1995-080 To authorize the Execution of a subdivision agreement (Salvil Investments Ltd)
.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 95-80
Being a By-law to Authorize the Execution of a Subdivision
Agreement (Salvil Inyestments Ltd.)
WHEREAS draft approval for a registered plan of Subdivision on
Part Lot 1, Concession 4, Township of Oro-Medonte (formerly Oro)r
in the county of simcoe, has been obtained from the Ministry of
Municipal Affairs and Housing.
AND WHEREAS pursuant to section 51 of the Planning Actr R.S.O.
1990, chap. P. 13, it is deemed desirable for the Township to
enter into a Subdivision Agreement registered against the title
of the said lands;
NOW THEREFORE the Council of the Corporation of the Township of
Oro-Medonte hereby enacts as follows:
1.
That the Mayor and Clerk are hereby authorized to execute on
behalf of the corporation of the Township of Oro-Medonte a
subdivision Agreement, a copy of which is attached hereto
and forms part of this By-law as Schedule "A".
2.
That the Township shall be entitled to enforce the
provisions of the Subdivision Agreement against the owners
and any and all subsequent owners of the land.
BY-LAW READ A FIRST AND SECOND TIME THIS 20TH DAY OF SEPTEMBER,
1995
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF
SEPTEMBER, 1995.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
,
..,
.
.
SUBDIVISION AGREEMENT
- between-
SAL VIL INVESTMENTS L TD,
- and-
THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
MMA 43-T-91007
SEPTEMBER, 1995 (F)
#12-8837-55
-and--
DESCRIPTION OF LANDS
TOWNSHIP OF ORO-MEDONTE
(formerly Township of Oro)
COUNTY OF SIMCOE
TOWNSHIP OF ORO-MEDONTE
SUBDIVISION AGREEMENT
TABLE OF CONTENTS
1. Order of Procedure 36, Construction Refuse
2, Attached Schedules 37, Replacement of Survey Bars
3, Township's Legal, Planning 38, Legal Notice to Developer
& Engineering Costs
4, Developer's Consulting 39, Registration
Engineer 40, Mortgagee Being Owner
5, Works to be Installed 41. Assignment or Transfer of
. 6, Approval of Plans Mortgage
7, Notification-Commencement! 42, Requirements for Building
Completion Permits
8, Declaration of Progress 43, Requirements for Occupancy
and Completion 44, Movement of Fill
9, Construction of Work 45, Occupancy Liquidated
1O, Inspection of Construction Damages
I!. Voiding Agreement 46, Easements
12, Developer's Expense 47, Lots Unsuitable For
13, Securities Building or Requiring
14, Staging Special Attention
15, Discharge of Securities 48, Release of Lands
16, Scheduling of Works 49, Development Charges Act
17, Progress of Works Levies and Drainage &
18, Contractor Local Improvement Charges
19, Inspection and Acceptance 50, Drainage-Responsibility
of Works of Owner
20, Prior Inspection and 51. Preservation and Planting
Acceptance of Trees
21. Statutory Declaration of 52, Pledge of Title to Lands
Accounts Paid 53, Ontario Hydro and Bell
22, Maintenance of Works Canada
23, Final Acceptance of 54, Erosion and Siltation
Works (Underground) Control
24, Use of Works by Township 55, Signs
25, Winter Road Maintenance 56, Emergency Municipal Address Numbering
26, Emergency Repairs
27, Developer's Liability 57, Simcoe County District Health
28, Insurance Unit Approval
29, Utility and Costs
and Charges 58, Simcoe County Board of Education Warning
30, Blasting 59, Canada Post
31. Access Road 60, Warning to Prospective Lot Owners
32, Damage to Existing Plant 61. Default Provisions
33, Dust Control
34, Drainage and Lot
Grading
35, Lands for Municipal
Purposes
SCHEDULES
Schedule "A" -
Schedule "B" -
Schedule "C" -
Schedule "D" -
Description of Lands Being Subdivided
Plan of Subdivision
Works to be Constructed
Itemized Estimate of Cost of Construction of Each
Part of the Works
List of Lots Unsuitable for Building Purposes and/or Requiring Special Attention
List of Development Charges Act Levies, Drainage, and Local Improvement Charges to be
Commuted by the Developer
Lands to be Deeded and list of Easements to be Granted to the Township
Parkland
Declaration of Progress and Completion
Schedule "E" -
Schedule "F" -
.
Schedule "G" -
Schedule "H" -
Schedule "I" -
.
TOWNSHIP OF ORO-MEDONTE
SUBDIVISION AGREEMENT
THIS AGREEMENT made in quadruplicate this the
20M.-
dayo~£, 1995,
BE1WEEN:
SALVIL INVESTMENTS LTD,
hereinafter called the "Developer"
OF THE FIRST PART
- and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
hereinafter called the "Township"
OF THE SECOND PART
- and-
hereinafter called thc "Mortgagee"
OF THE THIRD PART
WHEREAS the Developer is the owner of the land described i,n Schedule "A" to this Agreement and
proposed to subdivide it for purposes of selling, conveying, or leasing into lots, by reference to a registered
plan of subdivision;
AND WHEREAS the Developer warrants that it is the registered owner of the lands and has applied to the
Ministry of Municipal Affairs hereinafter called the Minister, for approval of a plan of subdivision,
hereinafter call the Plan, which is annexed hereto as Schedule "B" to the Agreement;
a)
b)
c)
d)
. e)
f)
g)
h)
AND WHEREAS the Township has been authorized by the Minister to require the Developer to agree to
construct and install certain watermalns and water services, roadways, structures, drainage works,
landscaping, conservation works and any other requirements as hereinafter provided and herein referred to
as the "Works" set out in Schedule "C" and to make financial arrangements with the Township for the
installation or construction of required services before final approval of the Plan by the Minister;
AND WHEREAS the Developer is required to make a cash payment to the Township in lieu of dedicating
park land;
AND WHEREAS the word "Developer" where used in the Agreement includes an individual, an
Association, a Partnership, or a Corporation and wherever the singular is used herein it shall be construed
as including the plural;
AND WHEREAS the Developer has complied with the Township's Order of Procedure Policy the matters
to be dealt with prior to the signing of the Subdivision Agreement and has:
Deposited with the Township an amount to be determined by the Township to cover the initial cost
of the Township.
Submitted a general plan outlining the services to be installed,
Submitted proof of the Simcoe County District Health Unit approval to dispose of the sewage
effluent by tile drainage,
Deposited with the Township, securities and insurance as outlined in the Agreement
Paid in full outstanding taxes and drainage and local improvement charges,
Pay to the Township the amount of cash to be given to the Township in lieu of Parkland dedication
as mutually agreed,
Deposited with the Township's Solicitors all necessary transfers of land and rights of way needed
for municipal purposes including 0.3 metre reserves,
Pay to the Township 43,9% of the Development Charges Act Levy for each lot which represents
the hard services portion of the Development Charges Act Levy,
.
.
NOW TIffiREFORE THIS AGREEMENT WITNESSETII that in consideration of other good and
valuable consideration and the sum of Two Dollars ($2,00) of lawful money of Canada, now paid by each
of the parties hereto to each of the other parties hereto, (the receipt whereof is hereby acknowledged) the
parties hereto hereby covenant, promise and agree with each other as follows:
A,
B,
1.
c.
