2017-024 Subdivision Agreement with Braestone Development CorporationThe Corporation of the Township of Oro-Medonte
By -Law No. 2017-024
A By-law to Authorize the Execution of a Subdivision Agreement 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 1/2 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 Oro 17078; Oro-Medonte being all of PIN # 58532-0089 (It),
Township of Oro-Medonte, County of Simcoe
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, a copy of which is attached
hereto and forms part of this By-law as Schedule "A";
2. That the Subdivision Agreement, a copy of which is attached hereto and forms
part of this By-law as Schedule "A", be registered on title against the lands
described therein;
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.
By -Law read a First, Second and Third time, and Passed this 15th Day of
February, 2017.
The Corporation of the Township of Oro-Medonte
I , H.
J. `Doug s Irwin
o
Tchip
*pof
Proud Heritage, Exciting Future
SUBDIVISION AGREEMENT
pursuant to Sections 51 (26 ) and 51(27)
of the Planning Act
- 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 1/2 & W 1/2;
LT 2 CON 9 ORO BEING THE E 1/2 & W 1/2; PT 1, 51R21804,
EXCEPT PT 1, 51R28741 & EXCEPT PLAN 51M1070; SAVING AND
RESERVING FROM THE E 1/2 LT2 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 THE SAID
MINERALS, AS DESCRIBED IN OR017078; ORO-MEDONTE
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
February 15, 2017
By -Law No. 2017-024
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
Schedule "J" -
SCHEDULES
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 for Phase 1A
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" -
General Location and Lot Grading Plans
Schedule "K" -
Form of No Occupancy Agreement
Schedule "L" -
Master Monitoring Document
Schedule "M" -
Standard Township Letter of Credit
2
TOWNSHIP OF ORO-MEDONTE
THIS AGREEMENT made as of the 10th day of November, 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 a Draft Plan with Conditions (43T-91031) 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:
O
PART -1
GENERAL REQUIREMENTS
1.1 DEVELOPER'S CONSULTING ENGINEERS
O
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 Development Engineering Policies, Process and
Design Standards (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, 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 Engineer, 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 To prepare final "as constructed" Mylar drawings which will
include the following with regard to provision of a digital Plan of
Subdivision:
Completed digital Plan of Subdivisions must be in AutoCAD 14
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 description, developer's name, file name, and date
delivered.
PKZIP Release 2.04G or higher may be used to perform file
compression if required.
It is the Developer's responsibility to ensure that all drawing
changes occurring throughout the approval process are
incorporated into the digital submission.
o
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-ordinate System".
1.1.11 To furnish the Township with a certificate 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 afore -mentioned and any cost incurred by
the Township will be the responsibility of the Developer or
individual lot owner).
1.1.12 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 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 afore -mentioned and any costs incurred by the
Township will be the responsibility of the Developer or individual
lot owner).
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 and 1.1.12, but it may be provided by a Professional Engineer,
other than the Developer's Consulting Engineer. If the Township has their
Engineer prepare the Certificate, the cost of the work will be deducted from the
n
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:
Braestone Development Corporation
85 Bayfield Street, Suite 500
Barrie, Ontario
L4M 3A7
Or by Facsimile Transmission to: (705) 730-1059
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 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 agrees to certify good title to lands by the
Developer's solicitor. 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 Developer shall pay the cost for preparation and
registration of the said deed. The Developer shall provide to the Township's
solicitor, certification 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-ways
by the Developer's solicitor. Prior to 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 a
satisfactory arrangements 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 existing private companies' plant
and equipment, which are necessary to accommodate this subdivision, shall
be borne by the Developer.
1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING
That the Developer agrees to include in all offers of purchase and sale, a
statement that advises the prospective purchaser that the public and catholic
schools on designated sites in the community are not guaranteed. Attendance
at schools yet to be constructed in the area is also not guaranteed. Pupils may
be accommodated in temporary facilities and/or be directed to schools outside
of the area.
That the Developer agrees to include in all offers of purchase and sale a
statement which advises the prospective purchaser 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.
1.11 CANADA POST
The Developer agrees to construct mailbox laybys as detailed on the
engineering drawings as per Section 2.4.2 (Plans and Specifications), a site, if
required, to the specifications and standards of Canada Post and the
Township, as required for the construction of mailboxes by Canada Post.
1.12 MINISTRY OF THE ENVIRONMENT
1.12.1 The Developer and each individual lot owner, agrees to comply with the
requirements and recommendations of the Hydrogeologist's Report -July 1990
— Buffalo Spring Hydrologic Site Assessment, Henderson Padden &
Associates Limited and a Supplement Hydrologic Investigation Ground Water
Quality and Nitrate Impact Assessment — Jagger Hims, March 1992.
1.12.2 The Developer and the Township agrees to comply with the
recommendation of the Water Supply report entitled, "Application for
Permit To Take Water - Communal Water Supply Wells", Jagger Hims
Limited — May 2008 (File 04-91340.03) and Ministry of Environment
Permit to take Water No.4076-7HFJB6 dated August 22, 2008.
1.12.3 The Developer agrees to restricting the maximum sewage flow for the
proposed Recreation Centre to 4,500 litres per day to the satisfaction
of the Township and the Ministry of Environment.
1.13 ENVIRONMENTAL LONG-TERM MONITORING
1.13.1 The Developer shall carry out any monitoring required, as set out in the
"2008 Master Monitoring Document Buffalo Springs Property prepared
by Michalski Nielsen dated Revised July 2009", and the "2013 Master
Monitoring Report Braestone project" prepared by Beacon
Environmental dated December 2013 and Revised April 2014, attached
to this Agreement as Schedule "L".
13.2 The Developer will guarantee the operation and funding of the
monitoring program, to the fixed amount of $225.00 per lot, upon the
sale of each lot, until two years after the completion of the subdivision
works and until such time as 50 percent of the lots are developed. The
Developer will guarantee the operation and funding of the monitoring
program by providing an amount of $225.00 per lot upon the sale of
each lot to the Treasurer of the Township of Oro-Medonte and that such
money will be held in a special fund to be available for monitoring and
for any remedial works which are required to protect the wetlands from
impacts generated from the development.
13.3 The Developer agrees to advise all prospective purchasers that a
"Homeowner's Environmental Stewardship Guide", dated February 25,
2008 from Stantec Consulting Limited has been prepared for their
consideration. The Developer further agrees to attach the
"Homeowner's Environmental Stewardship Guide" to each Offer of
Purchase and Sale. The "Homeowner's Environmental Stewardship
Guide" will be available for review at the Township of Oro-Medonte
Administration Centre.
1.13.4 The Developer agrees that additional collection of baseline data is
required if development immediately adjacent to the wetland does not
proceed immediately following the registration of the Plan of
Subdivision.
1. 13.5 The Township has established an Environmental Committee effective
on May 12, 2008 (See Schedule "L").
1.14 WARNING TO PROSPECTIVE LOT DEVELOPERS
The Developer shall provide copies of Clauses 1.1.11, 1.1.12 and Note 1.1,
1.8, 1.10, 1.11, 1.12, 1.13, 4.1.10, 5.5, 5.7.2, 7.3, 7.10, 7.17, 8.1, 8.1.1, 8.1.3
to 8.1.5, 8.2, 8.3, 8.4, 8.5, 9.8 and Schedules "E", "F" and "N", 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
c�
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.
2.1
2.2
2.3
2.4
10
PART -2
THE LANDS, PLANS AND REPRESENTATIONS
SCOPE OF AGREEMENT
DESCRIPTION OF LANDS
The lands affected by this Agreement are the lands described in Schedule "A"
hereto.
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.
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 hereinafter
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, the Drawings listed in Schedule "C" of
this Agreement, along with the Final Stormwater Management Report
July 2008 prepared by C. C. Tatham & Associates Ltd; and stamped
"Accepted for Construction" by AECOM, the Township's Engineering
Consultant, on November 3, 2016.
Description
LIST OF DRAWINGS
Drawing No.
C.C. TATHAM & ASSOCIATES LTD. (Contract No. 103059)
TITLE PAGE
INDEX SHEET
Phasing Plan PH -1
Legal Plan 51M -
General Servicing Plans
General Servicing Plan GS -3
General Servicing Plan GS -4
Siltation and Erosion Control
Siltation and Erosion Control SC -3
Siltation and Erosion Control SC -4
Siltation and Erosion Control Details SC -5
Drainage Plans
Pre -Development Drainage Plan DPA
10
O
Overall Post Development Drainage Plan
ODP -2
Storm Sewer Drainage Plan
STM -1
Storm Sewer Drainage Plan
STM -3
Storm Sewer Drainage Plan
STM -4
Stormwater Management Plans
Stormwater Management Plan and Sections
SWM -1
Stormwater Management Sections and Details
SWM -2
Stormwater Management Sections and Details
SWM -3
Lot Grading Plans
Lot Grading Plan
LG -6
Lot Grading Plan
LG -7
Lot Grading Plan
LG -8
Lot Grading Plan
LG -9
Lot Grading Plan
LG -10
Lot Grading Plan
LGA 1
Lot Grading Plan
LG -12
Lot Grading Plan
LGA 3
Plan and Profile Drawings
Plan and Profile Thoroughbred Drive Sta. 0+400 to Sta.
