1 and 3, 51R-27984; S/T RO586644, Oro-Medonte,
County of Simcoe, Pin 58523-0192 (LT),
Township of Oro-Medonte, County of Simcoe
hereto and forming part of this By-law.
2. This By-law shall come into effect upon the date of passage hereof, subject to the
provisions of the Planning Act, as amended.
st
By-law read a First, Second and Third time, and Passed this 1 day of June, 2016.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 11 of 73
5.b) By-law No. 2016-089: A By-law to Remove a Holding provi...
to By-law No. 2016-089 for
The Corporation of the Township of Oro-Medonte
TOWNSHIP OF ORO-MEDONTE
Page 12 of 73
5.c) By-law No. 2016-090: A By-law to allow a Temporary Use ...
The Corporation of the Township of Oro-Medonte
By-law No. 2016-090
A By-law to allow a Temporary Use for a Garden Suite
by Margaretha Sheldrake
On lands described as follows:
Concession 1, West Part Lot 32 (Oro)
2309 Penetanguishene Road
Township of Oro-Medonte, County of Simcoe
under Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended
Roll No. 4346-010-001-07300
Whereas an application has been submitted to the Township of Oro-Medonte to
establish a temporary use;
And Whereas the Official Plan for the Township of Oro-Medonte contains certain
policies which allow for the establishment of temporary uses;
And Whereas Section 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended, in
accordance with Section 34, provides the authority to establish temporary uses;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. Notwithstanding the permitted uses of By-law 97-95, as amended, as they apply
to lands described as Concession 1, West Part Lot 32 (Oro), as shown on
2. -law.
3. This By-law is enacted by Council and in accordance with the Planning Act,
R.S.O. 1990 c.P.13, will take effect from the date of passing of the By-law and
hereby repealed 10 years from the date of passing of this By-law.
st
By-law read a First, Second and Third time, and Passed this 1 day of June, 2016.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 13 of 73
5.c) By-law No. 2016-090: A By-law to allow a Temporary Use ...
to By-law No. 2016-090 for
The Corporation of the Township of Oro-Medonte
Page 14 of 73
5.d) By-law No. 2016-091: A
By-law to Authorize the Executio...
The Corporation of the Township of Oro-Medonte
By-law No. 2016-091
A By-law to Authorize the Execution of a Temporary Use By-Law Agreement
(Garden Suite) Between the Township of Oro-Medonte and Randy and Bonnie
Sheldrake
On lands described as follows:
Concession 1, West Part Lot 32 (Oro)
2309 Penetanguishene Road
Township of Oro-Medonte, County of Simcoe
under Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended
Roll No. 4346-010-001-07300
Whereas Section 39 of The Planning Act, R.S.O 1990 c. P. 13, as amended provides
for the entering into of an agreement under Section 207.2 of the Municipal Act, 1994,
c.2, s.44 (1), and Council deems it necessary to enter into an agreement on the lands
described herein;
And Whereas Council for the Corporation of the Township of Oro-Medonte established
Temporary Use By-law policies in the Official Plan for the Township;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. That the Township enter into the Temporary Use By-law Agreement attached
2. That the Mayor and Clerk are hereby authorized to execute the Temporary Use By-
law Agreement, and amendments, on behalf of the Corporation of the Township of
Oro-Medonte;
3. That -law;
4. This By-law shall take effect on the final passing thereof.
st
By-law read a First, Second and Third time, and Passed this 1 day of June, 2016.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 15 of 73
5.d) By-law No. 2016-091: A
By-law to Authorize the Executio...
to By-law No. 2016-091 for
The Corporation of the Township of Oro-Medonte
Page 16 of 73
5.d) By-law No. 2016-091: A
By-law to Authorize the Executio...
Schedule -law No. 2016-091
st
This Agreement made the 1 day of June, 2016
Between Randy Arthur Sheldrake and
Bonnie Jean Sheldrake
of the first part
And
Margaretha Sheldrake
of the second part
And
The Corporation of the Township
of Oro-Medonte
hereinafter called the
of the third part
Whereas the Council of the Municipality has received an Application to
temporarily re-zone a parcel of land as more particularly described in Schedule
Planning Act, R. S.0, 1990, as amended, to authorize the Temporary use of a
Garden Suite;
And Whereas pursuant to subsection 39 (1.2) of the Planning Act, the Council of
the Municipality may require the owner of the Garden Suite, or any other person
to enter into an Agreement with the Municipality under. Section 207.2 of the
Municipal Act;
And Whereas the lands are being purchased by the owner and the owner and
the occupant have consented to enter into this Agreement with the municipality
under the terms and conditions hereinafter set forth, as a condition of the transfer
of the rights and obligations of the temporary use by-law;
And Whereas the owner and the occupant have consented to enter into an
Agreement with the municipality under the terms and conditions hereinafter set
forth, as a condition of the temporary re-zoning to authorize the use of a Garden
Suite upon the Subject Lands;
Not Therefore consideration of the temporary re-zoning of the subject lands, the
Owner and the Occupant hereby covenant and agree with the Municipality as
outlined in this Agreement.
1. Definitions
1.1 "Garden Suite" means a one unit detached residential structure
containing bathroom and kitchen facilities that is ancillary to an
existing residential structure and that is designed to be portable.
1.2 "Permitted Temporary Use" means one mobile home, used as a
Garden Suite, in accordance with the terms of this Agreement and
the provisions of the Temporary Use By-law.
1.3 "Temporary Use By-law" means the by-law passed by the
Municipality pursuant to Sections 34 and 39 of the Planning Act to
authorize the permitted temporary use upon the subject lands.
2. Use, Installation, Maintenance and Removal of Garden Suite
2.1 The Owner and Occupant shall be responsible, at their sole cost for
the installation and maintenance of the Garden Suite upon the
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subject Lands in accordance with the by-laws of the Township in
effect from time to time, including but not limited to the Temporary
Use By-law, and all applicable Federal and Provincial legislation.
2.2 Subject to the terms of this Agreement and the Temporary Use By-
law, the permitted temporary use may be carried on upon the
Subject Lands from the date of the commencement of the Term of
this Agreement, as hereinafter defined.
2.3 The Owner and Occupant shall remove the Garden Suite from the
subject lands on or before the earlier of.
(a) in the event of default by the Owner or Occupant under -the
terms of
this Agreement or the provisions of the Temporary Use By-law,
the 30th day following written notice from the Township of the
termination of this Agreement;
(b) the 180th day following the date of death of the Occupant; or:
(c) the last day of the Term of this Agreement.