2,
ORDER OF PROCEDURE
Prior to Starting Construction of the Subdivision Works, thc Developer shall:
a)
Obtain final approval of the Plan from the Ministry of Municipal Affairs and obtain
registration of the Plan;
b)
Submit and obtain the Township Engineer's approval of the following, all to be in
accordance with the Township's approved Engineering standards;
i)
the drainage plan
the lot grading plan
ii)
iii)
the service layout plan for Hydro, Telephone and Gas
iv)
the road, sewer and watcnnain plans and profiles,
c)
Submit to the Township, the Ministry of the Environment and Energy's Certificate of
Approval for Water Distribution System and Storm Sewer System;
d)
Erect signs in accordance with Clause 56,
Prior to the Issuance of any Building Permits the Developer shall:
a)
Pay to the Township 56,1 % of the then current Development Charges Act Levy for each
lot which represents the soft services portion of the Development Charges Act Levy,
b)
Have obtained the Township Engineer's Certificate of Substantial Completion and
Acceptance (Underground Works) for the complete water distribution system and drainage
works,
c)
Have complied with all the remaining requirements of Clause 42,
d)
Install the driveway culverts upon receipt of a Driveway Road Occupancy Permit to be
obtained !Tom the Township Public Works Department; or deposit with the Township
sufficient monies to cover the cost of the supply and installation of the culvert by the
Township at a later date, The Permit fee is established by the Public Works Department.
Prior to any person occupying a building within the Subdivision, the Developer shall:
a)
Comply with all the requirements of Clause 43 of the Agreement.
ATIACHED SCHEDULES
The following Schedules are attached to and form part of this Subdivision Agreement:
1.
2,
3,
4,
5,
6,
7,
8,
9,
Schedule "A" - Description of Lands Affected by this Agreement
Schedule "B" - Plan of Subdivision
Schedule "C" - Works to be Constructed
Schedule "D" - Estimated Costs
Schedule "E" - List of Lots Requiring Special Attention
Schedule "F" - Charges against Lands
Schedule "G" - Land to be Deeded and Easements to be granted to the Township
Schedule "H" - Parkland
Schedule "I" - Declaration of Progress and Completion
.
.
5,
3,
TOWNSHIP'S LEGAL PLANNING AND ENGINEERING COSTS
The Developer agrees to pay to the Township, the cost of the Township's lawyer and planner for all
costs involved in processing the subdivision and of the Township's Engineer for checking of plans
and specifications and inspection on behalf of the Township, The inspection by the Township will
depend on the type of construction and the amount provided will be that deemed necessary by the
Township, In this regard the Developer agrees to pay to the Township, the sum of Seven
Thousand Dollars ($7,000,00) upon submitting a Plan to the Township for consideration to be
applied to account of such costs, As accounts are received from the Township planner, lawyer,
and engineer, they will be paid by the Township and then submitted to the Developer for
reimbursement within thirty (30) days so that the initial deposit will again be built up to enable the
Township to pay the next accounts as they are received, The charges for the Township Engineer
will be based on payroll costs times a factor of two, plus properly incurred expenses, In the event
that the deposit is drawn down to a level of $5,000,00 or less, and the Developer does not pay the
accounts within 30 days, it is hereby understood and agreed that the Developer would be in default
of this Agreement and the Township may, without notice, invoke default provisions as set out in
this Agreement
4,
DEVELOPER'S CONSULTING ENGINEERS
I.
The Developer shall employ engineers registered and in good standing with the Association of
Professional Engineers of Ontario:
a)
to prepare designs;
b)
to prepare and furnish all required drawings and specifications;
c)
d)
to prepare the necessary contract(s) and provide contract administration;
to obtain the necessary approvals in conjunction with the Township, from the Ministry of
the Enviromnent and Energy, the Simcoe County District Health Unit and utility
companies;
e)
to act as the Developer's representative in all matters pertaining to the subdivision;
f)
to provide co-ordination in scheduling to comply with the timing provisions of this
Agreement and the requirements of the Township Engineer, for all the work specified in
this Agreement;
g)
h)
to provide supervision during construction of all the services;
to ensure that the work involved in construction of the services is carried out by
construction methods confonning to acceptable engineering practice;
i)
to maintain records of construction which shall be available for inspection or copy by the
Township;
j)
k)
to prepare final "as constructed" mylar drawings;
I)
to furnish the Township with a certificate with respect to each lot or building block for
which a Building Pennit application is made, certifying that the proposed construction is in
confonnity with the overall grading plan or with an approved variation; (Note that a
professional engineer could also be retained to provide the aforementioned);
to prepare and provide the Township, for each lot or block within the plan, a certificate of
final grade elevation, indicating that the property has been developed in confonnity with
the overall grading plan or with an approved variation (Note that a professional engineer
could also be retained to provide the aforementioned) ;
NOTE:
In the case of lots built on at a later date, the Township reserves the right to
request a similar certificate as required under (k) and (I), but it may be provided
by a Professional Engineer, other than the Developer's Consulting Engineer or an
Ontario Land Surveyor. If the Township has their Engineer prepare the
Certificate, the cost of the work will be added to the cost of the Building Pennit
WORKS TO BE INSTALLED
The works to be installed are set out in Schedule "C" to this Agreement This schedule is to set out
the works in general terms only and shall not be construed as covering all items in detaiL
The works are to be designed and constructed in accordance with the current Engineering standards
adopted By-law by the Township at the time of. signing of the subdivision agreement A copy of
these standards is available at the Municipal Office,
.
9,
.
If at any time and fi'om time to time during the development of the subdivision, the Township
Engineer is of the opinion that additional works are necessary to provide adequately any of lhe
public services required by the Plan, the Developer shall construct, install or perfonn such
additional works at lhe request oflhe Township Engineer,
6,
APPROVAL OF PLANS
The Developer and lhe Engineers employed by him shall have the plans and specifications for the
works approved by lhe Township Engineer prior to construction and lhe originals must be stamped
as accepted by lhe Township Engineer.
7,
NOTIFICATION OF COMMENCEMENT AND COMPLETION
The Developer shall not commence lhe construction of any of lhe works until the Developer has
provided 48 hours written notice to lhe Township Engineer of his intent to commence work.
The Developer shall complete lhe works expeditiously and continuously, and all underground
services shall be installed within one year of lhe day of registration of this Agreement, and all
above-ground services shall be installed in accordance wilh lhe Declaration of Progress and
Completion as required under Clause 8 of this Agreement, but no longer than two years fi'om lhe
date of registration of this Agreement, unless extended by lhe Township Engineer. Should for any
reason lhere be a cessation or interruption of construction, lhe Developer shall provide 48 hours
written notice to lhe Township Engineer before work is resumed,
8,
DECLARATION OF PROGRESS AND COMPLETION
a)
Prior to the approval of the underground services, lhe Developer shall provide lhe
Township Engineer with an undertaking for lhe completion dates of all remaining works
required by this Agreement and in a fonn similar to lhat attached to this Agreement as
Schedule "I", lhe Declaration of Progress and Completion for approval of lhe Township
Engineer. The Township reserves the right to alter lhe completion dates as it sees fit and
lhe Developer agrees to complete lhe services,
b)
It is understood and agreed that should lhe Developer fail to construct lhe remaining
services, as stipulated, and by such dates as provided in lhe Declaration, lhe Developer
shall pay to lhe Township as predetermined liquidated damages, lhe sum of Fifty Dollars
($50,00) for each and every day the said services are behind schedule of construction, and
no further building permits shall be issued,
CONSTRUCTION OF WORKS
Following lhe registration of this Agreement, lhe Developer shall eause to be constructed all
requisite works, in order to provide services to lhe lots and buildings blocks within lhe Phase,
10,
INSPECTION OF CONSTRUCTION OF SERVICES
During construction oflhe services the Township may inspect the work in hand at such times and
wilh such duration and fi'equency as lhe nature oflhe type of construction may dictate, Subject to
lhe obligations of lhe Township Engineer to protect lhe interests of lhe Township through such
inspections, every effort will be made to keep duplication of engineering services on site to a
minimum, Ifduring such inspections the Township Engineer perceives that construction, whether
by method or olherwise, constitutes an immediate danger to life or property, or construction does
not confonn to acceptable practice in order to meet lhe requirements for services, he will have lhe
aulhority to cease construction operations by verbal notice to lhe contractor and/or lhe Developer's
Engineer, such notice to be confirmed in writing as soon as possible lhereafter, A copy of this
Clause shall be delivered by lhe Developer to each and every contractor engaged in construction of
services for lhe Subdivision,
II.
