2019-088 By-law to authorize the Execution of a pre-servicing agreement with Oro Medonte EstatesThe Corporation of the Township of Oro-Medonte
By-law No. 2019-088
A By-law to Authorize the Execution of a Pre -Servicing Agreement with Oro
Medonte Estates Inc. for:
Part of Lot 1, Concession 7 and Part of the East Half of the West Half of Lot 2,
Concession 7 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-31425,
Township of Oro-Medonte (Formerly The Township of Oro), County of Simcoe,
PIN 58533-0019(LT)
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 Oro Medonte Estates Inc. for the following lands:
Part of Lot 1, Concession 7 and part of the East Half of the West Half of Lot 2,
Concession 7 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-31425; Township of Oro-
Medonte (formerly the Township of Oro), County of Simcoe, PIN 58533-0019(LT)
Now Therefore the Council 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 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 11th day of
September, 2019.
The Corporation of the Township of Oro-Medonte
4&44 —
M ycr, H.S. Hu es
Dep y Clerk, Janette Teeter
Schedule "A" to By-law No. 2019-088 for
The Corporation of the Township of Oro-Medonte
Pre -Servicing Agreement
Proud Heritage, Exciting Future
PRE -SERVICING AGREEMENT
- between -
ORO MEDONTE ESTATES INC.
-and-
THE CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE
Plan of Subdivision of Part of Lot 1, Concession 7 and part of the East Half of the
West Half of Lot 2, Concession 7 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-
31425; Township of Oro-Medonte (formerly the Township of Oro), County of
Simcoe, PIN 58533-0019(LT)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
September 11, 2019
By -Law No. 2019-088
PRE -SERVICING AGREEMENT
THIS AGREEMENT MADE BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
- and -
ORO MEDONTE ESTATES INC.
(hereinafter called the "Township")
(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 installing municipal services
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:
1. ASSUMPTION OF RISK BY DEVELOPER
1.1 The Developer agrees to assume all risk in commencing installation of
Township services, as defined in Article 1.4 hereof, on the Subdivision Lands, prior
to the execution of a Subdivision Agreement with the Township and the registration
of the Plan of Subdivision. 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
installation of Township services by the Developer.
1.2 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, pre -servicing of the Subdivision
Lands shall cease immediately.
1.3 The Developer acknowledges and agrees that Engineering design plans
and specification for the Township services to be installed 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. 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 Township services, together with the costs of modifying,
reconstructing, removing and/or replacing the Township services 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.
The Engineering Design plans are as follows:
PEARSON ENGINEERING LTD (Project No. 17090)
• DRAWINGS LIST AS PER APPROVED SUBMISSION
TITLE PAGE
GENERAL NOTES
General Servicing Plan GN -1
General Servicing Plans
General Servicing Plan GS -1
General Servicing Plan GS -2
Storm Drainaae Plans
Storm Drainage Plan STM -1
Storm Drainage Plan STM -2
Post -Development Storm Catchment Plan STM -3
Storm Sewer Design Sheets PD -1
Lane Marking Plan
Lane Marking Plan LM -1
Water System
Watermain Plan WM-1
Watermain Plan WM-2
Lot Gradina Plans
Lot Grading Plan
LG -1
Lot Grading Plan
LG -2
Lot Grading Plan
LG -3
Lot Grading Plan
LG -4
Lot Grading Plan
