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2020-021 By-law to Authorize the Execution of a Subdivision Agreement between the Township of Oro-Medonte and South Shore Caden Estates Inc.The Corporation of the Township of Oro-Medonte By-law No. 2020-021 A By-law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and South Shore Caden Estates Inc. 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 10-6 SEC 51-309; PT Wi/2 LT 6 CON 14 MEDONTE; PT LT 132 PL 309 MEDONTE; PT LT 133 PL 309 MEDONTE; PT LT 134 PL 309 MEDONTE; LT 135 PL 309 MEDONTE; LT 136 PL 309 MEDONTE; LT 137 PL 309 MEDONTE; LT 138 PL 309 MEDONTE; LT 139 PL 309 MEDONTE &; PT MARIA LOUISA ST PL 309 MEDONTE PTS 1, 2, 51 R12906, AS AMENDED BY LT436216; ORO-MEDONTE, Township of Oro-Medonte (Geographic Township of Medonte), County of Simcoe, PIN 58521-0190 (LT), (known as Kayley Estates Subdivision); Now Therefore the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: That the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, a 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. This By -Law shall take effect on the final passing thereof, 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 March, 2020. The C poration of the Township of Oro-Medonte Mayor, H. . H hes Deputy Clerk, Janette Teeter LRO # 51 Transfer Receipted as SC1684408 on 2020 06 02 at 10:30 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties M PIN 58521 - 0190 LT Interest/Estate Fee Simple ✓� Split Description BLOCKS 51 AND 52, PLAN 51M1184; ORO-MEDONTE Address WARMINSTER IConsideration Consideration $2.00 ITransferor(s) The transferor(s) hereby transfers the land to the transferee(s). Name SOUTH SHORE CADEN ESTATES INC. Address for Service 8698 Highway 12 ORO-MEDONTE ON L3V OK1 I, Robert Cheslock, President, 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 2E0 Capacity Registered Owner IStatements This document is being registered pursuant to Inhibiting Order SC1684380 registered on 2020/06/02 Share ISigned By I Melissa Francesca Conte 76 Mulcaster Street acting for Signed 20200602 Barrie Transferor(s) L4M 3M4 Tel 705-735-0065 Fax 705-735-0277 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 Signed 20200602 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 I ALOUSIS LAW PROFESSIONAL CORPORATION 76 Mulcaster Street 2020 06 02 Barrie L4M 3M4 Tel 705-735-0065 Fax 705-735-0277 IFees/Taxes/Payment Statutory Registration Fee $65.05 f Provincial Land Transfer Tax $0.00 Total Paid $65.05 IFile Number Transferee Client File Number: JK-25403 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 58521 - 0190 BLOCKS 51 AND 52, PLAN 51 M1184; ORO-MEDONTE BY: SOUTH SHORE CADEN ESTATES INC. TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Registered Owner 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 (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: g) Transfer to a municipality pursuant to subdivision or development agreement, condominium approval or other municipal purposes: Block 51 as a Stormwater Management Pond Block and Block 52 as a Parkland Block 5. The land is not subject to an 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. (b) This is not a conveyance of "designated land". 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. SC1684408 Date: 2020/06/02 B. Propery(s). PIN 58521 -0190 Address WARMINSTER Assessment - Roll No C. Address for Service: 148 Line 7 South ORO-MEDONTE ON LOL 2E0 D. (i) Last Conveyance(s): PIN 58521 - 0190 Registration No. SC1257409 (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 LRO # 51 Transfer Easement The applicant(s) hereby applies to the Land Registrar. Properties PIN 58521 - 0190 LT Interest/Estate Easement Description SERVIENT LANDS Receipted as SC1684926 on 2020 06 04 at 10:28 yyyy mm dd Page 1 of 4 PART LOTS 22 AND 23, PLAN 51M-1184 BEING PARTS 1 AND 2, PLAN 51R42514; ORO- MEDONTE Address WARMINSTER IConsideration Consideration $2.00 ITransferor(s) The transferor(s) hereby transfers the easement to the transferee(s). Name SOUTH SHORE CADEN ESTATES INC. Address for Service 8698 Highway 12 ORO-MEDONTE ON L3V OK1 I, Robert Cheslock, President, 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 Schedule: See Schedules This document is being registered pursuant to Inhibiting Order SC1684380 registered on 2020/06/02 1 Signed By Melissa Francesca Conte 76 Mulcaster Street acting for Barrie Transferor(s) L4M 3M4 Tel 705-735-0065 Fax 705-735-0277 Melissa Francesca Conte 76 Mulcaster Street Barrie L4M 3M4 Tel 705-735-0065 Fax 705-735-0277 1 have the authority to sign and register the document on behalf of the Transferor(s). Klaus Nick Jacoby 34 Clapperton St. Barrie L4M 3E7 Tel 705-726-0238 Fax 705-726-9197 Klaus Nick Jacoby 34 Clapperton St. Barrie LAM 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 ALOUSIS LAW PROFESSIONAL CORPORATION 76 Mulcaster Street Barrie L4M 3M4 acting for Transferor(s) FV Add Easement Share I First 20200604 Signed Last 2020 06 11 Signed acting for First 2020 06 04 Transferee(s) Signed acting for Last 2020 06 11 Transferee(s) Signed 1 2020 06 11 Tel 705-735-0065 LRO # 51 Transfer Easement Receipted as SC1684926 on 2020 06 04 at 10:28 The applicant(s) hereby applies to the Land Registrar. ISubmitted By Fax 705-735-0277 IFeeslTaxes/Payment Statutory Registration Fee $65.05 Provincial Land Transfer Tax $0.00 Total Paid $65.05 IFile Number Transferee Client File Number: JK-25403 yyyy mm dd Page 2 of 4 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 58521-0190 SERVIENT LANDS PART LOTS 22 AND 23, PLAN 51M-1184 BEING PARTS 1 AND 2, PLAN 51 R42514; ORO-MEDONTE BY: SOUTH SHORE CADEN ESTATES INC. 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. ❑ (e) 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 (, 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 (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 not subject to an 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. (b) This is not a conveyance of "designated land". 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. SC1684926 Date: 2020/06/04 B. Property(s): PIN 58521 - 0190 Address WARMINSTER Assessment - Roll No C. Address for Service: 148 Line 7 South ORO-MEDONTE ON LOL 2E0 D. (i) Last Conveyance(s): PIN 58521 - 0190 Registration No. SC1684408 (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 3117 SCHEDULE 1. Transfer of Easement over Part Lots 22 and 23, Plan 51 M-1184 being Parts 1 and 2 on Reference Plan 51 R-42514 The Transferor hereby transfers unto the Transferee, the right and easement in gross and in perpetuity in, over, along, upon, under and through Parts 1 and 2 on Plan 51 R42514, Township of Oro-Medonte (the "Easement Lands") to construct, maintain, inspect, test, alter, remove, replace stormdrain(s) and all appurtenances thereto, including catch basins with grates, tees, ditches, culverts and pipes for stormwater drainage as may be required by the Transferee. 2. Right of Access and Egress 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. 3. Terms and Conditions The aforesaid right and Easement is herein granted and transferred on the following terms: (a) Rights 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 Rights 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. (a) Burdened and Benefited Lands This is an Easement in Gross. mm§ m8 VH -Po Po m �s i az S t^��H m i�ni 99E >iv o F m' ma x; W �0 0Im _.I. Im z 0 o m m �N 4 o m M m O A v o0 n m N -2 Z ..m o CD 2^obi � e ° Az Yo 3 � LOT 9 LOT 24 I 1 o ro — — - -— — — � I III mr W (BY PLAN 51N- IRA —N3255'0W 6268 -------�6058521-0190 RICHELIEROAD PIN o -0 jr LOT 23 r0 2`o_PIN 58521-0190 I I D =1 N Z O _� Y 1432'55'10'W 6].]2 I I xI 6,00 N�--- -- Iw I LOT 22 I o r r r N PIN 58521-0190 zO n 6.00�T� L 7., N I co W -P N N32'S5Y0'W 6J.]5 ; I (n 00 O70 D I Fq l O O �I Z � w a F- m l Ccl O I I c0 CD o`li�i l o i Wk CHESLOCK CRESCENT co U7 z 1 co (BY PLAN 51N- ) z �O T N 0 \ \ ;gym PIN 58521-0190 0 I T T co OJ I o A m m sae I N TT -1 0 I 0. OI PART 1, PLAN 51R-6640 PART 2. PLAN 51R-6426 PART 1. PLAN 51R-42373 EAST HALF LOT 6, CONCESSION W —_J PIN 58521-0255 NO"1 I Q I co 1 o N 'm 14 (n = N g n�n $ 9 m y w N Z a o m I; 'mzR A �< A --lQ N v yom G1 o o o s OV r O oU rZ� ZNN PPDDrr NA `jm�i on 0 O nN NZ yZ C.) oD Z n > --o , w m CC F AN o oo`c 08 a0Nc ngovn Az� 0 �m7 II y O o�m z uAyZ_j � 0 � �D< o A �aa G1L D S$J r 0o m m� T ooze PC m vlm1 17' D ZO > OC IIo"10-1 �NNNm d (e0 p mmW.{ z9 yoq 8rr, Z o 0 op0 0 y " ; o te im m o 5 o z ma mvl^ RS(Lxx z Lid LRO # 51 Transfer Easement The applicant(s) hereby applies to the Land Registrar. Properties PIN 58521 - 0255 LT Interest/Estate Easement Description SERVIENT LANDS: Receipted as SC1684233 on 2020 06 01 at 15:42 yyyy mm did Pagel of 4 PART OF W112 OF E1/2 LT 6 CON 14 MEDONTE BEING PART 1, PLAN 51 R-42373; ORO- MEDONTE Address 1922 WARMINSTER SIDEROAD ORO ❑✓ Add Easement IConsideration y Consideration $2.00 Transferor(s) N The transferor(s) hereby transfers the easement to the transferee(s). Name CHESLOCK, ROBERT JAMES Address for Service 8698 Highway 12, Oro-Medonte, Ontario L3V OK1 I am at least 18 years of age. CHESLOCK, JODI ELEANOR LEE and I are spouses of one another and are both parties to this document This document is not authorized under Power of Attorney by this party. Name CHESLOCK, JODI ELEANOR LEE Address for Service 8698 Highway 12, Oro-Medonte, Ontario L3V OK1 I am at least 18 years of age. CHESLOCK, ROBERT JAMES and I are spouses of one another and are both parties to this document This document is not authorized under Power of Attorney by this party. Transferee(s) Capacity Share 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 ISigned By Melissa Francesca Conte 76 Mulcaster Street acting for Signed 2020 06 01 Barrie Transferor(s) L4M 3M4 Tel 705-735-0065 Fax 705-735-0277 1 have the authority to sign and register the document on behalf of the Transferor(s). Klaus Nick Jacoby 34 Clapperton St. acting for Signed 20200601 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 I ALOUSIS LAW PROFESSIONAL CORPORATION 76 Mulcaster Street 20200601 Barrie L4M 3M4 Tel 705-735-0065 Fax 705-735-0277 LRO # 51 Transfer Easement Receipted as SC1684233 on 2020 06 01 at 15:42 The applicant(s) hereby applies to the Land Registrar. Fees/Taxes/Payment Statutory Registration Fee $65.05 Provincial Land Transfer Tax $0.00 Total Paid $65.05 IFile Number Transferee Client File Number: JK-25403 yyyy mm dd Page 2 of 4 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 58521-0255 SERVIENT LANDS: PART OF W1/2 OF E1/2 LT 6 CON 14 MEDONTE BEING PART 1, PLAN 51R- 42373; ORO-MEDONTE BY: CHESLOCK, ROBERT JAMES CHESLOCK, JODI ELEANOR LEE 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. ❑ (e) 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 (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 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. (b) This is not a conveyance of "designated land". 