VOIDING AGREEMENT
In lhe event that lhe Plan is not registered within one year fi'om lhe date of signing this Agreement
lhe Township may as its option, declare this Agreement to be null and void,
12,
DEVELOPER'S EXPENSE
Every provision of this Agreement by which lhe Developer is obligated in any way shall be deemed
to include lhe words "at the expense oflhe Developer" unless specifically stated olherwise,
13,
SECURITIES
Prior to signing lhe subdivision agreement lhe Developer will deposit wilh the Treasurer of lhe
Township to cover lhe faithful perfonnance of lhe contract for lhe installation of lhe said services
and lhe payment of all obligations arising lhereuilder lhe following securities:
a)
Cash in lhe amount of one-hundred percent (100%) oflhe estimated cost oflhe said work
as approved by lhe Township Engineer and Township Council, or
.
.
b)
An irrevocable Letter of Credit from a chartered Bank, issued in accordance with the
requirements of the Township Solicitor with an automatic renewal clause, in the amount of
ninety percent (90%) of the estimated costs of the said works as set out in Schedule "D"
and as approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (I) 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 pennits and to prohibit occupancy of homes, whether partially or fully
completed, from the said date three (3) months prior to the expiration of the Letter of
Credit, or the Township may cash the Letter of Credit until a satisfactory Letter(s) of
Credit is received by the Township,
In addition to the above noted Letter of Credit which is intended to guarantee the
completion of the works, the Developer shall provide a further Letter of Credit in the
amount often percent (10%) of the estimated cost of the said work. This Letter of Credit
for ten percent (10%) is intended to guarantee maintenance of the works and shall be
issued at the same time as the ninety percent (90%) Letter of Credit and shall be for a
guaranteed period of one (I) year, and shall be renewed automatically as necessary three
(3) month prior to expiration.
c)
Notwithstanding the provisions of subparagraphs (a) and (b) above, the estimated cost of
the Works as set out in Schedule "D" will be reviewed and updated by the Township
Engineer on each anniversary of the date of execution ofthis Agreement. In the event of
an increase, the Developer shall provide additional security as required by the Township
Engineer within thirty (30) days of notice by registered mail from the Township Engineer.
In the event that the Developer fails to deliver to the Township the additional security as
required by the Township Engineer, it is hereby understood and agreed that the Developer
be deemed to be in default of this Agreement and the Township may, without notice,
invoke default provisions as set out in this Agreement.
The Township reserves the right to accept or reject any of these alternative methods of
providing securities, Prior to depositing the securities, the Developer's Engineer shall
submit an estimate of the cost of the works to the Township Engineer for approval, When
the cost estimate has been approved it will be set out in Schedule "D" of this Agreement
and will become the basis for the limits of the securities,
14,
STAGING
The Township, in its sole discretion, may instruct the Developer to construct the services in
particular stages or phases suitable to the Township and the Developer must comply, on tenns 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 pennission to divide the area of the
subdivision into convenient stages, If the work is thus staged, as approved by the Township, then
in lieu of furnishing cash payment or letter of credit all as set out in Clause 13 for ninety percent
(90%) of the estimated costs, as approved by the Township Engineer, the Developer shall deposit
security for part of the services the Township has approved, Before proceeding with an additional
stage the Developer shall obtain the written approval of the Township and no service will be
pennitted to be installed and no building pennits issued until this approval has been received and
additional securities deposited, When fifty (50%) of the lots of the subdivision or stages of the
subdivision have been built upon and all the services have not been completed and approved by the
Township Engineer, the Township reserves the right to refuse commencement of the next stage
until all services have been installed and approved,
In no event will further subdivisions of the Developer or stages of subdivisions of the Developer be
approved if all services of the active stage approved by the Township Engineer have not been
completed within a two (2) year period after registration of this Agreement.
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 has been issued, The Developer shall be responsible for the maintenance
of the services in this case until the Township has assumed the responsibility of the services,
.
16,
17,
18,
.
15,
DISCHARGE OF SECURITIES
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 the Developer shall, as the
work further proceeds to completion, have the privilege, on application to the Township and upon
Certification of the Township Engineer, of obtaining discharges of the cash or Letter of Credit
deposited for the installation of the services, in increments of not less than ten percent (10%),
Upon application for release of securities the Developer's Engineer shall provide an estimate of the
cost to complete the work, 1ò.is amount when approved by the Township Engineer shall be
retained along with twenty percent (20%) of the original estimate and the remainder released, A
further 10 percent (10%) of the original estimate will be released upon satisfaetory assurance to the
Township that there are no liens against the Plan or the Township,
Upon the issuance of the Certificate of Substantial Completion and Acceptance all faithful
perfonnance securities will be released except for the ten percent (10%) cash or 10 percent (10%)
Letter of Credit retained during the Maintenance Period,
When the Certificate of Maintenance and Final Acceptance has been issued, the Letter of Credit
shall be reduced to not less than two percent (2%) of the total estimated cost, and this amount shall
be retained for six months to provide for a period for submission and payment of late and final
accounts, and the cost of registering a general release for this agreement.
SCHEDULING OF WORKS
Prior to the start of construction the Developer shall supply, for the Township Engineer's approval,
a Schedule of Works setting out the order in which he considers the various seetions of the works
within the Plan will be built. The Township Engineer may amend this Schedule and the Developer
shall construct, install or perfonn the works as the Township Engineer from time to time may
direet, In any event the Schedule, or amended Schedule as the case may be, shall confonn to the
requirements of Clause 7,
PROGRESS OF WORKS
After the completion of the underground services the Developer shall complete the Declaration of
Progress and Completion for the approval of the Township Engineer and from that date the said
Declaration shall apply and take precedence over Clause 16, Prior to signing the Declaration of
Progress and Completion the Developer shall install all works in accordance with the Schedule of
Works or as directed by the Township Engineer, Ifhe fails to adhere to the scheduling provisions
outlined in the Schedule of Works or the Declaration, or, having commenced to install the aforesaid
works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works
are not being installed in the manner required by the Township Engineer, then upon the Township
Engineer giving seven (7) days written notice by prepaid registered mail to the Developer, the
Township Engineer may without further notice enter upon the said land and proceed to supply all
materials and to do all necessary works in connection with the installation of the said works,
including the repair or reconstruction of faulty work and the replacement of materials not in
accordance with the specifications, and to charge the costs thcreof together with an engineering fee
often percent (10%) of the cost of such materials and works to the Developer who shall forthwith
pay the same upon demand, If the Developer fails to pay the Township within thirty (30) days of
the date on the bill, the money owing may be deducted from the cash deposit or Letters of Credit.