LG -5
Lot Grading Plan
LG -6
Lot Grading Plan
LG -7
Lot Grading Plan
LG -8
Lot Grading Plan
LG -9
Plan and Profile Drawinas
Ruby Ridge Road
STA 0+000 To 0+260
PP -1
Ruby Ridge Road
STA 0+260 To 0+500
PP -2
Ruby Ridge Road
STA 0+500 To 0+720
PP -3
Ruby Ridge Road
STA 0+720 To 1+025
PP -4
Ruby Ridge Road
STA 1+025 To 1+265
PP -5
Ruby Ridge Road
STA 1+265 To 1+367.21
PP -6
James Cooke Place
STA 0+000 To 0+243.22
PP -7
Forest Heights Court
STA 0+000 To 0+171.27
PP -8
Future Line 6 North Realignment
STA 0+000 To 0+300
PP -9
Future Line 6 North Realignment
STA 0+300 To 0+540
PP -10
Future Hickory Lane
STA 0+300 To 0+247
PP -11
County Road 22
STA 0+000 To 0+220
PP -12
County Road 22
STA 0+220 To 0+460
PP -13
Section Details County Road 22
SEC -1
Section Details Line 6 North Realignment & Hickory Lane
SEC -2
Stormwater Management Plan
North Pond Plan View SWM -1
North Pond Cross -Sections SWM -2
North Pond Outlet Details SWM -3
South Pond Plan View
SWM -4
South Pond Cross -Sections
SWM -5
South Pond Outlet Details
SWM -6
South Pond Inlet Details
SWM -7
Flood Plain Mapping Plan
FLP -1
Siltation and Erosion Control
Erosion and Sediment Control Plan ESCP-1
Erosion and Sediment Control Plan ESCP-2
Erosion and Sediment Control Plan ESCP-3
Desians Standards Drawinas
Notes and Details
ND -1
Notes and Details
ND -2
Notes and Details
ND -3
Notes and Details
ND -4
Notes and Details
ND -5
Notes and Details
ND -6
DRAFT LEGAL PLAN
M -Plan (Guido Papa Surveying) 51 M-
Utilities
Hydro Plan (Hydro One Networks Inc.)
Hydro Plan (Hydro One Networks Inc.)
Hydro Plan (Hydro One Networks Inc.)
Streetlight System (RTG Systems Inc.)
Streetlight System (RTG Systems Inc.)
00340-18-049
0340-18-049-1
0340-18-049-2
SL -1
SL -2
Accepted for Construction on behalf of the Township by The Jones
Consulting Group Ltd. - Jim Parker, P.Eng. on August 19, 2019
The following additional phase/part drawings are included for reference:
Pre -Servicing Phasing Plan Connection Option A (Line 6 Deviation) PS -1A
Pre -Servicing Phasing Plan Connection Option A (Line 6 Deviation) PS -2A
Pre -Servicing Phasing Plan Connection Option B PS -1 B
(Ruby Ridge Ext. to Ex. Line 6)
Pre -Servicing Phasing Plan Connection Option B PS -213
(Ruby Ridge Ext. to Ex. Line 6)
1.4 The Developer acknowledges and agrees that this Agreement relates to
and permits the installation of the following Township services on the Subdivision
Lands:
1. Site preparation (clearing and grubbing, strip, load, transport off-site and
stockpile on-site topsoil);
2. Earthworks (on-site grading and excavation, importing and placing fill);
3. Road works;
4. Installation of watermain; and
5. Drainage works, storm sewers and stormwater management works.
1.4.1 The Developer acknowledges and agrees that the final alignment and works
associated with the connection of Line 6 North to Horseshoe Valley Road East
(County Road 22) are subject to acceptance by the Township of Oro-Medonte
and the County of Simcoe, and that the drawings identified in Section 1.3 of this
Agreement and the works and security amounts identified in Schedule 'B" to this
Agreement shall require further amendments to this Agreement, for the purposes
of:
a) Connection Option A (Line 6 Deviation) Drawings PS1A & PS -2A; or
b) Connection Option B (Line 6 Deviation) Drawings PS1 B & PS -2B."
Subject to whatever decision is made with respect to Line 6, a by-law would be
brought forward to amend the drawing list in Section 1.3 and amend the cost
estimate and security amount in Appendix "B".
Table 1: Timing of Commencement of Works — Phase 1 and Connection Option A
Description
Timing of Commencement of Works
Phase 1
Immediately.
