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2017-099 Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and 2479283 Ontario Ltd (Whispering Creek Estates)The Corporation of the Township of Oro-Medonte By -Law No. 2017-099 Being a By-law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and 2479283 Ontario Limited (Whispering Creek Estates) 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 West Half of Lot 11, Concession 5, Oro-Medonte, Township of Oro-Medonte (Geographic Township of Oro), County of Simcoe, PIN 58541-0072 (LT), (known as the Whispering Creek Estates Subdivision); Now Therefore the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: That the Mayor and Deputy 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 28th Day of June, 2017. The Corporation of the Township of Oro-Medonte Q� Mayor, H. ughes Dep y Clerk, Janette Teeter Schedule �% to By -Law No. kz \7 -M \ �_w � > Prnnd Heri6tge, Exciting Fnnnc SUBDIVISION AGREEMENT Pursuant to Sections 51(26) and 51 (27) of the Planning Act. R.S.O. 1990 c. P. 13 - between - 2479283 ONTARIO INC. (Whispering Creek Estates) -and - THE CORPORATION OF THE TOWNSHIP OF ORO—MEDONTE DESCRIPTION OF LANDS Plan of Subdivision of Part West Half of Lot 11, Concession 5 (Oro), Part 1, 51 R37405 Except Part 1, 51 R37686 Township of Oro-Medonte, County of Simcoe and designated as Part 1, on a plan deposited in the Registry Office for the Land Titles Division of Simcoe (No.51) as Plan 51R-XXXXX; Township of Oro-Medonte (formerly the Township of Oro), County of Simcoe, PIN 58541-0072 (LT) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE June 28, 2017 By -Law No. 2017-099 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 Construction Requirements Part 7 Building Permits and Occupancy Part 8 Maintenance and Acceptance Part 9 Default Provisions 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 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" - Standard Township Letter of Credit TOWNSHIP OF ORO-MEDONTE 2 THIS AGREEMENT made as of the 28 day of June, 2017. BETWEEN: 2479283 ONTARIO INC. 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 (2006 -SUB -02) has been issued for the proposed subdivision, which requires that the Developer must satisfy all the requirements, financial and otherwise, of the Township, including the provisions of certain Municipal Services; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and for other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of lawful money of Canada now paid by the Township to the Developer (the receipt whereof is hereby acknowledged), THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS: PART -1 GENERAL REQUIREMENTS 1.1 DEVELOPER'S CONSULTING ENGINEERS The Developer shall employ Engineers registered and in good standing with the Association of Professional Engineers of Ontario: 1.1.1 To prepare designs in accordance with the Township of Oro-Medonte 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, Nottawasaga Valley Conservation Authority and utility companies, or as a result of legislative or procedural change, the Ministries shall be deemed to be the Ministry of Municipal Affairs and Housing, as well as the Council of the Township of Oro-Medonte or the Chief Building Official. This will also pertain to Sections 2.4.3, 3.1.11, 8.1 and 8.2. 1.1.5 To act as the Developer's representative in all matters pertaining to the subdivision. 1.1.6 To provide co-ordination in scheduling to comply with the timing provisions of this Agreement and the requirements of the Township Engineering Consultant, for all the work specified in this Agreement. 1.1.7 To provide supervision during construction of all the services. 1.1.8 To ensure that the work involved in construction of the services is carried out by construction methods conforming to acceptable engineering practice. 1.1.9 To maintain records of construction which shall be available for inspection or copy by the Township. 1.1.10 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, 2000, 2004, 2005, 2007 or 2010 drawing format or DXF and be delivered on a CD Rom or DVD. Two copies of each Plan of Subdivision are required on separate CD Roms or DVDs. Each CD Rom or DVD must be labeled identifying the legal property description, developer's name, file name, and date delivered. PKZIP Release 2.0413 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. 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 and Lot Development Plan with respect to each lot or building block for which a Building Permit application is made, certifying that the proposed construction is in conformity with the General Location and Lot Grading Plan or with an approved variation; NOTE: That a Professional Engineer could also be retained to provide the aforementioned and any cost incurred by the Township will be the responsibility of the Developer or individual lot owner). 1.1.12 To fumish the Township's Chief Building Official with a Certificate certifying that the elevation of the underside of the footing, and then the top of the constructed wall of the building is in conformity to the elevation shown on the individual site plan, and complies with the Overall Lot Grading Plan. Any variance shall require the approval of the Township and/or Township Engineering Consultant; NOTE: That a Professional Engineer could also be retained to provide the aforementioned and any cost incurred by the Township will be the responsibility of the Developer or individual lot owner). 1.1.13 To prepare and provide the Township, for each lot or block within the plan, a Certificate of final grade elevation and Lot Development Plan, indicating that the property has been developed in conformity with the General Location and Lot Grading Plan or with an approved variation; NOTE: That a Professional Engineer could also be retained to provide the aforementioned and any costs incurred by the Township will be the responsibility of the Developer or individual lot owner). NOTE: In the case of lots built on after the sale or transfer by the Developer, the Township reserves the right to request a similar certificate as required under 1.1.11, 1.1.12 and 1.1.13, but it may be provided by a Professional Engineer, other than the Developer's Consulting Engineer. If the Township has their Township Engineering Consultant prepare the Certificate, the cost of the work will be deducted from the final occupancy and lot grading deposit and will become the responsibility of the individual lot owner. 1.2 LEGAL NOTICE TO DEVELOPER Any notice required to be given hereunder may be given by registered mail addressed to the Developer at his principal place of business and shall be effective as of the date of the deposit thereof in the post office, as follows: 2479283 Ontario Inc. 185 Adesso Drive, Concord, Ontario. L4K 3C4 (705)790-6570 Or by Email Address cfruci@alcarcontracting.ca In which case, notice shall be effective as of the time and date of successful transmission thereof. The Developer shall be responsible for notifying the Township Clerk, in writing, of any change(s) in his principal place of business. 1.3 REGISTRATION The Developer consents to the registration of the Subdivision Agreement by the Township and at the sole discretion of the Township upon the title of the lands, the registration expenses shall be included as a legal expense to the Developer. 1.4 VOIDING AGREEMENT In the event that the Plan is not registered within one year from the date of signing this Agreement, the Township may, at its option, declare this Agreement to be null and void. 1.5 MORTGAGEE BECOMING DEVELOPER The mortgagee(s) hereby agrees that in the event of him/they becoming the Developer(s) of the lands under his/their mortgage by way of foreclosure, purchase or otherwise, either beneficially or in trust, then the mortgage(s) shall be deemed to be postponed to this Agreement and any lands registered in the name of the Township shall be free of the mortgage(s), and the mortgagee(s) agrees to register a discharge of the mortgage(s) on those lands if called upon by the Township, to do so, and he/they shall be subject to the terms of the Agreement as though he/they had executed this Agreement in the capacity of the Developer. 1.6 ASSIGNMENT OR TRANSFER OF MORTGAGE The mortgagee(s) agrees that in the event of him/they assigning or transferring the mortgage(s) on the lands, the assignment(s) or transfer(s) shall be subject to the terms hereof, in the same manner as if the assignee or transferor has executed this Agreement. 1.7 LANDS FOR MUNICIPAL PURPOSES The Developer agrees to grant good title in fee simple free and clear from all encumbrances unto the Township, lands for municipal purposes other than roads, which shall be mutually agreed upon by the Developer and the Township or to make a cash payment in lieu thereof, as provided by Section 51.1 of the Planning Act, R.S.O. 1990 c P 13 and required by the Township of Oro-Medonte. The Developer also 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 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 The Developer agrees to advise all prospective purchasers, renters and lessees that there are no schools planned within this subdivision, or within walking distance of it, and that enrolment within the designated Public and Catholic school sites in the community is not guaranteed, and that pupils may be transported to/accommodated in temporary facilities out of the neighbourhood schools' area. The Developer agrees to advise all prospective purchasers, renters and lessees that school busses will not enter cul de sacs and that pick up points will generally be located on through streets, suitable to the Board. Additional pick-up points will not be located within the subdivision until major construction activity has been completed. These clauses are to be placed in any Offer or Agreement of Purchase and Sale entered into with respect to any lots on this Plan of Subdivision. The clause should remain in perpetuity as lots may not be sold or built upon for some time. 1.11 CANADA POST The 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, acknowledges that each owner shall be responsible for the installation and maintenance of a subsurface sewage disposal system in accordance with Part 8 of the Ontario Building Code. 1.13 COUNTY OF SIMCOE The Developer and each individual lot owner, acknowledges that each owner shall be aware The County of Simcoe uses a 0.3 -metre reserve to restrict access to the County Road. Purchasers of the lots abutting County Road 11 are hereby advised that these lots are subject to the 0.3 -metre reserve and the County will not permit access to County Road 11 across the reserve. County of Simcoe Road setback By-law No. 5604 regulates the location of building and other structures on lands adjacent to County Roads. All lot development adjacent to County Road 11 is subject to the requirements of the County Road Setback By-law, or its successor. 1.14 NOTTAWASAGA VALLEY CONSERVATION AUTHORITY (NVCA) The Developer and each individual lot owner, acknowledges that each owner shall obtain a permit, under the conservation Authorities Act from the NVCA prior to any grading or construction in the regulated area; and The owner shall agree, prior to final plan approval, to pay all development fees to the Conservation authority as required in accordance with the NVCA's fees policy, under the powers of the Conservation Authorities Act. 1.15 WARNING TO PROSPECTIVE LOT DEVELOPERS The Developer shall provide copies of Clauses 1.1.11, 1.1.12, and notes, 1.8, 1.10, 1.11, 1.12, 5.5, 5.7.2, 7.3, 7.4, 7.10, 7.16, 7.17, 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 8.7, 8.8, 9.8 and Schedules "E", "F", and "G" to each prospective purchaser of a lot(s). 1.16 SAVE HARMLESS The Developer covenants and agrees with the Township, on behalf of itself, its successors and assigns, to indemnify and save harmless the Township, its servants and agents from and against any and all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of any work performed by the provisions of this Agreement. The Developer further covenants and agrees to release and forever discharge the Township from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise either as a result of the failure of the Township to carry out any of its obligations under this Agreement, or, as a result of the Township performing any municipal work on the said lands or the adjacent properties which may damage or interfere with the works of the Developer, provided that such default, failure or neglect was not caused as a result of negligence on the part of the Township, its servants or agents. 1.17 ENUREMENT This Agreement shall enure to the benefit of and be binding upon the parties and their heirs, executors, administrators, successors and assigns. PART -2 THE LANDS, PLANS AND REPRESENTATIONS 2.1 SCOPE OF AGREEMENT 2.2 DESCRIPTION OF LANDS The lands affected by this Agreement are the lands described in Schedule "A" hereto. 2.3 PLAN REFERENCE For the purpose of this Agreement, references are made to the Plan of Subdivision, attached hereto, as Schedule 'B". Any further changes in the said Plan, or any changes in the Conditions of Draft Approval, may necessitate a change in the provisions of this Agreement. 2.4 CONFORMITY WITH AGREEMENT The Developer agrees to satisfy all the requirements, financial and otherwise, of the Township concerning the provision of roads; the installation of services and drainage. The Developer covenants and agrees that no work shall be performed on the said lands except in conformity with: 2.4.1 The provisions of this Agreement, including the Schedules 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 Stormwater Management Report dated October 17, 2011 prepared by Gemmell Engineering and stamped "ACCEPTED FOR CONSTRUCTION' by the Township Engineering Consultant on December 20, 2011. LIST OF DRAWINGS Drawing No. General Servicing Plan — West Half GSP —1 General Servicing Plan — East Half GSP — 2 Erosion & Sediment Control Plan ESC - 1 Erosion & Sediment Control Details ESC - 2 Lot Grading Plan — West Half LG - 1 Lot Grading Plan — East Half LG - 2 Pre Development Storm Drainage Plan STM —1 Post Development Storm Drainage Plan STM 2 Stormwater Management Pond PND - 1 Plan and Profile – Best Court PP 1 Plan and Profile – Best Court PP -2 Plan and Profile - County Road 11 PP -3 Plan and Profile - County Road 11 PP -4 Street Lighting Layout and Specifications SL -1 General Notes GN 1 Standard Details SD -1 Standard Details SD -2 Standard Details SD -3 Planting Plan (SWM Pond) Fig.2 Hydro One Plan 0338-10-200 "refer to Schedule C for list of drawings" 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 County of Simcoe 2.4.3.5 Nottawasaga Valley Conservation Authority 2.4.4 All applicable Township By -Laws, including any applicable Site Plan Control By -Laws. 2.4.51 All applicable Provincial and Federal Legislation and also including the Federal Fisheries Act. 2.5 RELIANCE UPON REPRESENTATIONS The Developer acknowledges that: 2.5.1 It has made representation to the Township that it will complete all Municipal and other works required herein, in accordance with the Plans filed and accepted by the Township and others, and; 2.5.2, The Township has entered into this Agreement in reliance upon those representations. 2.6 SCHEDULES ATTACHED The following Schedules are attached to and form part of this Agreement: Schedule "A" - Description of Lands Affected by this Agreement Schedule "B" - Plan of Subdivision Schedule "C" - Works to be Constructed Schedule "D" - Itemized Estimate of Cost of Construction of Each Part of the Works Schedule "E" - List of Lots Requiring Special Attention Schedule "F" - Development Charges Schedule "G" - Deeds and Easements to be Conveyed Schedule "H" - Parkland Schedule "I" - Declaration of Progress and Completion Schedule "J" - General Location and Lot Grading Plans Schedule "K" - Standard Township Letter of Credit 2.7 SUBDIVISION CHANGES There shall be no changes in the Schedules attached hereto, or in any Plan accepted by the Township or others, unless such proposed changes have been submitted to, and approved by, the Township and the Township Engineering Consultant. IN PART -3 REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT 3.1 Prior to the execution of this Subdivision Agreement by the Township, the Developer shall: 3.1.1 Taxes - have paid all Township tax bills issued and outstanding against the said lands. 3.1.2; Deeds and Easements - have delivered to the Township all transfers/deeds, 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, "F", and "H". 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. 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 County of Simcoe 3.1.11.5 Ministry of Citizenship, Culture and Recreation 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 3.1.121 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 11 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 Nottawasaga Valley Conservation Authority -file with the Township, a certificate from the Nottawasaga Valley Conservation Authority that the Developer shall carry out all the works and recommendations approved in all the reports required by the Nottawasaga Valley Conservation Authority. PART -4 12 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 prior to registration. 4.1.1 � Plan Registration Obtain final approval of the Plan from the Township of Oro-Medonte and obtain registration of the Plan. 4.1.2 Approval of Plans The Developer and the Engineers employed by him shall have the plans and specifications for the works approved by the Township Engineering Consultant prior to construction and the originals must be stamped as accepted by the Township Engineering Consultant. Submit and obtain the Township Engineering Consultant's approval of the following, all to be in accordance with the Township's approved Engineering Standards: i) the drainage plan; ii) the lot grading plan; iii) the service layout plan for Electrical, Telephone and Gas and Composite Utility Plan; IV) the road plans and profiles; v) landscape plans. 4.1.3 Environmental Compliance Approval Submit to the Township, the Ministry of the Environment's Environmental Compliance Certificate for Storm Sewer Works and Stormwater Management Facilities under Number 6826-8KLJD4 and dated September 7, 2011. 4.1.4 1 Contractor The said services shall be installed by a contractor or contractors retained by the Developer and approved, in writing, by the Township Engineering Consultant. The Township and Township Engineering Consultant are to be provided with the names and phone numbers of .personnel responsible for the works, including emergency phone numbers. 4.1.5 [Scheduling of Works 'Prior to the start of construction, the Developer shall supply for the Township Engineering ;Consultant, approval of a Schedule of Works, setting out the order in which he considers the ;various sections of the works within the Plan will be built. The Township Engineering !Consultant may amend this Schedule and the Developer shall construct, install or perform the works as the Township Engineering Consultant, from time to time, may direct. In any event the Schedule, or amended Schedule, as the case may be, shall conform to the 'requirements of Clause 4.1.9. 4.1.6 ;Stormwater Management A stormwater management report shall be prepared by the Developer's Engineer for approval by the Township Engineering Consultant and the Nottawasaga Valley Conservation Authority, which details the means whereby stormwater drainage, will be accommodated and how erosion and siltation will be contained on site both during and following construction. This report must deal with post development stormwater quality and shall conform to Ministry of Environment Interim Stormwater Quality Guidelines. 4.1.7 Erosion and Siltation Control The Developer must take all necessary precautions to prevent erosion and sedimentation of ditches, culverts, slopes, etc., both within the subdivision and downstream prior to and during construction and upon completion of servicing of the subdivision. Failing adequate precautions being taken, the Developer shall be responsible for correcting any damage and 13 paying all maintenance costs resulting there from. A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's Engineer for approval by the Township Engineering Consultant and the Nottawasaga Valley Conservation Authority. Prior to any grading or construction commencing on the site or final approval and registration of the subdivision, the Developer's Engineer shall submit the Plan for approval by the Township Engineering Consultant and the Nottawasaga Valley Conservation Authority. The Plan shall detail the means whereby erosion, siltation, and their effects will be minimized on the site during and after the construction period. The Plan must deal with post development stormwater quality and shall conform to the Ministry of Environment/Ministry of Natural Resources Interim Stormwater Quality Guidelines. The Developer agrees to carry out, or cause to be carried out, the work approved in the Plan, and such work will be certified, in writing, by the Developer's Engineer and provided to the Township Engineering Consultant and the Nottawasaga Valley Conservation Authority /or Lake. The Developer agrees to maintain all erosion and siltation control devices in good repair during construction. 4.1.8 Sians Sign at least 1.2 metres by 1.8 metres shall be provided and erected by the Developer at the entrance to the subdivision, at a location approved by the Township Engineering Consultant, and the sign shall read as follows: "ROADS NOT ASSUMED BY TOWNSHIP - USE AT YOUR OWN RISK" The signs shall be painted either orange or yellow with black lettering. These signs shall be installed prior to the commencement of construction and be removed after the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services). 