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2019-123 By-Law to Authorize the Execution of a Subdivision Agreement between Braestone Development CorporationThe Corporation of the Township of Oro-Medonte By -Law No. 2019-123 A By-law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Braestone Development Corporation Whereas, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies being: PCL 2-1 Sec 51 -Oro -9; LT 3 Con 9 Oro Being the E 1/2 & W Y2; Lt 2; Con 9 Oro being the E 1/2 &W 1/2; Pt. 1, 51R-21804, except Pt 1, 51R-28741 & Except Plan 51 M 1070 & 51 M1113; Township of Oro-Medonte, County of Simcoe Now Therefore the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: That the Mayor and 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 4th Day Of December, 2019. The Corporation of the Township of Oro-Medonte De ty,Clerk, J. Teeter Subdivision/PIN Description Correlation List 58532-0279 LOT 1, PLAN 51M1181 58532-0280 LOT2, PLAN 51M1181 58532-0281 LOT 3, PLAN 51M1181 58532-0282 LOT4, PLAN 51M1181 58532-0283 LOT 5, PLAN 51M1181 58532-0284 LOT 6, PLAN 51 M1181 58532-0285 LOT 7, PLAN 51 M1 181 58532-0286 LOT8, PLAN 51M1181 58532-0287 LOT 9, PLAN 51M1181 58532-0288 LOT 10, PLAN 51M1181 58532-0289 LOT 11, PLAN 51 M 1181 58532-0290 LOT 12, PLAN 51M1181 58532-0291 LOT 13, PLAN 51 M1181 58532-0292 LOT 14, PLAN 51M1181 58532-0293 LOT 15, PLAN 51M1181 58532-0294 LOT 16, PLAN 51 M1181 58532-0295 LOT 17, PLAN 51M1181 58532-0296 LOT 18, PLAN 51M1181 58532-0297 LOT 19, PLAN 51M1181 58532-0298 LOT 20, PLAN 51M1181 58532-0299 BLOCK21, PLAN 51 M1 181 58532-0300 BLOCK22, PLAN 51M1181 59 58532-0301 RESERVE BLOCK23, PLAN 51M1181 58532-0302 THOROUGHBRED DRIVE, PLAN 51M1181 58532-0303 Remnant r" CLOSING DOCUMENTS BRAESTONE DEVELOPMENT CORPORATION (PHASE 2A) Subdivision Part East and West Halves Lot 3, Concession 9 Oro, Township of Oro-Medonte Part of Property Identifier No. 58532-0275 LT Draft Plan File No. 43T-91031 Registered Plan 51 M-1 181 1. Subdivision Plan 51 M-1 181 PIN Correlation List; 2. Plan Document registered March 27, 2020 as Instrument No. SC1670735; 3. Notice of Subdivision Agreement registered March 27, 2020 as Instrument No. SC1670767; 4. Application for Inhibiting Order registered March 27, 2020 as Instrument No. SC1670749; 5. Transfer Blocks 21, Plan 51M-1181 registered March 27, 2020 as Instrument No. SC1670817; 6. Transfer for Block 23, Plan 51 M-1181 as 0.3 metre Reserve registered as Instrument No. SC1670850; 7. Transfer Easement over Lot 10, Plan 51 M-1181 registered March 27, 2020 as Instrument No. SC1670822 (Turning Circle); 8. Transfer Easement over Part West Half Lot 3, Concession 9 Oro being Parts 1 and 2 on Plan 51 R-42440 registered March 31, 2020 as Instrument No. SC1671532 (Plunge Pool); 9. Registered Plan 51 M-1 181 and Reference Plan 51 R-42440; 10. Application to Delete Inhibiting Order registered April 2, 2020 as Instrument No. SC1672182; 11. My Statement of Account (in duplicate). Subdivision/PIN Description Correlation List 58532-0279 LOT 1, PLAN 51M1181 58532-0280 LOT2, PLAN 51M1181 58532-0281 LOT 3, PLAN 51 M1181 58532-0282 LOT4, PLAN 51M1181 58532-0283 LOT 5, PLAN 51 M1181 58532-0284 LOT 6, PLAN 51M1181 58532-0285 LOT 7, PLAN 51 M1181 58532-0286 LOT 8, PLAN 51 M1181 58532-0287 LOT 9, PLAN 51M1181 58532-0288 LOT 10, PLAN 51M1181 58532-0289 LOT 11, PLAN 51M1181 58532-0290 LOT 12, PLAN 51M1181 58532-0291 LOT 13, PLAN 51M1181 58532-0292 LOT 14, PLAN 51M1181 58532-0293 LOT 15, PLAN 51M1181 58532-0294 LOT 16, PLAN 51M1181 58532-0295 LOT 17, PLAN 51M1181 58532-0296 LOT 18, PLAN 51 M1 181 58532-0297 LOT 19, PLAN 51M1181 58532-0298 LOT 20, PLAN 51 M1181 58532-0299 BLOCK21, PLAN 51 M1 181 58532-0300 BLOCK22, PLAN 51 M1 181 58532-0301 RESERVE BLOCK 23, PLAN 51M1181 58532-0302 THOROUGHBRED DRIVE, PLAN 51M1181 58532-0303 Remnant LRO # 51 Plan Document Receipted as SC1670735 on 2020 03 27 at 10:32 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Pagel of 3 Properties { PIN 58532 - 0275 LT ✓/ Affects Part of Prop J Description PART E1/2 & W1/2 OF LOT 3 CONCESSION 9 ORO TOGETHER WITH AN EASEMENT OVER SCP460 AS IN SC1595230; TOGETHER WITH AN EASEMENT OVER SCP465 AS IN SC1631380; TOWNSHIP OF ORO-MEDONTE Address ORO Applicant(s) Name BRAESTONE DEVELOPMENT CORPORATION Address for Service 85 Bayfield Street, Suite 500, Barrie ON L4M 3A7. 1, J. David Bunston, Treasurer, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Statements The applicant applies to register a plan of subdivision of the land prepared by Paul R. Thomsen dated 2019/12/20 All the chargee(s) consents required have been obtained See Schedules. Signed By Kenneth Edward Bailey 85 Bayfield Street Suite 500 acting for Barrie Applicant(s) L4M 3A7 Tel 705-792-9279 Fax 705-730-1059 1 have the authority to sign and register the document on behalf of the Applicant(s). 1 Submitted By Kenneth E. Bailey Professional Corporation Tel 705-792-9279 Fax 705-730-1059 IFees/Taxes/Payment Statutory Registration Fee Total Paid 1 File Number Applicant Client File Number 2016-016 85 Bayfield Street Suite 500 Barrie L4M 3A7 $0.00 $0.00 I Signed 2020 03 27 1 2020 03 27 CONSENT OFCHARGEE IN THE MATTER OF a Plan of Subdivision of: PA2T0G E�ALA"O W'/Z- _ 1 f f ■ S1 f f' f _ _ TOGETHER WITH AN EASEMENT OVER SCP460 AS IN SC1595230; TOGETHER WITH AN EASEMENT OVER SCP465 AS IN SC1631380; Township of Oro-Medonte, County of Simcoe; prepared by Paul R. Thomsen, Ontario Land Surveyor, dated the 2d' day of DP-r— ,2020. THE TORONTO-DOMINION BANK, the Chargee under a Charge registered as Instrument No. SC1644210 hereby consents to the registration of the above -mentioned Plan of Subdivision. DATED at Barrie, Ontario this L day of Name: Title: Tma's-T�u3eye C ;nrnar yci --'— salons Lad I have the d i �A$ a iilon. lea a" the Authority to Sheri The Corpor tkm Mar, 20, 2020 11:35AM No.6586 P, 4 CONSENT OF CHARGEE IN THE MATTER OF a Plan of Subdivision of: PA2rcr- C'/2 A uo W `/2.I) F • •liiit•IY•t!Gt�IY��• • \ \ • • • 9MLUOMhi•.i•ti14i lt�•L1G�tiifs���stiir • • • • N. 1-M-11110 • • • \ 1OWTHIMPM.1111huffill 'L• • • • • [ 1 • 1 1 • • • • • • •, 94-AMPIMIAMEMWAL111 • TOGETHER WITH AN EASEMENT OVER SCP460 AS IN SC1595230; TOGETHER WITH AN EASEMENT OVER SCP465 AS IN SC1631380; Township of Oro-Medonte, County of Simcoe; prepared by Paul R. Thomsen, Ontario Land Surveyor, dated the ?.Cl _nday of QG4EgSEQ2020• THE TORONTO-DOMINION BANK, the Chargee under a Charge registered as Instrument No. SC1661081 hereby consents to the registration of the above -mentioned Plan of Subdivision. DATED at �/[ ISSN , Ontario this day of March, 2020. THE TORONTO-DOMINION BANK Per: Name: Title: I have the authority to bind the Corporation. Bhanu Sundrelingam Lead Officer Business Money Out Customer Service IIWE HAVE THE AUTHORITY TO BIND THIS CORPORATION LRO # 51 Application For Inhibiting Order -Land Receipted as SC1670749 on 2020 03 27 at 10:51 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties j PIN 58532 - 0275 LT �✓ Redescription J Description LOTS 1 T0201NCLUSIVEAND BLOCKS 21 T023INCLUSIVE, PLAN 51M1181; ORO- MEDONTE TOGETHER WITH AN EASEMENT OVER SCP460 AS IN SC1595230; TOGETHER WITH AN EASEMENT OVER SCP465 AS IN SC1631380; Address COLDWATER Applicants) Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address for Service 148 Line 7 South Oro-Medonte ON LOL 2E0 This document is being authorized by a municipal corporation ANDRIA LEIGH, Director of Development Services. This document is not authorized under Power of Attorney by this party. IStatements The Municipality/applicant applies for an entry inhibiting any dealing with the property until the following documents as set out in Schedule attached hereto have been registered. The registered owner of the land has agreed not to deal with the land until the specified conditions have been complied with.. Schedule: See Schedules I Signed By Klaus Nick Jacoby 34 Clapperton St. acting for Signed 2020 03 27 Barrie Applicant(s) L4M 3E7 Tel 705-726-0238 Fax 705-726-9197 1 have the authority to sign and register the document on behalf of the Applicant(s). Submitted By Jacoby Arkell Professional Corporation Tel 705-726-0238 Fax 705-726-9197 IFeesrTaxes/Payment Statutory Registration Fee Total Paid IFile Number Applicant Client File Number JK-25310 34 Clapperton St. Barrie LAM 3E7 $65.05 $65.05 1 2020 03 27 r^ '" SI 0 LRO # 51 Transfer Receipted as SC1670817 on 2020 03 27 at 12:37 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Pagel of 3 Properties 1 PIN 58532 - 0275 LT Interest/Estate Fee Simple ✓0 Split 1 Description BLOCK 21, PLAN 51M1181; ORO-MEDONTE TOGETHER WITH AN EASEMENT OVER SCP460 AS IN SC1595230; TOGETHER WITH AN EASEMENT OVER SCP465 AS IN SC1631380; Address COLDWATER Consideration Consideration $2.00 ITransferor(s) The transferor(s) hereby transfers the land to the transferee(s). Name BRAESTONE DEVELOPMENT CORPORATION Address for Service 85 Bayfield Street, Suite 500 Barrie ON L4M 3A7 I, J. David Bunston, Treasurer, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Transferee(s) Name THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Address for Service 148 Line 7 South Oro-Medonte ON LOL 2EO Capacity IStatements This document is being registered pursuant to Inhibiting Order SC1670749 registered on 2020/03/27 I Signed By Kenneth Edward Bailey 85 Bayfield Street Suite 500 Barrie L4M 3A7 Share I acting for Signed 2020 03 27 Transferor(s) Tel 705-792-9279 Fax 705-730-1059 1 am the solicitor for the transferor(s) and I am not one and the same as the solicitor for the transferee(s). I have the authority to sign and register the document on behalf of the Transferor(s). Klaus Nick Jacoby 34 Clapperton St. acting for Barrie Transferee(s) L4M 3E7 Tel 705-726-0238 Fax 705-726-9197 1 am the solicitor for the transferee(s) and I am not one and the same as the solicitor for the transferor(s). I have the authority to sign and register the document on behalf of the Transferee(s). I Submitted By Jacoby Arkell Professional Corporation 34 Clapperton St. Barrie L4M 3E7 Tel 705-726-0238 Fax 705-726-9197 (Fees/Taxes/Payment Statutory Registration Fee $65.05 Provincial Land Transfer Tax $0.00 Total Paid $65.05 Signed 2020 03 27 2020 03 27 w LRO # 51 Transfer The applicant(s) hereby applies to the Land Registrar. File Number Transferee Client File Number: JK-25310 Receipted as SC1870817 on 2020 03 27 at 12:37 yyyy mm dd Page 2 of 3 e' ) LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of. 58532 - 0275 BLOCK 21, PLAN 51M1181; ORO-MEDONTE TOGETHER WITH AN EASEMENT OVER SCP460 AS IN SC1595230; TOGETHER WITH AN EASEMENT OVER SCP465 AS IN SC1631380; BY: BRAESTONE DEVELOPMENT CORPORATION TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 1. ANDRIA LEIGH lam ❑ (a) A person in trust for whom the land conveyed in the above -described conveyance is being conveyed; ❑ (b) A trustee named in the above -described conveyance to whom the land is being conveyed; ❑ (c) A transferee named in the above -described conveyance; ✓❑ (d) The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE described in paragraph(s) (c) above. ❑ (a) The President, Vice -President, Manager, Secretary, Director, or Treasurer authorized to act for described in paragraph(s) (_) above. ❑ (f) A transferee described in paragraph (, and am making these statements on my own behalf and on behalf of_ who is my spouse described in paragraph (_) and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: 4. (a) Monies paid or to be paid in cash $2.00 (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) $0.00 (ii) Given Back to Vendor $0.00 (c) Property transferred in exchange (detail below) $0.00 (d) Fair market value of the land(s) $0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject $0.00 (f) Other valuable consideration subject to land transfer tax (detail below) $0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (0) $2.00 (h) VALUE OF ALL CHATTELS -items of tangible personal property $0.00 (i) Other considerations for transaction not included in (g) or (h) above $0.00 0) Total consideration $2.00 Explanation for nominal considerations: g) Transfer to a municipality pursuant to subdivision or development agreement, condominium approval or other municipal purposes: Block 21 as an Open Space Block 5. The land is subject to encumbrance 6. Other remarks and explanations, if necessary. 1. The information prescribed for purposes of section 5.0.1 of the Land Transfer Tax Act is not required to be provided for this conveyance. 2. The transferee(s) has read and considered the definitions of "designated land", "foreign corporation", "foreign entity', "foreign national', "specified region" and "taxable trustee" as set out in subsection 1(1) of the Land Transfer Tax Act. The transferee(s) declare that this conveyance is not subject to additional tax as set out in subsection 2(2.1) of the Act because: 3. (c) The transferee(s) is not a "foreign entity" or a "taxable trustee". 4. The transferee(s) declare that they will keep at their place of residence in Ontario (or at their principal place of business in Ontario) such documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes payable under the Land Transfer Tax Act for a period of at least seven years. 5. The transferees) agree that they or the designated custodian will provide such documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes payable under the Land Transfer Tax Act, to the Ministry of Finance upon request. PROPERTY Information Record A. Nature of Instrument: Transfer LRO 51 Registration No. SC1670817 Date: 2020/03/27 B. Property(s): PIN 58532-0275 Address COLDWATER Assessment - Roll No C. Address for Service: 148 Line 7 South Oro-Medonte ON LOL 2EO D. (i) Last Conveyance(s): PIN 58532 - 0275 Registration No. SC1266952 (Ii) Legal Description for Property Conveyed: Same as in last conveyance? Yes ❑ No ✓❑ Not known ❑ E. Tax Statements Prepared By: Klaus Nick Jacoby 34 Clapperton St. Barrie L4M 3E7 f w (0�1 1 LRO # 51 Transfer Receipted as SC1670850 on 2020 03 27 at 13:25 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 3 Properties 1 PIN 58532 - 0275 LT Interest/Estate Fee Simple ❑✓ Split Description BLOCK23, PLAN 51M1181; ORO-MEDONTE TOGETHER WITH AN EASEMENT OVER SCP460 AS IN SC1595230; TOGETHER WITH AN EASEMENT OVER SCP465 AS IN SC1631380; Address COLDWATER IConsideration Consideration $2.00 Transferor(s) The transferor(s) hereby transfers the land to the transferee(s). Name BRAESTONE DEVELOPMENT CORPORATION Address for Service 85 Bayfield Street, Suite 500 Barrie ON L4M 3A7 I, J. David Bunston, Treasurer, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. ITransferee(s) Name THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Address for Service 148 Line 7 South Oro-Medonte ON LOL 2E0 Capacity IStatements This document is being registered pursuant to Inhibiting Order SC1670749 registered on 2020/03/27 ISigned By Kenneth Edward Bailey 85 Bayfield Street Suite 500 Barrie L4M 3A7 Share I acting for Signed 2020 03 27 Transferor(s) Tel 705-792-9279 Fax 705-730-1059 1 am the solicitor for the transferor(s) and I am not one and the same as the solicitor for the transferee(s). I have the authority to sign and register the document on behalf of the Transferor(s). Klaus Nick Jacoby 34 Clapperton St. acting for Barrie Transferee(s) L4M 3E7 Tel 705-726-0238 Fax 705-726-9197 1 am the solicitor for the transferee(s) and I am not one and the same as the solicitor for the transferor(s). I have the authority to sign and register the document on behalf of the Transferee(s). ISubmitted By Kenneth E. Bailey Professional Corporation Tel 705-792-9279 Fax 705-730-1059 IFees/Taxes/Payment Statutory Registration Fee Provincial Land Transfer Tax Total Paid 85 Bayfield Street Suite 500 Barrie L4M 3A7 $65.05 $0.00 $65.05 Signed 2020 03 27 I 2020 03 27 r LRO # 51 Transfer Receipted as SC1670850 on 2020 03 27 at 13:25 The applicant(s) hereby applies to the Land Registrar. File Number Transferee Client File Number: JK-25310 yyyy mm dd Page 2 of 3 f .�, _ 1 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 58532-0275 BLOCK 23, PLAN 51M1181; ORO-MEDONTE TOGETHER WITH AN EASEMENT OVER SCP460 AS IN SC1595230; TOGETHER WITH AN EASEMENT OVER SCP465 AS IN SC1631380; BY: BRAESTONE DEVELOPMENT CORPORATION TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 1. ANDRIA LEIGH lam ❑ (a) A person in trust for whom the land conveyed in the above -described conveyance is being conveyed; ❑ (b) A trustee named in the above -described conveyance to whom the land is being conveyed; ❑ (c) A transferee named in the above -described conveyance; ✓❑ (d) The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE described in paragraph(s) (c) above. ❑ (a) The President, Vice -President, Manager, Secretary, Director, or Treasurer authorized to act for described in paragraph(s) U above. ❑ (f) A transferee described in paragraph (_) and am making these statements on my own behalf and on behalf of _ who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: 4. (a) Monies paid or to be paid in cash $2.00 (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) $0.00 (ii) Given Back to Vendor $0.00 (c) Property transferred in exchange (detail below) $0.00 (d) Fair market value of the land(s) $0.00 (a) Liens, legacies, annuities and maintenance charges to which transfer is subject $0.00 (f) Other valuable consideration subject to land transfer tax (detail below) $0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (0) $2.00 (h) VALUE OF ALL CHATTELS -items of tangible personal property $0.00 (i) Other considerations for transaction not included in (g) or (h) above $0.00 0) Total consideration $2.00 Explanation for nominal considerations: g) Transfer to a municipality pursuant to subdivision or development agreement, condominium approval or other municipal purposes: 0.3 metre reserve block 5. The land is subject to encumbrance 6. Other remarks and explanations, if necessary. 