0+640
PP -10
Plan and Profile Thoroughbred Drive Sta. 0+640 to Sta.
0+880
PP -11
Plan and Profile Thoroughbred Drive Sta. 0+880 to Sta.
1+120
PP -12
Plan and Profile Thoroughbred Drive Sta. 1+120 to Sta.
1+300
PP -13
Plan and Profile Morgan Drive Sta. 0+000 to Sta. 0+240
WAT-1
PP -16
Plan and Profile Morgan Drive Sta. 0+240 to Sta. 0+530.75
PP -17
Plan and Profile Gelderland Crescent Sta. -0+010 to Sta. 0+200
PP -18
Plan and Profile Gelderland Crescent Sta. 0+200 to Sta.
0+440
PP -19
Plan and Profile Gelderland Crescent Sta. 0+440 to Sta.
0+600
PP -20
Plan and Profile Thoroughbred Drive - Outlet
PP -21
Plan and Profile Recreation Centre Storm Sewer
PP -23
Designs Standards Drawings
Notes and Details
D-1
Ontario Standards and Township Details
D-2
Ontario Standards and Township Details
D-3
Ontario Standards and Township Details
D-4
Ontario Standards and Township Details
D-5
Ontario Standards and Township Details
D-6
Water Distribution and Swabbing Plan
WAT-1
Utilities
Composite Utility Plan
CUP -1
Composite Utility Plan
CUP -2
Composite Utility Plan
CUP -3
Hydro One
Enbridge Gas
Enbridge Gas
Enbridge Gas
Bell Canada
Electrical Lighting & Details
Electrical Lighting Detail
Electrical Single Line Diagram and Details
I1
00340-16-011
5.12516258 1/3
5.12516258 2/3
5.12516258 3/3
Plan 1 to 4
E-1
E-2
E-3
2.5
2.6
Landscape (Stantec Consultina Ltd.
Title Sheet
LO
Recreation Block 126, Site Plan
L1
Recreation Block 126, Planting Plan
L2
Conceptual Pathway Layout
L3
Conceptual Pathway Layout
L4
Tree Compensation Plan & Street Tree Plan
L5
Block 122 North Planting Area
L6
Block 122 South Planting Area
L7
Details
L8
Details
L9
Details
L10
Entry Feature Design
L11
Recreation Block 126, Park Layout
L12
2.4.3 All Plans and Specifications submitted to and accepted by:
2.4.3.1
Ministry of the Environment
2.4.3.2
Electrical Distribution Utility
2.4.3.3
Township of Oro-Medonte
2.4.3.4
Ministry of Natural Resources
2.4.3.5
County of Simcoe
2.4.3.6
Nottawasaga Valley Conservation Authority
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.
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.
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 for Phase 1 B/1 C
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" -
General Location and Lot Grading Plans
Schedule "K" -
Form of No Occupancy Agreement
Schedule "L" -
Master Monitoring Document
Schedule "M" -
Standard Township Letter of Credit
12
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
Engineer.
13
C
PART -3
ORDER OF PROCEDURES
3.1 Prior to Execution of Agreement
3
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, discharges and easements or other documents
required by Schedule "G", as well as Certification from the Developer's
solicitor that the Transfer/Deeds and 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 Schedules "D" and "F".
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 "A" and that there will be no
encumbrances registered against the said lands.
14
3.2
3.3
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 Electrical Distribution Utility
3.1.11.3 Township of Oro-Medonte
3.1.11.4 Ministry of Natural Resources
3.1.11.5 County of Simcoe
3.1.11.6 Simcoe County District School Board
3.1.11.7 Simcoe Muskoka Catholic District School Board
3.1.11.8 Nottawasaga Valley Conservation Authority
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 Molars - provide for registration, Mylars of all Plans incorporated into
this Agreement as Schedules.
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 Ministry of Natural Resources/Nottawasaga Valley Conservation
Authority — file with the Township, an approval from the Ministry of
Natural Resources/Nottawasaga Valley Conservation Authority that
the Developer shall carry out all the works and recommendations
approved in all the reports required by the Ministry of Natural
Resources/Nottawasaga Valley Conservation Authority.
Prior to Final Approval
Prior to the Township consenting to the Final Approval, the Developer shall comply
with all of the Draft Plan Conditions for the Plan of Subdivision which are referentially
incorporated.
Prior to Occupancy
Prior to any person occupying a building of structure within the Plan of Subdivision,
the Developer shall comply with all requirements of Sections 8.4 and 8.6 of this
Agreement.
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7XVIIIIIIN
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 Engineer
prior to construction and the originals must be stamped as accepted by
the Township Engineer.
Submit and obtain the Township Engineer's approval of the following, all
to be in accordance with the Township's approved Engineering
Standards:
the drainage plan;
ii) the lot grading plan;
iii) the service layout plan for Electrical, Telephone and Gas;
iv) the road, watermain and sewer plans and profiles;
V) Water treatment plant;
vi) landscape plans.
4.1.3 Certificate of Approval
Submit to the Township, the Ministry of the Environment's Certificate of
Approval for Storm Sewer Works, detention facilities and waterworks.
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
Engineer. The Township and Township Engineer 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 Engineers, 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 Engineer may amend this Schedule
and the Developer shall construct, install or perform the works as the
Township Engineer, 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 shall be prepared by the Developer's
Engineer for approval by the Township Engineer and the Ministry of
Natural Resources/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/Ministry
of Natural Resources Interim Stormwater Quality Guidelines.
4.1.7 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 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 Engineer and the
Ministry of Natural Resources/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 Engineer
and the Ministry of Natural Resources/Nottawasaga Valley
Conservation Authority. 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
Engineer and the Ministry of Natural Resources/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 Engineer, 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 Engineer, 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
17
of this Agreement, but no longer than two years from the date of
registration of this Agreement, unless extended by the Township
Engineer. 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 Engineer 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.
4.1.10 Establishment of Corporation
The Developer shall establish a corporation to which the wetland blocks
be conveyed to said corporation. Initially shares in the Corporation shal
be held by the Developer and shares shall be transferred to each lot
owner upon closure of the lot sale. The lot owners, through the
Corporation are thereafter responsible for the management and
protection of the wetlands in its possession under the supervision of the
Ministry of Natural Resources. The Township shall ensure that the
Corporation's operational plan is similar to that of the Indian Park
Association. The Corporation shall ensure that the wetlands are utilized
for those purposes expressively permitted in the implementing Zoning
By-law.
The appropriate common elements condominium plan shall be
registered after the registration of the required M -Plan of the
subdivision. No Occupancy Certificate for a building permit shall be
issued in accordance with Section 8.6 of this Agreement until such time
as the Corporation has been established and the require Common
Elements Condominium Plan has been registered.
The Developer shall dedicate the Recreation Block, Water Treatment
Plant block and open space blocks including walkways and trails to the
Township for public purposes, as per Schedule G attached to this
Agreement.
During the second phase of registration for this development, the
wetland blocks within said phase shall be permitted to be either:
i) The Developer shall convey the wetland blocks to the
Resident's Corporation established in the first phase of
registration; or
ii) The Developer shall convey the wetland blocks to a
conservancy similar land stewardship interest (public or
private) as approved by the Township.
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o ,o
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.
WE
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'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 deemed
necessary by the Township. In this regard, the Developer agrees to pay to the
Township, the sum of TEN THOUSAND DOLLARS ($90,000.00) 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. 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
5.5
The Developer shall deal directly with all Utility companies. He 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 (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.
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.
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.
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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 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 Engineer and
Township Council, or:
b) An irrevocable Letter of Credit from a Chartered Bank, issued in
accordance with the requirements of Schedule "M" with an automatic
renewal clause, in the 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 Engineer. 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 Engineer 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
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.
In the event that the tendered contract price for the Township services
set out in Schedule "D" is greater by 10% than the estimates in the said
Schedules, then the security provided for above shall be increased to
an amount equal to the tendered contract price.
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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 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 costs 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.
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 parry 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 Engineer, 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. This amount, when approved by the Township Engineer, shall
be retained along with twenty percent (20%) of the completed work
22
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 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 Engineer, 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 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.
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
contractor duly qualified to do such work;
d) shall include the following names as insureds:
(i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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5.10.3 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 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.
I7,IEU
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 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 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 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 obtained substantial completion
(underground) 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.
The operation of the water works including the Water Treatment Plant will
continue to be carried out by the Township. The Developer will be responsible
for these operation costs until the Township has assumed the responsibility of
these services.
The subdivision is to be developed in the following Phases:
Phase 1 B-1 C Lots 1 to 59 Plan 51 M-
r'F1
�J 0
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 Engineer 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 Engineer.
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
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.
7.4.2 The Developer shall prepare and implement a vegetation plan/tree
planting plan that outlines where and how the vegetation buffer will be
enhanced with trees and shrub plantings to protect the wetland and
fisheries resources where natural vegetation on the buffer does not
26
exist or is insufficient to provide an adequate vegetation buffer for
approval by the Township and the Ministry of Natural Resources. In
addition, the tree planting plan (Tree Compensation Plan 1-5) shall
require planting of up to three (3) 2.4 metre or taller hardwood trees on
those lots not having any tree cover.
7.4.3 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 and the Ministry of Natural Resources.