Connection Option
Upon selection of the preferred
A Part 1
Connection Option by the Township.
Earthworks only. Pre -servicing works shall
Connection Option
not commence until the selection of the
A Part 2
preferred Connection Option by the
Township.
Upon selection of the preferred
Connection Option
Connection Option by the Township, and
A Part 3
the completion of the IPA lands ownership
transfer to the Township.
Table 2: Timing of Commencement of Works — Phase 1 and Connection
Option B
Description Timing of Commencement of Works
Phase 1 Immediately.
Connection Option Earthworks only.
B Part 1
Upon selection of the preferred Connection
Connection Option Option by the Township, and the
B Part 2 completion of the IPA lands ownership
transfer to the Township.
1.5 The Developer acknowledges and agrees that no work shall be carried out
on any existing Township right-of-way, and that there shall be no connection to
services on any Township right-of-way.
1.6 The Developer acknowledges and agrees that no work 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.
1.7 The Developer acknowledges and agrees that all Servicing Plans must
comply with Federal, Provincial and Township laws, 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 installation of
Township services on the Subdivision Lands:
a) A letter from a qualified Engineer experienced in the field of Township
services confirming:
Retainer - That their firm has been retained by the Developers to act as
Consulting Engineers for Oro Medonte Estates Inc..
2. Terms of Retainer - The terms of their retainer with the Developer as
follows:
a) Plans and Specifications - Prepare plans and specifications for the
construction of Township services;
b) Cost Estimates - Prepare cost estimates for the Township services
to be constructed from the drawings;
c) Approvals - Obtain all necessary approvals to construct;
d) Co-ordination - Co-ordinate the installation of Township services to
avoid conflicts with regards to telephone, cable T.V., and Township
services;
e) On -Site Inspections - Ensure that all on-site inspections of
Township service installations are conducted by the Developer's
Consulting Engineers at all times during construction;
f) As -Constructed Drawings - Submit certified "as -constructed"
drawings after acceptance of the Township services;
g) 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;
h) Erosion and Siltation Control - Ensure all necessary precautions
are taken to prevent erosion and sedimentation of sewers, ditches,
culverts, slopes, 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 Township Engineering Consultant has no objection to the pre -
servicing;
2) The Planning Division has no objection to the pre -servicing;
3) The Nottawasaga Valley Conservation Authority has no objection to
the pre -servicing; and
4) The Township Solicitor has no legal objections to the 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 Engineering Consultant 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 Engineering Consultant, 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 "C", in the amount set out in Schedule 'B",
attached, as security to ensure the due completion of the Township services 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, confirming
comprehensive general liability in the amount of Five Million Dollars
($5,000,000.00), naming the Township and The Jones Consulting Group Ltd.
as co-insured, and containing the following additional provisions or
endorsements:
1) Products/Completed Operations provisions;
2) Cross -liability clause;
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.
f) All Servicing Plans shall be submitted to and accepted by the Township
Engineering Consultant.
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 Township
services to be installed 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 Engineering design of the Township
services, and for ensuring that the Township services to be installed 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 Township services or the connection
of the Township services to facilities 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:
Oro Medonte Estates Inc.
155 Romania Dr.
Concord, Ontario L4K 4Z9
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
oTK day of A aa" s i , 2019.
ORO MEDONTE�ESTATES INC.
Per:
(signature)
Name: 65 N 2a f ea &e"6 o (print)
Position: f%lAFS iV Dov/ (print)
I have authority to bind the corporation
IN WITNESS WHEREOF the Township has hereunto sets its hands and seals this\\ day
of '+
019.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per: �-'" /Ay�//l0 H.S. Hughes, Mayor
Per: �4Janette Teeter, Deputy Clerk
SCHEDULE"A"
DESCRIPTION OF LANDS:
Plan of Subdivision of Part of Lot 1, Concession 7 and part of the East Half of the
West Half of Lot 2, Concession 7 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-
31425; Township of Oro-Medonte (formerly the Township of Oro), County of
Simcoe, PIN 58533-0019(LT)
PROPOSED M -PLAN:
PHASE 1 (
PHASE 1 (
SCHEDULE"B"
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in A) DESIGN PLAN:
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ion B) DESIGN PLAN:
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SCHEDULE KV"
CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP:
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.