1. The information prescribed for purposes of section 5.0.1 of the Land Transfer Tax Act is not required to be provided for this conveyance. 2. The transferee(s) has read and considered the definitions of "designated land", "foreign corporation", "foreign entity", "foreign national', "specified region" and "taxable trustee" as set out in subsection 1(1) of the Land Transfer Tax Act. The transferee(s) declare that this conveyance is not subject to additional tax as set out in subsection 2(2.1) of the Act because: 3. (c) The transferee(s) is not a "foreign entity" or a "taxable trustee". 4. The transferee(s) declare that they will keep at their place of residence in Ontario (or at their principal place of business in Ontario) such documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes payable under the Land Transfer Tax Act for a period of at least seven years. 5. The transferee(s) agree that they or the designated custodian will provide such documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes payable under the Land Transfer Tax Act, to the Ministry of Finance upon request. PROPERTY Information Record A. Nature of Instrument: Transfer LRO 51 Registration No. SC1670850 Date: 2020/03/27 B. Property(s): PIN 58532 - 0275 Address COLDWATER Assessment - Roll No C. Address for Service: 148 Line 7 South Oro-Medonte ON LOL 2EO D. (i) Last Conveyance(s): PIN 58532 - 0275 Registration No. SC1670822 (ii) Legal Description for Property Conveyed: Same as in last conveyance? Yes ❑ No ✓❑ Not known ❑ E. Tax Statements Prepared By: Klaus Nick Jacoby 34 Clapperton St. Barrie L4M 3E7 t~ VA LRO # 51 Transfer Easement The applicant(s) hereby applies to the Land Registrar. Properties PIN 58532 - 0275 LT Interest/Estate Easement Description SERVIENT LANDS: LOT 10, PLAN 51M1181; ORO-MEDONTE Address COLDWATER IConsideration Consideration $2.00 ITransferor(s) The transferor(s) hereby transfers the easement to the transferee(s). Receipted as SC1670822 on 2020 03 27 at 12:44 yyyy mm dd Page 1 of 3 Name BRAESTONE DEVELOPMENT CORPORATION Address for Service 85 Bayfield Street, Suite 500 BARRIE ON L4M 3A7 I, J. David Bunston, Treasurer, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Transferee(s) Capacity Name THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Address for Service 148 Line 7 South Oro-Medonte ON LOL 2E0 Statements Schedule: See Schedules This document is being registered pursuant to Inhibiting Order SC1670749 registered on 2020/03/27 Signed By Kenneth Edward Bailey 85 Bayfield Street Suite 500 acting for Barrie Transferor(s) L4M 3A7 Tel 705-792-9279 Fax 705-730-1059 1 have the authority to sign and register the document on behalf of the Transferor(s). Margaret Jean Laurin 34 Clapperton St. acting for Barrie Transferee(s) L4M 3E7 Tel 705-726-0238 Fax 705-726-9197 1 have the authority to sign and register the document on behalf of the Transferee(s). ISubmitted By Kenneth E. Bailey Professional Corporation Tel 705-792-9279 Fax 705-730-1059 Fees/Taxes/Payment Statutory Registration Fee Provincial Land Transfer Tax Total Paid IFile Number Transferee Client File Number: JK-25310 85 Bayfeld Street Suite 500 Barrie L4M 3A7 $65.05 $0.00 $65.05 ✓� Add Easement Share I Signed 2020 03 27 Signed 2020 03 27 I 2020 03 27 O' ) LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 58532 - 0275 SERVIENT LANDS: LOT 10, PLAN 51M1181; ORO-MEDONTE BY: BRAESTONE DEVELOPMENT CORPORATION TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 1. ANDRIA LEIGH lam ❑ (a) A person In trust for whom the land conveyed in the above -described conveyance is being conveyed; ❑ (b) A trustee named in the above -described conveyance to whom the land is being conveyed; ❑ (c) A transferee named in the above -described conveyance; ✓❑ (d) The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE described in paragraph(s) (c) above. ❑ (a) The President, Vice -President, Manager, Secretary, Director, or Treasurer authorized to act for described in paragraph(s) (, above. ❑ (f) A transferee described in paragraph U and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: (a) Monies paid or to be paid in cash $2.00 (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) $0.00 (ii) Given Back to Vendor $0.00 (c) Property transferred in exchange (detail below) $0.00 (d) Fair market value of the land(s) $0.00 (a) Liens, legacies, annuities and maintenance charges to which transfer is subject $0.00 (f) Other valuable consideration subject to land transfer tax (detail below) $0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) $2.00 (h) VALUE OF ALL CHATTELS -items of tangible personal property $0.00 (i) Other considerations for transaction not included in (g) or (h) above $0.00 Q) Total consideration $2.00 4. Explanation for nominal considerations: o) Transfer of easement or right of way for no consideration. 5 The land is subject to encumbrance 6. Other remarks and explanations, if necessary 1. The information prescribed for purposes of section 5.0.1 of the Land Transfer Tax Act is not required to be provided for this conveyance. 2. The transferee(s) has read and considered the definitions of "designated land", "foreign corporation", "foreign entity", "foreign national', "specified region" and "taxable trustee" as set out in subsection 1(1) of the Land Transfer Tax Act. The transferee(s) declare that this conveyance is not subject to additional tax as set out in subsection 2(2.1) of the Act because: 3. (c) The transferee(s) is not a "foreign entity" or a "taxable trustee". 4. The transferee(s) declare that they will keep at their place of residence in Ontario (or at their principal place of business in Ontario) such documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes payable under the Land Transfer Tax Act for a period of at least seven years. 5. The transferee(s) agree that they or the designated custodian will provide such documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes payable under the Land Transfer Tax Act, to the Ministry of Finance upon request. PROPERTY Information Record A. Nature of Instrument: Transfer Easement LRO 51 Registration No. SC1670822 Date: 2020/03/27 B. Property(s): PIN 58532 - 0275 Address COLDWATER Assessment - Roll No C. Address for Service: 148 Line 7 South Oro-Medonte ON LOL 2E0 D. (i) Last Conveyance(s): PIN 58532 - 0275 Registration No. SC1670817 (ii) Legal Description for Property Conveyed: Same as in last conveyance? Yes ❑ No ✓❑ Not known ❑ E. Tax Statements Prepared By: Margaret Jean Laurin 34 Clapperton St. Barrie L4M 3E7 SCHEDULE 1. Transfer of Easement The Transferor does hereby transfer unto the Transferee, its successors and assigns, and those which may become entitled thereto, a Right -of -Way in the nature of an easement over, along, upon and through the Easement lands upon which the Transferor is to construct a municipal temporary turning circle terminating at the Northerly limit of Thoroughbred Drive as shown on Plan 51M1181 for use of the public for pedestrian and vehicular traffic; 2. Right of Ingress and Egress Together with the right of ingress and egress to, from and over the Easement lands for itself, its servants, agents, contractors, with or without vehicles, machinery and equipment for all purposes for the purpose of conducting inspections and tests as the Transferee deems necessary; 3. Release of Easement Riqhts Such Easement shall be in perpetuity until completion of the extension of Thoroughbred Drive and acceptance thereof by the Municipality as a public highway at which time the Transferor shall be entitled to a Release thereof from the Transferee. Until such time, no building operations, other than those required for the construction of the turning circle, shall be carried out by the Transferor on the Easement lands. 4. This is an Easement In Gross. LRO # 51 Transfer Easement The applicant(s) hereby applies to the Land Registrar. IProperties PIN 58532 - 0275 LT Interest/Estate Easement Description SERVIENT LANDS Receipted as SC1671532 on 2020 03 31 at 14:18 yyyy mm dd Pagel of 4 R] Add Easement PART WEST HALF LOT 3, CONCESSION 9 ORO DESIGNATED AS PART 1 AND 2 ON PLAN 51R-42440; ORO-MEDONTE TOGETHER WITH AN EASEMENT OVER SCP460 AS IN SC1595230; TOGETHER WITH AN EASEMENT OVER SCP465 AS IN SC1631380; Address COLDWATER IConsideration Consideration $2.00 ITransferor(s) The transferor(s) hereby transfers the easement to the transferee(s). Name BRAESTONE DEVELOPMENT CORPORATION Address for Service 85 Bayfield Street, Suite 500 Barrie ON L4M 3A7 I, J. David Bunton, Treasurer, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. ITransferee(s) Capacity Name THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Address for Service 148 Line 7 South Oro-Medonte ON LOL 2E0 IStatements Schedule: See Schedules This document is being registered pursuant to Inhibiting Order SC1670749 registered on 2020/03/27 1 Signed By Kenneth Edward Bailey 85 Bayfield Street Suite 500 acting for Barrie Transferor(s) L4M 3A7 Tel 705-792-9279 Fax 705-730-1059 1 have the authority to sign and register the document on behalf of the Transferor(s). Margaret Jean Laurin 34 Clapperton St. Barrie L4M 3E7 Tel 705-726-0238 Fax 705-726-9197 1 have the authority to sign and register the document on behalf of the Transferee(s). I Submitted By Kenneth E. Bailey Professional Corporation Tel 705-792-9279 Fax 705-730-1059 IFees/Taxes/Payment Statutory Registration Fee Provincial Land Transfer Tax Total Paid 85 Bayfield Street Suite 500 Barrie L4M 3A7 $65.05 $0,00 $65.05 acting for Transferee(s) Share I Signed 2020 03 31 Signed 2020 03 31 1 2020 03 31 rAd LRO # 51 Transfer Easement Receipted as SC1671532 on 2020 03 31 at14:18 The applicant(s) hereby applies to the Land Registrar. I Ffle Number Transferee Client File Number: JK-25310 yyyy mm dd Page 2 of 4 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 58532-0275 SERVIENT LANDS PART WEST HALF LOT 3, CONCESSION 9 ORO DESIGNATED AS PART 1 AND 2 ON PLAN 51R42440; ORO-MEDONTE TOGETHER WITH AN EASEMENT OVER SCP460 AS IN SC1595230; TOGETHER WITH AN EASEMENT OVER SCP465 AS IN SC1631380; BY: BRAESTONE DEVELOPMENT CORPORATION TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 1. ANDRIA LEIGH lam ❑ (a) A person in trust for whom the land conveyed in the above -described conveyance is being conveyed; ❑ (b) A trustee named in the above -described conveyance to whom the land is being conveyed; ❑ (c) A transferee named in the above -described conveyance; ✓❑ (d) The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE described in paragraph(s) (c) above. ❑ (a) The President, Vice -President, Manager, Secretary, Director, or Treasurer authorized to act for described in paragraph(s) (_) above. ❑ (0 A transferee described in paragraph L,) and am making these statements on my own behalf and on behalf of _ who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: 4. (a) Monies paid or to be paid in cash $2.00 (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) $0.00 (ii) Given Back to Vendor $0.00 (c) Property transferred in exchange (detail below) $0.00 (d) Fair market value of the land(s) $0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject $0.00 (0 Other valuable consideration subject to land transfer tax (detail below) $0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) $2.00 (h) VALUE OF ALL CHATTELS -items of tangible personal property $0.00 (i) Other considerations for transaction not included in (g) or (h) above $0.00 Q) Total consideration $2.00 Explanation for nominal considerations: o) Transfer of easement or right of way for no consideration. 5. The land is subject to encumbrance 6. Other remarks and explanations, if necessary. 1. The information prescribed for purposes of section 5.0.1 of the Land Transfer Tax Act is not required to be provided for this conveyance. 2. The transferee(s) has read and considered the definitions of "designated land", "foreign corporation", "foreign entity', "foreign national", "specified region" and "taxable trustee" as set out in subsection 1(1) of the Land Transfer Tax Act. The transferee(s) declare that this conveyance is not subject to additional tax as set out in subsection 2(2.1) of the Act because: 3. (c) The transferee(s) is not a "foreign entity" or a "taxable trustee". 4. The transferee(s) declare that they will keep at their place of residence in Ontario (or at their principal place of business in Ontario) such documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes payable under the Land Transfer Tax Act for a period of at least seven years. 5. The transferee(s) agree that they or the designated custodian will provide such documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes payable under the Land Transfer Tax Act, to the Ministry of Finance upon request. PROPERTY Information Record A. Nature of Instrument: Transfer Easement LRO 51 Registration No. SC1671532 Date: 2020/03/31 B. Property(s): PIN 58532 - 0275 Address COLDWATER Assessment - Roll No C. Address for Service: 148 Line 7 South Oro-Medonte ON LOL 2E0 D. (i) Last Conveyance(s): PIN 58532 - 0275 Registration No. SC1670850 (ii) Legal Description for Property Conveyed: Same as in last conveyance? Yes ❑ No E Not known ❑ E. Tax Statements Prepared By: Margaret Jean Laurin 34 Clapperton St. Barrie L4M 3E7 r,�N '"1 SCHEDULE 4. Transfer of Easement over Part West Half Lot 3. Concession 9 Oro beina Parts 1 and 2 on Reference Plan 51 R-42440 The Transferor hereby transfers unto the Transferee, the right and easement in gross and in perpetuity in, over, along, upon, under and through Part West Half Lot 3, Concession 9 Oro being Parts 1 and 2 on Plan 51 R-42440, Township of Oro-Medonte (the "Easement Lands") to construct, maintain, inspect, alter or remove, a plunge pool and all appurtenances thereto, including catch basins with grates, tees, ditches, culverts and pipes for stormwater drainage as may be required by the Transferee. 5. Riaht of Access and Eqress Together with the right, access and egress over the Easement Lands for itself, its servants, agents, contractors, sub -contractors with or without vehicles, machinery and equipment for all purposes in connection with or incidental to the exercise of the right and easement herein transferred as and from the date hereof and continuing in perpetuity. 