4.1.9 Notification of Commencement and Completion The Developer shall not commence the construction of any of the works until the Developer has provided forty-eight (48) hours written notice to the Township Engineering Consultant, of his intent to commence work. The Developer shall complete the works expeditiously and continuously for the first phase and all underground services shall be installed within one year of the day of registration of this Agreement, and all aboveground services shall be installed in accordance with the Declaration of Progress and Completion, as required under Clause 7.12 of this Agreement, but no longer than two years from the date of registration of this Agreement, unless extended by the Township Engineering Consultant. Subsequent phases shall be completed within a one (1) year time frame for underground services and two (2) years for aboveground ,services from date of commencement. Should for any reason there be a cessation or ;interruption of construction, the Developer shall provide forty-eight (48) hours written notice to the Township Engineering Consultant before work is resumed; If the municipal services to be constructed by the Developer under this Agreement are not completed and accepted by the Township within the above time frame, the Township may either; Give notice to the Developer to stop work on the said municipal services and to provide that no further work shall be done with respect to such services, until an amending Agreement, incorporating the standards, specifications and financial requirements of the Township, in effect as of that date, is executed by all parties; or Give notice to the Developer to stop work on the municipal services and inform the Developer that the Township proposes to realize on its security and proceed with the completion of construction in accordance with the provisions of the Plans filed with the Township. 4.2 BREACH OF AGREEMENT If the Developer commences or causes construction of the works prior to satisfying the requirement of this Agreement, it shall be subject to the penalties identified in Part 10. 14 PART -5 FINANCIAL REQUIREMENTS 5.1 DEVELOPER'S EXPENSE Every provision of this Agreement, by which the Developer is obligated in any way, shall be deemed to include the words "at the expense of the Developer" unless specifically stated otherwise. 5.2 TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS The Developer agrees to pay to the Township, the cost of the Township's lawyer and Planner for all costs involved in processing the subdivision and of the Township Engineering Consultant for checking of plans and specifications and inspection on behalf of the Township. The inspection by the Township will depend on the type of construction and the amount provided will be deemed necessary by the Township. In this regard., the Developer agrees to pay to the Township, the sum of TEN THOUSAND DOLLARS ($10,000.00) upon submitting a Plan to the Township for consideration to be applied to account of such costs. As accounts are received from the Township Planner, lawyer and Township Engineering Consultant, they will be paid by the Township and then submitted to the Developer for reimbursement within thirty (30) days, so that the initial deposit will again be built up to enable the Township to pay the next accounts as they are received. In the event that the deposit is drawn down to a level of FIVE THOUSAND DOLLARS ($5,000.00), or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer would be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. 5.3 DEVELOPER'S LIABILITIES Until the Township has issued the Certificate of Maintenance and Final Acceptance for the works, the Developer shall indemnify the Township against all actions, causes of action, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of the Developer undertaking the Plan, and the Township shall not be deemed to be the Developer. 5.4 UTILITY COSTS AND CHARGES 5.5 The Developer shall deal directly with all Utility companies. The Developer or his Consulting Engineer shall obtain all approvals and permits and pay all fees and utility charges directly to the Utility until the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) are issued. If an additional electrical service is required for Township purposes, the Developer shall include the cost of installation and maintenance of the service. a) Development charges and education development charges shall be payable on a per - lot basis prior to the issuance of the first Building Permit with respect to the particular lot. b) The Developer agrees to pay for all arrears of taxes or other Township or provincial charges, taxes or levies outstanding against the property herein described before the approval of the said Plan is obtained. The Developer further undertakes and agrees to pay taxes levied on the said lands, on the basis and in accordance with assessment and collector's roll entries until such time as the lands herein being subdivided have been assessed and entered on the Collector's Roll according to the Registered Plan. c) Before the Plan is approved, the Developer agrees to commute and pay the Township's share of any charges made under the Drainage Act and the 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 15 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 CASH IN LIEU OF PARKLAND In accordance with the provisions of Section 51.1 of the Planning Act, R.S.O. 1990 as amended, the Owner shall prior to final approval pay cash -in -lieu of parkland to the Township in the amount specified in Schedule "H" of this Agreement. 6.7 SECURITIES Prior to signing the Subdivision Agreement, the Developer will deposit with the Treasurer of the Township to cover the faithful performance of the contract for the installation of the said services and the payment of all obligations arising thereunder, the following securities: a) Cash in the amount of one -hundred percent (100%) of the estimated cost of the said work as approved by the Township Engineering Consultant and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "K" 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 Engineering Consultant. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, three (3) months prior to expiration. Unless the Letter of Credit is renewed as noted above, the Township shall have the absolute right to refuse to issue Building Permits and to prohibit occupancy of homes, whether partially or fully completed, from the said date, three (3) months prior to the expiration of the Letter of Credit, or the Township may cash the Letter of Credit until a satisfactory Letter(s) of Credit is received by the Township. C) Notwithstanding the provisions of subparagraphs (a) and (b) above, the estimated cost of the works, as set out in Schedule "D", will be reviewed and updated by the Township Engineering Consultant on each anniversary of the date of execution of this Agreement. In the event of an increase, the Developer shall provide additional security, as required by the Township Engineering Consultant, within thirty (30) days of notice, by registered mail, from the Township. In the event that the Developer fails to deliver to the Township the additional security as required by the Township Engineering Consultant, it is hereby understood and agreed that the Developer be deemed to be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Developer's Engineer shall submit an estimate of the cost of the works to the Township Engineering Consultant for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. In the event that the tendered contract price for the Township services set out in 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. 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. 16 e) Default — if, in the event of default of the Developer under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township (its servants, agents or sub -contractors) shall, if the Township so elects, have the right and privilege at all times to enter upon the said lands for the purpose of repairing or completing any work or services required to be completed by the Developer under this Agreement. f) Exceeding Cost Estimates — if the cost of completing such work or service exceeds the amount of security held by the Township, such excess shall be paid by the Developer to the Township, thirty (30) days after invoicing by the Township. All overdue accounts shall bear interest at the rate of 12% per annum. g) Save Harmless—the Developer, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless the Township from and against any and all claims, suits, actions and demands whatsoever which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub -contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub -contractors. h) Construction Lien Act — if the Township becomes obligated to make any payments, or pay any costs under the provisions of Section 17(4) of the Construction Lien Act this will constitute a default and entitle the Township to realize upon its security. Surplus Funds — in the event that the Township cashes a Letter of Credit to complete Township services or satisfy any obligations under this Agreement, any surplus monies that remain after this work is completed shall, upon full compliance by the Developer with the terms of this Agreement, be returned to the issuing financial institution for transmission to that party that took out the original Letter of Credit. 5.8 DISCHARGE OF SECURITIES 5.8.1 Estimated Cost of Works - after the completion of fifty percent (50%) of the services based on the total estimated cost of works in the subdivision or in an approved stage of the subdivision, and provided the Developer is in compliance with all aspects of the Subdivision Agreement, the Developer shall, as the work further proceeds to completion, have the privilege, on application to the Township and upon certification of the Township Engineering Consultant, of obtaining reductions of the cash or Letter of Credit deposited for the installation of the services, in increments of not less than ten percent (10%). Upon application for reduction of the securities, the Developer's Engineer shall provide an estimate of the cost to complete the work. The Township Engineering Consultant will review the submitted estimate, and then make a recommendation of the required amount to Township Council for their approval, and that amount shall be retained along with twenty percent (20%) of the completed work estimate and the remainder released. A further ten percent (10%) of the completed work estimate will be released upon satisfactory assurance to the Township that there are no liens pursuant to the Construction Lien Act affecting lands conveyed or to be conveyed to the Township within the Plan of Subdivision, pursuant to the terms of this Subdivision Agreement. 5.8.2 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 Engineering Consultant, the balance of the deposit shall be returned. 5.9 STATUTORY DECLARATION OF ACCOUNTS PAID The Developer agrees that upon applying for a Discharge of Securities or for a Certificate of Substantial Completion and Acceptance, or for a Certificate of Maintenance and Final Acceptance for the services within the subdivision, or upon applying for prior acceptance of the municipal underground services, he shall supply the Township with a Statutory Declaration that all accounts for work and materials for said services have been paid and that the Construction Lien Act has been complied with and that no liens thereunder have or can be registered, except normal guarantee holdbacks, and that there are or will be no 17 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. 5.10 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. 5.11 INSURANCE CERTIFICATE AND POLICY 5.11.1 Policy of Insurance - the Developer shall lodge with the Township, on or prior to the execution of the Agreement, an insurance certificate with an insurance company satisfactory to the Township, (which said approval shall not be unreasonably withheld or delayed), and insuring for the joint benefit of the Developer, their agents and the Township and their agents, against any liability that may arise out of the construction or installation of any work to be performed pursuant to this Agreement and for a period of one (1) year after completion and acceptance of the Township services to be constructed herein. 5.11.2 Comprehensive General Liability/Environmental Impairment - such policy shall carry limits of liability in the amount to be specified by the Township, but in no event shall it be less than FIVE MILLION DOLLARS ($5,000,000.00) inclusive comprehensive general liability, environmental impairment liability in an amount not less than FIVE MILLION DOLLARS (5,000,000.00) and such policy shall contain: a) a cross -liability clause; b) product/completed operation coverage; C) shall not have an exclusion pertaining to blasting, provided that any blasting required to be done shall be done by an independent; d) shall include the following names as insured's: (i) THE. CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 5.11.3 Noticeof 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. 5.11.4 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. 5.11.5. 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. 5.11.6 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. 18 PART -6 CONSTRUCTION REQUIREMENTS 6.1 SERVICING WORKS TO BE INSTALLED The works to be installed are set out in Schedule "C to this Agreement. This Schedule is to set out the works in general terms only and shall not be construed as covering all items in detail. The works are to be designed and constructed in accordance with the current Engineering Standards adopted by By -Law by the Township at the time of signing of the Subdivision Agreement. A copy of these standards is available at the Municipal Office. If at any time, and from time to time during the development of the subdivision, the Township Engineering Consultant is of the opinion that additional works are necessary to provide adequately any of the public services required by the Plan, the Developer shall construct, install or perform such additional works at the request of the Township Engineering Consultant. 6.2 CONSTRUCTION OF SERVICING 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. 6.3 ELECTRICAL. NATURAL GAS TELEPHONE and CABLE TV UTILITIES 6.3.1 Any development in conjunction with the subdivision must not block vehicular access to any Hydro One, Natural Gas, Bell Telephone and Cable TV plant located on the right-of-way. 6.3.2 The Developer shall make arrangements satisfactory to Hydro One, Bell Telephone and Cable TV for the crossing of the Hydro One, Bell Telephone and Cable TV right-of-way by the proposed roads. A separate proposal shall be submitted to Hydro One, Natural Gas, Bell Telephone and Cable TV area offices for these future road crossings. 6.3.3 The cost of any relocations or revisions to Hydro One, Natural Gas, Bell Telephone and Cable TV plant which are necessary to accommodate this subdivision will be borne by the developer. 6.3.4 The easement rights of Hydro One, Natural Gas, Bell Telephone and Cable TV are to be protected and maintained. 6.4 PRESERVATION AND PLANTING OF TREES 6.4.1 The Developer shall preserve all healthy trees within the limits of the subdivision, where possible. If, in the opinion of the Township Engineering Consultant, indiscriminate removal of trees takes place within the limits of the Plan of Subdivision, including road allowances, parkland and individual lots, the Township shall have the option of having a Stop Work Order on construction of the services and/or building on a particular lot where the removal is taking place. Work will not be allowed to proceed until the Township is satisfied that the practice will not continue and the Developer/Builder agrees to carry out remedial work requested by the Township. The Developer agrees to provide a copy of this clause to each and every prospective builder/prospective purchaser. 6.4.2 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 planting to protect the wetland and fisheries resources where natural vegetation on the buffer does not exist or is insufficient to provide an adequate vegetation buffer for approval by the Township and the Ministry of Natural Resources and Forestry. In addition, the tree -planting plan shall require planting of up to three 2.4 metre or taller hardwood trees on those lots not having any tree cover. 6.4.3 The Developer shall plant two (2) 2.4 metre, or taller, hardwood trees of a minimum of 5Cimm caliper on each lot having less than three (3) trees in the front yard(s), if required by the 19 Township. A minimum of 2 trees shall be placed along the flankage side of each corner lot. The type of trees must be satisfactory to the Township. 6.5 MOVEMENT OF FILL The Developer covenants and agrees that he shall not dump, nor permit to be dumped, any fill or debris on, nor shall he remove or permit to be removed, any fill, topsoil, trees or shrubs from any public or Municipal lands, without the written consent of the Township Engineering Consultant. 6.6 DAMAGE TO EXISTING PLANT The Developer shall repair any damages caused to an existing road, road allowance or existing structure or plant located on the road allowance as a result of the subdivision development and shall pay for any costs involved in the relocation of existing services, such as hydrants, telephone poles, etc., which may become necessary because of the development of the subdivision. In this regard, the Developer's Engineer shall arrange for an inspection with the Township Transportation Department and Township Engineering Consultant for the purpose of compiling an inventory of existing conditions prior to work on the subdivision. Otherwise, the Township Transportation Department's assessment of conditions prior to construction will be final. 6.7 DUST CONTROL Until the Certificate of Substantial Completion and Acceptance (Aboveground Works) has been issued, the Developer shall apply calcium or other Ministry of the Environment approved dust suppressant to the roads within the subdivision and/or utilized by construction traffic, in quantities sufficient to prevent any dust problem to traffic or home occupants, to the satisfaction of the Township Engineering Consultant. If the Developer has not taken remedial action within twenty-four (24) hours of receiving a written notification (via facsimile and /or email) from the Township and/or Township Engineering Consultant regarding a dust control problem, then the Township and/or Township Engineering Consultant, at their sole discretion, shall employ outside fomes to implement, at the Developer's expense, a suitable measure of dust control. 6.8 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. 6.9 INSPECTION OF CONSTRUCTION OF SERVICES During construction of the services, the Township may inspect the work in hand at such times and with such duration and frequency as the nature of the type of construction may dictate. Subject to the obligations of the Township Engineering Consultant to protect the interests of the Township through such inspections, every effort will be made to keep duplication of engineering services on site to a minimum. If, during such inspections, the Township Engineering Consultant perceives that construction, whether by method or otherwise, constitutes an immediate danger to life or property, or construction doers 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 h 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. 6.10 DECLARATION OF PROGRESS AND COMPLETION 6.10.1 Prior to the approval of the municipal underground services, the Developer shall provide the Township Engineering Consultant with an undertaking for the completion dates of all remaining works required by this Agreement and in a form similar to that attached to this Agreement as Schedule "I", the Declaration of Progress and Completion, for approval of the Township Engineering Consultant. The Township reserves the right to alter the completion 20 dates, if the timelines are considered to be inappropriate, and the Developer agrees to complete the services within the revised completion dates. 6.10.2 It is understood and agreed that should the Developer fail to construct the remaining services, as stipulated, and by such dates as provided in the Declaration, the Developer shall pay to the Township, as pre -determined liquidated damages, the sum of TWO HUNDRED DOLLARS ($200.00) for each and every day the said services are behind schedule of construction, and NO FURTHER BUILDING PERMITS SHALL BE ISSUED. 6.10.3 The Township recognizes that top lift asphalt cannot be placed until 70% of the lots have completed dwellings, and that should not be altered by the Township. 