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. SC1684233 Date: 2020/06/01 B. Property(s): PIN 58521 - 0255 Address 1922 WARMINSTER Assessment - SIDEROAD Roll No ORO C. Address for Service: 148 Line 7 South ORO-MEDONTE ON LOL 2E0 D. (i) Last Conveyance(s): PIN 58521 - 0255 Registration No. SC1415355 (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 SCHEDULE 1. Transfer of Easement over Part West Half of East Half Lot 6, Concession 14 Medonte being Part 1 on Reference Plan 51 R-42373 The Transferor hereby transfers unto the Transferee, the right and easement in gross and in perpetuity in, over, along, upon, under and through Part 1 on Plan 51 R-42373, Township of Oro-Medonte (the "Easement Lands") to construct, maintain, inspect, test, alter, remove, replace stormdrain(s) and all appurtenances thereto, including catch basins with grates, tees, ditches, culverts and pipes for stormwater drainage as may be required by the Transferee. 2. Right 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. 3. 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 Rights 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. (a) Burdened and Benefited Lands This is an Easement in Gross. .11 LRO # 51 Transfer Easement The applicant(s) hereby applies to the Land Registrar. Properties PIN 58521 - 0252 LT Interest/Estate Easement Description SERVIENT LANDS: Receipted as SC1684249 on 2020 06 01 at 15:46 yyyy mm did Pagel of 4 /i Add Easement PT OF W1/2 OF E1/2 LT 6 CON 14 MEDONTE BEING PT 2, PL 51 R42373; ORO-MEDONTE Address ORO IConsideration Consideration $2.00 1 Transferor(s) The transferor(s) hereby transfers the easement to the transferee(s). Name TENNANT, WILLIAM LEONARD Address for Service 1944 Warminster Sideroad ORO-MEDONTE ON 1-3V OK5 I am at least 18 years of age. TENNANT, JULIE-ANN MARGARET EDITH STACEY and I are spouses of one another and are both parties to this document This document is not authorized under Power of Attorney by this party. Name TENNANT, JULIE-ANN MARGARET EDITH STACEY Address for Service 1944 Warminster Sideroad ORO-MEDONTE ON L3V OK5 I am at least 18 years of age. TENNANT, WILLIAM LEONARD and I are spouses of one another and are both parties to this document This document is not authorized under Power of Attorney by this party. ITransferee(s) Capacity Share 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 I Signed By Melissa Francesca Conte 76 Mulcaster Street acting for Signed 20200601 Barrie Transferor(s) L4M 3M4 Tel 705-735-0065 Fax 705-735-0277 1 have the authority to sign and register the document on behalf of the Transferor(s). Klaus Nick Jacoby 34 Clapperton St. acting for Signed 20200601 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 I ALOUSIS LAW PROFESSIONAL CORPORATION 76 Mulcaster Street 20200601 Barrie LAM 3M4 Tel 705-735-0065 Fax 705-735-0277 r LRO # 51 Transfer Easement Receipted as SC1684249 on 2020 06 01 at 15:46 The applicant(s) hereby applies to the Land Registrar. IFees/Taxes/Payment Statutory Registration Fee $65.05 Provincial Land Transfer Tax $0.00 Total Paid $65.05 IFile Number Transferee Client File Number: JK-25403 yyyy mm dd Page 2 of 4 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 58521 - 0252 SERVIENT LANDS. PT OF W1/2 OF E1/2 LT 6 CON 14 MEDONTE BEING PT 2, PL 51 R42373; ORO- MEDONTE BY: TENNANT, WILLIAM LEONARD TENNANT, JULIE-ANN MARGARET EDITH STACEY 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: 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. (b) This is not a conveyance of "designated land". 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: B. Property(s): C. Address for Service: D. (i) Last Conveyance(s): Transfer Easement LRO 51 Registration No. PIN 58521 - 0252 Address ORO 148 Line 7 South ORO-MEDONTE ON LOL 2E0 PIN 58521 - 0252 Registration No. SC1684249 SC1256748 Date: 2020/06/01 Assessment Roll No (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 ^.. SCHEDULE 1. Transfer of Easement over Part West Half of East Half Lot 6, Concession 14 Medonte beina Part 2 on Reference Plan 51 R-42373 The Transferor hereby transfers unto the Transferee, the right and easement in gross and in perpetuity in, over, along, upon, under and through Part 2 on Plan 51 R-42373, Township of Oro-Medonte (the "Easement Lands") to construct, maintain, inspect, test, alter, remove, replace stormdrain(s) and all appurtenances thereto, including catch basins with grates, tees, ditches, culverts and pipes for stormwater drainage as may be required by the Transferee. 2. Right 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. 3. 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. WEST HALF LOT 7 I zs I�EI I I i I is i EAST HALF LOT 7 II I I II WEST HALF LOT 6 CONCESSION 14 PART 1, FLPN SIR-129p5 RX SB521-0190 T •I I I— \ O I J I� SIX—x� w xpwimi3wl Vr� S Q alm = I :la a — LOT R I A BLOCK A - 51a x (D halo^ i � W EMI". e LOT ] --LOT I'ayl� 1 6 0 I L Y BLOCK 8 U) (p ' pIX SB521-0103 I Ir z W PLAN M-92 11 Ila J U ZO Q U I 1 >z e 1 1 rn on F- N z a^ a w EC b LOT 5Eg _ —_ •I —xa°>z is.� - LOT 6 Ill PART 1 PART 3 a + CONCESSION 14 I PLAN 511-I635] PW 50511 s PART l 01T0 PLAN 51R-1635J I i � z (acsv xr xs; 9oiwllm) f i ! ______ JI _is2 ORIGINAL ROAD ALLOWANCE BETWEEN (�T LOTS 5 AND 6 Rx 58511-_0.U1 SIR ART ! PLAN 1635] l nx ses2i-ozip1j"l \s?+ 8 LOT 5 CONCESSION DETAIL not to Slime — i ,I PART 8 PLAN 151R-39738 g PART I 1"y } P. 5 521-.2 T q PART 2 '•A�( PART 2 i P� I I WAN STER SIDEROAD I`-------- RX-21_.,---J1 H ty I e PART 1 PART 2 PART 3 PPLANI h PLAN I S1R}3913H I S1R-3BH551 1 ,1 PW 11 PIX 5021 BEREOUWE DIS mE PLAN 51R-4,23;9j LAW))BTbRAES ACT. REC WD AND DPPWM DAN iTDUARy 5 20" DA4 p pN0 R.S. TAFOR FOR lFE l p1iARN) LW) W SLRKITR REASOVR FOR pOF I 6T11S N9p1 C£ ENaCE (Sf). CxmJl£ wf PLAN OF SURVEY OF PART OF THE WEST HALF OF THE EAST HALF OF LOT 6 CONCESSION 14 GEOGRAPHIC TONNSXIP OF mmONTE TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE oe MINCE = 1:1000 MIND R.S. ASTRI, O.LS. LEGEND • —smcrw T p 9ARr uIMWGT 99 A. �NWMoxw BM tl Bp - PG•A) F—. (o J w i LM.nAA nn a) nn owmzs R.,I m.-,me METRIC CAB w«xL m �R p—Ba BLsBY a�.w[wu[9n'.vm BEARING NOTE 1 rw B er�xz�L iLE I o.11v rva, g ..oB.. romRX.. x ) enw zac lz, m(rra](zmo Prooll RFARING ROT.ON NOTE n,R,XP . (Rl ,° wnmr m un orwl,s w; . NOT.Tw a P1msr LaelTx aoo-.sc xwXlrf) A vw,m*w,xX9Vsx¢ . zSr. «mm'w' wcrlm awns[ w.s rawcu m r,wr PO ,o canmnm un eC9+wc; .m+w9 xE,we,«.,xrs (wl 9E aJmm mm «xs Jswo,rs cm-xzr xrs xelxaw. n za[ n (ery toXPPFU x!mi �sGmO Oao,L TO .,mwrc vOl s[.,.pl. Pic nni �5� I si mu I I159z-m «x««,xa, .Lw,xr I awwwnrziw`i"a"°c T�s a g`�`ru,a s" �wX, W m2 Pux. pISTANCE NOS By A W,,B .XE�MTW QF ip �. arTwN¢S BY VAi0.xvc SURVEYOR'S CERTIFICATE I OAm n.,. 1) aw,c rr'neIL. «iP.rao�n[ wm n[ WW Tn, wu N na «z�r w�.s cn.virzX a «rasa a sole. I- s P T I I Ig ��nsezr -1 \ �=. -WAR uu rmn sox \ PIN 58521-LMI 0ew \ (XXOW1 As)WARMINSTER SIDEROAD ox,AOM°w lwo 9ww,m. `ORIGINAL ROAD ALLOWANCE BETWEEN LOTS 5 AND 6 _ _ LOT 5 CONCESSION 14 DINO ASTRI ' SURVEYING LTD. M `xr. PX I „I,..T max. LRO # 51 Application To Delete Inhibiting Order Receipted as SC1684945 on 2020 06 04 at 11:20 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Pagel of 1 Properties i PIN 58521 - 0190 LT �✓ Redescription Description LOTS 1 TO 50 INCLUSIVE AND BLOCKS 51 AND 52, PLAN 51M-1184; ORO-MEDONTE Address WARMINSTER ISource Instruments Registration No. Date Type of Instrument SC1684380 20200602 Application For Inhibiting Order -Land I 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 Andria Leigh, Director of Development Services. IStatements All the conditions under the Inhibiting Order have been dealt with and the Inhibiting Order can now be deleted. Signed By Klaus Nick Jacoby 34 Clapperton St. Barrie LAM 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). I Submitted By Jacoby Arkell Professional Corporation Tel 705-726-0238 Fax 705-726-9197 IFees/Taxes/Payment Statutory Registration Fee Total Paid IFile Number Applicant Client File Number JK-25403 34 Clapperton St. Barrie L4M 3E7 $65.05 $65.05 acting for Applicant(s) I Signed 2020 06 04 I 2020 06 04 LRO # 51 Plan Document Receipted as SC1684372 on 2020 06 02 at 09:34 The applicants) hereby applies to the Land Registrar. IProperties PIN 58521 - 0190 LT Description PCL 10-6 SEC 51-309; PT W1/2 LT 6 CON 14 MEDONTE; PT LT 132 PL 309 MEDONTE; PT LT 133 PL 309 MEDONTE; PT LT 134 PL 309 MEDONTE; LT 135 PL 309 MEDONTE; LT 136 PL 309 MEDONTE; LT 137 PL 309 MEDONTE; LT 138 PL 309 MEDONTE; LT 139 PL 309 MEDONTE &; PT MARIA LOUISA ST PL 309 MEDONTE PTS 1, 2, 51 R12906, AS AMENDED BY LT436216; ORO-MEDONTE Address DEMONT DRIVE WARMINSTER IApplicant(s) Name SOUTH SHORE CADEN ESTATES INC. Address for Service 8698 Highway 12, Oro-Medonte, Ontario, L3V OK1 I, Robert Cheslock, President, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. yyyy mm dd Page 1 of 1 Statements The applicant applies to register a plan of subdivision of the land prepared by Dino R.S. Astri, O.L.S. dated 2020/01/12 There is/are no charge(s) registered against the land and no consent(s) of the chargee(s) is/are required. I Signed By Melissa Francesca Conte 76 Mulcaster Street acting for Barrie Applicant(s) L4M 3M4 Tel 705-735-0065 Fax 705-735-0277 1 have the authority to sign and register the document on behalf of the Applicant(s). I Submitted By ALOUSIS LAW PROFESSIONAL CORPORATION 76 Mulcaster Street Barrie L4M 3M4 Tel 705-735-0065 Fax 705-735-0277 IFees/Taxes/Payment Statutory Registration Fee $0.00 Total Paid $0.00 I Signed 20200602 I 20200602 qsu eRA o�zLOTI6, $ COI¢CESSION 14 $ = x iEw� <g? —2 mom^� I 90l�xw 1 �8 1 8 4 zI r+ �_" vgw s^ag I��.I _3x,,, H o n ,. n way £,^ 51fl5 Mr 9 6 r' -J n11 ;$"�- o—"R` 96 �4 dw xdm$ m' izyw sesv-oiszw :6 �' �•. N ¢ ho lip' - s '.x>"'' °Ma+a xi: xB •Rx. ..L..sI 3x R, e, $p sc 2 ji- 2y `x5 HA CHESLOCK CRESCENT i 9'g_'-fixn i > �� d� � ! x e 10 s o x• a mx " : `sxaa 'P `\�'` o �N: ii i ii z" z'.x i z 5E NA pg �yGNm'�irnn'�i $o o: �F nwws?g§oen '§r�r/ �L6 �a LOTr1J3' Yx xs ��I x -, ova _ ___ .wRp o os\ MARIA LWISA Si EEi a4x J m 'p m II x = -I m «� 6 �- 1p. +!