6. Terms and Conditions The aforesaid right and Easement is herein granted and transferred on the following terms: (a) Riqhts of Transferor The Transferor shall have the right fully to use and enjoy the Easement Lands provided however that without the prior written consent of the Transferee, the Transferor shall not alter, remove or permit to be removed, any soil from the Easement Lands, nor shall the Transferor excavate, drill, install, erect or permit to be excavated, drilled, installed or erected in, over, upon, under or through the Easement Lands, any pit, well, foundation, pavement, building, or other structure. (b) Transferee's Riqhts Not to be Interrupted The Transferee in performing and observing the covenants and conditions on its part shall and may peaceably hold and enjoy the right and easement herein granted without hindrance, molestation or interruption on the part of the Transferor or of any person claiming by, through, under or in trust for the Transferor. (c) Restoration The Transferee agrees after it has performed any work on the Easement Lands to restore the surface as far as practicable to that prior to commencement of construction, with the finished grade to match the existing grade. (d) Additional Documents The Transferor will, if so requested by the Transferee, execute such further and other documents of title and assurances in respect of the Easement Lands as may be required and such documents shall be prepared at the expense of the Transferee. (e) Burdened and Benefited Lands This is an Easement in Gross. ka e R F F Z y 0 0 oo w OU x >Q z�ovl, o hp o N N N; O .. e O U,o i Z.F r i• Z L� Uo2 Q O .N O -3 U O a F- M 0 0 i.v Ra SE <6 phi P O M o V) m o a v O r J � _ Q o ^�.l I �. ,� ws�.zescry i Q {III x z w F o , N N W W Z e O U IF IIa3 16 ONV R SiOl N33M138 13NVMC IIV OVWJ IVNIOIa/ HIHON 8 WN n Ag") LRO # 51 Application To Delete Inhibiting Order Receipted as SC1672182 on 2020 04 02 at 10.23 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 1 IProperties I PIN 58532 - 0275 LT ✓� Affects Part of Prop Description LOTS 1 TO 20 INCLUSIVE AND BLOCKS 21 TO 23 INCLUSIVE, PLAN 51M-1181; ORO- MEDONTE; TOGETHER WITH AN EASEMENT OVER SCP460 AS IN SC1595230; TOGETHER WITH AN EASEMENT OVER SCP465 AS IN SC1631380 Address COLDWATER ISource Instruments I Registration No. Date Type of Instrument SC1670749 2020 03 27 Application For Inhibiting Order -Land Applicant(s) Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address for Service 148 Line 7 South Oro-Medonte ON LOL 2E0 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation by Andria Leigh, Director of Development Services. IStatements I All the conditions under the Inhibiting Order have been dealtwith and the Inhibiting Order can now be deleted. Signed By Klaus Nick Jacoby 34 Clapperton St. acting for Signed 2020 04 02 Barrie Applicant(s) L4M 3E7 Tel 705-726-0238 Fax 705-726-9197 1 have the authority to sign and register the document on behalf of the Applicant(s). ISubmitted By I Jacoby Arkell Professional Corporation 34 Clapperton St. 2020 04 02 Barrie L4M 3E7 Tel 705-726-0238 Fax 705-726-9197 IFees/Taxes/Payment Statutory Registration Fee $65.05 Total Paid $65.05 I File Number Applicant Client File Number: JK-25310 f LRO # 51 Notice Of Subdivision Agreement Receipted as SC1670767 on 2020 03 27 at 11:28 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 57 Properties I PIN 58532 - 0275 LT �✓ Redescription Description LOTS 1 TO 201NCLUSIVE AND BLOCKS 21 TO 23 INCLUSIVE, PLAN 51M1181; ORO- MEDONTE; TOGETHER WITH AN EASEMENT OVER SCP460 AS IN SC1595230; TOGETHER WITH AN EASEMENT OVER SCP465 AS IN SC1631380; Address COLDWATER IApplicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land. 1 Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address for Service 148 Line 7 South ORO-MEDONTE ON LOL 2E0 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation ANDRIA LEIGH, Director of Development Services. Party To(s) Capacity Share Name BRAESTONE DEVELOPMENT CORPORATION Address for Service 85 Bayfield Street, Suite 500 BARRIE ON LAM 3A7 Statements This notice is for an indeterminate period This document is being registered pursuant to Inhibiting Order SC1670749 registered on 2020/03/27 Schedule: See Schedules I Signed By Klaus Nick Jacoby 34 Clapperton St. Barrie L4M 3E7 Tel 705-726-0238 Fax 705-726-9197 1 have the authority to sign and register the document on behalf of the Applicant(s). Kenneth Edward Bailey 85 Bayfield Street Suite 500 Barrie L4M 3A7 Tel 705-792-9279 Fax 705-730-1059 1 have the authority to sign and register the document on behalf of the Party To(s). I Submitted By Kenneth E. Bailey Professional Corporation Tel 705-792-9279 Fax 705-730-1059 IFees/Taxes/Payment Statutory Registration Fee Total Paid IFile Number Applicant Client File Number: JK-25310 85 Bayfield Street Suite 500 Barrie L4M 3A7 $65.05 $65.05 acting for Applicant(s) acting for Party To(s) I Signed 2020 03 27 Signed 2020 03 27 1 2020 03 27 W r'1 ��� Towash p o% //� Proud Heritage, Exciting Future SUBDIVISION AGREEMENT Pursuant to Sections 51(26) and 51 (27) of the Planning Act. R.S.O. 1990 c. P. 13 - between - BRAESTONE DEVELOPMENT CORPORATION - and - THE CORPORATION OF THE TOWNSHIP OF ORO—MEDONTE DESCRIPTION OF LANDS PCL 2-1 SEC 51-ORO-9; LOT 3 CONCESSION 9 ORO BEING THE E11/2 & W1/2; LOT 2 CONCESSION 9 ORO BEING THE E1/2 & W1/2; PART 1 PLAN 51 R21804, EXCEPT PART 1 PLAN 51 R28741 & EXCEPT PLAN 51 M1070 & 51 M1113; SAVING AND RESERVING FROM THE E11/2 LOT 2 CONCESSION 9, ALL MINES AND MINERALS, WHETHER SOLID, LIQUID OR GASEOUS, WHICH MAY BE FOUND TO EXIST WITHIN, UPON OR UNDER SUCH LANDS; TM FULL POWER TO WORK THE SAME AND FOR THIS PURPOSE TO ENTER UPON, USE AND OCCUPY THE SAID LANDS OR SO MUCH THEREOF AND TO SUCH EXTENT AS MAY BE NECESSARY FOR THE EFFECTUAL WORKING AND EXTRACTING OF THE SAID MINERALS, AS DESCRIBED IN OR017078; SUBJECT TO AN EASEMENT IN GROSS OVER PART E1/2 LOT 2 CONCESSION 9 ORO, PART 1 PLAN 51 R40262 AS IN SC1266952; TOGETHER WITH AN EASEMENT OVER SCP460 AS IN SC1595230; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE AS IN SC1615649 BEING ALL OF PIN 58532-0275 LT PrAr December 4, 2019 By -Law No. 2019-123 t } TOWNSHIP OF ORO-MEDONTE SUBDIVISION AGREEMENT TABLE OF CONTENTS Part 1 General Requirements Part 2 The Lands, Plans and Representations Part 3 Pre -Construction Requirements Part 4 Financial Requirements Part 5 Phasing of the Subdivision Part 6 Construction Requirements Part 7 Building Permits and Occupancy Part 8 Substantial Completion and Maintenance, and Acceptance and Final Assumption Part 9 Default Provisions SCHEDULES Schedule "A" - Description of Lands Affected by this Agreement Schedule "B" - Plan of Subdivision Schedule "C" - Deeds and Easements to be Conveyed Schedule "D" - Development Charges Schedule "E" - Standard Township Letter of Credit (Irrevocable) Schedule "F" - Parkland Dedication / Cash in Lieu Schedule "G" - Servicing Works to be Constructed Schedule "H" - Itemized Cost Estimate of Servicing Works Schedule "I" - Declarations of Progress and Completion Schedule "J" - Winter Road Maintenance Schedule "K" - Master Monitoring Document Schedule "L" - List of Lots Requiring Special Attention Schedule "M" - Form of No Occupancy Agreement 2 r'` TOWNSHIP OF ORO-MEDONTE THIS AGREEMENT made as of the 4th day of December, 2019. BETWEEN: BRAESTONE DEVELOPMENT CORPORATION (hereinafter called the "Developer") AND: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called the "Township") WHEREAS the lands affected by this Agreement are the lands described in Schedule "A" hereto annexed, and are also shown on the Plan of Subdivision attached to and forming part of this Agreement as Schedule "B" and collectively are herein referred to as the "said lands'; AND WHEREAS a Draft Plan with Conditions (43T-91031) have 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: 3 W PART-1 GENERAL REQUIREMENTS 1.1 REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT Prior to the execution of this Subdivision Agreement the Developer shall: 1.1.1 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. 1.1.2 Taxes -have paid all Township tax bills issued / outstanding against said lands. 1.1.3 Deeds and Easements -have delivered to the Township all transfers/deeds, discharges and easements or other documents required by Schedule "C", 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. 1.1.4 Cash Deposits, Development Charaes and Securitv. - have paid to the Township all cash deposits, development charges and security required by Schedules "D", "F" and "H". 1.1.5 Insurance Certificate - have filed with the Township Clerk, an insurance certificate confirming those coverages specifically set out hereafter. 1.1.6 Postponement Mortaage/Charge —have filed with the Township's Solicitor, for their approval, a postponement of Mortgage/Charge document. 1.1.7 Developer's Consultina Enaineer — Letter of Retention - 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. 1.1.8 Lot Sizes— have filed 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. 1.1.9 Engineering Plans. Details and Specifications - have supplied to the Township, those Plans and Specifications necessary to identify the engineering design aspects of the proposed development, found in the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards, and have received an acknowledgment of conformity with design concepts from the Township. 1.1.10 Mvlar Drawings - provided for registration, Mylar Drawings of all M Plans. 1.1.11 Electrical Distribution Utility - have supplied to the Township for approval, those plans necessary to identify the electrical distribution system, power supply to each lot, building or unit and street lighting requirements, as per the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards and the cable Electrical Distribution Utility write a letter to the Township Clerk confirming that: 1.1.11.1 They have been informed of the project and have seen the development plans. 1.1.11.2 Satisfactory arrangements have been made with them for servicing the subdivision without expense or obligation on the part of the Township. 1.1.11.3 Easement requirements, if any. 1.2 1.1.12 Telephone, Natural Gas and Cable TV Utilities Suppliers— have arranged for Bell Telephone, the Natural Gas Utility, and the cable T.V. utility write a letter to the Township Clerk confirming that: 1.1.12.1 They have been informed of the project and have seen the development plans. 1.1.12.2 Satisfactory arrangements have been made with them for servicing the subdivision without expense or obligation on the part of the Township. 1.1.12.3 Easement requirements, if any. 1.1.13 Canada Post / Community Mail Boxes — have arranged for Canada Post to write a letter to the Township Clerk confirming that: 1.1.13.1 They have been informed of the project and have seen the development plans. 1.1.13.2 They have filed with the Township, a Plan showing the location of, and access to, community mail boxes to their satisfaction and satisfactory arrangements have been made without expense or obligation on the part of the Township. 1.1.13.3 Easement requirements, if any. 1.1.14 Nottawasaga Vallev Conservation Authoritv - have filed with the Township, a certificate from the Nottawasaga Valley Conservation Authority that the Developer shall carry out all the servicing works and recommendations approved in all the reports required by the Nottawasaga Valley Conservation Authority. 1.1.15 Fire Chief Approval — have obtained 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. 1.1.16 Approvals — have obtained and filed with the Township, confirmation of approvals from the following: 1.1.16.1 Ontario Ministry of the Environment, Conservation and Parks 1.1.16.2 Ontario Ministry of Natural Resources and Forestry 1.1.16.3 Ontario Ministry of Tourism, Culture and Sport 1.1.16.4 Township of Oro-Medonte 1.1.16.5 County of Simcoe 1.1.16.6 Simcoe County District School Board 1.1.16.7 Simcoe Muskoka Catholic District School Board 1.1.16.8 Electrical Distribution Authority (Hydro 1) 1.1.16.9 Nottawasaga Valley Conservation Authority DEVELOPER'S CONSULTING ENGINEER The Developer shall employ a Professional Engineer (P.Eng), licensed by and be in good standing with the Association of Professional Engineers of Ontario (PEO). The Engineer or Engineering Consulting firm shall have a Certificate of Authorization (C of A) to provide professional engineering services to the public: A Letter of Retention from a qualified Professional Engineer (P.Eng.) experienced in the field of Municipal Engineering Servicing Design confirming that their Engineering Consulting firm has been retained by the Developer to act as Consulting Engineers for Braestone Development Corporation. 1.2.1 Terms of Retainer - The terms of the Engineering Consulting retainer with the Developer shall be as follows: r'1 i. Contract Administration and Representation - To prepare the necessary contract(s) and provide contract administration on behalf of the Developer and to act as the Developer's representative in all matters pertaining to the subdivision; ii. Design Drawings, Details and Specifications - Prepare and furnish all required design drawings, details and specifications in accordance with the Township of Oro-Medonte Development Engineering Policies, Process and Design (April 2016); iii) Cost Estimates - Prepare cost estimates for the Township services to be constructed in accordance with the design drawings, details and specifications; iv) Approvals - Obtain all necessary approvals in conjunction with the Township, from the Township of Oro-Medonte water and sewage approval authority, Ministry of the Environment and Climate Change, Simcoe County District School Board and Simcoe Muskoka Catholic District School Board, Nottawasaga Valley Conservation Authority / Lake Simcoe Region Conservation Authority, Canada Post, Electricity and Natural Gas utility companies, and all other agencies (as required) v) Erosion and Siltation Control - Ensure all necessary precautions and maintenance actions are taken to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream, prior to and during construction in accordance with the Township of Oro-Medonte Development Engineering Policies, Process and Design (April 2016); vi On -Site Supervision and Inspections - Provide supervision and all on -site inspections at all times during the construction of Township service installations to ensure that the work involved in construction of the services is carried out by construction methods conforming to acceptable engineering and construction practices; vii) Scheduling - Ensure scheduling complies with the timing provisions of this Agreement and the requirements of the Township's Engineering Consultant and/or Manager, Development Engineering, for all the servicing works specified in this Agreement; viii) Co-ordination - Co-ordinate the installation of Township services to avoid conflicts with regards to telephone, cable T.V., and Township services; ix) Records Maintenance - Maintain records of all construction inspections and certifications and make available for inspection or copy by the Township and/or the Townships Engineering Consultant; x) As -Constructed Drawinqs - Prepare and submit certified final "As - Constructed" drawings which shall include the following with regard to provision of a digital Plan of Subdivision after the acceptance of the Township services. Change in Retainer — If at any time during the project: The terms of the Engineering Consulting retainer are changed by the Developer, or; ii) If they become aware that the Consulting Engineer will not be able to provide "As -Constructed" drawings, the Developer's Engineering Consultant shall notify the Township within twenty-four (24) hours. r ,"� 1.2.2 Diaital Submission of Enaineerina Drawinas Completed digital Plan of Subdivision engineering drawings must be prepared using the Township of Oro-Medonte Standard CAD format and shall use the Township's Standard Symbol, Line Type, Line Thickness and Layering Scheme shall be followed for all Drawings. 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 will outline the property boundaries in the form of enclosed polygons. LAYER 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 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. All line data depicting property boundaries must be mathematically closed to form polygons. 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". Two (2) copies of each digital Plan of Subdivision design set are required on separate CDs or DVDs in both AutoCAD drawing format in an AutoCAD version acceptable to the Township and in PDF format. Each CD ROM or DVD must be labeled identifying the legal property description, developer's name, file name, and date delivered. It is the Developer's responsibility to ensure that all drawing changes occurring throughout the approval process are incorporated into the digital submission. 1.2.3 Lot Grading Certification The Developer's Consulting Engineer shall furnish the Township with the following Letters of Certification: a) A letter to the Manager of Development Engineering for each Engineered Lot Grading 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 Lot Grading Plan or with an approved variation; b) A letter to the Chief Building Official - 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 the Township's Engineering Consultant; r^ '0) c) A letter certifying the final grade elevation and Lot Development Plan, for each lot or block within the plan indicating that the property has been developed in conformity with the Engineered Lot Grading Plan or with an approved variation; NOTE: That a Professional Engineer, Ontario Land Surveyor or Certified Engineering Technologist could also be retained to provide the aforementioned 1.1.3 a), b), or c). Any cost 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 1.1.3 a), b), or c), which may be provided by a Professional Engineer, Ontario Land Surveyor or Certified Engineering Technologist other than the Developer's Consulting Engineer, however if the Township's Engineering Consultant prepares 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. 1.3 LEGAL NOTICE TO DEVELOPER Any notice required to be given hereunder may be given by registered mail addressed to the Developer at his principal place of business and shall be effective as of the date of the deposit thereof in the post office, as follows: Braestone Development Corporation 85 Bayfield Street, Suite 500 Barrie, Ontario L4M 3A7 Or by Facsimile Transmission to: (705) 730-1059 In which case, notice shall be effective as of the time and date of successful transmission thereof. The Developer shall be responsible for notifying the Township Clerk, in writing, of any change(s) in his principal place of business. 