$10,000
TOTAL CASH DEPOSITS TO THE TOWNSHIP $10,000
2. A Letter of Credit as security to ensure the due completion of the Township
services 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 following are Summaries of the Engineering Cost Estimates for Phase 1,
Connection Option A, and Connection Option B, as per the detailed Engineering Cost
Estimates prepared by Pearson Engineering Ltd. dated August 15, 2019 and included in
the Accepted for Construction document and drawing submission August 19, 2019.
The following Tables and attached spreadsheets summarize the pre -servicing cost
estimate amounts and respective Township Securities for Phase 1, Connection Option
A and Connection Option B:
Table 3: Phase 1 - Summary of Pre -Servicing Cost Estimate and Township
Securities
�`l�`� , ���
��; Description
^_
Servrcin g
Township
Secunties��
Servic n g
Cost
Internal
�"
External91
x'
External
w rt s
Internal
Phase 1
$2,188,094
$1,200,700
-
Table 4: Connection Option A - Summary of Pre -Servicing Cost Estimate and
Township Securities
Should Connection Option B be approved and Connection Option A be removed from
consideration of the final design, the values in Connection Option B (Table 5) will be
substituted for Connection Option A and the Securities adjusted appropriately.
Table 5: Connection Option B - Summary of Pre -Servicing Cost Estimate and
Township Securities
�`�Descnption
Servrcin g
Township
Sec riti s '
as
����D scription
$eCostn
Cost
x'
External
w rt s
Internal
E- ernal
W��-°>.
Connection Option
B
$698,824
$205,778
Connection Option
$1,680,160
$627,375
$481,806
A
Connection
Not
Option A Part 2
$46,805
$26,324
Included.
Earthworks Only
at this
time.
Should Connection Option B be approved and Connection Option A be removed from
consideration of the final design, the values in Connection Option B (Table 5) will be
substituted for Connection Option A and the Securities adjusted appropriately.
Table 5: Connection Option B - Summary of Pre -Servicing Cost Estimate and
Township Securities
�`�Descnption
Servrcin g
L"4 -Ale - U ._:.
ownship SecuritreR
Cost
Internal '
External
w rt s
Estimate
W��-°>.
Connection Option
B
$698,824
$205,778
$323,142
SECURITIES TO BE DEPOSITED WITH THE TOWNSHIP:
Phase 1 = $ 1,200,700.00
Connection Option A Part 2 Earthworks Only = $ 26.324.00
$ 1,227,024.00
SCHEDULE "D"
PRE -SERVICING 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: $
Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform
Customs and Practices for Documentary Credits (1993 Revision), being ICC Publication No.
UCP 500.
TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
P.O. Box 100, Oro Ontario, LOL 2X0
We hereby authorize you to draw on the Bank of
Ontario, , for the account of
up to an aggregate amount of
which is available on demand.
Pursuant to the request of our said customer, we, the Bank of
, Ontario, hereby establish and
give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may be
drawn on by you at any time and from time to time, upon written demand for payment made
upon us by you which demand we shall honour without enquiring whether you have the right as
between yourself and our said customer to make such demand and without recognizing any
claim of our said customer or objection by them to payment by us.
Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of
the Township of Oro-Medonte. The original Letter of Credit must be presented to us at : Bank of
, Ontario, . The Letter of Credit, we
understand, relates to a Pre -Servicing Agreement between our said customer and the
Corporation of the Township of Oro-Medonte, with Mortgage Comoanv, 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
Bank of
Authorized Signature