7.4.4 The Developer shall plant minimum two (2) hardwood trees (2.4 metre
or taller) of a minimum of 50mm caliper on each lot having less than
three (3) trees in the front yard(s) all in accordance with Tree
Compensation Plan L5, in Schedule "C".
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 Engineer.
7.6 BLASTING
Before any blasting is proceeded with by the Developer, the Developer shall
obtain from the Township Engineer or Township Public Works 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 Engineer and Township Public Works Official
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 Public Works Official. For the purpose of getting such consent, the
Developer shall advise the Township Public Works Official 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 Public Works Official and Township Engineer for the purpose of
compiling an inventory of existing conditions prior to work on the subdivision.
Otherwise, the Township Public Works Official's assessment 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
27
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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 facsimile) from the Township's Engineer
regarding a dust control problem, then the Township's Engineer, 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 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
Engineer 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 Engineer 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 underground services, the Developer shall
provide the Township Engineer 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
Engineer. 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.
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 FIFTYDOLLARS
($50.00) 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
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Township Engineer 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 Engineer. 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
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 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 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 Engineer. 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 storm sewer system, stormwater works and waterworks
including the Water Treatment Plant will be constructed, inspected and
approved prior to the completion of the other works, including roads,
boulevards, utilities and street lights.
Building Permits will not be issued until the Township Engineer 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 period, the Developer shall be responsible for the
normal operation and maintenance and all repairs for the services noted in the
Certificate. The operation of the water works including the Water Treatment
Plant is outlined in Clause 7.19(ii).
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.
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 operation of the water works including the Water Treatment Plant will
continue to be carried out by the Township. The Developer will be responsible
for these operation costs until the Township has assumed the responsibility of
these services.
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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 overall Lot Grading Plan LG -6 to LGA 3
prepared by C.C. Tatham & Associates Ltd., and approved by the Township's
Engineering Consultant and the Township. Some fill and re -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.
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.
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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 open ditches within the
subdivision or urban cross section including curb and gutter and storm sewers,
and will be in accordance with the Storm Sewer Drainage Plan STM -1, STM -3,
and STM -4, Overall Post Development Drainage Plan ODP -2 and Stormwater
Management Sections and Details SWM -1 to SWM -3 prepared by C.C.
Tatham & Associates Ltd., and approved by the Township's Engineering
Consultant and the Township.
7.18 PARKLAND/RECREATION BLOCK
All parkland/recreation block works indicated in Schedule "H" for portions of
Blocks 122 and 126 and consisting of Landscape Drawings L1 to L12 are to be
constructed in accordance with Section 14 — Park Requirements of the
Township of Oro-Medonte Development Engineering Policies, Process and
Design Standards (dated April 27, 2016). The Township and the Developer
agree that revisions to the proposed parkland works are permitted, and will be
subject to an amendment to this agreement, and are subject to the acceptance
of such parkland revisions by the Township.
The additional parkland/recreation block dedications and required works will be
dedicated to the Township as part of Phase 1 B-1 C of the subdivision
agreement. The parkland/recreation works shall be completed at the expense
of the developer. The Township will contribute up to a maximum of $30,000
for the purchase, installation and surfacing for the playground development
which includes rubber resilient surfacing. The specifications are noted on
Schedule 1 and Schedule 2 identified in Schedule H. The selection of the
playground equipment will be mutually agreed upon by both parties prior to
park construction and will not exceed a maximum total value of $75,000.
The parkland/recreational block works must be completed to the satisfaction of
the Township and the phasing of these works will be to the satisfaction of the
Township.
7.18.1 Fill Clause
The Township has agreed in principal to grant permission to the
Developer to "fill" or "cut" certain areas of the Parkland once the lands
have been conveyed to the Township. The Developer shall submit
engineering plans to the Township for its final review and approval prior
to conducting the permitted works ("fill or "cut"). Further, the Developer
shall complete a "tree assessment" of the area subject to the work, in
order to establish a "Tree Compensation Strategy' which shall be the
responsibility of the Developer. The "Tree Compensation Strategy"
shall be part of the Phase 2 subdivision agreement, and those works
along with plans shall be reviewed and approved by the Township at
that time and all subject to the Developer costs. (Indemnification as
works conducted will be on Township Property)
7.18.2 Planting Schedules
Schedule "1" Planting for Slope Stabilization
Basic landscaping and all planting required for slope stabilization. These
works will occur at the time of construction. Street trees would be included in
this schedule.
Planting Area prior to maintenance period:
Would consist of all other plantings. Planting would be planted prior to starting
maintenance period.
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7.19
The Township reserves the right to amend this schedule timing (Planting
Schedule) at its sole discretion, based on site conditions at the time of
recreation block construction.
For the purposes of this Subdivision Agreement:
(i) The term "Underground Services" shall mean the storm drainage works
(including culverts, storm sewer and storm drainage works); the water
works (including piping, values, hydrants, services to lots, sample station,
PVR's and Water Treatment Plants); and underground electrical
distribution system and street lighting serving the Plan of Subdivision, as
more particularly described in Schedule "C" to this Subdivision
Agreement. The operation of the Water Treatment Plant will be carried out
by the Township after the commissioning of the system and facility, and
the issuance of this Certificate. The Developer will be responsible for the
operation costs during the two year maintenance period until the issuance
of the Certificate of Maintenance and Final Acceptance (Municipal
Underground Services).
(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 Engineer 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 Engineer. 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 Engineer 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 Engineer 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
Engineer. 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 Engineer confirming that the
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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.
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.
(ix) The term "operation costs" shall mean the costs incurred by the Township
of Oro-Medonte Transportation & Environmental Services Department to
carry out at least two visits per week to the facility as part of the mandated
MOE requirements; plus additional costs for visits as a result of system
alarms. The costs for the supply of labour, chemicals, sampling material
and laboratory testing for the operation of the Water Treatment Plant will
also be included in the operation costs, along with payroll burden at 40%,
administration at 7%, and HST at 13%.
The cost of such works to be at the following rates:
Transportation $10.00/hr
Labour $33.50/hr
Payroll Burden 40%
Administration 7%
H.S.T. 13%
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PART -8
10
BUILDING PERMITS AND OCCUPANCY
8.1 TOWNSHIP OF ORO-MEDONTE
The Developer further agrees that he or any person, persons, or Corporation
claiming title through the Developer, will not apply for a Building Permit for any
part or portion of the said lands or on any lot therein, and no Building Permit
shall be issued until a Sewage System Permit approval has been received for
the land in question.
The Developer's Engineer shall prepare an overall Lot Development Plan for
approval by the Township, Township Engineer 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) an envelope showing the location, size and elevation of the subsurface
sewage system on each lot and all pertinent engineering design criteria.
c) existing and proposed grades of the disturbed area of lot after building,
drainage and sewage works have been completed.
d) existing and proposed grades on lot corners and mid -lot elevation.
e) location and type of proposed water supply.
8.1.1 The Developer agrees to advise all prospective lot Developers
that a detailed Site Development Plan for each lot may be
required to be prepared by a Professional Engineer registered
with the Association of Professional Engineers of Ontario,
experienced in private sewage system design, for approval by
the Township Engineer, prior to the issuance of a Sewage
System Permit for each respective lot. Individual lot grading
plans, which conform to the overall Lot Development Plan at an
approved metric scale using metric dimensions and elevations,
shall include the following:
a) 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).
b) the location, size and elevation of the sewage system, all
engineering design criteria and standards pertaining thereto,
shall be provided.
c) the location and type of water supply, including the water
service line to the dwelling.
d) the existing and proposed grades of the disturbed area on the
lot after building, drainage and sewage works have been
completed.
e) the location and grades of any proposed drainage swales.
f) the location and proposed details for the proposed roof leader
soak -away pit.
g) the Professional Engineer will be required to check the
elevations of the footings of the buildings prior to further
construction to ensure conformity with the approved Plans
noted above.
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h) the Professional Engineer will be required, prior to the
issuance of a Final Inspection Report, to certify to the
Township, in writing, that the foregoing works have been
carried out in accordance with the approved Plans noted
above.
8.1.2 The Developer further agrees to construct all works required under
Clause 7.17, as shown on the approved Lot Grading Plan LG -6 to LG -
13, Storm Sewer Drainage Plan STM -1, STM -3, and STM -4, Overall
Post Development Drainage Plan ODP -2 and Stormwater Management
Sections and Details SWM -1 to SWM -3 and Siltation and Erosion
Control Plan SC -3 to SC -5, all prepared by C.C. Tatham & Associates
Ltd., to the satisfaction of the Township and the Township's Engineering
Consultant.
8.1.3 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
of a Sewage System Permit.
8.1.4 The Developer agrees that final approval of this Plan will not be given
until the improvements to Line 9 North and to the intersection of County
Road #22 are properly funded. (Completed)
The Developer further agrees that Building Permits may be issued for
the first fifty percent (50%) of the residential building lots, subject to
entering into the Line 9 North Intersection and County Road #22 Road
Improvement Agreement. (Completed)
Building Permits for the remaining fifty percent (50%) of the lots will not
be issued until a Holding Provision applying to these lots is lifted in
accordance with the Planning Act. Holding Provision applying to the
lots specified shall only be lifted at such time as the Township confirms
that identified improvements to County Road #22 and Line 9 North have
been completed, or are in the process of being completed, to the
satisfaction of the County of Simcoe. (Completed)
The Developer has entered into agreements with the Township and the
County of Simcoe dated June 25, 2009 (Township's agreement) and
August 21, 2009 (County of Simcoe's agreement).
