2016-124 Subdivision Agreement Amendment Braestone Dev. Corp.The Corporation of the Township of Oro-Medonte
By -Law No. 2016-124
A By-law to Authorize the Execution of a Subdivision Agreement Amendment
between the Corporation of the Township of Oro-Medonte and Braestone
Development Corporation
Whereas, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13,
as amended, provides that municipalities may enter into agreements imposed as a
condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies being:
PCL 2-1 Sec 51 -Oro -9; LT 3 Con 9 Oro Being the E 1/2 & W 1/2; Lt 2; Con 9 Oro being
the E 1/2 & W 1/2; Pt. 1, 51 R-21804, except Pt 1, 51 R-28741; saving and reserving from
the E 1/21-t 2 Con 9, all mines and minerals, whether solid, liquid, or gaseous, which may
be found to exist within, upon or under such lands t/w full power to work the same and
for this purpose to enter upon, use and occupy the said lands or so much thereof and to
such extent as may be necessary for the effectual working and extracting of said
minerals, as described in Oro 17078; Oro-Medonte being all of PIN # 58532-0089 (It),
Township of Oro-Medonte, County of Simcoe
AND WHEREAS the Township entered into a Subdivision Agreement with Braestone
Development Corporation through the adoption of By-law 2015-111 on June 25, 2015;
AND WHEREAS the original Subdivision Agreement between the Township of Oro-
Medonte and Braestone Development Corporation is now required to be amended;
Now Therefore the Council of the Corporation of the Township of Oro-Medonte hereby
enacts as follows:
That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Oro-Medonte, a Subdivision Agreement Amendment, a copy of
which is attached hereto and forms part of this By-law as Schedule "A";
2. That the Subdivision Agreement Amendment, a copy of which is attached hereto
and forms part of this By-law as Schedule "A", be registered on title against the
lands described therein;
3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of
the Subdivision Agreement Amendment against the owners and any and all
subsequent owners of the land;
4. That this By -Law shall come into effect upon the date of passage hereof, subject
to the provisions of the Planning Act, as amended.
By -Law read a First, Second and Third time, and Passed this 7th Day Of
September, 2016.
The Corporation of the Township of Oro-Medonte
Ma or, H. . H es
De ty Clerk, Janette Teeter
-s
TowtuI o�
Proud Heritage, Exciting Future
SUBDIVISION AGREEMENT AMENDMENT
- between -
BRAESTONE DEVELOPMENT CORPORATION
-and -
THE CORPORATION OF THE TOWNSHIP OF ORO—MEDONTE
DESCRIPTION OF LANDS
PCL 2-1 SEC 51 -ORO -9; LT 3 CON 9 ORO BEING THE E % & W %; LT 2; CON 9
ORO BEING THE E %S W %; PT 1, 51R-21804, EXCEPT PT 1, 51R28741;
SAVING AND RESERVING FROM THE E % LT 2 CON 9, ALL MINES AND
MINERALS, WHETHER SOLID, LIQUID, OR GASEOUS, WHICH MAY BE FOUND
TO EXIST WITHIN, UPON OR UNDER SUCH LANDS T/W FULL POWER TO
WORK THE SAME AND FOR THIS PURPOSE TO ENTER UPON, USE AND
OCCUPY THE SAID LANDS OR SO MUCH THEREOF AND TO SUCH EXTENT AS
MAY BE NECESSARY FOR THE EFFECTUAL WORKING AND EXTRACTING OF
SAID MINERALS, AS DESCRIBED IN OR017078; ORO-MEDONTE BEING ALL
OF PIN # 58532-0089 (LT), TOWNSHIP OF ORO-MEDONTE, COUNTY OF
SIMCOE
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
September 7, 2016
By -Law No. 2016-124
TOWNSHIP OF ORO-MEDONTE
THIS AMENDING AGREEMENT made as of the 22ND day of August, 2016.
BETWEEN: BRAESTONE DEVELOPMENT CORPORATION
(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 the Township entered into a Subdivision Agreement with Braestone
Development Corporation through By-law 2015-111 on June 25, 2015;
AND WHEREAS the original Subdivision Agreement between the Township of Oro-
Medonte and Braestone Development Corporation is now required to be amended;
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:
PART -5
FINANCIAL REQUIREMENTS
That Section 5.10 of the Subdivision Agreement is amending by adding the following
additional subsections:
5.10 INSURANCE CERTIFICATE AND POLICY
5.10.7 Policy of Insurance — Township — the Township shall lodge with the
Developer, on or prior to the issuance of the Certificate of Substantial
Completion and Acceptance, an insurance certificate with an insurance
company satisfactory to the Developer, (which said approval shall not be
unreasonably withheld or delayed, and insuring for the joint benefit of the
Township, their agents and the Developer and their agents against any liability
that may arise out of the operation or maintenance of the Water Treatment Plant
pursuant to this Agreement, and for a period lasting from the issuance of
Certificate of Substantial Completion and Acceptance through to the issuance
of the Certificate of Maintenance and Final Acceptance (Municipal Underground
Services).
5.10.8 Comprehensive Liability/Property/Machinery — 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 $15,000,000, all risks property insurance for an amount of
at least the full replacement cost of the insuring party's property, and all risks
machinery insurance for an amount of at least the full replacement cost of Water
Treatment Plant machinery, including boiler.
5.10.9 Co-insured — such policy shall include the following additional names as
insureds:
(i) Braestone Development Corporation
5.10. 10 Payment of Premiums — the Developer shall pay the premiums on such
policy or policies as a component of the operating costs for the Water Treatment
Plant as defined in section 7.19(ix).
PART -7
CONSTRUCTION REQUIREMENTS
7.19 DEFINITIONS
That Section 7.19 is amending by adding the following sentence to the end of
subsection (ix) as follows:
For the purposes of this Subdivision Agreement:
(ix) The term `operations costs" shall also include any insurance premiums
required for the operation and maintenance of the Water Treatment Plant.
IN WITNESS WHEREOF the parties hereto have executed this Agreement
Amendment and have hereunto caused to be affixed the corporate seals, duly
attested to by the proper signing officers.
SIGNED, SEALED AND DELIVERED this 7'h day of September, 2016.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BRAESON D VE PMEN RPORATION
Per
J. David Bunston
Title Treasurer
SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement Amendment between the TOWNSHIP OF ORO-
MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION
DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT
ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and
being in the Township of Oro-Medonte (formerly Township of Oro), in the County of
Simcoe, and being composed of the whole of the lands described as follows:
PCL 2-1 Sec 51 -Oro -9; Lt 3 Con 9 Oro Being The E Y & W'/; Lt 2; Con 9 Oro Being
The E '/ & W '/ ; Pt 1, 51 r-21804, Except Pt 1, 51 r28741; Saving And Reserving
From The E'/ Lt 2 Con 9, All Mines And Minerals, Whether Solid, Liquid, Or
Gaseous, Which May Be Found To Exist Within, Upon Or Under Such Lands T/W
Full Power To Work The Same And For This Purpose To Enter Upon, Use And
Occupy The Said Lands Or So Much Thereof And To Such Extent As May Be
Necessary For The Effectual Working And Extracting Of Said Minerals, As Described
In Oro17078; Oro-Medonte Being All Of Pin # 58532-0089 (Lt), Township Of Oro-
Medonte, County Of Simcoe
SCHEDULE "B"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement Amendment between the TOWNSHIP OF ORO-
MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION
Phase 1A Lots 1-59
PLAN OF SUBDIVISION
51 M-1070