It is understood and agreed between the parties hereto that such entry upon the land shall be as
agent for the Developer, and shall not be deemed for any purpose whatsoever, as an acceptance or
assumption of the said works by the Township, The Township, in addition to all other remedies it
may have, may refuse to issue building pennits until such works are completely installed in
accordance with the requirements of the Township Engineer. It is agreed that a copy of this clause
be delivered by the Developer to each and every builder obtaining a building pennit for any lot or
part of a lot on the said plan,
CONTRACTOR
The said services shall be installed by a contractor or contractors retained by the Developer and
approved in writing by the Township Engineer,
19,
INSPECTION AND ACCEPTANCE OF WORKS
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 Engineer and Public Works
Administrator shall make an inspection and arrange for an inspection by the Ministry of
Transportation to ensure that the Ministry will accept the road system for subsidy purposes, The
Township Engineer shall issue a Certificate of Substantial Completion and Acceptance
(Aboveground Services) when the Works are accepted by the Township, 1ò.is Certificate may
contain a list of minor deficiencies which have to be correeted by the Developer but which are not
considered of sufficient importance to delay the issuance of the Certificate and the acceptance of
the services by the Township, The two (2) year maintenance period will commence when this
Certificate is issued,
20,
.
21.
22,
.
PRIOR INSPECTION AND ACCEPTANCE OF UNDERGROUND SERVICES
It is intended that the water distribution system, hydro and street lighting and sewer systems will be
constructed, inspected and approved prior to the completion of the other Works, The inspection of
the water distribution system shall include fire flow testing of hydrants ,
Building permits will not be issued until the Township Engineer has given the Certificate of
Substantial Completion and Acceptance (Underground Services), The two (2) year maintenance
period for the underground services will commence when this Certificate is issued,
During the maintenance period, the Developer shall be responsible for the nonnal operation and
maintenance, and all repairs for the system noted in the Certificate, Lot owners will be
subsequently charged for water usage at a rate determined by the Township upon connection to the
water distribution system, with payment made directly to the Township,
If. during the two year maintenance period, the Developer fails to carry out rectification and/or
repair work as requested by the Township, then the Township may carry out the work and be
reimbursed the cost of the work from the Developer's securities as set out under Clause 22,
Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the
responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the
subdivision or stage of the subdivision have completed dwellings erected therein and Final
Certificate of Occupancy has been issued, The Developer shall be responsible for the maintenance
of the services in this case until the Township has assumed the responsibility of the services,
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 for the services within the subdivision or upon applying
for prior acceptance of the underground services, he shall supply the Township with a Statutory
Declaration that all accounts for work and materials for said services have been paid and that the
construction Lien Act has been complied with and that no liens thereunder have or can be
registered except nonna1 guarantee holdbacks and that there are or will be no claims for liens or
otherwise in connection with such work done or materials supplied for or on behalf of the
Developer in connection with the subdivision,
MAINTENANCE OF WORKS
The Developer will be responsible for the repair and maintenance of all the subdivision services for
a period of two (2) years from the date the Township Council 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 and trail systems on a regular basis, If the Township is requested to carry out
this maintenance, the Developer shall pay all charges to the Township,
If during this period the Developer fails to carry out maintenance work within 48 hours after
receipt of a request from the Township, then the Township Engineer may, without further notice,
undertake such maintenance work and the total cost of such work including engineering fees shall
be borne by the Developer, If the Developer fails to pay the Township within thirty (30) days of
the date of billing then the money owing may be deducted from the cash deposit or letter of credit,
During the maintenance period ten percent (10%) of the original estimated cost of the works shall
be retained by the Township,
Towards the end of the maintenance period the Developer shall make written request to the
Township for a fina1 inspection to be made and notwithstanding the two (2) year period noted
above, the maintenance period will continue for the original two (2) years or for thirty (30) days
after the receipt of the Developer's written request for a final inspection, whichever period of time
is the greater,
Notwithstanding anything hereinafter sct out, the Township shall not be obligated to assume the
responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the
subdivision or stage of the subdivision have completed dwellings erected therein and Final
Certificate of Occupancy has been issued, The Developer shall be responsible for the maintenance
of the services in this case until the Township has assumed the responsibility of services,
.
.
23,
FINAL ACCEPTANCE OF WORKS
On receipt of the Developer's request for a final inspection the Township Engineer will again
inspect the work and if satisfied will recommend to the Township that the Certificate of
Maintenance and Final Acceptance be issued, It should be noted that the Certificate of
Maintenance and Final Acceptance (Underground Services) can be applied for by the Developer
two (2) years after the receipt of the Certificate of Substantial Completion and Acceptance
(Underground Services),
Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the
responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the
subdivision or stage of the. subdivision have completed dwellings erected therein and the Final
Certificate of Occupancy has been issued, The Developer shall be responsible for the maintenance
, of the services in this case until the Township has assumed the responsibility of the services,
24,
USE OF WORKS BY TOWNSHIP:
The Developer agrees that:
a) The works may be used prior to acceptance, by the Township or other authorized persons
for the purpose for which such works are designed,
b)
Such use shall not be deemed an acceptance of the works by the Township, and
c)
Such use shall not in any way relieve the Developer of his obligations in respect of the
construction and maintenance of the works so used,
25,
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 snowploughing, 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 Public Works Administrator,
All costs of such work shall be paid by the Developer within thirty (30) clays of the date of billing
or otherwise may be deducted ITom the cash deposit or Letter of Credit. The Developer further
agrees that any work done by the Township pursuant to this agreement before the roads are
accepted by the Township shall not be deemed in anyway to be an acceptance by the Township of
the roads in the said subdivision upon which such work is done, The Developer acknowledges that
the Township whilst providing 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.
26,
EMERGENCY REPAIRS
Employees or agents of the Township may enter onto the Lands at any time or ITom 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 ITom any of his obligations under
this Agreement.
27,
DEVELOPER'S LIABILmES
Until the Township has issued the Certificate of Maintenance and Final Acceptance for the works,
the Developer shall indemnify the Township against all actions, causes of action, suits, claims and
demands whatsoever which may arise either directly or indirectly by reason of the Developer
undertaking the Plan and the Township shall not be deemed to be the owner,
28,
INSURANCE
The Developer shall insure against all damages or claims for damage with an Insurance Company
satisfactory to the Township Clerk. Such policy or policies shall be issued in the joint names of the
Developer and the Township and its agents, wherein the TownshiD and it agents must be shown as
"additional named insured" and the form and content shall be subject to the approval of the
Township, The policy shall remain in the custody of the Township until the Certificate of
Maintenance and Final Acceptance is issued, The minimum limits of such policies shall be
$2,000,000,00 all inclusive but the Township shall have the right to set higher amounts,
The premium for this policy shall be paid by the Developer and the policy shall be in effect for the
period of this Agreement including the period of guaranteed maintenance, The policy shall include
an automatic renewal clause with notice to the Township if the policy is not being renewed or being
canceled, The issuance of such policy of insurance shall be without prejudice to the Township and
29,
.
30,
31.
32,
33,
34,
.
shall not relieve the Developer of responsibility and liabilíty for any claim made against the
Township as a result of this Agreement.
UTILIlY COSTS AND CHARGES
The Developer shall deal directly with the Hydro Conunission and all other Utilíty conunissions
and companies, He or his Consulting Engineer, shall obtain all approvals and pennits and pay all
fees and utility charges directly to the Utilíty until the Certificate of Maintenance and Final
Acceptance is issued,
If an additional hydro service is required for Municipal purposes, the developer shall include the
cost of installation and maintenance of the service,
BLASTING
Before any blasting is proceeded with by the Developer, the Developer shall obtain from the
Township Engineer or Public Works Administrator written pennission for carrying out the blasting
operation, and shall obtain the blasting pennit 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,
ACCESS ROADS
All access roads must be maintained by the Developer in good repair acceptable to the Township
Engineer and Public Works Administrator during the tíme of construction, including dust control
and the removal of any mud or debris tracked from the subdivision, and no roadway outside the
límits of the proposed subdivision may be closed without the written consent of the Public Works
Administrator, For the purpose of getting such consent, the Developer shall advise the Township
Public Works Administrator and the Township Clerk of the date and tíme they wish to close a
roadway, The Township reserves the right to límit or prohibit the use of any existing access road
by the Developer.