1.4 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. 1.5 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. 1.6 MORTGAGEE BECOMING DEVELOPER The mortgagee(s) hereby agrees that in the event the mortgagee(s) becomes 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 the mortgagee(s) shall be subject to the terms of the Agreement as though the mortgagee(s) had executed this Agreement in the capacity of the Developer. 1.7 ASSIGNMENT OR TRANSFER OF MORTGAGE The mortgagee(s) agrees that in the event of their assigning or transferring the mortgage(s) on the lands, the assignment(s) or transfer(s) shall be subject to the terms r ,n id hereof, in the same manner as if the assignee or transferor has executed this Agreement. 1.8 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 Planninq 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. 1.9 EASEMENTS 1.9.1 The Developer agrees to grant, at his expense, all such easements, rights -of -ways and access or servicing blocks as may be required for the installation and supply of Municipal Services to the subdivision or provide Emergency Service Access (Fire, Police, Ambulance) and to deed lands to the Township, as set out in Schedule "C". The Developer also agrees to certify good title to easements, rights -of -ways and access or servicing blocks by the Developer's solicitor. Prior to executing this Agreement, all known easements, rights -of -ways and access or servicing blocks shall be filed with the Township in a form approved by the Township's Solicitor. A list of easements, rights -of -ways and access or servicing blocks shall be set out in Schedule "C" 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. 1.9.2 Future land convevance to Township The Developer acknowledges and agrees that the easement described as Part 1 of Plan 51 R- in favour of the Township, for drainage and maintenance of a plunge pool, is external to this Plan of Subdivision and shall in the future be required to be conveyed to the Township as a Stormwater Management Block as part of any future Plan of Subdivision on the lands containing the plunge pool. 1.10 ELECTRICAL. NATURAL GAS. TELEPHONE and CABLE TV UTILITIES, Prior to the Township releasing this proposed Plan for registration, the Developer shall provide the Township with a letter from the electrical utility supplier, natural gas utility supplier, telephone utility supplier and cable utility supplier, stating that the Developer has entered into satisfactory arrangements with the electrical utility supplier, natural gas utility supplier and the telephone utility supplier 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. /', 10"1 1.11 SIMCOE COUNTY BOARDS OF EDUCATION ADVISEMENT 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. 1.12 CANADA POST The Developer agrees to construct mailbox laybys as detailed on the engineering drawings as per Section 3.11 Utility Coordination (3.11.1.1 Canada Post), 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. 1.13 PRIVATE SEWAGE DISPOSAL SYSTEMS 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. 1.14 MINISTRY OF ENVIRONMENT, CONSERVATION AND PARKS 1.14.1 The Developer and each individual lot owner, agrees to comply with the requirements and recommendations of the Hydrogeologist's Report, July 1990, Buffalo Spring Hydrologic Site Assessment, Henderson Padden & Associates Limited and a Supplement Hydrologic Investigation Ground Water Quality and Nitrate Impact Assessment, Jagger Hims Limited, March 1992. 1.14.2 The Developer and the Township agrees to comply with the recommendations of the Water Supply report entitled, "Application for Permit To Take Water - Communal Water Supply Wells", Jagger Hims Limited, May 2008 (File 04- 91340.03) and Ministry of Environment Permit to take Water No.4076-7HFJB6 dated August 22, 2008. 1.14.3 The Developer agrees to restricting the maximum sewage flow for the proposed Recreation Centre to 4,500 litres per day to the satisfaction of the Township and the Ministry of Environment. 1.15 ENVIRONNMENTAL LONG-TERM MONITORING 1.15.1 The Developer shall carry out any monitoring required, as set out in the "2008 Master Monitoring Document Buffalo Springs Property prepared by Michalski Nielsen dated Revised July 2009", and the "2013 Master Monitoring Report Braestone project" prepared by Beacon Environmental dated December 2013 and Revised April 2014, attached to this Agreement as Schedule 'W'. 1.15.2 The Developer will guarantee the operation and funding of the monitoring program, to the fixed amount of $225.00 per lot, upon the sale of each lot, until two years after the completion of the subdivision works and until such time as 50 percent of the lots are developed. The Developer will guarantee the operation and funding of the monitoring program by providing an amount of $225.00 per lot upon the sale of each lot to the Treasurer of the Township of Oro-Medonte and that such money will be held in a special fund to be 10 available for monitoring and for any remedial works which are required to protect the wetlands from impacts generated from the development. 1.15.3 The Developer agrees to advise all prospective purchasers that a "Homeowner's Environmental Stewardship Guide", dated February 25, 2008 from Stantec Consulting Limited has been prepared for their consideration. The Developer further agrees to attach the "Homeowner's Environmental Stewardship Guide" to each Offer of Purchase and Sale. The "Homeowner's Environmental Stewardship Guide" will be available for review at the Township of Oro-Medonte Administration Centre. 1.15.4 The Developer agrees to collecting, analyzing and interpreting baseline data adjacent to the environmentally sensitive lands, as referenced in Schedule "K", in accordance with the Master Monitoring Document. The monitoring program will continue until two years after the completion of the subdivision servicing works and until such time as 70% (seventy per cent) of the lots are developed. 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. 11 n 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 herein after referred to. 2.4.2 The Plans and Specifications submitted to and accepted by the Township as being within the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards including, without limiting the generality of the foregoing, the Drawings listed in Schedule "G" of this Agreement, along with the Stormwater Management Report dated May 15, 2019, prepared by C. C. Tatham & Associates Ltd; and stamped "Accepted for Construction" by the Township's Engineering Consultant, on February 20, 2019. The Enaineerinq Design Drawings (as a minimum) are as follows: Description • Title Page / List of Drawings • Proposed Legal Plan for Registration - showing all lot, block and proposed easement numbering and dimensions • General Servicing Plan(s) • Composite Utility Plan(s) • Overall Site Grading Plan(s) • Preliminary Lot Grading Plan(s) • Stormwater Drainage Design • Stormwater Retention Pond Design • Sanitary Collection Design • Water Distribution Design • Plan and Profile Drawings • Electrical Design and Streetlighting Plan(s) • Erosion Sediment and Silt Control Plan and Detail Drawings • Standard and Special Details Drawings • Landscape and Streetscape Plan(s) • Parkland Development Plan(s) • Grading Plan(s) for Park and/or School Blocks Refer to Schedule "G" for a complete list of Drawings 12 51111111 '1 2.4.3 All Plans and Specifications submitted to and accepted by: 2.4.3.1 Ministry of the Environment, Conservation and Parks 2.4.3.2 Electrical Distribution Utility 2.4.3.3 Township of Oro-Medonte 2.4.3.4 Ministry of Natural Resources and Forestry 2.4.3.5 County of Simcoe 2.4.3.6 Nottawasaga Valley Conservation Authority 2.4.4 All applicable Township By -Laws, including any applicable Site Plan Control By-laws. 2.4.5 All applicable Provincial and Federal Legislation and also including the Federal Fisheries Act. 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 servicing 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" - Deeds and Easements to be Conveyed Schedule "D" - Development Charges Schedule "E" - Standard Township Letter of Credit (Irrevocable) Schedule "F" - Parkland Dedication / Cash in Lieu Schedule "G" - Servicing Works to be Constructed Schedule "H" - Itemized Cost Estimate of Servicing Works Schedule T' - Declarations of Progress and Completion Schedule "J" - Winter Road Maintenance Schedule "K" - Master Monitoring Document Schedule "L" - List of Lots Requiring Special Attention 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's Engineering Consultant. 13 e) PART-3 PRE -CONSTRUCTION REQUIREMENTS 3.1 PRIOR TO STARTING CONSTRUCTION Prior to starting construction of the subdivision servicing works, the Developer shall: 3.1.1 Pre-Servicina Obtain a Pre -Servicing Agreement, if necessary, prior to registration of the Plan of Subdivision. 3.1.2 Plan Reaistration Obtain final approval of the Plan from the Township of Oro-Medonte and obtain registration of the Plan. 3.1.3 Approval of Engineerina Design Drawinqs The Developer and the Developer's Engineering Consultant(s) shall have the Engineer Design Drawings Details and Specifications for the servicing works approved by the Township's Engineering Consultant and/or Manager, Development Engineering prior to construction and the originals must be stamped as accepted by the Township's Engineering Consultant. 3.1.4 Environmental Compliance Approval Submit to the Township, the Ministry of the Environment, Conservation and Parks, Environmental Compliance Certificate for Water Distribution servicing works (Number dated ) and Storm Sewer works and Stormwater Management Facilities (Number 3211-B9YS7J, dated June 24, 2019). 3.1.5 Contractors and Sub -Contractors The said services shall be installed by a contractor or contractors retained by the Developer and approved, in writing, by the Township's Engineering Consultant and/or Manager, Development Engineering. The Township and the Township's Engineering Consultant are to be provided with the names and phone numbers of personnel responsible for the servicing works, including emergency phone numbers. 3.1.6 Schedule of Servicing Works Prior to the start of construction, the Developer shall supply for the Township's Engineering Consultant and/or Manager, Development Engineering, approval of a Schedule of Servicing Works, setting out the order in which the various sections of the servicing works within the Plan of Subdivision will be built. The Township's Engineering Consultant and/or Manager, Development Engineering may amend this Schedule and the Developer shall construct, install or perform the servicing works as the Township's Engineering Consultant and/or Manager, Development Engineering, 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 3.1.10. 3.1.7 Stormwater Management A stormwater management report shall be prepared by the Developer's Consulting Engineer for approval by the Township's Engineering Consultant and/or Manager, Development Engineering and the Nottawasaga Valley Conservation 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. 14 This report must deal with post development stormwater quantity and quality and shall conform to Ministry of Environment Interim Stormwater Quality Guidelines. 3.1.8 Erosion and Siltation Control The Developer shall 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 paying all maintenance costs resulting there from. A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's Consulting Engineer for approval by the Township's Engineering Consultant and/or Manager, Development Engineering and the Nottawasaga Valley Conservation Authority / Lake Simcoe Region Conservation Authority. Prior to any earth works, grading or construction commencing on the site or final approval and registration of the subdivision, the Developer's Consulting Engineer shall submit the Plan for approval by the Township's Engineering Consultant and/or Manager, Development Engineering and the Nottawasaga Valley Conservation Authority / Lake Simcoe Region Conservation Authority. The Plan shall detail the means whereby erosion and 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 and Climate Change / Ministry of Natural Resources and Forestry 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 Consulting Engineer and provided to the Township's Engineering Consultant and/or Manager, Development Engineering and the Nottawasaga Valley Conservation Authority / Lake Simcoe Region Conservation Authority. The Developer agrees to maintain all erosion and siltation control devices in good repair during construction and until such time as the Subdivision is Assumed by the Township. 3.1.9 Signs Signs at least 1.2 metres by 1.8 metres shall be provided and erected by the Developer at each entrance to the subdivision, at a location approved by the Township's Engineering Consultant and/or Manager, Development Engineering, and the signs shall read as follows: 1. 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 Acceptance and Final Assumption. 2. PROJECT NAME, DEVELOPER'S NAME and PHONE #, DEVELOPER'S ENGINEERING CONSULTANT'S NAME and PHONE # DEVELOPER'S GENERAL CONTRACTOR'S NAME and PHONE # These signs shall be installed prior to the commencement of construction and be removed after the issuance of the Certificate of Acceptance and Final Assumption. 15 r` 1' ) 3.1.10 Notification of Commencement and Completion The Developer shall not commence the construction of any of the servicing works until the Developer has provided forty-eight (48) hours written notice to the Township's Engineering Consultant and/or Manager, Development Engineering, of his intent to commence work. The Developer shall complete the municipal servicing 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. All municipal services shall be installed in accordance with the Declaration of Progress and Completion, as required under Clause 6.12 of this Agreement, but no longer than two years from the date of registration of this Agreement, unless extended by the Township's Engineering Consultant and/or Manager, Development Engineering. 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 tc the Township's Engineering Consultant and/or Manager, Development Engineering 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: Issue a Stop Work Order 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 2. Issue a Stop Work Order 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. 3.2 ESTABLISHMENT OF A CORPORATION The Developer shall establish a Resident's Corporation to which wetland blocks be conveyed to said corporation. Initially shares in the Corporation shall be held by the Developer and shares shall be transferred to each lot owner upon closure of the lot sale. The lot owners, through the Resident's Corporation are thereafter responsible for the management and protection of the wetlands in its possession under the supervision of the Ministry of Natural Resources. The Corporation shall ensure that the wetlands are utilized for those purposes expressively permitted in the implementing Zoning By-law. The appropriate common elements condominium plan shall be registered after the registration of the required M-Plan of the subdivision. No Occupancy Certificate for a building permit shall be issued in accordance with Section 8.6 of this Agreement until such time as the Resident's Corporation has been established and the require Common Elements Condominium Plan has been registered. The Developer shall convey the wetland blocks to the Resident's Corporation established in the first phase of registration or a conservancy or similar land stewardship interest (public or private) as approved by the Township. 3.3 BREACH OF CONTRACT If the Developer commences or causes construction of the servicing works prior to satisfying the requirement of this Agreement, it shall be subject to the penalties identified in Part 9 of this Agreement. 16 W PART-4 bil FINANCIAL REQUIREMENTS 4.1 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. 4.2 TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS The Developer agrees to pay to the Township, the cost of the Township's lawyer and Planner for all costs involved in processing the subdivision and of the Township's Engineering Consultant for engineering design review 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's 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. 4.3 DEVELOPER'S LIABILITIES Until the Township has issued the Certificate of Acceptance and Final Assumption for the servicing 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. 4.4 UTILITY COSTS AND CHARGES The Developer shall deal directly with all Utility companies. The Developer or their Consulting Engineer shall obtain all approvals and permits and pay all fees and utility charges directly to the Utility until the Certificate of Acceptance and Final Assumption 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. 