2.4 In the event that the Owner and occupant fail to remove the Garden
Suite from the Subject hands in accordance with the provisions of
this Agreement, the Municipality may enter upon the Subject Lands
to remove the Garden Suite, and all costs incurred by the
Municipality in connection therewith shall be recoverable from the
Owner pursuant to the provisions of Section 326 of the Municipal
Act, c.M. 45, R.S.O. 1990, as amended, whereby the costs incurred
will be added to the tax roll and collected in a like manner as taxes.
3. Term
3.1 The Term of this Agreement shall commence from the date of
execution by the Township and expiring on the day immediately
st
preceding the 1 day of June, 2026.
4. Occupancy of Garden Suite
4.1 The Owner and Occupant shall not permit the Garden Suite to be
occupied by any person other than the Occupant.
5. Default and Termination
5.1 In the event of default by the Owner or the Occupant under the
terms of this Agreement, which default shall not have been cured
by the Owner or Occupant within 30 days of written notice of default
from the Municipality, the Municipality shall have the right to
terminate this Agreement on 30 days notice in writing to the owner
and Occupant.
5.2 In the event of termination of this Agreement, the rights of the
Owner and Occupant to continue the permitted temporary use shall
immediately cease, and the Municipality shall be entitled to repeal
the Temporary Use By-law without further notice to the Owner or
Occupant.
6. Expenses of the Municipality
6.1 Every provision of this Agreement by which the owner or occupant is
obligated in any way shall be deemed to include the words "at the
expense of the Owner or Occupant" as the case may be, unless the
context otherwise requires.
6.2 The Owner and Occupant shall be responsible for and shall pay to
the Municipality on demand all costs incurred by the Municipality in
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connection with the preparation and enforcement of this Agreement
and the Temporary Use By-law.
6.3 The Owner and Occupant shall, on or before the execution of this
Agreement by the municipality, file with the Municipality a deposit in
the amount of $2500.00, which may be applied by the Municipality in
reduction of the costs incurred as set out above.
6.4 All costs and expenses exceeding the said $ 2500.00 deposit shall
be recoverable from the owner as described in Section 2.4.
7. Notice
All Notices to be given hereunder may be given by registered letter
addressed to:
Owner: Randy and Bonnie Sheldrake
2309 Penetanguishene Road
Barrie, Ontario L4M 4Y8
Occupant: Margaretha Sheldrake
2309 Penetanguishene Road
Barrie, Ontario L4M 4Y8
Municipality: Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, Ontario L0L 2E0
or such other address as the parties may respectively from time to time
designate in writing, and any such Notice shall be deemed to have been
given to and received by the addressee three (3) days after the mailing
thereof, postage prepaid and registered.
8. Severability
8.1 Any provision of this Agreement which is found to be invalid or
unenforceable under the laws of the Province of Ontario by a court
of competent jurisdiction, to the extent such provision is invalid or
unenforceable, shall be deemed severable and shall not affect any
other provision of this Agreement.
9. No Assignment
9.1 This Agreement, and the rights and obligations arising under it, may
not be assigned by the owner or the Occupant without the prior
written consent of the Municipality.
10. Estoppel
10.1 The Owner, Occupant and the Municipality will not call into
question directly or indirectly in any proceeding in law or in equity
or before any administration or other tribunal, the right of the other
parties to enter in this Agreement and to enforce every term,
covenant and condition of it. The law of contract applies to this
Agreement and the parties are entitled to all remedies arising from
it. This provision may be pleaded by the parties in any action or
proceeding as an estoppel of any denial of such right.
11. Indemnification from Liability and Release
11.1 The owner and Occupant covenant and agree with the
municipality, on behalf of themselves, their permitted successors
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and assigns, to indemnify and save harmless the Municipality, its
servants and agents from and against any and all actions, suits,
claims and demands whatsoever which may arise either directly or
indirectly in connection with this Agreement.
11.2 The Owner and Occupant further covenant and agree to release
and forever discharge the Municipality from and against all claims,
demands, causes of actions, of every nature and type whatsoever
that may arise as a result of any action taken by the municipality
under the terms of this Agreement
12. Interpretation
12.1 In the interpretation of this Agreement, unless the context indicates
a contrary intention:
(a) the obligations of more than one party will be joint and
several,
(b) words denoting the singular include the plural and vice versa
and words denoting any gender include all genders;
(c) headings are for convenience only and do not affect
interpretation;
(d) reference to Sections and Schedules are to sections and
schedules of this Agreement and the Schedules form part of
this Agreement, and
(e) this Agreement may be executed in any number of
counterparts, each of which will be deemed an original but
which together will constitute one instrument.
In witness whereof the parties have hereunder set their hands and seals.
Signed, sealed and delivered
in the presence of
Randy Arthur Sheldrake,
Owner
Bonnie Jean Sheldrake, Owner
Margaretha Sheldrake,
Occupant
The Corporation of the
Township of Oro-Medonte
Per:
Mayor, H. S. Hughes
Clerk, J. Douglas Irwin
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This is Appendix to the Agreement Between
Randy and Bonnie Sheldrake
and The Corporation of the Township of Oro-Medonte
Description
Concession 1, West Part Lot 32, Township of Oro-Medonte, County of Simcoe,
being all of PIN 58538-0028
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5.e) By-law No. 2016-092: A By-law to Authorize the Executio...
The Corporation of the Township of Oro-Medonte
BY-LAW NO. 2016-092
A By-law to Authorize the Execution of a Subdivision Agreement between the
Corporation of the Township of Oro-Medonte and South Shore Isabella Estates
Inc.
Whereas, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13,
as amended, provides that municipalities may enter into agreements imposed as a
condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies being:
PCL 5-1 SEC 51-MED-14; PT LT 5 CON 14 MEDONTE PT 1 51R6537
EXCEPT 51M314; S/T LT 184911; ORO-MEDONTE, COUNTY OF SIMCOE
PIN 58530-0140 LT, Township of Oro-Medonte, County of Simcoe
Now Therefore the Council of the Corporation of the Township of Oro-Medonte hereby
enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Oro-Medonte, a Subdivision Agreement, a copy of which is attached
hereto and forms part of this By-
2. That the Subdivision Agreement, a copy of which is attached hereto and forms
part of this By-
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.
st
By-Law read a First, Second and Third time, and Passed this 1 Day of June,
2016.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
_____
Deputy Clerk, Janette Teeter
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SUBDIVISION AGREEMENT
- between -
SOUTH SHORE ISABELLA ESTATES INC.