DAMAGE TO EXISTING PLANT
The Developer shall repair any damages caused to an existing road, Road Allowance or existing
structure or plant located on the Road Allowance as a result of the subdivision development and
shall pay for any costs involved in the relocation of existing services, such as hydrants, telephone
poles, etc" which may become necessary because of the development of the subdivision, In this
regard the Developer's Engineer shall arrange for an inspection with the Township Public Works
Administrator and Township Engineer for the purpose of compiling an inventory of existing
conditions prior to work on the subdivision, Otherwise the Township Publíc Works
Administrator's assessment of conditions prior to construction will be final,
DUST CONTROL
Until the Certificate of Substantial Completion and Acceptance (Aboveground Works) has been
issued, the Developer shall apply calcium to the roads in quantities sufficient to prevent any dust
problem to traffic or home occupants, to the satisfaction of the Township Engineers,
If the Developer has not taken remedial action within twenty-four (24) hours of receiving a written
notification (via facsímile) from the Township's Engineer regarding a dust control problem, then
the Township's Engineer, at their sole discretion, shall employ outside forces to ímplement, at the
Developer's expense, a suitable measurer of dust controL
D&MNAGEANDLOTGRADING
All lots and blocks within the Plan and all lands abutting the Plan shall be graded to drain in
accordance with the overall grading plan to be prepared by the Developer's Engineer for approval
by the Township Engineer and the Símcoe County District Health Unit. Some fill and regrading of
lots may be necessary during or after building construction, The grading Plan shall show all
existing and final grades on lot corners as well as mid lot elevations where deemed necessary by the
Township Engineer,
It is understood and agreed by the parties hereto that drainage of surface water on the lots and
blocks on the plan is the sole responsibility of the respective owners once the required drainage
works have been construc1ed by the Developer,
The Developer agrees to deliver a copy of this Clause to each and every prospective purchaser
and/or builder obtaining a building pennit for any lot or part of a lot on the said plan of
subdivision,
The Developer's Engineer shall prepare a drainage plan for the site for the approval of the
Township Engineer and the Símcoe County District Health Unit. Generally, the drainage facilities
will consist of open ditches within the subdivision or stonn sewers in certain locations to provide a
satisfactory drainage outlet, The plan will show how water will be controlled on and off the site
and will include swales and/or easements where necessary,
35,
.
36,
37,
38,
39,
40,
41.
42,
.
LANDS FOR MUNICIPAL PURPOSES
The Developer agrees to grant in fee simple unto the Township, lands for municipal purposes other
than roads, which shall be mutually agreed upon by the Developer and the Township or to make a
cash payment in lieu thereof as provided by the Planning Act and also convey to the Township in
fee simple, the 0,3 metre reserves required by the Ministry of Municipal Affairs, The deeds for the
said lands are to be approved by the Township's Solicitor and thereafter, forthwith registered and
deposited with the Township Clerk. The cost for preparation and registration of the said deeds
shall be paid by the Developer,
CONSTRUCTION REFUSE
All construction refuse, garbage and debris from the subdivision must be disposed of in an orderly
and sanitary fàshion in a dumping area provided by the Developer off the site of the subdivision,
and approved by the Township Engineer, The Township is not responsible for the removal or
disposal of refuse, garbage and debris, Open air buming is not pennitted by the Township, The
Developer agrees to deliver a copy of this Clause to each and every builder obtaining a building
pennit for any lot or part of a lot on the said plan of subdivision,
REPLACEMENT OF SURVEY BARS
Prior to the acceptance of the subdivision by the Township, the Developer agrees to supply a
statement from an Ontario Land Surveyor approved by the Township that after the completion of
the subdivision work, he has found or replaced all survey monuments and standard iron bars shown
on the registered plan, The statement must be dated within two months of the date of acceptance,
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:
Salvil Investments Ltd,
Box 8. Horseshoe Vallev. R,R. #1 Barrie Ontario L4M 4Y8
The Developer shall be responsible for notifying the Township Clerk in writing of any change(s) in
his principle place of business,
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,
MORTGAGEE BECOMING OWNER
The mortgagee(s) hereby agrees that in the event of him/they becoming the owner(s) of the lands
under his/their mortgage by way of foreclosure, purchase or otherwise, either beneficially or in
trust. then the 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 mortgagees), and the mortgagee(s)
agrees to register a discharge of the mortgagees) 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 provided that the mortgagee shall not be obligated
to expend monies on the completion of the subdivision work contemplated by this agreement.
ASSIGNMENT OR TRANSFER OF MORTGAGE
The mortgagee(s) agrees that in the event of him assigning or transferring the mortgagees) on the
lands the assignment(s) or transfer(s) shall be subject to the tenus hereof in the same manner as if
the assignee or transferrer has executed this Agreement.
REOUIREMENTS FOR BUILDING PERMITS
The approval of the plan by the Township or the acceptance by the Township of the works shall
not be deemed to give any assurance that the municipal building pennits, when applied for, will be
issued in respect of the lots or blocks shown on the plan,
Notwithstanding the foregoing, no building pennits will be given and the Township may refuse any
application until:
a)
All Simcoe County District Health Unit and Ministry of the Environment and Energy
approvals have been obtained and submitted to the Township, Simcoe County District
Health Unit requirements are set out in Clauses 34 and 57,
b)
The complete water distribution system has been tested and chlorinated and the Township
Engineer has given his Certificate of Substantial Completion and Acceptance
(Underground Services) including drainage works,
c)
d)
e)
. t)
g)
h)
j)
43,
A)
B)
.
The stonn sewer systems have been installed, tes1ed and approved by the Township
Engineer and he has given his Certificate of Substantial Completion and Acceptance
(Underground Services),
Plans for remaining underground services such as Bell Telephone, Hydro or Consumer's
Gas have been approved,
A "Builders" road consisting of the grading, curb and gutter or ditch shaping and full depth
of Granular "B" sub-base has been constructed on the road providing access to the lot.
Approval of the Township Engineer has been obtained for the construction of any
buildings to be erected on lots or blocks listed in Schedule "E" hereto,
Signs denoting "Unassumed Roads" have been installed at the entrances to the subdivision
in a location acceptable to the Township in accordance with Clause 55,
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 Pennit has been applied for, is in confonnity with the
overall grading plan or has received the approval of the Township Engineer with respect to
any variance to the grading plan,
The individual Lot Development Plan must be approved by the Township Engineer prior to
issuance of a Building Pennit.
i)
All dead trees within the limit of the plan have been removed,
Arrangements have been made and approved by the Township for emergcncy municipal
address numbering as set out in Clause 56,
k)
A letter of credit payable to the Municipality in the amount of $2,000,00 per lot is
submitted to the Township as a deposit to guarantee the completion of final grading,
culverting, sodding of lot and boulevard and driveway approaches, and adjusting curbstop
to finished grade, pursuant to the Agreement, and which deposit shall be returned after the
said work is inspected and approved by the Building Inspector or by the Township
Engineer, If in the opinion of the Building Inspector and/or the Township Engineer, the
work has not been completed with due diligence, then the Murucipality shall have the right,
if it so elects, to hold the said deposit and use such morues to enter upon the subject lands
and complete such work to the Agreement standards, and the owner of such lots hereby
released and forever discharged the Municipality from and against all claims, demands,
actions or causes of actions whatsoever, arising as a result to the Murucipality, or its'
servants or agents, entering upon the lands for the purpose of completing such work,
REOUIREMENTS FOR OCCUPANCY
No buildings erected on the lots or blocks within the plan shall be occupied until a PROVISIONAL
CERTIFICATE OF OCCUPANCY has been issued by the Township in accordance with the
Township Building and Plumbing By-Law,
A FINAL CERTIFICATE OF OCCUPANCY will not be issued until:
a)
The roadway has received the granular roadbase materials full depth and the base course
of asphalt provided asphalt is commercially available,
b)
The underground hydro, telephone lines, gas mains and street lights have been installed and
approved by the Township Engineer.