6.11 PROGRESS OF WORKS After the completion of the underground services, the Developer shall complete the Declaration of Progress and Completion for the approval of the Township Engineering Consultant and from that date, the said Declaration shall apply and take precedence over Clause 4.1.5. Prior to signing the Declaration of Progress and Completion, the Developer shall install all works in accordance with the Schedule of Works or as directed by the Township Engineering Consultant. If he fails to adhere to the scheduling provisions outlined in the Schedule of Works or the Declaration, or having commenced to install the aforesaid works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works are not being installed in the manner required by the Township Engineering Consultant, then upon the Township Engineering Consultant giving seven (7) days written notice by prepaid registered mail to the Developer, the Township Engineering Consultant may, without further notice, enter upon the said land and proceed to supply all materials and to do all necessary works in connection with the installation of the said works, including the repair or reconstruction of faulty work and the replacement of materials not in accordance with the specifications, and to charge the costs thereof, together with an Engineering fee of ten percent (10%) of the cost of such materials and works to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Township within thirty (30) days of the date on the bill, the money owing may be deducted from the cash deposit or Letters of Credit. It is understood and agreed between the parties hereto that such entry upon the land shall be as agent for the Developer, and shall not be deemed for any purpose whatsoever, as an acceptance or assumption of the said works by the Township. The Township, in addition to all other remedies it may have, may refuse to issue Building Permits until such works are completely installed in accordance with the requirements of the Township Engineering Consultant. It is agreed that a copy of this clause be delivered by the Developer to each and every builder obtaining a Building Permit for any lot or part of a lot on the said Plan. 6.12 SUBSTANTIAL COMPLETION OF SERVICING WORKS It is intended that the storm sewer system will be constructed, inspected and approved in accordance with the wording contained in this Agreement. Building Permits will not be issued until the Township Engineering Consultant has given the Certificate of Substantial Completion and Acceptance (Municipal Underground Services). The two (2) year maintenance period for the underground services will commence when this Certificate is issued. During the maintenance periods, the Developer shall be responsible for the normal operation and maintenance and all repairs for the services noted in the Certificates. If, during the two (2) year maintenance period, the Developer fails to carry out rectification and repair work as requested by the Township, then the Township may carry out the work and be reimbursed the cost of the work from the Developer's securities, as set out under Clause 9.3 and 9.4. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Final Certificate of Occupancy have been issued. The Developer shall be responsible for the normal operation, maintenance and all repairs of the services, in this case. 21 6.13 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. 6.14 USE OF WORKS BY TOWNSHIP The Developer agrees that: I. The works maybe 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. 6.15 DRAINAGE AND LOT GRADING All lots and blocks within the Plan and all lands abutting the Plan shall be graded to drain in accordance with the Lot Grading Plans West Half LG -1 and East Half LG -2 prepared by Gemmell Engineering, and approved by the Township 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 Engineering Consultant. It is understood and agreed by the parties hereto that drainage of surface water on the lots and blocks on the Plan is the sole responsibility of the respective lot owners once the required drainage works have been constructed by the Developer. The storm swales shall be landscaped and maintained by all subsequent lot owners. The purpose of the storm swales is to accommodate storm drainage waters from the subject lot and adjacent lands. No lot owner in the subdivision shall encumber or impede storm drainage in any manner whatsoever. In the event that the Developer, or any subsequent lot owner, obstructs, impedes, or interferes with the storm drainage flow through any part of the storm swale, or interferes with the acceptance of water from any connecting swales, then the Township shall have the right, if it so elects, to enter upon the subject lands to rectify such problems so that the swales can serve their original purpose. Within the swale area, the Developer, and any subsequent lot owner, shall not construct any works, remove, or permit to be removed, any soil from the said swale/easement, excavate, drill, install, erect, or permit to be excavated, drilled, installed or erected in, over, upon, under or through the said swale/easement, any fence, well, foundation, pavement, building or other structure or other installation. The lot owner of any lot in the subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the lot owner. Any invoices not paid within thirty (30) days after the due date, shall be added to the tax roll and collected in a like manner as realty taxes, as per Section 446 of the Municipal Act, 2001. The Developer agrees to deliver a copy of this clause to each and every prospective purchaser and/or builder obtaining a Building Permit for any lot or part of a lot on the said Plan of Subdivision. Generally, the drainage facilities will consist of a satisfactory drainage outlet, and will be in accordance with the Storm Drainage. Plans STM -1 and STM -2, Plan and Profile Drawings PP -1 to PP -4, Stormwater Management Pond drawing PND -1 by Gemmell Engineering and approved by the Township Engineering Consultant and the Township. 22 6.16 PARKLAND WORKS (WALKWAY ETC.) 6.17 All parkland (drainage, walkway and open space blocks) works indicated on the Landscape drawings are to be constructed in accordance with Section 14 — Park requirements of the Township of Oro-Medonte Engineering Standards and drawings. The parkland works must be completed to the satisfaction of the Township prior to the issuance of 50% of the total Building Permits allowed in the subdivision. For the purposes of this Subdivision Agreement: (i) The term "Underground Services" shall mean the storm drainage works (including culverts, storm sewer, detention pond); waterworks (including piping, valves, fire hydrants, services to lots, sample station, and PVRs); underground electrical distribution system; and street lighting serving the Plan of Subdivision, as more particularly described in Schedule "C" to this Subdivision Agreement. (ii) 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. (iii) The term "Certificate of Substantial Completion and Acceptance (Municipal Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineering Consultant confirming that the Municipal Underground Services to be installed by the Developer under the provisions of this Subdivision Agreement, as more particularly identified in Schedule "C", have been substantially completed in accordance with plans and specifications reviewed and accepted by the Township Engineering Consultant. The issuance of a Certificate of Substantial Completion and Acceptance (Municipal Underground Services) shall not constitute an assumption of the Municipal Underground Services by the Township. (iv) The term "Certificate of Maintenance and Final Acceptance (Municipal Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineering Consultant confirming that the Municipal Underground Services constructed by the Developer, in accordance with the terms of this Subdivision Agreement, and as more particularly identified in Schedule "C", have been satisfactorily completed and maintained by the Developer during the two-year (2) maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Municipal Underground Services by the Township. The term "Certificate of Substantial Completion and Acceptance (Aboveground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineering Consultant confirming that the Aboveground Services to be installed by the Developer under the provisions of this Subdivision Agreement, as more particularly identified in Schedule "C", have been substantially completed, in accordance with plans and specifications reviewed and accepted by the Township Engineering Consultant. The issuance of a Certificate of Substantial Completion and Acceptance (Aboveground Services) shall constitute an assumption of the Aboveground Services by the Township for winter maintenance only. The term "Certificate of Maintenance and Final Acceptance (Aboveground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineering Consultant confirming that the Aboveground Services constructed by the Developer in accordance with the terms of this Subdivision Agreement, and as more particularly identified in Schedule "C", have been satisfactorily completed and maintained by the Developer during the two-year (2) maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Aboveground Services by the Township. 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. 23 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. PART — 7 BUILDING AND SEWAGE SYSTEM PERMITS AND OCCUPANCY 7.1 OVERALL LOT DEVELOPMENT PLAN ili INDIVIDUAL SITE PLANS 7.1.1 The Developer further agrees that he or any person, persons, or Corporation claiming title through the Developer, will not apply for a Building or Sewage System Permit for any part or portion of the said lands or on any lot therein, and no Building or Sewage Permit shall be issued until a Certificate of Substantial Completion and Acceptance (municipal underground service) has been issued. 24 7.1.2 The Developer's Engineer shall prepare an Overall Lot Development Plan for approval by the Township and/or Township Engineer Consultant and the Nottawasaga Valley Conservation Authority as a further requirement to Clause 6.15. The Plan shall include the following: LGA and LG -2. a) envelopes for the proposed house and any adjacent structures on each lot. b) existing and proposed grades of the disturbed area of lot after building, drainage and sewage works have been completed. c) existing and proposed grades on lot corners and mid -lot elevation. d) location and type of proposed water supply. 7.1.3 The Developer agrees to advise all prospective lot developers that prior to a Building or Sewage System permit being issued a detailed individual site plan including methods of stormwater storage and sewage effluent disposal shall be prepared for each lot by the Developer's Engineer and approved by the Township and/or the Township Engineering Consultant. The individual site plan shall show the building and tile bed location (if applicable) and elevations, all exterior lot grading and drainage works complete with elevations and landscaping. 7.1.4 Individual Lot Owners will be required to obtain the services of a qualified professional consultant to prepare the Individual Site Plan to the satisfaction of the Township prior to the issuance of a building or sewage system permit. The Individual Site Plan shall include, at a minimum a) the location of the proposed building, driveway and any other structures on the lot, b) the lot area, building area including decks, stairs, and landings, percentage of coverage and allowance and actual setbacks, including zoning of lot, in a metric scale (all in chart form). c) the proposed building with lot, Registered Plan number, and municipal address (911 number). d) the elevation of the underside of footing, top of foundation wall, and all floor levels of the dwelling and other structures. e) the location, size and elevation of the sewage system, all engineering design criteria and standards pertaining thereto, shall be provided. f) the existing and proposed grades of the disturbed area on the lot after building, drainage and sewage works have been completed including lot corners, mid -lot, and at corners of dwelling. g) the location and grades of any proposed drainage swales. h) the consultant 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:. i) the consultant 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. 7.1.5 The Developer further agrees to construct all works required under Clause 6.15, and as shown on the approved General Servicing Plan GSP-1 and GSP-2, Storm Drainage Plans STM -1 to STM -2, Lot Grading Plans LG -1 to LG -2, Plan and Profile Drawings PP -1 to PP_ 4, Stormwater Management Pond drawing PND-1,Erosiion and Sediment Control Plan drawings ESC -1 and ESC -2, Street Lighting Layout and Specifications SL -1, General Notes GN-, Standard Details SD -1 through SD -3, SWM Planting Plan Fig. 2, prepared by Gemmell Engineering to the satisfaction of the Township and the Township Engineering Consultant. 7.1.6 The Developer further agrees to advise all prospective lot owners of the requirements that it may be necessary for the sewage system to be installed prior to construction of the home, subsequent to the issuance of a Sewage System Permit. 7.2 REQUIREMENTS FOR BUILDING PERMITS The Developer acknowledges and agrees that final approval or registration of the Plan approval by the Township, or the acceptance by the Township of the works set out in this Agreement shall not be deemed to give any assurance that Building Permits, when applied for, will be issued in respect of the lots or blocks shown on the Plan. The Township reserves the right to withhold building permits until the requirements of this Agreement, and all other requirements of all relevant agencies, have been completed to the 25 satisfaction of each agency, and the Township has been notified in writing of satisfaction of these items by the relevant agency. The Developer and Township agree that no building permits shall be applied for nor issued by the Township for permitted uses as set out in the Township of Oro-Medonte Zoning By- law 97-95, as amended, until the Township is satisfied that adequate road access, and storm drainage facilities are available to service the Plan in addition to all other requirements set out in Section 7 herein. Despite the foregoing and despite the provisions of the Building code Act, R.S.O. 1990, c.B.13, the Developer understands and agrees that no building permits will be issued until all of the requirements of this Agreement and specifically this Section, have been met. For the purposes of the Building Code Act, R.S.O. 1990, c.B.13, the Parties hereby agree that the requirements of this Agreement, including specifically this Section, shall constitute "applicable law". Notwithstanding the foregoing, no Building Permits will be given and the Chief Building Official may refuse any application until: (i) The submission of all provincial and municipal approvals; (ii) Sewage system approval has been obtained from the Township. (iii) The Certificate of Substantial Completion and Acceptance for the Municipal Underground Works has been issued by the Township; and the submission of the completed Declaration of Progress and Completion (Schedule "I"). (iv) Plans for remaining underground services such as Bell Telephone, Electricity or Natural Gas have been approved and the required Composite Utility Plan has been approved by the Township. (v) A "Builders" road completed up to an including base coarse asphalt, has been constructed on the road providing access to the lot in accordance with the Township's Engineering Standards to the satisfaction of the Township. (vi) Approval of the Township Engineering Consultant has been obtained for the construction of any buildings to be erected on lots or blocks listed in Schedule "E" hereto. (vii) Signs denoting "ROAD NOT ASSUMED BY TOWNSHIP — USE AT YOUR OWN RISK" have been installed at the entrances to the subdivision in a location acceptable to the Township, in accordance with Clause 4.1.8. (viii) A Certificate Letter and Lot Development Plan has been given by the Developer's Consulting Engineer or a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building to be erected on any lot or block within the Plan, for which a Building Permit has been applied for, is in conformity with the General Location and Overall Lot Grading Plans, or has received the approval of the Township Engineering Consultant with respect to any variance to the Overall Lot Development Plan. The individual Lot Development Plan must be approved by the Township and/or Township Engineering Consultant prior to the issuance of a Building Permit. (ix) All dead trees within the limit of the Plan have been removed. (x) Arrangements have been made and approved by the Township for Municipal Address System numbering, as set out in Clause 7.5. (xi) The Traffic and Street Name signs have been installed and approved by the Township. (xii) Payment of Development Charges Fees and other applicable levies. (xiii) Payment of lot grading deposit of one thousand dollars ($1000.00) per lot. 26 7.3 LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL ATTENTION Any lot, which will require special attention in order to be serviced, will be listed on Schedule "E" of this Agreement. Prior to the issuance of a Building Permit for any lot listed in Schedule "E", the Developer's Engineer must submit a letter to the Township Engineering Consultant outlining the measures to be taken to correct the problems on the lot. This proposal must be approved prior to applying for a Building Permit. 7.4 CONFORMITY WITH GRADING Prior to issuance of a building permit for any lot on the Plan, an Individual Site Plan is required to be approved by the Township in accordance with Section 7.1. The Individual Site Plan will indicate the proposed building and lot, municipal address, and elevation of the top of foundation wall and shall be in compliance with the Overall Lot Grading Plan for the subdivision. Any variance to the Overall Lot Grading Plan must receive approval from the Township Engineering Consultant, the Conservation Authority of jurisdiction, and where area tile bed systems are involved, the Township. The Developer agrees that each building permit will be issued on the condition that no construction of any building will proceed beyond the completion of the footing and then the foundation wall until the Developer has provided the Township's Chief Building Official with a certificate from the Developer's Engineer certifying that the elevation of the underside of the footings and then the top of the constructed foundation wall of the building conforms to the elevation shown on the Individual Site Plan and complies with the Overall Lot Grading Plan. Any variance shall require the approval of the Township and/or Township Engineering Consultant. 7.6 MUNICIPAL ADDRESS SYSTEM The Developer's Engineer shall be responsible for obtaining the municipal address system numbers for each and every lot from the Municipal Office and including on the final approved engineering drawings. As a further requirement, in order to obtain a Provisional Certificate of Occupancy, the Developer and/or builder or lot owner, shall install the aforementioned number at a location approved by the Township. The Developer agrees to provide a copy of this clause to each and every builder or lot owner in advance of the sale of such lot(s). 7.6 REQUIREMENTS FOR OCCUPANCY 7.6.1 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. 7.6.2 A FINAL CERTIFICATE OF OCCUPANCY will not be issued until: (i) The roadway has received the granular road base materials full depth and the base course of asphalt. (ii) The underground electrical, telephone lines, gas mains and streetlights have been installed, and are approved by the Township Engineering Consultant; all these utilities have been energized. (iii) A Certificate Letter and individual Lot Development Plan have been given by the Developer's Consulting Engineer, or a Professional Engineer registered with the Association of Professional Engineers of Ontario, indicating that the building constructed, and the final grading of the lot or block, is in conformity with the General Location and Lot Grading Plans, or such variance there from has been approved by the Township Engineering Consultant. The final grading on the individual Lot Development Plan must be approved by the Township Engineering Consultant prior to the issuance of a FINAL CERTIFICATE OF OCCUPANCY. 27 FINAL CERTIFICATE OF OCCUPANCY means a permit issued when all outstanding items on a Provisional Certificate of Occupancy, including grading, have been completed. (iv) The trees have been planted on the lot by the Developer in accordance with Clause 6.4. (v) 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. 7.7 OCCUPANCY LIQUIDATED DAMAGES Notwithstanding the above, if for any reason whatsoever, occupancy of any building occurs before the vital services listed in Clause 8.6 are installed to the home occupied to the satisfaction of the Township Engineering Consultant, then the Developer agrees to pay to the Township, liquidated damages in the amount of TWO HION.^RED DOLLARS ($200.00), per dwelling, per day, to cover the additional costs of administration, inspection and fire protection, etc. The liquidated damages to commence at and include the date of occupancy and end when the Developer obtains a certificate from the Township Engineering Consultant 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. 7.8 REQUIREMENTS FOR WINTER OCCUPANCY Should the Developer require Occupancy between October 1 and April 15, then the final lot grading shall be completed by the following July 15. Should the Developer require Occupancy between April 15 and October 1, the final lot grading shall be completed within three months of Provisional Occupancy. In addition, if the final lot grading is not completed prior to Occupancy, the Developers Engineer shall provide the. certification that the lots requesting Occupancy have a base grade, swales, and all slopes are graded to conform to the Overall Lot Grading Plan and minimum engineering design standards. The Developer agrees that if the final lot grading has not been completed within the aforementioned time lines, the Township will immediately proceed to have the final lot grading completed at the Developer's expense. Further, it is agreed by the Developer that the lot grading security deposit will not be reduced until the Township and/or Township Engineering Consultant is satisfied including having completed a site inspection and a Lot Grading Certification from the Developers Engineer has been received. 28 PART -8 MAINTENANCE AND ACCEPTANCE 8.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES On receipt of the Developer's request for a final inspection of the municipal underground services, the Township Engineering Consultant will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) be issued. It should be noted that the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) can be applied for by the Developer two (2) years after the receipt of the Certificate of Substantial Completion and Acceptance (Municipal Underground Services). Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Final Certificate of Occupancy have been issued. The Developer shall be responsible for the maintenance and all repairs of the services, in this case. The Developer will be responsible for these operation costs until the Township has assumed the responsibility of these services. 8.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES The Surface Lift of Asphalt for the subdivision roads cannot be placed until 50% of the lots have completed dwellings. When all of the services have been completed, including the surface lift of asphalt in accordance with this Agreement or in a particular stage, the Township Engineering Consultant and the Township Transportation Department shall make an inspection to ensure that the Township will accept the road system. The Township Engineering Consultant shall issue a Certificate of Substantial Completion and Acceptance (Aboveground Services) when the works are accepted by the Township. This Certificate may contain a list of minor deficiencies, which have to be corrected by the Developer, but which are not considered of sufficient importance to delay the issuance of the Certificate and the acceptance of the services by the Township. The two (2) year maintenance period will commence when the Township approves the issuance of the Certificate. 8.3 MAINTENANCE OF SERVICING WORKS The Developer will be responsible for the repair and maintenance of all the subdivision services for a period of two (2) years from the date the Township approves the Certificate of Substantial Completion and Acceptance. This shall be called the Maintenance Period. The maintenance shall include the maintaining and mowing of grass within the road allowances, as well as the parkland area, if provided, on a regular basis. 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 Engineering Consultant may, without further notice, arrange for others to undertake such maintenance work and the total cost of such work, including Engineering fees, shall be bome 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 29 therein and the Final Certificates of Occupancy have been issued. The Developer shall be responsible for the maintenance and all repairs of the services, in this case. 8.4 WINTER ROAD MAINTENANCE An exception to the liability of the Developer for all maintenance and repair of the services during the two (2) year maintenance period will be winter control, which operation will be the Township's responsibility after the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services). Winter control shall include snow plowing, sanding and any other winter maintenance operations. It is agreed by the Developer that the winter control operations shall not prejudice the Township's rights to enforce the maintenance provisions. Prior to the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services) however, the Developer shall be responsible for the winter control also. In the event that proper vehicular access or winter control is not provided by the Developer, the Township, through its servants, contractors, or agents, may provide without notice to the Developer. Such winter control shall be only carried out at times deemed to be an emergency by the Township's Operations Department. All costs of such work shall be paid by the Developer within thirty (30) days of the date of billing or otherwise may be deducted from the cash deposit or Letter of Credit. The cost of such works to be at the following rates: Machinery and Equipment $50.00/hr. Labour $25.80/hr. Mixed Sand and Salt $11.47/tonne Payroll Burden -48% Administration -7% H.S.T. -13% The Township may adjust these rates from time to time. The Developer further agrees that any work done by the Township pursuant. to this Agreement before the roads are accepted by the Township, shall not be deemed in any way to be an acceptance by the Township of the roads in the said subdivision upon which such work is done. The Developer acknowledges that the Township, whilst providing winter control, may damage or interfere with the works of the Developer and covenants that he will make no claims against the Township for such interference or damage, providing the work is carried out in a normal and reasonable manner. 8.5 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 andiron bars shown on the registered plan. The statement must be dated within two months of the date of acceptance. 8.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES Upon receipt of the Developer's request for a final inspection of the Aboveground Services, the Township and/or the Township Engineering Consultant will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance be issued. 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. 8.7 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 30 overall Grading Plan for the lands or such variance there from as has been approved by the Township Engineering Consultant. Every such release shall operate as a discharge of all levies hereunder by the Township in respect to each lot or block described in the release, with the exception of the responsibility for drainage as outlined in Clause 9.8 and the completion and maintenance of the services. 8.8 DRAINAGE - RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT OWNERS It is understood and agreed that the drainage of surface waters upon and from the said lands shall remain the sole responsibility of the Developer and once assumed the subsequent owners, from time to time, of the lots or blocks within the Plan of Subdivision. The Developer and then subsequent owners of the lots or blocks within the Plan of Subdivision, from time to time, shall provide and maintain adequate drainage of surface waters across and from the said lands in accordance with the provisions of Clause 7.17 of this Subdivision Agreement. The Developer agrees to provide a copy of this Clause 9.8 and Clause 7.17 to each and every prospective builder/prospective purchaser of a lot or block within the Plan of Subdivision. The Developer and then subsequent owners, from time to time, of any lot or block within the Plan of Subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the Developer and then subsequent lot owner(s). Any invoices not paid within thirty (30) days after due date, shall be added to the tax roll and collected in a like manner as realty taxes as per Section 446 of the Municipal Act, 2001. 31 PART -9 - DEFAULT PROVISIONS 9.1 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/orto restrict or refuse issuance of Building Permits and/or the Final Certificate of Occupancy, and the Developer agrees not to apply for any Building Permits or the Final Certificate of Occupancy for lots or blocks within the Plan of Subdivision, until such time as the Developer is in full compliance with the provisions of this Subdivision Agreement. 9.2 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. 9.3 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. 9.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP The Developer further agrees that all costs, charges or expenses incurred by the Township in satisfying the obligations of the Developer in the event of default of the Developer under the terms of this Subdivision Agreement, together with any costs, charges or expenses incurred by the Township in enforcing the obligations of the Developer under this Agreement, shall be a first charge or lien against the said lands in accordance with the provisions of Section 446 of the Municipal Act, 2001. IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested to by the proper signing officers. SIGNED, SEALED AND DELIVERED this Q2 day of June, 2017. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE PerVus . Title_ Mayor Per � �A�o pC1 Janette Teeter Title Deputy Clerk 2479283 ONTARIO INC. Per ° t TitleX- 32 SCHEDULE"A" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO INC. DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the Township of Oro-Medonte (formerly Township of Oro), in the County of Simcoe, and being composed of the whole of the lands described as follows: Plan of Subdivision of PartWest Half of Lot 11, Concession 5 (Oro), Part 1, 51 R37405 Except, Part 1, 51R37585 Township of Oro-Medonte, County of Simcoe and designated as Part 1, on a plan deposited in the Registry Office for the Land Titles Division of Simcoe (No.51) as Plan 51 R-XXXXX; Township of Oro-Medonte (formerly the Township of Oro), County of Simcoe, PIN 58641-0072 (LT) 33 SCHEDULE"B" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO INC. PLAN OF SUBDIVISION Lots 1 to 14 51-M 34 SCHEDULE"C" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO LIMITED WORKS TO BE CONSTRUCTED Construction of storm sewers and appurtenances, watermains and appurtenances, including service connections, all road works, including curbs and gutters in accordance with the approved Engineering Drawings to service the Whispering Creek subdivision (2479283 Ontario Inc.) in the Township of Oro-Medonte. LIST OF DRAWINGS Description Drawing No. General Servicing Plan — West Half GSP —1 General Servicing Plan — East Half GSP — 2 Erosion & Sediment Control Plan ESC - 1 Erosion & Sediment Control Details ESC - 2 Lot Grading Plan — West Half LG - 1 Lot Grading Plan — East Half LG - 2 Pre Development Storm Drainage Plan STM —1 Post Development Storm Drainage Plan STM 2 Stormwater Management Pond PND -1 Plan and Profile – Best Court Pp 1 Plan and Profile – Best Court PP -2 Plan and Profile - County Road 11 pp - 3 Plan and Profile - County Road 11 PP -4 Street Lighting Layout and Specifications SL -1 General Notes GN 1 Standard Details SD -1 Standard Details SD -2 Standard Details SD -3 Planting Plan (SWM Pond) Fig.2 Hydro One Plan 0338-10-200 Note: The aforementioned drawings were stamped "Accepted for Construction" by AECOM, the Township Engineering Consultant on December 20, 2011. SCHEDULE"D" 35 NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 Ontario Inc. 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: C) Miscellaneous items such as emergency access road, fencing, community mailbox layby, County Road 11 Road Works, street & regulatory signs, tree plantings $77,525.00 $42,590.00 $34,935.00 D) Electrical Supply including street lights and power pedestal.................................................................................. $38,500.00 $0.00 $38,500.00 SUB -TOTAL $423,295.00 $105,365.00 $317,930.00 E) 10% Allowance for Engineering and Supervision $42,329.50 $10,536.50 $31,793.00 TOTAL $465,624.50 $115,901.50 $349,723.00 130/0 HST $60,531.19 $15,067.20 $17,486.15 TOTAL COST $526,155.69 $130,968.70 $367,209.15 LETTER OF CREDIT REQUIRED FOR SUBDIVISION AGREEMENT • Remaining Outstanding Work $130,968.70 • 10% of Completed Work $36,720.92 SECURITIES RETAINED BY TOWNSHIP $167,689.61 SCHEDULE"D1" M. Original Remaining Comoleted Outstanding Work Work A) Site Works including Mud Mat, 9 -Strand Post and Wire Fencing, silt fencing, straw bale check dams, rock check dams, cur -off swales, and rear yard berm at Lots 1 to 7 c/w topsoil & seed and mulch $37,250.00 $3,000.00 $34,250.00 B) Storm Drainage works complete including inlet works, concrete cable mat, SWM Pond, topsoil & seeding pond, control devices, pipes, manholes, headwalls, fencing and gates,access road and landscaping $126,860.00 $28,275.00 $98,585.00 C) Roadway construction complete including excavation, Granular B, Granular A, Concrete curb and gutter, subdrains, topsoil/seed boulevards, and two lifts of asphalt..................................................................... $143,160.00 $31,500.00 $111,660.00 C) Miscellaneous items such as emergency access road, fencing, community mailbox layby, County Road 11 Road Works, street & regulatory signs, tree plantings $77,525.00 $42,590.00 $34,935.00 D) Electrical Supply including street lights and power pedestal.................................................................................. $38,500.00 $0.00 $38,500.00 SUB -TOTAL $423,295.00 $105,365.00 $317,930.00 E) 10% Allowance for Engineering and Supervision $42,329.50 $10,536.50 $31,793.00 TOTAL $465,624.50 $115,901.50 $349,723.00 130/0 HST $60,531.19 $15,067.20 $17,486.15 TOTAL COST $526,155.69 $130,968.70 $367,209.15 LETTER OF CREDIT REQUIRED FOR SUBDIVISION AGREEMENT • Remaining Outstanding Work $130,968.70 • 10% of Completed Work $36,720.92 SECURITIES RETAINED BY TOWNSHIP $167,689.61 SCHEDULE"D1" M. 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S Ar:19. 1 w¢m }O H.iww 50% 51.110% fId0.00 10% SL?ww INt: DAL9 Suae Nx 115. i0¢n IPo i164N 5}5400 5000 4910% 12959% $00 f3.m DOl9 Gke Gri595501 }±5 513600 f1±.090.00 IOw 512600.0 555.(Po.0 100 SI+.009% NU : 1%): AW s!ONAGEtf�TRWCE F?ATLAE 55100 N.i}fro !0000 S✓.)350 X.135% 50Go H.PS00 D.wJ R[evkmm5ims 101: D.0_ Sppn NpmpSim I 61 566000 ISO% 3000 SINN SNOW 5000 J Rxi r)]n¢ 5J 1 6000 5 IDN IND% 3(00% 100";D. statoTAt- sem.^n• s+wo .o4 5.6000N0 NDO to.Po Nro s.eoo. 5000 % IN%N oti SEC1N n315m uL .0 Svl3 .eo E [mTpic61 E01 t hWlmm9 n r:N FN S WNNA.,4dn 1 m 32`00 1210% %% S}S0ro 525000 fOro % f9yp7We4195pm5561mbkr WAmD 6 m 79_6100 f] 10.0000 190 1}1.4090 S}1.00.00 5000 f}.500.0 1±1.0000 IW. IOU: SLRTOTAL-A[Hw-E' S563Po% 19.Po Sl ,roO. w'. fo.% u4wo.N 54T u LY SErnON'A• m,isoN SFrnON•B` 5000,1001 796%.% 794,151.% RMON"C 514,10.00 511,175.% IPt$1Aw nmorD• SS;fippD SILND.w sll IN L SECSION•E- WmA u4'N.w LWJS.w S0t0TA2 Uµ795% 50.0 "440000 104A11pAANCEftwPOWNE15RIKI U 059 SIOSJ65,% snpruLDD slmro AL 9)3630 117 13%Torr H.S.T. 515.015.6➢ 115.90130 iw TOiA1 16.]4049 $15007]0 i}/)5440 1]0500.]0 ,MIAG $UBBIVISION AGREEMENT 37 SCHEDULE "E" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO INC. LIST OF LOTS REQUIRING SPECIAL ATTENTION Refer to Section 8.3, which outlines specific requirements for all lots on the Plan in order to obtain Building permits for each and every lot. 38 SCHEDULE"F" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO INC. DEVELOPMENT CHARGES The Developer acknowledges and agrees that the following development charges are, payable on a per -lot basis prior to the issuance of a Building Permit for each lot, unless alternative arrangements with the body enacting the By -Law relating to development charges or education development charges, which arrangements have been brought to the attention of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian funds to the Chief Building Official of the Township: (i) Development charges in accordance with the Township of Oro-Medonte'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. 39 SCHEDULE"G' NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO INC. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of TWO DOLLARS ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Developer. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easements shall be conveyed: • Block 15 to be deeded to the Township of Oro-Medonte as stormwater management pond blocks • Block 16 to be deeded to the Township of Oro-Medonte as walkway blocks. • Block 17 to be deeded to the Township of Oro-Medonte for Environmental Protection blocks. • Block 18 & 19 to be deeded to the County of Simcoe for a 15 metre by 15 metre daylight triangle block at each limit of the proposed road intersection with County Road 11. SCHEDULE"H" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO INC. PARKLAND Parkland Cash in lieu in the amount of $6500.00 payable to the Township of Oro-Medonte 41 SCHEDULE "I" TOWNSHIP OF ORO-MEDONTE DECLARATION OF PROGRESS AND COMPLETION SUBDIVISION DEVELOPER CONSULTING ENGINEER �,£I& IIS 15 l G 1A) fE-e, h As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE AND 2479283 ONTARIO INC. 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 Engineering Consultant and more specifically in accordance with the following schedule and conditions: a) Before any building erected on the lots or blocks in the Plan are occupied all the Requirements for Occupancy, as set out in Clause 8.5, shall be complied with. b) Granular "B" and Granular "A" on or before Tk i euf= a r), Lo)q c) Black Vinyl Chainlink fencing on or beforeqj,=,�,';1 aO1 d) Boulevard sodding on all roads on or before_ 5b 2 e)I e) Base Lift of Asphalt on or before �l1 N r7 ✓)j f) Planting of trees on or before SES. p g) Stormwater Management Pond expansion on or before h) Landscaping on or before S .12L Q019 2. The Developer further agrees that the Township is hereby authorized to carry out, at his expense, any of the work set out in this Declaration not finished on or before the completion dates, to be commenced not sooner than one week following such completion date, it being understood and agreed that the Township's authorization is limited only to that work required under the Declaration; 3. The Developer undertakes to properly maintain the gravel road base at all times and to keep all roads in a mud -free and dust -free condition until such times as the roads, including boulevards, have been completed; 4. The Developer further agrees and the Township is hereby authorized to undertake any of the maintenance work as set out under Item 3 hereof, not completed by him within 24 hours after receipt of such request for maintenance, at his expense, and without 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; 42 5. It is understood and agreed that should the Developer fail to construct the remaining services to carry out the requirements of Item 3 as stipulated, and by such dates and within such time limits as provided by this undertaking, the Developer, notwithstanding the costs noted in Section 4, shall pay to the Township, as predetermined liquidated damages, the sum of TWO HUNDRED DOLLARS ($200.00) for each and every calendar day the said services are behind schedule of construction provided such delay is not caused by strikes or acts of God or additional work being required by the Township. Ate"' . Seal or Witness 2479283 ONTARIO INC. (F w>='r , 06) q Date 43 SCHEDULE "J" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO INC. GENERAL LOCATION AND LOT GRADING PLANS 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. M, SCHEDULE "K" 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: $ 167.689.61 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 $167.689.61 , ($$$$$$$$) 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 20 Authorized Signature Authorized Signature Bank of 45 SCHEDULE"G" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO INC. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of TWO DOLLARS ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Developer. All documents to be registered shall be prior approved by the solicitor for the Township The following land and easements shall be conveyed: • Block 15 to be deeded to the Township of Oro-Medonte as stormwater management pond blocks • Block 16 to be deeded to the Township of Oro-Medonte as walkway blocks. • Block 17 to be deeded to the Township of Oro-Medonte for Environmental Protection blocks. • Block 18 & 19 to be deeded to the County of Simcoe for a 15 metre by 15 metre daylight triangle block at each limit of the proposed road intersection with County Road 11. • Block 20 & 21 to be deeded to the County of Simcoe for a 0.3 metre reserve across the frontage of the property adjacent to County Road 11 which includes the daylight triangle blocks. 41 �Ty�f Proud Heritngc, Exciting Future SUBDIVISION AGREEMENT Pursuant to Sections 51(26) and 51 (27) of the Planning Act. R.S.O. 1990 c. P. 13 - between - 2479283 ONTARIO INC. (Whispering Creek Estates) - and - THE CORPORATION OF THE TOWNSHIP OF ORO—MEDONTE DESCRIPTION OF LANDS Plan of Subdivision of Part West Half of Lot 11, Concession 5 (Oro), Part 1, 51 R37405 Except Part 1, 5111137585; Township of Oro-Medonte (formerly the Township of Oro), County of Simcoe, PIN 58541-0072 (LT) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE June 28, 2017 By -Law No. 2017-099 o c 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 Construction Requirements Part 7 Building Permits and Occupancy Part 8 Maintenance and Acceptance Part 9 Default Provisions 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 Schedule "E" - List of Lots Requiring Special Attention Schedule 7" - 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 X" - Standard Township Letter of Credit 2 TOWNSHIP OF ORO-MEDONTE THIS AGREEMENT made as of the 28 day of June, 2017. BETWEEN: 2479283 ONTARIO INC. 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 (2006 -SUB -02) has been issued for the proposed subdivision, which requires that the Developer must satisfy all the requirements, financial and otherwise, of the Township, including the provisions of certain Municipal Services; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and for other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of lawful money of Canada now paid by the Township to the Developer (the receipt whereof is hereby acknowledged), THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS: PART -1 GENERAL REQUIREMENTS 1.1 DEVELOPER'S CONSULTING ENGINEERS The Developer shall employ Engineers registered and in good standing with the Association of Professional Engineers of Ontario: 1.1.1 To prepare designs in accordance with the Township of Oro-Medonte 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, Nottawasaga Valley Conservation Authority and utility companies, or as a result of legislative or procedural change, the Ministries shall be deemed to be the Ministry of Municipal Affairs and Housing, as well as the Council of the Township of Oro-Medonte or the Chief Building Official. This will also pertain to Sections 2.4.3, 3.1.11, 8.1 and 8.2. 1.1.5 To act as the Developer's representative in all matters pertaining to the subdivision. 1.1.6 To provide co-ordination in scheduling to comply with the timing provisions of this Agreement and the requirements of the Township Engineering Consultant, for all the work specified in this Agreement. 