4.5 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. 17 Pr 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 "D" of this Agreement. NOTE: In addition to the Municipal Development Charges, the lots may be subject to County of Simcoe development charges, Simcoe County Boards of Education development charges and applicable development charges of any Public Utility. 4.6 SECURITIES Prior to signing the Subdivision Agreement, the Developer will deposit with the Treasurer of the Township to cover the faithful performance of the contract for the installation of the said services and the payment of all obligations arising thereunder, the following securities: a) Cash in the amount of one -hundred percent (100%) of the estimated cost of the said work as approved by the Township's Engineering Consultant and/or Manager, Development Engineering and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "D" with an automatic renewal clause, in the amount of one hundred percent (100%) of the estimated costs of the said servicing works, as set out in Schedule "H" and as approved by the Township's Engineering Consultant and/or Manager, Development Engineering. 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 servicing works, as set out in Schedule "H", will be reviewed and updated by the Township's Engineering Consultant and/or Manager, Development Engineering 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's Engineering Consultant and/or Manager, Development Engineering, 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's Engineering Consultant and/or Manager, Development Engineering, 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 Consulting Engineer shall submit an estimate of the cost of the servicing works to the Township's Engineering Consultant and/or Manager, Development Engineering for approval. When the cost estimate has been approved, it will be set out in Schedule "H" 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 "H" 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. 18 eo�N 1') d) Application — any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter, which under the terms of this Agreement, is the responsibility of the Developer, including, without limiting the generality of the foregoing, payment of Engineering, legal, Planning, and Development Charges, or other costs incurred by the Township, which are the responsibility of the Developer under the terms of this Subdivision Agreement, as well as development charges and costs to acquire lands or interest therein. e) Default — if, in the event of default of the Developer under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township (its servants, agents or sub -contractors) shall, if the Township so elects, have the right and privilege at all times to enter upon the said lands for the purpose of repairing or completing any work or services required to be completed by the Developer under this Agreement. f) Exceedinq 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 (including all maintenance and warranty periods), be returned to the issuing financial institution for transmission to that party that took out the original Letter of Credit. 4.7 DISCHARGE OF SECURITIES 4.7.1 Estimated Cost of Servicing Works - after 70% (seventy per cent) of the servicing works being completed, based on the total estimated cost of the servicing works for the subdivision or in the approved phase 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's Engineering Consultant and/or Manager, Development Engineering, to obtain reductions of the cash or Letter of Credit deposited for the installation of servicing works, in increments of not less than ten percent (10%). Upon application for reduction of the securities, the Developer's Consulting Engineer shall provide an estimate of the cost to complete the servicing works. The Township's Engineering Consultant and/or Manager, Development Engineering will review the submitted estimate, and then make a recommendation as to the amount to be retained to the Director of Development Services for approval. The amount of servicing works not completed shall be retained along with twenty percent (20%) of the completed servicing works estimate with the remainder released. 19 rr ,, A further ten percent (10%) of the completed servicing works 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. 4.7.2 Final Occupancv 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 Engineered Lot Grading Plan and approved by the Manager, Development Engineering or Township's Engineering Consultant, the balance of the deposit shall be returned. 4.8 STATUTORY DECLARATION OF ACCOUNTS PAID The Developer agrees that upon applying for a Discharge of Securities or for a Certificate of Substantial Completion and Maintenance or for a Certificate of Acceptance and Final Assumption 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. 4.9 PLEDGE OF TITLE TO LANDS The Developer hereby charges and pledges as security for all costs, charges, expenses or obligations of the Developer under the provisions of this Subdivision Agreement all of its right, title and interest in the said lands, and consents to the registration of this Subdivision Agreement against title to the said lands. 4.10 INSURANCE CERTIFICATE AND POLICY 4.10.1 Insurance Policv - 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. 4.10.2 Comprehensive General Liability/Environmental Impairment - such policy shall carry limits of liability in the amount to be specified by the Township, but in no event shall it be less than FIVE MILLION DOLLARS ($5,000,000.00) inclusive comprehensive general liability, environmental impairment liability in an amount not less than FIVE MILLION DOLLARS ($5,000,000.00), and such policy shall contain: a) a cross -liability clause; b) product/completed operation coverage; c) shall not have an exclusion pertaining to blasting, provided that any blasting required shall be undertaken by an independent contractor; d) shall include the following names as insured's: (i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (ii) OTHERS "As Applicable" 4.10.3 Notice of Cancellation - a provision that the insurance company agrees to notify the Township within fifteen (15) days in advance of any cancellation or 20 r�' 101 expiry of the said insurance policy. 4.10.4 Certificate of Coveraae - 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. 4.10.5 Confirmation of Premium Pavment - 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. 4.10.6 Claim in Excess of Policv 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. 21 rAd 7T:7iM e'1 PHASING OF THE SUBDIVISION 5.1 PHASING The Township, at its sole discretion, may instruct the Developer to construct the services in particular phases suitable to the Township, and the Developer must comply on terms to be agreed to by the Township. If the Township does not so instruct, the Developer, before commencement of any work, may request the Township's permission to divide the area of the subdivision into convenient phases. If the work is thus phased, as approved by the Township, then in lieu of furnishing cash payment or Letter of Credit, all as set out in Clause 4.6 for one hundred percent (100%) of the estimated costs, as approved by the Township's Engineering Consultant and/or Manager, Development Engineering, the Developer shall deposit security for part of the services the Township has approved. Before proceeding with an additional phase, the Developer shall obtain the written approval of the Township and no service will be permitted to be installed and no Building Permits issued until this approval has been received and additional securities deposited. When 70% (seventy per cent) of the lots of the subdivision or phases of the subdivision have been built upon and all the services have not been completed and approved by the Township's Engineering Consultant and/or Manager, Development Engineering, the Township reserves the right to refuse commencement of the next phase until all services have been installed and approved. In no event will further subdivisions of the Developer or phases of subdivisions of the Developer be approved if all services of the active phase approved by the Township's Engineering Consultant and/or Manager, Development Engineering have not obtained the Certificate of Substantial Completion and Maintenance within a two (2) year period after registration of this Agreement. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least 70% (seventy per cent) of the lots on the subdivision or phase 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 subdivision is to be developed in the following Phases: Phase 2 Groups A and B Lots 1 to 20, Plan 51 M Wil PART-6 CONSTRUCTION REQUIREMENTS 6.1 SERVICING WORKS TO BE INSTALLED The servicing works to be installed are set out in Schedule " G" to this Agreement. This Schedule is to set out the servicing works in general terms only and shall not be construed as covering all items in detail. The servicing works are to be designed and constructed in accordance with the current Township of Oro-Medonte Development Engineering Policies Process and Design Standards adopted by By-law at the time of signing of the Subdivision Agreement. A copy of these standards are available at the Municipal Office and al www.oro-medonte.ca. If at any time, and from time to time during the development of the subdivision, the Township's Engineering Consultant and/or Manager, Development Engineering is of the opinion that additional servicing works are necessary to adequately provide any of the public services required by the Plan of Subdivision, the Developer shall construct, install or perform such additional servicing works at the request of the Township's Engineering Consultant and/or Manager, Development Engineering. 6.2 CONSTRUCTION OF SERVICING WORKS Following the registration of this Agreement, the Developer shall cause to be constructed, all requisite servicing 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 and supply a Tree Preservation Plan as appropriate. If, in the opinion of the Township's Engineering Consultant and/or Manager, Development Engineering, 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 issuing 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 shall not continue and the Developer/Builder agrees to carry out remedial work required by the Township. The Developer agrees to provide a copy of this clause to each and every prospective builder/prospective purchaser. 23 rN e'1 [-7 6.7 09 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 Prior to grading of any lot or the Township giving its release for registration, the Developer shall prepare a Tree Preservation Plan for the lot to the satisfaction of the Township and the Ministry of Natural Resources and Forestry. 6.4.4 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. 6.4.5 In addition, the Developer shall plant trees with the above specifications at 15 metre intervals around the perimeter of the park, if one is to be located within the plan, in areas where there is not sufficient growth of trees. ADDITION OR REMOVAL OF FILL The Developer covenants and agrees that the Developer shall not add, nor permit to be added, any fill or debris on, nor shall the Developer 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. BLASTING Before any blasting is proceeded with by the Developer, the Developer shall obtain from the Township's Engineering Consultant and/or Manager, Development Engineering or Township Operations Department Official, written permission for carrying out the blasting operation, and show proof of insurance for all damage or claims for damage resulting from the blasting operation. Regardless of whether the blasting is carried out by a subcontractor, the Developer, in any event, shall be responsible for any such claims. ACCESS ROADS All access roads must be maintained by the Developer in good repair acceptable to the Township's Engineering Consultant and/or Manager, Development Engineering and the Township Operations Department during the time of construction, including dust control and the removal of any mud or debris tracked from the subdivision, and no roadway outside the limits of the proposed subdivision may be closed without the written consent of the Township Operations Department. For the purpose of obtaining such consent, the Developer shall advise the Township Operations Department and the Township Clerk of the date and time they wish to close a roadway. The Township reserves the right to limit or prohibit the use of any existing access road by the Developer. 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 Consulting Engineer shall arrange for an inspection with the Township Operations Department and Township's Engineering Consultant and/or Manager, Development Engineering for the purpose of compiling an inventory of existing 24 r'1 conditions prior to work on the subdivision. Otherwise, the Township Operations Department's assessment of conditions prior to construction will be final. 6.9 DUST / MUD CONTROL AND ROAD SURFACE CLEANING Until the Certificate Acceptance and Final Assumption has been issued, the Developer shall apply calcium or other Ministry of the Environment and Climate Change approved dust suppressant to those roads within the subdivision and/or utilized by construction traffic, that have not had asphalt surfaces applied, in quantities sufficient to prevent any dust problem to traffic or home occupants, to the satisfaction of the Township. Until the Certificate Acceptance and Final Assumption has been issued, the Developer shall undertake water flushing and mechanical sweeping and cleaning to those roads within the subdivision and/or utilized by construction traffic, that have asphalt surfaces applied, sufficient to prevent any dust problem or mud tracking to traffic or home occupants, to the satisfaction of the Township. 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's Engineering Consultant and/or Manager, Development Engineering regarding a dust control problem, then the Township and/or Township's Engineering Consultant, at their sole discretion, shall employ outside forces to implement, at the Developer's expense, a suitable measure of dust control. 6.10 CONSTRUCTION REFUSE All construction refuse, garbage and debris from the subdivision must be disposed of in an orderly and sanitary fashion by the Developer, off the site of the subdivision, at a licensed landfill site. The Township shall not be responsible for the removal or disposal of any construction 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 applying for a Building Permit for any lot or part of a lot within the said Plan of Subdivision. 6.11 INSPECTION OF THE CONSTRUCTION OF MUNICIPAL SERVICING WORKS. During the construction of all Municipal Servicing Works, the Developer's Engineering Consultant shall be responsible for all inspections and certifications of the construction of all Municipal Servicing Works. 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's Engineering Consultant and/or Manager, Development Engineering and 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's Engineering Consultant and/or Manager, Development Engineering 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 approved installation of servicing works, the Township's Engineering Consultant and/or Manager, Development Engineering will have the authority to cease construction operations by verbal notice to the contractor and/or the Developer's Consulting Engineer. Such notice shall 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. 6.12 DECLARATION OF PROGRESS AND COMPLETION 6.12.1 Prior to the approval or acceptance of any Municipal Servicing Works by the Township, the Developer shall provide the Township's Engineering Consultant and/or Manager, Development Engineering with an undertaking for the completion dates of all remaining Municipal servicing Works required by this 25 /'� iml Agreement and in a form similar to that attached to this Agreement as Schedule "I", the Declaration of Progress and Completion, for approval by the Township's 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 Municipal Servicing within the revised completion dates. 6.12.2 It is understood and agreed that should the Developer fail to construct the remaining services, as stipulated, and by such dates as provided in the Declaration, the Developer shall pay to the Township, as pre -determined liquidated damages, the sum of 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. 6.12.3 The Developer recognizes that top lift of asphalt shall not be placed until 70% (seventy per cent) of the lots have been fully developed and completed and dwellings have been issued a Certificate of Final Occupancy. 