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2020-060 By-law to Authorize the Execution of a Pre-Servicing Agreement with Braestone Dev. Corp. - Georgina Grande Dr. Construction Access Rd (phase 2B - Grp D) for: Part of the East and West halves of lotsThe Corporation of the Township of Oro-Medonte By-law No. 2020-060 A By-law to Authorize the Execution of a Pre -Servicing Agreement with Braestone Development Corporation — Georgian Grande Drive Construction Access Road (Phase 2B - Group D) for: PART OF THE EAST AND WEST HALVES OF LOTS 2 AND 3, CONCESSION 9 BEING ALL OF PIN # 58532-0275(LT) FORMERLY IN THE TOWNSHIP OF ORO, TOWNSHIPOF ORO-MEDONTE, COUNTY OF SIMCOE Whereas Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; And Whereas the Council of the Township of Oro-Medonte deems it advisable to enter into a Pre -Servicing Agreement with Braestone Development Corporation for the following lands: Georgian Grande Drive Construction Access Road (Phase 213 Group D) for: Part of the East and West halves of Lots 2 and 3, Concession 9 Being all of PIN # 58532-0275(LT) Formerly in the Township of Oro, Township of Oro-Medonte, County of Simcoe. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: That the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, a Pre -Servicing Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule 'A'. 2. That the Township of Oro-Medonte shall be entitled to enforce the provisions of the Pre -Servicing Agreement against the owners of the land; 3. This by-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this 10th day of June, 2020. The Corp ration AL) he Township of Oro-Medonte Mayor, H.S. Hu es Cler Yvonne Aubichon �� �Towi�� Proud Heritage, Exciting Future PRE -SERVICING AGREEMENT - between - BRAESTONE DEVELOPMENT CORPORATION -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE PART OF THE EAST AND WEST HALVES OF LOTS 2 AND 3, CONCESSION 9 BEING ALL OF PIN # 58532-0275(LT) FORMERLY IN THE TOWNSHIP OF ORO, TOWNSHIPOF ORO-MEDONTE, COUNTY OF SIMCOE TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE JUNE 10, 2020 By -Law No. 2020-060 PRE -SERVICING AGREEMENT THIS AGREEMENT MADE BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called the "Township") - and - BRAESTONE DEVELOPMENT CORPORATION (hereinafter called the "Developer") WHEREAS the Developer is the registered owner of the lands described in Schedule "A" attached (the "Subdivision Lands"); AND WHEREAS the Developer desires to commence installing municipal services within the Subdivision Lands, prior to the registration of the Plan of Subdivision and the execution of the Subdivision Agreement with the Township; NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: ASSUMPTION OF RISK BY DEVELOPER 1.1 The Developer agrees to assume all risk in commencing installation of Township services, as defined in Article 1.4 hereof, on the Subdivision Lands, prior to the execution of a Subdivision Agreement with the Township and the registration of the Plan of Subdivision. The Developer hereby releases the Township, its agents, servants and employees from and against all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly as a result of the installation of Township services by the Developer. 1.2 The Developer acknowledges and agrees that, in the event that a Subdivision Agreement with the Township is not finalized for any reason and the Plan of Subdivision is not registered as a result, pre -servicing of the Subdivision Lands shall cease immediately. 1.3 The Developer acknowledges and agrees that Engineering design plans and specification for the Township services to be installed by the Developer, as submitted to the Township, in accordance with the terms of this Agreement, may require further amendment as a result of requirements imposed by the Township under the terms of the Subdivision Agreement to be entered into for the Subdivision Lands. The Developer covenants and agrees to assume all risk and responsibility for the cost of required revisions to the Engineering design drawings and specifications for the Township services, together with the costs of modifying, reconstructing, removing and/or replacing the Township services installed by the Developer, pursuant to the terms of this Agreement, in order to satisfy the requirements finally imposed by the Township at the time that the Subdivision Agreement is entered into. The Engineering Design plans are as follows: TATHAM ENGINEERING LIMITED (Contract No. 103059-13) Georgian Grande Drive Construction Access Road Ph2B — Group D Title Page I ndex PH-1 Phasing Plan GS-2 General Servicing Plan GS-3 General Servicing Plan GS-4 General Servicing Plan SC-2 Siltation and Erosion Control SC-3 Siltation and Erosion Control SC-4 Siltation and Erosion Control Details SC-7 Siltation and Erosion Control Details STM-2 Storm Sewer Drainage Plan STM-3 Storm Sewer Drainage Plan STM-4 Storm Sewer Drainage Plan SWM-1 Stormwater Management Plan and Sections SWM-2 Stormwater Management Plan and Sections SWM-3 Stormwater Management Sections and Details LG-4 Lot Grading LG-7 Lot Grading LG-8 Lot Grading LG-9 Lot Grading LG-11 Lot Grading LG-12 Lot Grading PP-1 Plan & Profile Oldenburg Court PP-2 Plan & Profile Oldenburg Court PP-3 Plan & Profile Cleveland Court PP-4 Plan & Profile Easement Friesian Court — Oldenburg Court PP-8 Plan & Profile Easement Oldenburg Court PP-20 Plan & Profile Easement Oldenburg Court GA-1 General Arrangement GA-2 General Arrangement GA-3 General Arrangement GA-4 General Arrangement S-1 Decorative Bridge General Arrangement Plan and Notes S-2 Decorative Bridge Notes and Details D-1 Notes and Details D-2 Township Details D-3 Township Details D-4 Ontario Standards and Township Details D-5 Ontario Standards and Township Details D-6 Ontario Standards and Township Details WAT-1 Water Distribution and Swabbing Plan WAT-2 Water Distribution and Swabbing Plan (Accepted for Construction by The Jones Consulting Group Ltd. on January 9, 2020) 1.4 The Developer acknowledges and agrees that this Agreement relates to and permits the installation of the following Township services on the Subdivision Lands: 1. Site preparation (clearing and grubbing, strip, load, transport off -site and stockpile on -site topsoil); 2. Earthworks (on -site grading and excavation, importing and placing fill); 3. Road works; 4. Installation of watermains; and 5. Drainage works, storm sewers and stormwater management works. 