- and -
THE CORPORATION OF THE TOWNSHIP OF OROMEDONTE
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, COUNTY OF SIMCOE
PIN 58530-0140 LT
June 1, 2016
By-Law No. 2016-092
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TOWNSHIP OF ORO-MEDONTE
SUBDIVISION AGREEMENT
TABLE OF CONTENTS
Part 1 General Requirements
Part 2 The Lands, Plans and Representations
Part 3 Requirements Prior to Execution of Agreement
Part 4 Pre-Construction Requirements
Part 5 Financial Requirements
Part 6 Staging or Phasing
Part 7 Construction Requirements
Part 8 Building Permits and Occupancy
Part 9 Maintenance and Acceptance
Part 10 Default Provisions
SCHEDULES
- Description of Lands Affected by this Agreement
Schedule "B" - Plan of Subdivision
Schedule "C" - Works to be Constructed
Schedule "D" - Itemized Estimate of Cost of Construction of Each
Part of the Works
Schedule "E" - List of Lots Requiring Special Attention
Schedule "F" - Development Charges
Schedule "G" - Deeds and Easements to be Conveyed
Schedule "H" - Parkland
Schedule "I" - Declaration of Progress and Completion
J - Standard Township Letter of Credit
2
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TOWNSHIP OF ORO-MEDONTE
st
THIS AGREEMENT made as of the 1 day of June, 2016.
BETWEEN: SOUTH SHORE ISABELLA ESTATES INC.
(hereinafter called the "Developer")
OF THE FIRST PART
AND: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the "Township")
OF THE SECOND PART
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 (2011-SUB-02) 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
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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 April 27, 2016).
1.1.2 To prepare and furnish all required drawings and specifications.
1.1.3 To prepare the necessary contract(s) and provide contract
administration.
1.1.4 To obtain the necessary approvals in conjunction with the Township,
from the Township of Oro-Medonte sewage approval authority, Simcoe
County District School Board and Simcoe Muskoka Catholic District
School Board, Nottawasaga Valley Conservation Authority, County of
Simcoe, Ministry of Transportation, Ministry of Tourism, Culture and
Sport, Canada Post 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
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 DVD. Two copies of each Plan of Subdivision are required
on separate CD Roms or DVDs.
Each CD Rom or DVD must be labeled identifying the legal property
PKZIP Release 2.04G or higher may be used to perform file
compression if required.
occurring throughout the approval process are incorporated into the
digital submission.
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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-
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 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 retained to provide
the aforementioned and any costs incurred by the Township will be the
responsibility of the Developer or individual lot owner).
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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:
South Shore Isabella Estates Inc.
4 Merrington Avenue
Orillia, Ontario, L3V 6H2
Or by electronic mail to: south_shorehomes@yahoo.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.
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/they assigning or transferring the
mortgage(s) on the lands, the assignment(s) or transfer(s) shall be subject to the terms
hereof, in the same manner as if the assignee or transferor has executed this
Agreement.
1.7 LANDS FOR MUNICIPAL PURPOSES
The Developer agrees to grant good title in fee simple free and clear from all
encumbrances unto the Township, lands for municipal purposes other than roads,
which shall be mutually agreed upon by the Developer and the Township or to make a
cash payment in lieu thereof, as provided by Section 51.1 of the Planning Act, R.S.O.
1990, c.P.13 and required by the Township of Oro-Medonte. The Developer also
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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
fication of good title, free and clear from all encumbrances.
1.8 EASEMENTS
The Developer agrees to grant, at his expense, all such easements and rights-of-ways
as may be required for the installation and supply of services to the subdivision and to
deed lands to the Township, as set out in Schedule "G". The Developer also agrees to
certify good title to easements and right-of-
executing this Agreement, all known easements shall be filed with the Township in a
form approved by the Township's solicitor.
A list of easements and rights-of-way shall be set out in Schedule "G" of this
Agreement. The Township agrees to transfer easement(s) on lands it owns following
the registration of this subdivision plan to the authority requiring the easement(s). All
cost of the above noted registration to be borne by the Developer.
1.9 HYDRO AND TELEPHONE
Prior to the Township releasing this proposed Plan for registration, the Developer shall
provide the Township with a letter from the electricity supplier and from the telephone
supplier, stating that the Developer has entered into satisfactory arrangements with
them with respect to the costs of installing underground wiring and financial
contributions in this regard.
equipment, which are necessary to accommodate this subdivision, shall be borne by
the Developer.
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
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.
These clauses are 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 owner shall complete to the satisfaction of the Township of Oro-Medonte and Canada
Post:
1.11.1 Include on all offers of purchase and sale, a statement that advises the prospective
purchaser:
i) that the home/business mail delivery will be from a designated Centralized
Mail Box.
ii) that the developers/owners be responsible for officially notifying the
purchasers of the exact Centralized Mail Box locations prior to the closing of
any home sales.
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1.11.2 The owner further agrees to:
i) work with Canada Post to determine and provide temporary suitable
Centralized Mail Box locations which may be utilized by Canada Post until
the curbs, boulevards and sidewalks are in place in the remainder of the
subdivision.
ii) install a concrete pad in accordance with the requirements of, and in
locations to be approved by, Canada Post to facilitate the placement of
Community Mail Boxes
iii) identify the pads above on the engineering servicing drawings. Said pads
are to be poured at the time of the sidewalk and/or curb installation within
each phase of the plan of subdivision.
iv) determine the location of all centralized mail receiving facilities in co-
operation with Canada Post and to indicate the location of the centralized
mail facilities on appropriate maps, information boards and plans. Maps are
also to be prominently displayed in the sales office(s) showing specific
Centralized Mail Facility locations.
v) Canada Post's multi-unit policy, which requires that the owner/developer
provide the centralized mail facility at their own expense, will be in effect for
buildings and complexes with a common lobby, common indoor or sheltered
space.
1.12 MINISTRY OF THE ENVIRONMENT
(1.12.1) The Developer and each individual lot owner, acknowledges that each owner
shall be responsible for the installation and maintenance of a subsurface sewage
disposal system in accordance with Part 8 of the Ontario Building Code.
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1.14 WARNING TO PROSPECTIVE LOT DEVELOPERS
The Developer shall provide copies of Clauses 1.1.11, 1.1.12, 1.1.13 and notes, 1.8,
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, 8.2, 8.3, 8.4, 8.5, 8.6,
8.7, 8.8, 9.8 and Schedule, and to each prospective purchaser of a lot(s).
1.15 SAVE HARMLESS
The Developer covenants and agrees with the Township, on behalf of itself, its
successors and assigns, to indemnify and save harmless the Township, its servants
and agents from and against any and all actions, suits, claims and demands
whatsoever, which may arise either directly or indirectly by reason of any work
performed by the provisions of this Agreement.
The Developer further covenants and agrees to release and forever discharge the
Township from and against all claims, demands, causes of actions, of every nature and
type whatsoever that may arise either as a result of the failure of the Township to carry
out any of its obligations under this Agreement, or, as a result of the Township
performing any municipal work on the said lands or the adjacent properties which may
damage or interfere with the works of the Developer, provided that such default, failure
or neglect was not caused as a result of negligence on the part of the Township, its
servants or agents.
