2019-042 Authorize the Execution of a Pre-Servincing Agreement with Horseshoe Valley Development Draft Plan of Subdivision (Phase 4)) for part of lot 4, concession 4The Corporation of the Township of Oro-Medonte
By-law No. 2019-042
A By-law to Authorize the Execution of a Pre -Servicing Agreement with
Horseshoe Valley Development (2018) Inc. — Draft Plan of Subdivision (Phase 4)
for Part of Lot 4, Concession 4 (Geographic Township of Oro), Township of Oro-
Medonte, County of Simcoe.
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;
And Whereas the Council of the Township of Oro-Medonte deems it advisable to enter
into a Pre -Servicing Agreement with Horseshoe Valley Development (2018) Inc. for the
following lands: Draft Plan of Subdivision (Phase 4) for Part of Lot 4, Concession 4
(Geographic Township of Oro), Township of Oro-Medonte, County of Simcoe.
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Oro-Medonte, a Pre -Servicing Agreement, a copy of which is
attached hereto and forms part of this By-law as Schedule 'A'.
2. That the Township of Oro-Medonte shall be entitled to enforce the provisions of
the Pre -Servicing Agreement against the owners of the land;
3. This by-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 24th day of April,
2019.
The Corporation of the Township of Oro-Medonte
Way
PRE -SERVICING AGREEMENT for EARTHWORKS
HORSESHOE VALLEY DEVELOPMENT (2018) INC.
-and -
THE CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE
PART of LOT 4, CONCESSION 4
(GEOGRAPHIC TOWNSHIP OF ORO)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
April 24, 2019
By-law No. 2019-042
PRE -SERVICING AGREEMENT for EARTHWORKS
THIS AGREEMENT MADE BETWEEN:
The Corporation of the Township of Oro-Medonte
(hereinafter called the "Township")
- and -
Horseshoe Valley Development (2018) Inc.
(hereinafter called the "Developer")
WHEREAS the Developer is the registered owner of the lands described in Schedule
"A" attached (the "Subdivision Lands");
AND WHEREAS the Developer desires to commence Earthworks Pre -Servicing within
the Subdivision Lands, prior to the registration of the Plan of Subdivision and the
execution of the Subdivision Agreement with the Township;
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
ASSUMPTION OF RISK BY DEVELOPER
1.1 The Developer agrees to assume all risk in commencing Earthworks
Pre -Servicing, as defined in Article 1.5 hereof, on the Subdivision Lands, prior to
the execution of a Subdivision Agreement with the Township and the registration
of the Plan of Subdivision.
1.2 The Developer hereby releases the Township, its agents, servants and
employees from and against all actions, suits, claims and demands whatsoever,
which may arise either directly or indirectly as a result of the Earthworks Pre -
Servicing undertaken by the Developer.
1.3 The Developer acknowledges and agrees that, in the event that a Subdivision
Agreement with the Township is not finalized for any reason and the Plan of
Subdivision is not registered as a result, all Earthworks Pre -Servicing of the lands
shall cease immediately.
1.4 The Developer acknowledges and agrees that Engineering design drawings and
specifications for the movement, import, removal and / or storage of Earthworks
to be undertaken by the Developer, as submitted to the Township in accordance
with the terms of this Agreement, may require further amendment as a result of
requirements imposed by the Township under the terms of the Subdivision
Agreement to be entered into for the Subdivision Lands.
1.5 The Developer covenants and agrees to assume all risk and responsibility for the
cost of required revisions to the Engineering design drawings and specifications
for the Earthworks Servicing, together with the costs of modifying, reconstructing,
removing and/or replacing the Earthworks Pre -Servicing installed by the
Developer, pursuant to the terms of this Agreement, in order to satisfy the
requirements finally imposed by the Township at the time that the Subdivision
Agreement is entered into.
1.6 The Developer acknowledges and agrees that this Agreement relates to and
permits the following works on the Subdivision Lands:
1. Earthworks (As described in Schedule "A" and detailed in Schedule "B").
1.7 The Developer acknowledges and agrees that no works shall be carried out on
any existing Township right-of-way, and that there shall be no connection to any
services on any Township right-of-way.
1.8 The Developer acknowledges and agrees that no works shall be carried out on
lands not owned by the Developer, without the written consent of the owner to be
filed with and approved by the Township.
1.9 The Developer acknowledges and agrees the Pre -Servicing Plans being:
1. Environmental Protection Plan & Limits of Earthworks Agreement (EW-1)
2. Environmental Protection Standard Details (EW-2)
comply with Federal and Provincial laws and Township By-laws, Standards and
Policies.
2. REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK
2.1 The Developer agrees to submit the following to the Township, in a form
satisfactory to the Township, prior to the commencement of the Earthworks
Pre -Servicing on the Subdivision Lands:
a) A letter from a qualified Professional Engineer, experienced in the field of
municipal servicing, confirming:
1. Retainer - That their firm has been retained by the Developer.
2. Terms of Retainer - The terms of their retainer with the Developer are as
follows:
a) Plans and Specifications - Prepare plans and specifications for the
construction of Earthworks Pre -Servicing;
b) Cost Estimates - Prepare cost estimates for the Earthworks
Pre -Servicing to be constructed from the drawings;
c) Approvals - Obtain all necessary approvals (as required) from
additional Agencies for the import and / or removal of materials or alter
grades and / or drainage;
d) On -Site Inspections - Ensure that all on -site inspections of Engineered
Fill Earthworks Pre -Servicing are conducted by Geotechnical Engineers
as required;
e) Change in Retainer— If at any time during the project:
i) The terms of their retainer are changed by the Developer, or;
ii) If they become aware that they will not be able to provide "as
constructed" drawings, they will notify the Township within
twenty-four (24) hours;
f) Erosion and Siltation Control - Ensure all necessary precautions are
taken to prevent erosion / sedimentation of drainage ditches, swales,
material stock piles, exposed slopes and surfaces, etc., both within the
subdivision and downstream, prior to and during construction.
b) Confirmation letters are to be filed with the Township Clerk, confirming the
following:
1) The Development Engineering Department has no objection to the
Earthworks Pre -Servicing;
2) The Planning Department has no objection to the Earthworks
Pre- Servicing;
3) The Township Solicitors have no legal objections to the Earthworks
Pre -Servicing.
4) The NVCA has no objection to the Earthworks Pre -Servicing.
c) Payment of cash or certified cheque required to cover the cost of the
Township's lawyer and Planner for all costs involved in processing the Pre -
Servicing Agreement, and for all the Township's Engineers for checking of
plans, specifications and inspection on behalf of the Township for the sum of
Ten Thousand Dollars ($10,000).
As accounts are received from the Township Planner, lawyer, and Engineer,
they will be paid by the Township and then submitted to the Developer for
reimbursement within thirty (30) days. In the event that the deposit is drawn
down to a level of Five Thousand Dollars ($5,000) or less, and the
Developer does not pay the accounts within thirty (30) days, it is hereby
understood and agreed that the Developer is in default of this Agreement and
all work must cease;
d) A Letter of Credit, as per Schedule "Y, in the amount set out in Schedule "C",
attached, as security to ensure the due completion of the Earth Works
Pre -Servicing to be constructed by the Developer, and as security to be held
by the Township for the warranty periods to be more particularly described in
the Subdivision Agreement for the Subdivision Lands.
The said Letter of Credit shall provide that if in the sole opinion of the
Township, default under the terms of this Agreement has taken place, the said
Letter of Credit may thereupon be drawn upon in whole or in part;
e) A certified copy of an insurance policy, or a certificate of insurance, confirminc
comprehensive general liability in the amount of Five Million Dollars
($5,000,000.00), naming the Township as co-insured, and containing the
following additional provisions or endorsements:
1) Products/Completed Operations provisions;
2) Cross -liability clause;
3) Blasting included, only if done by an independent contractor;
4) 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.
f) All Earth Works Pre -Servicing Plans shall be submitted to and accepted by the
Township's Development Engineering Department;
3. INSPECTION BY THE TOWNSHIP
3.1 The Developer agrees to permit unrestricted access to the Subdivision Lands to
the Township and its agents for the purpose of inspection of the Earth Works
Pre -Servicing undertaken by the Developer.
Notwithstanding that inspections may be conducted by the Township or its
agents, the Developer shall bear sole responsibility for the soundness of the
Earth Works Pre -Servicing design of the and for ensuring that the Earth Works
Pre -Servicing will function, as intended, and will be compatible with the final Plan
of Subdivision when and if such Plan of Subdivision is approved.
3.2 If, in the opinion of the Township, there is an emergency situation as a result of
any work undertaken by the Developer or its servants, or agents, which requires
immediate attention to avoid damage to private or public property or services
owned by the Township or to eliminate a potential hazard to persons, such work
may be done immediately by the Township at the expense of the Developer, but
notice shall be given to the Developer at the earliest possible time.
4. APPLICATION OF SECURITY
4.1 In the event of default by the Developer under the terms of this Agreement, or if
the Township is required to enter onto the Subdivision Lands or the abutting
Township lands to conduct any work on the Earthworks Pre -Servicing due to an
emergency, the Township shall be entitled to draw upon the security posted by
the Developer pursuant to the terms of this Agreement, in whole or in part, to
cover the costs incurred by the Township in remedying the default on the part of
the Developer, or in addressing the emergency situation.