1.1.7 To provide supervision during construction of all the services 1.1.8 To ensure that the work involved in construction of the services is carried out by construction methods conforming to acceptable engineering practice. 1.1.9 To maintain records of construction which shall be available for inspection or copy by the Township. 1.1.10 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, 2000, 2004, 2005, 2007 or 2010 drawing format or DXF and be delivered on a CD Rom or DVD. Two copies of each Plan of Subdivision are required on separate CD Roms or DVDs. Each CD Rom or DVD must be labeled identifying the legal property 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. 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. 13 0 O 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 and Lot Development Plan with respect to each lot or building block for which a Building Permit application is made, certifying that the proposed construction is in conformity with the General Location and Lot Grading Plan or with an approved variation; (NOTE: That a Professional Engineer could also be retained to provide the aforementioned and any cost incurred by the Township will be the responsibility of the Developer or individual lot owner). 1.1.12 To furnish the Township's Chief Building Official with a Certificate certifying that the elevation of the underside of the footing, and then the top of the constructed wall of the building is in conformity to the elevation shown on the individual site plan, and complies with the Overall Lot Grading Plan. Any variance shall require the approval of the Township and/or Township Engineering Consultant; (NOTE: That a Professional Engineer could also be retained to provide the aforementioned and any cost incurred by the Township will be the responsibility of the Developer or individual lot owner). 1.1.13 To prepare and provide the Township, for each lot or block within the plan, a Certificate of final grade elevation and Lot Development Plan, indicating that the property has been developed in conformity with the General Location and Lot Grading Plan or with an approved variation; (NOTE: That a Professional Engineer could also be retained to provide the aforementioned and any costs incurred by the Township will be the responsibility of the Developer or individual lot owner). NOTE: In the case of lots built on after the sale or transfer by the Developer, the Township reserves the right to request a similar certificate as required under 1.1.11, 1.1.12 and 1.1.13, but it may be provided by a Professional Engineer, other than the Developer's Consulting Engineer. If the Township has their Township Engineering Consultant prepare the Certificate, the cost of the work will be deducted from the final occupancy and lot grading deposit and will become the responsibility of the individual lot owner. 1.2 LEGAL NOTICE TO DEVELOPER Any notice required to be given hereunder may be given by registered mail addressed to the Developer at his principal place of business and shall be effective as of the date of the deposit thereof in the post office, as follows: M C 2479283 Ontario Inc. 185 Adesso Drive, Concord, Ontario. UK 3C4 (705)790-6570 Or by Email Address cfruci@alcarcontracting.ca In which case, notice shall be effective as of the time and date of successful transmission thereof. The Developer shall be responsible for notifying the Township Clerk, in writing, of any change(s) in his principal place of business. 1.3 REGISTRATION The Developer consents to the registration of the Subdivision Agreement by the Township and at the sole discretion of the Township upon the title of the lands, the registration expenses shall be included as a legal expense to the Developer. 1.4 VOIDING AGREEMENT In the event that the Plan is not registered within one year from the date of signing this Agreement, the Township may, at its option, declare this Agreement to be null and void. 1.5 MORTGAGEE BECOMING DEVELOPER The mortgagee(s) hereby agrees that in the event of him/they becoming the Developer(s) of the lands under his/their mortgage by way of foreclosure, purchase or otherwise, either beneficially or in trust, then the mortgage(s) shall be deemed to be postponed to this Agreement and any lands registered in the name of the Township shall be free of the mortgage(s), and the mortgagee(s) agrees to register a discharge of the mortgage(s) on those lands if called upon by the Township, to do so, and he/they shall be subject to the terms of the Agreement as though he/they had executed this Agreement in the capacity of the Developer. 1.6 ASSIGNMENT OR TRANSFER OF MORTGAGE The mortgagee(s) agrees that in the event of him/they assigning or transferring the mortgage(s) on the lands, the assignment(s) or transfer(s) shall be subject to the terms hereof, in the same manner as if the assignee or transferor has executed this Agreement. 1.7 LANDS FOR MUNICIPAL PURPOSES The Developer agrees to grant good title in fee simple free and clear from all encumbrances unto the Township, lands for municipal purposes other than roads, which shall be mutually agreed upon by the Developer and the Township or to make a cash payment in lieu thereof, as provided by Section 51.1 of the Planning Act, R.S.O. 1990, c.P.13 and required by the Township of Oro-Medonte. The Developer also 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 0 this subdivision plan to the authority requiring the easement(s). All cost of the above noted registration to be borne by the Developer. 1.9 HYDRO AND TELEPHONE Prior to the Township releasing this proposed Plan for registration, the Developer shall provide the Township with a letter from the electricity supplier and from the telephone supplier, stating that the Developer has entered into satisfactory arrangements with them with respect to the costs of installing underground wiring and financial contributions in this regard. 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 The Developer agrees to advise all prospective purchasers, renters and lessees that there are no schools planned within this subdivision, or within walking distance of it, and that enrolment within the designated Public and Catholic school sites in the community is not guaranteed, and that pupils may be transported to/accommodated in temporary facilities out of the neighbourhood schools' area. The Developer agrees to advise all prospective purchasers, renters and lessees that school busses will not enter cul de sacs and that pick up points will generally be located on through streets, suitable to the Board. Additional pick-up points will not be located within the subdivision until major construction activity has been completed. These clauses are to be placed in any Offer or Agreement of Purchase and Sale entered into with respect to any lots on this Plan of Subdivision. The clause should remain in perpetuity as lots may not be sold or built upon for some time. 1.11 CANADA POST The 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, acknowledges that each owner shall be responsible for the installation and maintenance of a subsurface sewage disposal system in accordance with Part 8 of the Ontario Building Code. 1.13 COUNTY OF SIMCOE The Developer and each individual lot owner, acknowledges that each owner shall be aware The County of Simcoe uses a 0.3 -metre reserve to restrict access to the County Road. Purchasers of the lots abutting County Road 11 are hereby advised that these lots are subject to the 0.3 -metre reserve and the County will not permit access to County Road 11 across the reserve. County of Simcoe Road setback By-law No. 5604 regulates the location of building and other structures on lands adjacent to County Roads. All lot development adjacent to County Road 11 is subject to the requirements of the County Road Setback By-law, or its successor. 1.14 NOTTAWASAGA VALLEY CONSERVATION AUTHORITY (NVCA) The Developer and each individual lot owner, acknowledges that each owner shall obtain a permit, under the conservation Authorities Act from the NVCA prior to any grading or construction in the regulated area; and The owner shall agree, prior to final plan approval, to pay all development fees to the Conservation authority as required in accordance with the NVCA's fees policy, under the powers of the Conservation Authorities Act. 7 1.15 WARNING TO PROSPECTIVE LOT DEVELOPERS The Developer shall provide copies of Clauses 1.1.11, 1.1.12, and notes, 1.8, 1.10, 1.11, 1. 12, 5.5, 5.7.2, 7.3, 7.4, 7.10, 7.16, 7.1 7, 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 8.7, 8.8, 9.8 and Schedules "E", "I'', and "G" to each prospective purchaser of a lot(s). 1.16 SAVE HARMLESS The Developer covenants and agrees with the Township, on behalf of itself, its successors and assigns, to indemnify and save harmless the Township, its servants and agents from and against any and all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of any work performed by the provisions of this Agreement. The Developer further covenants and agrees to release and forever discharge the Township from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise either as a result of the failure of the Township to carry out any of its obligations under this Agreement, or, as a result of the Township performing any municipal work on the said lands or the adjacent properties which may damage or interfere with the works of the Developer, provided that such default, failure or neglect was not caused as a result of negligence on the part of the Township, its servants or agents. 1.17 ENUREMENT This Agreement shall enure to the benefit of and be binding upon the parties and their heirs, executors, administrators, successors and assigns. M 11 C O PART -2 THE LANDS, PLANS AND REPRESENTATIONS 2.1 SCOPE OF AGREEMENT 2.2 DESCRIPTION OF LANDS The lands affected by this Agreement are the lands described in Schedule "A" hereto. 2.3 PLAN REFERENCE Forthe purpose of this Agreement, references are made to the Plan of Subdivision, attached hereto, as Schedule "B". Any further changes in the said Plan, or any changes in the Conditions of Draft Approval, may necessitate a change in the provisions of this Agreement. 2.4 CONFORMITY WITH AGREEMENT The Developer agrees to satisfy all the requirements, financial and otherwise, of the Township concerning the provision of roads; the installation of services and drainage. The Developer covenants and agrees that no work shall be performed on the said lands except in conformity with: 2.4.1 The provisions of this Agreement, including the Schedules herein after referred to. 2.4.2 The Plans and Specifications submitted to and accepted by the Township as being within its design criteria including, without limiting the generality of the foregoing, the Drawings listed in Schedule "C of this Agreement, along with the Stormwater Management Report dated October 17, 2011 prepared by Gemmell Engineering and stamped "ACCEPTED FOR CONSTRUCTION' by the Township Engineering Consultant on December 20, 2011. LIST OF DRAWINGS General Servicing Plan — West Half General Servicing Plan — East Half Erosion & Sediment Control Plan Erosion & Sediment Control Details Lot Grading Plan — West Half Lot Grading Plan — East Half Pre Development Storm Drainage Plan Post Development Storm Drainage Plan Stormwater Management Pond Plan and Profile – Best Court Plan and Profile – Best Court Plan and Profile - County Road 11 Plan and Profile - County Road 11 Street Lighting Layout and Specifications General Notes Standard Details Standard Details Standard Details Planting Plan (SWM Pond) Hydro One Plan "refer to Schedule C for list of drawings" 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 County of Simcoe 2.4.3.5 Nottawasaga Valley Conservation Authority Drawing No. GSP —1 GSP — 2 ESC - 1 ESC -2 LG -1 LG -2 STM — 1 STM 2 PND -1 PP 1 PP -2 PP -3 PP -4 SL -1 GNI SD -1 SD -2 SD -3 Fig.2 0338-10-200 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. 2.5 RELIANCE UPON REPRESENTATIONS The Developer acknowledges that: 2.5.1 It has made representation to the Township that it will complete all Municipal and other works required herein, in accordance with the Plans filed and accepted by the Township and others, and; 2.5.2 The Township has entered into this Agreement in reliance upon those representations. 2.6 SCHEDULES ATTACHED The following Schedules are attached to and form part of this Agreement: Schedule "A" - Description of Lands Affected by this Agreement Schedule "B" - Plan of Subdivision Schedule "C" - Works to be Constructed Schedule "D" - Itemized Estimate of Cost of Construction of Each Part of the Works Schedule "E" - List of Lots Requiring Special Attention Schedule "F" - Development Charges Schedule "G" - Deeds and Easements to be Conveyed Schedule "H" - Parkland Schedule "I" - Declaration of Progress and Completion Schedule "J" - General Location and Lot Grading Plans Schedule "K" - Standard Township Letter of Credit 2.7 SUBDIVISION CHANGES There shall be no changes in the Schedules attached hereto, or in any Plan accepted by the Township or others, unless such proposed changes have been submitted to, and approved by, the Township and the Township Engineering Consultant. 10 PART -3 REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT 3.1 Prior to the execution of this Subdivision Agreement by the Township, the Developer shall: 3.1.1 Taxes -have paid all Township tax bills issued and outstanding against the said lands. 3.1.2 Deeds and Easements - have delivered to the Township all transfers/deeds, 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, "F", and "H". 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. 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 County of Simcoe 3.1.11.5 Ministry of Citizenship, Culture and Recreation 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 11 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 Nottawasaga Valley Conservation Authority - file with the Township, a certificate from the Nottawasaga Valley Conservation Authority that the Developer shall carry out all the works and recommendations approved in all the reports required by the Nottawasaga Valley Conservation Authority. 12 o O PART -4 PRE -CONSTRUCTION REQUIREMENTS 4.1 Prior to starting construction of the subdivision works, the Developer shall: 4.1.0 Pre -servicing Obtain a pre -servicing agreement prior to registration. 4.1.1 Plan Registration Obtain final approval of the Plan from the Township of Oro-Medonte and obtain registration of the Plan. 4.1.2 Approval of Plans The Developer and the Engineers employed by him shall have the plans and specifications for the works approved by the Township Engineering Consultant prior to construction and the originals must be stamped as accepted by the Township Engineering Consultant. Submit and obtain the Township Engineering Consultant's approval of the following, all to be in accordance with the Township's approved Engineering Standards: i) the drainage plan; ii) the lot grading plan; iii) the service layout plan for Electrical, Telephone and Gas and Composite Utility Plan; iv) the road plans and profiles; v) landscape plans. 4.1.3 Environmental Compliance Approval Submit to the Township, the Ministry Certificate for Storm Sewer Works and 6826-8KLJD4 and dated September 7, 4.1.4 Contractor of the Environment's Environmental Compliance Stormwater Management Facilities under Number 2011. The said services shall be installed by a contractor or contractors retained by the Developer and approved, in writing, by the Township Engineering Consultant. The Township and Township Engineering Consultant are to be provided with the names and phone numbers of personnel responsible for the works, including emergency phone numbers. 4.1.5 Scheduling of Works Prior to the start of construction, the Developer shall supply for the Township Engineering Consultant, approval of a Schedule of Works, setting out the order in which he considers the various sections of the works within the Plan will be built. The Township Engineering Consultant may amend this Schedule and the Developer shall construct, install or perform the works as the Township Engineering Consultant, from time to time, may direct. In any event the Schedule, or amended Schedule, as the case may be, shall conform to the requirements of Clause 4.1.9. 4.1.6 Stormwater Management A stormwater management report shall be prepared by the Developer's Engineer for approval by the Township Engineering Consultant and the Nottawasaga Valley Conservation Authority, which details the means whereby stormwater drainage, will be accommodated and how erosion and siltation will be contained on site both during and following construction. This report must deal with post development stormwater quality and shall conform to Ministry of Environment Interim Stormwater Quality Guidelines. 4.1.7 Erosion and Siltation Control The Developer must take all necessary precautions to prevent erosion and sedimentation of 13 ditches, culverts, slopes, etc., both within the subdivision and downstream prior to and during construction and upon completion of servicing of the subdivision. Failing adequate precautions being taken, the Developer shall be responsible for correcting any damage and paying all maintenance costs resulting there from. A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's Engineer for approval by the Township Engineering Consultant and the Nottawasaga Valley Conservation Authority. Prior to any grading or construction commencing on the site or final approval and registration of the subdivision, the Developer's Engineer shall submit the Plan for approval by the Township Engineering Consultant and the Nottawasaga Valley Conservation Authority. The Plan shall detail the means whereby erosion, siltation, and their effects will be minimized on the site during and after the construction period. The Plan must deal with post development stormwater quality and shall conform to the Ministry of Environment/Ministry of Natural Resources Interim Stormwater Quality Guidelines. The Developer agrees to carry out, or cause to be carried out, the work approved in the Plan, and such work will be certified, in writing, by the Developer's Engineer and provided to the Township Engineering Consultant and the Nottawasaga Valley Conservation Authority /or Lake. The Developer agrees to maintain all erosion and siltation control devices in good repair during construction. 4.1.8 Signs Sign at least 1.2 metres by 1.8 metres shall be provided and erected by the Developer at the entrance to the subdivision, at a location approved by the Township Engineering Consultant, and the sign shall read as follows: "ROADS NOT ASSUMED BY TOWNSHIP - USE AT YOUR OWN RISK" The signs shall be painted either orange or yellow with black lettering. These signs shall be installed prior to the commencement of construction and be removed after the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services). 4.1.9 Notification of Commencement and Completion The Developer shall not commence the construction of any of the works until the Developer has provided forty-eight (48) hours written notice to the Township Engineering Consultant, of his intent to commence work. The Developer shall complete the works expeditiously and continuously for the first phase and all underground services shall be installed within one year of the day of registration of this Agreement, and all aboveground services shall be installed in accordance with the Declaration of Progress and Completion, as required under Clause 7.12 of this Agreement, but no longer than two years from the date of registration of this Agreement, unless extended by the Township Engineering Consultant. Subsequent phases shall be completed within a one (1) year time frame for underground services and two (2) years for aboveground services from date of commencement. Should for any reason there be a cessation or interruption of construction, the Developer shall provide forty-eight (48) hours written notice to the Township Engineering Consultant before work is resumed; If the municipal services to be constructed by the Developer under this Agreement are not completed and accepted by the Township within the above time frame, the Township may either; Give notice to the Developer to stop work on the said municipal services and to provide that no further work shall be done with respect to such services, until an amending Agreement, incorporating the standards, specifications and financial requirements of the Township, in effect as of that date, is executed by all parties; or Give notice to the Developer to stop work on the municipal services and inform the Developer that the Township proposes to realize on its security and proceed with the completion of construction in accordance with the provisions of the Plans filed with the Township. 14 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. 15 0 PART -5 FINANCIAL REQUIREMENTS 5.1 DEVELOPER'S EXPENSE 0 Every provision of this Agreement, by which the Developer is obligated in any way, shall be deemed to include the words "at the expense of the Developer" unless specifically stated otherwise. 5.2 TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS The Developer agrees to pay to the Township, the cost of the Township's lawyer and Planner for all costs involved in processing the subdivision and of the Township Engineering Consultant for checking of plans and specifications and inspection on behalf of the Township. The inspection by the Township will depend on the type of construction and the amount provided will be deemed necessary by the Township. In this regard, the Developer agrees to pay to the Township, the sum of TEN THOUSAND DOLLARS ($10,000.00) upon submitting a Plan to the Township for consideration to be applied to account of such costs. As accounts are received from the Township Planner, lawyer and Township Engineering Consultant, they will be paid by the Township and then submitted to the Developer for reimbursement within thirty (30) days, so that the initial deposit will again be built up to enable the Township to pay the next accounts as they are received. In the event that the deposit is drawn down to a level of FIVE THOUSAND DOLLARS ($5,000.00), or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer would be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. 