1.16 ENUREMENT
This Agreement shall enure to the benefit of and be binding upon the parties and their
heirs, executors, administrators, successors and assigns.
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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 herein after 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, CAgreement, along with:
Drawing No. Description
2.4.2.1 Final Stormwater Management Report dated September, 2015
prepared by C.C. Tatham & Associates Limited and stamped
CCEPTED FOR CONSTRUCTIONTownship
Engineering Consultant on December 17, 2015; and
2.4.2.2 Stormwater Management Facility Operation and Maintenance
Manual date April 2015 by C.C. Tatham & Associates Limited and
Engineering Consultant on December 17, 2015
2.4.3 All Plans and Specifications submitted to and accepted by:
2.4.3.1 Ministry of the Environment
2.4.3.2 Ministry of Transportation
2.4.3.3 Ministry of Culture, Tourism and Sport
2.4.3.4 Electrical Distribution Utility
2.4.3.5 Township of Oro-Medonte
2.4.3.6 County of Simcoe
2.4.3.7 Nottawasaga Valley Conservation Authority
2.4.3.8 Canada Post
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.
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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 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
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" - 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.
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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,
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
and .
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 " and that there will be no encumbrances registered
against the said lands.
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3.1.11 Approvals - obtain and file with the Township, confirmation approvals from
the following:
3.1.11.1 Ministry of the Environment
3.1.11.2 Ministry of Transportation
3.1.11.3 Electrical Distribution Utility
3.1.11.4 Township of Oro-Medonte
3.1.11.5 County of Simcoe
3.1.11.6 Ministry of Citizenship, Tourism and Sport
3.1.11.7 Simcoe County District School Board
3.1.11.8 Simcoe Muskoka Catholic District School Board
3.1.11.9 Nottawasaga Valley Conservation Authority
3.1.11.9 Canada Post
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 Plans for Registration - provide to the Township in registerable form:
3.1.14.1- Three (3) Mylars and three (3) paper copies of an M-Plan;
3.1.14.2 - Three (3) paper copies of all R-Plans.
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.
3.1.16 Nottawasaga Valley Conservation Authority - file with the Township, a copy
of a letter to the Nottawasaga Valley Conservation Authority that the
Developer shall carry out or cause to be carried out the recommendations
and measures contained within a detailed Storm Water Management
Report, an Erosion and Sediment Control Plan and a detailed Grading Plan.
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PART - 4
PRE-CONSTRUCTION REQUIREMENTS
4.1 Prior to starting construction of the subdivision works, the Developer shall:
4.1.0 Pre-servicing
Obtain a pre-servicing agreement, if necessary, prior to registration.
4.1.1 Plan Registration
Obtain final approval of the Plan from the Township of Oro-Medonte and obtain
registration of the Plan.
4.1.2 Approval of Plans
The Developer and the Engineers employed by him shall have the plans and
specifications for the works approved by the Township 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;
ii) the lot grading plan;
iii) the service layout plan for Electrical, Telephone, Gas and Cable
Television;
iv) the road, watermain and sewer plans and profiles;
v) landscape plans.
4.1.3 Environmental Compliance Approval
Submit to the Township, the Ministry of the Environment's Environmental
Compliance Certificate for Storm Sewer Works and Stormwater Management
Facilities under Number 7656-A4YMYG and dated January 4, 2016.
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/Township Engineering
Consultant. The Township and the Township Engineering Consultant may
require the submission of references for the Contractor based on past works to
confirm their competency for the completion of the required works. 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 Consultant, 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.
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4.1.6 Stormwater Management
A stormwater management report
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. This report must
deal with post development stormwater quality and shall conform to Ministry of
Environment Interim Stormwater Quality Guidelines.
The owner agrees that any storm water management facilities and sediment
and erosion control measures will be in place prior to any site alteration.
4.1.7 Erosion and Siltation Control
The Developer must take all necessary precautions to prevent erosion and
sedimentation of ditches, culverts, slopes, etc., both within the subdivision and
downstream prior to and during construction and upon completion of servicing
of the subdivision. Failing adequate precautions being taken, the Developer
shall be responsible for correcting any damage and paying all maintenance
costs resulting there from.
A Storm Drainage and Siltation Control Plan shall be prepared by the
Developer's Engineer for approval by the Township 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 shall detail the means whereby erosion and siltation and
their effects will be minimized on the site during and after the construction
period. The Plan must deal with post development stormwater quality and shall
conform to the Ministry of Environment/Ministry of Natural Resources Interim
Stormwater Quality Guidelines. The Developer agrees to carry out, or cause to
be carried out, the work approved in the Plan, and such work will be certified, in
writing, by the Developer's Engineer and provided to the Township 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 Signs
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
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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;
If the municipal services to be constructed by the Developer under this
Agreement are not completed and accepted by the Township within the above
time frame, the Township may either;
Give notice to the Developer to stop work on the said municipal services and to
provide that no further work shall be done with respect to such services, until an
amending Agreement, incorporating the standards, specifications and financial
requirements of the Township, in effect as of that date, is executed by all
parties; or
Give notice to the Developer to stop work on the municipal services and inform
the Developer that the Township proposes to realize on its security and proceed
with the completion of construction in accordance with the provisions of the
Plans filed with the Township.
4.2 BREACH OF AGREEMENT
If the Developer commences or causes construction of the works prior to satisfying the
requirement of this Agreement, it shall be subject to the penalties identified in Part 10.
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PART - 5
FINANCIAL REQUIREMENTS
5.1 DEVELOPER'S EXPENSE
Every provision of this Agreement, by which the Developer is obligated in any way,
shall be deemed to include the words "at the expense of the Developer" unless
specifically stated otherwise.
5.2 TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS
The Developer agrees to pay to the Township, the cost of the Township's lawyer and
Planner for all costs involved in processing the subdivision and of the Township
Engineering Consultant 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 Township Engineering Consultant, 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. The Developer 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.
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
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Municipal Act, 2001, S.O. 2001, c.25 at present serving this property and
assessed against it.
These charges are set out in Schedule "F" of this Agreement.
NOTE: In addition to the Municipal Development Charges, the lots may be
subject to Simcoe County development charges, Simcoe County Boards
of Education development charges and applicable development charges
of any Public Utility.
5.6 SECURITIES
Prior to signing the Subdivision Agreement, the Developer will deposit with the
Treasurer of the Township to cover the faithful performance of the contract for the
installation of the said services and the payment of all obligations arising thereunder,
the following securities:
a) Cash in the amount of one-hundred percent (100%) of the estimated cost of the
said work as approved by the Township Engineering Consultant and Township
Council, or:
b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance
with J
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.