$LOT 134 �__ o k N s v> k .,n«,. •xw rj F G €3 I Pri uizi m,o x �, LOT 135 (�'a oi S I— O v I vRLDL 11- " ;f_ LOT 136 J_ mI,= m " A- i r e LOT 137 z X o x (Wd s A m 0 x x F LOT 13 x --------- -' xn..m+ x,• xnw,xx wx m _ _ s O x a I PIrI sasv-oim y IJJ ' LOT 138 rn `° x -1 _ A r— - 6 m_ -1 u I LOT to m �i: x W yy k o" 3 LOT 139 < x A w x [ O Y O n M. >AO I I nxLxsa1maa - a m Vg J "xw s I I sees N O S _ T 10 s nxLsOesxi-mos xr x.»b,v. wre+ n» xn..Z.i. �a«,. »» f• `., x• 02 I _—_ c) 8 A x Ln mg xIz I Px sus-aiw � a.w li a'>` W x A (n k C ? O e5s I$ xag>'m.,.m.. os c ICHEzi o RLIEU ROAD 95 i i I RICHEUEU ROAD----' � r `s „, .nm+ w�• W..no+ Z•u. § x f f]l o o I o o �o H w xrz»vwx :,rz m n uti m is Ial oSS xs N s W x y A _ PLAN M 92+' --1-� m. y Y c8>.i �e `a Y 3" 00 OU S- e �. 9 j NO O % e � i 1. PW1 S1R---- - x +7 y PLI.N SIR _ _ I.S Pµ ymnnusT wrtxLno»I PMi 1. w»R -I x _ e "" IA[c, GIRT Z ftIN 9iR-eixe - L __ _ _g1��- _-� .�.0 ze�w: w. __ _' ,. »w�. I r-�... PMi 1_---r2- - rx v4 _ --� ¢EAST HALF LOT 6 EAST HALFa LOT 7 � wx sasz,-ozxs I CONCESSION 14 On .ZD7 A NG� "1 w nga� N a€ o mho o0X, *tom N o �� E qm� m �» o $ D .g"�"� A 4�'m8 A a� i c:1: GT% N n�z c I Z m' 9mA ,'s r R o ms o" z 1u A a O-lo age"w ci $ '< 9w Aa D m i' a� z `1 �g ! (/i �'; m 8":q k m p � g - o Inm <Oo �Oo�oL) 0 A C��nY '"$ P'.o sp Om > M ZAZ g3'$ m=8� vmi 4'E'� gm t� ' moo y� 'IOin NpW �Wo(/1 f1o?gG m >'.fiq ti gaRw h �- g� �1 5 DUI- �" Re Q •a mo I\ y aw_u �q o N v --{dovON 5'8 zDo V jmN-06- z� 8 i 98� Mu Po O Oo Z.Z1CIO TWmW ?DZy o e Z r 9 v7fA q� gs9€.m v €_� Omm m ao c,x fro a "� moo0m k iS O- A3 I R e. <g 6a '" OZ m LRO # 51 Application For Inhibiting Order -Land Receipted as SC1684380 on 2020 06 02 at 10:01 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Pagel of 2 Properties 1 PIN 58521 - 0190 LT �✓ Redescription J Description LOTS 1 TO 50 INCLUSIVE AND BLOCKS 51 AND 52, PLAN 51M1184; ORO-MEDONTE Address WARMINSTER 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 being authorized by a municipal corporation Andria Leigh, Director of Development Services. This document is not authorized under Power of Attorney by this party. Statements 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. Schedule: See Schedules 1 Signed By 1 Klaus Nick Jacoby 34 Clapperton St. acting for Signed 2020 06 02 Barrie Applicant(s) LAM 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). I Submitted By Jacoby Arkell Professional Corporation Tel 705-726-0238 Fax 705-726-9197 1 Fees/Taxes/Payment Statutory Registration Fee Total Paid 1 File Number Applicant Client File Number JK-25403 1 34 Clapperton St. 20200602 Barrie LAM 3E7 $65.05 $65.05 THE LAND TITLES ACT Section 23 of the Act APPLICATION BY A MUNICIPALITY FOR INHIBITING ORDER To: The Land Registrar for the Land Titles Division of Simcoe (No. 51) I, ANDRIA LEIGH, Director of Development Services of The Corporation of the Township of Oro-Medonte, hereby certify that SOUTH SHORE CADEN ESTATES INC., the registered owner of Part of the West Half Lot 6, Concession 14 and Part of Lots 132, 133 & 134 and all of Lots 135, 136, 137, 138 & 139 and Part of Maria Louisa Street, Registered Plan 309, Geographic Township of Medonte, Township of Oro-Medonte, County of Simcoe being the land laid out by a plan of subdivision prepared by Dino R. S. Astri, an Ontario Land Surveyor, dated January 12, 2020 and being the whole of PIN 58521-0190 LT, Township of Oro-Medonte, County of Simcoe has not executed and is not under any obligation to execute any Transfer of Land or Transfer of Easement or any agreement affecting the title to the said land in favour of The Corporation of the Township of Oro-Medonte which has not been registered at the date thereof, except the following: Notice of Subdivision Agreement in favour of The Corporation of the Township of Oro- Medonte relating to Lots 1 to 50 inclusive and Blocks 51 and 52; Transfer in fee simple in favour of The Corporation of the Township of Oro-Medonte of Blocks 51 and 52; Transfer Easement in favour of The Corporation of the Township of Oro-Medonte over Part Lots 22 and 23 designated as Parts 1 and 2 on Plan 51 R-xxxxx. Lots 1 to 50 inclusive and Blocks 51 and 52 referred to above are all according to Registered Plan 51 M-1184. And as to the Lots and Blocks mentioned above, The Corporation of the Township of Oro- Medonte hereby requests you to issue an Order or make an entry under Section 23 of the Land Titles Act inhibiting any dealing with those Lots and Blocks until the instruments mentioned above have been registered. LRO # 51 Notice Of Subdivision Agreement Receipted as SC1684407 on 2020 06 02 at 10:30 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 56 Properties i PIN 58521 - 0190 LT ✓/ Redescription J Description LOTS 1 TO 50 INCLUSIVE AND BLOCKS 51 AND 52 INCLUSIVE, PLAN 51M1184; ORO-MEDONTE Address WARMINSTER IApplicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land. J 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 Andre Leigh, Director of Development Services. Party To(s) Capacity Share Name SOUTH SHORE CADEN ESTATES INC. Address for Service 8698 Highway 12 ORO-MEDONTE ON L3V OK1 Statements This notice is for an indeterminate period This document is being registered pursuant to Inhibiting Order SC1684380 registered on 2020/06/02 Schedule: See Schedules ISigned By I Klaus Nick Jacoby 34 Clapperton St. acting for First 20200602 Barrie Applicant(s) Signed L4M 3E7 Tel 705-726-0238 Fax 705-726-9197 Klaus Nick Jacoby 34 Clapperton St. acting for Last 2020 06 11 Barrie Applicant(s) Signed LAM 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). Melissa Francesca Conte 76 Mulcaster Street acting for First 20200602 Barrie Party To(s) Signed L4M 3M4 Tel 705-735-0065 Fax 705-735-0277 Melissa Francesca Conte 76 Mulcaster Street acting for Last 20200611 Barrie Party To(s) Signed L4M 3M4 Tel 705-735-0065 Fax 705-735-0277 1 have the authority to sign and register the document on behalf of the Party To(s). Submitted By ALOUSIS LAW PROFESSIONAL CORPORATION 76 Mulcaster Street 20200611 Barrie L4M 3M4 Tel 705-735-0065 Fax 705-735-0277 IFees/Taxes/Payment Statutory Registration Fee $65.05 Total Paid $65.05 LRO # 51 Notice Of Subdivision Agreement Receipted as SC1684407 on 2020 06 02 at 10:30 The applicant(s) hereby applies to the Land Registrar. IFile Number Applicant Client File Number: JK-25403 yyyy mm dd Page 2 of 56 4 Township of 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 - SOUTH SHORE CADEN ESTATES INC. -and - THE CORPORATION OF THE TOWNSHIP OF ORO—MEDONTE March 4, 2020 By -Law No. 2020-021 DESCRIPTION OF LANDS PCL 10-6 SEC 51-309; PT W1/2 LT 6 CON 14 MEDONTE; PT LT 132 PL 309 MEDONTE; PT LT 133 PL 309 MEDONTE; PT LT 134 PL 309 MEDONTE; LT 135 PL 309 MEDONTE; LT 136 PL 309 MEDONTE; LT 137 PL 309 MEDONTE; LT 138 PL 309 MEDONTE; LT 139 PL 309 MEDONTE &; PT MARIA LOUISA ST PL 309 MEDONTE PTS 1, 2, 61R12906, AS AMENDED BY LT436216; Being all of PIN 58521-0190(LT) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE { 0 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" - List of Lots Requiring Special Attention 2 TOWNSHIP OF ORO-MEDONTE THIS AGREEMENT made as of the 4th day of March, 2020. BETWEEN: SOUTH SHORE CADEN ESTATES INC. (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 (2016-SUB-02) has been issued for the proposed subdivision, which requires that the Developer must satisfy all the requirements, financial and otherwise, of the Township, including the provisions of certain Municipal Services; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and for other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of lawful money of Canada now paid by the Township to the Developer (the receipt whereof is hereby acknowledged), THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS: PART —1 GENERAL REQUIREMENTS 1.1 REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT Prior to the execution of this Subdivision Agreement, the Developer shall: 1.1.1 Land Ownershio -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 A.6 Postoonement Mortoaae/Charae — 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 their 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 Enaineerina 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 Drawinas - provided for registration, Mylar Drawings of all M Plans 1.1.11 Electrical Distribution Utilitv - 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. 1.1.12 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 mailboxes 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 Nottawasaoa 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 One) 1.1.16.9 Nottawasaga Valley Conservation Authority 1.2 DEVELOPER'S CONSULTING ENGINEERS 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 South Shore Caden Estates Inc. 1.2.1 Terms of Retainer - The terms of the Engineering Consulting retainer with the Developer shall be as follows: Contract Administration and Reoresentation - 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) Desion Drawinos. Details and Soecifications - 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, Conservation and Parks, Simcoe County District School Board and Simcoe Muskoka Catholic District School Board, Nottawasaga Valley 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) Schedulina - Ensure scheduling complies with the timing provisions of this Agreement and the requirements of the Township's Engineering Consultant, 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 Drawinos - 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: i) 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. 