5.3 DEVELOPER'S LIABILITIES Until the Township has issued the Certificate of Maintenance and Final Acceptance for the works, the Developer shall indemnify the Township against all actions, causes of action, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of the Developer undertaking the Plan, and the Township shall not be deemed to be the Developer. 5.4 UTILITY COSTS AND CHARGES The Developer shall deal directly with all Utility companies. The Developer or his Consulting Engineer shall obtain all approvals and permits and pay all fees and utility charges directly to the Utility until the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) are issued. If an additional electrical service is required for Township purposes, the Developer shall include the cost of installation and maintenance of the service. 5.5 DEVELOPMENT CHARGES, REAL PROPERTY TAXES AND OTHER LEVIES AND IMPOSTS a) Development charges and education development charges shall be payable on a per - lot basis prior to the issuance of the first Building Permit with respect to the particular lot. b) The Developer agrees to pay for all arrears of taxes or other Township or provincial charges, taxes or levies outstanding against the property herein described before the approval of the said Plan is obtained. The Developer further undertakes and agrees to pay taxes levied on the said lands, on the basis and in accordance with assessment and collector's roll entries until such time as the lands herein being subdivided have been assessed and entered on the Collector's Roll according to the Registered Plan. c) Before the Plan is approved, the Developer agrees to commute and pay the Township's share of any charges made under the Drainage Act and the 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. IC o 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 CASH IN LIEU OF PARKLAND In accordance with the provisions of Section 51.1 of the Planning Act, R.S.O. 1990 as amended, the Owner shall priorto final approval pay cash -in -lieu of parkland to the Township in the amount specified in Schedule "H" of this Agreement. 5.7 SECURITIES Prior to signing the Subdivision Agreement, the Developer will deposit with the Treasurer of the Township to cover the faithful performance of the contract for the installation of the said services and the payment of all obligations arising thereunder, the following securities: a) Cash in the amount of one -hundred percent (100%) of the estimated cost of the said work as approved by the Township Engineering Consultant and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "K" with an automatic renewal clause, in the amount of one hundred percent (100°/x) of the estimated costs of the said works, as set out in Schedule "D" and as approved by the Township Engineering Consultant. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, three (3) months prior to expiration. Unless the Letter of Credit is renewed as noted above, the Township shall have the absolute right to refuse to issue Building Permits and to prohibit occupancy of homes, whether partially or fully completed, from the said date, three (3) months prior to the expiration of the Letter of Credit, or the Township may cash the Letter of Credit until a satisfactory Letter(s) of Credit is received by the Township. c) Notwithstanding the provisions of subparagraphs (a) and (b) above, the estimated cost of the works, as set out in Schedule "D", will be reviewed and updated by the Township Engineering Consultant on each anniversary of the date of execution of this Agreement. In the event of an increase, the Developer shall provide additional security, as required by the Township Engineering Consultant, within thirty (30) days of notice, by registered mail, from the Township. In the event that the Developer fails to deliver to the Township the additional security as required by the Township Engineering Consultant, it is hereby understood and agreed that the Developer be deemed to be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Developer's Engineer shall submit an estimate of the cost of the works to the Township Engineering Consultant for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. In the event that the tendered contract price for the Township services set out in 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. 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 17 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 necessaryforthe Township to realize on its security or deposits, then the Township (its servants, agents or sub -contractors) shall, if the Township so elects, have the right and privilege at all times to enter upon the said lands for the purpose of repairing or completing any work or services required to be completed by the Developer under this Agreement. f) Exceeding Cost Estimates — if the cost of completing such work or service exceeds the amount of security held by the Township, such excess shall be paid by the Developer to the Township, thirty (30) days after invoicing by the Township. All overdue accounts shall bear interest at the rate of 12% per annum. g) Save Harmless — the Developer, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless the Township from and against any and all claims, suits, actions and demands whatsoever which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub -contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub -contractors. h) Construction Lien Act — if the Township becomes obligated to make any payments, or pay any costs under the provisions of Section 17(4) of the Construction Lien Act, this will constitute a default and entitle the Township to realize upon its security. I) Surplus Funds — in the event that the Township cashes a Letter of Credit to complete Township services or satisfy any obligations under this Agreement, any surplus monies that remain after this work is completed shall, upon full compliance by the Developer with the terms of this Agreement, be returned to the issuing financial institution for transmission to that party that took out the original Letter of Credit. 5.8 DISCHARGE OF SECURITIES 5.8.1 Estimated Cost of Works - after the completion of fifty percent (50%) of the services based on the total estimated cost of works in the subdivision or in an approved stage of the subdivision, and provided the Developer is in compliance with all aspects of the Subdivision Agreement, the Developer shall, as the work further proceeds to completion, have the privilege, on application to the Township and upon certification of the Township Engineering Consultant, of obtaining reductions of the cash or Letter of Credit deposited for the installation of the services, in increments of not less than ten percent (10%). Upon application for reduction of the securities, the Developer's Engineer shall provide an estimate of the cost to complete the work. The Township Engineering Consultant will review the submitted estimate, and then make a recommendation of the required amount to Township Council for their approval, and that amount shall be retained along with twenty percent (20%) of the completed work estimate and the remainder released. A further ten percent (10%) of the completed work estimate will be released upon satisfactory assurance to the Township that there are no liens pursuant to the Construction Lien Act affecting lands conveyed or to be conveyed to the Township within the Plan of Subdivision, pursuant to the terms of this Subdivision Agreement. 5.8.2 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 Engineering Consultant, the balance of the deposit shall be returned. 5.9 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 In Acceptance for the services within the subdivision, or upon applying for prior acceptance of the municipal underground services, he shall supply the Township with a Statutory Declaration that all accounts for work and materials for said services have been paid and that the Construction Lien Act has been complied with and that no liens thereunder have or can be registered, except normal guarantee holdbacks, and that there are or will be no claims for liens or otherwise in connection with such work done or materials supplied for or on behalf of the Developer in connection with the subdivision. 5.10 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. 5.11 INSURANCE CERTIFICATE AND POLICY 5.11.1 Policy of Insurance - the Developer shall lodge with the Township, on or prior to the execution of the Agreement, an insurance certificate with an insurance company satisfactory to the Township, (which said approval shall not be unreasonably withheld or delayed), and insuring for the joint benefit of the Developer, their agents and the Township and their agents, against any liability that may arise out of the construction or installation of any work to be performed pursuant to this Agreement and for a period of one (1) year after completion and acceptance of the Township services to be constructed herein. 5.11.2 Comprehensive General Liability/Environmental Impairment - such policy shall carry limits of liability in the amount to be specified by the Township, but in no event shall it be less than FIVE MILLION DOLLARS ($5,000,000.00) inclusive comprehensive general liability, environmental impairment liability in an amount not less than FIVE MILLION DOLLARS (5,000,000.00) and such policy shall contain: a) a cross -liability clause; b) product/completed operation coverage; c) shall not have an exclusion pertaining to blasting, provided that any blasting required to be done shall be done by an independent; d) shall include the following names as insured's: (i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 5.11.3 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. 5.11.4 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. 5.11.5 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. 5.11.6 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. 19 o PART -6 CONSTRUCTION REQUIREMENTS 6.1 SERVICING 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 anytime, and from time to time during the development of the subdivision, the Township Engineering Consultant is of the opinion that additional works are necessary to provide adequately any of the public services required by the Plan, the Developer shall construct, install or perform such additional works at the request of the Township Engineering Consultant. 6.2 CONSTRUCTION OF SERVICING 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. 6.3 ELECTRICAL, NATURAL GAS, TELEPHONE and CABLE TV UTILITIES 6.3.1 Any development in conjunction with the subdivision must not block vehicular access to any Hydro One, Natural Gas, Bell Telephone and Cable TV plant located on the right-of-way. 6.3.2 The Developer shall make arrangements satisfactory to Hydro One, Bell Telephone and Cable TV for the crossing of the Hydro One, Bell Telephone and Cable TV right-of-way by the proposed roads. A separate proposal shall be submitted to Hydro One, Natural Gas, Bell Telephone and Cable TV area offices for these future road crossings. 6.3.3 The cost of any relocations or revisions to Hydro One, Natural Gas, Bell Telephone and Cable TV plant which are necessary to accommodate this subdivision will be borne by the developer. 6.3.4 The easement rights of Hydro One, Natural Gas, Bell Telephone and Cable TV are to be protected and maintained. 6.4 PRESERVATION AND PLANTING OF TREES 6.4.1 The Developer shall preserve all healthy trees within the limits of the subdivision, where possible. If, in the opinion of the Township Engineering Consultant, indiscriminate removal of trees takes place within the limits of the Plan of Subdivision, including road allowances, parkland and individual lots, the Township shall have the option of having a Stop Work Order on construction of the services and/or building on a particular lot where the removal is taking place. Work will not be allowed to proceed until the Township is satisfied that the practice will not continue and the Developer/Builder agrees to carry out remedial work requested by the Township. The Developer agrees to provide a copy of this clause to each and every prospective builder/prospective purchaser. 6.4.2 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 planting to protect the wetland and fisheries resources where natural vegetation on the buffer does not exist or is insufficient to provide an adequate vegetation buffer for approval by the Township and the Ministry of Natural Resources and Forestry. In addition, the tree -planting plan shall require planting of up to three 2.4 metre or taller hardwood trees on those lots not having any tree cover. 20 6.4.3 The Developer shall plant two (2) 2.4 metre, or taller, hardwood trees of a minimum of 50mm caliper on each lot having less than three (3) trees in the front yard(s), if required by the Township. A minimum of 2 trees shall be placed along the flankage side of each corner lot. The type of trees must be satisfactory to the Township. 6.5 MOVEMENT OF FILL The Developer covenants and agrees that he shall not dump, nor permit to be dumped, any fill or debris on, nor shall he remove or permit to be removed, any fill, topsoil, trees or shrubs from any public or Municipal lands, without the written consent of the Township Engineering Consultant. 6.6 DAMAGE TO EXISTING PLANT The Developer shall repair any damages caused to an existing road, road allowance or existing structure or plant located on the road allowance as a result of the subdivision development and shall pay for any costs involved in the relocation of existing services, such as hydrants, telephone poles, etc., which may become necessary because of the development of the subdivision. In this regard, the Developer's Engineer shall arrange for an inspection with the Township Transportation Department and Township Engineering Consultant for the purpose of compiling an inventory of existing conditions prior to work on the subdivision. Otherwise, the Township Transportation Department's assessment of conditions prior to construction will be final. 6.7 DUST CONTROL Until the Certificate of Substantial Completion and Acceptance (Aboveground Works) has been issued, the Developer shall apply calcium or other Ministry of the Environment approved dust suppressant to the roads within the subdivision and/or utilized by construction traffic, in quantities sufficient to prevent any dust problem to traffic or home occupants, to the satisfaction of the Township Engineering Consultant. If the Developer has not taken remedial action within twenty-four (24) hours of receiving a written notification (via facsimile and /or email) from the Township and/or Township Engineering Consultant regarding a dust control problem, then the Township and/or Township Engineering Consultant, at their sole discretion, shall employ outside forces to implement, at the Developer's expense, a suitable measure of dust control. 6.8 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. 6.9 INSPECTION OF CONSTRUCTION OF SERVICES During construction of the services, the Township may inspect the work in hand at such times and with such duration and frequency as the nature of the type of construction may dictate. Subject to the obligations of the Township Engineering Consultant to protect the interests of the Township through such inspections, every effort will be made to keep duplication of engineering services on site to a minimum. If, during such inspections, the Township Engineering Consultant perceives that construction, whether by method or otherwise, constitutes an immediate danger to life or property, or construction does not conform to acceptable practice in order to meet the requirements for services, he will have the authority to cease construction operations by verbal notice to the contractor and/or the Developer's Engineer, such notice to be confirmed, in writing, as soon as possible, thereafter. A copy of this clause shall be delivered by the Developer to each and every contractor engaged in construction of services for the subdivision. 6.10 DECLARATION OF PROGRESS AND COMPLETION 6.10.1 Prior to the approval of the municipal underground services, the Developer shall provide the 21 Township Engineering Consultant with an undertaking for the completion dates of all remaining works required by this Agreement and in a form similar to that attached to this Agreement as Schedule "I", the Declaration of Progress and Completion, for approval of the Township Engineering Consultant. The Township reserves the right to alter the completion dates, if the timelines are considered to be inappropriate, and the Developer agrees to complete the services within the revised completion dates. 6.10.2 It is understood and agreed that should the Developer fail to construct the remaining services, as stipulated, and by such dates as provided in the Declaration, the Developer shall pay to the Township, as pre -determined liquidated damages, the sum of TWO HUNDRED DOLLARS ($200.00) for each and every day the said services are behind schedule of construction, and NO FURTHER BUILDING PERMITS SHALL BE ISSUED. 6.10.3 The Township recognizes that top lift asphalt cannot be placed until 70% of the lots have completed dwellings, and that should not be altered by the Township. 6.11 PROGRESS OF WORKS After the completion of the underground services, the Developer shall complete the Declaration of Progress and Completion for the approval of the Township Engineering Consultant and from that date, the said Declaration shall apply and take precedence over Clause 4.1.5. Prior to signing the Declaration of Progress and Completion, the Developer shall install all works in accordance with the Schedule of Works or as directed by the Township Engineering Consultant. If he fails to adhere to the scheduling provisions outlined in the Schedule of Works or the Declaration, or having commenced to install the aforesaid works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works are not being installed in the manner required by the Township Engineering Consultant, then upon the Township Engineering Consultant giving seven (7) days written notice by prepaid registered mail to the Developer, the Township Engineering Consultant may, without further notice, enter upon the said land and proceed to supply all materials and to do all necessary works in connection with the installation of the said works, including the repair or reconstruction of faulty work and the replacement of materials not in accordance with the specifications, and to charge the costs thereof, together with an Engineering fee of ten percent (10%) of the cost of such materials and works to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Township within thirty (30) days of the date on the bill, the money owing may be deducted from the cash deposit or Letters of Credit. It is understood and agreed between the parties hereto that such entry upon the land shall be as agent for the Developer, and shall not be deemed for any purpose whatsoever, as an acceptance or assumption of the said works by the Township. The Township, in addition to all other remedies it may have, may refuse to issue Building Permits until such works are completely installed in accordance with the requirements of the Township Engineering Consultant. It is agreed that a copy of this clause be delivered by the Developer to each and every builder obtaining a Building Permit for any lot or part of a lot on the said Plan. 6.12 SUBSTANTIAL COMPLETION OF SERVICING WORKS It is intended that the storm sewer system will be constructed, inspected and approved in accordance with the wording contained in this Agreement. Building Permits will not be issued until the Township Engineering Consultant has given the Certificate of Substantial Completion and Acceptance (Municipal Underground Services). The two (2) year maintenance period for the underground services will commence when this Certificate is issued. During the maintenance periods, the Developer shall be responsible for the normal operation and maintenance and all repairs for the services noted in the Certificates. If, during the two (2) year maintenance period, the Developer fails to carry out rectification and repair work as requested by the Township, then the Township may carry out the work and be reimbursed the cost of the work from the Developer's securities, as set out under Clause 9.3 and 9.4. 22 Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Final Certificate of Occupancy have been issued. The Developer shall be responsible for the normal operation, maintenance and all repairs of the services, in this case. 6.13 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. 6.14 USE OF WORKS BY TOWNSHIP The Developer agrees that: I. The works maybe 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. 6.15 DRAINAGE AND LOT GRADING All lots and blocks within the Plan and all lands abutting the Plan shall be graded to drain in accordance with the Lot Grading Plans West Half LG -1 and East Half LG -2 prepared by Gemmell Engineering, and approved by the Township 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 Engineering Consultant. It is understood and agreed by the parties hereto that drainage of surface water on the lots and blocks on the Plan is the sole responsibility of the respective lot owners once the required drainage works have been constructed by the Developer. The storm swales shall be landscaped and maintained by all subsequent lot owners. The purpose of the storm swales is to accommodate storm drainage waters from the subject lot and adjacent lands. No lot owner in the subdivision shall encumber or impede storm drainage in any manner whatsoever. In the event that the Developer, or any subsequent lot owner, obstructs, impedes, or interferes with the storm drainage flow through any part of the storm swale, or interferes with the acceptance of water from any connecting swales, then the Township shall have the right, if it so elects, to enter upon the subject lands to rectify such problems so that the swales can serve their original purpose. Within the swale area, the Developer, and any subsequent lot owner, shall not construct any works, remove, or permit to be removed, any soil from the said swale/easement, excavate, drill, install, erect, or permit to be excavated, drilled, installed or erected in, over, upon, under orthrough 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. 