The traffic and street signs have been installed and approved by the Township Engineer.
c)
d)
A Certificate Letter and Lot Development Plan has been given by the Developer's
Consulting Engineer, or a Professional Engineer registered with the Association of
Professional Engineers of Ontario, that the building constructed and the final grading of
the lot or block is in confonnity with the overall grading plan or such variance therefrom
has been approved by the Township Engineer,
The final grading on the individual Lot Development Plan must be approved by the
Township Engineer prior to issuance ofa FINAL CERTIFICATE OF OCCUPANCY.
e)
Driveway culvert and end protection have been provided to the satisfaction of the
Township in accordance with the Driveway Road Occupancy Pennit.
t)
The water service between the curb stop and house has been inspected and tested to the
satisfaction of the Township, The lot owner will be subsequently charged for water usage
at a rate detennined by the Township, with payment made directly to the Township,
44,
.
45,
46,
47,
48,
49,
.
(g)
The trees have been planted on the lot by the Developer in accordance wìth Clause 51,
It is agreed that a copy of Clauses 42 and 43 shall be delivered by the Developer to each and every
builder obtaining a builder's permit or any prospective purchaser of the dwelling for any lot or part
of a lot on the said plan,
MOVEMENT OF FILL
The Developer covenants and agrees that he shall not dump nor pennit to be dumped any fill or
debris on, nor shall he remove or pennit to be removed any fill, topsoil, trees or shrubs iTom any
public lands, other than roads, wìthout the written consent of the Township Engineer,
OCCUPANCY LIOUIDATED DAMAGES
Notwithstanding the above, iHor any reason whatsoever, occupancy of any building occurs before
the vital services listed in Clause 43 are installed to the home occupied to the satisfaction of the
Township Engineer then the Developer agrees to pay to the Township, liquidated damages in the
amount of $100,00 per dwelling per day to cover the additional costs of administration, inspection
and fire protection, etc, The liquidated damages to commence at and include the date of occupancy
and end when the Developer obtains a certificate iTom the Township Engineer that the vital
services are satisfactorily installed, If the Developer fails to pay to the Township monies owing
under this clause wìthin thirty (30) days of the date of the bill the money may be deducted iTom the
cash deposit or Letter of Credit or other deposited security,
EASEMENTS
The Developer agrees to grant at his expense all such easements and rights-of-ways as may be
required for the installation and supply of services to the subdivision and to deed lands to
Township as set out in Schedule "G", Prior to executing this agreement all known easements shall
be filed wìth the Township in a fonn approved by the Township's Solicitor.
A list of easements and rights-of-way shall be set out in Schedule "G" of this Agreement.
LOTS UNSUITABLE FOR BUILDING OR LOTS REOUIRING SPECIAL ATIENTION
Any lot which wìll require special attention in order to be serviced wìll be listed on Schedule "E" of
this Agreement. Prior to the issuance of a building permit for any lot listed in Schedule "E", the
Developer's Engineer must submit a letter to the Township Engineer outlining the measures to be
taken to correct the problems on the lot. This proposal must be approved prior to applying for a
building permit,
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 fonn suitable for registration in
the County Registry Office for each lot or block which is in conformity wìth the overall grading
plan for the lands or such variance thereiTom as has been approved by the Township Engineer,
Every such release shall operate as a discharge of all levies hereunder by the Township in respect
to each lot or block described in the release wìth the exception of the responsibility for drainage as
outlined in Clause 50 and the completion and maintenance of the services,
DEVELOPMENT CHARGES
IMPROVEMENT CHARGES
DRAINAGE
AND
LOCAL
ACT
LEVIES
AND
a)
Subject to the credit defined in Schedule "F", the Developer, as a capital contribution
towards other Township services, wìll pay to the Township in addition to all other monies
required to be paid by the Developer under this Agreement the Development Charges Act
Levy in an amount required by the Township's Development Charges By-Law on the date
the payment is received by the Township at the Municipal Office, The Development
Charges Act Levy in place at the time of the execution of this Agreement is $5,225,00 per
dwelling unit.
The Developer has previously paid $5,225,00 as the DCA Levy for one lot. An amount
equal to or greater than the hard services portion of the total Development Charges Act
Levies for the remaining seven (7) lots, mus1 be paid at the time of execution of the
Subdivision Agreement.
Prior to issuance of a building permit the remainder of the Development Charges Act Levy
is to be paid on a per lot basis, until levies have been paid for all lots,
.
50,
51.
52,
53,
54,
.
b)
The Developer agrees to pay for all arrears of taxes or other municipal or provincial
charges, taxes or levies outstanding against the property herein described before the
approval of the said plan is obtained, The Developer further undertakes and agrees to pay
taxes levied on the said lands on the basis and in accordance with assessment and
collector's roll entries until such tìme 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 conunute and pay the Township's
share of any charges made under the Drainage Act 1975 and Local Improvements at
present serving this property and assessed against it
These charges are set out in Schedule "F" of this Agreement
DRAINAGE - RESPONSIBILITY OF OWNER
It is understood and agreed by the parties hereto that the drainage of surface waters on the lots and
blocks in the Plan, after the release provided for in Clause 48 hereof has been issued by the
Township, is the sole responsibility of the owner and subsequent purchasers, and he is to provide
and maintain adequate drainage of such surface waters, The Developer agrees to provide a copy of
this clause to each and every prospective builder/prospective purchaser.
PRESERVATION AND PLANTING OF TREES
The Developer must preserve all healthy trees within the lìOOts of the subdivision where possible,
If, in the opinion of the Township Engineer, indiscriminate removal of trees takes place within the
limits of the Plan of Subdivision including road allowances, parkland, and individual lots, the
Township shall have the option of having a stop work order on construction of the services and/or
building on a particular lot where the removal is taking place, Work will not be allowed to proceed
until the Township is satisfied that the practice will not continue and the Developer/Builder agrees
to carry out remedial work requested by the Township, The Developer agrees to provide a copy of
this clause to each and every prospective builder/ prospective purchaser.
The Developer shall plant two 2.4 mctre or taller hardwood trees of a minimum of 50nun callìper
on each lot having less than three trees in the front yard(s) if required by the Township, The type
of trees must be satisfactory to the Township,
PLEDGE OF TITLE TO LANDS
The Developer hereby charges and pledges as security for such levy payments and service charges
all his right, title and interest in those parts of the lands shown as numbered and/or lettered lots
and/or blocks on the plan and agrees that this Agreement may be registered against the lands and it
is agreed that such payments and costs shall be a lien against the lands, Upon payment of the
Development Charges Act levy attributable to any specific lot, the lien and charge hereby created
shall be deemed to have been discharged,
ONTARIO HYDRO AND BELL CANADA
Prior to the Township releasing this proposed Plan for registration the Developer shall provide the
Township with a letter from Ontario Hydro and from Bell Canada stating that the Developer has
entered into a satisfactory agreement with them with respect to the costs of installing underground
wiring and financial contributions in this regard,
The cost of any relocations or revisions to Ontario Hydro and/or Bell Canada which are necessary
to acconunodate this subdivision shall be borne by the Developer.