1.2.2 Diqital Submission of Engineerinq Drawings 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; 1.3 1.4 1.5 1.6 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 1.2.3 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 1.2.3 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. 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: South Shore Caden 8698 Highway 12 Oro-Medonte, ON L3V OK1 (705) 790-8819 Or by Electronic Mai Estates Inc. south_shorehomes@yahoo.ca In which case, notice shall be effective as of the time and date of successful transmission thereof. The Developer shall be responsible for notifying the Township Clerk, in writing, of any change(s) in his principal place of business. 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. 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. 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 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 Planning Act, R.S.O. 1990, c.P.13 and required by the Township of Oro-Medonte. The Developer also agrees to certify good title to lands by the Developer's solicitor. The deeds for the said lands are to be approved by the Township's Solicitor and thereafter, forthwith, registered and deposited with the Township Clerk. The Developer shall pay the cost for preparation and registration of the said deed. The Developer shall provide to the Township's Solicitor, certification of good title, free and clear from all encumbrances. 1.9 EASEMENTS 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. 1.10 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. 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, 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 MINISTRY OF TRANSPORTATION Ministry of Transportation (MTO) Building and Land Use permits are required prior to site grading / servicing / internal road construction, and for site signs. An MTO Encroachment permit is required for Bell servicing proposed within / crossing Highway 12. 1.14 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. 1.15 ADVISEMENT TO PROSPECTIVE LOT DEVELOPERS The Developer shall provide copies of Clauses: 1.2.3 a), b), and c), and notes, 1.8, 1.10, 1.11, 1.12, 1.13, 4.5, 4.7.2, 6.2, 6.3, 6.9, 6.13, 6.15, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, and Schedules "C", "D" and "K" to each prospective purchaser of a lot(s). 1.16 SAVE HARMLESS The Developer covenants and agrees with the Township, on behalf of itself, its successors and assigns, to indemnify and save harmless the Township, its servants and agents from and against any and all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of any work performed by the provisions of this Agreement. The Developer further covenants and agrees to release and forever discharge the Township from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise either as a result of the failure of the Township to carry out any of its obligations under this Agreement, or, as a result of the Township performing any municipal work on the said lands or the adjacent properties which may damage or interfere with the works of the Developer, provided that such default, failure or neglect was not caused as a result of negligence on the part of the Township, its servants or agents. 1.17 ENUREMENT This Agreement shall enure to the benefit of and be binding upon the parties and their heirs, executors, administrators, successors and assigns. 10 2.1 2.2 2.3 2.4 PART-2 THE LANDS. PLANS AND REPRESENTATIONS SCOPE OF AGREEMENT DESCRIPTION OF LANDS The lands affected by this Agreement are the lands described in Schedule "A" hereto. 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. 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 Detailed Stormwater Management Report dated January 31, 2019 prepared by C.C. Tatham & Associates Ltd, and stamped "ACCEPTED FOR CONSTRUCTION" by The Jones Consulting Group Ltd., the Township's Engineering Consultant on March 1, 2019. The Enqineerinq Desiqn Drawinqs (as a minimum) are as follows: Description • Title Page / List of Drawings • Proposed Legal Plan for Registration - showing all lot, block and proposed • 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 easement numbering and dimensions • 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) Refer to Schedule "G" for a complete list of Drawings 11 2.5 NEI 2.7 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 Ministry of Transportation 2.4.3.3 Electrical Distribution Utility 2.4.3.4 Township of Oro-Medonte 2.4.3.5 Ministry of Natural Resources and Forestry 2.4.3.6 County of Simcoe 2.4.3.7 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. 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. 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 "I" - Declarations of Progress and Completion Schedule "J" - Winter Road Maintenance Schedule "K" - List of Lots Requiring Special Attention 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. 12 PART-3 PRE -CONSTRUCTION REQUIREMENTS 3.1 PRIOR TO STARTING CONSTRUCTION Prior to starting construction of the subdivision works, the Developer shall: 3.1.1 Pre-servicina Obtain 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 Desiqn 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 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 Compliance Approval for Stormwater Management System (ECA Number 6183-B7BTBZ) and dated December 21, 2018. 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. 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 Scheduling of Servicinq Works Prior to the start of construction, the Developer shall supply for the Township's Engineering Consultant, approval of a Schedule of Works, setting out the order in which the various sections of the servicing works within the Plan will be built. The Township's Engineering Consultant may amend this Schedule and the Developer shall construct, install or perform the servicing works as the Township's Engineering Consultant, from time to time, may direct. In any event the Schedule, or amended Schedule, as the case may be, shall conform to the requirements of Clause 3.1.10. 3.1.7 Stormwater Management A stormwater management report shall be prepared by the Developer's Engineer for approval by the Township's Engineering Consultant and the Nottawasaga Valley Conservation Authority which details the means whereby stormwater drainage will be accommodated and how erosion and siltation will be contained on site both during and following construction. This report must deal with post development stormwater quality and shall conform to Ministry of Environment, Conservation and Parks/Ministry of Natural Resources and Forestry Interim Stormwater Quality Guidelines. 13 3.1.8 Erosion and Siltation Control The Developer must take all necessary precautions to prevent erosion and sedimentation of ditches, culverts, slopes, etc., both within the subdivision and downstream prior to and during construction and upon completion of servicing of the subdivision. Failing adequate precautions being taken, the Developer shall be responsible for correcting any damage and paying all maintenance costs resulting there from. A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's Engineer for approval by the Township's Engineering Consultant and the Nottawasaga Valley 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 the Nottawasaga Valley 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, Conservation and Parks/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 the Nottawasaga Valley 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 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. 3.1.10 Notification of Commencement and Completion The Developer shall not commence the construction of any of the works until the Developer has provided forty-eight (48) hours written notice to the Township's Engineering Consultant, 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. 14 All municipal services shall be installed in accordance with the Declaration of Progress and Completion, as required under Clause 7.12 of this Agreement, but no longer than two years from the date of registration of this Agreement, unless extended by the Township's Engineering Consultant. Subsequent phases shall be completed within a one (1) year time frame for underground services and two (2) years for aboveground services from date of commencement. Should for any reason there be a cessation or interruption of construction, the Developer shall provide forty-eight (48) hours written notice to the Township's Engineering Consultant before work is resumed. If the municipal services to be constructed by the Developer under this Agreement are not completed and accepted by the Township within the above time frame, the Township may either: 1. 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 BREACH OF AGREEMENT 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. 15 PART-4 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. 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. 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. 16 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 Simcoe County 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 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. 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 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, 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, 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 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. 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 17 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) Exceedina 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 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, 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 will review the submitted estimate, and then make a recommendation as to the amount to be retained 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. 