8.1.5 The Developer shall install a reasonably permanent marking or
monument system clearly identifying the location of the wetland buffer
on each lot or block affected, prior to occupancy of any such residential
lot or block. Further, the developer agrees to include a statement
advising of the marking system requirement in all offers to purchase and
Agreements of Purchase and sale for said lots and blocks.
8.1.6 Model Homes
Notwithstanding Section 7.14 (Substantial Completion of Underground
services) and Section 8.2 (Requirements for Building Permits), the
Township agrees, after registration of the plan, that the Developer, once
making Building permit application and receiving approval from the
Development Services Committee for a model(s) home, the Township
shall issue model home permit(s) for such lots and locations as are
acceptable to the Township subject to the plans being in conformity with
the Ontario Building Code, and the Developer not being in default of any
of the terms in this Agreement. The Developer agrees that none of the
model home(s) shall be occupied until a Provisional Certificate of
occupancy has been issued for each model home in accordance with
the normal occupancy provisions of this agreement.
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In the event the Developer wishes to erect a model home(s) prior to the
registration of the Plan, the Developer shall be subject to the
requirements (Separate site plan agreement) of the Township, and
these requirements shall not supersede or in any way relieve the
Developer of its responsibilities as set out in this Agreement.
8.2 REQUIREMENTS 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 Building
Permits, when applied for, will be issued in respect of the lots or blocks shown
on the Plan.
Notwithstanding the foregoing, no Building Permits will be given and the Chief
Building Official may refuse any application until:
(i) Sewage system approvals have been obtained and submitted to the
Township. The Township of Oro-Medonte sewage approval authority
requirements are set out in Clauses 7.17 and 8.1.
(ii) The Storm Water Management System and Waterworks have been
installed, tested and approved by the Township Engineer and he has
issued his Certificate of Substantial Completion and Acceptance
(Municipal Underground Services).
(iii) Plans for remaining underground services such as Bell Telephone,
Electricity or Natural Gas have been approved.
(iv) 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.
(v) 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.
(vi) Signs denoting "Unassumed Roads" 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 in accordance
with the Lot Grading Requirements identified in Section 4.12 of the
Township of Oro-Medonte Development Engineering Policies, Process
and Design Standards (dated April 27, 2016), 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 Lot
Grading Plans, 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 the issuance of a Building Permit. A copy of
the receipt payment to the Township must be provided to the Township
Engineer prior to their review of the Lot Development Plan.
(viii) All dead trees within the limit of the Plan have been removed. No tree
removal is to take place in identified wetlands and Open Space areas;
unless there is a safety concern with tree(s), in which case the tree(s)
are to be close cut.
(ix) Arrangements have been made and approved by the Township for
Municipal Address System numbering, as set out in Clause 8.4.
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(x) The parkland must be completed to the satisfaction of the Township, as
per Clause 7.18.
(xi) The Traffic and Street Name signs have been installed and approved by
the Township.
(xi) Any Development Charges have been paid, in full, in accordance with
the applicable Development Charge By -Laws, enacted pursuant to the
Development Charges Act, 1997, as well as By -Laws enacted pursuant
to Section 257.53 of the Education Act, or alternate arrangement
satisfactory to the body enacting the Development Charge By -Law,
have been made and the same has been communicated to the Chief
Building Official for the Township of Oro-Medonte, in writing, by such a
body.
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 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.
8.4 SPECIAL BUILDING PERMITS
8.4.1 No Occupancy Agreement
Building permits cannot be obtained or issued until certain vital services listed
in Section 8.2 are installed and accepted by the Township's Engineering
Consultant and the Township. The Township agrees that if the Developer or a
builder wishes to obtain a building permit prior to the installation of vital
services listed in Section 8.2, a building permit may be issued provided the
Developer or builder has executed a "No Occupancy Agreement" in the form
set out in Schedule W' and has deposited the sum of $7,000.00 in bond per lot
or unit with the Township as a guarantee that no building that no building or
structure will be occupied and subject to the registration on title of the "No
Occupancy Agreement." The Owner agrees to be liable to pay all costs
related to the preparation, registration and release of the "No Occupancy
Agreement".
8.4.2 Forfeiture of Deposit
The Developer agrees that should any building or structure on the Plan be
occupied prior to completion of all the requirements set out in Section 8.2, any
and all deposits filed under this Agreement are immediately forfeited to the
Township and this Agreement is deemed to be fundamentally breached, in
which case the township shall be entitled to draw upon any securities or
deposits held under this Agreement.
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. 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).
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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 CERTIFICATE OF OCCUPANCY will not be issued until:
(i) The roadway has received the granular roadbase materials full
depth and the base course of asphalt, provided asphalt is
commercially available.
(ii) The underground electrical, telephone lines, gas mains and
street lights have been installed and approved by the Township
Engineer.
(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, that the building constructed,
and the final grading of the
lot or block, is in conformity with the General Location and Lot
Grading Plans, or such variance there from 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 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 with the Township's
Engineering Standard.
(v) The trees have been planted on the lot by the Developer in
accordance with Clause 7.4. Trees shall be planted prior to
assumption.
(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.
(vii) The Corporation and Common Elements Condominium Plan
outline in Section 4.1.10 of this Agreement have been
established and registered respectively.
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 8.5 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
ONE HUNDRED DOLLARS ($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
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end when the Developer obtains a certificate from the Township Engineer 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.
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 underground
services, the Township Engineer 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 operation of the water works including the Water Treatment Plant will
continue to be carried out by the Township. 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
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 Official shall make an inspection to
ensure that the Township will accept the road system. The Township Engineer
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 Council 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
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 on a regular basis. Areas which are to remain "Naturalized"
condition will not be mowed. 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 Engineer may, without further notice, undertake such maintenance
work and the total cost of such work, including Engineering fees, shall be
39
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, 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 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 operation of the water works including the Water Treatment Plant will
continue to be carried out by the Township. The Developer will be responsible
for these operation costs until the Township has assumed the responsibility of
these services.
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 Public Works Official. 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 -40%
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.
ZZ
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 Engineer will again inspect the work and
if satisfied, will recommend to the Township that the Certificate of Maintenance
and Final Acceptance be issued.
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 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, 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 the
subsequent owners, from time to time, of the lots or blocks within the Plan of
Subdivision. The Developer and 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 the owner, 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/or subsequent lot owner. 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.
CII
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
and/or Occupancy Permits, and the Developer agrees not to apply for any
Building Permits or Occupancy Permits 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.
eya
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 '19th day of Mvember, 201.1
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per
..S.
BRAEST NE CORPORATION
J. David Bunston
Title Treasurer
43
SCHEDULE"A"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement 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 1/2 & W 1/2; LT 2 CON 9
ORO BEING THE E 1/2 & W 1/2; PT 1, 51R21804, EXCEPT PT 1, 51R28741 &
EXCEPT PLAN 51 M1070; SAVING AND RESERVING FROM THE E 1/2 LT2 CON
9, ALL MINES AND MINERALS, WHETHER SOLID, LIQUID OR GASEOUS, WHICH
MAY BE FOUND TO EXIST WITHIN, UPON OR UNDER SUCH LANDS TM/ 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 THE SAID MINERALS, AS DESCRIBED IN ORO17078; ORO-
MEDONTE
44
O
SCHEDULE"B"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND BRAESTONE DEVELOPMENT CORPORATION
Phase 1B -1C 59 Lots
PLAN OF SUBDIVISION
51-M
45
fo
SCHEDULE"C"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND BRAESTONE DEVELOPMENT CORPORATION
WORKS TO BE CONSTRUCTED
Construction of storm sewers and appurtenances, watermains and appurtenances,
including service connections, all road works, including roadside ditches in
accordance with the approved Engineering Drawings to service the Braestone
subdivision in the Township of Oro-Medonte.
LIST OF DRAWINGS
C.C. TATHAM & ASSOCIATES LTD. (CONTRACT NO. 103059)
TITLE PAGE
INDEX SHEET
Description
LIST OF DRAWINGS
Drawing No.