6.13 PROGRESS OF MUNICIPAL SERVICING WORKS The water main and associated servicing works (as required) shall be constructed, inspected and approved in accordance with the wording contained in this Agreement prior to the completion of the other Municipal Servicing Works, including roads, sanitary sewers, storm sewer systems, boulevards, utilities and street lighting. The sanitary sewers and associated servicing works (as required) shall be constructed, inspected and approved in accordance with the wording contained in this Agreement prior to the completion of the other Municipal Servicing Works, including roads, storm sewers systems, boulevards, utilities and street lighting. The storm sewer system and stormwater servicing works will be constructed, inspected and approved in accordance with the wording contained in this Agreement. After the completion of Municipal Servicing Works, the Developer shall complete the Declaration of Progress and Completion for the approval of the Township's Engineering Consultant and/or Manager, Development Engineering and from that date, the said Declaration shall apply and take precedence over Clause 6.12. Prior to signing the Declaration of Progress and Completion, the Developer shall install all servicing works in accordance with the Schedule of Servicing Works or as directed by the Township's Engineering Consultant and/or Manager, Development Engineering. Should the Developer fail to adhere to the scheduling provisions outlined in the Schedule of Servicing Works or the Declaration of Progress; or having commenced to install the aforesaid servicing works, fails or neglects to proceed with reasonable speed; or in the event that the aforesaid servicing works are not being installed in the manner required by the Township's Engineering Consultant and/or Manager, Development Engineering: the Township's Engineering Consultant and/or Manager, Development Engineering giving seven (7) days written notice by prepaid registered mail to the Developer may, without further notice, enter upon the said land and proceed to supply all materials and to do all necessary servicing works in connection with the installation of the said servicing works, including the repair or reconstruction of faulty works and the replacement of materials not in accordance with the specifications. The Township's Engineering Consultant and/or Manager, Development Engineering shall charge the costs thereof, together with an Engineering fee of ten percent (10%) of the cost of such materials and servicing 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 shall 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 Municipal Servicing Works by the Township. 26 r�l r'1 The Township may refuse to issue Building Permits until such Municipal Servicing Works are installed in accordance with the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards and to the satisfaction of the Township's Engineering Consultant and/or Manager, Development Engineering. 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. Note: Building Permits shall not be issued until the Township's Engineering Consultant and/or Manager, Development Engineering has given the Certificate of Substantial Completion and maintenance. 6.14 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 servicing works. Such entry and repair shall not be deemed an acceptance of the servicing 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. 6.15 USE OF SERVICING WORKS BY TOWNSHIP The Developer agrees that: The servicing works may be used prior to acceptance by the Township or other authorized persons for the purpose for which such servicing works are designed. II. Such use shall not be deemed an acceptance of the servicing 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 servicing works so used. 6.16 DRAINAGE AND LOT GRADING Generally, the drainage facilities will consist of curb and gutters, and storm sewers, to provide a satisfactory drainage outlet, and will be in accordance with the Storm Sewer Drainage Plans STM-5 and STM-6, Stormwater Management Plans, Section and Details SWM-1, SWM-3 and SWM-4 by C.C. Tatham & Associates Ltd. and approved by the Township's Engineering Consultant and the Township. 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 LG-16 to LG-17 prepared by C.C. Tatham & Associates Ltd. and approved by the Township's Engineering Consultant and the Township. Some fill and re -grading of lots may be necessary during or after building construction. The Grading Plan shall show all existing and final grades on lot corners, as well as mid -lot elevations, where deemed necessary by the Township's Engineering Consultant and/or Manager, Development Engineering. 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 (or any subsequent lot purchasers / owners) once the required drainage servicing works have been constructed by the Developer. Drainage 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 drainage swale, or interferes with the acceptance of water from any connecting drainage 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 drainage swales can serve their original purpose. 27 The Developer, and any subsequent lot owner, shall not construct any servicing works, remove, or permit to be removed, any soil from the said drainage swale, excavate, drill, install, erect, or permit to be excavated, drilled, installed or erected in, over, upon, under or through the said drainage swale 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 as part of the Purchaser's Manual. 6.17 LANDSCAPING All Landscaping Works shall be completed to the satisfaction of the Township in accordance with Section 3.16 — Landscaping of the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards and as represented on the Landscape Design Drawings included in Schedule "G". Certificate(s) of Final Occupancy require the completion of Landscaping Works. All Landscaping Works shall be completed prior to the issuance of the Certificate of Acceptance and Final Assumption. (Typically when 70% (seventy per cent) of the total Building Permits allowed for in the subdivision have been completed.) Maintenance of Landscape Plantings shall extend for a minimum of 12 (twelve) months past the issuance of the Certificate of Acceptance and Final Assumption. 6.18 PARKLAND SERVICING WORKS All Parkland Servicing Works (SWM and grading, water servicing, sanitary sewer servicing, electrical servicing and lighting, walkways and trails, etc. as required) and Open Space Blocks are to be constructed in accordance with Section 3.17 — Parkland Development of the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards and as represented on the Parkland Services Design Drawings included in Schedule "G". Municipal Servicing Works required in the Parkland Services Design Drawings (as required) shall be installed to the property line, earth works and rough grading, and any interim SWM works (as may required) shall be completed prior to the Certificate of Substantial and Maintenance being issued. All Parkland Servicing Works (as required) must be completed to the satisfaction of the Township prior to the issuance of the Certificate of Acceptance and Final Assumption. (Typically when 70% (seventy per cent) of the total Building Permits allowed for in the subdivision have been completed and the Certificate(s) of Final Occupancy has been issued.) Maintenance of Parkland Plantings shall extend for a minimum of 12 (twelve) months past the issuance of the Certificate of Acceptance and Final Assumption. 28 r'1 7.1 PART-7 BUILDING AND SEWAGE SYSTEM PERMITS AND OCCUPANCY 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 Maintenance has been issued. 7.1.2 The Developer's Engineer shall prepare an overall Lot Development Plan for approval by the Township, Township Engineer and the Nottawasaga Valley Conservation Authority as a further requirement to Clause 2.4. The Plan shall include the following: 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 servicing works have been completed. c) existing and proposed grades on lot corners and mid -lot elevation. d) location and type of proposed water supply and sanitary sewer supply/connection. 7.1.3 The Developer agrees to advise all prospective lot Purchasers 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 Consulting Engineer and approved by the Township and/or the Township's Engineering Consultant. The individual site plan shall show the building and tile bed location (if applicable) and elevations, all exterior lot grading and drainage servicing works complete with elevations and landscaping. 7.1.4 Individual Lot Purchasers 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. Lots 2-6 and Lots 8-18 are subject to Site Plan Control under Section 41 of the Planning Act and that no development will be permitted on the lot until a Site Plan Agreement has been entered into between the municipality and the owner of the lot. Further, the Developer agrees to include a statement advising that Lots 10-18 are subject to Site Plan Control under Section 41 of the Planning, R.S.O. 1990 in all offers to purchase and Agreements of Purchase and sale for said lots and blocks. The Engineered Lot Grading Plan shall include, at a minimum: • Signature / Seal of Applicants Lot Grading Designer • Design Date and Submission number • North Arrow and Key Plan • Metric Scale of Drawing — of a typical engineering scale • Geodetic Benchmark - location and elevation • Dimensioned Property Limits / Boundaries and Lot Corner Elevations • Typical Silt and Sediment Control Measures • Location of Silt and Sediment Control Measures • Typical Swale Cross Section(s) — side yard / mid -yard / cut-off (as required) • Location, Elevation, Flow Direction and % Grade of all Swales • Location of Engineered Fill • Location of Environmentally Protected Areas / Waterbodies / Shoreline • Location of Existing Trees to be Retained • Location and Type of Utility Services (Natural Gas, Bell, Hydro, Cable T.V., etc.) • Location of Municipal Water Service 29 r^ • Location of Private Sewage System — Septic Bed, Tank and Grade Elevations • Location and Dimension of Municipal / Utility / Drainage Easements • Driveway - location, proposed % grade, width and curb cut locations • Driveway Culvert — location, size, length, material, elevations and % grade • Elevations of Road Grade (edge of road and centre line) adjacent to Lot Line(s) • Elevations of and % grade of Road Side Ditches adjacent to Lot Lines • Street Furniture / ROW Features — hydrants, streetlights, Bell / Cable pedestals, Hydro transformers / poles, catch basins, curbs, sidewalks, retaining walls, etc. • Building(s) Location: lot line setback distances and building corner elevations • House and Lot Type: rear to front /split lot / walk -out basement, etc. • Location of Internal Catch Basins / Soak Away Pits - grate and invert elevations • Location of Sump Pump discharge (not discharging to driveway or septic tank) • Location of all Rainwater Leaders / Downspouts (not discharging onto driveway) • Finished First Floor elevation (F.F.F.) • Top of Foundation Wall elevation (T.F.W.) • Finished Basement Floor elevation (F.B.F.) • Underside of Footings elevation (U.S.F.) • Finished Garage Floor elevation (F.G.F.) • Underside of Footings Garage elevation (U.S.F.G.) • Location and Elevation of all Entrances including # of Risers • Location and Elevation of all Walkways, Patios, Deck and Porches • Location and Elevations (Top and @ Grade) of Retaining Walls 7.1.5 The Developer further agrees to construct all servicing works required under Clause 2.4, and as shown on the approved General Servicing Plan GP-5 and GP-6, Storm Drainage Plans STM-5 to STM-5, Notes, Details and Standards D- 1 to D-7, Water Distribution and Swabbing Plan WAT-1, Lot Grading Plans LG- 15 to LG-17, Plan and Profile Drawings PP-5 to PP-7, Stormwater Management drawings SWM-1 to SWM-4, Siltation and Erosion Control Plans SC-5 to SC-7, and Tree Protection and Compensation Plans LP-5 and LP-8 and Landscape Details LD-1, to the satisfaction of the Township and the Township's Engineering Consultant. 7.1.6 The Developer further agrees to advise all prospective lot Purchasers 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. 7.1.7 The Developer shall install a reasonably permanent marking or monument system clearly identifying the location of the wetland buffer on each lot or block affected, prior to occupancy of any such residential lot or block. Further, the developer agrees to include a statement advising of the marking system requirement in all offers to purchase and Agreements of Purchase and sale for said lots and blocks. 7.1.8 Model Homes Notwithstanding Section 8.1 (Substantial Completion of Underground services) and Section 7.2 (Requirements for Building Permits), the Township agrees, after registration of the plan, that the Developer, once making Building permit application and receiving approval from the Development Services Committee for a model(s) home, the Township shall issue model home permit(s) for such lots and locations as are acceptable to the Township subject to the plans being in conformity with the Ontario Building Code, and the Developer not being in default of any of the terms in this Agreement. The Developer agrees that none of the model home(s) shall be occupied until a Provisional Certificate of cc r n occupancy has been issued for each model home in accordance with the normal occupancy provisions of this agreement. In the event the Developer wishes to erect a model home(s) prior to the registration of the Plan, the Developer shall be subject to the requirements (Separate site plan agreement) of the Township, and these requirements shall not supersede or in any way relieve the Developer of its responsibilities as set out in this Agreement. 7.2 REQUIREMENTS FOR BUILDING PERMITS The Developer acknowledges and agrees that final approval or registration of the Plan of Subdivision approval by the Township, or the acceptance by the Township of the servicing 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 of Subdivision. 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 in addition to the completion of commissioning of the water and sewage servicing works for the Plan of Subdivision. 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 acceptable road access, water supply, sanitary sewage and stormwater drainage facilities are available to service the Plan of Subdivision 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) All lots are subject to Site Plan Control under Section 41 of the Planning Act and that no building permit will be issued for a lot until a Site Plan Agreement has been entered into between the municipality and the owner of the lot. (iii) Sewage system allocation/ or approval has been obtained and submitted to the Township. (iv) The Certificate of Substantial Completion and Maintenance for Municipal Servicing Works has been issued by the Township for the water supply and distribution system, sanitary sewer system, storm sewer system, the road(s) have been constructed up to an including base coarse asphalt, providing access to the lot in accordance with the Township's Development Engineering Policies, Process and Design Standards to the satisfaction of the Township's Engineering Consultant and/or Manager, Development Engineering, and the submission of the completed Declaration of Progress and Completion as per Schedule "I". (v) The required Composite Utility Plan has been approved by the Township and the underground services such as Bell Telephone, Electricity, Cable TV and Natural Gas have been installed to the property line of the lot. 31 r'1 (vii) Approval of the Township's Engineering Consultant and/or Manager, Development Engineering has been obtained for the construction of any buildings to be erected on lots or blocks listed in Schedule "L" hereto. (viii) Signs denoting "ROAD NOT ASSUMED BY TOWNSHIP — USE AT YOUR OWN RISK" and information as to the SUBDIVISION NAME, DEVELOPER, GENERAL CONTRACTOR and ENGINEERING CONSULTANT have been installed at the entrances to the subdivision in a location acceptable to the Township, in accordance with Clause 3.1.9. (ix) An Engineered Lot Grading Plan has been prepared the Developer's Consulting Engineer acknowledging that the building to be erected on any lot or block within the Plan of Subdivision, for which a Building Permit has been applied for, is in conformity with the Overall Lot Grading Plans. In the case where another recognised design professional (P.Eng., OLS, C.E.T.) prepares an Engineered Lot Grading Plan, for which a Building Permit has been applied for, proof of review and affirmation of conformance within the Plan of Subdivision and the Overall Lot Grading Plans by the Developer's Consulting Engineered shall be required. The Engineered Lot Grading Plan shall be approved by the Township and/or Township's Engineering Consultant prior to the issuance of a Building Permit. (x) Arrangements have been made and approved by the Township for Municipal Address System numbering, as set out in Clause 7.7. (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) Certification by the Township and/or Township's Engineering Consultant if the subdivision is being constructed in phases that the preceding phase meets all requirements for occupancy as set out in Clause 7.1 (xiv) 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 "L" of this Agreement. Examples of conditions requiring special attention may be, but are not limited too: degree of slope, soils stability, environmental restrictions, waterfrontage, Species at Risk, Engineered Fill, etc. Prior to the issuance of a Building Permit for any lot listed in Schedule "L", the Developer's Consulting Engineer must submit a letter to the Township's Engineering Consultant and/or Manager, Development Engineering 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 SPECIAL BUILDING PERMITS 7.4.1 No Occupancv Agreement Building permits cannot be obtained or issued until certain vital services listed in Section 8.1 are installed and accepted by the Township's Engineering Consultant and the Township. The Township agrees that if the Developer or a builder wishes to obtain a building permit prior to the installation of vital services listed in Section 8.1, a building permit may be issued provided the Developer or builder has executed a "No Occupancy Agreement' in the form set out in Schedule "M" and has deposited the sum 32 r�l of $7,000.00 in bond per lot or unit with the Township as a guarantee that no building that no building or structure will be occupied and subject to the registration on title of the "No Occupancy Agreement." The Owner agrees to be liable to pay all costs related to the preparation, registration and release of the "No Occupancy Agreement". 