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 Occuoancv and Lot Gradina Deposit - the Developer or Individual Lot Owner shall deposit with the Township, the required Final Occupancy and Lot Grading m 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 Acceptance, or for a Certificate of Maintenance and Final Acceptance for the services within the subdivision, or upon applying for prior acceptance of the municipal underground services, he shall supply the Township with a Statutory Declaration that all accounts for work and materials for said services have been paid and that the Construction Lien Act has been complied with and that no liens thereunder have or can be registered, except normal guarantee holdbacks, and that there are or will be no 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 Policv of Insurance - the Developer shall lodge with the Township, on or prior to the execution of the Agreement, an insurance certificate with an insurance company satisfactory to the Township, (which said approval shall not be unreasonably withheld or delayed), and insuring for the joint benefit of the Developer, their agents and the Township and their agents, against any liability that may arise out of the construction or installation of any work to be performed pursuant to this Agreement and for a period of one (1) year after completion and acceptance of the Township services to be constructed herein. 4.10.2 Comprehensive General Liabilitv/Environmental Impairment - such policy shall carry limits of liability in the amount to be specified by the Township, but in no event shall it be less than FIVE MILLION DOLLARS ($5,000,000.00) inclusive comprehensive general liability, environmental impairment liability in an amount not less than FIVE MILLION DOLLARS ($5,000,000.00), and such policy shall contain: a) a cross -liability clause; b) product/completed operation coverage; c) shall not have an exclusion pertaining to blasting, provided that any blasting required to be done shall be done by an independent contractor; d) shall include the following names as insured's: (i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (ii) THE JONES CONSULTING GROUP LTD. 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 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 19 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. 20 PART-5 STAGING OR PHASING 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, 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, 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 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 1 Lots 1 to 50 Plan 51 M- XXX 5.2 COST SHARING AGREEMENTS By-law 2012-136 was executed by the Township in July 2012 authorizing the execution of a Cost Sharing Agreement between the Township, 2063334 Ontario Inc. (Homire) and South Shore Isabella Estates Inc. respecting the financing and sharing of costs of the Water System upgrades required for full build -out of the Warminster Settlement Area. On the basis of the current estimated total costs of the water system upgrades, the share on a per lot basis is estimated at $9302.74 per lot based on the full build out of the original 159 lots. The developers identified in the preceding paragraph including South Shore (Developer) agree that any difference between the estimated total cost and the actual total cost of the Water System Upgrades will be shared, on a proportionate per -lot basis. 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 at www.oro-medonte.ca. If at any time, and from time to time during the development of the subdivision, the Township's Engineering Consultant 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. 6.2 ELECTRICAL, NATURAL GAS. TELEPHONE and CABLE TV UTILITIES, 6.2.1 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. 6.2.2 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. 6.2.3 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. 6.2.4 The easement rights of Hydro One, Natural Gas, Bell Telephone and Cable TV are to be protected and maintained. 6.3 PRESERVATION AND PLANTING OF TREES 6.3.1 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, 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. 6.3.2 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 22 of up to three 2.4 metre or taller hardwood trees on those lots not having any tree cover. 6.3.3 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. 6.3.4 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. 6.3.5 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. 6.4 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. 6.5 BLASTING Before any blasting is proceeded with by the Developer, the Developer shall obtain from the Township's Engineering Consultant 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. 6.6 ACCESS ROADS All access roads must be maintained by the Developer in good repair acceptable to the Township's Engineering Consultant 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. 6.7 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 for the purpose of compiling an inventory of existing conditions prior to work on the subdivision. Otherwise, the Township Operations Department's assessment of conditions prior to construction will be final. 6.8 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 23 traffic, that hav a 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 Certifi Cate Acceptance and Final Assumption has been issued, the Developer shall undertak,� 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 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. 6.9 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. 6.10 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 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 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 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. 6.11 DECLARATION OF PROGRESS AND COMPLETION 6.11.1 Prior to the approval or acceptance of any Municipal Servicing Works by the Township, the Developer shall provide the Township's Engineering Consultant with an undertaking for the completion dates of all remaining Municipal servicing Works required by this Agreement and in a form similar to that attached to this Agreement as Schedule "I", the Declaration of Progress and Completion, for approval 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. 6.11.2 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 24 and every d,ay the said services are behind schedule of construction, and NO FURTHER. BUILDING PERMITS SHALL BE ISSUED. 6.11.3 The Developer recognizes that top lift of asphalt shall not be placed until 70% (sevent,/ per cent) of the lots have been fully developed and completed and dwellings have been issued a Certificate of Final Occupancy. 6.12 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 from that date, the said Declaration shall apply and take precedence over Clause 3.1.6. 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, 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: the Township's Engineering Consultant 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 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. 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. 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 has given the Certificate of Substantial Completion and maintenance. 25 6.13 EMI=RGENCY REPAIRS Employees or agents of the Township may enter onto the lands at any time, or from tim a 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 wo ,ks by the Township or any assumption by the Township of any liability in cor nection therewith, or a release of the Developer from any of his obligations under this Agreement. 6.14 USE OF SERVICING WORKS BY TOWNSHIP The Developer agrees that: I. 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. Il. 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. 6.15 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 Stormwater Management Plan and Details Plan SWM-1, Plan and Profile Demont Drive Drawing PP-1, Plan and Profile Cheslock Crescent Drawings PP-2 and PP-3, Plan and Profile Cheslock Crescent and Chamberlain Crescent Drawing PP-4, Plan and Profile Richelieu Road Drawing PP-5, Plan and Profile Storm Outlet Easement Drawings PP- 6 and PP-7 prepared by Tatham Engineering Limited 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-1 to LG-6, inclusive, prepared by Tatham Engineering Limited 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. 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. 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 al Township rrom 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 wall 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. 6.16 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". 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. 6.17 PARKLAND SERVICING WORKS 6.17.1 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. 6.17.2 The Developer agrees to implement the recommendations of the Phase 1 Environmental Site Assessment (ESA) for Block 52 (including the undertaking of a Phase II ESA and/or a remedial plan, if such work is recommended) and to pay for all costs associated with the implementation. Any required ESA/Remedial Plan shall not contain a limitation upon the right of the Township to rely upon it and/or the information contained therein. 6.17.3 The Developer agrees to maintain Block 52 in a manner and condition acceptable to the Director, Operations and Community Services until such time as the above and below ground services associated with the subdivision are assumed by the Township or such earlier time as advised in writing by the Township. The Developer shall maintain a lease agreement acceptable to the Township for use of Block 52 until assumption. 6.17.4 The Developer agrees to submit Parkland Development Drawings for Block 52 in accordance with Section 3.17.5 of the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards for approval by the Director, Operations and Community Services. 6.17.5 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.) 27 6.17.6 Maintenance of Parkland Plantings shall extend for a minimum of 12 (twelve) months past the issuance of the Certificate of Acceptance and Final Assumption. 6.17.7 The Developer shall not: a) construct any permanent or temporary stormwater management facilities and/or permit any storage of construction related debris or materials (including topsoil) in or on the Open Space Block identified within the draft plan; or, b) construct or permit temporary or permanent emergency/construction access routes through the Open Space Block. 