1.5 The Developer acknowledges and agrees that no work shall be carried out on any existing Township right-of-way, and that there shall be no connection to services on any Township right-of-way. 1.6 The Developer acknowledges and agrees that no work shall be carried out on lands not owned by the Developer, without the written consent of the owner to be filed with and approved by the Township. 1.7 The Developer acknowledges and agrees that all Servicing Plans must comply with Federal, Provincial and Township laws, By-laws, standards and policies. 2. REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK 2.1 The Developer agrees to submit the following to the Township, in a form satisfactory to the Township, prior to the commencement of the installation of Township services on the Subdivision Lands: a) A letter from a qualified Engineer experienced in the field of Township services confirming: Retainer - That their firm has been retained by the Developers to act as Consulting Engineers for Braestone Development Corporation. 2. Terms of Retainer - The terms of their retainer with the Developer as follows: a) Plans and Specifications - Prepare plans and specifications for the construction of Township services; b) Cost Estimates - Prepare cost estimates for the Township services to be constructed from the drawings; c) Approvals - Obtain all necessary approvals to construct; d) Co-ordination - Co-ordinate the installation of Township services to avoid conflicts with regards to telephone, cable T.V., and Township services; e) On -Site Inspections - Ensure that all on -site inspections of Township service installations are conducted by the Developer's Consulting Engineers at all times during construction; f) As -Constructed Drawings - Submit certified "as -constructed" drawings after acceptance of the Township services; g) Change in Retainer — If at any time during the project: i) The terms of their retainer are changed by the Developer, or; ii) If they become aware that they will not be able to provide "as constructed" drawings, they will notify the Township within twenty-four (24) hours; h) Erosion and Siltation Control - Ensure all necessary precautions are taken to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream, prior to and during construction. b) Confirmation letters are to be filed with the Township Clerk, confirming the following: 1) The Township Engineering Consultant has no objection to the pre - servicing; 2) The Planning Division has no objection to the pre -servicing; 3) The Nottawasaga Valley Conservation Authority has no objection to the pre -servicing; and 4) The Township Solicitor has no legal objections to the pre -servicing. c) Payment of cash or certified cheque required to cover the cost of the Township's lawyer and Planner for all costs involved in processing the Pre - Servicing Agreement, and for all the Township Engineering Consultant for checking of plans, specifications and inspection on behalf of the Township for the sum of Ten Thousand Dollars ($10,000). As accounts are received from the Township Planner, lawyer, and Engineering Consultant, they will be paid by the Township and then submitted to the Developer for reimbursement within thirty (30) days. In the event that the deposit is drawn down to a level of Five Thousand Dollars ($5,000) or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer is in default of this Agreement and all work must cease; d) A Letter of Credit, as per Schedule "C", in the amount set out in Schedule `B", attached, as security to ensure the due completion of the Township services to be constructed by the Developer, and as security to be held by the Township for the warranty periods to be more particularly described in the Subdivision Agreement for the Subdivision Lands. The said Letter of Credit shall provide that if in the sole opinion of the Township, default under the terms of this Agreement has taken place, the said Letter of Credit may thereupon be drawn upon in whole or in part; e) A certified copy of an insurance policy, or a certificate of insurance, confirming comprehensive general liability in the amount of Five Million Dollars ($5,000,000.00), naming the Township and The Jones Consulting Group Ltd. as co-insured, and containing the following additional provisions or endorsements: 1) Products/Completed Operations provisions; 2) Cross -liability clause; 3) Notice of Cancellation - a provision that the insurance company agrees to notify the Township within fifteen (15) days, in advance, of any cancellation or expiry of the said insurance policy. f) All Servicing Plans shall be submitted to and accepted by the Township Engineering Consultant. 