7.6 CONFORMITY WITH GRADING Prior to issuance of a building permit for any lot on the Plan, an Engineered Lot Grading Plan is required to be approved by the Township in accordance with Section 7.1. The Engineered Lot Grading 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 by more than 0.15m in elevation must receive approval from 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 Consulting Engineer, Professional Engineer, Ontario Land Surveyor or Certified Engineering Technologist 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's Engineering Consultant. 7.7 MUNICIPAL ADDRESS SYSTEM The Developer's Consulting 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). 7.8 REQUIREMENTS FOR OCCUPANCY 7.8.1 Occupancy Certificate means a report issued to allow occupancy of a building. No buildings erected on the lots or blocks within the Plan shall be occupied until an Occupancy Certificate has been issued by the Township's Building Department in accordance with the Township's Building By -Law and the Ontario Building Code — Division C, Articles 1.3.3.1 and 1.3.3.4 and the Building Code Act 1l(1). Notwithstanding requirements of the Township's Building By-law and the Ontario Building Code, an Occupancy Certificate shall not be issued until: (i) The requirements for the issuance of a Building Permit — Section 7.2 and the issuance of a Certificate of Substantial Completion and Maintenance — Section 8.1 have been met. (ii) A driveway culvert (as required) has been provided to the satisfaction of the Township, in accordance with the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards. 7.8.2 Final Inspection means a report issued when all outstanding items on an Occupancy Certificate, including grading, have been completed and there is compliance with the Ontario Building Code. Notwithstanding requirements of the Township's Building By-law and the Ontario Building Code, a Final Inspection Report shall not be issued until: (iii) A Lot Grading Certification Letter has been provided by the Developer's Consulting Engineer, or a Professional Engineer, Ontario Land Surveyor 33 h 1001 or Certified Engineering Technologist, indicating that the final grading of the lot or block for the building constructed, is in conformity with the Engineered Lot Grading Plan or such variance there from has been approved by the Manager, Development Engineering or Township's Engineering Consultant. (iv) Any deficiencies on an Occupancy Certificate 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. 7.9 REQUIREMENTS FOR WINTER OCCUPANCY Should the Developer require Occupancy between October 1 and April 15, the final lot grading and the application of sod / seed shall be completed by the following September 30 (following year) from Provisional Occupancy. Should the Developer require Occupancy between April 16 and October 1, the final lot grading and the application of sod / seed shall be completed by the following June 30 (following year) from Provisional Occupancy. In addition, if the Final Lot Grading is not completed prior to Occupancy, the Developer's Consulting Engineer shall provide the certification that the lots requesting Occupancy have a base grade, swales, driveway culverts (as required) 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 may 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's Engineering Consultant is satisfied having received a Letter of Certification for Lot Grading Completion from the Developer's Consulting Engineer and by having completed a site inspection. 7.10 OCCUPANCY LIQUIDATED DAMAGES Notwithstanding the above, if for any reason whatsoever, occupancy of any building occurs before the vital services listed in Clause 8.1 are installed to the home occupied to the satisfaction of the Township's Engineering Consultant and/or Manager, Development Engineering, 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's Engineering Consultant and/or Manager, Development Engineering 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. 34 rAd e'1 WE M SUBSTANTIAL COMPLETION AND MAINTENANCE AND ACCEPTANCE AND FINAL ASSUMPTION OF MUNICIPAL SERVICES SUBSTANTIAL COMPLETION and MAINTENANCE OF MUNICIPAL SERVICING WORKS Certificate of Substantial Completion and Maintenance shall mean a Certificate issued by the Township upon the recommendation of the Township's Engineering Consultant and/or Manager, Development Engineering confirming the Municipal Servicing Works installed by the Developer under the provisions of this Agreement have been substantially completed in accordance with plans and specifications reviewed and accepted by the Township's Engineering Consultant and/or Manager, Development Engineering. The issuance of a Certificate of Substantial Completion and Maintenance shall not constitute an assumption of the Municipal Servicing Works by the Township. Works completed and certified to obtain a Certificate of Substantial Completion and Maintenance shall include (but not limited to) the following: i) Sanitary Sewers, Pumping Stations, Appurtenances and Service Laterals ii) Storm Sewers, Appurtenances, and Stormwater Management Facilities iii) Watermain, Appurtenances and Service Laterals iv) Other Utilities Servicing (Gas, Hydro, Bell, Cable TV, etc.) v) Traffic Signage (temporary as applicable) vi) Streetlighting (erected and energized) vii) Granular Base Course and Granular Surface Course viii) Base Course Asphalt ix) Roadside Ditches and Shoulders x) Curbs and Gutters The Township's Engineering Consultant and/or Manager, Development Engineering shall issue a Certificate of Substantial Completion and Maintenance of Municipal Services when the Municipal Servicing Works have been inspected and certified as being constructed in accordance with Township Standards and this Agreement. 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 minimum two (2) year maintenance period will commence from the date the Township approves the issuance of the Certificate of Acceptance and Maintenance. The Developer shall be responsible for the all maintenance and repairs of the Municipal Servicing Works. Refer to 8.2 The Developer shall also be responsible for the operation costs until the Township has issued a Certificate of Acceptance and Final Assumption for the Municipal Servicing Works Refer to 8.3 MAINTENANCE OF MUNICIPAL SERVICING WORKS, The Developer will be responsible for the repair and maintenance of all the Municipal Servicing Works until the expiry of a minimum period of two (2) years from the date the Township approves the Certificate of Substantial Completion and Maintenance. The minimum period shall be called the Maintenance Period. 35 t'N r-41� During the Maintenance Period, maintenance of the Municipal Servicing Works shall include, but not be limited to: • Maintaining road surfaces, curbing, ditches, sidewalks / trails, fencing, signage and all other above ground Municipal Servicing Works • Sweeping, flushing and the removal of dirt and debris from road surfaces • Winter Maintenance Operations (snow plowing, sanding, salting, snow removal, etc.) — Refer to Schedule "J" • Maintaining and mowing of grass within the road allowances, as well as the parkland and naturalized areas (as may be required). • Maintaining ALL underground Municipal Servicing Works infrastructure storm sewers, sanitary sewers, water main, etc. • Maintaining street lighting infrastructure including all hydro electricity charges incurred • Maintaining stormwater management facilities and any appurtenances associated with same If, during the Maintenance Period, the Developer fails to carry out maintenance work within forty-eight (48) hours after receipt of notice for the works to be undertaken from the Township, then the Township 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 servicing 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. Note: Should, over the time of the Maintenance Period, extensive repairs to or replacement of any of the Municipal Servicing Works have been required, the Maintenance Period may be extended to accommodate said repairs or replacement, at the sole discretion of the Township. Assumption, Roads: Upon the expiry of the Maintenance Period for the pavement structure of roads within the plan (excluding the top course of asphalt) and where necessary the rectification of any noted defects or the realization upon security for such purposes, the Municipality shall assume the road pursuant to section 31(4) of the Municipal Act, 2001 through adoption of an "assumption by-law". 8.3 ACCEPTANCE and FINAL ASSUMPTION of MUNICIPAL SERVICES Certificate of Acceptance and Final Assumption shall mean a Certificate issued by the Township upon the recommendation of the Township's Engineering Consultant and/or Manager, Development Engineering confirming the ALL of the Municipal Servicing Works (identified in Schedule "G") installed by the Developer under the provisions of this Agreement have been completed in accordance with plans and specifications reviewed and accepted by the Township's Engineering Consultant and/or Manager, Development Engineering. Works completed and certified to obtain a Certificate of Substantial Completion and Maintenance shall include (but not limited to) the following: i) All Municipal Servicing Works identified in Section 8.1 and having passed a 2 (two) year maintenance period as per Section 8.2 In addition, the following Municipal Servicing Works shall include and having passed a 2 (two) year maintenance period as per Section 8.2 36 ii) Surface (Top) Course of Asphalt iii) Asphalt in Driveway Aprons / Driveway Paving iv) Boulevard Grading Topsoil, Sod or Seed v) Fencing of Ponds, Walkways and Perimeter / Boundaries (as applicable) vi) Parkland Grading Topsoil, Sod or Seed and Equipment and Fencing vii) Permanent Signage and Pavement Markings. viii) Sidewalks and Walkways (where applicable) On receipt of the Developer's request for a final inspection of the municipal services, the Township's Engineering Consultant and/or Manager, Development Engineering shall undertake an inspection to ensure that the Township will accept the municipal servicing works in accordance with this Agreement for the subdivision or for a particular phase. (The Surface Lift of Asphalt for the subdivision roads cannot be placed until 70% (seventy per cent) of the lots have completed dwellings and have been issued a Certificate of Final Occupancy). Should the Township's Engineering Consultant and/or Manager, Development Engineering be satisfied, the Director of Development Services will recommend to the Township that the Municipal Servicing Works be Accepted and that the Council of the Township pass the appropriate by-law to Assume ALL of the Municipal Servicing Works included within this agreement. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for or take over any of the subdivision servicing works until at least seventy per cent (70%) of the lots on the subdivision or phase of the subdivision have completed dwellings erected and therein and the Certificate(s) of Final Occupancy have been issued. Note: Security for all Landscaping Works shall be held by the Township for twelve (12) additional months following the issuance of the Certificate of Final Acceptance and Assumption. 8.4 REPLACEMENT OF SURVEY BARS Prior to the final assumption 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. 8.5 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's Engineering Consultant and/or Manager, Development Engineering. 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 8.6 and the completion and maintenance of the services. 8.6 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 8.3 of this Subdivision Agreement. The Developer agrees to provide a copy of Clause 8.6 to 37 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. PART-9 DEFAULT PROVISIONS 9.1 RIGHT TO REALIZE UPON ANY SECURITIES 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 4.6 of this Subdivision Agreement, and/or to restrict or refuse issuance of Building Permits and/or the Certificate of Final Occupancy, and the Developer agrees not to apply for any Building Permits or the Certificate of Final 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. P& -0 1 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 4'h day of December, 2019. THE CORPO ATION OF THE TOWNSHIP OF ORO-MEDOONTE Per = Per %121\ / H. S. Hughes �V Teeter Title Mavor Title Deputy Clerk BRAESTONE PMENT CORORATION Per J. David Bunston Title Treasurer i;] n SCHEDULE"A" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the Township of Oro-Medonte, in the County of Simcoe, and being composed of the whole of the lands described as follows: PCL 2-1 SEC 51-ORO-9; LOT 3 CONCESSION 9 ORO BEING THE E1/2 & W1/2; LOT 2 CONCESSION 9 ORO BEING THE E1/2 & W1/2; PART 1 PLAN 51 R21804, EXCEPT PART 1 PLAN 51 R28741 & EXCEPT PLAN 51 M1070 & 51 M1113; SAVING AND RESERVING FROM THE E1/2 LOT 2 CONCESSION 9, ALL MINES AND MINERALS, WHETHER SOLID, LIQUID OR GASEOUS, WHICH MAY BE FOUND TO EXIST WITHIN, UPON OR UNDER SUCH LANDS; TM FULL POWER TO WORK THE SAME AND FOR THIS PURPOSE TO ENTER UPON, USE AND OCCUPY THE SAID LANDS OR SO MUCH THEREOF AND TO SUCH EXTENT AS MAY BE NECESSARY FOR THE EFFECTUAL WORKING AND EXTRACTING OF THE SAID MINERALS, AS DESCRIBED IN OR017078; SUBJECT TO AN EASEMENT IN GROSS OVER PART E1/2 LOT 2 CONCESSION 9 ORO, PART 1 PLAN 51 R40262 AS IN SC1266952; TOGETHER WITH AN EASEMENT OVER SCP460 AS IN SC1595230; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE AS IN SC1615649 BEING ALL OF PIN 58532-0275 LT ,M n SCHEDULE"B" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION PLAN OF SUBDIVISION Phase 2 Groups A and B Lots 1 to 20 PLAN OF SUBDIVISION 51-M 41 n "1 SCHEDULE"C" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION 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 as Part of Phase 2 Groups A and B: Block 21 to be deeded to the Township of Oro-Medonte as an Open Space Block. • Block(s) to be deeded to the Township of Oro-Medonte as a 0.30 Metre Reserve Block(s). • Part 1 of Plan 51 R- to be granted to the Township of Oro-Medonte as a drainage and maintenance easement of a plunge pool. Part(s) _ of Plan 51 R- to be granted to the Township of Oro- Medonte for a temporary vehicle turn -around easement over Lot 10. SCHEDULE"D" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION 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 Charaes Act, 1997 and Section 257.53 of the Education Act, R.S.O. 1990. c.E.2, may be amended or superseded 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. 43 '1 SCHEDULE "E" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION STANDARD TOWNSHIP LETTER of CREDIT (IRREVOCABLE) 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 ]CC 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. Ontario, , we, the Bank of , 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 Aareement between our said customer and the Corporation of the Township of Oro-Medonte, with Mortaaae Comoanv, as a third party, regarding subdivision of (property description) rn 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 20XX. Authorized Signature Bank of Authorized Signature 45 n e•1 SCHEDULE "F" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION PARKLAND DEDICATION The following Blocks are to be dedicate to the Township for parkland purposes: • Block 21 • Block 22 And are to be developed in accordance with the provisions of Clause 6.18 of this Agreement. 