23 0 0 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 a satisfactory drainage outlet, and will be in accordance with the Storm Drainage Plans STM -1 and STM -2, Plan and Profile Drawings PP -1 to PP -4, Stormwater Management Pond drawing PND -1 by Gemmell Engineering and approved by the Township Engineering Consultant and the Township. 6.16 PARKLAND WORKS (WALKWAY ETC.) 6.17 All parkland (drainage, walkway and open space blocks) works indicated on the Landscape drawings are to be constructed in accordance with Section 14 — Park requirements of the Township of Oro-Medonte Engineering Standards and drawings. The parkland works must be completed to the satisfaction of the Township prior to the issuance of 50% of the total Building Permits allowed in the subdivision. For the purposes of this Subdivision Agreement: (i) The tern "Underground Services" shall mean the storm drainage works (including culverts, storm sewer, detention pond); waterworks (including piping, valves, fire hydrants, services to lots, sample station, and PVRs); underground electrical distribution system; and street lighting serving the Plan of Subdivision, as more particularly described in Schedule "C" to this Subdivision Agreement. (ii) 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. (iii) The term "Certificate of Substantial Completion and Acceptance (Municipal Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineering Consultant confirming that the Municipal Underground Services to be installed by the Developer under the provisions of this Subdivision Agreement, as more particularly identified in Schedule "C, have been substantially completed in accordance with plans and specifications reviewed and accepted by the Township Engineering Consultant. The issuance of a Certificate of Substantial Completion and Acceptance (Municipal Underground Services) shall not constitute an assumption of the Municipal Underground Services by the Township. (iv) The term "Certificate of Maintenance and Final Acceptance (Municipal Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineering Consultant confirming that the Municipal Underground Services constructed by the Developer, in accordance with the terms of this Subdivision Agreement, and as more particularly identified in Schedule "C, have been satisfactorily completed and maintained by the Developer during the two-year (2) maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Municipal Underground Services by the Township. The term "Certificate of Substantial Completion and Acceptance (Aboveground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineering Consultant confirming that the Aboveground Services to be installed by the Developer under the provisions of this Subdivision Agreement, as more particularly identified in Schedule "C, have been substantially completed, in accordance with plans and specifications reviewed and accepted by the Township Engineering Consultant. The issuance of a Certificate of Substantial Completion and Acceptance (Aboveground Services) shall constitute an assumption of the Aboveground Services by the Township for winter maintenance only. The term "Certificate of Maintenance and Final Acceptance (Aboveground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township 24 Engineering Consultant confirming that the Aboveground Services constructed by the Developer in accordance with the terms of this Subdivision Agreement, and as more particularly identified in Schedule "C, have been satisfactorily completed and maintained by the Developer during the two-year (2) maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Aboveground Services by the Township. 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. 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. 25 PART — 7 BUILDING AND SEWAGE SYSTEM PERMITS AND OCCUPANCY 7.1 OVERALL LOT DEVELOPMENT PLAN & INDIVIDUAL SITE PLANS 7.1.1 The Developer further agrees that he or any person, persons, or Corporation claiming title through the Developer, will not apply for a Building or Sewage System Permit for any part or portion of the said lands or on any lot therein, and no Building or Sewage Permit shall be issued until a Certificate of Substantial Completion and Acceptance (municipal underground service) has been issued. 7.1.2 The Developer's Engineer shall prepare an Overall Lot Development Plan for approval by the Township and/or Township Engineer Consultant and the Nottawasaga Valley Conservation Authority as a further requirement to Clause 6.15. The Plan shall include the following: LG -1 and LG -2. a) envelopes for the proposed house and any adjacent structures on each lot. b) existing and proposed grades of the disturbed area of lot after building, drainage and sewage works have been completed. c) existing and proposed grades on lot corners and mid -lot elevation. d) location and type of proposed water supply. 7.1.3 The Developer agrees to advise all prospective lot developers that prior to a Building or Sewage System permit being issued a detailed individual site plan including methods of stormwater storage and sewage effluent disposal shall be prepared for each lot by the Developer's Engineer and approved by the Township and/or the Township Engineering Consultant. The individual site plan shall show the building and tile bed location (if applicable) and elevations, all exterior lot grading and drainage works complete with elevations and landscaping. 7.1.4 Individual Lot Owners will be required to obtain the services of a qualified professional consultant to prepare the Individual Site Plan to the satisfaction of the Township prior to the issuance of a building or sewage system permit. The Individual Site Plan shall include, at a minimum: a) the location of the proposed building, driveway and any other structures on the lot. b) the lot area, building area including decks, stairs, and landings, percentage of coverage and allowance and actual setbacks, including zoning of lot, in a metric scale (all in chart form). c) the proposed building with lot, Registered Plan number, and municipal address (911 number). d) the elevation of the underside of footing, top of foundation wall, and all floor levels of the dwelling and other structures. e) the location, size and elevation of the sewage system, all engineering design criteria and standards pertaining thereto, shall be provided. f) the existing and proposed grades of the disturbed area on the lot after building, drainage and sewage works have been completed including lot corners, mid -lot, and at corners of dwelling. g) the location and grades of any proposed drainage swales. h) the consultant 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. i) the consultant 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. 7.1.5 The Developer further agrees to construct all works required under Clause 6.15, and as shown on the approved General Servicing Plan GSP-1 and GSP-2, Storm Drainage Plans STM -1 to STM -2, Lot Grading Plans LG -1 to LG -2, Plan and Profile Drawings PP -1 to PP - 4, Stormwater Management Pond drawing PND-1,Erosiion and Sediment Control Plan drawings ESC -1 and ESC -2, Street Lighting Layout and Specifications SL -1, General Notes GN-, Standard Details SD -1 through SD -3, SWM Planting Plan Fig. 2, prepared by Gemmell Engineering to the satisfaction of the Township and the Township Engineering Consultant. 26 7.1.6 The Developer further agrees to advise all prospective lot owners of the requirements that it may be necessary for the sewage system to be installed prior to construction of the home, subsequent to the issuance of a Sewage System Permit. 7.2 REQUIREMENTS FOR BUILDING PERMITS The Developer acknowledges and agrees that final approval or registration of the Plan approval by the Township, or the acceptance by the Township of the works set out in this Agreement shall not be deemed to give any assurance that Building Permits, when applied for, will be issued in respect of the lots or blocks shown on the Plan. The Township reserves the right to withhold building permits until the requirements of this Agreement, and all other requirements of all relevant agencies, have been completed to the satisfaction of each agency, and the Township has been notified in writing of satisfaction of these items by the relevant agency. The Developer and Township agree that no building permits shall be applied for nor issued by the Township for permitted uses as set out in the Township of Oro-Medonte Zoning By- law 97-95, as amended, until the Township is satisfied that adequate road access, and storm drainage facilities are available to service the Plan in addition to all other requirements set out in Section 7 herein. Despite the foregoing and despite the provisions of the Building code Act, R.S.O. 1990, c.B.13, the Developer understands and agrees that no building permits will be issued until all of the requirements of this Agreement and specifically this Section, have been met. For the purposes of the Building Code Act, R.S.O. 1990, c.B.13, the Parties hereby agree that the requirements of this Agreement, including specifically this Section, shall constitute "applicable law". Notwithstanding the foregoing, no Building Permits will be given and the Chief Building Official may refuse any application until: (i) The submission of all provincial and municipal approvals; (ii) Sewage system approval has been obtained from the Township. (iii) The Certificate of Substantial Completion and Acceptance for the Municipal Underground Works has been issued by the Township; and the submission of the completed Declaration of Progress and Completion (Schedule "I"). (iv) Plans for remaining underground services such as Bell Telephone, Electricity or Natural Gas have been approved and the required Composite Utility Plan has been approved by the Township. (v) A "Builders" road completed up to an including base coarse asphalt, has been constructed on the road providing access to the lot in accordance with the Township's Engineering Standards to the satisfaction of the Township. (vi) Approval of the Township Engineering Consultant has been obtained for the construction of any buildings to be erected on lots or blocks listed in Schedule "E" hereto. (vii) Signs denoting "ROAD NOT ASSUMED BY TOWNSHIP — USE AT YOUR OWN RISK' have been installed at the entrances to the subdivision in a location acceptable to the Township, in accordance with Clause 4.1.8. (viii) A Certificate Letter and Lot Development Plan has been given by the Developer's Consulting Engineer or a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building to be erected on any lot or block within the Plan, for which a Building Permit has been applied for, is in conformity with the General Location and Overall Lot Grading Plans, or has received the approval of the Township Engineering Consultant with respect to any variance to the Overall Lot Development Plan. 27 The individual Lot Development Plan must be approved by the Township and/or Township Engineering Consultant prior to the issuance of a Building Permit. (ix) All dead trees within the limit of the Plan have been removed. (x) Arrangements have been made and approved by the Township for Municipal Address System numbering, as set out in Clause 7.5. (xi) The Traffic and Street Name signs have been installed and approved by the Township. (xii) Payment of Development Charges Fees and other applicable levies. (xiii) Payment of lot grading deposit of one thousand dollars ($1000.00) per lot. 7.3 LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL ATTENTION Any lot, which will require special attention in order to be serviced, will be listed on Schedule "E" of this Agreement. Prior to the issuance of a Building Permit for any lot listed in Schedule "E", the Developer's Engineer must submit a letter to the Township Engineering Consultant outlining the measures to be taken to correct the problems on the lot. This proposal must be approved prior to applying for a Building Permit. 7.4 CONFORMITY WITH GRADING Prior to issuance of a building permit for any lot on the Plan, an Individual Site Plan is required to be approved by the Township in accordance with Section 7.1. The Individual Site Plan will indicate the proposed building and lot, municipal address, and elevation of the top of foundation wall and shall be in compliance with the Overall Lot Grading Plan for the subdivision. Any variance to the Overall Lot Grading Plan must receive approval from the Township Engineering Consultant, the Conservation Authority of jurisdiction, and where area tile bed systems are involved, the Township. The Developer agrees that each building permit will be issued on the condition that no construction of any building will proceed beyond the completion of the footing and then the foundation wall until the Developer has provided the Township's Chief Building Official with a certificate from the Developer's Engineer certifying that the elevation of the underside of the footings and then the top of the constructed foundation wall of the building conforms to the elevation shown on the Individual Site Plan and complies with the Overall Lot Grading Plan. Any variance shall require the approval of the Township and/or Township Engineering Consultant. 7.5 MUNICIPAL ADDRESS SYSTEM The Developer's Engineer shall be responsible for obtaining the municipal address system numbers for each and every lot from the Municipal Office and including on the final approved engineering drawings. As a further requirement, in order to obtain a Provisional Certificate of Occupancy, the Developer and/or builder or lot owner, shall install the aforementioned number at a location approved by the Township. The Developer agrees to provide a copy of this clause to each and every builder or lot owner in advance of the sale of such lot(s). 7.6 REQUIREMENTS FOR OCCUPANCY 7.6.1 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. 7.6.2 A FINAL CERTIFICATE OF OCCUPANCY will not be issued until: (i) The roadway has received the granular road base materials full depth and the base course of asphalt. 0 7.7 7.8 (ii) The underground electrical, telephone lines, gas mains and streetlights have been installed, and are approved by the Township Engineering Consultant; all these utilities have been energized. (iii) A Certificate Letter and individual Lot Development Plan have been given by the Developer's Consulting Engineer, or a Professional Engineer registered with the Association of Professional Engineers of Ontario, indicating that the building constructed, and the final grading of the lot or block, is in conformity with the General Location and Lot Grading Plans, or such variance there from has been approved by the Township Engineering Consultant. The final grading on the individual Lot Development Plan must be approved by the Township Engineering Consultant prior to the issuance of a FINAL CERTIFICATE OF OCCUPANCY. FINAL CERTIFICATE OF OCCUPANCY means a permit issued when all outstanding items on a Provisional Certificate of Occupancy, including grading, have been completed. (iv) The trees have been planted on the lot by the Developer in accordance with Clause 6.4. (v) 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. OCCUPANCY LIQUIDATED DAMAGES Notwithstanding the above, if for any reason whatsoever, occupancy of any building occurs before the vital services listed in Clause 8.6 are installed to the home occupied to the satisfaction of the Township Engineering Consultant, then the Developer agrees to pay to the Township, liquidated damages in the amount of TWO HUNDRED DOLLARS ($200.00), per dwelling, per day, to cover the additional costs of administration, inspection and fire protection, etc. The liquidated damages to commence at and include the date of occupancy and end when the Developer obtains a certificate from the Township Engineering Consultant 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. REQUIREMENTS FOR WINTER OCCUPANCY Should the Developer require Occupancy between October 1 and April 15, then the final lot grading shall be completed by the following July 15. Should the Developer require Occupancy between April 15 and October 1, the final lot grading shall be completed within three months of Provisional Occupancy. In addition, if the final lot grading is not completed prior to Occupancy, the Developer's Engineer shall provide the certification that the lots requesting Occupancy have a base grade, swales, and all slopes are graded to conform to the Overall Lot Grading Plan and minimum engineering design standards. The Developer agrees that if the final lot grading has not been completed within the aforementioned time lines, the Township will immediately proceed to have the final lot grading completed at the Developer's expense. Further, it is agreed by the Developer that the lot grading security deposit will not be reduced until the Township and/or Township Engineering Consultant is satisfied including having completed a site inspection and a Lot Grading Certification from the Developer's Engineer has been received. M MAINTENANCE AND ACCEPTANCE 8.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES On receipt of the Developer's request for a final inspection of the municipal underground services, the Township Engineering Consultant will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) be issued. It should be noted that the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) can be applied for by the Developer two (2) years after the receipt of the Certificate of Substantial Completion and Acceptance (Municipal Underground Services). Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Final Certificate of Occupancy have been issued. The Developer shall be responsible for the maintenance and all repairs of the services, in this case. The Developer will be responsible for these operation costs until the Township has assumed the responsibility of these services. 8.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES The Surface Lift of Asphalt for the subdivision roads cannot be placed until 50% of the lots have completed dwellings. When all of the services have been completed, including the surface lift of asphalt in accordance with this Agreement or in a particular stage, the Township Engineering Consultant and the Township Transportation Department shall make an inspection to ensure that the Township will accept the road system. The Township Engineering Consultant shall issue a Certificate of Substantial Completion and Acceptance (Aboveground Services) when the works are accepted by the Township. This Certificate may contain a list of minor deficiencies, which have to be corrected by the Developer, but which are not considered of sufficient importance to delay the issuance of the Certificate and the acceptance of the services by the Township. The two (2) year maintenance period will commence when the Township approves the issuance of the Certificate. 8.3 MAINTENANCE OF SERVICING WORKS The Developer will be responsible for the repair and maintenance of all the subdivision services for a period of two (2) years from the date the Township approves the Certificate of Substantial Completion and Acceptance. This shall be called the Maintenance Period. The maintenance shall include the maintaining and mowing of grass within the road allowances, as well as the parkland area, if provided, on a regular basis. 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 Developerfails to carry out maintenance work within forty-eight (48) hours after receipt of a request from the Township, then the Township Engineering Consultant may, without further notice, arrange for others to undertake such maintenance work and the total cost of such work, including Engineering fees, shall be borne by the Developer. If the Developer fails to pay the Township within thirty (30) days of the date of billing, then the money owing may be deducted from the cash deposit or Letter of Credit. During the maintenance period, ten percent (10%) of the original estimated cost of the works shall be retained by the Township. Towards the end of the maintenance period, the Developer shall make written request to the Township for a final inspection to be made and notwithstanding the two (2) year period noted above, the maintenance period will continue for the original two (2) years, 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. W 8.4 8.5 W I Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and the Final Certificates of Occupancy have been issued. The Developer shall be responsible for the maintenance and all repairs of the services, in this case. WINTER ROAD MAINTENANCE An exception to the liability of the Developer for all maintenance and repair of the services during the two (2) year maintenance period will be winter control, which operation will be the Township's responsibility after the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services). Winter control shall include snow plowing, sanding and any other winter maintenance operations. It is agreed by the Developer that the winter control operations shall not prejudice the Township's rights to enforce the maintenance provisions. Prior to the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services) however, the Developer shall be responsible for the winter control also. In the event that proper vehicular access or winter control is not provided by the Developer, the Township, through its servants, contractors, or agents, may provide without notice to the Developer. Such winter control shall be only carried out at times deemed to be an emergency by the Township 's Operations Department. All costs of such work shall be paid by the Developer within thirty (30) days of the date of billing or otherwise may be deducted from the cash deposit or Letter of Credit. The cost of such works to be at the following rates: Machinery and Equipment $50.00/hr. Labour $25.80/hr. Mixed Sand and Salt $11.47/tonne Payroll Burden -48% Administration -7% H.S.T. -13% The Township may adjust these rates from time to time. The Developer further agrees that any work done by the Township pursuant to this Agreement before the roads are accepted by the Township, shall not be deemed in any way to be an acceptance by the Township of the roads in the said subdivision upon which such work is done. The Developer acknowledges that the Township, whilst providing winter control, may damage or interfere with the works of the Developer and covenants that he will make no claims against the Township for such interference or damage, providing the work is carried out in a normal and reasonable manner. 