28 PART — 7 BUILDING AND SEWAGE SYSTEM PERMITS AND OCCUPANCY 7.1 OVERALL LOT DEVELOPMENT PLAN & INDIVIDUAL SITE PLANS 7.1.1 The Developer further agrees that he or any person, persons, or Corporation claiming title through the Developer, will not apply for a Building or Sewage System Permit for any part or portion of the said lands or on any lot therein, and no Building or Sewage Permit shall be issued until a Certificate of Substantial Completion and Maintenance has been issued. 7.1.2 The Developer's Consulting Engineer shall prepare an Overall Lot Development Plan for approval by the Township and/or Township's Engineer Consultant and the Nottawasaga Valley Conservation Authority as a further requirement to Clause 6.17. 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 The Developer further agrees to construct all servicing works required under Clause 6.17, and as shown on the approved General Servicing Plans, Siltation & Erosion Control Plan, Water Distribution & Testing Plan, Composite Utility Plans, Stormwater Management Plan, Lot Grading Plans, Plan and Profile Drawings, Landscape Drawings, Electrical and Utility Drawings prepared by Tatham Engineering Limited to the satisfaction of the Township and the Township Engineering Consultant. 7.1.5 The Developer further agrees to advise all prospective lot owners of the requirements that it may be necessary for the sewage system to be installed prior to construction of the home, subsequent to the issuance of a Sewage System Permit. 7.1.6 The Developer further agrees to advise all prospective lot owners that any encroachments of any kind are not permitted in open space blocks, stormwater management blocks or park lands and that Block 52 is intended to include a park block driveway and that such use may result in increased vehicular and pedestrian traffic on the street and adjacent to or in the vicinity of the property. Purchasers are further advised that properties adjacent to such Block may be affected by noise and lighting from such uses. 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 29 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) Sewage system allocation or approval has been obtained and submitted to the Township. (iii) The Certificate of Substantial Completion and Maintenance for the Municipal Servicing Works has been issued by the Township for the water supply and distribution system, sanitary sewer system, storm sewer system, energized street lighting, 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 the submission of the completed Declaration of Progress and Completion as per Schedule "I"). (iv) 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. (v) Approval of the Township's Engineering Consultant has been obtained for the construction of any buildings to be erected on lots or blocks listed in Schedule "L" hereto. (vi) 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. (vii) 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. 30 (viii) Arrangements have been made and approved by the Township for Municipal Address System numbering, as set out in Clause 8.5. (ix) The Traffic and Street Name signs have been installed and approved by the Township. (x) Payment of Development Charges Fees and other applicable levies. (xi) Certification by the Township and/or Township's Engineering Consultant if the subdivision is being constructed in phases that the preceding stage meets all requirements for occupancy as set out in Clause 5.1. (xii) 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 to: degree of slope, soils stability, environmental restrictions, waterfrontage, Species at Risk, Engineered Fill, etc. 7.4 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. 7.5 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). 7.6 REQUIREMENTS FOR OCCUPANCY 7.6.1 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 II(1). Notwithstanding requirements of the Township's Building By-law and the Ontario Building Code, an Occupancy Certificate shall not be issued until: 31 (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. 7.6.2 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: (i) A Lot Grading Certification Letter has been provided by the Developer's Consulting Engineer, or a Professional Engineer, Ontario Land Surveyor 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. (ii) 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. 7.7 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, Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T) and by having completed a site inspection. 7.8 OCCUPANCY LIQUIDATED DAMAGES Notwithstanding the above, if for any reason whatsoever, occupancy of any building occurs before the vital services listed in Clause 7.6 are installed to the home occupied to the satisfaction of the Township's Engineering Consultant, then the Developer agrees to pay to the Township, liquidated damages in the amount of TWO HUNDRED DOLLARS ($200.00), per dwelling, per day, to cover the additional costs of administration, inspection and fire protection, etc. The liquidated damages to 32 commence at and include the date of occupancy and end when the Developer obtains a certificate from the Township's Engineering Consultant that the vital services are satisfactorily installed. If the Developer fails to pay to the Township, monies owing under this clause within thirty (30) days of the date of the bill, the money may be deducted from the cash deposit or Letter of Credit or other deposited security. 33 PART-8 SUBSTANTIAL COMPLETION AND MAINTENANCE AND ACCEPTANCE AND FINAL ASSUMPTION OF MUNICIPAL SERVICES 8.1 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 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. 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 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. 8.2 MAINTENANCE OF MUNICIPAL SERVICING WORKS The Developer will be responsible for the repair and maintenance of all the Municipal Servicing Works for a minimum period of two (2) years from the date the Township approves the Certificate of Substantial Completion and Maintenance. This shall be called the Maintenance Period. During the Maintenance Period, maintenance of the Municipal Servicing Works shall include, but not be limited to: 34 • 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. 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 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. 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: 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 shall undertake an inspection to ensure that 35 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 shall not 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 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. 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 6.17 of this Subdivision Agreement. The Developer agrees to provide a copy of Clause 6.17 to each and every prospective builder/prospective purchaser of a lot or block within the Plan of Subdivision. The Developer and then subsequent owners, from time to time, of any lot or block within the Plan of Subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the Developer and then subsequent lot owner(s). Any invoices not paid within thirty (30) days after due date, shall be added to the tax roll and collected in a like manner as realty taxes as per Section 446 of the Municipal Act, 2001. 36 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. 37 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 2020. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per Per J. Teeter Title Mavor Title Deputv Clerk SOUTH SHORE CADEN ESTATES INC. v Robert Chesloclock Title President I have authority to bind the Corporation 38 SCHEDULE"A" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH SHORE CADEN ESTATES INC. DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the Township of Oro-Medonte (formerly Township of Medonte), in the County of Simcoe, and being composed of the whole of the lands described as follows: PCL 10-6 SEC 51-309; PT W1/2 LT 6 CON 14 MEDONTE; PT LT 132 PL 309 MEDONTE; PT LT 133 PL 309 MEDONTE; PT LT 134 PL 309 MEDONTE; LT 135 PL 309 MEDONTE; LT 136 PL 309 MEDONTE; LT 137 PL 309 MEDONTE; LT 138 PL 309 MEDONTE; LT 139 PL 309 MEDONTE &; PT MARIA LOUISA ST PL 309 MEDONTE PTS 1, 2, 51R12906, AS AMENDED BY LT436216; Township of Oro-Medonte (formerly the Township of Medonte), County of Simcoe, PIN 58521-0190(LT) W, SCHEDULE"B" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH SHORE CADEN ESTATES INC. PLAN OF SUBDIVISION 51 M- Lots 1-50 Block 51 Block 52 40 SCHEDULE"C" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH SHORE CADEN ESTATES INC. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of TWO DOLLARS ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Developer. All documents to be registered shall be prior approved by the solicitor for the Township The following land and easements shall be conveyed: • Block 51 to be deeded to the Township of Oro-Medonte as stormwater management pond block. • Block 52 to be deeded to the Township of Oro-Medonte as parkland block. • The 6.0 metre easement over Lots 22 and 23, Plan 51 M- ; to be granted to the Township of Oro-Medonte for storm drainage works installation and maintenance purposes. Refer to Parts 1 and 2 of Plan 51 R- The 9.0 metre easement over Part of Lot 6, Concession 14 (Medonte); to be granted to the Township of Oro-Medonte for storm drainage works installation and maintenance purposes. Refer to Parts 1 and 2 of Plan 51 R-42373. 