EROSION AND SILTATION CONTROL
The Developer must take all necessary precautions to prevent erosion and sedimentation of sewers,
ditches, culverts, slopes, etc, both within the Development and downstream prior to and during
construction and upon completion of servicing of the Subdivision, Failing adequate precautions
being taken the Developer shall be responsible for correcting any damage and paying all
maintenance costs resulting therefrom,
A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's Engineer for
approval by the Township Engineer. Prior to any grading or construction conunencing Œl the
site or final approval and registration of Subdivision, the Developer's Engineer shall subrrut the
plan for approval by the Township Engineer, The plan shall detail the means whereby erosion and
sìltation and their effects will be minìmized on the site during and after the construction period.
The Developer agrees to carry out or cause to be carried out the work approved in the Plan, and
such work will be certified in writing by the Developer's Engineer, The Developer agrees to
maintain all erosion and siltation control devices in good repair during construction,
55,
SIGNS
Signs at least 1.2 meters by 1.8 meters shall be provided and erected by the Developer at each
entrance to the subdivision at a location approved by the Township Engincer and the signs shall
read as follows:
"Roads Not Assumed by Municipality - 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),
56,
EMERGENCY MUNICIPAL ADDRESS NUMBERING
The Developer shall be responsible for obtaining the emergency municipal address numbers for
each and every lot from the Municipal Office, As a further requirement in order to obtain an
occupancy pennit 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),
57,
SIMCOE COUNlY DISTRICT HEALTH UNIT APPROVAL
The Developer further agrees that he or any person, persons, or Corporation claiming title through
the Developer, will not apply for a building Pennit for any part or portion of the said lands or on
any lot therein, and no Building Pennit shall be issued until Simcoe County District Health Unit
Approval has been received for the land in question,
The Developer's Engineer shall prepare an overall lot development plan for approval by the Simcoe
County District Health Unit and the Township Engineer as a further requirement to Clause 34, The
plan shall include the following:
(a)
(b)
(c)
(d)
envelopes for the proposed house and any adjacent structures on each lot;
an envelope showing the location, size and elevation of the subsurface sewage system on
each lot and all pertinent engineering design criteria;
Existing and proposed grades of the disturhed area of lot after building, drainage and
sewage works have been completed;
existing and proposed grades on lot comers and mid lot elevation,
The developer agrees to advise all perspective lot owners that a detailed site development plan for
each lot will be required to be prepared by a Professional Engineer registered with the Association
of Professional Engineers of Ontario, for approval by the Simcoe County District Health Unit and
the Township Engineer prior to the issuance of a Building Pennit for each respective lot. Site
development plans which confonn to the overall lot development plan at an approved metric scale
using metric dimensions and elevations, shall include the following:
(a)
(b)
(c)
(d)
(e)
(f)
. (g)
the location, dimensions and elevations of the proposed dwelling and any structures to be
located on the lot as well as any adjacent structures on the adjacent lot(s);
the location, size and elevation of the sewage system and all engineering design criteria and
standards pertaining thereto;
the location of the water service line to the dwelling;
the existing and proposed grades of the disturbed area on the lot after building. drainage
and sewage works have been completed;
the location and grades of any proposed drainage swales;
the professional engineer will be required to check the elevations of the footings of the
buildings prior to further construction to ensure confonnity with the approved plans noted
above;
the professional engineer will be required, prior to the issuance of a Use Pennit, to certifY
to the Simcoe County District Health Unit in writing that the foregoing works have been
carried out in accordance with the approved plans noted above,
The Developer further agrees to construct all works required under Clause 34 and as shown on the
approved Stonn Drainage and Siltation Control,Plan (Drawing No, 91162, DP-I) and the Overall
Site Development and Lot Grading Plan (Drawing No, 91162, LG-I), both prepared by C. C,
Tatham and Associates Ltd, to the satisfaction of the Simcoe County District Health Unit and
Township Engineer,
.
.
58,
59,
60,
61.
The developer further agrees to advise all prospective lot owners of the requirement that it may be
necessary for the sewage system to be installed prior to construction of the home subsequent to the
issuance ora Certificate of ApprovaL
SIMCOE COUNTY BOARD OF EDUCA nON WARNING
The Developer agrees to advise all prospective purchasers that accommodation within the
designated public school sites in the community is not guaranteed and that pupils may be
accommodated in temporary facilities and/or be directed to facilities outside of the area,
This clause is to be placed in any agreement of purchase and sale entered into with respect to any
lots on this plan of subdivision, The clause should remain in perpetuity as lots may not be sold or
built upon for some time,
CANADA POST
The Developer agrees to construct a site to the specifications and standards of Canada Post and the
Township as required for the construction of mail boxes by Canada Post
WARNING TO PROSPECTIVE LOT OWNERS
The Developer shall provide copies of Clauses 34, 36,42,43,47,50,51,56,57,58,59, and 60,
to each prospective purchaser of a lot(s),
DEFAULT PROVISIONS
Notwithstanding anything hereinbefore contained in this Agreement, when the Developer is deemed
by the Township to be in default of this Agreement, the Township reserves the right to use
securities to recover costs incurred by the Township, and/or to restrict building and/or occupancy
pennits, and/or apply liquidated damages,
TIùs Agreement shall be binding upon and enure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns,
.
.
IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be
affixed the corporate seals, duly attested to by the proper signing officers,
SIGNED, SEALED AND DELNERED this
AD, 1995,
~3ra
day of Æ..;..J~/C:""d,.. /'"
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
, ,? i)
Per ,/J...~ i.-i 'c"~
I
Title Nul' '
Per ,ßA.//A.F/ '~fu/>/.r:/~
Title ('If',~ Ie
DEVEI¡OP~- SALVIL INVESTMENTS LTD,
rCI C'f'
Ii "\1.- "L C.. CA..<..L.-
i
Title 1J,iu fM/~;f
Per
Per
Title
MORTGAGEE,
Per
Title
Per
Title
.
.
SCHEDULE "A"
NOTE:
It is understood and agreed that this Schedule fonns part of the Subdivision Agreement
between the Township of Oro-Medonte, Salvil Investments Ltd, - '
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 (fonnerly Township ofOro) in the County of Simcoe and being composed of the whole of the
lands described as follows:
Firstlv:
$1""
Parcel 40-1, Section 5 IM-447, being part of ~ 40, Plan 5IM-447, designated as Part 15 on Plan 51R-
21012, Township ofOro-Medonte, fonnerly Township ofOro,
Secondlv:
Parcel 1-5, Section 51-0RO-5 being Part of Lot I, Concession 4, Township of Oro-Medonte, fonnerly
Township of Ora, County of Simcoe, designated as Part 2 and 3, Plan 51R-20113 save and except Part 3,
Plan 51R-19334 as described in Instrument 151541.
.
.
SCHEDULE "B"
NOTE:
It is understood and agreed that this Schedule forms part of the Subdivision Agreement
~ctween the Township of Oro-Medonte, Salvil Investments Ltd,
PLAN OF SUBDMSION
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NOTE:
SCHEDULE "C"
It is understood and agreed that this Schedule forms part of the Subdivision A"TPP~P"t
h"tween the Township of Oro-Medonte, Salvil Investments LId, "~~- ---, -.
WORKS TO BE CONSTRUCTED
Complete roadway construction including excavation, granular roadbed materials, two lifts
of asphalt, topsoil and seeded boulevards with erosion control measures as required;
Storm sewer and curb and gutter as required;
street and traffic signs;
underground hydro and telephone, and street lighting;
water distribution system
All of the above works are incorporated on to the following engineering drawings prepared by c.c.
