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2017-089 Subdivision Agreement between the Corporation of the Township of Oro-Medonte and 2008628 Ontario Ltd.The Corporation of the Township of Oro-Medonte By-law No. 2017-089 A By-law to Amend 2010-059, "A By-law to Authorize the Execution of an Subdivision Agreement between the Corporation of the Township of Oro-Medonte and 2008628 Ontario Ltd." 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 the Diamond Valley Estates Development (Plan 51 M-957), Township of Oro-Medonte, County of Simcoe. And Whereas Council of the Corporation of the Township of Oro-Medonte authorized the execution of a Subdivision Agreement with 2008628 Ontario Ltd. by By-law 2010- 059 in March 2010; And Whereas Council of the Corporation of the Township of Oro-Medonte authorized an amendment to the Subdivision Agreement with 2008628 Ontario Ltd. by By-law 2013-100 in June 2013 for the required works identified for Phase 2 of the Diamond Valley Estates Development; And Whereas Council of the Corporation of the Township of Oro-Medonte authorized an amendment to the Subdivision Agreement with 2008628 Ontario Ltd. by By-law 2014-077 in May 2014 for the required works identified for Phase 3 of the Diamond Valley Estates Development; And Whereas Council of the Corporation of the Township of Oro-Medonte authorized an amendment to the Subdivision Agreement with 2008628 Ontario Ltd. by By-law 2015-108 in June 2015 for the required works identified for Phase 4 of the Diamond Valley Estates Development; And Whereas Council deems it necessary to further amend Section 6.1 and Schedule "D' of By-law 2010-059 to identify the lots contained within Phase 5 and to itemize the cost of the required works for Phase 5 of the Diamond Valley Estates Development; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Schedule "D" to By-law 2010-059 be deleted and replaced with Schedule "A" entitled "Schedule D — the Amended 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; 2. That Section 6.1 of the Amended Subdivision Agreement be amended by deleting paragraph 4 which begins with "The subdivision is to be developed in the following Phases:" and replaced with the following: "The subdivision is to be developed in Phases as follows: Phase 1 Total of 29 Lots Lots 1-15 Diamond Valley Drive Lots 97-99 Diamond Valley Drive Lots 118-128 Diamond Valley Drive Block 131 Phase 2 Total of 18 Lots Lots 100-117 Emerald Terrace Phase 3 Total of 23 Lots Lots 16-24 Topaz Court Lots 25-26 Diamond Valley Drive Lots 85-92 Opal Court Lot 93-96 Diamond Valley Drive Block 132 Phase 4 Total of 32 Lots Lots 27-32 Diamond Valley Drive Lots 45-64 Diamond Valley Drive Lots 79-84 Diamond Valley Drive Block 139 Phase 5 Total of 12 Lots Lots 33-44 Ruby Ridge Blocks 136-137 All future phases to be the subject of review and approval by the Township of Oro-Medonte and additional amendments to Section 6.1 and Schedule "D" of the Subdivision Agreement." 3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of the Amended Subdivision Agreement against the owners and any and all subsequent owners of the land; 4. This by-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this 21St day of June, 2017. of Oro-Medonte Schedule "A" to By-law No. 2017-089 for The Corporation of the Township of Oro-Medonte SCHEDULE "D" to By-law 2010-059 NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2008628 ONTARIO LTD. i LETTER OF CREDIT VALUE FOR DIAMOND VALLEY ESTATES - PHASE 5 CONSTRUCTION [RUBY RIDGE] PHASE 5 (LOTS 33 TO 44 8 Blocks 136 8137) TOWNSHIP OF ORO-MEDONTE ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS: The following list summarizes the cost estimate of the major works but Is not necessarily Inclusive: A1.1) Site Works on Ruby Ridge A1.2) Roadway Works to Base Course Asphalt -Ruby Ridge A1.3) Roadway Works to Final Course Asphalt- Ruby Ridge B2.1) Storm Drainage Works - Ruby Ridge C3.1) Water Works including watermains, valves, hydrants and valves, water services ...................... D4.1) Electrical Supply including street lights, control panels and duct crossings ......................... Original Remaining Completed Outstanding Work Work $0.00 0.00 $0.00 $171,935.00 58,350.00 $113,585.00 $44,350.00 44,350,00 $0.00 $42,450.00 0.00 $0.00 $4,320.00 0.00 $4,320.00 $40,000.00 0.00 $40,000.00 SUB -TOTAL $303,055.00 $102,700.00 $157,905.00 F) 10% Allowance for Engineering and Supervision $30,305.50 $10,270.00 $15,790.50 TOTAL $333,360.50 $112,970.00 $173,695.50 13% HST $43,336.87 $14,686.10 $22,580.42 TOTAL COST $376,697.37 $127,656.10 $196,275.92 LETTER OF CREDIT RETAINED Remaining Outstanding Work $127,656.10 10% of Completed Work $19,627.59 RETAINED BY TOWNSHIP $147,283.69 60118278 6/14/2017 Schedule "A" to By-law No. 2017-089 for The Corporation of the Township of Oro-Medonte SCHEDULE "D" to By-law 2010-059 NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2008628 ONTARIO LTD. aaaaa�a�a>aaaaaaa� w aaaaaa�aa�aa�taaaa ti � „=.,y V O. tris A W N .�.. 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