C.C. TATHAM & ASSOCIATES LTD. (Contract No. 103059)
TITLE PAGE
INDEX SHEET
Phasing Plan PH -1
Legal Plan 51M -
General Servicing Plans
General Servicing Plan GS -3
General Servicing Plan GS -4
Siltation and Erosion Control
Siltation and Erosion Control SC -3
Siltation and Erosion Control SC -4
Siltation and Erosion Control Details SC -5
Drainage Plans
Pre -Development Drainage Plan
DP -1
Overall Post Development Drainage Plan
ODP -2
Storm Sewer Drainage Plan
STM -1
Storm Sewer Drainage Plan
STM -3
Storm Sewer Drainage Plan
STM -4
Stormwater Management Plans
Stormwater Management Plan and Sections
SWM -1
Stormwater Management Sections and Details
SWM -2
Stormwater Management Sections and Details
SWM -3
Lot Grading Plans
Lot Grading Plan
LG -6
Lot Grading Plan
LG -7
Lot Grading Plan
LG -8
Lot Grading Plan
LG -9
Lot Grading Plan
LGA0
Lot Grading Plan
LGA 1
ku
Lot Grading Plan LG -12
Lot Grading Plan LG -13
Plan and Profile Drawings
Plan and Profile Thoroughbred Drive Sta. 0+400 to Sta. 0+640
PP -10
Plan and Profile Thoroughbred Drive Sta. 0+640 to Sta. 0+880
PP -11
Plan and Profile Thoroughbred Drive Sta. 0+880 to Sta. 1+120
PP -12
Plan and Profile Thoroughbred Drive Sta. 1+120 to Sta. 1+300
PP -13
Plan and Profile Morgan Drive Sta. 0+000 to Sta. 0+240
PP -16
Plan and Profile Morgan Drive Sta. 0+240 to Sta. 0+530.75
PP -17
Plan and Profile Gelderland Crescent Sta. -0+010 to Sta. 0+200
PP -18
Plan and Profile Gelderland Crescent Sta. 0+200 to Sta. 0+440
PP -19
Plan and Profile Gelderland Crescent Sta. 0+440 to Sta. 0+600
PP -20
Plan and Profile Thoroughbred Drive - Outlet
PP -21
Plan and Profile Recreation Centre Storm Sewer
PP -23
Designs Standards Drawings
Notes and Details
D-1
Ontario Standards and Township Details
D-2
Ontario Standards and Township Details
D-3
Ontario Standards and Township Details
D-4
Ontario Standards and Township Details
D-5
Ontario Standards and Township Details
D-6
Water Distribution and Swabbing Plan
WAT-1
Utilities
Composite Utility Plan
CUP -1
Composite Utility Plan
CUP -2
Composite Utility Plan
CUP -3
Hydro One 00340-16-011
Enbridge Gas
5.12516258 1/3
Enbridge Gas
5.12516258 2/3
Enbridge Gas
5.12516258 3/3
Bell Canada Plan 1 to 4
Electrical Lighting & Details E-1
Electrical Lighting Detail E-2
Electrical Single Line Diagram and Details E-3
Landscape (Stantec Consultina Ltd.
Title Sheet
LO
Recreation Block 126, Site Plan
L1
Recreation Block 126, Planting Plan
L2
Conceptual Pathway Layout
L3
Conceptual Pathway Layout
L4
Tree Compensation Plan & Street Tree Plan
L5
Block 122 North Planting Area
L6
Block 122 South Planting Area
L7
Details
L8
Details
L9
Details
L10
Entry Feature Design
1-11
Recreation Block 126, Park Layout
L12
NOTE:
The aforementioned drawings were stamped "Accepted For Construction" by
AECOM, the Township's Engineering Consultant, on November 3, 2016
47
SCHEDULE"D"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND BRAESTONE DEVELOPMENT CORPORATION
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE
WORKS FOR PHASE 1 B/1 C
The following list summarizes the cost estimate of the major works, but is not
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ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE
WORKS FOR PHASE 1 B/1 C
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SCHEDULE"D"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND BRAESTONE DEVELOPMENT CORPORATION
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE
WORKS FOR PHASE 1B/1C
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$am
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$12G0.m
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6
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0
SCHEDULE"D"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND BRAESTONE DEVELOPMENT CORPORATION
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE
WORKS FOR PHASE 1B/1C
9400
Na OnM n
U.K
M.
Oue
O Nt Bda
Cat
W*di m fW
Ww O&Undin
113 "W
IS
1
3200]00
$2m0.m
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$2000.00
4.23 SeedWft
f/.mQm
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5050 15
5550,61250
$44.0175
9.0 Faeavam
Mai a -to
9.01 Topwk ee5aNF0trJ1
400
$250
31.135.m
Som
$1126m
100 OA;ABdnlammxd
m'
IN
M.m
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9.00
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90J e517a'e
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$11,mam
$am
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$am
$3.m0.m
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m
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51
SCHEDULE"D"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND BRAESTONE DEVELOPMENT CORPORATION
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE
WORKS FOR PHASE 1 B/1 C
M
Rem
Nn OeeW Wn
18%Alkiwmcelor Fn91nMn9
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m
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54 67211$
$3, nods
53&8825p
$
429,072.36
SubSaw $
4,1/9178169
13%Hn $
613,573.44
Tobi S
5j113 9.12
IetlertfCrtS�irtqulr ibr5ub8Mtlon R9mnienl
Remalnln90ubWAn9Woh S 561,m2W
18%o/CattpleteB Wah S 358.SnW
SecaAOn Retinal byTannNip S 9J3,71959
52
SCHEDULE "E"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND BRAESTONE DEVELOPMENT CORPORATION
LIST OF LOTS REQUIRING SPECIAL ATTENTION
1.0 Septic tile beds are not to be constructed within the steep slope limits
(slopes greater than 15%), as indicated on the Engineering Drawings.
2.0 The following lots adjacent to wetland areas may require mantles: Lots 1-
5, and 8-9.
3.0 The limits of the 16 metre buffer from the wetland on Lots 1-5, and 8-9 with
no development being permitted in the buffer, and that these Lots be
subject to Site Plan Control under Section 41 of the Planning Act.
Permanent markers will be placed at the intersection of the side lot line
and/or near lot line and the line denoting the limits of the 16 metre buffer,
as per approved landscape plan.
4.0 Site Plans for the Lots as per Site Plan By-law 2008-069 (Lots 1 to 5, 8 to
9) shall be submitted to the Township and MNR for approval showing the
following information:
The location of building envelopes;
The location of primary and reserve tile fields;
The location of laneways and parking areas;
The location of lands which have a slope greater than 15%;
The location of swimming pools and tennis courts, or any other proposed
structure or facility;
The location of the wetland buffer;
The extent of the forest cover to be maintained on the Lot;
A landscape and/or mitigation concept based on naturalization principles,
which generally respond to the following guidelines:
The Site plans shall comply with the recommendations found in the reports
prepared by Stantec Consulting Ltd. entitled "Updated EIS, - February 2009
and General Vegetation Management Report Buffalo Springs Phase One —
May 14, 2009."
No alteration of soil mantles in protected areas, with the exception of the tile
field mantles;
Any Offer of Purchase and Sale for Lots listed in 3.0 and 4.0 shall contain a
clause which states that the Lots are subject to Site Plan Control under
Section 41 of the Planning Act, and that development will not be permitted
on the Lots until a Site Plan Agreement has been entered into between the
municipality and the Owner of the Lot.
5.0 The parkland/recreational block works (Schedule H) must be completed to
the satisfaction of the Township prior to the issuance of 25 per cent (25%)
of the total building permits allowed in the subdivision with the exception of
all structures and fixtures which must be completed by 40 per cent (40%) of
the total building permits allowed in the subdivision.
53
l
J
SCHEDULE "F"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND BRAESTONE DEVELOPMENT CORPORATION
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's By -
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 superceded by subsequent By -Laws enacted in
accordance with the respective legislation.
(iv) Development Charges in accordance with the County of Simcoe's By-law at
the rate applicable, upon the issuance of the first building permit for each lot upon
which charges are payable.
54
�J
SCHEDULE"G"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND BRAESTONE DEVELOPMENT CORPORATION
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 easement shall be conveyed as part of Phase 1 B-1 C:
Block 61 — Parkland
Block 62 — Stormwater Management
Block 63 — Stormwater Management/Emergency Access
Block 64 — Open Space
Block 65 — Open Space
Block 66- Open Space
Block 67 — Recreation
0.3 metre Reserves — Block 60
Parts 1 and 2 of Plan 51 R- (Daylighting Triangles)
(Storm sewers)
Part of Lots 8 and 9, Parts and of Plan 51 R- (Drainage Easement)
(Watermain looping)
55
610IM1491119140W
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND BRAESTONE DEVELOPMENT CORPORATION
PARKLAND AND RECREATION BLOCK
Parkland/Recreation Block
The following blocks are to be dedicated to the Township for parkland purposes:
Block 61
Block 65
Block 66
Block 67
and are to be developed in accordance with the provisions of Clause 7.18 of this
Agreement and the approved drawings
56
SCHEDULE "I"
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
DEVELO
'��]►L.Y�1��1�[H�dCelti,l�
As required by the Agreement between the CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION
The Developer(s)
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 Clause 8.5,
shall be complied with.
b) Granular "B" and Granular "A" on or before November 30. 2016
c) Grading, topsoiling and seeding of private blocks and parks on or before
November 30. 2019
d) Boulevard sodding on all roads on or before November 30, 2019
e) Hot asphalt on or before December 9. 2019
f) Planting of trees on or before November 30, 2019
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 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;
57
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 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 re ' e the Township.
BRAESTONE DEVELOPMENT CORPORATION
Seal or Witness
113
�AtA 6.
Date
SCHEDULE "J"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND BRAESTONE DEVELOPMENT CORPORATION
GENERAL LOCATION AND LOT GRADING PLANS
PROCEDURE
After the General Location and Lot Grading Plan have been approved by the
Township,
then:
a) six copies to be delivered to the solicitor for the Township.
b) six copies to be delivered to the Township.
c) Mylars for each Plan incorporated into the Subdivision Agreement shall be
delivered to the solicitor for the Township.