5. NO REDUCTION OF SECURITY
5.1 The Developer acknowledges and agrees that no reduction in the amount of
security filed by the Developer with the Township, in accordance with the terms of
this Agreement, shall be permitted until such time as the Developer has entered
into the Subdivision Agreement for the Subdivision Lands with the Township.
Thereafter, any reductions in the security posted by the Developer shall be
completed in accordance with the terms of the said Subdivision Agreement.
6. NO ASSUMPTION OF TOWNSHIP SERVICES
6.1 The Developer acknowledges and agrees that the Township shall not be required
to assume the Township services to be constructed by the Developer, pursuant to
the terms of this Agreement, until such time as the Developer has entered into a
Subdivision Agreement with the Township for the Subdivision Lands, and the
Township services have been completed, inspected, and approved.
7. NOTICE
7.1 Any notice required to be given pursuant to this Agreement may be given by
prepaid registered post to the Developer at the following address:
Horseshoe Valley Development (2018) Inc. C/O Bill Ulicki
162 Cumberland Street, Suite 300
Toronto, Ontario
M5R 3N5
and such notice shall be deemed to have been given and received on the third
day after mailing.
8. NO ASSIGNMENT
8.1 The Developer shall not assign or otherwise transfer the benefit of this
Agreement without the written consent of the Township, which may be
unreasonably withheld.
IN WITNESS WHEREOF the Developer has hereunto set its hands and seals this
'dq day of April, 2019.
Horseshoe Valley Development (2018) Inc.
Per:
Horseshoe Valley Development (2018) Inc.
Elliot Steiner
IN WITNESS WHEREOF the Township has hereunto sets its hands and seals this
4 day of April, 2019.
THE
Per:
Per:
TOWNSHIP OF ORO-MEDONTE
H.S. Hughes, Mayor
Karen Way, Clerk
SCHEDULE"A"
DESCRIPTION OF LANDS:
Part of Lot 4, Concession 4 (Geographic Township of Oro) now in the Township of
Oro-Medonte, County of Simcoe
SCHEDULE"B"
DRAWING LIST:
Horseshoe Valley Lands — Landscape Drive Phase 4
Earthworks Agreement
Submitted by: Gerrits Engineering Limited — Jeff McCuaig, P.Eng
February 19, 2019
Environmental Protection Plan and Limits of Earthworks Agreement
Drawing: EW-1
2. Environmental Protection Standard Details
Drawing: EW-2
3. Environmental Protection Plan and Limits of Earthworks Agreement
(Construction Access Road between Line 4 North and Site)
Drawing: EW-3
SCHEDULE"C"
CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP:
A Cash Deposit for the for all costs involved in processing the
Pre -Servicing Agreement by the Township's Lawyer and Planner,
and the Township's Engineers for the review of plans, specifications
and site inspections on behalf of the Township. $ 10,000.00
TOTAL CASH DEPOSITS TO THE TOWNSHIP
$ 10,000.00
2. A Letter of Credit as security to ensure the due completion of the Earthworks
Pre -Servicing to be constructed by the Developer, and as security to be held by the
Township for the warranty periods to be more particularly described in the
Earthworks Pre -Servicing Agreement for the Subdivision Lands.
TOTAL SECURITY TO BE DEPOSITED WITH THE TOWNSHIP $ 122,715.18
1.0 SITE WORKS
Supply and Install Heavy Duty Silt Fence
$
13,600.00
Supply and Install Heavy Duty Silt Fence
$
16,000.00
Supply and Install Entrance Mat and Rock Check Dams
$
9,750.00
Establishment of Temporary Sediment Pond
$
22,000.00
Ground Stabilization
$
37,375.00
Subtotal of Site Works $ 98,725.00
10 % Contingency $ 9,872.50
SUBTOTAL $ 108,597.50
HST (13 %) $ 14,117.68
TOTAL $ 122,715.18
SCHEDULED"
SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
DATE OF ISSUE:
NAME OF BANK:
ADDRESS OF
BANK:
LETTER OF CREDIT NO.:
AMOUNT: $ 122,715.18
Except as otherwise expressly stated, this Letter of Credit is issued subject to the
Uniform Customs and Practices for Documentary Credits (1993 Revision), being ICC
Publication No. UCP 500.
TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
P.O. Box 100, Oro Ontario, LOL 2X0
We hereby authorize you to draw on the Bank of
Ontario, , for the account of
up to an aggregate amount of
which is available on demand.
, $ 122,715.18
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 Pre -Servicing
(Earthworks) Agreement between our said customer and the Corporation of the
Township of Oro-Medonte, with Mortgage Company, as a third parry, regarding
subdivision of Part of Lot 4, Concession 4 (former Township of Oro) now in the
Township of Oro-Medonte, County of Simcoe.
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 2019.
Authorized Signature Authorized Signature
Bank of
10