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
the security provided for above shall be increased to an amount equal to the
tendered contract price.
d) Application any Letter of Credit or security filed with the Township is based upon
the estimated cost of completing the various matters prescribed by this
Agreement. However, all Letters of Credit and security received by the Township
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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 cost 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
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
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certification of final grade elevations indicating that the property has been
developed in conformity with the General Location and Lot Grading Plan by a
Professional Engineer registered with the Association of Professional Engineers of
Ontario and approved by the Township 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 municipal underground services, he shall supply
the Township with a Statutory Declaration that all accounts for work and materials for
said services have been paid and that the Construction Lien Act has been complied
with and that no liens thereunder have or can be registered, except normal guarantee
holdbacks, and that there are or will be no claims for liens or otherwise in connection
with such work done or materials supplied for or on behalf of the Developer in
connection with the subdivision.
5.9 PLEDGE OF TITLE TO LANDS
The Developer hereby charges and pledges as security for all costs, charges, expenses
or obligations of the Developer under the provisions of this Subdivision Agreement all of
its right, title and interest in the said lands, and consents to the registration of this
Subdivision Agreement against title to the said lands.
5.10 INSURANCE CERTIFICATE AND POLICY
5.10.1 Policy of Insurance - the Developer shall lodge with the Township, on or prior
to the execution of the Agreement, an insurance certificate with an insurance
company satisfactory to the Township, (which said approval shall not be
unreasonably withheld or delayed), and insuring for the joint benefit of the
Developer, their agents and the Township and their agents, against any
liability that may arise out of the construction or installation of any work to be
performed pursuant to this Agreement and for a period of one (1) year after
completion and acceptance of the Township services to be constructed herein.
5.10.2 Comprehensive General Liability/Environmental Impairment - such policy
shall carry limits of liability in the amount to be specified by the Township, but
in no event shall it be less than FIVE MILLION DOLLARS ($5,000,000.00)
inclusive comprehensive general liability, environmental impairment liability in
an amount not less than FIVE MILLION DOLLARS (5,000,000.00), and such
policy shall contain:
a) a cross-liability clause;
b) product/completed operation coverage;
c) shall not have an exclusion pertaining to blasting, provided that any
blasting required to be done shall be done by an independent;
d) shall include the following names as :
(i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
5.10.2 Notice of Cancellation - a provision that the insurance company agrees to
notify the Township within fifteen (15) days in advance of any cancellation or
expiry of the said insurance policy.
5.10.4 Certificate of Coverage - any certificate of coverage filed with the Township
Clerk shall specifically contain their confirmation that coverage includes (a),
(b), (c) and (d) above and are in effect.
5.10.5 Confirmation of Premium Payment - the Developer shall, from time to time as
required by the Township, provide confirmation that all premiums on such
policy or policies insurance have been paid, and that the insurance is in full
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force and effect. The Developer shall see that a copy of the policy is filed with
the Township annually.
5.10.6 Claim in Excess of Policy Limits - the issuance of such policy of insurance shall
not be construed as relieving the Developer from responsibility for other or
larger claims, if any, and for which it may be held responsible.
5.11 WARMINSTER WATER SYSTEM UPGRADES
In order for development to occur in the Warminster settlement area, upgrades to the
water system were required. The upgrades included drilling of a second production
well, upgrades to the well house, and expansion of the existing underground reservoir,
complete with fire pump. The upgrades to the existing reservoir and the installation of
a fire pump were required to provide fire protection. Two subdivisions within the
boundaries of Warminster have been draft approved and two subdivisions registered
as of the date of signing of this agreement. The two draft approved developments are
the Meadow Acres Subdivision and the Owen Estates (formerly Teskey) Subdivision.
The Homire Subdivision (2063334 Ontario Inc.) consisting of 28 lots and the Isabella
Estates Subdivision (South Shore Isabella Estates Inc.) consisting of 22 lots are
registered. There are also a 9 lot residential development (Rix lands) created by
consent. Additional proposed developments consist of 50 residential lots by plan of
subdivision (South Shore Estates Inc.) and 9 residential lots by consent (Stryk lands).
Upon full build-out, the Homire Subdivision, the Meadow Acres Subdivision, the South
Shore Isabella Estates Inc. Subdivision, the Owen Estates Subdivision, the Caden
Estates Subdivision, the Rix lands and the Stryk lands are anticipated to include 218
lots.
5.12 By-law 2012-136 was executed by the Township in July 2012 authorizing the
execution of a Cost Sharing Agreement between the Township, 2063334 Ontario Inc.
(Homire) and South Shore Isabella Estates Inc. respecting the financing and sharing of
costs of the Water System upgrades required for full build-out of the Warminster
Settlement Area. On the basis of the current estimated total costs of the water system
upgrades the share on a per lot basis is estimated at $9302.74 per lot based on the full
build out of 159 lots. In accordance with the cost sharing agreement, South Shore
Isabella Estates Inc. has to-date contributed $204,660.21 as their proportionate share
of the water system upgrades.
The developers identified in paragraph 5.11 including South Shore Isabella Estates Inc.
(Developer) agree that any difference between the estimated total cost and the actual total
cost of the Water System Upgrades will be shared, on a proportionate per-lot basis.
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PART - 6
STAGING OR PHASING
6.1 STAGING OR PHASING
The Township, in its sole discretion, may instruct the Developer to construct the
services in particular stages or phases suitable to the Township, and the Developer
must comply on terms to be agreed to by the Township. If the Township does not so
instruct, the Developer, before commencement of any work, may request the
Township's permission to divide the area of the subdivision into convenient stages. If
the work is thus staged, as approved by the Township, then in lieu of furnishing cash
payment or Letter of Credit, all as set out in Clause 5.6 for one hundred percent
(100%) of the estimated costs, as approved by the Township 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 Certificate of Occupancy have been
issued. The Developer shall be responsible for the maintenance and all repairs of the
services, in this case.
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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 Prior to grading of any lot or the Township giving its release for registration, the
Developer shall prepare a tree saving plan for the lot to the satisfaction of the
Township.
7.4.3 The Developer shall plant two (2) 2.4 metre, or taller, hardwood trees of a
minimum of 50mm caliper on each lot having less than three (3) trees in the
front yard(s), if required by the Township. A minimum of 2 trees shall be placed
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along the flankage side of each corner lot. The type of trees must be
satisfactory to the Township.
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 Transportation Department
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 the 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 Transportation
Department and Township Engineering Consultant for the purpose of compiling an
inventory of existing conditions prior to work on the subdivision. Otherwise, the
Township Transportation Departmentassessment 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 Consultant.