59
s
SCHEDULE "K"
FORM OF NO OCCUPANCY AGREEMENT
THIS AGREEMENT made in duplicate this day of , 2017
BETWEEN:
(hereinafter called the "Owner")
OF THE FIRST PART
AND: THE CORPORATION OF THE TOWNSHIP OF ORO
-MEDONTE
(hereinafter called the "Township")
OF THE SECOND PART
WHEREAS the Owner represents that it is the owner of the lands hereinafter described
(under an agreement to purchase the lands from by reasons of an agreement dated
the day of 2017.).
AND WHEREAS the lands hereinafter described form part of a Plan of Subdivision
(Plan No. 51M- ) covered by a Subdivision Agreement between (Owner) and the
Township, dated the 22nd day of February, 2017.
AND WHEREAS the said Subdivision Agreement provides that the building permits
may be issued prior to roads and other municipal services being fully completed in
accordance with the terms of the Subdivision Agreement upon certain conditions.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
Township issuing a building permit for the completion of a dwelling on Lot as
shown on a plan registered in the Registry Office for the Registry Division of the County
of Simcoe as Number or as shown on Plan files in the Land Titles Office of the County
of Simcoe at Barrie as Parcel Number , the Owner for itself, its heirs, executors,
administrators and assigns, hereby convenants and agrees that it will not occupy or
permit anyone else to occupy the said dwelling or any part thereof until all the
Underground Services and roads as required in the Subdivision Agreement, have been
constructed, installed and provided, and have been accepted by the Township and its
Engineer, and the travelled surface has been constructed to the satisfaction of the
Township's Engineer, and the travelled surface has been constructed to the
satisfaction of the Township's Engineering Consultant pursuant to the Subdivision
Agreement and adequate provisions have been made to provide for surface drainage
and a satisfactory dust preventative has been applied.
The Owner further covenants that it is the owner of the lands hereinbefore referred to
The Owner convenants that this Agreement may be registered against the said lands.
The Owner further covenants to pay a cash or bond deposit to the ownership upon
execution of this Agreement which will be forfeited to the Township if occupancy is
allowed by the Owner in contravention of this Agreement or the Subdivision
agreement and the Owner agrees to pay the cost of registration and to pay the
Township for discharge of this Agreement.
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
2017.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per
K.S. Hughes
Title Mayor
J. Douglas Irwin
Title Clerk
BRAEST NE E L NT CORPORATION
Per
J. David Bunston
Title Treasurer
I have the Authority to bind the Corporation
61
4a
SCHEDULE "L"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND BRAESTONE DEVELOPMENT CORPORATION
MASTER MONITORING DOCUMENT
The Developer shall collect baseline data respecting groundwater and surface water
in accordance with the "Master Monitoring Document Buffalo Springs Property"
prepared by Michalski Nielsen Associates Limited, dated January 2006.
The Developer shall develop a long term monitoring program to the satisfaction of the
Ministry of Natural Resources to be administered by an Environmental Committee
and prepared in accordance with the "Monitoring Program — Environmental Impact
Study SabistonNaldoro and Buffalo Springs Development" prepared by Michael
Michalski associates on October 11, 1994.
The Developer has obtained approval from the Ministry of Natural Resources by their
letter dated July 16, 2009, in which the Ministry has approved the 2008 Master
Monitoring Document dated December 2008 (Revised July 2009), which fulfills the
Ontario Municipal Board condition and in which the developer shall comply with.
62
SCHEDULE"M"
SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP
DATE OF ISSUE:
NAME OF BANK:
ADDRESS OF BANK:
LETTER OF CREDIT NO.:
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
AMOUNT: $ 943,379,59
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, LOL 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
63
LRO # 51 Notice Of Subdivision Agreement Receipted as SCII421439 on 2017 0619 at 13:49
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 65
Properties
PIN 58532 - 0196 LT ❑✓ Redescription
Description LOTS 1 TO 59 INCLUSIVE AND BLOCKS 61 TO 67 INCLUSIVE,
PLAN 51M1113; ORO-MEDONTE
Address COLDWATER
Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land.
Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Address for Service 148 Line 7 South
ORO-MEDONTE ON LOL 2E0
This document is not authorized under Power of Attorney by this party. -
This document is being authorized by a municipal corporation by ANDRIA LEIGH, Director of Development Services
Party To(s) Capacity Share
Name BRAESTONE DEVELOPMENT CORPORATION
Address for Service 85 Bayfield Street, Suite 500
BARRIE ON L4M 3A7
Statements
This notice is for an indeterminate period
This document is being registered pursuant to Inhibiting Order SC1421328 registered on 2017/06/19
Schedule: See Schedules
Signed By
Klaus Nick Jacoby 34 Clapperton St., P.O. Box 350, acting for Signed 2017 06 19
Stn. Main Applicant(s)
Barrie
L4M 4T5
Tel 705-726-0238
Fax 705-726-9197
I have the authority to sign and register the document on behalf of the Applicant(s).
Kenneth Edward Bailey
Tel 705-792-9279
Fax 705-730-1059
85 Bayfield Street Suite 500 acting for Signed
Barrie Party To(s)
L4M 3A7
I have the authority to sign and register the document on behalf of the Party To(s).
2017 06 19
Submitted By
Kenneth E. Bailey Professional Corporation 85 Bayfield Street Suite 500 2017 0619
Barrie
L4M 3A7
Tel 705-792-9279
Fax 705-730-1059
LRO # 51
O
Notice Of Subdivision Agreement
The applicant(s) hereby applies to the Land Registrar.
Fees/Taxes/Payment
Statutory Registration Fee $63.35
Total Paid $63.35
File Number
Applicant Client File Number: JK -23,116
10
Receipted as SC1421439 on 2017 0619 at 13:49
yyyy mm dd Page 2 of 65
0
LRO # 51 Transfer
The applicants) hereby applies to the Land Registrar.
Properties
PIN 58532 - 0196 LT Interest/Estate Fee Simple
Description BLOCK 60, PLAN 51M-1113
TOWNSHIP OR ORO-MEDONTE
COUNTY OF SIMCOE
Address COLDWATER
Consideration
Consideration $ 1.00
Transferor(s)
The transferor(s) hereby transfers the land to the transferee(s).
Name BRAESTONE DEVELOPMENT CORPORATION
Address for Service 85 Bayfield Street, Suite 500, Barrie, Ontario L4M 3A7
I, J. David Bunston, Treasurer, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
0
Receipted as SC1421445 on 2017 06 19 at 13:49
yyyy mm dd Page 1 of 2
Transferee(s) Capacity Share
Name THE CORPORATION OF THE TOWNSHIP OF Registered Owner
ORO-MEDONTE
Address for Service 148 Line 7 South, Oro-Medonte, Ontario LOL 2E0
Statements
This document is being registered pursuant to Inhibiting Order SC1421328 registered on 2017/06/19
Signed By
Kenneth Edward Bailey 85 Bayfield Street Suite 500 acting for Signed 2017 06 19
Barre Transferor(s)
L4M 3A7
Tel 705-792-9279
Fax 705-730-1059
I am the solicitor for the transferor(s) and 1 am not one and the same as the solicitor for the transferee(s).
I have the authority to sign and register the document on behalf of the Transferor(s).
Klaus Nick Jacoby 34 Clapperton St., P.O. Box 350, acting for Signed
Stn. Main Transferee(s)
Barre
L4M 4T5
Tel 705-726-0238
Fax 705-726-9197
I am the solicitor for the transferee(s) and I am not one and the same as the solicitor for the transferor(s).
I have the authority to sign and register the document on behalf of the Transferee(s).
2017 06 19
0
LRO # 51 Transfer
The applicant(s) hereby applies to the Land Registrar.
Submitted By
0
Receipted as SC1421445 on 2017 0619 at 13:49
yyyy mm dd Page 2 of 2
Kenneth E. Bailey Professional Corporation 85 Bayfield Street Suite 500 2017 06 19
Barrie
L4M 3A7
Tel 705-792-9279
Fax 705-730-1059
,
Fees/Taxes/Payment
Statutory Registration Fee
$63.35
Provincial Land Transfer Tax
$0.00
Total Paid
$63.35
File Number
Transferor Client File Number: 2017-133
Transferee Client File Number: JK -23,116
G �J
LAND TRANSFER TAX STATEMENTS
In the matter of the conveyance of: 58532-0106 BLOCK 60, PLAN 51M-1113
TOWNSHIP OR ORO-MEDONTE
COUNTY OF SIMCOE
BY: BRAESTONE DEVELOPMENT CORPORATION
TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Registered Owner %(all PINS)
1. ANDRIA LEIGH
lam
❑ (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
❑ (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
❑ (c) A transferee named in the above-described conveyance;
❑✓ (d) The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE described in paragraph(s) (c) above.
❑ (e) The President, Vice -President, Manager, Secretary, Director, or Treasurer authorized to act for _
described in paragraph(s) U above.
❑ (f) A transferee described in paragraph () and am making these statements on my own behalf and on behalf of
who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein
deposed to.
3. The total consideration for this transaction is allocated as follows:
(a) Monies paid or to be paid in cash
1.00
(b) Mortgages (i) assumed (show principal and interest to be credited against purchase price)
0.00
(ii) Given Back to Vendor
0.00
(c) Property transferred in exchange (detail below)
0.00
(d) Fair market value of the land(s)
0.00
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject
0.00
(f) Other valuable consideration subject to land transfer tax (detail below)
0.00
(g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f))
1.00
(h) VALUE OF ALL CHATTELS - items of tangible personal property
0.00
(i) Other considerations for transaction not included in (g) or (h) above
0.00
Q) Total consideration
1.00
4.