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. FINAL ACCEPTANCE OF ABOVEGROUND SERVICES Upon receipt of the Developer's request for a final inspection of the Aboveground Services, the Township and/or the Township Engineering Consultant will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance be issued. 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. 31 8.7 RELEASE OF LAND The Developer, when not in default of the Subdivision Agreement to provide the requisite public services to the lands, shall be entitled to an effective release in a form suitable for registration in the Land Registry Office for each lot or block, which is in conformity with the overall Grading Plan for the lands or such variance there from as has been approved by the Township Engineering Consultant. Every such release shall operate as a discharge of all levies hereunder by the Township in respect to each lot or block described in the release, with the exception of the responsibility for drainage as outlined in Clause 9.8 and the completion and maintenance of the services. 8.8 DRAINAGE -RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT OWNERS It is understood and agreed that the drainage of surface waters upon and from the said lands shall remain the sole responsibility of the Developer and once assumed the subsequent owners, from time to time, of the lots or blocks within the Plan of Subdivision. The Developer and then subsequent owners of the lots or blocks within the Plan of Subdivision, from time to time, shall provide and maintain adequate drainage of surface waters across and from the said lands in accordance with the provisions of Clause 7.17 of this Subdivision Agreement. The Developer agrees to provide a copy of this Clause 9.8 and Clause 7.17 to each and every prospective builder/prospective purchaser of a lot or block within the Plan of Subdivision. The Developer and then subsequent owners, from time to time, of any lot or block within the Plan of Subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the Developer and then subsequent lot owner(s). Any invoices not paid within thirty (30) days after due date, shall be added to the tax roll and collected in a like manner as realty taxes as per Section 446 of the Municipal Act, 2001. 32 0 9.1 DEFAULT PROVISIONS 0 PART —9 - DEFAULT PROVISIONS Notwithstanding anything herein before contained in this Subdivision Agreement, and in addition to any other remedies, when the Developer is deemed by the Township to be in default of this Agreement, the Township reserves the right to realize upon any securities deposited on or on behalf of the Developer to recover costs incurred by the Township, in accordance with the provisions of Section 5.6 of this Subdivision Agreement, and/or to restrict or refuse issuance of Building Permits and/or the Final Certificate of Occupancy, and the Developer agrees not to apply for any Building Permits or the Final Certificate of Occupancy for lots or blocks within the Plan of Subdivision, until such time as the Developer is in full compliance with the provisions of this Subdivision Agreement. 9.2 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. 9.3 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. 9.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP The Developer further agrees that all costs, charges or expenses incurred by the Township in satisfying the obligations of the Developer in the event of default of the Developer under the terms of this Subdivision Agreement, together with any costs, charges or expenses incurred by the Township in enforcing the obligations of the Developer under this Agreement, shall be a first charge or lien against the said lands in accordance with the provisions of Section 446 of the Municipal Act, 2001. IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested to by the proper signing officers. SIGNED, SEALED AND DELIVERED this 'N day of June, 2017. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per H..S. Hu es Title_ Mayor Per Y Q anette Teeter Title_ Deputy Clerk 2479283 ONTARIO INC. Per Title S N 33� 0 SCHEDULE"A" M NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO INC. DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the Township of Oro-Medonte (formerly Township of Oro), in the County of Simcoe, and being composed of the whole of the lands described as follows: Plan of Subdivision of Part West Half of Lot 11, Concession 5 (Oro), Part 1, 51 R37405 Except Part 1, 5111137585; Township of Oro-Medonte (formerly the Township of Oro), County of Simcoe, PIN 58541-0072 (LT) 34 C SCHEDULE"B" M NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO INC. PLAN OF SUBDIVISION Lots 1 to 14 51-M 35 C SCHEDULE"C" C NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO INC. WORKS TO BE CONSTRUCTED Construction of storm sewers and appurtenances, watermains and appurtenances, including service connections, all road works, including curbs and gutters in accordance with the approved Engineering Drawings to service the Whispering Creek subdivision (2479283 Ontario Inc.) in the Township of Oro-Medonte. LIST OF DRAWINGS Description Drawing No. General Servicing Plan — West Half GSP —1 General Servicing Plan — East Half GSP — 2 Erosion & Sediment Control Plan ESC - 1 Erosion & Sediment Control Details ESC - 2 Lot Grading Plan — West Half LG - 1 Lot Grading Plan — East Half LG - 2 Pre Development Storm Drainage Plan STM —1 Post Development Storm Drainage Plan STM 2 Stormwater Management Pond PND - 1 Plan and Profile – Best Court PP 1 Plan and Profile – Best Court PP -2 Plan and Profile - County Road 11 PP -3 Plan and Profile - County Road 11 PP -4 Street Lighting Layout and Specifications SL -1 General Notes GN 1 Standard Details SD -1 Standard Details SD -2 Standard Details SD -3 Planting Plan (SWM Pond) Fig.2 Hydro One Plan 0338-10-200 Note: The aforementioned drawings were stamped "Accepted for Construction" by AECOM, the Township Engineering Consultant on December 20, 2011. 36 N SCHEDULE "D" N u NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 Ontario Inc. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS: The following list summarizes the cost estimate of the major works but is not necessarily inclusive: A) Site Works including Mud Mat, 9 -Strand Post and Wire Fencing, silt fencing, straw bale check dams, rock check dams, cur -off swales, and rear yard berm at Lots 1 to 7 c/w topsoil & seed and mulch B) Storm Drainage works complete including inlet works, concrete cable mat, SWM Pond, topsoil & seeding pond, control devices, pipes, manholes, headwalls, fencing and gates,access road and landscaping Original Remaining Completed Outstanding Work Work $37,250.00 $3,000.00 $34,250.00 $126,860.00 $28,275.00 $98,585.00 C) Roadway construction complete including excavation, Granular B, Granular A, Concrete curb and gutter, subdrains, topsoil/seed boulevards, and two lifts of asphalt.....................................................................$143,160.00 $31,500.00 $111,660.00 C) Miscellaneous items such as emergency access road, fencing, community mailbox layby, County Road 11 Road Works, street & regulatory signs, tree plantings $77,525.00 $42,590.00 $34,935.00 D) Electrical Supply including street lights and power pedestal...................................................................................$38,500.00 $0.00 $38,500.00 SUB -TOTAL $423,295.00 $105,365.00 $317,930.00 E) 10% Allowance for Engineering and Supervision $42,329.50 $10,536.50 $31,793.00 TOTAL $465,624.50 $115,901.50 $349,723.00 13°/0 HST $60,531.19 $15,067.20 $17,486.15 TOTAL COST $526,155.69 $130,968.70 $367,209.15 LETTER OF CREDIT REQUIRED FOR SUBDIVISION AGREEMENT • Remaining Outstanding Work 10% of Completed Work SECURITIES RETAINED BY TOWNSHIP 37 $130,968.70 $36,720.92 $167,689.61 5 TOWNSHIP OF ORO-MEDONTE WHISPERING CREEK ESTATES SUBDIVISION LETTER OF CREDIT SUMMARY Item i\o. - DESCRIPTIO\ QUANTITIES, UNIT PRICES 8 AMOUNT FORWORSS VALVE OF THE WORK CO3IPLETED ATSIOS AGREEMENT CO\IPLETED A"lIOL1T /. COMPLETE QtiA\TiTl UP'IF LITIPRICE AllOLlT PRE\ -!Otis CLRREAT TO DATE A SECTION "A" SIZE BORES A01 Installllndlibt 1.0 ea 57.000.00 54.000.00 $0.00 S4.0DD.00 $4.000.00 ri 54.000.00 100'/. A02 Install 9 -tad pact and wire inchdm85Ler fabtic 850 m $15.00 512,750.00 $0.00 $12,750.00 512,750.00 SI2,75D.DO 100/. A-03 Insbllt-baaandwireferceineludin5file¢ fabric 150 m 515.0D $2250.00 $0.00 52.250.00 S225D.00 52,250.00 100/. A04 lnstall straw bale cheak dam 3 ea s500. -OD $1,500.00 $0.00 S1,500.00 SI.50D.00 S1,500.00 100/. A05 Imlallrock cheek dam 1 ea 750.00 750.00 0.00 750.00 .00750.00 100/. A06 lCtrtaffmales 1 L.S. $6.000.00 S6.000.00 $0.00 56.000.00 56000.00 $0.00 S6.000.00 100/. A07 I Rear Yard Beim on Lar l-7;o4-Topsoil&Seed and Mulch I LS. S10,000.0D 510.000.00 $0.00 S7,D00.00 57,000.00 S3.00D.00 57,000.00 70/. St' -TOTAL-Seetioa"A" 537:50.00 1 53000.00 534:40.00 B SECTIO\"B" S733fPoA7) B.Ol Sopplyand imbB 150ram Dia.CS?rithaodmtlratL 1 u $1,200.00 $1,200.00 $0.00 S1,20D.00 51,200.00 SO.OD 51:00.00 100% B.02 CcnzbudpoMinktsmlesinclnd'm6rip-r2p. 115 ma 56200 $7,130.00 50.00 S7,130.00 57,130.00 SO.OD 57,130.00 100'/. B.03 SuppIv=aiRstaIlCOnc,,te CableMat(CC-G2) 85 ma $98.00 $8,330.00 50.00 58,330.00 58,330.00 60.00 SS,330.DO 100/. B.03 Smeen&place topsoil is SUT Pmd; &seed and mulch 3,125 0 3.00 $9.375.00 $0.00 57,500.00 7,500.001,875.00 , 0.00 80/. B.DS 1.8m chain-liulc fence x SRll Pond tack cmvl cortin 325 all S63.0D 522100.00 $0.00 $22.100.00 S22.10D.00 $0.00 $22100.00 100/. B.06 Swply aW innaB 2.3.0m acce•.s ptes. at S%%l Pd 2 ea 51.000.00 S2.000.OD $0.00 51.000.00 51.000.00 SI.00D.00 51.000.00 50/. B.07 SupplyaW imtallbickenbottom drain. 1 ea $4,500.0D 57,500.00 SO.00 $4,500.00 54,500.00 $0.00 S4,500.DO 100/. B.08 Supp! and install 1500 am Dia. Coamlhlanhole. 2 ea $5,500.00 S11,000.0D $0.00 511,000.00 $11,000.00 $0.00 $11000.00 lov/ B.69 SuWy and install 375® Dia. PVC Aarmpipe. 5 m 5185.00 5925.00 $D.DD $925.00 S925.D0 50.00 $925.00 100% $10 S va dinstall 525®Dia. Cora. storm pi 20 m 6250.00 55.000.00 $0.00 S5,00D.00 55.000.00 s0.0D 55.000.00 100/. Boll Sup plyand install Cmc. IItada*31 1 L.S. I S6,S00.00 $6.soo.00l So.00 S6.SOD.00 SCSW0000 50.00 56.800.00 100/. B.12 Supplyard install GabionBaskets 50 m3 S275.OD S13.750.001 50.00 $13,750.00 $13,750.00 s0.00 513,750.00 10/. B.13 Supplvard imiallwItebted Alao-MatR,6 50 ma $25.00 $1,250.00 $0.00 51,250.00 51.250.00 SD.00 51,250.00 100/. B.14 Supplyand insbB400mm Du. CSPavd Headw-ills. I L.S. 54,500.00 54,500.00 50.00 54,500.00 54,500.00 $0.00 54,500.00 100/. B.15 Cmbuct Pond Access Road 500 ma $18.00 $9,000.00 $0.00 53,600.00 53,600.00 55,400.00 53,600.00 40/. B.16 SA f Po LS. 20, 0.00 50.00 so.00 520.000.OD $D.00 0e SUB -TOTAL - Section "B" 51:6,860.00 $28,275.00 1 598,585.00 C SECTION"C" RO--ID B ORBS C.OI Fine udcompaROW. 325 m $10.00 $6.500.00 50.00 56.500.00 56.500.00 50.00 56500.00 IOD'/. C.02 GnnuIarW 400mm 3662 tome $IO.OD S36.62 0.OD 50.00 $36.620.00 $36.620.00 $0.00 $3C62D.00 10 01. C.0 uLar'A'(150mm) 1320 tome 5.OD19,S00.0D .00 19,8D0.00 19,800.00 0.00 19,80000 100% C.07 Bax Cro eP-ThahHL-4(50mm) 2500 ma $11.00 527,500.00 SO.DO 527,500.00 527500.00 $0.00 $27,500.00 100/. C.05 SurfaceCourse AspbakH,.3(40mm) 2500 mr $10.00 525,000.00 $0.00 $0.00 $0.00 525.000.00 $0.00 0% C.06 Place and Shape 50 mm GramilarShoulder ISO tome $25.00 $4,500.00 $D.00 SO.OD 50.00 $4,500.00 50.00 0/. C.07 Ccmete hfomtable Carl, with 0.5 m A. halt shmlder. 65 m $100.00 56.500.00 $000 55.50D.00 S5S0D.00 $1.000.00 S5.500.00 85%. C.03 Conaeres Maays. 2 ea S385.0D 5770.00 so.Do 5770.00 5770.00 50.00 ST70.D0 300/. C.09 Corarete Iemarow 2 ea S385.00 5770.00 $0.00 $770.00 $770.00 50.00 $770.00 IWY. 4.10 Supplya�hsstaB lSD mm Du. subdraia 650 m $18.00 S11,700.00 $0.00 $11,700.00 1 $11,700.00 $0.00 S11,70D.00 IOD•e/. C.11 Grade.T ad& Seed and MulchBoulecards 350 m3 slo.001 S3.500.OD $0.00 1 52.500.00 52300.00 S1.000.0D 52.500.00 1 71% SLB -TOTAL- Section "C" 1 1 $143,160.00 1 T531,500.00 5111,660.00 w E R, TOWNSHIP OF ORO-MEDONTE WHISPERING CREEK ESTATES SUBDIVISION LETTER OF CREDIT SUMMARY Item No. DESCRIPTION QUANTITIES, UNIT PRICES & AMOUNT FORRORSS - VALUE OF TBE WORK COMPLETED SUBDIVISION AGREE\1E:\T 3\IOLINr TO BE CO\fPLETED I COMPLETED i\tOL1T % COMPLETE QUAATII] UNIT V,%TI PRICE A.AIOLIT PREVIOUS CLIZIU-N TO DATE D SECTIO\"D" 3fL9CELLI.1'EO1,'S D.Ol ESffRGENCY ACCESS BLOCK D.01.1 Sup&aMjastall7.0 m-400®Dix CSP i=L 1IDfN. 2 ca 53,000.00 $6.000.00 50.00 $0.00 50.00 S6A00.OD $0.00 07. D.012 EmerMcyAe s Road 200 = Gula A' 265 tome TO D $5,035.00 $0.00 1 SO.00 50.00 SSA35.00 $O.DO 07. D.013 Emezrmey Acoess Road 50 nm HL -0 75 tome 5106.00 $7,950.001 50.00 1 50.00 50.00 S7.950.001 50.00 ON. D.01.4 1.2 mebam-lmk finee(hlacksinvlcoatina) 150 1 m 1 $66.00 1 $9,900.001 $0.00 1 50.00 50.00 I $9,900.00 1 $0.00 07. D.Ol-5 Supplvand i=Upole pte. 1 2 1 ea I 51000.00 I 52.000.00 I SD.DO I 50.00 $0.00 1 $2.000.00 1 SD.00 01/. D.02 COSLmuNnYMAILBOk D.02.1 Supplyand In -,W1 7.0 m-40D=Dx CSP iwA HD.rW. 1 ea $3,000.00 53,000.00 1 $0.00 $0.00 $0.00 $3,000.0050.00 09%D.022 GnmaLir A's Mailbox 30 tome $46.00 $1,380.00 $0.00 $0.00 $0.00 $080.00 50.00 07. D.02.3 50mmofBD Aphaltatbfailbox 5 to=e 5145.001 5725.00 1 $0.00 $O.OD $0.00 5723.001 $0.00 1 07. D.02.4 Swptvnd imm6 concrete sidmalk 2 1 n S500.001 $1.000.00 1 $0.00 $0.00 $0.00 $1,000.00 $0.00 1 Dy D.03 COUNTYRO.ADIVORKS D.03.1 Tra6e Cumrol Plmldeasmes 1 L.S. 52,250.OD $2,250.00 $0.00 54250.00 $2250.00 $D.OD 52,250.00 100% D.03.2 Grind& DL'pn'R of40mm AspbaB(Su c County Rd ll) 1 L.S. $5.000.OD $5.000.00 $0.00 55,000.00 55,000.00 SD.00 55,000.00 100`: D.03.3 Grindl9mmalo Lap Joint for Gla:Grid I L.S. $500.00 $500.00 $0.00 $500.00 5500.00 SD.00 $500.00 100% D.03.4 Earth Excalation 125 m3 53.00 51.000.00 SO.D0 51,000.00 51,000.00 50.00 SI.DOD.00 100% D.03.5 Gr4=I rB' 450nm ISO tome $18.00 $3.240.00 50.00 53.240.00 53240.00 $0.00 $3.240.00 1007. D.03.6 Gramilar A'(150nm) 60 tome $24.00 $1,440.00 SD.00 51,440.00 51,440.00 $0.00 51,440.00 100.0. D.03.7 Supa Pace 19 Asphalt (6D mm) 20 tome 5149.00 SZ9SO.OD $0.00 32,980.00 S2.9SO.00 $0.00 S2,9SO.00 100% D.03.8 Sopa Paw 125 AsphaB(40 100 tame $126.00 S17.600.OD 50.00 $12,600.00 51200.00 SO.OD 512,600.00 100•.. D.03.9 Gla Grid 83502 225 m' S21.00 $4.725.00 50.00 54725.00 54.725.00 $0.00 54.725.00 100': D.04 SIGNAGE & ENTRANCE FEATURE D.04.1 Regula Sias: 1 m $600.00 5600.00 50.00 5600.00 5600.00 SD.00 5600.00 I0D7. D.042 Street Name Sim 1 ea 5600.00 5600.00 50.00 5600.00 5600,00 $0.00 $600.00 1007. D.043 Tr PI=tines at lots 1 14 1ea &400.00 55.600.00 50.00 $0.00 50.00 55.600.00 $0.00 1 0% SLB-TOTAL-Section"D., I 577,626.00 542,590.00 534,935.00 E SECTION "Ek' ELEC22UCAL F-01 Supplyandm a0po pedestal 1 ea 1 52,500.00 52,500.00 I 50.00 52,500.00 52,500.00 $0.00 5?,500.0' 1007. E02 5 hmdimbB:trtet Brht 6 ea $3500.00 521.000.00 50.00 521,000.00 521.000.00 50.00 S2L - 100% E.03 ISupplyand intiaB meet Baht cable: and duct I I LS. 535.000.00 1 515.000.00 50.00 I $15,000.00 1 $15,000.00 50.00 I S15.000.00 1 100%. SUB -TOTAL -Section"Ell I I I S38.c00.00 I I 1 50.001 538.600.00 SLI. MIARI' SECTION';A" SECTION "B" SECTION "C" SECTION "D" SECTION "E" SUBTOTAL 10% ALLOWANCE FOR ENGINEERING SLBTOTAL 13% H.S.T. TOTAL 537,:50.00 5126,860.00 $143,160.00 177,52c.OD 538,500.00 $381,790.00 538,479.90 $423,274.50 $c5,02S.69 $478,300.19 53,000.00 &34,250.00 528,275.00 598,635.00 531,500.00 5111,660.00 542,590.00 534,935.00 50.00 538,500.00 $105,365.00 5279,430.00 510,536.50 527943.00 $115,901.50 $307,373.00 515,067.20 S399S&49 $130,968.70 $347,331.49 SUBDIVISION AGREEMENT O 0 SCHEDULE"E" 0 NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO INC. LIST OF LOTS REQUIRING SPECIAL ATTENTION Refer to Section 8.3, which outlines specific requirements for all lots on the Plan in order to obtain Building permits for each and every lot. Ell 5 0 SCHEDULE "F" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO INC. DEVELOPMENT CHARGES The Developer acknowledges and agrees that the following development charges are payable on a per -lot basis prior to the issuance of a Building Permit for each lot, unless alternative arrangements with the body enacting the By -Law relating to development charges or education development charges, which arrangements have been brought to the attention of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian funds to the Chief Building Official of the Township: (i) Development charges in accordance with the Township of Oro-Medonte'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. 41 0 SCHEDULE"G" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO INC. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of TWO DOLLARS ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Developer. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easements shall be conveyed: • Block 15 to be deeded to the Township of Oro-Medonte as stormwater management pond blocks Block 16 to be deeded to the Township of Oro-Medonte as walkway blocks. • Block 17 to be deeded to the Township of Oro-Medonte for Environmental Protection blocks. • Block 18 & 19 to be deeded to the County of Simcoe for a 15 metre by 15 metre daylight triangle block at each limit of the proposed road intersection with County Road 11. • Block 20 & 21 to be deeded to the County of Simcoe for a 0.3 metre reserve across the frontage of the property adjacent to County Road 11 which includes the daylight triangle blocks. 42 SCHEDULE"H" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO INC. PARKLAND Parkland Cash in lieu in the amount of $6500.00 payable to the Township of Oro-Medonte M, SCHEDULE "I" TOWNSHIP OF ORO-MEDONTE DECLARATION OF PROGRESS AND COMPLETION SUBDIVISION DEVELOPER CONSULTING ENGINEER As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE AND 2479283 ONTARIO INC. 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 Engineering Consultant and more specifically in accordance with the following schedule and conditions: a) Before any building erected on the lots or blocks in the Plan are occupied all the Requirements for Occupancy, as set out in Clause 8.5, shall be complied with. b) Granular "B" and Granular "A" on or before T� i ti n �ptYj C) Black Vinyl Chainlink fencing on or before__q�=,� 2p1 ✓� d) Boulevard sodding on all roads on or before SEo7- al l8 e) Base Lift of Asphalt on or before TU �E �✓) aU I f) Planting of trees on or before SES. g) Stormwater Management Pond expansion on or before ,1 Ly✓Ea a -p I Q h) Landscaping on or before _ SE(531'r X01 2. The Developer further agrees that the Township is hereby authorized to carry out, at his expense, any of the work set out in this Declaration not finished on or before the completion dates, to be commenced not sooner than one week following such completion date, it being understood and agreed that the Township's authorization is limited only to that work required under the Declaration; 3. The Developer undertakes to properly maintain the gravel road base at all times and to keep all roads in a mud -free and dust -free condition until such times as the roads, including boulevards, have been completed; 4. The Developer further agrees and the Township is hereby authorized to undertake any of the maintenance work as set out under Item 3 hereof, not completed by him within 24 hours after receipt of such request for maintenance, at his expense, and without 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; 44 5. It is understood and agreed that should the Developer fail to construct the remaining services to carry out the requirements of Item 3 as stipulated, and by such dates and within such time limits as provided by this undertaking, the Developer, notwithstanding the costs noted in Section 4, shall pay to the Township, as predetermined liquidated damages, the sum of TWO HUNDRED DOLLARS ($200.00) for each and every calendar day the said services are behind schedule of construction provided such delay is not caused by strikes or acts of God or additional work being required by the Township. Seal or Witness 2479283 ONTARIO INC. Date 45 Q SCHEDULE "J" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2479283 ONTARIO INC. 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. SCHEDULE"K" 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: $ 167.689.61 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 town aggregate amount of $167,689.61 ($$$$$$$$) 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 anyfuture 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 Authorized Signature Bank of Ontario, this day of Authorized Signature 47 20