If the Developer has not taken remedial action within twenty-four (24) hours of
receiving a written notification (via facsimile and /or email) from the Township and/or
Township Engineering Consultant regarding a dust control problem, then the Township
and/or Township Engineering Consultant, 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
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refuse, garbage and debris. Open air burning is not permitted by the Township. The
Developer agrees to deliver a copy of this clause to each and every builder obtaining a
Building Permit for any lot or part of a lot on the said Plan of Subdivision.
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, if
the timelines are considered to be inappropriate, and the Developer agrees to
complete the services within the revised completion dates.
7.12.2 It is understood and agreed that should the Developer fail to construct the
remaining services, as stipulated, and by such dates as provided in the
Declaration, the Developer shall pay to the Township, as pre-determined
liquidated damages, the sum of TWO HUNDRED DOLLARS ($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 Township recognizes that top lift asphalt cannot be placed until 50% of the
lots have completed dwellings, and that should not be altered by the Township.
7.13 PROGRESS OF WORKS
After the completion of the underground services, the Developer shall complete the
Declaration of Progress and Completion for the approval of the Township 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 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
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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 waterworks will be constructed, inspected and approved prior to
the completion of the other works, including roads, boulevards, utilities and street
lights.
It is intended that the storm sewer system and stormwater works will be constructed,
inspected and approved in accordance with the wording contained in this Agreement.
Building Permits will not be issued until the Township 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 periods, the Developer shall be responsible for the normal
operation and maintenance and all repairs for the services noted in the Certificates.
If, during the two (2) year maintenance period, the Developer fails to carry out
rectification and repair work as requested by the Township, then the Township may
carry out the work and be reimbursed the cost of the work from the Developer's
securities, as set out under Clause 9.3 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 at least fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Final Certificate of Occupancy have been
issued. The Developer shall be responsible for the 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
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 prepared by C. C. Tatham &
Associates Ltd. and dated November 16, 2015, and approved by the Township
Engineering Consultant and the Township on December 17, 2015. Some fill and re-
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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 curb and gutters, and storm sewers, to
provide a satisfactory drainage outlet, and will be in accordance with the Stormwater
Management Report, Storm Sewer Drainage Plan, Stormwater Management Plan, Lot
Grading Plan, Plan-Profiles for Grace Crescent and Dylan Avenue, and Specific
Details, as approved by the Township Engineering Consultant and the Township.
7.18 PARKLAND WORKS (WALKWAY ETC.)
All parkland (drainage, walkway and open space blocks) works indicated on the
Landscape drawings are to be constructed in accordance with Section 14 Park
requirements of the Township of Oro-Medonte Engineering Standards and drawings.
The parkland works must be completed to the satisfaction of the Township prior to the
issuance of 50% of the total Building Permits allowed in the subdivision.
7.19 DEFINITIONS
For the purposes of this Subdivision Agreement:
(i) The term "Underground Services" shall mean the storm drainage works (including
culverts, storm sewer, detention pond); waterworks (including piping, valves, fire
hydrants, services to lots, sample station, and PVRs); underground electrical
distribution system; and street lighting serving the Plan of Subdivision, as more
.
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(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.
(vii) The term "Certificate of Substantial Completion and Acceptance" means a
Certificate of Substantial Completion and Acceptance (Municipal Underground
Services) or a Certificate of Substantial Completion and Acceptance
(Aboveground Services), as the provisions of this Subdivision Agreement require.
(viii) The term "Certificate of Maintenance and Final Acceptance" means a Certificate
of Maintenance and Final Acceptance (Municipal Underground Services) or a
Certificate of Maintenance and Final Acceptance (Aboveground Services), as the
provisions of this Subdivision Agreement require.
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PART 8
BUILDING AND SEWAGE SYSTEM 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 or Sewage
System Permit for any part or portion of the said lands or on any lot therein, and
no Building or Sewage Permit shall be issued until a Certificate of Substantial
Completion and Acceptance (municipal underground service) has been issued.
8.1.2 The Developer's Engineer shall prepare an Overall Lot Development Plan for
approval by the Township and/or Township Engineer Consultant and the
Nottawasaga Valley Conservation Authority as a further requirement to Clause
7.17. The Plan shall include the following:
a) envelopes for the proposed house and any adjacent structures on each lot.
b) existing and proposed grades of the disturbed area of lot after building,
drainage and sewage works have been completed.
c) existing and proposed grades on lot corners and mid-lot elevation.
d) location and type of proposed water supply and sanitary supply.
8.1.3 The Developer agrees to advise all prospective lot developers that prior to a
Building or Sewage System permit being issued a detailed individual site plan
including methods of stormwater storage and sewage effluent disposal shall be
prepared for each lot bEngineer and approved by the
Township. The individual site plan shall show the building and tile bed location
(if applicable) and elevations, all exterior lot grading and drainage works
complete with elevations and landscaping.
8.1.4 The Developer agrees to construct all works required under Clause 7.17, and
as shown on the approved General Servicing Plan, Storm Drainage Plans,
Design Tables, Lot Grading Plans, Plan and Profile Drawings, Stormwater
Management drawing, Flood Plain Mapping, Sediment Control Plans,
Miscellaneous Drawings, Design Standard Drawings and Landscape Drawings
prepared by C.C. Tatham & Associates Ltd. to the satisfaction of the Township
and the Township Engineering Consultant.
8.1.5 The Developer further agrees to advise all prospective lot developers of the
requirements 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
approval 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.
The Developer and Township agree that no applications for building permits shall be
accepted 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.
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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
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) The Certificate of Substantial Completion and Acceptance for the Municipal
Underground Works has been issued by the Township for the water supply and
distribution system; and storm sewer systems; and the submission of the
completed Declaration of
(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
(v) Approval of the Township has been obtained for the construction of any
buildings to be erected on lots or blocks listed in Schedule "E" hereto.
(vi) Signs denoting "ROAD NOT ASSUMED BY TOWNSHIP USE AT YOUR
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 with respect to any variance to the
Overall Lot Development Plan.
(viii) The Developer's Consulting Engineer or a Professional Engineer registered with
the Association of Professional Engineers of Ontario certifies in writing that the
works were constructed in accordance with the plans, reports and
specifications, as approved by the Nottawasaga Valley Conservation Authority.
(ix) The individual Lot Development Plan must be approved by the Township and/or
Township Engineering Consultant prior to the issuance of a Building Permit.
(x) All dead trees within the limit of the Plan have been removed.
(xi) Arrangements have been made and approved by the Township for Municipal
Address System numbering, as set out in Clause 8.5.
(xii) The Traffic and Street Name signs have been installed and approved by the
Township.
(xiii) Payment of Development Charges Fees and other applicable levies.
(xiv) Certification by the Township and/or Township Engineering Consultant if the
subdivision is being constructed in phases/stages that the preceding stage
meets all requirements for occupancy as set out in Clause 8.6.
(xv) Completion of parkland prior to fifty percent (50%) of building permits being
issued to the satisfaction of the Township in accordance with Clause 7.18.