12 rn SCHEDULE"G" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION SERVICING WORKS TO BE CONSTRUCTED Construction of storm sewers and appurtenances, watermain and appurtenances, including service connections, all road works, including curbs and gutters in accordance with the approved Engineering Drawings to service the Braestone Subdivision (Phase 2 Groups A & B) in the Township of Oro-Medonte. C.C. Tatham & Associates Ltd. DW9.No. Description TITLE PAGE WDEXSHEET 1103059-7-PH-1 PHASING PLAN 51 M- LEGAL PLAN 1103059-7-GS-5 GENERAL SERVICING PLAN J103059-7-GS-6 GENERAL SERVICING PLAN 1103059-7-SC-5 SILTATION AND EROSION CONTROL 1103059-7-SC-6 SILTATION AND EROSION CONTROL 1103059-7-SC-7 SILTATION AND EROSION CONTROL DETAILS 1103059-7-DP-1 PRE -DEVELOPMENT DRAINAGE PLAN 1103059-7-DP-3 PRE DEVELOPMENT DRAINAGE PLAN 1103059-7-STM-5 STORM SEWER DRAINAGE PLAN 1103059-7-STM-6 STORM SEWER DRAINAGE PLAN 1103059-7-SWM-1 STORMWATER MANAGEMENT PLAN AND SECTIONS STORMWATER MANAGEMENT SECTIONS AND DETAILS 1103059-7-SWM-3 103059-7-SWM-4 STORMWATER MANAGEMENT SECTIONS AND DETAILS I103059-7-LG-15 LOT GRADING PLAN 103059-7-LG-16 LOT GRADING PLAN 1103059-7-LG-17 LOT GRADING PLAID 1103059-7-PP-5 PLAN AND PROFILE 1103059-7-PP-6 PLAN AND PROFILE I103059-7-PP-7 PLAN AND PROFILE THOROUGHBRED DRIVE STA. 1+000 TO STA. THOROUGHBRED DRIVE STA. 1+320 TO STA. THOROUGHBRED DRIVE STA. 1+640 TO STA. NOTES AND DETAILS +1103059-7-D-1 1103059-7-D-2 TOWNSHIP DETAILS 1103059-7-D-3 TOWNSHIP DETAILS 1103059-7-D-4 ONTARIO STANDARDS AND TOWNSHIP DETAILS 1103059-7-D-5 ONTARIO STANDARDS AND TOWNSHIP DETAILS 1103059-7-D-6 ONTARIO STANDARDS AND TOWNSHIP DETAILS I103059-7-D-7 PRESSURE REDUCING VALVE CHAMBER NOTES AND DETAILS 1103059-7-WAT-1 WATER DISTRIBUTION AND SWABBING PLAN ILP-0 KEY PLAN JLP-5 TREE PROTECTION AND COMPENSATION PLAN ILP-8 TREE PROTECTION AND COMPENSATION PLAN (LD-1 LANDSCAPE DETAILS 11 1 1 +3201 1+6401' 1+9601' Note: The aforementioned drawings were stamped "Accepted for Construction" by the Township's Engineering Consultant on February 22, 2019. 47 n SCHEDULE"H" kIR NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION ITEMIZED COST ESTIMATE OF SERVICING WORKS The following list summarizes the cost estimate of the major servicing works, but is not necessarily inclusive: BRAESTONE SUBDIVISION PHASE 2 GROUP A&B CONSTRUCTION Contract No 103059-13 Schedule of Unit Prices ITEM ESTIMATED No. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 1.0 SITEWORK 101 Single Heavy Duty Silt Fence m 1.563 $20.00 $31.260.00 1.02 Double Heavy Duty Silt Fence c\w Straw Bale m 418 $50.00 $20,900.00 1.03 Construction Entrance Mud Mat ea 1 $4.500.00 $4,50D.00 3-04 Strip and Stockpile Topsoil m3 10.210 $4.50 $45.945.00 1.05 Excavation and Grading m3 28.991 $6.50 $188.441.50 1.06 Transport and Stockpile Additional Fill Material On -site m3 36.140 $6.50 $234,910.00 1.07 Rock Check Dam ea 2 $500.00 $1.000.00 Subtotal of Site Works $526,956.50 2.0 ROADWORK 2.01 100mm dia. Subdrain m 1.296 $20.00 $25,920.00 2.02 Granular'B' (400mm) m2 5.962 $15.00 $89,430.00 2.03 Granular'A' (150mm) m2 4.925 $7.00 $34,475.00 2.04 Concrete Curb and Gutter (OPSD 600.030) m 1,296 $85.00 $110,160.00 2.05 Base Course Asphalt HL-4 (50mm) m2 4.277 $11_00 $47,047.00 2.06 Surface Course Asphalt HL-3 (40mm) m2 4.277 $10.00 $42,770.00 2.07 Asphalt Boulevard - Hand Tamped HL-3 (50mm) m2 625 $15.00 $9.375.00 2.08 Steel Beam Guide Rail in 142 $115.00 $16.330.00 2.09 Grade. Topsoil and Sod Boulevard m2 6.900 $7.50 $51.750.00 Subtotal of Road Works $427,257.00 3.0 WATERMAIN 3.01 200mm dia. Connection to Existing ea 1 $1,000.00 $1.000.00 3.02 150mm dia. PVC Watermain m 535 $150.00 $80,250.00 3.03 200mm dia. PVC Watermain m 104 $180.00 $18.720.00 3.04 150mm dia_ Gate Valve ea 1 $1,500.00 $1.500.00 3.05 Hydrant. Valve and Lead ea 5 $5.000.00 $25.000.00 3.06 20mm Dia. PVC Water Service ea 20 $180.00 $3,600.00 3.07 PRV c/w Chamber ea 1 $40,000.00 $40.000.00 3.08 Automatic Hydrant Flusher ea 1 $3,000.00 $3.000.00 Subtotal of Watermain Works $173,070.00 4.0 STORM SEWER 4.01 300mm dia. Storm Sewer in 377 $160.00 $60.320.00 4.02 375mm dia. Storm Sewer in 141 $190.00 $26,790.00 4.03 450mm dia. Storm Sewer m 60 $250.00 $15.000.00 4.04 525mm dia. Storm Sewer m 30 $300.00 $9.000.00 4.05 600mm x 600mm Catchbasin ea 5 $2,500.00 $12.500.00 4.06 600mm x 1450mm Double Catchbasin ea 6 $3.500.00 $21.000.00 4.07 1200mm dia. Catchbasin Manhole ea 5 $4,500.00 $22.500.00 4.08 1500mm dia. Double Catchbasin Manhole ea 6 $6,000.00 $36.000.00 4.09 Infiltration Trench for Boulevard m 133 $190.00 $25.270.00 4.10 Clean Out ea 4 $350.00 $1.400.00 4.11 Concrete Headwall c/w Grate ea 1 $4.500.00 $4.500.00 4.12 Rip Rap Outlet c/w Filter Fabric m2 15 $25.00 $375.00 4.13 SWM Facility Excavation m3 590 $6.50 $3.835.00 4A4 SWM Facility Rip Rap (Spreader) m1 41 $50.00 $2.050.00 4.15 SWM Facility Topsoil, Seed & Mulch m2 445 $4.50 $2,002.50 Subtotal of Storm Sewer Works $242,542.50 48 r..� 1'1 ITEM ESTIMATED No. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 5.0 MISCELLANEOUS 5.01 Stop/ Street Signs ea 1 $350_00 $350.00 5.02 Street Lights ea 3 $5,000.00 $15.000.00 5.03 Mailbox Pads 1 2 $1.500.00 $3,000.00 5.04 Street Trees ea 40 $425.00 $17.000.00 Subtotal of Miscellaneous Works $35,350.00 Subtotal (1-5) HST (13%) Total LETTER OF CREDIT REQUIRED Subtotal (100% of estimated costs) Plus contingency (10%) Plus HST (13%) Less pre -servicing securities held by Township TOTAL REQUIRED SECURITIES FOR SUBDIVISION AGREEMENT SCHEDULE "I" $1,405,176.00 140,517.60 200,940.17 823,357.61 $ 923,276.16 $1,40S,176.00 $182,672.88 $1,587,848.88 NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION DECLARATION OF PROGRESS AND COMPLETION SUBDIVISION DEVELOPER EN CONSULTING ENGINEER As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE AND BRAESTONER DEVELOPMETN CORPORATION The Developer(s) dated The Developer hereby agrees and undertakes to complete the construction of the Municipal Servicing Works as required by the above -mentioned Agreement in accordance with the time schedule for the completion of services as approved by the Township's Engineering Consultant and/or Manager, Development Engineering and more specifically in accordance with the following schedule and conditions: Note: Before any building erected on the lots or blocks in the Plan are occupied all the Requirements for Occupancy, as set out in Clause 7.1, shall be complied with. On or Before a) Sanitary Sewers and Lateral Service Connections b) Water Main and Servicing Connections c) Stormwater Management Pond d) Storm Sewers / Ditches / Basins e) Road Base - Granular "B" and Granular "A" f) Base Lift of Asphalt on or before g) Installation and Energization of Streetlightina h) Black Vinyl Chain Link Fencina i) Landscaping / Street Trees j) Parkland Servicina 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 further agrees to shall apply calcium or other Ministry of the Environment and Climate Change approved dust suppressant to those roads within the subdivision and/or utilized by construction traffic, that have not had asphalt surfaces applied, in quantities sufficient to prevent any dust problem to traffic or home occupants, and further to undertake water flushing and mechanical sweeping and cleaning to those roads within the subdivision and/or utilized by construction traffic, that have had asphalt surfaces applied, sufficient to prevent any dust problem or mud tracking to traffic or home occupants, to the satisfaction of the Township until the Certificate of Final Acceptance and Assumption has been issued. 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 the Developer 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 n be the cost of materials, equipment rental, labour, payroll burden, plus 20% for overhead; 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 BRAESTONE DEVELOPMENT CORPORATION Per J. David Bunston Title Treasurer Date 51 kal SCHEDULE "J" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION WINTER ROAD MAINTENANCE Winter Road Maintenance shall include; snow plowing, sanding, salting, snow removal and any other winter maintenance operations, undertaken in a time frame and at the appropriate service level to ensure safe use of the public highway and, at a minimum, in the same manner as the Municipality removes snow and ice from its public highways. Winter Road Maintenance shall only be carried out by the Township: At times deemed by the Township to be an emergency under authority of section 6.14 ("emergency works"); or 2. Under the terms of a separate agreement whereby the Township is contracted to undertake such maintenance as the Developer's agent (an "Unassumed Subdivision Road Winter Maintenance Agreement"). The Developer agrees that it shall pay the Municipality for undertaking such emergency work at the rates articulated in the "Unassumed Subdivision Road Winter Maintenance Agreement" and such amounts shall be paid by the Developer within thirty (30) days of the date of billing. Payment for non -emergency work shall be in accordance with the terms of an Unassumed Subdivision Road Winter Maintenance Agreement). The Developer agrees that failure to pay for such emergency work or work conducted under an Unassumed Subdivision Road Winter Maintenance Agreement shall entitle the Municipality to realize upon any cash deposits or security lodged under this Agreement in accordance with the procedures outlined in Parts 4 and 9 of this Agreement and/or such Unassumed Subdivision Road Winter Maintenance Agreement. It is agreed by the Developer that should damage or interference with the municipal servicing works of the Developer by the Township undertaking emergency winter road maintenance, the Developer will make no claims against the Township for such interference or damage, providing the work is carried out in a normal and reasonable manner. Where the Township undertakes Winter Road Maintenance under an Unassumed Subdivision Road Winter Maintenance Agreement the Municipality's liability for damage to municipal servicing works of the Developer shall be identified therein. It is agreed by the Developer that emergency winter control operations or work under an Unassumed Subdivision Road Winter Maintenance A it shall not prejudice the Township's rights to enforce the maintenance oF5s ubstantial Completion and Maintenance or Final Acceptanc amption rovisions in this agreement. Per J. David Bunston Title Treasurer Seal or Witness Date 52 n SCHEDULE"K" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION MASTER MONITORING DOCUMENT The Developer shall collect baseline data respecting groundwater and surface water in accordance with the "Master Monitoring Document Buffalo Springs Property" prepared by Michalski Nielsen Associates Limited, dated January 2006. The Developer shall develop a long term monitoring program to the satisfaction of the Ministry of Natural Resources to be administered by an Environmental Committee and prepared in accordance with the "Monitoring Program — Environmental Impact Study Sabiston/Valdoro and Buffalo Springs Development" prepared by Michael Michalski associates on October 11, 1994. The Developer has obtained approval from the Ministry of Natural Resources by their letter dated July 16, 2009, in which the Ministry has approved the 2008 Master Monitoring Document dated December 2008 (Revised July 2009), which fulfills the Ontario Municipal Board condition and in which the developer shall comply with. 53 r l� SCHEDULE "L" e•1 NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION LIST OF LOTS REQUIRING SPECIAL ATTENTION 1.0 Septic tile beds are not to be constructed within the steep slope limits (slopes greater than 15%), as indicated on the Engineering Drawings. 2.0 The following lots adjacent to wetland areas may require mantles: Lots 10-18. 3.0 The limits of the 15 metre buffer from the wetland and limit of tree protection on Lots 10-18 with no development being permitted within these limits, and that these Lots be subject to Site Plan Control under Section 41 of the Plannina Act. Permanent markers will be placed at the intersection of the side lot line and/or near lot line and the line denoting the limits of the wetland buffer or limit of tree protection, whichever is the greater, as per approved Landscape Plans (Dwgs. LP- 5 and LP-8 by EnvisionTatham as Approved for Construction by the Township's Engineering Consultant on February 20, 2019). 4.0 Site Plans for Lots 10-18 shall be submitted to the Township and MNR for approval showing the following information: • The location of building envelopes; • The location of primary and reserve tile fields; • The location of laneways and parking areas; • The location of lands which have a slope greater than 15%; • The location of swimming pools and tennis courts, or any other proposed structure or facility; • The location of the wetland buffer; • The extent of forest cover to be maintained on the lot; • The location of the marker or monument identifying the limits of the wetland buffer or limit of tree protection, whichever is the greater; and • The Site plans shall comply with the recommendations found in the report prepared by Azimuth Environmental Consulting Inc. titled "Letter Report re: Consideration of Natural Heritage Features and Functions Pertaining to the Proposed Sub -Phase Construction of 2A, Groups A and B Development Areas" - February 27 2018. Any Offer of Purchase and Sale for Lots listed above shall contain a clause which states that the Lots are subject to Site Plan Control under Section 41 of the Plannina Act, and that development will not be permitted on the Lots until a Site Plan Agreement has been entered into between the municipality and the Owner of the Lot. 54 1 SCHEDULE"M" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION FORM OF NO OCCUPANCY AGREEMENT THIS AGREEMENT made in duplicate this day of 2017 BETWEEN: (hereinafter called the "Owner") OF THE FIRST PART AND: THE CORPORATION OF THE TOWNSHIP OF ORO -MEDONTE (hereinafter called the "Township") OF THE SECOND PART WHEREAS the Owner represents that it is the owner of the lands hereinafter described (under an agreement to purchase the lands from by reasons of an agreement dated the day of , 2019.). AND WHEREAS the lands hereinafter described form part of a Plan of Subdivision (Plan No. 51 M- ) covered by a Subdivision Agreement between (Owner) and the Township, dated .2019. AND WHEREAS the said Subdivision Agreement provides that the building permits may be issued prior to roads and other municipal services being fully completed in accordance with the terms of the Subdivision Agreement upon certain conditions. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the Township issuing a building permit for the completion of a dwelling on Lot as shown on a plan registered in the Registry Office for the Registry Division of the County of Simcoe as Number or as shown on Plan files in the Land Titles Office of the County of Simcoe at Barrie as Parcel Number , the Owner for itself, its heirs, executors, administrators and assigns, hereby convenants and agrees that it will not occupy or permit anyone else to occupy the said dwelling or any part thereof until all the Underground Services and roads as required in the Subdivision Agreement, have been constructed, installed and provided, and have been accepted by the Township and its Engineer, and the travelled surface has been constructed to the satisfaction of the Township's Engineer, and the travelled surface has been constructed to the satisfaction of the Township's Engineering Consultant and/or Manager, Development Engineering pursuant to the Subdivision Agreement and adequate provisions have been made to provide for surface drainage and a satisfactory dust preventative has been applied. The Owner further covenants that it is the owner of the lands hereinbefore referred to. The Owner convenants that this Agreement may be registered against the said lands. The Owner further covenants to pay a cash or bond deposit to the ownership upon execution of this Agreement which will be forfeited to the Township if occupancy is allowed by the Owner in contravention of this Agreement or the Subdivision agreement and the Owner agrees to pay the cost of registration and to pay the Township for discharge of this Agreement. 55 IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested to by the proper signing officers. SIGNED, SEALED AND DELIVERED this day of 2019. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per K.S. Hughes Title Mavor Per J. Teeter Title Deputv Clerk BRAESTONE DEVELOPMENT CORPORATION Per J. David Bunston Title Treasurer I have the Authority to bind the Corporation 56