Explanation for nominal considerations:
g) Transfer to a municipality pursuant to subdivision or development agreement, condominium approval or other
municipal
purposes: 0.3 metre reserve block
5. The land is subject to encumbrance
6. Other remarks and explanations, if necessary.
1. The information prescribed for purposes of section 5.0.1 of the Land Transfer Tax Act is not required to be provided for this
conveyance.
2. Other remarks & explanations: The Non -Resident Speculation Tax does not apply to this transaction because the property
is vacant land.
PROPERTY Information Record
A. Nature of Instrument: Transfer
LRO 51 Registration No. SC1421445 Date: 2017/06/19
B. Property(s): PIN 58532 - 0196 Address Assessment -
COLDWATER Roll No
C. Address for Service: 148 Line 7 South, Oro-Medonte, Ontario
LOL 2E0
D. (i) Last Conveyance(s): PIN 58532 - 0196 Registration No. SC1266952
(ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes ❑ No ❑✓ Not known ❑
E. Tax Statements Prepared By: Klaus Nick Jacoby
34 Clapperton St., P.O.
Box 350, Stn. Main
Barrie L4M 4T5
c
LRO # 51 Transfer Easement
The applicent(s) hereby applies to the Land Registrar.
Properties
PIN 58532 - 0196 LT Interest/Estate Easement
Description SERVIENT LANDS:
PART LOTS 8 AND 9, PLAN 51M-1113
DESIGNATED AS PARTS 1 AND 2, PLAN 51 R-41030
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
Address COLDWATER
Consideration
Consideration $ 1.00
Transferor(s)
The transferor(s) hereby transfers the easement to the transferee(s).
Name BRAESTONE DEVELOPMENT CORPORATION
Address for Service 85 Bayfield Street, Suite 500, Barrie, Ontario L4M 3A7
I, J. David Bunston, Treasurer, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
\J
Receipted as SC1421943 on 2017 06 20 at 16:23
yyyy mm dd Page 1 of 2
❑✓ Add Easement
Transferees) Capacity Share I
Name THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
Address for Service 148 Line 7 South, Oro-Medonte, Ontario LOL 2E0
Statements
Schedule: See Schedules
This document is being registered pursuant to Inhibiting Order SC1421328 registered on 2017/06/19
Signed By
Kenneth Edward Bailey 85 Bayfield Street Suite 500 acting for Signed 2017 06 20
Barrie Transferor(s)
L4M 3A7
Tel 705-792-9279
Fax 705-730-1059
I have the authority to sign and register the document on behalf of the Transferor(s).
Klaus Nick Jacoby 34 Clapperton St., P.O. Box 350, acting for Signed 2017 06 20
Stn. Main Transferee(s)
Barrie
L4M 4T5
Tel 705-726-0238
Fax 705-726-9197
I have the authority to sign and register the document on behalf of the Transferee(s).
LRO # 51 Transfer Easement
The applicant(s) hereby applies to the Land Registrar.
Submitted By
Kenneth E. Bailey Professional Corporation
Tel 705-792-9279
Fax 705-730-1059
Fees/Taxes/Payment
Statutory Registration Fee $63.35
Provincial Land Transfer Tax $0.00
Total Paid $63.35
File Number
Transferor Client File Number: 2017-133
Transferee Client File Number: JK -23,116
0
Receipted as SC1421943 on 2017 06 20 at 16:23
yyyy mm dd Page 2 of 2
85 Bayfield Street Suite 500
Barrie
L4M 3A7
2017 06 20
LAND TRANSFER TAX
In the matter of the conveyance of: 58532-0196 SERVIENT LANDS:
PART LOTS BAND 9, PLAN 51M-1113
DESIGNATED AS PARTS 1 AND 2, PLAN 51R-41030
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
BY: BRAESTONE DEVELOPMENT CORPORATION
TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE %(all PINS)
1. ANDRIA LEIGH
lam
❑ (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
❑ (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
❑ (c) A transferee named in the above-described conveyance;
❑✓ (d) The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE described in paragraph(s) (c) above.
❑ (e) The President, Vice -President, Manager, Secretary, Director, or Treasurer authorized to act for
described in paragraph(s) U above.
❑ (f) A transferee described in paragraph () and am making these statements on my own behalf and on behalf of
who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein
deposed to.
3. The total consideration for this transaction is allocated as follows:
(a) Monies paid or to be paid in cash
1.00
(b) Mortgages (i) assumed (show principal and interest to be credited against purchase price)
0.00
(ii) Given Back to Vendor
0.00
(c) Property transferred in exchange (detail below)
0.00
(d) Fair market value of the land(s)
0.00
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject
0.00
(f) Other valuable consideration subject to land transfer tax (detail below)
0.00
(g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f))
1.00
(h) VALUE OF ALL CHATTELS - items of tangible personal property
0.00
(i) Other considerations for transaction not included in (g) or (h) above
0.00
0) Total consideration
1.00
4.
Explanation for nominal considerations:
o) Transfer of easement or right of way for no consideration.
5. The land is subject to encumbrance
6. Other remarks and explanations, if necessary.
1. The information prescribed for purposes of section 5.0.1 of the Land Transfer Tax Act is not required to be provided for this
conveyance.
2. Other remarks & explanations: The Non -Resident Speculation Tax does not apply to this transaction because the property
is vacant land.
PROPERTY Information Record
A. Nature of Instrument: Transfer Easement
LRO 51 Registration No. SC1421943 Date: 2017/06/20
B. Property(s): PIN 58532 -0196 Address Assessment -
COLDWATER Roll No
C. Address for Service: 148 Line 7 South, Oro-Medonte, Ontario
LOL 2E0
D. (i) Last Conveyance(s): PIN 58532 - 0196 Registration No. SC1421445
(ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes ❑ No ❑✓ Not known ❑
E. Tax Statements Prepared By: Klaus Nick Jacoby
34 Clapperton St., P.O.
Box 350, Stn. Main
Barrie L4M 4T5
SCHEDULE
4. Transfer of Easement over Part Lots 8 & 9, Plan 51M-1 113 being Parts 1 & 2, Plan 51R-41030
The Transferor hereby transfers unto the Transferee, the right and easement in gross and in
perpetuity in, over, along, upon, under and through Part of Lots 8 and 9, Plan 51 M-1113 being
Parts 1 and 2 on Plan 51R-41030, Township of Oro-Medonte (the "Easement Lands") to
construct, maintain, inspect, test, alter, remove, replace stormdrain(s) and all appurtenances
thereto, including catch basins with grates, tees, ditches, culverts and pipes for stormwater
drainage as may be required by the Transferee.
5. Right of Access and Egress
Together with the right, access and egress over the Easement Lands for itself, its servants,
agents, contractors, sub -contractors with or without vehicles, machinery and equipment for all
purposes in connection with or incidental to the exercise of the right and easement herein
transferred as and from the date hereof and continuing in perpetuity.
6. Terms and Conditions
The aforesaid right and Easement is herein granted and transferred on the following terms:
(a) Rights of Transferor
The Transferor shall have the right fully to use and enjoy the Easement Lands provided
however that without the prior written consent of the Transferee, the Transferor shall not
alter, remove or permit to be removed, any soil from the Easement Lands, nor shall the
Transferor excavate, drill, install, erect or permit to be excavated, drilled, installed or
erected in, over, upon, under or through the Easement Lands, any pit, well, foundation,
pavement, building, or other structure.
(b) Transferee's Rights Not to be Interrupted
The Transferee in performing and observing the covenants and conditions on its part shall
and may peaceably hold and enjoy the right and easement herein granted without
hindrance, molestation or interruption on the part of the Transferor or of any person
claiming by, through, under or in trust for the Transferor.
(c) Restoration
The Transferee agrees after it has performed any work on the Easement Lands to restore
the surface as far as practicable to that prior to commencement of construction, with the
finished grade to match the existing grade.
(d) Additional Documents
The Transferor will, if so requested by the Transferee, execute such further and other
documents of title and assurances in respect of the Easement Lands as may be required
and such documents shall be prepared at the expense of the Transferee.
(e) Burdened and Benefited Lands
This is an Easement in Gross.
O
LRO # 51 Application For Inhibiting Order -Land
The applicant(s) hereby applies to the Land Registrar.
Properties
O
Receipted as SC1421328 on 2017 06 19 at 11:34
PIN 58532 - 0196 LT
Description LOTS 1 TO 59 INCLUSIVE AND BLOCKS 60 TO 67 INCLUSIVE,
PLAN 51 MI 113; ORO-MEDONTE
Address COLDWATER
Applicant(s)
Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Address for Service 148 Line 7 South
ORO-MEDONTE ON LOL 2E0
yyyy mm dd Page 1 of 1
❑✓ Redescription
This document is being authorized by a municipal corporation by ANDRIA LEIGH, Director of Development Services.
This document is not authorized under Power of Attorney by this party.