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(xvi) 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 CONFORMITY WITH GRADING
Prior to issuance of a building permit for any lot on the Plan, an individual Lot
Development Plan is required to be approved by the Township in accordance with
Section 8.1. The Lot Development 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 underside of the footings and then the top of the constructed foundation wall of the
building conforms to the elevation shown on the Lot Development Plan and complies
with the Overall Lot Grading Plan. Any variance shall require the approval of the
Township and/or Township Engineering Consultant.
8.5 MUNICIPAL ADDRESS SYSTEM
The Developer 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).
8.6 REQUIREMENTS FOR OCCUPANCY
8.6.1 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.
8.6.2 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, and are approved by the Township Engineering
Consultant; all these utilities have been energized.
(iii) A Certificate Letter and individual Lot Development Plan have been
given by the Developer's Consulting Engineer, or a Professional
Engineer registered with the Association of Professional Engineers of
Ontario, indicating that the building constructed, and the final grading of
the lot or block, is in conformity with the General Location and Lot
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Grading Plans, or such variance there from has been approved by the
Township.
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) Driveway culvert and end protection has been provided to the
satisfaction of the Township, in accordance wi
Engineering Standard.
(v) The trees have been planted on the lot by the Developer in accordance
with Clause 7.4.
(vi) Any deficiencies on a Provisional Certificate of Occupancy have been
complied with. It is agreed that a copy of Part 8 shall be delivered by the
Developer to each and every builder obtaining a Builder's Permit or any
prospective purchaser of the dwelling for any lot or part of a lot on the
said Plan.
8.7 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, 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 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.
8.8 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
gineer 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
expense. Further, it is agreed by the Developer that the lot grading security deposit
will not be reduced until the Township is satisfied including having completed a site
received.
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PART - 9
MAINTENANCE AND ACCEPTANCE
9.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES
On receipt of the Developer's request for a final inspection of the municipal
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 at least fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Final Certificate of Occupancy have been
issued. The Developer shall be responsible for the maintenance and all repairs of the
services, in this case.
The Developer will be responsible for these operation costs until the Township has
assumed the responsibility of these services.
9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES
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 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, if provided, on a
regular basis. d. 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, arrange for others to undertake
such maintenance work and the total cost of such work, including Engineering fees,
shall be borne by the Developer. If the Developer fails to pay the Township within
thirty (30) days of the date of billing, then the money owing may be deducted from the
cash deposit or Letter of Credit. During the maintenance period, ten percent (10%) of
the original estimated cost of the works shall be retained by the Township.
Towards the end of the maintenance period, the Developer shall make written request
to the Township for a final inspection to be made and notwithstanding the two (2) year
period noted above, the maintenance period will continue for the original two (2) years,
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or for thirty (30) days after the receipt of the Developer's written request for a final
inspection, whichever period of time is the greater.
Notwithstanding anything hereinafter set out, the Township shall not be obligated to
assume the responsibility for and take over the subdivision services until at least fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and the Final Certificates of Occupancy have
been issued. The Developer shall be responsible for the maintenance and all repairs
of the services, in this case.
9.4 WINTER ROAD MAINTENANCE
An exception to the liability of the Developer for all maintenance and repair of the
services during the two (2) year maintenance period will be winter control, which
operation will be the Township's responsibility after the issuance of the Certificate of
Substantial Completion and Acceptance (Aboveground Services). Winter control shall
include snow plowing, sanding and any other winter maintenance operations. It is
agreed by the Developer that the winter control operations shall not prejudice the
Township's rights to enforce the maintenance provisions. Prior to the issuance of the
Certificate of Substantial Completion and Acceptance (Aboveground Services)
however, the Developer shall be responsible for the winter control also. In the event
that proper vehicular access or winter control is not provided by the Developer, the
Township, through its servants, contractors, or agents, may provide without notice to
the Developer. Such winter control shall be only carried out at times deemed to be an
emergency by the 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 months of the date of acceptance.
9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES
Upon receipt of the Developer's request for a final inspection of the Aboveground
Services, the Township and/or 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 be issued.
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Notwithstanding anything hereinafter set out, the Township shall not be obligated to
assume the responsibility for and take over the subdivision services until at least fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued. The
Developer shall be responsible for the maintenance of the aboveground services, in
this case, until the Township has assumed the responsibility of the services.
9.7 RELEASE OF LAND
The Developer, when not in default of the Subdivision Agreement to provide the
requisite public services to the lands, shall be entitled to an effective release in a form
suitable for registration in the Land Registry Office for each lot or block, which is in
conformity with the overall Grading Plan for the lands or such variance there from as
has been approved by the Township 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 once assumed the
subsequent owners, from time to time, of the lots or blocks within the Plan of Subdivision.
The Developer and then subsequent owners of the lots or blocks within the Plan of
Subdivision, from time to time, shall provide and maintain adequate drainage of surface
waters across and from the said lands in accordance with the provisions of Clause 7.17
of this Subdivision Agreement. The Developer agrees to provide a copy of this Clause
9.8 and Clause 7.17 to each and every prospective builder/prospective purchaser of a lot
or block within the Plan of Subdivision.
The Developer and then subsequent owners, from time to time, of any lot or block within
the Plan of Subdivision upon which the Township elects to enter for the purpose of
rectifying the said work, hereby agrees to indemnify and release the Township from and
against all claims, demands, actions or causes of action whatsoever arising as a result of
the Township or of its servants or agents entering upon the lands for the purpose of
correcting drainage problems. The cost of such work will be for the account of the
Developer and then subsequent lot owner(s). Any invoices not paid within thirty (30)
days after due date, shall be added to the tax roll and collected in a like manner as realty
taxes as per Section 446 of the Municipal Act, 2001.
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PART 10 - DEFAULT PROVISIONS
10.1 DEFAULT PROVISIONS
Notwithstanding anything herein before contained in this Subdivision Agreement, and in
addition to any other remedies, when the Developer is deemed by the Township to be in
default of this Agreement, the Township reserves the right to realize upon any securities
deposited on or on behalf of the Developer to recover costs incurred by the Township, in
accordance with the provisions of Section 5.6 of this Subdivision Agreement, and/or to
restrict or refuse issuance of Building Permits and/or the Final Certificate of Occupancy,
and the Developer agrees not to apply for any Building Permits or the Final Certificate 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 _______ day of ________, 2016.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per: ____________________________________________
H.S. Hughes, Mayor
Per: ____________________________________________
J. Douglas Irwin, Clerk
SOUTH SHORE ISABELLA ESTATES INC.
Per: _________________________________________
(signature)
Name: _________________________________________ (print)
Position: _______________________________________ (print)
I have authority to bind the corporation
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SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC.