41 SCHEDULE"D" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH SHORE LADEN ESTATES INC. DEVELOPMENT CHARGES The Developer acknowledges and agrees that the following development charges are payable on a per -lot basis prior to the issuance of a Building Permit for each lot, unless alternative arrangements with the body enacting the By -Law relating to development charges or education development charges, which arrangements have been brought to the attention of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian funds to the Chief Building Official of the Township: (i) Development charges in accordance with the Township of Oro-Medonte's By -Law at the rate applicable, upon the issuance of the first Building Permit for each lot upon which charges are payable. (ii) Educational development charges in accordance with the Simcoe-Muskoka Catholic District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable; and (iii) Educational development charges in accordance with the Simcoe County District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable. Please also be advised that specific rates applicable to each lot in the Plan of Subdivision can be obtained by contacting, for the Township of Oro-Medonte, the Treasurer; for the Simcoe-Muskoka Catholic District School Board, the Associate Director of Education; for the Simcoe County District School Board, the Superintendent of Facility Services; and in the case of the County of Simcoe, the County Clerk. Also, please be advised that the above -referenced By -Laws enacted pursuant to the Develooment 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. 42 SCHEDULE"E" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH SHORE CADEN ESTATES INC. SUBDIVISION AGREEMENT - 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 ICC Publication No. UCP 500. TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 148 Line 7 South, Oro-Medonte, Ontario, LOL 2E0 We hereby authorize you to draw on the Bank of Ontario, ,for the account of up to an aggregate amount of ($$$$$$$$) which is available on demand. Pursuant to the request of our said customer, we, the Bank of Ontario, hereby establish and give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-Medonte. The original Letter of Credit must be presented to us at: Bank of Ontario, . The Letter of Credit, we understand, relates to a Subdivision Agreement between our said customer and the Corporation of the Township of Oro-Medonte, with Mortgage Comganv, as a third party, regarding subdivision of (property description) The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Oro-Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the present, or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. Dated at , Ontario, this day of 2020. Authorized Signature Authorized Signature Bank of 43 SCHEDULE "F" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH SHORE CADEN ESTATES INC. PARKLAND DEDICATION / CASH IN LIEU Block 52 on Plan 51 M- 44 SCHEDULE"G" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH SHORE CADEN ESTATES INC. SERVICING WORKS TO BE CONSTRUCTED Construction of storm sewers and appurtenances, watermains and appurtenances, including service connections, all road works, including curbs and gutters in accordance with the approved Engineering Drawings to service the Kayley Estates subdivision (South Shore Caden Estates Inc.) in the Township of Oro-Medonte. LIST OF DRAWINGS Description Drawina No. TITLE PAGE/LIST OF DRAWINGS Draft 51 M- Plan Draft Reference Plans 51 R- General Servicing Plan GS-1 General Servicing Plan GS-2 Siltation and Erosion Control Plan SC-1 Water Distribution and Testing Plan WAT-1 Composite Utility Plan CUP-1 Composite Utility Plan CUP-2 Stormwater Management Plan and Details SWM-1 Lot Grading Plan LGA Lot Grading Plan LG-2 Lot Grading Plan LG-3 Lot Grading Plan LG-4 Lot Grading Plan LG-5 Lot Grading Plan LG-6 Plan and Profile Demont Drive PP-1 Plan and Profile Cheslock Crescent PP-2 Plan and Profile Cheslock Crescent PP-3 Plan and Profile Cheslock Crescent and Chamberlain Crescent PP-4 Plan and Profile Richelieu Road PP-5 Plan and Profile Storm Outlet Easement PP-6 Plan and Profile Storm Outlet Easement PP-7 Notes and Details DE-1 Notes and Details DE-2 Notes and Details DE-3 Tree Protection Plan TP-1 Tree Protection Plan TP-2 Streetscape Planting Plan LP-1 Streetscape Planting Plan LP-2 Streetscape and Open Space Block 52 Planting Plan LP-3 SWM Pond Planting Plan L-SWM-1 Butternut Compensation Planting Plan COMA Butternut Compensation Planting Plan COM-2 Landscape Details LD-1 Landscape Details LD-2 Roadway Lighting Calculation Eta Roadway Lighting West E1 Roadway Lighting East E2 Details Hydro One Networks Inc. Bell Canada Rogers Communications E3alt 00340-17-222 401, 603-608, 701 S180254C1.S180254C2 45 Enbridge Gas 19943211, Page 1 to Page 4 Note: The aforementioned drawings were stamped "Accepted for Construction" by the Township's Engineering Consultant on March 1, 2019. 46 SCHEDULE"H" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH SHORE CADEN ESTATES INC. ITEMIZED COST ESTIMATE OF SERVICING WORKS: The following list summarizes the cost estimate of the major servicing works but is not necessarily inclusive: Original Remaining Completed Outstanding Work Work A) Site preparation including removals, clearing and grubbing, and topsoil stripping $517,199.50 $0.00 $517,199.50 B) Siltation & Erosion Controls $52,190.00 $11,190.00 $41,000.00 C) Road Work $976,696.00 $311,612.50 $665,083.50 D) External Work $32,588.50 $32,008.50 $580.00 E) Storm Drainage works complete including storm drainage outlet, SWMP $446,221.00 $36,665.00 $409,556.00 F) Watermain works completed including piping, valves, hydrants and services $323,112.50 $0.00 $323,112.50 G) Miscellaneous items such as signs, pathways, fencing and access gates $1,500.00 $1,500.00 $0.00 H) Electrical Supply including street lights and transformers $99,750.88 $24,937.72 $74,813.16 1) Landscaping $137,525.00 $103,143.75 $34,381.25 SUB -TOTAL $2,586,783.38 $521,057.75 $2,065,725.91 J) 10% Allowance for Engineering and Supervision $258,678.33 $52,105.75 $206,572.59 TOTAL $2,845,461.72 $573,163.22 $2,272,298.50 13% HST $369,910.02 $74,511.22 $295,398.81 TOTAL COST $3,215,371.74 $647,674.44 $2,567,697.31 LETTER OF CREDIT REQUIRED FOR SUBDIVISION AGREEMENT Remaining Outstanding Work 20% of Completed Work TOTAL SECURITIES FOR SUBDIVISION AGREEMENT less CURRENT PRE -SERVICING SECURITIES ADDITIONAL SECURITIES TO BE POSTED $647,674.44 $513,539.46 $1,161,213.90 $1, 314,182.69 -$152,968.79 47 SCHEDULE "H" (continued) NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH SHORE CADEN ESTATES INC. LETTER OF CREDIT SUMMARY KAYLEY ESTATES SUBDIVISION TOWNSHIP OF ORO-MEDONTE CONTRACT NO. 315833 COMPLETE COST ESTIMATE (FOR SUBDIVISION AGREEMENT) ACTUAL AS OF November 13, 2019- Revision 11 Prtparetl lo, Ton.. Engineering - Brad Larne, P.Eng Item Spe[ Est Unit Amount Units !i Complete Amoont Amount to be No. No. Description Unit O[Y. Rice Bid Completed CDm . ed Completed 10 SITE PREPARATION 1.01 Clearing and GmEOing m' 45,294 S 5.00 S 226,470.00 45294 SOD% £ 22647000 S - L02 Strip and Stockpile Topsoil Its 22,459 S 250 $ 55,147.50 22459 100% S 56,142.50 S - L03 E Gwatoo and Grading(including SWM pond and Storm Outlet ins 39097 S 6.W S 234,58205 39097 109% $234.582.W 8 - Easement) SUBTOTAL SITE PREPARATION 5 517,299.50 S 517,199.50 S - to 20 ( [L� p,� \O(1 aleavy DutyA$I t Fen eS(7n ales Tree Protection Fence) 2.946 S 1500 S 4g190 (O 2500 85% S 3J,5W.00 S 6,690.00 202 Temporary Rock MCI, Dam ea 9 S 50100 S 4,500.05 0% S $ 4,500U0 2.03 Stone Mud -Mat ea_ 1 S 3,500.00 S 3,SOO.W 1 100% $ 3,50BW $ - SUBTOTAL SILTATION AND EROSION CONTROL S 52,290.00 S 41,000.00 S ll190.00 20 DEMONT DRIVE WATER MAIN 3.01 150 mm tlia. Water Main in 323 $ 155.00 $ 48,450W 323 1WY $ 48.430.GO S - 3.02 Single ID hen Water Service a)Long S.D S 1,SW.W S 7.500.00 5 SW£ S 7,500.00 $ - b)Short 8.0 $ 11000AO $ B.Dol 8 1000. 8 8,000.00 8 - 303 Hydrant, Valve& Lead an 20 5 5,0W.W $ 10,WO.W 2 1W% S 10,000.00 S - 3.04 150 mm Valve and Box to 40 S 1,500.W 5 6,000W 4 100% S 6,000.Oo S - 3.05 Connect D, Eodting Watermain ea. 20 S ?5o5.00 S 5,00000 2 100% $ 5,00DW S - SUBTOTAL WATERMAIN 5 84.950.00 5 84.950.00 5 - ROAD WORKS 3.06 Grandlar'B'(3W mm) ms 3132.0 S 10.W S 31.320.00 3132 1WS 8 31,320.00 S - 3.0) Granular'A'(150mm) 2255 $ 8.00 $ 2,O40W 2755 1W% $ 22,040.W S - 3UB Granular'A' Shouldering(50 mm) IT, 529 S 4.00 S 2.116.00 0% $ - S 2.ati 00 3.09 SOmm HL-8 Binder Course ASPhaft in,2030 S 9.00 S n827(100 2030 100% S 18.2M(00 S - 31D 40 mm HL-3 Surface Course Asphalt m2 2030 S SO.W $ 20.MLoo 0% S - $ 20,3W50 311 Grade, Lou mm Topsoil and Sod Boulevard! Tu2 2830 $ 5.00 $ 14,150.00 2547 90 i S 1?235 W S 1,4155U 3n 50 mm HL-3 Driveway Approach([/w 1W Turn Gmnular'A'and w ]3 $ 2,275.0) $ 29,575W 0% S - S 29,525.00 J Om 450mm Culvert) 313 Permanent Rock Check Dams ea. 10 S 50D.W S S,oW.W OX $ - S 5,000.00 314 Entrance c/W PlaUomt and 3.M 450. Culvert S - S - a)Fire HyCrant as ?0 $ 2,000.00 $ 4,000GO 2 100% $ 4,00000 $ - b)Hydro Transformer aul 20 S 2,000.00 S 4,000W 2 100% S 4,000.00 S - SUBTOTAL ROAD WORK 5 150,77L00 5 92,365.00 S 58,406.00 EXTERNAL DEMONT DRIVE ROADWORKS 315 Remove and dispose or ..'sting asph.R m2 250 S ?50 S 625.00 250 100% $ 625.00 S - 3.16 K mm Hl-B Binder Course Asphalt m'- 250 S 9.00 S 2,250.0D 250 100% $ 2,250.00 $ - 312 40 mm HL-3 Surface Course Asphalt Tu2 250 10.0D S ?SWW 250 1W% $ 2,500.00 $ - 518 375mm HDPE Culvert in 163 S 2WW S 3,2W.00 16.3 100% S 3,260.00 $ - SUBTOTAL EXTERNAL 5 8,635.00 5 0,635.0 S - MISCELLANEOUS WORKS 3.19 Street5igns aa. 2 S 250.00 S 50100 0 O% S - S 5(X`.0O SUBTOTAL MISC. 5 500.00 5 - 5 300.00 SUBTOTAL DEMONT DRIVE $ 244,656.00 S 185,950.00 5 $8,206.00 4.0 CHESLOCK CRESCENT WATER MAIN 4.01 150 mm tlia. Water Main In 286 S 150.00 $ U7,900W 286 1W% $ 117,900.00 $ - 4.02 Single 20 mm Water Service a)Lon9 ea. 23D S 1,5K.W S 34,SO000 23 1WX S 34,500.00 S - b)Short an 1A0 S 1,000.00 S 14,WO.W 14 lODX $ 14.000.W $ - 403 Hydrant. Valve &Lead 5.0 S S." do S 30,WD.W 6 1004 S 3QOW.W S - 4.04 15D mm Valve and Box ea. 20 3 1,SWW S 3,Ooo00 2 100% S 3,OW.W $ - SUBTOTAL WATERMAIN B 199,400.00 5 199,409.00 $ - ROAD WORKS 4.05 Granular'8'(300mm) m2 19656 S 10.00 S 196,S60.W 19656 100% S 196,SW.W S - 4.06 Granular'A'(1W mTu) Ile 17NO S Boo S 138,321LW 192W 100% $ 13B'UBoo $ - 407 Granular -A' Shouldenlp(Wmm) m' 1408 S 4W S 5,632.0O 0% S - S 5.632.00 45B 50 mm HL$ Binder C0Umm Asphalt ms 12740 $ 9 W S 1LS,E60 W 3740 300% S 114,660.00 S - 409 40 mm HL-35usfIce CWne ASlMalt m2 12740 S 10.00 S )2T,40000 0% - S 127,4W.00 4AD Grade, lK mm Topsoil and Sod Boulevard mc 82W S 5.W $ 41.04500 7388 Sol $ 36,94DO) S 4,05.00 412 SD Turn HL-3 Driveway Approach(c/w LED Turn Granular'A'and we 32 S ?275.00 3 &4,175.00 1.5 41. 