Tatham & Associates Ltd" Project No, 91162, Municipal Affairs No, 43T-91007,
Drawing Number
Description
GS-l
LG-l
DP-I
P-l
DI,D2 and D3
General Servicing Plan
Overall Site Development and Lot Grading Plan
Storm Drainage and Siltation Control Plan
Plan & Profile - Hillside Court
Details
The above referenced drawings were stamped as accepted by the Township Engineers, R,G,
Robinson and Associates (Barrie) LId, on June 22, 1995,
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NOTE:
SCHEDULE "0"
It is understood and agreed that this Schedule fonns part of the Subdivision Agreement
between the Township of Oro-Medonte, Salvil Investments Ltd, ,,' -
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS
The following list summarizes the cost estimate of the major works but is not necessarily inclusive:
A)
B)
C)
D)
E)
F)
G)
Roadway construction complete including clearing
and grubbing, excavation, granular road base
materials, curb and gutter and two lifts of asphalt.
,"" " ""'" $37,150,00
Stonn Drainage works complete including stonn
sewer, manholes, headwall, subdrain, ditch
erosion protection, culverts, topsoil, seed and
mulch, sod, ditching and siltation control devices"
"",,$10,870,00
Miscellaneous Items such as street name and
regulatory signs"
.$
750,00
Electrical Supply including street lights,
control panels and duct crossings..
,.. $15,000,00
Watennain and Appurtenances"
$9,330,00
, $16,000,00
Lot Grading Deposit,
Allowance for Engineering and supervision, ,
, $10,000,00
SUB-TOTAL
7% G,ST
$99,100.00
$6.937,00
$106,037.00
TOTAL ESTIMATED COST
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NOTE:
SCHEDULE "E"
It is understood and agreed that this Schedule fonns part of the Subdivision Agreement
1;.etween the Township of Oro-Medonte, Salvil Investments LId, "
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES
& LIST OF LOTS REQUIRING SPECIAL A TIENTION
See clause 57 which scts out specific requirements for all lots on the Plan in order to
obtain a building pennit for each and every lot.
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SCHEDULE "F"
NOTE:
It is understood and agreed that this Schedule fonus part of the Subdivision Agreement
between the Township of Oro-Medonte, Salvil Investments Ltd,
LIST OF DEVELOPMENT CHARGES ACT LEVIES. DRAINAGE AND LOCAL IMPROVEMENT
CHARGES TO BE COMMUTED BY THE DEVELOPER
The Developer, as a capital contribution towards other Township services, will pay to the Township in
addition to all other monies required to be paid by the Developer under this Agreement the Development
Charges Act Levy in an amount required by the Township's Development Charges By-Law on the date the
payment is received by the Township at the Municipal Office, The Development Charges Act Levy in
place at the time of the execution of this Agreement is $5,225,00 per dwelling unit.
The Developer has previously paid $5,225,00 as the DCA Levy for one lot. An amount equal to or greater
than the hard services portion of the total Development Charges Act Levies for the remaining seven (7) lots,
must be paid at the time of execution of the Subdivision Agreement.
Prior to issuance of a building permit the remainder of the Development Charges Act levy is to be paid on a
per lot basis, until levies have been paid for all lots,
Development Charges Act Levies Breakdown
Total Levies Due
8 lots at $5,225,00
$41,800,00
Levies Already Paid
I lot at $5,225,00
$5,225,00
Prepayment for Hard Services Portion of Levies
7 lots at 43,9% of$5,225,OO
Equivalent hard services portion oflevy
for 7 lots
$16,058,00
$2,294,001l0t
Remainder of Levies Due Prior to Issuance of Building Permits
7 lots at 56.1% of$5,225,OO
Equivalent remainder oflevy for 7 lots =
$20,517,00
$2,931.001l0t
Note:
I) The hard services portion oflevy (43,9%) was derived from Table C-2 of Township ofOro's
Development Charge Policy Report,
2) One lot will have to be designated as the prepaid lot.
3) This breakdown is based on the current levy,
e
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SCHEDULE "G"
NOTE:
It is understood and agreed that this Schedule fonns part of the Subdivision Agreement
between the Township of Oro-Medonte, Salvil Investments Ltd, -
LIST OF LANDS TO BE DEEDED AND EASEMENTS TO BE GRANTED TO AND BY THE
TOWNSHIP
Easements (By Developer)
Irregular width (minimum 5,0 metre) drainage easement on the north side of Lot 4;
5,0 metre wide drainage easement along flankage of Lot I abutting Valleycrest Drive;
O.3m Reserve (Bv DeveloDer)
On the flankage of Lots I and 5 including the daylighting triangle, adjacent to Valleycrest Drive,
By the TownshiD
e Release of drainage easement or other interest in Part 15, Plan 51R-21012 (this release given in
exchange for the drainage easement on Lot 4, above mentioned),
. Quit Claim to one foot reserve on North side of Highland Drive at lots 4, 6, 7, 8 and Block II as they
abut Highland Drive,
. One foot reserve along the North side of Valleycrest Drive lying within Hillside Court to be released
and/or dedicated as part of Hillside Court,
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NOTE:
PARKLAND
SCHEDULE "H"
It is understood and agreed that this Schedule forms part of the Subdivision Agreement
~etw~n the Township of Oro-Medonte, Salvil Investments Ltd,
Cash in lieu of Parkland dedication,
5,0% of $225,000,00 = $11,250,00
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SCHEDULE "I"
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION HORSESHOE HIGHLANDS - PHASE 2B
DEVELOPER SALVIL INVESTMENTS LTD,
CONSULTING ENGINEER c.C, TATHAM & ASSOCIATES LTD,
As required by the Agreement between the Corporation of the
Township ofOro-Medonte, Salvil Investments Ltd,
The Developer(s) dated
L
The Developer hereby agrees and undertakes to complete the construction of the Works as required
by the above-mentioned agreement in accordance with the time schedule for the completion of
services as approved by the Township Engineer and more specifically in accordance with the
following schedule and conditions:
a)
Before any building erected on the lots or blocks in the Plan are occupied all the
Requirements for Occupancy as set out in Section 43 shall be complied with,
b)
Granular "B" and Granular "A" on or before
c)
Grading, topsoiling and seeding of private blocks and parks on or before
d)
Boulevard sodding on all roads on or before
e)
Hot asphalt on or before
f)
Planting of trees on or before
2,
The Developer further agrees that the Township is hereby authorized to carry out, at his expense,
any of the work set out in this Declaration not finished on or before the completion dates, to be
commenced not sooner than one week following such completion date, it being understood and
agreed that the Township's authorization is limited only to that work required under the
Declaration,
3,
The Developer undertakes to properly maintain the gravel road base at all times and to keep all
roads in a mud-fTee and dust-fTee 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 Clause 3 hereof, not completed by him within 24 hours after
receipt of such request for maintenance, at his expense, and without limiting the generality of the
foregoing, the Township's cost shall be the cost of materials, equipment rental, labour, payroll
burden, plus 20% for overhead,
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5,
It is understood and agreed that should the Developer fail to construct the remaining services to
carry out the requirements of Section 3 as stipulated, and by such dates and within such time limits
as provided by this undertaking the Developer notwithstanding the costs noted in Section 4, shall
pay to the Township, as predetennined liquidated damages, the sum of fifty Dollars ($50,00) for
each and every calendar day the said services are behind schedule of construction provided such
delay is not caused by strikes or acts of God or additional work being required by the Township,
Signed
Developer
Seal or Witness
Date