3. INSPECTION BY THE TOWNSHIP 3.1 The Developer agrees to permit unrestricted access to the Subdivision Lands to the Township and its agents for the purpose of inspection of the Township services to be installed by the Developer. Notwithstanding that inspections may be conducted by the Township or its agents, the Developer shall bear sole responsibility for the soundness of the Engineering design of the Township services, and for ensuring that the Township services to be installed will function, as intended, and will be compatible with the final Plan of Subdivision when and if such Plan of Subdivision is approved. 3.2 If, in the opinion of the Township, there is an emergency situation as a result of any work undertaken by the Developer or its servants, or agents, which requires immediate attention to avoid damage to private or public property or services owned by the Township or to eliminate a potential hazard to persons, such work may be done immediately by the Township at the expense of the Developer, but notice shall be given to the Developer at the earliest possible time. 4. APPLICATION OF SECURITY 4.1 In the event of default by the Developer under the terms of this Agreement, or if the Township is required to enter onto the Subdivision Lands or the abutting Township lands to conduct any work on the Township services or the connection of the Township services to facilities due to an emergency, the Township shall be entitled to draw upon the security posted by the Developer pursuant to the terms of this Agreement, in whole or in part, to cover the costs incurred by the Township in remedying the default on the part of the Developer, or in addressing the emergency situation. 5. NO REDUCTION OF SECURITY 5.1 The Developer acknowledges and agrees that no reduction in the amount of security filed by the Developer with the Township, in accordance with the terms of this Agreement, shall be permitted until such time as the Developer has entered into the Subdivision Agreement for the Subdivision Lands with the Township. Thereafter, any reductions in the security posted by the Developer shall be completed in accordance with the terms of the said Subdivision Agreement. 6. NO ASSUMPTION OF TOWNSHIP SERVICES 6.1 The Developer acknowledges and agrees that the Township shall not be required to assume the Township services to be constructed by the Developer, pursuant to the terms of this Agreement, until such time as the Developer has entered into a Subdivision Agreement with the Township for the Subdivision Lands, and the Township services have been completed, inspected, and approved. 7. NOTICE 7.1 Any notice required to be given pursuant to this Agreement may be given by prepaid registered post to the Developer at the following address: Braestone Development Corporation 85 Bayfield Street, Suite 500 Barrie, ON L4M 3A7 and such notice shall be deemed to have been given and received on the third day after mailing. 8. NO ASSIGNMENT 8.1 The Developer shall not assign or otherwise transfer the benefit of this Agreement without the written consent of the Township, which may be unreasonably withheld. IN WITNESS WHEREOF the Developer has hereunto set its hands and seals this 28!r+ day of k A y 2020. BRAESTONE D VE O CORPORATION Per: Name: (signature) 4 - � I D C->,itjs-(V4-j . Position: P461-sIf I have authority to bind the corporation (print) (print) IN WITNESS WHEREOF the Township has hereunto sets its hands and seals this 10th day of June, 2020 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: H.S. Hughes, Mayor Per: . lam. k Xa�u-'Ro— Yvonne Aubichon, Clerk SCHEDULE "A" DESCRIPTION OF LANDS: PART OF THE EAST AND WEST HALVES OF LOTS 2 AND 3, CONCESSION 9 BEING ALL OF PIN # 58532-0275(LT) FORMERLY IN THE TOWNSHIP OF ORO, TOWNSHIPOF ORO-MEDONTE, COUNTY OF SIMCOE V 9 SCHEDULE "B" CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP: 1. Township's lawyer and Planner for all costs involved in processing the Pre - Servicing Agreement, and for all the Township's Engineers for checking of plans, specifications and inspection on behalf of the Township. $10,000.00 TOTAL CASH DEPOSITS TO THE TOWNSHIP $10,000.00 2. A Letter of Credit as security to ensure the due completion of the Township services to be constructed by the Developer, and as security to be held by the Township for the warranty periods to be more particularly described in the Subdivision Agreement for the Subdivision Lands. SECURITY TO BE DEPOSITED WITH THE TOWNSHIP $996,580.53 aRAE410lE SIBOOaiON PlMSE2GEaFxmwcxuioeOpNEWHS11alGlIWKf�' SPWD Cmiu,He,00q ),F1. W uaersrux(srr ORCP.,d, U.T EST.pTY, q.T.NCE SE0.NTf a.b)nr uowr% s�u(a,r ,J,0..). ,asnexvwa ,.q sabxNgrrwnsxrtiv ,ae, >mq >:..Bmq ,q. FY.B]•➢. \8 mee)r.yagsar�saf.svaaaa 3% itlq i,,.,qq ,q. 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Box 100, Oro Ontario, LOL 2X0 We hereby authorize you to draw on the Bank of Ontario, , for the account of up to an aggregate amount of which is available on demand. Pursuant to the request of our said customer, we, the Bank of , , Ontario, , hereby establish and give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-Medonte. The original Letter of Credit must be presented to us at: Bank of , Ontario, The Letter of Credit, we understand, relates to a Pre -Servicing Agreement between our said customer and the Corporation of the Township of Oro-Medonte, with Mortgage Company, as a third party, regarding subdivision of: (property description) The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Oro-Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the present, or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. Dated at Ontario, this day of 20 . Authorized Signature Bank of Authorized Signature