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:
PCL 5-1 SEC 51-MED-14; PT LT 5 CON 14 MEDONTE PT 1 51R6537 EXCEPT 51M314;
S/T LT 184911; ORO-MEDONTE, COUNTY OF SIMCOE
PIN 58530-0140 LT
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SCHEDULE "B"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC.
PLAN OF SUBDIVISION
51M- _________, Lots 1 through 29 and Blocks 30 through 36.
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SCHEDULE "C"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC.
WORKS TO BE CONSTRUCTED
Construction of storm sewers and appurtenances, watermains and appurtenances, including
service connections, all road works, including curbs and gutters in accordance with the
approved Engineering Drawings to service the Owen Estates subdivision (South Shore
Isabella Estates Inc.) in the Township of Oro-Medonte.
LIST OF DRAWINGS
C.C. TATHAM & ASSOCIATES LTD. (Contract No. 311808-2)
Drawing Name Drawing Number
TITLE PAGE
INDEX SHEET
DRAFT LEGAL PLAN 51M-
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 System
Water Distribution and Testing Plan WAT-1
Plan and Profile Drawings
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 Drawings
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
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SCHEDULE "C" (continued)
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC.
Utilities
Composite Utility Plan, C.C. Tatham & Associates Ltd. CUP-1
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
NAECOM,
the Township Engineering Consultant on December 17, 2015.
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NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC.
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NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC.
LETTER OF CREDIT SUMMARY
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NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC.
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SCHEDULE "E"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC.
LIST OF LOTS REQUIRING SPECIAL ATTENTION
Refer to Section 8.3 which outlines specific requirements for all lots on the Plan in order to
obtain Building permits for each and every lot.
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SCHEDULE "F"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC.
DEVELOPMENT CHARGES
The Developer acknowledges and agrees that the following development charges are
payable on a per-lot basis prior to the issuance of a Building Permit for each lot, unless
alternative arrangements with the body enacting the By-Law relating to development charges
or education development charges, which arrangements have been brought to the attention
of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian
funds to the Chief Building Official of the Township:
(i) Development charges in accordance with the Township of Oro-Medonte-Law at
the rate applicable, upon the issuance of the first Building Permit for each lot upon
which charges are payable.
(ii) Educational development charges in accordance with the Simcoe-Muskoka Catholic
District School Board at the rate that applies upon the issuance of the first Building
Permit with respect to each lot upon which educational development charges are
payable; and
(iii) Educational development charges in accordance with the Simcoe County District
School Board at the rate that applies upon the issuance of the first Building Permit with
respect to each lot upon which educational development charges are payable.
Please also be advised that specific rates applicable to each lot in the Plan of Subdivision
can be obtained by contacting, for the Township of Oro-Medonte, the Treasurer; for the
Simcoe-Muskoka Catholic District School Board, the Associate Director of Education; for the
Simcoe County District School Board, the Superintendent of Facility Services; and in the case
of the County of Simcoe, the County Clerk.
Also, please be advised that the above-referenced By-Laws enacted pursuant to the
Development Charges Act, 1997 and Section 257.53 of the Education Act, R.S.O. 1990,
c.E.2, may be amended or super-ceded by subsequent By-Laws enacted in accordance with
the respective legislation.
(iv) -law at the rate
applicable, upon the issuance of the first building permit for each lot upon which
charges are payable.
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SCHEDULE "G"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC.
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:
Blocks 30, 31 and 36 to be deeded to the Township of Oro-Medonte as a roadway
(turning circle) block.
Block 32 to be deeded to the Township of Oro-Medonte as a stormwater
management pond block.
Block 35 to be deeded to the Township of Oro-Medonte as a roadway block.
Block 33 to be deeded to the Township of Oro-Medonte as 0.30 metre reserve blocks.
Block 34 to be deeded to the Ministry of Transportation as 0.30 metre reserve block.
The 7.6 metre wide easement over Lots 15, 16, 17 & 18, Plan 51M- ___________; to
be granted to the Township of Oro-Medonte for storm drainage works installation and
maintenance purposes. Refer to Part 3 of Plan 51R- 20415.
The 7.6 metre wide easement over Lots 15, 16 & 17, Plan 51M- ___________; to be
granted to the Township of Oro-Medonte for watermain installation and maintenance
purposes. Refer to Part ____ of Plan 51R- ________.
The 7.6 metre wide easement over Lots 15, 16 & 17, Plan 51M- ___________; to be
granted to Rogers and Bell for cable installation and maintenance purposes. Refer to
Part ___ of Plan 51R- ________.
A ___ metre wide easement over __________________, Plan 51M-__________; tp
be granted to Hydro One for ______________ purposes. Refer to Parts 1, 2 and 3 of
Plan 51R-_______.
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SCHEDULE "H"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH
SHORE ISABELLA ESTATES INC.
PARKLAND
Cash in lieu in the amount of $19,875.00 to be provided to the Township of Oro-Medonte
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SCHEDULE "I"
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION: OWEN ESTATES
DEVELOPER: SOUTH SHORE ISABELLA INC.
CONSULTING ENGINEER: C. C. TATHAM & ASSOCIATEDS LTD.
As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE AND SOUTH SHORE ISABELLA ESTATES INC.
The Developer(s) dated
1. The Developer hereby agrees and undertakes to complete the construction of the
Works as required by the above-mentioned Agreement in accordance with the time
schedule for the completion of services as approved by the Township 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) Galvanized CLF/Black Chainlink fencing 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 As individual lots are developed and before final
occupancy.
g) Stormwater Management Pond on or before _______________.
h) Landscaping on or before _______________.
2. The Developer further agrees that the Township is hereby authorized to carry out, at
his expense, any of the work set out in this Declaration not finished on or before the
completion dates, to be commenced not sooner than one week following such
completion date, it being understood and agreed that the Township's authorization is
limited only to that work required under the Declaration;
3. The Developer undertakes to properly maintain the gravel road base at all times and to
keep all roads in a mud-free and dust-free condition until such times as the roads,
including boulevards, have been completed;
4. The Developer further agrees and the Township is hereby authorized to undertake any
of the maintenance work as set out under Item 3 hereof, not completed by him within
24 hours after receipt of such request for maintenance, at his expense, and without
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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.
SOUTH SHORE ISABELLA ESTATES INC.
Seal or Witness Date
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J
SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP
IRREVOCABLE LETTER OF CREDIT
DATE OF ISSUE: _________________
NAME OF BANK: _____________________________________
ADDRESS OF BANK: ___________________________________________________
LETTER OF CREDIT NO.: __________________ AMOUNT: $ 275,498.80
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, L0L 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 2015.
_____________________________ _________________________________
Authorized Signature Authorized Signature
Bank of ________________________
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