5 3,41250 S 8078250 ?Om 450mm Culvert) 4]2 Permanent Rock Check Dams ea. 26 $ 50000 S 13,W0W 0% S - S 3,OW.05 4.13 Entrances/w Platform and 3.0Tu 450mm Culvert $ S - a)FireHydrant 6.0 S ?WO.W S 1ZOOBOO 6 1W% S 1'000.W S - b)HydrOTranSfOrtner ea_ 50 5 2.000.00 S 10,W0.K 5 100% $ 10,000.00 S - 48 SCHEDULE "H" (continued) NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH SHORE CADEN ESTATES INC. LETTER OF CREDIT SUMMARY It.. Be.. ESL Unit Amount Vnitx SComple[e Amount Amaun[to be No- No- Description Unit Ory. price Bid Completed Comuleted Completed 4.14 600mm HOPE Culvert on 416 5 3W.00 3 L480.00 41.6 100w v L.480.00 S - SUBTOTAL ROAD WORK 5 75527200 5 524.37250 S 230.09950 MISCELLANEOUS WORKS 4.1r Sn.1,51gns ea. 2 S 250.00 5 SGIM 0 0% - 5 SOON 4.16 Mailbox Pads ea. 1 S 250.00 5 250.CO 0% SUBTOTAL MISC. 5 750.00 S - S 150.00 SUBTOTAL CHESLOCK CRESCENT S 955,422.00 S 723,7)250 5 231,649.50 SA RICHELIEU ROAD WATER MAIN 501 SO mm ca.. Water re iWS S 150.00 S 24.075.00 1605 LOOS 5 241.073.0(1 S - 5.02 IN mm Aa. Water MeN an iss S IISAO S 1.937.W 15.5 LOOS 1.937.50 S - 5.all Hydrant. Valve &Lead 10 S S..Go S 5.000.W 1 10S S 5.No 00 S - 5.04 ISO mm Valve and Box 10 1.5N.N S a0N OD Mo..S 3.00l S - 5.05 SN mm Valve and Box 10 1250N 5 1.250.00 1 10S 3 1250.N $ - 506 COMect to Existing Watemaain re, LO 5 3.500.00 5 3,SN.N 1 10S S SUBTOTAL WATERMAIN 5 38]6.50 5 38,]6250 S - ROAD WORKS SOl Grander'9'(300 mm) m' 1663 a MIX) 5 16,Gi0mo 1663 100% S 16.650.N £ - 5.08 Granular 'A'(150 mm) 1%3 S S.N 5 11704.00 14G3. 10S S 11.7GLOO S - 5.09 Granular'AShouldering (50 mm) 1408 a 1. S S632N S S - S 5.63200 5.10 50 mm HL-e Binder Course Asphalt on, SWB 5 9N S 9.102.N M78 10 % 5- 9.702.N S - 511 4O mm 111-35urface Course Asphalt in 1NB S IGN 5 10.7BO.00 S 5 S 10,]BO.N 5.12, Gratle. IN wawa Topsoil and Sod Boulevard m 1SSS S GDO S 7.795.00 ]80 SS -1 i,9N.0O £ 3.895.00 S.li Permanent Rock Check Dams ea. 4 5 SN.N 1 2.ON.N O% S - S 2.O GSD SAIL Entrance c/w MaHorm and 3.Om 4SOmm Culvert $ 5 - soFeeHydrant as 10 S 2.000UU S 2.000.00 1 100% 3 2.oUDW £ - 515 6COmm H.P. C.ken, an 147 S 300.00 5 4.410.00 14.7 Mo. S 4.41000 S - SUBTOTAL ROAD WORK S 70,65300 S 48346.00 S 22,307.00 ETERNAL RICHELIEU ROAD WORKS SAS Remove and dispose of existing asphalt orl 185 S 2.50 5 462.W 105 10S 5 462.SO 5 - m Remove and reinstate existing granular driveway W sports park no3i8 Is. 4.1T6.N 5. LOOS S 4.1)6.N S - 5 rT r (c/w 150mm Granular -A') SIB Remove existing 3N Cog culvert ea. 3 r IN.N $ 3W.03 3 100% $ SN.N £ - Remove and replace exube, 9Nmm x 300mm C5P with eOOmm x 1 £ 6.500.0) 5 6.50100 1 1N% S 6.500.00 £ - 519 as WmC3P Remove and relmtata ex. gravel drweway (c/w 130mm Granular AS 3 SN.N S 1SN N 3 10S S 1SN.00 $ - B 20 a A� Ranove and Selena to ex. Asphalt driveway(C/vn 50mm HL-3 aM 24 S W.N 1.200.00 24 LOOS S 1200.N £ - 521 ra SOmm Gramrlar'A7 5 5- 50 mm HL8 Binder Course Asphalt not1A5 $ 9.00 5 LESS.. .5 10S S 1663.00 S - 40 mm HL4I Surface Course Asphalt 1&5 2 10.N $ L.S. N IRS 10S 5 1850.00 £ - 5.24 3Nmm C5P Culvert in 28-6 S 2N.00 S S.720.N 2R.6 10S $ 5.720.0c, S - 525 Date. 100 mm Topsoll and Sod Boulevard no,116 a 5.N S 580.00 0 S $ - S 580.00 SUBTOTAL EXTERNAL 5 23,953.SO 5 23,373-50 S $00.00 MISCELLANEOUS WORKS 526 Street Sgns ea. _ S 150.00 S 250.00 0 S 5 - S 250.00 SUBTOTAL MISC. S 250.00 S - 5 250.00 SUBTOTAL RICHELIEU ROAD S 133.619.00 S 110,482.00 S 23,137.00 6.0 STORM DRAINAGE DRAINAGE SWALE LOT 11-21 6.01 Gratle. IN mm Topsoil and Seed Swale m- 2760 S S.N 5 r.SoGN 0% S - S IS'Syl DRAINAGE SWALE LOT 22-23 6-02 Grade, IN mm Topsoil and Sod Sw xe m 360 $ 5 00 $ '.Boom 0% 5 - S 1,BOO.e, DRAINAGE SWALE LOT 24-28 6.03 Grade, IN wawa Tops al and Sod Swale m- 998 S 5.00 S 4,990.00 0% 5 - S 4,990.N DRAINAGE EASEMENT TO OUTLET 6.04 Catch Basin Maintenance HIS. ING mm oll 6 S 5.5N.00 $ 33.0mN 6 100% S 33,000.00 S - 6.05 Storm Maintenance Hole, 1500 mm tlia. 2 S 5.500.00 5 1pN.W 2 Tom 5 11,000.00 S - 6.06 52Smm tlia. HOPE Storm Sewer In 462A $ 325.0 5 150,250.00 4624 IDS S ISM80.00 S - 607 Scone HI=0InsulahOn m3 352.6 S 25.00 5 9,065A2 362.6 1N% S gNsTlo S - 6.n8 Grade, IN wawa Topsoil antl Seed Swale ni 2445 S 5.00 5 2225.N 0% S - S 11�05.00 SUBTOTAL STORM DRAINAGE S 236,160.00 5 203,345A0 $ 32KIS.00 7.0 gTnQM WATER MANAGEMFMUL POND 7.01 Ditch [met Catch Basin Maintenance Hole, 150Omm dim. ea. _ S 6,000.00 S 6,000.N 1 100% S 6NO.N S Storm Maintenance Hole, 1500 mm the. (c/w Precast Control Weir S 10,000.00 5 10,000.N 1 100% 5 ID,NO N S - 7.02 aa_ _ Strusure) Outlet Snuc[ure in SW M Pond (12 in dim. Pre -Welched CAP c/w ea. _ 83.S00.00 7.03 cover) Ins. 50-7 mm Dia. Rip Rap 5 3'sol 1 100% S 3,500.00 S - ].OS 600 mm die. HDPE Storm Sewer an 15.7 S Boom S 4,7ID-00 15.7 IDS £ 4,710.N £ - 49 SCHEDULE "Hit (continued) NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH SHORE CADEN ESTATES INC. LETTER OF CREDIT SUMMARY It.. Spec I st. No. Description Unit day.],05 525 min dia. HOPE Storm Sewer be lOtr2Wmm dia Rip Rap, 300mm Deep Over Tonal 27OR Filter 940 $ 106 Peptic m 707 Bioretention Filter Media - Engineered Soil layer (In depth) or 646 $ 7.08 Bioretention Filler Media- Clear Stone Layer Concern depth) mi 2584 $ 309 Bioretention Mulch Layer(TSmm depth) m 48.5 $ 110 Concrete Cable Mat mt 41 $ Q Om Maintenance Path c/w 50mm Crasher Run Limestone over $ 7.11 200mm Granular 'A' not121T 712 Concrete Cable Ma[ M243 S 7 n walkway Gate (3.14-06) se 1 $ 214 Re, min Topsoil and Seetl 2348 70 18 m Chain Link Fence no43O $ 716 9.Om Wide Swing Gate ea. 1 $ SUBTOTAL (section 1- ) "STREE LIGHT COSTS PER HAPAMP QUOTE PART I" "LANDSCAPE COSTS PER Ed ESTIMATE— SUBTOTAL(ALL) Engineering and Inspection (10%) SUBTOTAL HST (13%) TOTAL PRICE Cash Deposit Amount(Administration and Review) Unit Amount Units Amount Amount to be Price Did Completed is complete cocri d Ciurnii etl 2)5 id y 10,615.w 386 300% £ 10.61500 S - 3500 11 3?90000 940 100% 5 32.90".00 $ - 7500 $ 40,4500t) 646 SWX $ 48A50.00 £ - 65.00 S 15,79600 258.4 10(X $ 36,99600 $ - Good $ 2,910Oo 48.5 100% S 2.91000 $ - 25.00 $ 1.025 W O% $ - 5 1,025 Do 2000 $ 24,340.00 3212 1001, $ 24.34o Uo $ - 25.D0 $ 1.015.W O% $ - $ 1,075.00 1,250.00 $ 1,750.00 O% $ - $ 1.150.00 500 $ 11,740GO 23" 1W% S =,140.00 $ - 75.00 $ 32,250.00 430 100% y 32,250.00 $ - ?aW.oO $ ?ODO.W a 1Ol y 2,GW.00 $ - $ 230,061.00 $ 206,2] ,00 $ 3A50.00 S 2,34%507.50 $1,187,160.00 $ 361,347.5D $ 99.75088 75X $ 14,813.16 S 24,932J2 $ 137$25.00 25X $ 34,38125 $ 103.243.75 It 2,596,19336 $2,097,154.41 It 469,628.97 $ 258,618.34 $2A46,46i72 $369.910.2 $3,215,37174 $10,a00 W 50 SCHEDULE "I" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH SHORE CADEN ESTATES INC. DECLARATION OF PROGRESS AND COMPLETION SUBDIVISION: KAYLEY ESTATES DEVELOPER: SOUTH SHORE CADEN ESTATETS INC. CONSULTING ENGINEER: TATHAM ENGINEERING LIMITED As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE AND SOUTH SHORE CADEN ESTATES INC. The Developer(s) dated February 18, 2020 1. 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 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 8.5, shall be complied with. On or Before a) Sanitary Sewers and Lateral Service Connections N/A b) Water Main and Servicing Connections Julv 2019 c) Stormwater Management Pond July 2019 d) Storm Sewers / Ditches / Basins July 2019 e) Road Base - Granular "B" and Granular "A" July 2019 f) Base Lift of Asphalt on or before Auaust 2019 g) Installation and Energization of Streetlightinq January 2020 h) Black Vinyl Chain Link Fencing Auaust 2019 i) Landscaping / Street Trees Auaust 2022 j) Parkland Servicina July 2019 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; 51 The Developer further agrees to shall apply calcium or other Ministry of the Environment, Conservation and Parks 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 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 SOUTH SHORE CADEN ESTATES INC. P �� obr((:�� Title U'CrJC✓,,4 Date 52 SCHEDULE "J" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH SHORE CADEN ESTATES INC. WINTER ROAD MAINTENANCE It is agreed by the Developer that there shall be NO exception to the liability borne by the Developer to provide ALL road surface maintenance until the issuance of the Certificate Acceptance and Final Assumption including (but not limited to) Winter Road Maintenance. Refer to Part 8 of this Agreement It is agreed by the Developer that Winter Road Maintenance shall include; snow plowing, sanding, salting, snow removal and any other winter maintenance operations, undertaken in a time frame and of the appropriate service level to assure safe vehicular operation within the subdivision. It is agreed by the Developer that Winter Road Maintenance shall only be carried out by the Township's Operations and Community Services Department at times deemed by the Township to be an emeraencv. The Developer also agrees that ALL costs of such work shall be paid by the Developer within thirty (30) days of the date of billing or otherwise may be deducted from the cash deposit or Letter of Credit. It is agreed by the Developer that should damage or interference with the municipal servicing works of the Developer by the Township undertaking emeraencv 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. It is agreed by the Developer that emeraencv winter control operations shall not prejudice the Township's rights to enforce the maintenance provisions and Substantial Completion and Maintenance or Final Acceptance and Assumption provisions in this agreement. SOUTH SHORE CADEN ESTATES INC. j Pam_ ,tr= Title �fC�i�C✓1� �! �--c "_k. rl-� /� 0-wo Seal or Witness Date 53 SCHEDULE "K" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND SOUTH SHORE CADEN ESTATES INC. LIST OF LOTS REQUIRING SPECIAL ATTENTION a) Refer to Section 7.2 which outlines specific requirements for all lots on the Plan in order to obtain Building permits for each and every lot. 54 0 5- ° 0 Z o C 0 m C v o D -I 0 0)o oa �. S O w C CDCC,o '6 '9 C Q.: CD CD ,� CDv �. --� h 'D a N v m o o ° "O a a N O 7CD N a O a v N U) N N_ O. O a° O N W O� O n S d v (D a DCD ) CD y N O N O (O N n 3 v .t N 7 7 W N m + @ S m v c C) (o D s D ° r+ CD v W N tD N 9 '* cy D) cD (O (D �' � n Q ry O N (D tN N (D * 0 N '0 r N 3 m v v 3 v S m m p c ° n 3 O (D S CC , mCD n m o CD o c r U C) —_ 3 O O0 v Q O O S -y` N O+ 0 S (D O L n S C (n m Z CD 3 y 7" N (D Cr O a. 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