Statements
The Municipality/applicant applies for an entry inhibiting any dealing with the property until the following documents set out in Schedule
attached hereto have been registered. The registered owner of the land has agreed not to deal with the land until the specified
conditions have been complied with.
Schedule: See Schedules
Signed By
Klaus Nick Jacoby 34 Clapperton St., P.O. Box 350, acting for Signed 2017 06 19
Stn. Main Applicant(s)
Barrie
L4M 4T5
Tel 705-726-0238
Fax 705-726-9197
I have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
JACOBY & JACOBY, BARRISTERS & SOLICITORS 34 Clapperton St., P.O. Box 350, 2017 06 19
Stn. Main
Barrie
L4M 4T5
Tel 705-726-0238
Fax 705-726-9197
Fees/Taxes/Payment
Statutory Registration Fee $63.35
Total Paid $63.35
File Number
Applicant Client File Number: JK -23,116
THE LAND TITLES ACT
Section 23 of the Act
APPLICATION BY A MUNICIPALITY FOR INHIBITING ORDER
To: The Land Registrar for the Land Titles Division of Simcoe (No. 51)
I, ANDRIA LEIGH, Director of Development Services of The Corporation of the Township of
Oro-Medonte, hereby certify that BRAESTONE DEVELOPMENT CORPORATION, the registered
owner of Part of East Halves Lots 2 & 3, Conc 9 Oro, Oro-Medonte being Lots 1 to 59
inclusive, the 0.3 metre Reserves namely Block 60 and Blocks 61 to 67 both inclusive, and
the Streets, as laid out on Draft Plan prepared by Paul R. Thomsen, O.L.S. dated February 3,
2016, being PIN 58532-0196 LT, Township of Oro-Medonte, County of Simcoe has not
executed and is not under any obligation to execute any Transfer of Land or Transfer of
Easement or any agreement affecting the title to the said land in favour of The Corporation
of the Township of Oro-Medonte which has not been registered at the date thereof, except
the following:
Notice of Subdivision Agreement in favour of The Corporation of the Township of Oro-
Medonte relating to Lots 1 to 59 inclusive and Blocks 61 to 67 inclusive, Plan 51M1113;
Postponement of Interest of Charge No. SC1039835 as assigned by Transfer of Charge
SC 1228105 and amended and postponed to the said Notice of Subdivision Agreement as to
Lots 1 to 59 inclusive and Blocks 61 to 67 inclusive, Plan 51M1113;
Postponement of Interest of Charge No. SC1159896 as amended to the said Notice of
Subdivision Agreement as to Lots 1 to 59 inclusive and Blocks 61 to 67 inclusive, Plan
51M1113.
Transfer in fee simple in favour of The Corporation of the Township of Oro-Medonte of
Blocks 61, 62, 63, 64, 65, 66 and 67, Plan 51M1113;
Partial Discharge of Charge No. SC1039835 as assigned by Transfer of Charge SC1228105
and amended and postponed, releasing Blocks 61, 62, 63, 64, 65, 66 and 67, Plan
51M1113;
Partial Discharge of Charge No. SC1159896 as amended releasing Blocks 61, 62, 63, 64,
65, 66 and 67, Plan 51 M1113.
Transfer in fee simple in favour of The Corporation of the Township of Oro-Medonte of
Block 60, Plan 51 M1 113 as 0.3 metre reserve block.
Transfer Easement in favour of The Corporation of the Township of Oro-Medonte over Part
of Lots 8 and 9, Plan 51M1113 being Parts 1 and 2, Plan 519- respectively;
Postponement of Interest of Charge No. SC1039835 as assigned by Transfer of Charge
SC1228105 and amended and postponed to the said Transfer Easement as to Part of Lots
8 and 9, Plan 51 M1113 being Parts 1 and 2, Plan 5113- respectively;
Postponement of Interest of Charge No. SC1159896 as amended to the said Transfer
Easement as to Part of Lots 8 and 9, Plan 51M1113 being Parts 1 and 2, Plan 51R -
respectively.
And as to the Lots and Blocks mentioned above, The Corporation of the Township of Oro-
Medonte hereby requests you to issue an Order or make an entry under Section 23 of the
Land Titles Act inhibiting any dealing with those Lots and Blocks until the instruments
mentioned above have been registered.
LRO # 51 Transfer
The applicant(s) hereby applies to the Land Registrar.
Properties
\J
Receipted as SC1421442 on 2017 06 19
yyyy mm dd
PIN 58532 - 0196 LT Interest/Estate Fee Simple ❑✓ Split
Description BLOCKS 61, 62, 63, 64, 65, 66 AND 67, PLAN 5110-1113
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
Address COLDWATER
Consideration
Consideration $ 1.00
f
Transferor(s)
The transferor(s) hereby transfers the land to the transferee(s).
Name BRAESTONE DEVELOPMENT CORPORATION
Address for Service 85 Bayfield Street, Suite 500, Barrie, Ontario L4M 3A7
I, J. David Bunston, Treasurer, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
at 13:49
Page 1 of 2
Transferee(s) Capacity Share I
Name THE CORPORATION OF THE TOWNSHIP OF Registered Owner
ORO-MEDONTE
Address for Service 148 Line 7 South, Oro-Medonte, Ontario LOL 2E0
Statements
This document is being registered pursuant to Inhibiting Order SC1421328 registered on 2017/06/19
Signed By
Kenneth Edward Bailey 85 Bayfield Street Suite 500 acting for Signed 2017 0619
Barrie Transferor(s)
L4M 3A7
Tel 705-792-9279
Fax 705-730-1059
I am the solicitor for the transferor(s) and I am not one and the same as the solicitor for the transferee(s).
I have the authority to sign and register the document on behalf of the Transferor(s).
Klaus Nick Jacoby 34 Clapperton St., P.O. Box 350, acting for
Stn. Main Transferee(s)
Barrie
L4M 4T5
Tel 705-726-0238
Fax 705-726-9197
I am the solicitor for the transferee(s) and I am not one and the same as the solicitor for the transferor(s).
I have the authority to sign and register the document on behalf of the Transferee(s).
Signed
2017 0619
O
O
LRO # 51 Transfer Receipted as SC1421442 on 2017 0619 at 13:49
The applicant(s) hereby applies to the Land Registrar yyyy mm dd Page 2 of 2
Submitted By
Kenneth E. Bailey Professional Corporation 85 Bayfield Street Suite 500 2017 06 19
Barrie
1-4M 3A7
Tel 705-792-9279
Fax 705-730-1059
Fees/Taxes/Payment
Statutory Registration Fee $63.35
Provincial Land Transfer Tax $0.00
Total Paid $63.35
File Number
Transferor Client File Number: 2017-133
Transferee Client File Number: JK -23,116
LAND TRANSFER TAX STATEMENTS
In the matter of the conveyance of: 58532-0196 BLOCKS 61, 62, 63, 64, 65, 66 AND 67, PLAN 51M-1113
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
BY BRAESTONE DEVELOPMENT CORPORATION
TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Registered Owner %(all PINs)
1. ANDRIA LEIGH
lam
❑ (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
❑ (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
❑ (c) A transferee named in the above-described conveyance;
❑✓ (d) The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE described in paragraph(s) (c) above.
❑ (e) The President, Vice -President, Manager, Secretary, Director, or Treasurer authorized to act for
described in paragraph(s) U above.
❑ (f) A transferee described in paragraph () and am making these statements on my own behalf and on behalf of
who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein
deposedto.
3. The total consideration for this transaction is allocated as follows:
(a) Monies paid or to be paid in cash
1.00
(b) Mortgages (i) assumed (show principal and interest to be credited against purchase price)
0.00
(ii) Given Back to Vendor
0.00
(c) Property transferred in exchange (detail below)
0.00
(d) Fair market value of the land(s)
0.00
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject
0.00
(f) Other valuable consideration subject to land transfer tax (detail below)
0.00
(g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f))
1.00
(h) VALUE OF ALL CHATTELS - items of tangible personal property
0.00
(i) Other considerations for transaction not included in (g) or (h) above
0.00
Q) Total consideration
1.00
Explanation for nominal considerations:
g) Transfer to a municipality pursuant to subdivision or development agreement, condominium approval or other municipal
purposes: Block 61 Parkland
Block 62 Stormwater Management
Block 63 Stormwater Management/Emergency Access
Block 64 Open Space Block
Block 65 Open Space Block
Block 66- Open Space Block
Block 67 Recreation
5. The land is subject to encumbrance
6. Other remarks and explanations, if necessary.
1. The information prescribed for purposes of section 5.0.1 of the Land Transfer Tax Act is not required to be provided for this
conveyance.
2. Other remarks & explanations: The Non -Resident Speculation Tax does not apply to this transaction because the property
is vacant land.
PROPERTY Information Record
A. Nature of Instrument: Transfer
LRO 51 Registration No. SC1421442 Date: 2017/06/19
B. Property(s): PIN 58532-0196 Address Assessment
COLDWATER Roll No
C. Address for Service: 148 Line 7 South, Oro-Medonte, Ontario
LOL 2E0
D. (1) Last Conveyance(s): PIN 58532 - 0196 Registration No. SC1266952
(ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes ❑ No ❑✓ Not known ❑
E. Tax Statements Prepared By: Klaus Nick Jacoby
34 Clapperton St., P.O.
Box 350, Stn. Main
Barrie L4M 4T5